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Item Nos.01 to 15 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 360/2015

WITH Original Application No. 366/2015

(M.A. No. 02/2019)


(M.A. No. 16/2019 & M.A. No. 170/2019)


(Earlier O.A. No. 89/2017 (EZ) (I.A. No. 76/2019)

WITH

Original Application No. 874/2018 WITH




WITH





WITH


Execution Application No. 40/2017 IN

O.A. No. 517/2015


(Earlier O.A.No.123/2014)

National Green Tribunal Bar Association Applicant(s)

Versus

Virender Singh (State of Gujarat) Respondent(s) WITH

National Green Tribunal Bar Association Applicant(s)

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Versus

Dr. Sarvabhoum Bagali (State of Karnataka) Respondent(s)

WITH National Green Tribunal Bar Association Applicant(s)

Versus

Dr. Sarvabhoum Bagali (State of Karnataka) Respondent(s)

WITH Sudarsan Das Applicant(s)

Versus

State of West Bengal & Ors. Respondent(s) WITH

News item published in "The Tribune" Authored by Arun Sharma

Titled

"Mounds of sand on Sutlej banks,mining mafia digs in"

WITH

Mushtakeem Applicant(s) Versus

MoEF& CC & Ors. Respondent(s) WITH

Sandeep Kumar Applicant(s) Versus

Ministry of Environment, Forests and Climate Change & Ors. Respondent(s)

WITH Virender Kumar Applicant(s)

Versus

Ministry of Environment, Forests and

Climate Change & Ors. Respondent(s) WITH Sandeep Kumar Applicant(s)

Versus

Ministry of Environment, Forests and

Climate Change & Ors. Respondent(s) WITH

M/s Ganga Yamuna Mining Co. Applicant(s) Versus

State of Haryana & Ors. Respondent(s)

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WITH Joginder Singh Applicant(s)

Versus

Ministry of Environment & Forest & Ors. Respondent(s) WITH Ved Pal Singh Applicant(s)

Versus

Ministry of Environment and Forests & Ors. Respondent(s)

WITH Chander Mohan Uppal Applicant(s)

Versus

State of U.P. & Ors. Respondent(s)

WITH Sandeep Kumar Applicant(s)

Versus

Ministry of Environment, Forest and

Climate Change & Ors. Respondent(s) WITH Himmat Singh Shekhawat Applicant(s)

Versus

State of Rajasthan & Ors. Respondent(s)

(Compliance Reports in O.A. No. 306/2015 by State of Madhya

Pradesh, Gujarat and CPCB, O.A. No. 366/2015 by State of Karnataka, O.A. No. 173/2018 by State of West Bengal and State of

Odisha and Justice R.K.Merathia, O.A. No. 44/2016 by State of Uttar Pradesh and State and Haryana and O.A 671/2017 by State of

Himachal Pradesh and Rajasthan)

Date of hearing: 26.07.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER

HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Mr. Raj Panjwani, Senior Advocate Ms. Meera Gopal, Mr. Sany Antony, Mr. Aagney Sail, Mr. Sarvan Kumar, Advocates For Respondent (s): Ms. Vipra Bhardwaj, Advocate for CPCB

Mr. Aagney Sail, Advocate for R-1 (in O.A. No. 366/2015 & 368/2015) Ms. Madhumita Bhattacharjee, Advocate for State of West Bengal Mr. Saumyajit Pani, Advocate for State of Odisha

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Mr. Vikas Mahajan, AAG for State of HP Mr. Rahul Khurana, Advocate for State of Haryana Ms. Padhmalakshmi Iyengar, AAG, State of Rajasthan Mr. Ankit Verma, Advocate for State of UP Mr. Jitendra Kumar Upadhyay, Director, Mines & Geology, Rajasthan Mr. Nivesh Kumar alongwith Principal Secretary, Mines & Mineral, State of MP

ORDER

1. The common question for consideration in the group of matters is the

remedial action against illegal sand mining in violation of direction of

the Hon’ble Supreme Court in Deepak Kumar Vs. State of Haryana &

Ors. (2012) 4 SCC 629. In the said judgement, degradation of

environment on account of unregulated sand mining has been noted

in detail. Since even after the said judgement, such sand mining was

going on, various petitions were filed before this Tribunal and have

been dealt with in the last six years by series of orders starting from

05.08.20131.

2. The Ministry of Environment, Forest & Climate Change (MoEF&CC)

issued Sustainable Sand Mining Management Guidelines 2016 (2016

Guidelines), vide amendment notification dated 15.01.2016 to the

Environment Impact Assessment Notification, 2006.

3. On 04.09.2018, in O.A No. 173/2018, Sudarsan Das v. State of West

Bengal & Ors, the Tribunal considered the matter in detail and found

that the 2016 Guidelines needed revision in the light of September,

2016 report of the High Powered Committee noted therein and the

observations in the said order so that there is mining surveillance

1 In O.A. No 38/2015

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system, safeguards against degradation of environment, mechanism

to evaluate loss to the ecology, effective monitoring and provision for

restoration of the environment and compensation to the inhabitants.2

4. The MoEF&CC was to furnish a report by 31.12.2018. The States of

West Bengal and Odisha were also directed to demarcate the

boundaries for regulating grant of sand mining leases and take other

remedial action.

5. The Tribunal reviewed the matter comprehensively vide order dated

05.04.2019 with regard to issues of illegal sand mining in all the

states. Some of the observations are:-

“The Hon’ble Supreme Court observed that absence of regulation of such mining was not justified as it was threat to bio-diversity, could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation bird species, increase saline water in the rivers. The Hon’ble Supreme Court observed that such mining has direct impact on the physical habitat characteristics of the rivers such as bed elevation, substrate composition and stability, in-stream roughness elements, depth, velocity, turbidity, sediment transport, stream discharge and temperature. Increase in demand of sand has placed immense pressure in the supply of sand resource and mining activities were going on illegally as well as legally without requisite restrictions. Lack of proper planning and sand management disturbs marine ecosystem and

2 Paras 25-28 in O.A No. 173/2018, Sudarsan Das v. State of West Bengal & Ors, order dated 04.09.2018

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upset the ability of natural marine processes to replenish the sand. The Hon’ble Supreme Court noted that core group was constituted by the MoEF&CC to examine the impact of minor minerals on riverbeds and ground waters. A draft report was prepared recommending mandatory preparation of mining plan on the pattern of mining plans for major minerals. Further recommendations are reclamation and rehabilitation of abandoned

mines, proportion of hydro geo-logical balance for minerals below ground water table limiting depth of mining to 3 meter and identification on locations where mining should be permitted was required. There is need for identifying safety zones in the proximity of intendments. Thus, strict regulatory parameters were required for regulating mining of minor minerals. It was noted that in-stream mining lowers the stream bottom of rivers which may lead to bank erosion. Depletion of sand in the stream bed causes deepening of rivers which may result in destruction of aquatic and riparian habitats. It has impact on stream’s physical habitat characteristics.”

After noticing various orders passed by this Tribunal in the light of

above observations, the Tribunal further observed.

“Despite this, the menace of illegal sand mining in India continues unabated. As per reports, the sand business in India employs over 35 million people and is valued at well over $126 billion per annum. In the year 2015-2016, there were over 19,000 cases of illegal minor minerals including sand in the country.3 In Uttarakhand, a 115

years old bridge collapsed due to overloaded sand trucks. In Maharashtra, 26,628 cases of illegal sand mining were recorded in the year 2017. The State of Maharashtra has the highest number of cases of non-compliance of Sustainable Sand Mining Management Guidelines, 2016. The State of Kerala suffered hugely in 2004 Tsunami and 2018 floods which several report explain were aggravated by illegal sand extraction.4 The issue of illegal sand mining

3http://www.legalserviceindia.com/legal/article-73-why-is-illegal-sand-mining-harmful-.html 4https://sandrp.in/2019/03/01/sand-mining-2018-is-it-a-national-menace/

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is also rampant in the states of Goa5, Bihar6, Tamil Nadu7, Uttarakhand8, Telangana9, Jammu

and Kashmir10 amidst others.”

6. The Tribunal thereafter noted the directions issued in various orders

and the status of compliance with regard to States of Gujarat,

Karnataka, Maharashtra, West Bengal, Odisha, Punjab, Haryana and

Uttar Pradesh and other States. In the light of situation found, this

Tribunal framed the following issues for consideration:-

“(a) Revision of Sustainable Sand Mining

Guidelines, 2016 by the MoEF&CC in the light of directions of this Tribunal vide order dated 04.09.2018 in Sudarsan Das (supra). (b) Compliance of Sustainable Sand Mining Guidelines, 2016 as may be revised by MoEF&CC as above. (c) Effective monitoring mechanism for preventive and remedial measures as directed in orders of this Tribunal, including surveillance system and recovery of compensation. (d) Directions in individual cases listed today.

(e) Scale of compensation.”

7. The directions after considering the above issues are as follows:-

“(a) MoEF&CC may now take necessary steps

in the matter in terms of order dated 04.09.2018 in Sudersan Das (supra) latest by June 30, 2019 and file compliance report by 15.07.2019, as already directed. (b) The States of West Bengal, Gujarat, Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana, Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal

5https://timesofindia.indiatimes.com/city/goa/govt-is-ignoring-illegal-sand-mining/articleshow/67908428.cms

6https://www.firstpost.com/india/illegal-sand-mining-part-3-bihar-govts-attempted-crackdown-has-sent-prices-

soaring-officials-face-axe-as-rivers-in-ruin-6008351.html 7https://en.wikipedia.org/wiki/Sand_mining_in_Tamil_Nadu

8https://sandrp.in/tag/uttarakhand-sand-mining/

9https://sandrp.in/2019/02/26/sand-mining-2018-telangana-and-andhra-pradesh/

10https://greaterkashmir.com/article/news.aspx?story_id=309365&catid=2&mid=53&AspxAutoDetectCookieSupport=1

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Pradesh may take steps in terms of orders dated 04.09.2018 in Sudarsan Das v. State of West Bengal & ors, 05.09.2018 in, 13.9.2018 in Mushtakeem v. MoEF&CC & Ors. and 16.01.2019 in Compliance of Municipal Solid Waste Management Rules, 2016. The Chief Secretaries may monitor and furnish reports as earlier directed. (c) The States of West Bengal, Gujarat,

Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana, Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal Pradesh may review monitoring mechanism in terms of directions of the Tribunal and guidelines of MoEF&CC. (d) The Director Indian School of Mines, Dhanbad may appear in person on 26.07.2019 to explain why action be not taken for violation of order of this Tribunal. (e) The State of West Bengal, Gujarat, Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana, Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal Pradesh may send further action taken reports by 30.06.2019. (f) The Committee in terms of para 59 above may furnish its report within three months to the

Tribunal by email at [email protected].”

8. The matter has been taken up today to consider the compliance of

the above directions. We have perused the reports received from

States of Gujarat, Karnataka, Maharashtra, West Bengal, Odisha,

Punjab, Haryana and Uttar Pradesh. Neither MoEF&CC has taken

steps nor given any explanation for its failure. None appeared for the

MoEF&CC during hearing but while dictating the order, learned

counsel for MoEF&CC suddenly appeared and only casual

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explanation furnished is that MoEF&CC has approached the Hon’ble

Supreme Court. While seeking of reasonable time for compliance on

the ground that the matter was pending in higher Court may stand

on different footing, there is no justification for unreasonable delay

for more than 9 months on the part of the MoEF&CC. Learned

counsel for the applicant submitted that in absence of any stay,

order of this Tribunal may be enforced by coercive measures. We

find merit in the submission, but before doing so, we give an

opportunity for compliance of the directions and direct Additional

Secretary concerned of MoEF&CC to remain present in person with

the compliance report and an explanation as to why action be not

taken against the person responsible for the default.

9. As regards the reports received from the above mentioned states, our

observations are as follows:

Report of the State of West Bengal and Gujarat

10. The report 24.07.2019 of the State of West Bengal is not in terms of

the directions of this Tribunal. No material particulars of the action

taken have been furnished. Learned counsel for the State fairly

accepts this position and seeks time to file a revised report. Same is

the position of the report dated 05.03.2019 filed by the State of

Gujarat. No counsel appears for the State. Let the revised report be

furnished specially in respect of revised compensation regime by e-

mail at [email protected].

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Report of the State of Karnataka

11. The report dated 02.07.2019 of Karnataka merely states that a

meeting was held by the Chief Secretary of the State on 25.06.2019

and it was suggested that the staff be deployed at check posts and

squads be formed to take stringent action. There is, however, no

report of the action taken on the ground. Learned counsel for the

State fairly states that this is not a satisfactory affidavit. Let a

further affidavit be filed giving actions on the ground. The plea

raised by the State that sale of cement in Karnataka was of not high

magnitude and it could be presumed that no illegal sand mining was

taking place is untenable. Such plea is only to avoid the issue and

the points laid out in the rejoinder ignores the specific observations

contained in paragraph 28 of the order dated 05.04.2019. Let a

revised affidavit be furnished to this Tribunal also addressing the

points raised in the rejoinder filed on 24.01.2019.

Report of the State of Madhya Pradesh

12. Report dated 01.07.2019 refers to the compensation regime under

Rule 23 (Penalty Provisions) of the Madhya Pradesh Sand Rule, 2018

(Mining Rules) to check evasion of Royalty which does not take into

account the damage to the environment. Whatever be the provision

for checking evasion of royalty, the compensation regime for

restoration of damage to the environment is a different issue as

already noted in the earlier order of this Tribunal in paragraphs 22

and 51. The Principal Secretary, Mineral Resources, Madhya Pradesh

is present in person. We have explained to him the requirement of

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the ‘Polluter Pays’ principle which is different from the mechanism to

deal with the royalty evasion as laid down under the Mining Rules.

The State needs to evolve a mechanism for recovering compensation

for the damage to the environment for legal as well as illegal mining.

Wherever damage is caused to the environment by using vehicles, the

vehicles or other equipment involved are to be dealt with in the

manner laid down in the order of this Tribunal dated 05.04.2019.

Let a further affidavit be filed before this Tribunal in terms of the

direction dated 05.04.2019 before the next date by e-mail at judicial-

[email protected].

Report of the State of Odisha

13. Report dated 19.02.2019 of an Expert Committee constituted in

pursuance of order of this Tribunal dated 04.09.2018, has been

forwarded to the State of Odisha and is furnished before the

Tribunal. This Report refers to the preliminary report dated

11.02.2019 furnished by Indian Council of Forestry Research and

Education (ICFRE) and more time is sought for completing the study.

Let the same be done at the earliest but before the next date.

14. We have also perused the report dated 28.03.2019 of the Justice R.K.

Merathia, former Judge of Jharkhand High Court, who was to

oversee (as Oversight Authority) the execution of directions of this

Tribunal dated 04.09.2018. We request the said Expert Committee

to furnish its final recommendations on or before 31.08.2019 so that

thereafter the monitoring regime may be evolved and taken over by

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the Chief Secretaries concerned. The O.A was to operate initially for

only 6 months.

Report of the State of Himachal Pradesh

15. The report dated 09.07.2019 of the State of Himachal Pradesh does

not advert to the directions of this Tribunal dated 05.04.2019. The

compensation regime does not take into account the requirements of

‘Polluter Pays’ principle to restore the environment as earlier noted in

the case of the State of Karnataka. The revised affidavit may now be

filed before the next date by e-mail at [email protected].

Report of the State of Rajasthan

16. The report dated 23.07.2019 of the State of Rajasthan does not refer

to the compensation regime as well as monitoring, as noted in the

order dated 05.04.2019. The revised affidavit may now be filed before

the next date by e-mail at [email protected].

Report of States U.P. and Haryana

17. The reports dated 25.07.2019 furnished on behalf of the State of U.P.

and Haryana also do not deal with the issues required to be dealt

with in the order dated 05.04.2019.

Report of the CPCB

18. The Committee constituted in terms of paragraph 57 was to prepare

a scale of compensation and furnish its interim report seeking six

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months’ time. There is no justification for such a long time in view of

inputs already available and any further inputs can be collected in

the next one month. The Chairman of CPCB may ensure that report

of the Committee is furnished latest within three months of the order

to this Tribunal by e-mail at [email protected].

19. In view of the failure of the States to give appropriate response or

failure to give any response, while giving last opportunity, we make it

clear that for any further default, matter may have to be viewed

seriously and deterrent costs imposed for continued default in giving

relevant response by the States. The cost may have to be recovered

personally from senior Officers of the State responsible for the

default.

20. It is made clear that pending further reports, the States must apply

the compensation regime as per principles specified in paragraph 56

of order dated 05.04.2019.

21. All the reports be filed in O.A. No. 360 of 2015.

22. Apology of Director, IIT – Indian School of Mines, Dhanbad is taken

on record. He is advised to be careful in future.

23. Copies of this order be sent to the Secretary, MoEF&CC, Chairman

CPCB and the Chief Secretaries of the States of West Bengal,

Gujarat, Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana,

Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and

Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal

Pradesh.

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List for further consideration on 31.10.2019.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

Dr. Nagin Nanda, EM

July 26, 2019 Original Application No. 360/2015 and other connected matters

A

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ITEM NO.9 COURT NO.4 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).34811/2013

(Arising out of impugned final judgment and order dated 21-10-2013in DBCMA No. 250/2013 21-10-2013 in DBCWP No. 13189/2012 passed bythe High Court of Judicature for Rajasthan at Jaipur)

NAVEEN SHARMA Petitioner(s)

VERSUS

THE STATE OF RAJASTHAN AND ORS. Respondent(s)

WITHSLP(C) No. 34134/2013 (XV)(WITH Application for Direction ON IA 9/2017, Application forDirection ON IA 10/2017, IA No.119289/2017-impleading party and IANo.119291/2017-CLARIFICATION/DIRECTION and IANo.119298/2017-impleading party and IANo.119300/2017-CLARIFICATION/DIRECTION and IANo.120769/2017-impleading party and IANo.120772/2017-CLARIFICATION/DIRECTION)

C.A. No. 9703-9706/2013 (XVII)

C.A. No. 17379-17380/2017 (XVII)(WITH IA No.111271/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNEDJUDGMENT and IA No.111268/2017-EXEMPTION FROM FILING O.T. and IANo.111270/2017-APPROPRIATE ORDERS/DIRECTIONS and IANo.111269/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 16-11-2017 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA

For Petitioner(s) Mr. Irshad Ahmad, AOR

Mr. S.S. Shamshery, AAG RajasthanMr. Amit Sharma, Adv.Mr. Sandeep Singh, Adv.Mr. Ankit Raj, Adv.Ms. Indira Bhakar, Adv.Ms. Ruchi Kohli, AOR

Ms. Pragati Neekhra, AOR

Mr. Yashvardhan, Adv.

Digitally signed bySANJAY KUMARDate: 2017.11.1617:12:37 ISTReason:

Signature Not Verified

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Mr. Ambuj Dixit, Adv.Mr. Merusagar Samantaray, AOR

Dr. Surender Singh Hooda, AORMr. Premtosh Mishra, Adv.

For Respondent(s)/applicant(s) Mr. Ajit Kumar Sinha, Sr. Adv.

Mr. Sarad Kumar Singhania, Adv.Mr. Anis Kumar Gupta, Adv.Mr. G.S. Makker, Adv.

Mr. C.A. Sundaram, Sr. Adv.Mr. Harish Pandey, AORMr. Himanshu Shekhar, Adv.

Mr. Neeraj Kishan Kaul, Sr. Adv.Mr. Anand Varma, AORMr. Sandeep Singh Shikhawat, Adv.Ms. Shubhangini Jain, Adv.

Mr. Ansar Ahmad Chaudhary, AOR

Mr. D. K. Devesh, AOR

Dr. Surender Singh Hooda, AOR Mr. Premtosh Mishra, Adv.

Ms. Ruchi Kohli, AOR

Mr. Sandeep Sekhawat, Adv.Mr. Lal Pratap Singh, Adv.Mr. Umesh Pratap Singh, Adv.Mr. R. C. Kohli, AOR

Mrs. Rachna Gupta, Adv.Ms. Alka Sinha, Adv.Mr. Siddhant S. Malik, Adv.

Mr. Sanjeeb Panigrahi, AOR

Ms. Kiran Bhardwaj, AOR

Mr. Pradeep Misra, AORMr. Suraj Singh, Adv.

Ms. K. Enatoli Sema, AORMr. Edward Belho, Adv.Mr. Amit Kumar Singh, Adv.Mr. K. Luikang Michael, Adv.

Mr. Vijay Panjwani, AOR

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Mr. Ritesh Khatri, AOR

Ms. Nandini Sen, Adv.Mr. Chanchal Kumar Ganguli, AOR

Ms. Rachana Srivastava, AORMr. Sukrit R. Kapoor, adv.

Ms. Aruna Mathur, Adv.Ms. Anuradha Arputham, Adv. for M/S. Arputham Aruna And Co

Mr. M. R. Shamshad, AOR

Mr. Anil Grover, AAGMr. Vishal Chauhan, Adv.Mr. Sanjay Kumar Visen, AOR

Mr. M. Shoeb Alam, AOR

Ms. Shibani Ghosh, AOR

Ms. G. Indira, adv.Mr. K.V. Jagishvaran, Adv.Mr. Bhupesh Narula, Adv.

UPON hearing the counsel the Court made the following O R D E R

In these matters, SLP(C) No.34134 of 2013 (State of

Rajasthan Vs. Nature Club of Rajasthan) should be taken

as the main case. Accordingly, in the cause list this

matter be shown as the main case.

We have heard learned counsel for the parties and we

are horrified with what is happening in the State of

Rajasthan with regard to bajri and sand mining/quarrying.

For several months, if not years, without any

environmental clearance and without any scientific

replenishment study, unabated mining is going on by 82

parties before us.

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It is quite obvious that the Ministry of Environment,

Forest and Climate Change is not concerned about the

degradation of the environment in Rajasthan and what is

even worse is that the State of Rajasthan is totally

unconcerned about it.

In Court, serious allegations have been made that the

State of Rajasthan is complicit with the miners/quarry

holders and sand and bajri is being mined with impunity.

Without giving any credence to the allegations made

until we hear from the Chief Secretary of Rajasthan on

affidavit, we restrain all the 82 mining lease/quarry

holders from carrying out mining of sand and bajri unless

a scientific replenishment study is completed and the

matter is fully and dispassionately considered by the

Ministry of Environment, Forest and Climate Change and an

environmental clearance is granted or rejected.

This order will come into force with immediate

effect.

List the matters after the affidavit from the Chief

Secretary of Rajasthan is filed.

C.A. No. 17379-17380/2017

Detag.

Reply be filed within four weeks.

List the matter immediately after four weeks.

(SANJAY KUMAR-I) (KAILASH CHANDER) AR-CUM-PS COURT MASTER

1 Rajsamand 5/24/2018 731 29080138 82 Bharatpur 5/11/2018 184 8585888 293 Dholpur 5/11/2018 217 13523730 24 Karoli 11/17/2018 676 18318430 395 Sawai Madhopur 5/3/2018 1384 47997032 176 Jodhpur 5/3/2018 592 46730822 537 Barmer 5/28/2018 164 70463351 158 Pali 5/24/2018 968 38456441 99 Jalore 5/3/2018 513 23827860 010 Sirohi 5/11/2018 367 11454347 011 Kota 5/21/2018 508 33807306 6312 Bundi 5/28/2018 339 19615520 12613 Jhalawar 7/17/2018 5 498200 014 Baran 7/17/2018 198 9903700 715 Bhilwara 5/31/2018 1800 89296971 50516 Chittorgarh 5/23/2018 431 25049975 7517 Bikaner 7/17/2018 383 37601975 4418 Churu 7/17/2018 41 3123102 319 Hanumangarh 7/17/2018 28 2529484 720 Shri Ganganarar 7/17/2018 58 5186653 1321 Jaisalmer 5/21/2018 105 5212875 1422 Ajmer 6/7/2018 1280 76010451 13823 Nagaur 5/16/2018 723 55905961 13824 Jaipur 5/22/2018 3787 237845815 65425 Alwar 7/16/2018 174 5367675 626 Sikar 5/18/2018 219 15518868 127 Jhunjhunu 5/11/2018 63 3265120 028 Tonk 5/5/2018 1728 105045370 41829 Dausa 5/10/2018 514 20703009 12230 Udaipur 6/5/2018 1049 64566729 8831 Banswara 6/27/2018 65 2578600 2132 Dungarpur 5/14/2018 37 3031000 1533 Pratapgarh 7/17/2018 101 7950600 0

19432 1138052998 2630Grand Total

In the state of Rajasthan, action taken report of S.I.T. against illegal mining, trasportation and stock of bajri (River Sand) from the date of formation of S.I.T.

To 30-09-2019S.no. District Date of formation of

S.I.T.Total cases made

by S.I.T.Penalty Recovered

(In Rs.)F.I.R. lodged

illegal mining

illegal transportation

illegal stock Total illegal

mining illegal

transportation illegal stock Total illegal

mining illegal

transportation illegal stock Total

1 Rajsamand 5/24/2018 21 667 43 731 2004820 25758568 1316750 29080138 1 5 2 82 Bharatpur 5/11/2018 1 183 0 184 166080 8419808 0 8585888 0 29 0 293 Dholpur 5/11/2018 1 215 1 217 43500 13340230 140000 13523730 0 2 0 24 Karoli 11/17/2018 3 661 12 676 0 18106380 212050 18318430 3 29 7 39

5 Sawai Madhopur 5/3/2018 4 1347 33 1384 411745 47361562 223725 47997032 1 12 4 17

6 Jodhpur 5/3/2018 22 545 25 592 2617880 38248242 5864700 46730822 6 45 2 537 Barmer 5/28/2018 30 113 21 164 3112241 65653010 1698100 70463351 4 4 7 158 Pali 5/24/2018 35 911 22 968 3263366 33605525 1587550 38456441 1 5 3 99 Jalore 5/3/2018 20 489 4 513 3083305 20535105 209450 23827860 0 0 0 010 Sirohi 5/11/2018 2 354 11 367 258375 10743100 452872 11454347 0 0 0 011 Kota 5/21/2018 3 458 47 508 173500 31169706 2464100 33807306 3 57 3 6312 Bundi 5/28/2018 0 329 10 339 0 17465520 2150000 19615520 0 125 1 12613 Jhalawar 7/17/2018 1 4 0 5 139600 358600 0 498200 0 0 0 014 Baran 7/17/2018 1 158 39 198 137500 6255850 3510350 9903700 0 5 2 715 Bhilwara 5/31/2018 49 1628 123 1800 5487638 78731320 5078013 89296971 19 452 34 50516 Chittorgarh 5/23/2018 4 405 22 431 0 24748675 301300 25049975 3 60 12 7517 Bikaner 7/17/2018 5 371 7 383 887940 34301035 2413000 37601975 1 43 0 4418 Churu 7/17/2018 0 41 0 41 0 3123102 0 3123102 0 3 0 319 Hanumangarh 7/17/2018 0 28 0 28 0 2529484 0 2529484 0 7 0 7

20 Shri Ganganarar 7/17/2018 0 58 0 58 0 5186653 0 5186653 0 13 0 13

21 Jaisalmer 5/21/2018 1 104 0 105 107000 5105875 0 5212875 1 13 0 1422 Ajmer 6/7/2018 25 1237 18 1280 2474535 72300596 1235320 76010451 5 131 2 13823 Nagaur 5/16/2018 12 708 3 723 443520 55356691 105750 55905961 4 134 0 13824 Jaipur 5/22/2018 20 3758 9 3787 903750 236900865 41200 237845815 14 633 7 65425 Alwar 7/16/2018 6 165 3 174 520335 4713840 133500 5367675 3 3 0 6

In the state of Rajasthan, action taken report of S.I.T. Against illegal mining, trasportation and stock of bajri (River Sand) from the date of formation of S.I.T. To 30-09-2019

Total cases made by S.I.T. against Penalty Recovered (In Rs.) against F.I.R Lodged againstS.no. District

Date of formation

of S.I.T.

26 Sikar 5/18/2018 12 204 3 219 1529440 13665228 324200 15518868 0 1 0 127 Jhunjhunu 5/11/2018 3 43 17 63 636320 1952800 676000 3265120 0 0 0 028 Tonk 5/5/2018 13 1710 5 1728 1640000 103205370 200000 105045370 416 2 0 41829 Dausa 5/10/2018 15 492 7 514 1825520 18877489 0 20703009 7 114 1 12230 Udaipur 6/5/2018 40 962 47 1049 5098179 54796700 4671850 64566729 10 78 0 8831 Banswara 6/27/2018 0 62 3 65 0 2440200 138400 2578600 0 21 0 2132 Dungarpur 5/14/2018 0 37 0 37 0 3031000 0 3031000 0 15 0 1533 Pratapgarh 7/17/2018 0 92 9 101 0 7693100 257500 7950600 0 0 0 0

349 18539 544 19432 36966089 1065681229 35405680 1138052998 502 2041 87 2630Grand Total

S. No DistrictNo. of cases

of illegal Mining

No. of cases of illegal Transport

No. of cases of illegal Stock

Total No. of Cases

Total No. of F.I.R. lodged

Total Penalty Recovered

( in Rs.)

1 Ajmer 25 1205 17 1247 126 787405922 Alwar 6 277 5 288 7 92185753 Banswara 0 147 5 152 26 103463404 Baran 1 238 40 279 6 114964005 Barmer 34 1002 21 1057 5 750027266 Bharatpur 2 257 1 260 24 158279207 Bhilwara 59 2154 124 2337 504 120594630.158 Bikaner 5 428 7 440 53 42598498.59 Bundi 2 527 12 541 128 33319100

10 Chittorgarh 6 712 29 747 80 4593063811 Churu 0 39 0 39 1 308875712 Dausa 15 782 4 801 105 3663564013 Dholpur 1 154 2 157 1 915551414 Dungarpur 20 156 3 179 15 1352546015 Hanumangarh 0 24 0 24 4 2529483.516 Jaipur 21 4372 12 4405 697 285750744.2517 Jaisalmer 1 113 0 114 13 569458518 Jalore 18 541 4 563 0 2450252519 Jhalawar 9 230 18 257 24 1531128020 Jhunjhunu 19 268 10 297 4 2065524021 Jodhpur 26 614 20 660 10 5414136622 Karauli 3 565 12 580 45 1770369023 Kota 0 425 22 447 46 3791964024 Nagaur 10 764 2 776 125 57528856.2525 Pali 50 1379 28 1457 5 5674651926 Pratapgarh 0 121 9 130 0 1042472927 Rajsamand 22 815 46 883 17 4130141328 Sawaimadhopur 5 1776 6 1787 47 6805423229 Shri Ganganagar 0 57 0 57 14 475149130 Sikar 8 230 6 244 1 1679475131 Sirohi 1 442 10 453 2 1464829732 Tonk 9 1723 1 1733 8 8651576233 Udaipur 33 1452 57 1542 93 98890224.6

411 23989 533 24933 2236 1425345619Grand Total

In the state of Rajasthan, districtwise details of action taken against illegal mining, transportation and stock of mineral Bajri (River Sand)

from 17-11-2017 to 30-09-2019

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RAJASTHAN GAZETTE

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Mines (Gr.II) Department

NOTIFICATION

Jaipur, February 28, 2017

G.S.R. 118:- In exercise of the powers conferred by section 15 of

the Mines and Minerals (Development and Regulation) Act, 1957

(Central Act No. 67 of 1957), the State Government hereby makes the

following rules for regulating the grant of quarry licence, mining lease

and other mineral concessions in respect of minor minerals and for the

purposes connected therewith, namely:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.- (1) These rules may

be called The Rajasthan Minor Mineral Concession Rules, 2017.

(2) They shall extend to the whole of the State of Rajasthan.

(3) They shall come into force on the date of their publication in the

Official Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise

requires,-

(i) “Act” means the Mines and Minerals (Development and

Regulation) Act, 1957 (Central Act No. 67 of 1957);

(ii) “Appellate Authority” means the Government or any

other authority vested with such powers under these

rules or any other authority authorised by the

Government to perform the functions of the appellate

authority;

(iii) “Assessee” means a person holding any mineral

concession or a permit and includes any other person

who is possessing, trading, processing or using minor

mineral;

(iv) “Assessing Authority” means Director, Additional

Director Mines, Additional Director Mines (Vigilance),

Superintending Mining Engineer, Superintending

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Mining Engineer (Vigilance), Mining Engineer, Mining

Engineer (Vigilance), Assistant Mining Engineer,

Assistant Mining Engineer (Vigilance) or Revenue

Intelligence Officer of the State Director of Revenue

Intelligence (SDRI) or any other officer authorised by

the State Government to make assessment;

(v) “Assessment Year” means the period beginning from the

first day of April and ending on the thirty first day of

March of the following year or part thereof;

(vi) “Assistant Mining Engineer” means Assistant Mining

Engineer of the Department of Mines and Geology,

Rajasthan having jurisdiction over the area, as may be

fixed by the Government, from time to time;

(vii) “Assistant Mining Engineer (vigilance)” means

Assistant Mining Engineer (vigilance) of the Department

of Mines and Geology, Rajasthan having jurisdiction

over the area, as may be fixed by the Government, from

time to time;

(viii) “Bajri” means weathered detritus consisting of graded

particles of varying sizes obtained from loose weathered

rock material from the provenance, usually found in

river beds or basins or paleo-channels also covers river

sands;

(ix) “Bid Security” means a security provided by a bidder for

securing the fulfillment of any obligation in terms of

provisions of the bidding document;

(x) “Boundary Pillar” means reinforced cement concrete or

cemented pillar of size having a base of 0.3m x 0.3m and

height 1.30m of which 0.7m shall be above ground level

and 0.6m below the ground, painted in yellow colour

and top ten centimeters in red colour by enamel paint.

Every pillar shall be marked with lease or licence

number and pillar number in black paint; (xi) “Brick earth” means earth used for making bricks,

kavelus, earthen pots or used for other identical

purposes;

(xii) “Brick Earth Permit” means a permit granted for specific

area and period for excavation and removal of brick

earth for making bricks for a particular brick kiln;

(xiii) “Building stone” means any rock or mineral which is used

as building or construction material;

(xiv) “Competent Authority” means the Government or any

other authority, authorized by the Government to

exercise the powers delegated under these rules;

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(xv) “Dead Rent” means the minimum guaranteed amount

payable for mining lease which is calculated as per the

area of the lease and revisable as provided in these rules;

(xvi) “Dealer” means any person who carries on the business

of buying, selling, storing, distributing or processing of

minerals, directly or otherwise for cash or for deferred

payment or for commission, remuneration or other

valuable consideration or uses minerals as a raw

material;

(xvii) “Department” means the Department of Mines and

Geology, Government of Rajasthan;

(xviii) “Departmental web Portal” means

mines.rajasthan.gov.in or any website used for exchange

of information electronically through information and

communication technology by the Government;

(xix) “Director” means the Director of Mines and Geology,

Rajasthan and includes Additional Director also;

(xx) “District Mineral Foundation Trust (DMFT)” means a

trust, established by the Government under section 9B of

the Act;

(xxi) “e-auction” means auction for grant of mining lease,

quarry licence, royalty collection contract, excess royalty

collection contract or for disposal of any seized mineral,

tool, equipment, vehicle or other machinery etc. through

electronic platform;

(xxii) "Environment" or "Environmental Pollution" shall have

the same meanings, as assigned to them in the

Environment (Protection) Act, 1986 (Central Act No. 29

of 1986);

(xxiii) “Excavation” means digging and/or collecting of minor

minerals from any land;

(xxiv) “Excess Royalty Collection Contract” means a contract

to collect royalty in excess of annual dead rent and any

other charges as may be specified in the contract, on

behalf of the Government for specified mineral

dispatched by the mining lessee, from the area specified

in the contract;

(xxv) "Family” means husband, wife and their dependent

children;

(xxvi) “Final mine closure plan” means a plan for the purpose

of decommissioning, reclamation and rehabilitation in

the mine, cluster or part thereof after cessation of mining

and mineral processing operations that has been prepared

in the manner specified and in the standard format as per


the guidelines issued by the Indian Bureau of Mines or

State Government;

(xxvii) “Financial Assurance” means the surety furnished by the

holder of mining lease or quarry licence, as the case may

be, to the competent authority so as to indemnify the

authorities against the reclamation and rehabilitation

cost;

(xxviii) “Forms” means forms appended to these rules;

(xxix) “Government” means the Government of Rajasthan;

(xxx) “Illegal Mining” means any prospecting or mining

operations undertaken by any person in any area without

holding any mineral concession, permit or any other

permission granted or permitted under these rules or

without any lawful authority, as the case may be.

Explanation: For the purpose of this clause,–

(a) violation of any rules, during

prospecting or mining operations in

any area under authority of valid

mineral concession, permit or any

other permission granted under these

rules shall not be considered as illegal

mining;

(b) any area granted under a mineral

concession, permit or any other

permission granted under these rules,

as the case may be, shall be

considered as an area held with lawful

authority by the holder of such lease,

licence or permit while determining

the extent of illegal mining; and

(c) any research work or field studies

carried out by teachers and students of

college as a part of their field

curriculum shall not be treated as

illegal mining.

(xxxi) “Mine Closure” means steps taken for reclamation,

rehabilitation measures taken in respect of a mine or part

thereof commencing from cessation of mining or

processing operations in a mine or part thereof;

(xxxii) “Mineral Concession” means a mining lease, quarry

licence or any other permission granted by competent

authority under these rules; (xxxiii) “Mines Foreman Grade I or Mines Foreman Grade II”

means Mines Foreman of the Department of Mines and

Geology, Rajasthan having jurisdiction over the area


fixed by the Mining Engineer, Mining Engineer

(Vigilance), Assistant Mining Engineer or Assistant

Mining Engineer (Vigilance), as the case may be, from

time to time;

(xxxiv) “Mining Approach Road” means a stretch of road

existing in the mining area constructed mainly for

mineral development and declared as such by the

Director, from time to time;

(xxxv) “Mining Engineer” means Mining Engineer of the

Department of Mines and Geology, Rajasthan having

jurisdiction over the area, as may be fixed by the

Government from time to time;

(xxxvi) “Mining Engineer (vigilance)” means Mining Engineer

(vigilance) of the Department of Mines and Geology,

Rajasthan having jurisdiction over the area, as may be

fixed by the Government, from time to time;

(xxxvii) "Mining Plan" means a mining plan prepared under

these rules and duly approved by the competent

authority for the development of minor mineral deposits

in the area concerned and includes simplified mining

scheme required to be submitted as per the provisions of

these rules;

(xxxviii)“Ordinary earth” means ordinary earth used for filling

or leveling purposes in construction of embankment of

dams, canals, roads, buildings, railways etc;

(xxxix) “Performance Security” means a security provided for

due observance of the performance of the mineral

concession or contract;

(xl) “Premium amount" means the amount payable as

premium under these rules by the applicant, bidder or

concession holder, as the case may be;

(xli) “Progressive mine closure plan” means a plan, for the

purpose of providing protective, reclamation and

rehabilitation measures in a mine or part thereof that has

been prepared in the manner specified and in the

standard format as per the guidelines issued by the

Indian Bureau of Mines or State Government;

(xlii) “Quarry Licence” means a licence granted under these

rules wherein a licensee is required to pay fixed annual

licence fee exclusive of royalty;

(xliii) “Rawanna” means the rawanna or e-rawanna duly issued

by the department or electronically generated from the

departmental web portal and includes any other system

notified by the Government for dispatch, consumption or


processing of mineral or overburden from a specified

area granted under any mineral concession or permit;

(xliv) “Royalty” means the charge payable to the Government

in respect of the ore or mineral excavated, consumed or

removed from any land granted under these rules as

specified in Schedule II;

(xlv) “Royalty Receipt” means the receipt issued for

collection of royalty and/or permit fee or any other

charges for mineral dispatch from area under Excess

Royalty Collection Contract or Royalty Collection

Contract on Check Post or Naka by the department

personnel or contractor duly authenticated or e-

authenticated by the department;

(xlvi) “Royalty collection contract” means a contract to collect

royalty with or without permit fees and any other

charges, as the case may be, on behalf of the

Government for specified mineral dispatched, by the

quarry licencee or permit holder, from the area specified

in the contract;

(xlvii) “Schedule” means the Schedule appended to these rules;

(xlviii) “Scheduled Areas” means Scheduled area of Rajasthan

as referred to in clause (1) of Article 244 of the

Constitution of India;

(xlix) “Scheduled Bank” means a Bank as defined in clause (e)

of section 2 of the Reserve Bank of India Act, 1934

(Central Act No. 2 of 1934);

(l) “Security Deposit” means a deposit provided for due

observance of the terms and conditions of the mineral

concession or contract;

(li) “Short Term Permit” means a permit granted under these

rules for excavation and removal of a specified quantity

of mineral from a specified area within a specified

period;

(lii) “State” means the State of Rajasthan;

(liii) “Superintending Mining Engineer” means

Superintending Mining Engineer of the Department of

Mines and Geology, Rajasthan having jurisdiction over

the area concerned, as may be fixed by the Government,

from time to time;

(liv) “Superintending Mining Engineer (vigilance)” means

Superintending Mining Engineer (vigilance) of the


jurisdiction over the area concerned as may be fixed by

the Government, from time to time;


(lv) “Surveyor or Senior Surveyor” means Surveyor of the


jurisdiction over the area as may be fixed by the Mining

Engineer, Mining Engineer (Vigilance), Assistant

Mining Engineer or Assistant Mining Engineer

(Vigilance), as the case may be, from time to time;

(lvi) “Tenant” means the tenant as defined in the Rajasthan

Tenancy Act, 1955 and includes agricultural worker and

village artisan; and

(lvii) “Transit Pass” means a pass including e-transit pass duly

issued by the Department or generated online, to the

lessee, stockist, trader, dealer etc. for lawful

transportation of royalty paid mineral.

(2) Words and expressions used but not defined in these rules shall have

the same meaning as assigned to them in the Act and rules made

thereunder unless and otherwise specifically clarified by the State

Government.

3. Repeal and savings.- The Rajasthan Minor Mineral

Concession Rules, 1986 are hereby repealed:

Provided that anything done or any action taken under the

provisions of the rules so repealed shall be deemed to have been done or

taken under the provisions of these rules.

CHAPTER II

RIGHTS OF EXISTING MINERAL CONCESSION HOLDERS

AND APPLICANTS

4. Rights of a holder of a prospecting licence to obtain a

mining lease.- (1) A holder of a prospecting licence granted prior to

commencement of these rules shall not have right of renewal but have

preferential rights for obtaining a mining lease in respect of that mineral

in that land, if the Government is satisfied that the licencee,-

(i) has undertaken prospecting operations to establish

mineral resources in such land;

(ii) has not committed any breach of the terms and

conditions of the prospecting licence;

(iii) is otherwise a fit person for being granted the mining

lease; and

(iv) undertakes to pay premium amount equal to two and half

times of the dead rent or as may be determined by the

Government from time to time, which shall be payable

every year in advance and shall not be adjusted against

dead rent or royalty:


the permit issued for one brick kiln shall not be used for

another brick kiln;

(vii) Where the quality of brick earth in area granted under

permit is not suitable for making bricks or mineral is

exhausted, in such case surrender of permit may be

accepted by the Mining Engineer or Assistant Mining

Engineer concerned if there are no dues against permit

holder;

(viii) The permit holder shall have the liberty at all times

during the period of the permit in respect of the land for

which permit is granted to enter upon the area and to

mine, bore, dig, drill, win work, stock, dress, process,

convert, carry away and dispose of the said mineral;

(ix) The permit holder shall confine his working within the

limits of the permit area and upto depth of two meters

from the surface;

(x) The permit holder shall not obstruct approach to the

adjoining leases, licences or permits. In case of any

dispute about the approach road, directions of the

Mining Engineer or Assistant Mining Engineer

concerned shall be final and binding;

(xi) The permit may be cancelled by the Mining Engineer or

Assistant Mining Engineer concerned if holder of a

permit commits any breach of terms and conditions of

the permit after giving a fifteen day notice with

forfeiture of the security deposit:

Provided that if the permit holder contravenes

any term and condition of the permit and after receiving

a fifteen day notice, complies the breaches after notice

period but before cancellation of the permit, then ten

percent of security deposit for every breach shall be

forfeited; and

(xii) Transfer of permit shall not be allowed.

(9) All existing permits granted under the Brick Earth Policy, 1994 shall

be deemed to have been granted under these rules.

CHAPTER X

OFFENCES, PENALTIES AND PROSECUTIONS

54. Illegal mining, transportation and storage of minerals.-

(1) No person shall undertake any prospecting or mining operations in

any area without holding any mineral concession, permit or any other

permission granted or permitted under these rules, as the case may be

and shall not dispatch mineral from the mines, except from the quarry

licenced area or bricks, without valid rawanna or transit pass.


(2) No person shall transport or store or cause to be transported or stored

any mineral otherwise than in accordance with the provisions of these

rules.

(3) Whoever contravenes the provisions of sub-rule (1) and (2) shall be

punished with imprisonment for a term which may extend to five years

or with fine which may extend to five lacs rupees, or with both:

Provided that the Additional Director Mines, Superintending

Mining Engineer, Superintending Mining Engineer(vigilance), Mining

Engineer, Mining Engineer (vigilance), Assistant Mining Engineer,

Assistant Mining Engineer (vigilance), Mines Foreman, Surveyor or any

other officer or official authorised by the Government, Director or

Additional Director Mines may either before or after the institution of the

prosecution, compound the offence committed in contravention of the

sub-rule (1) and (2) on payment of cost of mineral and compound fee as

mentioned below:-

S.N Vehicle/Equipment Compound fee (in Rs.) per unit

1 2 3

1. Tractor trolley Twenty five thousand

2. Half Body Truck Fifty thousand

3. Full Body Truck, Dumpers, Trolla, Wire

saw, crane, excavator, loader, power

hammer, compressor, drilling machine etc.

One lacs

Note: Cost of the mineral shall be taken as ten times of royalty in lieu of

rent, royalty, compensation for environmental degradation and tax

chargeable on the land occupied without lawful authority, etc..

Provided that the amount of compound fee in cases other than

specified as above shall not be less than rupees twenty thousand and shall

be in addition to the cost of mineral.

(4) Where any person trespasses on any land in contravention of the

provisions of sub-rule (1), such trespasser may be served with an order of

eviction by the Additional Director Mines, Superintending Mining

Engineer, Superintending Mining Engineer (vigilance), Mining Engineer,

Mining Engineer (vigilance), Assistant Mining Engineer, Assistant

Mining Engineer (vigilance), District Collector, Sub-Divisional Officer,

Tehsildar, Deputy Conservator of Forest (in forest land), Assistant

Conservator of Forest (in forest land), Regional Forest Officer (in forest

land), Revenue Intelligence Officer of State Directorate of Revenue

Intelligence (SDRI), Mines Foreman, Surveyor or any other officer or

official authorised by the Government, Director or Additional Director

Mines in this behalf.

(5) Whenever any person, without a lawful authority, raises any mineral

from any land other than under any mineral concession or any other

permission and for that purpose bring on the land any tool, equipment,

vehicle or other thing, such tool, equipment, vehicle etc. along with


mineral, if any, may be seized by the authorities mentioned in sub-rule

(4) who shall give a receipt to the person from whose possession the

property or mineral is seized:

Provided that every officer seizing any property or mineral under

this rule may handover the property or mineral so seized to the nearest

police station or police chauki.

Provided further that the seized vehicle, equipment or mineral

may be released after deposition of cost of mineral along with the

compound fees as specified in sub-rule (3).

Provided also that where mineral so raised has already been

dispatched or consumed, the authorities mentioned in sub-rule (3) shall

recover cost of mineral along with the compound fees as specified in

sub-rule (3).

Provided also that where vehicle, equipment or mineral so seized

is not released, the officer seizing the property or mineral shall make a

report of such seizure within seventy two hours to his superior officer

and to the Magistrate having jurisdiction.

(6) All property seized under this rule shall be liable to be confiscated by

an order of Magistrate if the amount equal to ten times of royalty in lieu

of cost of mineral, rent, royalty, compensation for environmental

degradation and tax chargeable on the land occupied without lawful

authority, etc. is not paid by the trespasser within a period of three

months from the date of commission of such offence or when the

recoveries are not affected by that time:

Provided that on payment of these dues within the said period of

three months, all properties seized shall be ordered to be released and

shall be handed over to the trespasser or the owner of the property.

(7) Where the person committing an offence under these rules is a

company registered under Companies Act, every person who at the time

when the offence was committed, was incharge and was responsible to

the company for conduct of the business of the company, shall be

deemed to be guilty of the offence and shall be liable to be prosecuted

and punished accordingly:

(8) The mines, revenue, police and transport department shall made co-

ordinated efforts to vigil illegal mining or transportation of the mineral.

55. Contravention of certain conditions of lease.- Any lessee,

his transferee or his assignee breaches any condition of the lease

mentioned in clause (x) of sub-rule (1) of rule 28 and/or clause (iv) of

sub-rule (2) of rule 28 shall be punished with imprisonment for a term

which may extend to one year or with fine which may extend to rupees

five thousand or both. In case of continuous contravention, the additional

fine upto five hundred rupees for every day during which such

contravention continues after conviction for the first such contravention

shall be imposed.


56. Offence cognizable only on written complaint.- No court

shall take cognizance of any offence punishable under these rules except

upon a complaint in writing made by the authorities mentioned in sub-

rule (4) of rule 54:

Provided that Mines Forman or Surveyor shall obtain approval

of the Mining Engineer or Assistant Mining Engineer concerned before

filing any complaint.

57. Role of police.- The authorities empowered to take action

under rule 54 and rule 60 may request in writing for the help of the

police and the police authorities shall render such assistance, as may be

necessary, to enable the officer or official to exercise the powers

conferred on them by these rules to stop illegal mining and the illegal

movement of minerals. In case of theft of mineral, First Information

Report shall be lodged in the respective police station under relevant

section of the Indian Penal Code, 1860.

58. Investigation of offences.- (1) Subject to such conditions as

may be specified, authorities as mentioned in sub-rule (4) of rule 54 shall

investigate all or any of the offences punishable under these rules.

(2) Every officer so authorised shall in the conduct of such

investigations, exercise the powers conferred by the Code of Criminal

Procedure, 1973, upon an officer in-charge of a police station for the

investigation of a cognizable offence.

59. Power to take evidence on oath.- The assessing authority or

investigating officer as mentioned in sub-rule (4) of rule 54 and the

appellate authority shall for the purpose of these rules have the same

powers as are vested in a court under the Code of Civil Procedure, 1908,

when trying a suit in respect of the following matters namely:-

(i) Enforcing the attendance of any person and examining

him on oath or affirmation;

(ii) Compelling production of documents; and

(iii) Issuing commission for examination of witnesses and

any proceedings before the appellate authority, the

assessing authority and investigating officer shall be

deemed to be a "Judicial Proceedings" within the

meaning of section 193, 196 and 228 of the Indian Penal

Code, 1860.

60. Establishment of check posts or barriers and inspection

of minerals in transit and weighment.- (1) To prevent or check the

evasion of royalty, the Mining Engineer or Assistant Mining Engineer

concerned may direct to establish check post or barrier at such place and

for such period as may be specified in the order.

(2) The Director, Additional Director Mines, Superintending Mining

Engineer, Mining Engineer, Mining Engineer (vigilance), Assistant

Mining Engineer, Assistant Mining Engineer (vigilance), Mines

Foreman, Surveyor, Field Assistant, Nakedar or any other officer or


official authorised by the State Government, Director or Additional

Director Mines may check a vehicle carrying the mineral at any place

and the owner or the person in charge of the vehicle shall furnish a valid

rawanna or transit pass or royalty receipt duly authenticated by the

department in the specified form and any other documents or particulars

as demanded by such officer.

(3) At every check post or barrier set up under sub-rule (1) or at any

other place when so required by the officer incharge of the check post or

officers or officials empowered in sub-rule (2), the owner or any 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 officer in charge of the check post or

such officer to examine the minerals in transit and also inspect all records

relating to the minerals in possession of such owner or other person. The

owner or person incharge of the vehicle shall, if so required by the

officer in charge of the check post or any other officer, so empowered

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 officer incharge of the check post or such

officer shall put his signature on the rawanna, transit pass or royalty

receipt so as to avoid any further checking at another check post.

(4) Every owner or person incharge of a vehicle shall carry with him a

valid rawanna, transit pass or royalty receipt duly authenticated by the

department in respect of the mineral carried and shall produce the same

before any officer incharge of a check post or other officer or official

empowered under sub-rule (2).

Explanation: Mineral shall not cease to be mineral by reason of being

subjected to any process like crushing, breaking, drying,

pulverizing, calcinising or any other procedure intended to

make the mineral fit or suitable for sale or consumption.

(5) Where the officer incharge of the check post or any other officer or

official empowered under sub-rule (2) above has a reason to believe that

royalty is likely to be evaded in respect of any mineral liable to be

assessed for royalty, such officer may require the owner or person

incharge of the vehicle to pay an amount equal to ten times of royalty in

lieu of cost of mineral, rent, royalty, compensation for environmental

degradation and tax chargeable on the land occupied without lawful

authority, etc. along with compounding fee as specified in sub-rule (3) of

rule 54:

Provided that where on weighment or by measurement at the

check post, it is found that the entire quantity of mineral is not covered

by the rawanna, the amount of royalty on such difference, shall be

recovered by the officer incharge of the check-post.


(6) The officer incharge of the check post or the officer or official

empowered under sub-rule (2) shall have the power to seize and

confiscate mineral alongwith vehicle which is not covered by a valid

rawanna, transit pass or royalty receipt duly authenticated by the

department, if the owner or person incharge of the vehicle refused to

make payment as required under sub-rule (5), the seized vehicle

alongwith mineral shall be handed over to the incharge of nearest Police

Station, Police Chauki or departmental check post. The officer incharge

of the check post or any officer or official empowered in this behalf shall

give a receipt of such mineral alongwith vehicle seized by him to the

person from whose possession or control it is seized. The officer

incharge of the check post or any officer or official empowered under

sub-rule (2) may direct the owner or person incharge of the vehicle to

carry the vehicle alongwith mineral, so seized, to the nearest Police

Station, Police Chauki or departmental check post.

(7) Whenever an order of confiscation in respect of mineral alongwith

vehicle seized under sub-rule (6) is made by an officer or official

empowered by the Government in this behalf, such officer shall give an

option to the owner or incharge of the vehicle to pay an amount as

specified in sub-rule (5) in lieu of such confiscation. In case of failure of

the owner or person incharge of the vehicle to avail such option, the

confiscated material may be disposed off by the confiscating officer or

any other officer authorised in this behalf by public auction or he may

sell it directly at the rate prevalent in the adjacent area:

Provided that no such mineral alongwith vehicle confiscated

under sub-rule (6) shall be disposed off by the confiscating officer or any

other officer authorized in this behalf before forty eight hours of such

confiscation and till that time option shall remain with the owner or

person incharge of the vehicle to carry the mineral after paying an

amount as per sub-rule (5).

(8) The Director may authorize any electronic weigh bridges established

in the State by third parties for weighment of mineral, on such conditions

as may be specified.

(9) The mineral concession holder or registered weigh bridge owner shall

allow authorities mentioned in sub-rule (4) of rule 54 at any time or

times during the said term to examine and test every weighting machine

and the weights used therewith in order to ascertain whether the same

respectively are correct and in good repair and order and if any

ambiguity is found, the same shall be rectified by the mineral concession

holder or registered weigh bridge owner.

61. Powers of entry, inspection of records and seizure of

books of accounts of a dealer or assessee.- (1) An assessing authority

or investigating officer not below the rank of Assistant Mining Engineer

or Revenue Intelligence Officer of the State Directorate of Revenue

Intelligence or any other officer or official authorized by the Government

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