State of Odisha - Act
The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990
ODISHA
India
India
The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990
Rule THE-ORISSA-MINERALS-PREVENTION-OF-THEFT-SMUGGLING-AND-OTHER-UNLAWFUL-ACTIVITIES-RULES-1990 of 1990
- Published on 11 May 1990
- Commenced on 11 May 1990
- [This is the version of this document from 11 May 1990.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement
2. Definitions.
- In these rules, unless the context otherwise requires-(a)"Act" means the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989;(b)"Form" means a form appended to these rules;[(b-i) * * *] [Omitted vide Orissa Gazette Extraordinary No. 141/29.1.2003 S.R.O.No. 28/2003.](c)"scientific test" means any test conducted for chemical and mineralogical analysis of the ores and minerals and assessment of their chemical and mineralogical constituents and properties;(d)"section" means a section of the Act;(e)"research work" means any work done for benefication and upgradation of the minerals and ores and for examining their suitability for utilisation for industrial purpose.3. Applications for grant of licence.
- [(1) Any person who wishes to possess, store, sell, trade in or otherwise deal with any mineral shall make an application to the competent authority as required under Sub-section (1) of Section 6 for a licence for [for any or group of minerals] [Substituted vide Notification S.R.O. No. 520/15.7.1991, vide Orissa Gazette Extraordinary No. 891/31.7.1991.] in Form 'A'. The application shall be submitted in duplicate].4. [ Processing of applications. [Substituted vide Notification S.R.O. No. 520/15.7.1991, vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
5. Disposal of application for licence.
- [(1) After due enquiry, the competent authority shall, within 2 (two) months from the date of receipt of the application, either grant a licence to the applicant on the conditions specified in Rule 6, for a period not exceeding one year at a time for all minerals including precious and semi-precious stones (Gem stone), or refuse to grant the licence as he considers fit.] [Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]6. Conditions.
- The licence shall be granted in Form 'D' subject to following conditions, namely :7. [ Renewal of licence. [Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
- The licence can be renewed further for not more than one year for each term on application in the prescribed form and on payment of renewal licence fee of Rs. 1.00 lakh (Rupees one lakh) for precious and semi-precious stones and Rs. 5000/-(Rupees five thousand) only for other minerals to be deposited in a Government treasury under the Head of account mentioned in Sub-rule (2) of Rule 3.]8. [ Application for renewal of licence. [Substituted vide Notification. S.R.O. No. 520/15.7.1991 vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
- Every application for renewal of licence shall be made to the competent authority before ninety days of the expiry of the existing licence and shall be proceed in the same manner as provided for the original licence.]Chapter-III9. Application for grant of permit.
10. Disposal of application.
- On receipt of the application the competent authority may cause an enquiry and may grant a permit within a period of fifteen days in From 'I' subject to the conditions specified in Rule 12 and for a period not exceeding two months.11. Refusal of application for grant of permit.
- In case of refusal, the competent authority shall communicate the reasons of such refusal to the person concerned in writing.12. Conditions of permit.
- The permit granted under Rule 10 shall be subject to the following conditions, namely :13. Filing of appeal petition.
14. Compounding of offences by the competent authority.
15. Maintenance of register.
- The competent authority shall maintain a register in his office in Form 'M', mentioning therein the details of every offence compounded by him under these rules.16. Depositing the sums.
- All sums collected by compounding the offence shall be deposited under the Head of account as mentioned in Sub-rule (2) of Rule 3.Chapter-VI Seizure and confiscation17. Seizure by the authorised officer.
- The authorised officer after seizing any property under Section 16 shall keep such property under his custody with proper official seal and with detailed information in Form 'N', indicating that the same has been seized by him and shall except where the offender agrees in writing to get the offence compounded either produce the same property before the competent authority or make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.18. Confiscation of the property.
- When any mineral and other property seized is produced before the competent authority and he is satisfied that an offence has been committed in respect thereof he may order confiscation of the mineral and other properties used in committing such offence subject to the condition that-19. Custody of property.
- In case the authorised officer finds difficulties to keep the seized properties under his custody, he shall keep the same under the custody of a third party until the compensation for compounding the offence is paid or until an order of the Magistrate directing the disposal of properties is received. Selection of the third party shall be the sole responsibility of the authorised officer and he should see that the seized properties in no case are pilferred or damaged.20. Arrest of persons.
- While arresting any person under Sub-section (1) of Section 27 of the Act, the competent authority or the authorised officer shall inform the accused person about his offence. It will be the personal responsibility of the officer, who has arrested or detained any person in custody to see that such person is produced before the Magistrate within a period of twenty-four hours from the time of arrest.Chapter-VII Revision21. Filing of revision petition.
1. Name of applicant for licence (in full) :
2. Profession :
3. Full address :
4. Father's name in full (in case of firm, give names and address of partner and person holding powers of attorney to act on behalf of the firm) :
5. Specific place or places of business :
6. Financial status with details of person i.e. property, annual payment of Income Tax and any other relevant evidence regarding financial status :
7. Specific purpose for which licence is applied for (processing/storing/selling/trading) :
8. Name of mineral/ore for which licence is required :
9. Evidence of payment of application fee :
10. Name and address of persons/firms from whom the mineral/ores will be purchased/ procured :
11. Period for which licence is required :
12. In case of renewal the number and date of original licence:
13. Detail of Income Tax/Sales Tax clearance certificate:
14. Any special ground for grant of licence in favour of the applicant. List of enclosures
DeclarationI/We hereby declare that I/We have read and understood all the provisions of the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988 and Rules made thereunder and the conditions of the licence and, I/We agree to abide by the same.Date of application.............Place..................Signature of the applicantForm 'B'[See Rule 3 (3)]Acknowledgement of receipt of application for licenceReceived.............copies of applications for grant of licence for possessing/storing/selling/trading.....................(Name of Mineral/Ore) Ore/Mineral from Shri/Smt............................................ S/O.....................resident of..................P.O.........P.S................District..............today with the following enclosures:| Sl. No. | Date of receipt of application | Name of applicant | Address of applicant | Name of mineral/ore | Place of processing/ storing/ selling/ trading |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Date of grant/ refusal | Date of appeal, if any | Date of disposal of appeal with orders in brief | Date of revision | Date of disposal of revision with orders inbriefs |
| (7) | (8) | (9) | (10) | (11) |
| Date of expiry of licence, if granted | Date of application for renewal | Date of renewal | Period of renewal | Remarks |
| (12) | (13) | (14) | (15) | (16) |
1. Name of the licensee (in full) :
2. Full address :
3. Father's name in full :
(in case of firm, names and address of partner and person holding power of attorney to act on behalf of the firm) :4. Profession of the licensee :
5. Specific place or places of business :
6. Specific purposes for which licence is granted
7. Name of mineral/ore covered under the licence :
8. Challan No. showing payment of application fee :
9. Challan No. showing payment of security deposit :
10. Name and address of persons/firm from whom the mineral/ore will be purchased/ procured :
11. Period of licence :
12. If it is a case of renewal the number and date of grant of the original licence :
13. No. and date of application for this licence
Date of grant.........Signature of the competent authority to grantlicences with designation and addressForm 'E'[See Rule 6 (ii)]Amount of ores/minerals to be maintained daily1. Name of the licensee :
2. Full address :
3. No. and date of licence :
4. Period of licence :
5. Name of mineral/ore :
6. Place of business :
7. Name of circle mining offices under whose jurisdiction the mineral/ore is stored :
| Name of month/year | Date | Gradewise opening balance of mineral/ore at thestore/factory (in Tonne) | Gradewise quantity of ores/ minerals received (inTonne) | Source of receipt |
| (1) | (2) | (3) | (4) | (5) |
| Total stock of ore/ mineral (in Tonne) | Gradewise quality of ores/minerals consumed/sold/despatched for processing | Details despatches with T.P.Nos. and date | Gradewise closing balance of ore/ mineral at thestore or factory site | Remarks |
| (6) | (7) | (8) | (9) | (10) |
1. Name of the licensee :
2. Full address :
3. No. and date of licence :
4. Period of licence :
5. Name of mineral and ore :
6. Name of the plant/factory :
7. Postal address of the factory :
8. Name of mining circle office having jurisdiction over the factory/plant:
| Name of month/year | Date | Opening balance of mineral/ ore at the plant | Quantity of ore/ mineral received at plant | Quantity of ore/ mineral fed to the beneficationplant | Quantity of ore/ mineral recovered afterbenefication | Closing Remarks balance of ore/ mineral at theplant | Remarks |
| Crude beneficated | Crude beneficated | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Book No. : | District : |
| Place from which mineral is transported : | Permit No. : |
| Designation : | Route : |
| Name of consignor : | |
| Name of consignee : |
| Depot/Benefication Plant/Factory | Stock No. | Name of mineral/ore | Percentage content of mineral/ore | Measurement of mineral/ore in carrier (in metre)L.B.H. |
| (1) | (2) | (3) | (4) | (5) |
| Cubic content-(in cum.) : | (in tonnes) | |||
| Gross weight of carrierBare weight of carrierNetweight of mineral/ore |
1. Name of applicant for permit :
(in full)2. Profession :
3. Full address :
4. Father's name (in case of firm give names and address of partners and persons holding power of attorney to act on behalf of the firm):
5. Name of mineral/ore to be transported :
6. Source from which mineral/ore is procured
7. Destination to which transportation to be made :
8. Quality and quantity of ore/mineral to be transported (in tonnes and % of mineral content) :
9. Evidence of payment of application fee :
10. Purpose of transportation of ore/mineral :
11. Period for which permit is required :
12. Any special ground for grant of permit in favour of the applicant :
Date of application..........Signature of the applicantForm 'I'[See Rule 10]1. Name (name in full) of the person to whom permit is granted :
2. Profession :
3. Full address
4. Father's name (in case of firm names and address of the partners and persons holding power of attorney to act on behalf of the firm) :
5. Name of mineral/ore to be transported :
6. Quantity and quality of ore/mineral to be transported
(in tonnes and % of mineral content) :7. Source from which mineral/ore is procured
8. Destination to which transportation to :
9. Purpose of transportation :
10. Period for which permit is granted :
11. Place where the ore/mineral will be presented for checking :
12. No. and date of application for permit :
13. The grantee shall be abided by the conditions overleaf:
Date of grant.......Signature of competent authority grantingpermit with designation and addressForm 'J'[See Rule 12 (c)]1. Name of the permit-holder :
2. Address in full :
3. Date of permit :
4. Period of permit :
5. Name of mineral/ore to be transported :
6. Place from which ore/mineral is transported :
7. Total quantity of mineral/ore to be transported :
8. Name of Circle Mining Office having jurisdiction over the ore/mineral :
| Month | Date | Opening stock of mineral to be transported | Quantity of ore/ mineral transported | No. of supporting transit passes | Destination to which ore/ mineral is transported | Closing stock of ore/ mineral to be transported | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
1. Name of the appellant/revisionist in full :
2. Address :
3. Father's name (in case of firm name and addresses of the partners and persons holding power of attorney to act on behalf of the firm):
4. No. and date of order of competent authority against which appeal/revision is preferred
5. Ground of appeal/revision :
6. Evidence of payment of fee for appeal/revision
7. In case of appeal preferred after 30 days of order the reasons of delay :
8. Whether the appellant/revisionist desires to be heard in person or through pleader:
9. Any additional information the appellant/ revisionist desires to furnish :
Date of filing the appeal/revision petition......Signature of the appellant/revisionistForm 'L'[See Rule 21 (1)]1. Name of applicant :
2. Address :
3. Father's name (in case of firm name and addresses of the partners and persons holding power of attorney to act on behalf of the firm) :
4. No. and date of order of appellate/revisional authority against which application is filed :
5. Grounds of application :
6. Evidence of payment of fee for application :
7. No. and date of order by competent authority against which appeal/revision was preferred :
8. Any additional information the applicant desires to furnish :
Signature of the applicantDate.....................Form 'M'[See Rule 15]Register of compounding of offences| Sl. No. | Date of commission of offence | Name of accused person/persons | Brief description of offence | Property involved in office |
| (1) | (2) | (3) | (4) | (5) |
| Place of occurrence of offence | Officer detecting the offence | Compounding fee for offence | Compounding fee for property | Total compounding fee |
| (6) | (7) | (8) | (9) | (10) |
| Signature of authority compounding the offence | No. and date of Treasury challan in whichcompounding fee is deposited | Date of disposal and cost of property if notcompounded | No. and date of Treasury challan in which cost ofproperty is deposited | Remarks |
| (11) | (12) | (13) | (14) | (15) |