Section 40 in Bihar Minor Mineral Concession Rules, 1972
40. Penalty for unauthorised extraction and removal of minor minerals.
- [(1) Whoever is found to be extracting or removing minor minerals or on whose behalf such extraction or removal is being made he be an agent, a manager, an employee or a contractor or a sub-lessee, otherwise than in accordance with these Rules, shall be presumed to be party to the illegal removal of the minor mineral and every such person shall be punishable with simple imprisonment which may extend to six months or with fine, which may extend to rupees five thousand or with both.] [Substituted by S.O. 305 dated 26.3.1985.](2)Whenever any person is found extracting or removing or transporting minor minerals in contravention of the provisions of these Rules, the [Competent Officer or Deputy Director (Mines) or Additional Director (Mines) or Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] may seize the minor minerals together with all tools and equipments used in committing such offence.(3)The [Competent Officer or Deputy Director (Mines or Additional Director (Mines) or Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] who has seized the minor minerals or the tools and equipments under sub-rule (2), may release the same on the execution by the claimant thereof of a bond for the production of the property so released, if and when so required before the Court having jurisdiction to try the offence on account of which the seizure has been made.(4)The [Competent Officer or Deputy Director (Mines) or Additional Director (Mines) or Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] may, without orders from a Magistrate, and without a warrant, arrest any person who is found extracting or removing or transporting minor minerals in contravention of these Rules.(5)The [Competent Officer or Deputy Director (Mines) or Additional Director (Mines) or Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] making an arrest under sub-rule (4) of these Rules shall within 24 hours of the arrest, take or send the person arrested before the Magistrate having jurisdiction in the case along with a complaint in writing regarding the offence committed by the person.(6)The [Competent Officer or Deputy Director (Mines) or Additional Director (Mines) or Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] may release the person arrested on his executing a bond to appear before the Magistrate having jurisdiction in the case if and when so required.(7)If any driver of any carrier while carrying minor minerals fails to furnish the Challan in Form "F" or refuses inspection of such Challan by the Competent Officer or [Director of Mines or Additional Director of Mines or Deputy Director of Mines] [Substituted by S.O. 305 dated 26.3.1985.] or Director (Mines) or Collector or Commissioner or any officer authorised by the Collector, he shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.(8)[Whoever removes minor mineral without valid lease/permit or on whose behalf such removal is made otherwise than in accordance with these Rules he be an agent, Manager, contractor or a sub-lessee, shall be presumed to be a party to the illegal removal of the minor mineral and shall be liable to pay [the price thereof and the Government may also recover from such person rent, royalty or taxes as the case may be, for the period during which the land was occupied by such person without any lawful authority] [Inserted by S. 0.1133 dated 19.8.1978 and Omitted by S.O. 262 dated, 5.3.1983 and again Inserted by S.O. 305 dated 26.3.1985.] without prejudice to other action being taken against him under these Rules or any other law for the time being in Force.](9)[ Notwithstanding anything contained in Rule 40 (8) hereinbefore whosoever, under the terms of an agreement other than an agreement under these Rules at any time has received or receives cost of minor mineral/material including royalty under the terms of the said agreement shall deposit that royalty which is included in such cost of mineral/material in the manner prescribed in Rule 43 hereinafter, within seven days from the date of receipt of such cost of mineral/material.Any royalty received as such by such person before the commencement of this Rule shall be deposited by him within fifteen days from the date of commencement of this Rule :Provided that if a sum equal to the royalty included in the cost of mineral/ material so received has already been paid or deposited prior to receipt of cost of the mineral/material including royalty by him he shall not be required to deposit the royalty said above:Provided further that any royalty payable under this Rule, if not paid when due be recovered with interest @ 15 percent per annum as an arrear sum of public demand"] [Inserted by S.O. 1063 dated 16.10.1989.](10)[ To prevent evasion of royalty it is provided that works contractor shall purchase the minerals from lessee/permit holder and authorised dealers only and no Works Department shall receive the bill which the works contractors submit to recover cost etc. of mineral used by them in completion of the works of the Works Department under any agreement from the works contractor if the said bill is not accompanied by an affidavit in Form 'M' with particulars in Form 'N' of these Rules alongwith a photo copy of the said affidavit and particulars. It shall be the duty of the officer who receives or on whose behalf the said bill is received to send the photo copy of the Affidavit and particulars to the District Mining Officer/Assistant Mining Officer within whose jurisdiction the mineral was allegedly purchased, for verification.If contents of the said affidavit on verification by the concerned District Mining Officer/Assistant Mining Officer is found to be false either wholly or partly it shall be presumed that the concerned mineral was obtained by illegal mining and in that event the said District Mining Officer/Assistant Mining Officer shall take action as prescribed in these Rules against the maker of the said affidavit:Provided that if the Works Contractor deposits or pays the royalty in respect of the mineral so consumed/supplied by him as shown in the aforesaid affidavit and particulars the said District Mining Officer/Assistant Mining Officer in his discretion may not take action as prescribed in this Rule".Explanation. - For the purposes of this Rule-(i)"Works Department" means departments of the Central or State Government including Company, Corporation, Undertakings, Autonomous body of the Government engaging Works Contractors for any kind of construction on its behalf.(ii)"Works Contractor" means an individual, a firm, a company, an association or body of individuals who under an agreement, with the Works Department work for the said Department.]
