91. Procedure for Confiscation and Auction of Minor Minerals by District Collector.
(1)Where any minor mineral is seized by any Mining Officer or Police Officer, he shall submit report to the District Collector and request for its confiscation and auction.(2)On receipt of the report under sub-section (1), the District Collector, if satisfied that an offence under these rules has been committed, may, whether or not prosecution is instituted for the commission of such an offence and whether or not a case is pending before any Court, proceed for confiscation and auction of such minor mineral;(3)The Collector shall thereupon issue a public notice informing about the impending auction giving 7 days notice for any person to appear and file objection with regard to the said bidding.(4)If within 7 days no objection is received, the Collector shall treat the said minor minerals as ''unclaimed'' and then proceed to order confiscation of the said minor mineral. Thereafter, he shall issue a public auction notice giving 7 days time for prospective bidders and then settle the auction with the highest bidder. The proceeds shall then be deposited in the Government Treasury. Before deciding the auction, the Collector may direct that a certain portion of the confiscated minor mineral may be given to the local Government Departments at their Scheduled rates. The remaining portion of the confiscated minor mineral may be given to the highest bidder.(5)Where, as a result of the public notice issued under sub Rule (2) any objection is filed by a person who claims that the confiscated minor minerals belong to him, the Collector shall pass a reasoned order rejecting or accepting his claim. If the claim is rejected by the Collector, then he may proceed to take action for auction as per sub Rule (4). However, the Collector may deposit the proceeds in the Government Treasury with the condition that if the objector goes in appeal and obtains an order in his favor from any Court, the said money shall be returned to the objector.(6)Where, as a result of objection received by the Collector, the Collector passes an order in favor of the objector and holds that the confiscated minor minerals belongs to the objector, the Collector may, in the interest of ensuring adequate availability of the said minor minerals in the district, still proceed with the auction process as per sub rule (4) and money so fetched in the auction be given to the claimant.(7)Where, pursuant to his order under sub Rule (6) above, if the minor mineral so confiscated is a subject matter of an FIR or a criminal proceeding, the Collector may still proceed with the auction but deposit the proceeds in the Government Treasury with the condition that if any objector goes in appeal and obtains a favorable order from any Court, the said money shall be returned to the said person.(8)The District Collector shall submit a full report of all particulars of confiscation to the Commissioner of Mines within one month of such confiscationExplanation. - For the purpose of this rule, the public auction may or may not be through e-auction.
