4. Prohibition of possession of, and trading in, mica without licence, proprietor's certificate or digger's permit.
(1)Save as provided in sub-section (2) and sub-section (3) of this Section, no person shall-(a)have in his possession or sell mica extracted from a mica mine of which he is in possession and which is situated in land of which he is the proprietor except under and in accordance with miner's licence [* *] [The words 'or a digger's permit' repealed by Bihar Act 28 of 1953.];(b)have in his possession or sell mica extracted from a mica mine of which he is in possession and which is situated in land, of which he is the proprietor except under and in accordance with a proprietor's certificate;(c)have in his possession or sell mica extracted from a mica dump of which he is in possession, except under and in accordance with a miner's licence, a dealer's licence or a proprietor's certificate;(d)buy mica, or have in his possession or sell mica extracted in a controlled area from a mica dump of which he is not in possession or mica imported into a controlled area from any place not situated in a controlled area, except under and in accordance with a dealer's licence;(e)being a licensee, [or registered proprietor] [Substituted by the Bihar Mica (Amendment) Act, 1953 (Bihar Act 28 of 1953) for 'registered proprietor or digger'.], sell mica to any person resident or carrying on business in a controlled area, unless such person possesses a valid dealer's licence;(f)being a person to whom a dealer's licence has been granted, buy mica from a person resident or carrying on business in a controlled area, unless such person is licensee, [or registered proprietor] [Substituted by the Bihar Mica (Amendment) Act, 1953 (Bihar Act 28 of 1953) for 'registered proprietor or digger'.];(2)Nothing in sub-section (1) shall apply to-(a)the possession, sale or purchase of manufactured mica;(b)the sale of mica by a licensee or registered proprietor to, or the purchase of mica from a licensee or registered proprietor by, any person not resident or carrying on business in a controlled area; and(c)the possession, sale or purchase of mica under circumstances and subject to such conditions as may, from time to time, by notification, be specified by the [State] [Substituted by A.L.O.] Government.(3)Any licensee or registered proprietor whose licence or proprietor's certificate ceases to be in force under [sub-section (4)] [Substituted by the Bihar Mica (Second Amendment) Act, 1949 (Bihar Act 20 of 1950) for 'sub-section (3)'.] of Section 6, [or sub-section (3) of Section 5] [Inserted by Bihar Act 20 of 1950.], or as the case may be, is cancelled under sub-section (1) of Section 25, shall be entitled, up to a date not later than six months after the date on which his licence or proprietor's certificate ceases to be in force or is cancelled, as the case may be, to sell or otherwise dispose of any mica which was in his possession on the date on which his licence or proprietor's certificate ceased to be in force or was cancelled. -(4)[ If any licence or proprietor's certificate ceases to be in force by reason of the death of the licensee or the registered proprietor, as the case may be, it shall be the duty of his legal representative, and if he has more than one legal representative, all legal representatives, to furnish to the Controller within six months of the death of the licensee or the registered proprietor, a true and correct account of any mica left in the possession of such licensee or registered proprietor on the date of his death.(5)The Controller may, after such inquiry as he thinks fit, by order, permit such legal representative or representatives to sell or otherwise dispose of any mica, in respect of which particulars have been furnished under sub-section (4), within such period, not exceeding six months from the date of the order, and subject to such conditions, if any, as may be specified in the order.(6)If any legal representative or representatives of any such deceased licensee or registered proprietor fails or fail to furnish a true and correct account of any mica, as required by sub-section (4) or to sell or otherwise dispose of any such mica within the period specified in an order under sub-section (5) or within such further time as may have been allowed by the Controller in this behalf, the Controller may order that such mica shall be forfeited to the State Government.(7)If any licensee or proprietor's certificate ceases to be in force by reason of the death of the licensee or registered proprietor, the Controller may, on application and after making such inquiry as he thinks fit, grant a temporary licence or proprietor's certificate, as the case may be, to his heir or heirs for a period not exceeding six months.(8)Any person aggrieved by an order passed by the Controller under subsection (5) or sub-section (6) may, within thirty days from the date of order, appeal to the Commissioner of the Division whose decision shall be final.] [Added by the Bihar Mica (Amendment) Act, 1953 (Bihar Act 28 of 1953).]
