Section 10 in The Orissa Minerals (Prevention of theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007
10. Transport of minerals.
(1)Any person who wishes to transport or remove any mineral from any place, shall make an application complete in all respect in Form H in duplicate to the Competent Authority for issue of a permit.(2)Every application for grant of permit shall be accompanied by original Treasury challan of Rupees one hundred towards non-refundable application fee; to be deposited in a Government Treasury under the Head of Account as mentioned in Sub-rule (2) of Rule 4.(3)On receipt of the application, the Competent Authority may cause an enquiry and grant a permit within a period of seven days in Form.l. The period of permit shall not exceed one month. Copies of the permit shall be endorsed to the Deputy Director of Mines/Mining Officer under whose jurisdiction the mineral will be transported. Grant of the permit shall be subject to the following conditions, namely:(i)The applicant shall disclose and satisfy the Competent Authority regarding the legality of the source from which the mineral(s) are procured;(ii)The permit holder shall maintain a correct and intelligible account of the mineral transported by him every day in Form E;(iii)He shall furnish copies of the above account for every calendar month within seven days of the succeeding month to the Competent Authority; and(iv)In case of breach of any of the terms and conditions of the permit, the Competent Authority shall issue a notice to the permit holder(s) to show-cause for such violation within seven days of receipt of the notice. If there is no response from the permit holder within the stipulated time or the show-cause given by him is not found satisfactory, the Competent Authority may cancel or suspend the permit by an order in writing to be communicated to the permit holder.(4)In case of refusal of the application made under Sub-rule (1), the Competent Authority shall communicate the reasons of such refusal to the applicant in writing by registered post with acknowledgement.(5)The lessee, after proper dressing, stacking, grading and analysis of the mineral Shall apply to the concerned Mining Officer or Deputy Director of Mines as the case may be, notifying his intention to remove such mineral, in Form J. The application is to be accompanied with a fee as specified in Sub-rule (2) and submitted in duplicate through the concerned Senior Inspector of Mines enclosing copies of chemical analysis report of the mineral analysed in a Government Laboratory/laboratory of Public Sector Undertaking approved by the Government, in duplicate in Form K.(6)The Senior Inspector of Mines shall verify the stacks with reference to the chemical analysis report, land from which mineral raised, balance stock from previous permitted quantity and total stock at mines site and forward the application to the Mining Officer/Deputy Director of Mines with his verification report within seven days of receipt of the application.(7)In case it appears to him the grade of the stacked minerals is different from the grade mentioned in the analysis report or of marginal grade, the Senior Inspector of Mines shall draw joint samples from the said stacks in presence of the lessee or his authorized representative. The sample, so collected, shall be prepared and divided into three parts and sealed with joint signatures of the lessee or his authorized representative. One of the sealed samples shall be sent to the Government Laboratory for analysis, the second part shall be handed over to the lessee, and the third part shall be deposited with the Mining Officer or Deputy Director of Mines, as the case may be, as umpire sample. The analysis results of Government Laboratory would be final provided that in case of any dispute the Director may allow analysis of the umpire sample at the Government Laboratory in presence of the lessee or his authorized representative, if he is satisfied with the genuineness of the dispute and on the representation of the lessee. The analysis result of the Government laboratory shall be final and binding:Provided that in case of a fully mechanized mines, if the lessee declares to pay highest rate of royalty as prescribed under the Second Schedule of the Act, stacking and sampling shall be dispensed as provided under Rules 6 and 7 above. The Deputy Director of Mines/ Mining Officer shall issue permit after permission accorded by the Director of Mines for such dispense. The Director of Mines may prescribe conditions, as he deems fit, for such permission. Average blast hole samples data in terms of quality and quantity of each blast representing the average run of Mines grade shall be submitted to the concerned Deputy Director of Mines or Mining Officer, as the case may be, for record and verification. Further the lessee shall be required to submit a monthly average analysis report for quality and grade.(8)On receipt of verification report from the Senior Inspector of Mines, the Mining Officer/Deputy Director of Mines, as the case may be, shall issue a permit in Form L within seven days. Copies of the permit shall be endorsed to the Deputy Director of Mines and/or the Mining Officer through whose jurisdiction the mineral permitted will be transported. The permit shall be issued for a period not exceeding one month from the date of its issue.(9)Notwithstanding anything mentioned above; transit permit for the first despatch from a new mine shall not be issued by the Mining Officer/ Deputy Directors without receipt of the registered lease deed and grant of permission for surface operation.(10)The lessee or the permit holder(s) shall obtain transit pass books from the Competent Authority to the extent of his requirement, on production of Treasury Challan showing non-refundable deposit as prescribed by the Government towards the cost of a book, under Head of Account "0058-Stationery and Printing-102-Sales of Gazettes etc.-0I27-Receipt of Government Press-02133-Sales Proceeds of Gazettes etc." tor each book containing 50 transit passes, in triplicate The transit permit shall be issued in Form M for the lease holder(s) and transit permit in Form G for other licensee/permit holder.(11)The transit passes/permits shall be machine numbered showing Book Number and Serial Number of the pass/permit. Before issue of the transit pass book to the lessee/permit holder(s) the pages in the book shall be stamped with the office seal and facsimile signature of the Mining Officer/ Deputy Director, Mines concerned on the reverse. After the first issue of the said book, subsequent issues will be made only on the surrender of used-up books.(12)On receipt of the used up book(s) the Mining Officer/Deputy Director of Mines concerned shall get its original counterfoils checked in his office with regard to the material entries in the relevant transit passes previously received at check gate/weigh bridge so that no discrepancy may arise in future as to the quantity and grade (i.e. percentage content of the minerals) despatched. After such checking and verification the Mining Officer/Deputy Director of Mines concerned shall return to the lessee(s), the used up books having each counterfoil marked as 'checked' with seal and signature of the Mining Officer/Deputy Director of Mines or any other subordinate officer authorized by him on his behalf.(13)All despatches of minerals in carriers, except those by rails or aerial ropeway, shall be accompanied with transit pass/permit in duplicate, in Form I & Form L, as the case may be. The person in charge of the carrier shall produce the transit pass/permit at the check post and weighbridge enroute or on demand by any Competent Authority or such other officer authorized under these rules:Provided that in case of transport of mineral by holder of reconnaissance permit or prospecting licence for test purpose or transport of minerals purchased by auction, in addition to transit pass/permit, a special permit may be issued by the Competent Authority.(14)In case of transportation of mineral by railway wagons, samples of mineral shall be drawn by the person authorised by the concerned Deputy Director, Chemical Analysis/Analytical Chemist from each lot of four wagons or less, as the case may be, in presence of the lessee or his authorized representative. The lessee shall provide suitable mechanized facilities for drawal of representative sample. The method of the drawal of the mechanized samples shall be approved by the Director of Mines. The sample so drawn shall be divided into three parts, of which one part shall be sent to the Government Laboratory for analysis under joint seal and signature. The second part shall be handed over to the mine owner under joint seal and signature and the third part be kept with the Mining Officer or Deputy Director of Mines, as the case may be, under joint seal and signature as umpire sample. The analysis report of the sample collected during a month shall be submitted by the Government Laboratory to the Competent Authority by 10th day of next month under intimation to the lessee. The report on Railway Receipt (HR) for the month indicating the quantity and quality of mineral source of procurement (Source wise, quality wise and quantity wise) and particulars of the buyer shall be submitted by the lessee to the concerned Deputy Director of Mines/ Mining Officer by 15th day of next month.(15)With a view to check illegal transportation and storage of mineral, the Government may impose restrictions on such activity, if necessary.Chapter-4
