Section 48 in The Rajasthan Minor Mineral Concession Rules, 1986
48. Unauthorised working.
(1)No person shall undertake any mining operations except in accordance with the terms [and conditions of the prospecting licence, mining lease] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011], quarry licence, short term permit or any other permission granted under these rules.(2)[ The lessee or any other person shall not remove or despatch mineral from the mines (except from the quarry licence area) without rawanna. Rawanna shall be in Form No. 12 appended to these rules and duly stamped by the concerned office.] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011](2A)[ No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of these rules.] [Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011](3)[ Who ever contravenes the provisions of [sub-rule (1), (2) or (2A)] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011] shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both.Provided that the [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, Superintending Mining Engineer (Vigilance)/Mining Engineer/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/official authorised by the [Government/Director in this behalf] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012] may either, before or after the institution of the prosecution compound the offence committed in contravention of the sub-rule (1) on payment of such sum as he may specify.Provided further that the amount specified under the above proviso shall not be less than Rs. 5,000/- and shall be in addition to the cost of mineral if recoverable.](4)Where any person trespasses on any land on contravention of the provisions of sub-rule (1) such trespasser may be served with an order of eviction by the [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, Superintending Mining Engineer (Vigilance), Mining Engineer, Mining Engineer (Vigilance) or Assistant Mining Engineer' by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).] concerned or any other officer/official authorised by the [Government/Director/Additional Director (Mines) in this behalf] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012].(5)Whenever any person without a lawful authority or in contravention of the terms and conditions of the mining lease/quarry licence, short term permit or any other permit raises any mineral from any land and for that purpose bring on the land any tool, equipment, vehicle or other thing [such mineral, tool, equipment like wire saw, crane, excavator, loader, power hammer, compressor, drilling machine, crusher etc., vehicle like dumper, tractor trolly, half body trucks, full body trucks, trolla etc.] [Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011] or other thing may be seized by the authorities mentioned in sub-rule (4).Provided that where mineral so raised has already been dispatched or consumed, the authorities mentioned in sub-rule (4) may recover cost of the mineral along with rent, royalty or the tax chargeable on land occupied or mineral excavated which will be computed as [10] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994] times the royalty payable at the prevalent rates.Provided further that every officer seizing any property or mineral under this rule shall give a receipt of the property so seized to the person from whose possession the property or mineral is so seized and make a report of such seizure to his superior officer and to the Magistrate having jurisdiction over the area to try offence.(6)The property other than the mineral seized under sub-rule (5) may be released by the officer who seized the property in the execution of a bond by the trespasser or the owner of the property or any other person to the satisfaction of such officer that the property so released shall be produced at the time and at the place when such production is required by such officer.Provided that where a report has been made to the Magistrate under sub-rule (5) the property shall be released only under the orders of the Magistrate.(7)All property seized under this rule shall be liable to be confiscated by an order of Magistrate trying the offence if the rent, royalty or tax or/and cost of the mineral as mentioned above are not paid by the trespasser within a period of 3 months from the date of commission of such offence or when the recoveries are not effected by that time.Provided that on payment of these dues within the said period of 3 months all properties seized shall be ordered to be released and shall be handed over to the trespasser or the owner of the property.
