92. Procedure for Confiscation and Auction of Items other than Minor Minerals by District Collector.
(1)Where anything, other than a minor mineral, liable for confiscation under these rules is seized or detained under the provisions of these rules, the officer seizing and detaining such item or transport or vessel or animal shall, without any reasonable delay submit a report to the District Collector who has jurisdiction over the said area;(2)On receipt of the report under sub-section (1), the District Collector if satisfied that an offence under these rules has been committed, may, whether or not prosecution is instituted for the commission of such an offence and whether or not a case is pending before any Court, proceed for confiscation and auction of such property;(3)The Collector shall, before passing an order under subsection (2), give a notice of 7 days to the person concerned, of being heard and he may also issue a public notice for him to appear;(4)If the said person appears and files his reply, the Collector shall pass a reasoned order on the same accepting or rejecting his claim. If the Collector rejects his claim, he shall order for the confiscation of the said items and its public auction.(5)Where the person concerned does not appear as result of the notice, the Collector shall be free to pass an order ex-parte.(6)While making an order of confiscation under sub-section (4), if the District Collector is of the opinion that it is expedient in the public interest to do so, he may order the said confiscated item or any part thereof to be sold by public auction and proceeds deposited with the State Government;(7)The District Collector shall submit a full report of all particulars of confiscation to the Commissioner of Mines within one month of such confiscation.Explanation. - For the purpose of this rule, the public auction may or may not be through e-Auction.
