Section 68 in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
68. Breaches and default by mineral dealer.
(1)A mineral dealer shall be held to be committing a default or breech of the conditions of license in the following events, namely :-(i)Default-(a)failure to display the details of licence on a sign board ;(b)failure to file the monthly return of stocks; and(c)failure to maintain the up-to-date registers(ii)Breach-(a)accepting minerals in raw or processed form from unauthorized and unexplained sources ;(b)storing and stocking minerals that do not tally with the entries in opening and closing balance of stock register ;(c)permitting the sale of mineral, in raw or processed form without issuing a valid challan;(d)loading of mineral in a carrier without a mineral transport permit ;(e)operating the stockyard without a valid license ; and(f)repeatedly found committing defaults.(2)Where a licensee is found to be committing a default, he shall be liable to remedy or rectify such default within a period of 15 days in the first instance. In case of a second default, he shall be liable to rectify the default and shall also be liable to a fine which may extend to Rs. 10,000/. A third time default or the continuation of the first or second default inspite of opportunities given to rectify-the same, would amount to a breach and dealt accordingly.(3)Where a licensee is found to be in breach of the conditions of licence, the licensing authority may take any or all the following actions :-(i)suspension of the license with stoppage of receipt or purchase or sale of any mineral in raw or processed form in or from the stockyard. The dealer shall be holding the inventory of stocks, duly accessed at the time of suspension of license till such time the suspension order is revoked. The period of suspension, may continue upto a period of three months or till such time the breach is rectified, whichever is earlier ;(ii)temporary seizure of the stocks till such time the stocks are reconciled with the records and established to have been accepted from legal sources ;(iii)forfeiture of the stocks and their disposal as per provisions of these rules and termination of the dealer license ; and(iv)cancellation of licence with provision for a ban of 5 years to grant any fresh license to the individual, firm or company.(4)An officer authorized by the licensing authority shall be competent to take action in matters where the licensee has committed default or breach.(5)Where the officer-in-charge of the District concerned is of the view that license has committed breach, he shall immediately report the matter to the Director along with such supporting material as may be required.(6)The Director, either on his own motion or on the report of a subordinate officer or on the complaint of any person, shall be competent to take action in the breach cases, in cases where the Director is satisfied that immediate interim action is required to stop any eventuality of the continuity of any breach, he may pass such interim orders as considered appropriate.A show cause notice would be issued to the licensee in order to enable him to present his defense and an opportunity of personal hearing granted, if so requested, before passing a final order.(7)Whenever any person is found storing any mineral or its products in contravention of the provisions of these rules, the authority under these rules may seize the mineral or its products together with any carrier used in committing such offence and shall be liable for punishment under these rules.(8)Any authority seizing illegally extracted, transported or stored mineral or its products, tools, equipments and carrier under these rules shall give a receipt of the same to the person from whose possession such things are so seized and shall have the authority to prefer complaints in courts having jurisdiction to try such offence.(9)All properties seized under these rules shall be liable to be confiscated by an order of the court trying the offence, if the amount of fine and other sum imposed are not paid within a period of one month from the date such order is issued.Chapter-IX Establishment of mineral check posts, storage and transportation of minerals
