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State of Uttar Pradesh - Section

Section 12 in U.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018

12. Establishment of check post, barrier and weighbridge and inspection of mineral in transit.

(1)With a view to checking the transport and storage of minerals raised without lawful authority and to check the quality and quantity of minerals transported from lease hold areas and depot, the Government may set up check post(s) with or without barrier(s) and weighbridge(s) at any place within the State.
(2)The following officers or any other officer authorised by the State Government in this behalf may stop and check any carrier at any place within their respective jurisdiction and the person in charge of the carrier shall furnish the valid transit pass/permit and other particulars such as bill(s) or receipt(s) or delivery note(s) on demand.
  Designation of the Officer Jurisdiction
I. Director of Mines or the officers authorised by him Whole of the State
II. Chief Mines Officer Whole of the State
III. DM/ADM/SDM Within their respective District
IV. Senior Mines Officers/Mines Officers/MiningInspectors Within their respective Mining District/ Circle
V. Check gate Supervisors Within their Mining Circle
VI. Police Officers not below the rank of sub-inspector Within their respective jurisdiction
(3)Every holder of mining lease and/or licence shall provide necessary assistance to the authorised officer to inspect, verify and check the stocks and accounts of minerals and any other documents pertaining thereto and draw sample. He shall be responsible for providing necessary assistance and co-operation to the concerned authority for checking and inspection of the carrier during transit.
(4)Every holder of a mining lease and/or licence shall issue the duplicate and triplicate copies of the E-transit pass/transit pass to the in charge of the carrier transporting mineral from the mines/depot and the original copy shall be kept in the book.
(5)Where there is a check post or check post-cum-weightbridge(s) of the department every carrier will normally pass through this. The lessee or plant or factory using the mineral may be asked to have their own weighbridge at their own cost and they will issue transit pass along with weightment slip of weighbridge.All the carries shall carry two copies of the E-transit pass/transit pass (duplicate and triplicate) and shall stop at the check post/weighbridge where the quantity and quality of the mineral will be verified by the Government checking staff and proceed after being cleared by the check post clerk by making necessary endorsement(s) in the triplicate copy held by the in charge of the carrier. The duplicate copy shall be handed over to the check-gate clerk who will keep it for office record.
(6)The owner of the weighbridge shall keep the weighbridge in perfect working condition and any break down or malfunctioning shall be reported forthwith to concerned Mining Officer.
(7)The working hours of each check post, with or without barrier or weighbridge shall be announced in advance by the Mining Officer, as the case may be. and shall be commensurate with general requirement of the mineral traffic in that sector.
(8)The Government checking staff in charge of check post and/or weighbridge may verify the quantity and quality of the mineral carried and shall return one copy of the transit pass/permit. He shall record in both copies of the pass/permit any observation relating to the discrepancy between the quantity and quality of mineral carried and that shown in the pass/ permit. He shall bring to the notice of the Mining Officer any case of repeated discrepancies in respect of any mine owner/licensee.
(9)The person in charge of the carrier shall, if so required by the authorised officer, furnish all relevant information regarding consigner, consignee and minerals.
(10)After checking the mineral and the carrier, the officer in charge of the check post or weighbridge or any other authorised officer shall put his signature and designation with date and time on the transit pass.
(11)If the officer in charge of check post or weighbridge or any other authorised officer has reasons to believe that the mineral is not covered by the transit pass or the transportation is without a valid pass, such officer shall detain the vehicle. Then the officer in charge of check post or weighbridge or any other authorised officer shall seize the mineral(s), vehicle(s), tool(s), equipment(s) or any other thing(s) used in transport of minerals. The seized mineral(s), vehicle(s), tool(s), equipment(s) or any other thing(s) shall be liable to be confiscated by an order of the court competent to take cognizance of the offence and shall be disposed of in accordance with the direction of the Court.