Section 68 in The Rajasthan Minor Mineral Concession Rules, 1986
68. Establishment of check posts and barriers and weighment and inspection of goods in transit.
(1)If the State Government, Director, Superintending Mining Engineer or [Mining Engineer/Assistant Mining Engineer considers it necessary] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011] to do so, with a view to prevent or check the evasion of royalty under these rules at any place or places within the State he may direct the setting up of check post or erection of a barrier or both at such place or places by an order in writing.Provided that the [Mining Engineer/Assistant Mining Engineer concerned may not direct] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011] setting up of check post or barrier for a period exceeding 6 months, the Superintending Mining Engineer for a period is exceeding 1 year, and the Director for a period exceeding 2 years.Provided further that the setting up of check post or erection of a barrier for a period exceeding 2 years shall be notified in the Official Gazette and in other cases display of the notice at the place of establishment of check-post or erection of a barrier and on the Notice Board of the office of the concerned Mining Engineer and Assistant Mining Engineer may suffice.(2)[The Director,] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011] [Additional Director (Mines)/Additional Director Mines (Vigilance)/Superintending Mining Engineer/Superintending Mining Engineer (Vigilance), Mining Engineer/Mining Engineer (Vigilance)/Assistant Mining Engineer/Assistant Mining Engineer (Vigilance)] [Substituted 'Additional Director (Mines), Superintending Mining Engineer, Mining Engineer, Superintending Mining Engineer (Vigilance), Mining Engineer (Vigilance), Assistant Mining Engineer' by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).] or any other [officer authorised by any of them or by the State Government] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012] in this behalf may check a vehicle carrying the mineral at any place and the owner or the person in charge of the vehicle shall furnish a valid Rawanna [or transit pass or Royalty Receipt issued by Department of Mines and Geology in the prescribed form and other documents/particulars] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] as demanded by the 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 incharge of the check post or barrier or any other officer empowered by the Director/State Government in this behalf, the driver or any other person incharge of the vehicle shall stop the same, get the minerals contained therein weighed, shall pay weighing charges as fixed by the Government from time to time and shall keep the vehicle stationed so long as may reasonably be necessary and allow officer in charge of the check post or the barrier or such other officer as aforesaid to examine the minerals in transit and also inspect all records relating to the minerals in possession of such driver or other person. The driver or other person shall, if so required by the officer in charge of the check post or the barrier or any other officer so empowered give his name and addresses as also that of the owner of the vehicle and the name and address of the consignor and the consigned. After checking the minerals and vehicle the officer incharge of the check post of the barrier or such other officer as aforesaid shall put his signature on the rawanna so as to avoid any further checking at another check post.(4)Every owner or person incharge of a vehicle shall carry with him a valid rawanna or [Royalty Receipt or transit pass issued by Department of Mines and Geology] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] in respect of the materials carried and shall produce the same before any officer incharge of a check post or barrier or other officer [empowered under sub-rule (2) or (3)] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012].(5)If the officer incharge of the check post or any other officer mention in [subrule (2) or (3)] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012] above has a reason to believe that royalty is likely to be evaded in respect of any mineral liable to assessment for royalty, such officer may require the owner or person incharge of the vehicle to pay an amount equal to [10] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994] times the amount of royalty payable on the mineral [in accordance with Schedule-I along with compounding fee as specified by the officer authorized under section 22 of the Act.] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011][***] [Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996]Provided [***] [Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996] that where on weighment or by measurement at the check post it is found that the entire quantity of mineral is not covered by the rawanna, the amount of royalty on such difference, shall be recovered by the officer incharge of the check-post.(6)(i)The officer incharge of the check post or the barrier or the officer empowered under sub-rule (2) shall have the power to seize and confiscate [mineral along with vehicle which is not covered by a valid rawanna, or transit pass issued by Department of Mines and Geology, if the owner or person incharge of the vehicle refused to make payment as required under sub-rule (5), the seized vehicle along with mineral shall be handed over to SHO/incharge of nearest Police Station.] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011](ii)The officer incharge of the check post or the barrier or any officer empowered in this behalf shall give a receipt of [such mineral along with vehicle seized by him] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] to the person from whose possession or control it is seized.(iii)[ The officer incharge of the check post or any officer empowered under sub-rule (2) or (3) may direct the person incharge of the vehicle to carry the vehicle along with mineral, so seized, to the nearest police station or check post or barrier of the Department] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012].(7)Whenever an order of confiscation [in respect of mineral along with vehicle seized] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] under sub-rule (6) is made by an officer empowered by the Government in this behalf such officer shall give an option to the owner or incharge of the vehicle to pay an [amount as per sub-rule (5)] [Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011] in view of such confiscation. In case of failure of the owner or person incharge of the vehicle to exercise such option the confiscated material may be disposed of by the confiscating officer or any other officer authorised in this behalf by public auction by beat of drum or he may sell in directly at the rate prevalent in the adjacent area.Provided [that no such mineral along with vehicle] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] confiscated under subrule (6) shall be disposed of by the confiscating officer or any other officer authorised in this behalf before 48 hours of such confiscation and till that time option shall remain with the owner or person incharge of the vehicle to carry the mineral after paying [an amount as per sub rule (5).] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011][Explanation: The word check post" wherever occurs in this rule shall include "Naka."] [Added by Rajasthan Gazette Extraordinary dated 29/08/1996]
