Section 6 in Rajasthan Mineral Prevention of Illegal Mining Transportation and Storage Rules, 2007
6. Establishment of check posts, weigh bridges and inspection of Mineral/goods in transit.
(1) If the State Government, Director, Additional Director (Mines), Superintending Mining Engineer, or Mining Engineer/Assistant Mining Engineer considers it necessary with a view to prevent the illegal mining may, subject to provision of sub-rule (2), establish check post at any place by an order in writing.(2)The Assistant Mining Engineer/Mining Engineer, Superintending Mining Engineer, Additional Director (Mines), Director and State Government may order to establish a check post for a period up to 6 months, 1 2months, 18 months, 2 years and for a period more than two years respectively.(3)The establishment of check post for a period exceeding 2 years shall be Notification in the Official Gazette and in other cases, Notification at the place of establishment of check post and on the Notification Board of the Office of the concerned Mining Engineer/Assistant Mining Engineer shall suffice.(4)An authorized officer or incharge of the Check Post/Naka may check any vehicle carrying the mineral at any place and the owner or the person incharge of the vehicle shall furnish a valid Rawanna/Royalty Receipt/Transit Pass and other particulars [Deleted] [Deleted and Added by Amending Rules, 2011 G.S.R. 81 Notification No. F. 12(17) Mines/Gr 11/2000 Pt dated 13-1-2011. Published in Rajasthan Gazette Part [VC dated 17-1-2011.] as demanded by the said officer/incharge of the check-post.(5)The State Government or Director may establish the weigh bridge or may authorize any weigh bridge in the area on certain mutually agreeable conditions, to measure the quantity of mineral being transported at any place, by an order in writing.(6)At every check post or at any other place when so required by authorized officer, the driver or any other person incharge of the vehicle shall stop the same, get the minerals contained therein weighed, shall pay weighing charges as fixed by the Government from time to time and shall keep the vehicle stationed so long as may reasonably be necessary and allow incharge of the check post or authorized officer as aforesaid, to examine the minerals in transit and also inspect all records relating to the minerals in possession of such driver or other person. The driver or incharge of vehicle shall, if so required by the incharge of the check post or authorized officer, shall give his name and address as also that of the owner of the vehicle and the name and address of the consignor and the consignee. After checking the minerals and vehicle, the incharge of the check post or authorized officer shall put his signature on the rawanna/royalty receipt/transit pass so as to avoid any further checking at another check post.(7)[ If the officer incharge of the check post or any other officer mentioned in sub-rule (4) above has reason to believe that royalty has been evaded in respect of any mineral liable to assessment for royalty, such officer may require the owner or person incharge of the vehicle to pay cost of mineral along with compounding fee as specified by the officer authorized under section 22 of the Act.(8)The officer incharge of the check post or the barrier or the officer empowered under sub-rule (4) shall have power to seize mineral along with vehicle which is not covered by a valid rawanna, or transit pass issued by Department of Mines and Geology, if the owner or person incharge of the vehicle refused to make payment as required under sub-rule (7). The seized vehicle alongwith mineral shall be handed over to SHO/incharge of nearest Police Station.(9)The officer incharge of the check post or the barrier or any officer empowered in this behalf shall give a receipt of such mineral along with vehicle seized by him to the person from whose possession or control it is seized.] [Deleted and Added by Amending Rules, 2011 G.S.R. 81 Notification No. F. 12(17) Mines/Gr 11/2000 Pt dated 13-1-2011. Published in Rajasthan Gazette Part [VC dated 17-1-2011.]
