Section 68 in Orissa Minor Minerals Concession Rules, 2004
68. Penalties.
(1)(i)Whenever any person is found extracting or transporting any minor mineral or on whose behalf such extraction or transportation is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal extraction or removal of such minor minerals and every such person shall be punishable with simple imprisonment for a term which may extend to two years or with fine which may extend to Rs.25,000/-(Rupees twenty five thousand only) or with both and in case of a continuing contravention, with an additional fine which may extend to rupees five hundred only for every day during which such contravention continues after conviction for the first such contravention.(ii)The Collector/Sub-Collector/Tahasildar/Director/Joint Director/Deputy Director/Mining Officer/Assistant Mining Officer/Senior Inspector of Mines/ Divisional Forest Officer/Assistant Conservator of Forest/Range Officer or police officer not below the rank of Sub-Inspector of Police may seize the minor minerals and its products together with all tools, equipments and vehicles used in committing such offence within their respective jurisdiction.(iii)No Court shall take cognizance of any offence punishable under these rules except upon complaint in writing made by such officer/authority mentioned under Clause (ii) of Sub-rule (1) above having jurisdiction.(iv)Where the offender agrees in writing to compound the offence punishable under these rules, the Tahasildar, Deputy Director/Mining Officer or Divisional Forest Officer within their respective jurisdiction shall either before or after filing the complaint, compound the offence on payment of such sum as determined by the above mentioned authority not exceeding the maximum amount of fine prescribed under these rules and value of the mineral and other properties seized. On payment of such fine and value, the seized mineral and properties shall be released forthwith:Provided that the accused shall be liable to furnish an undertaking/ bond to the effect that he shall not commit such offence in future:Provided further that in case the offender fails to pay the value of mineral, and any other property such properties shall be confiscated to Government and disposed of through public auction.(v)Where an offence under these rules is compounded no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded and the offender, if in custody, shall be released forthwith.(vi)If no person claims the mineral and other property if any, so seized within a period of thirty days, the authority competent to compound the offence may confiscate the same to the State and dispose of the same through public auction.(2)Whenever any person trespasses into any land in contravention of the provisions of these rules such trespasser may be served with an order of eviction by the Tahasildar/Sub-Collector/Collector/Deputy Director/Mining Officer/Assistant Mining Officer/Divisional Forest Officer/Assistant Conservator of Fores/Range Officer within their respective jurisdiction and such Government Officer, if necessary, may obtain the help of the police to evict the trespassers from the land.(3)Any mineral, tool, equipment, vehicle or any other things seized under these rules in respect of which complaint has been filed under Sub-rule (1), shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence and shall be disposed of in accordance with the directions of such Court.(4)Whenever any person raises, without any lawful authority, any mineral from any land, the Tahasildar/Mining Officer/Deputy Director/Divisional Forest Officer may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.(5)If the person committing an offence under these rules is a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished as per the provisions of the Act and these rules:Provided that nothing contained in this sub-rule shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.(6)Notwithstanding anything contained in Sub-rule (5), where an offence under these rules has been committed with the consent or connivance of any director, manager, secretary or-other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation-For the purposes of this rule,-(a)"Company" means any body, corporate and includes a firm or other association of individuals;(b)"Director" in relation to a firm means a partner in the firm.(7)In case of breach of any condition of the lease the competent authority may give notice of thirty days to the lessee to rectify the defects within the time specified. If the lessee fails to rectify the defects within the specified time, the competent authority may cancel the lease and/or leavy a penalty not exceeding rupees five thousand only.(8)In case of breach of any condition mentioned in Rule 33 of these rules and other conditions which the competent authority might have specified while granting a quarry permit, the competent authority may impose a penalty which may extend to rupees five hundred only per day and in the event of continuing contravention, the competent authority may cancel the permit. The minerals lying on the land from which the same are extracted shall thereafter become the property of the Government and disposed of by public auction.
