Section 46 in The Karnataka Minor Mineral Concession Rules, 1994
46. Power of entry, inspection etc.
(1)Any officer empowered by the State Government by notification in this behalf (hereinafter in this rule referred to as empowered officer) may, for the purpose of these rules require any quarry operator, lessee, licensee, dealer in minor minerals, owner or manager of granite cutting and polishing units, transport of minor mineral, clearing and forwarding agents for granite and other specified minor minerals, to produce before him the accounts, registers and other documents and to furnish any other information relating to quarrying operation or business or trade in minor minerals.(2)All accounts registers and other documents pertaining to the business of a dealer, lessee, licensee, the minerals in his possession or in the possession of his agent including clearing and forwarding agents or broker and their offices, go down, cutting and polishing units, factory, vehicle or any other place where the business is done or accounts are kept shall be open for entry and inspection and examination at all reasonable times by the empowered officers.(3)If the empowered officer has reason to suspect that any dealer, lessee or licensee is attempting to evade payment of royalty or other dues under these rules, he may, for reasons to be recorded in writing, seize such mineral, accounts registers or other documents of the dealer, lessee or licensee as he may consider necessary and shall give receipt to the dealer, lessee, licensee or any other person from whose custody such mineral, accounts registers, documents are seized. The accounts registers and documents so seized shall be retained by such officer only for their examination or for any enquiry or proceedings under these rules or for prosecution:Provided that the mineral, accounts registers and documents so seized shall not be retained by such officer beyond a period of thirty days from the date of seizure without the written order of the Director for reasons to be recorded in writing:Provided further that before returning the minerals, accounts registers and documents, the empowered officer may require that the dealer, lessee or licensee shall give a written undertaking that the minerals, accounts registers and documents shall be presented whenever required by the empowered officer for proceedings under these Rules and that such undertaking shall be supported by a security in such form as may be specified for a total sum calculated at the rate of five times the royalty prevailing as per schedule 2 for the possession or utilisation of minerals not accounted for.(4)The empowered officer may, after giving the dealer/lessee/ licensee an opportunity of being heard and holding such further enquiry as he may consider fit, realise from him, the cost of the mineral for the possession or utilisation of mineral not accounted for.(5)For the purpose of sub-rule (2) and (3), the empowered officer shall have powers to enter and search at all reasonable times, any offices, go down, stone cutting and polishing units, factory or vehicle or any other place of business or any building or place where, the empowered officer has reason to believe that the dealer, lessee or licensee keeps or for the time being keeping any mineral, accounts registers or other documents pertaining to his business or quarrying operations.(6)Such empowered officer may, when it is not practicable to seize any books or accounts registers, documents or mineral, serve upon the dealer, lessee or licensee or the person who is in immediate possession or control thereof, an order that he shall not remove, part-with or otherwise deal with them except with the previous permission of such empowered officer who may take such steps. in accordance with rules, as may be necessary for ensuring compliance of this sub-rule.(7)The power conferred by sub-rule (4) and (5) shall include the power to break open any box or receptacle in which any accounts registers or documents of dealer, lessee or licensee may be contained or to break open the door of any premises where any such mineral, accounts registers or documents may be kept or to place marks of identification on his books of accounts, registers or documents to make or cause to be made extracts or copies thereof:Provided that the power to break open the door shall be exercised only after the dealer, lessee or licensee or any other person in occupation of the premises, if he is present therein, fails or refuses to open the door on being called upon to do so.(8)The empowered officer may require any person:-(a)Who transports or holds in custody of any mineral for delivery to or on behalf of any dealer, lessee or licensee to give any information likely to be in his possession in respect of such mineral or to permit inspection thereof, as the case may be;(b)Who maintains or has in his possession any accounts or documents relating to the trade or quarrying operations, to produce such accounts or documents for inspection.(9)The provisions of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) relating to searches shall apply, so far as may be, to the searches made under these rules.Chapter-VIII Disposal of Seized or Confiscated Minor Minerals and Minor Minerals Left After the Expiry or Termination of Lease Through Auction Sale.
