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State of Haryana - Section

Section 97 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

97. Procedure for dealing with Default and Breach conditions and the competent authority.

(1)An officer authorised by the Licensing Authority shall be competent to take action in matters amounting to 'default' conditions.
(2)Where the officer-in-charge of the district concerned is of the view that a licensee has committed 'breach' of the license conditions, he shall immediately report the matter to the Director alongwith such supporting material, as may be required.
(3)The Director, either on his own motion or on the report of a subordinate officer or on the complaint of any public person, shall be competent to take action in the breach cases. In cases where the Director is satisfied that immediate interim action is required to stop any eventuality of the continuity of any breach condition, he may pass such interim orders as considered appropriate. A show cause notice would be issued to the licensee in order to enable him to present his defence and an opportunity of personal hearing granted, if so requested, before passing a final order.
(4)Whenever any person is found storing any mineral or its products in contravention of the provisions of these rules, the authority under these rules may seize the mineral or its products together with any carrier used in committing such offence and shall be liable for punishment under rule 104 of these rules.
(5)Any authority seizing illegally extracted, transported or stored mineral or its products, tools, equipments and carrier under these rules shall give a receipt of the same to the person from whose possession such things are so seized and shall have the authority to prefer complaints in courts having jurisdiction to try such offence.
(6)All properties seized under these rules shall be liable to be confiscated by an order of the court trying the offence, if the amount of fine and other sum imposed are not paid within a period of one month from the date of order.Chapter - 15 Transportation of Minerals