Section 101 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
101. Inspection of minerals and its transportation at checkposts or during transit.
(1)The Director or the State Mining Engineer or the Collector of the district concerned may direct the Officer-in-charge of the district concerned to set-up or establish permanent or temporary check-posts or erection of barrier or both, at inter-state entry or exit points and any other places by an order in writing with a view to checking of the transportation of minerals raised without lawful authority;(2)Any authorised officer or official(s) may check any carrier carrying minerals, at any place and the person in-charge of such carrier shall present a valid mineral transit pass issued and a mineral transport permit for such vehicle as may be demanded by said officer or official(s).(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 any other authorised officer, the person in-charge of the carrier shall stop the same for examination of the mineral or its products in transit and co-operate for inspection of all records and documents relating to minerals or its products in possession of such person.(4)The person in-charge of the carrier shall, if so required by officer-in-charge of the check-post or the barrier or any other authorised officer, disclose his name and address as also that of the owner of the carrier, the name and address of both the consigner and the consignee, and the particulars of the place from where the mineral was extracted and dispatched and any other relevant details. After checking the minerals or its products and carrier, if the authorised officer or the officer/ official(s) in-charge of the check-post is satisfied that the mineral or its product is being transported under a valid mineral transit pass and a transport permit, the authorised officer or official(s) in-charge of the check-post shall put his seal and signature on the transit pass and let such carrier proceed without any hassles.(5)If the authorised officer/ official in-charge of the check-post or any other authorised officer has reasons to believe that the mineral or its products are being transported under a mineral transit pass which is suspected to be tampered or transportation is found without any valid transport permit, the authorised officer/ official(s) in-charge of the check post, shall take action as provided under rule 104 of these rules.(6)If the person in-charge of the carrier refuses to pay the penal amount under sub-rule (5), the officer in-charge of the check-post or the barrier or the authorised inspecting officer shall -(i)have the power to seize the mineral along with such carrier in transit;(ii)give a receipt of such mineral and carrier seized by him to the person from whose possession or control it is seized;(iii)direct the person in-charge of the carrier to carry the mineral and also the carrier to the nearest police station or check-post or barrier of the concerned department;(iv)seize the carrier and take the same in his possession 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 of the department;(v)give an option to the owner or in-charge of the carrier to either compound the offence by paying the penalty amount or face criminal legal action of registration of an FIR and further proceedings where a carrier together with the mineral is seized by an authorised officer .(7)Where the officer-in-charge of the check-post or any other authorised officer has reasons to believe that the weight recorded in the mineral transit pass is not correct, he may direct the person in charge of the carrier to take such carrier to the nearest electronic weigh bridge and take recourse to action prescribed for under-weighment under these rules.(8)Where any person is found transporting any mineral and/or mineral products in contravention of the provision of these rules, any authorised inspecting officer may seize the mineral or its products along with any tool, equipment, carrier or any other things used in committing such offence and the driver and/ or the owner of the carrier shall be liable for punishment under rule 105 of these rules, irrespective of the place from where the minerals have been raised.(9)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 seized.(10)All properties seized 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 of order.
