Section 6 in Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003
6. Establishment of check-posts and barriers and wieghment and inspection of minerals in transit.
(1)If the State Government considers it necessary to do so with a view to check the transport and storage of minerals transported without lawful authority, it may direct the setting up of check-post or erection of barrier or both at any place or places within the State by an order in writing:Provided that the setting up of a check-post or erection of a barrier shall be notified in the Official Gazette.(2)Any officer authorised by the State Government in this behalf may check carrier carrying mineral at any place and the person in-charge of the carrier shall furnish a valid "Transit Pass" in the prescribed Form and other particulars such as bill or receipt or delivery note on demand by that officer.(3)At every check-post or barrier set up under sub-rule (1) or at any other place when so required by the officer in-charge of the check-post or the barrier or Competent Officer or any other authorised officer, the person in-charge of the carrier shall stop the same for checking and verification of the mineral in transit and also inspection of all records and documents relating to minerals in possession of such person and before in-charge of the check-post or the barrier or Competent Officer or any other authorised officer and furnish his name and address as also that of the owner of the carrier and the name and address of both the consignor and the consignee. After checking the mineral and carrier the officer in-charge of the check-post or the barrier or Competent Officer or any other authorised officer as aforesaid shall put his signature on the Transit Pass.(4)If the officer in-charge of the check-post or Competent Officer or any other authorised officer has reasons to believe that the mineral is not according to details of the transit pass, such officer, or any other authorised officer, shall recover from the person in-charge of the carrier the value of the mineral and royalty with other taxes.(5)(a)The officer-in-charge of the check-post or the barrier or Competent Officer or any other authorised officer shall have the power to seize the mineral along with the carrier in transit, if it is not accompanied with a valid transit pass or if the person in-charge of the carrier refuses to make the payment under sub-rule-4.(b)The officer in-charge of the check-post or the barrier or Competent Officer or any other authorised officer shall give a receipt of such mineral and carrier seized by him to the person from whose possession or control it is seized.(c)The officer-in-charge of the check post or Competent Officer or authorised officer may direct the person in-charge of the carrier to carry the mineral to the nearest police station or check post or barrier:Provided that if the person in-charge of the carrier, refuses to carry the mineral and the carrier to the nearest police station or check post or barrier the officer in-charge or Competent Officer empowered under sub-rule (3) may seize the carrier and take the same in his possession:Provided that if the officer in-charge of the check post or Competent Officer or any authorised officer if identified the carrier owner or mines owner he will release seized mineral along with carrier on his personal bond stating therein the value of the mineral and royalty with taxes and shall undertake to deposit within a week from the date of furnishing bond of the person in-charge of the carrier willing to take the seized mineral along with the carrier.
