Section 10(7) in The Orissa Minerals (Prevention of theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007
(7)In case it appears to him the grade of the stacked minerals is different from the grade mentioned in the analysis report or of marginal grade, the Senior Inspector of Mines shall draw joint samples from the said stacks in presence of the lessee or his authorized representative. The sample, so collected, shall be prepared and divided into three parts and sealed with joint signatures of the lessee or his authorized representative. One of the sealed samples shall be sent to the Government Laboratory for analysis, the second part shall be handed over to the lessee, and the third part shall be deposited with the Mining Officer or Deputy Director of Mines, as the case may be, as umpire sample. The analysis results of Government Laboratory would be final provided that in case of any dispute the Director may allow analysis of the umpire sample at the Government Laboratory in presence of the lessee or his authorized representative, if he is satisfied with the genuineness of the dispute and on the representation of the lessee. The analysis result of the Government laboratory shall be final and binding:Provided that in case of a fully mechanized mines, if the lessee declares to pay highest rate of royalty as prescribed under the Second Schedule of the Act, stacking and sampling shall be dispensed as provided under Rules 6 and 7 above. The Deputy Director of Mines/ Mining Officer shall issue permit after permission accorded by the Director of Mines for such dispense. The Director of Mines may prescribe conditions, as he deems fit, for such permission. Average blast hole samples data in terms of quality and quantity of each blast representing the average run of Mines grade shall be submitted to the concerned Deputy Director of Mines or Mining Officer, as the case may be, for record and verification. Further the lessee shall be required to submit a monthly average analysis report for quality and grade.
