LexThe Odisha Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988
Odisha · state statute
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The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful
Activities) Act, 1988
Act 23 of 1989
Keyword(s):
Minerals, Theft, Smuggling
1'tlR ORlSSA MINERALS (I'REVli;N'I'lON OI; TI 1 l<F'F, !,. ShIUGGT,WG ANt? I'1T'Il TU
UNLAWFUL AC]'lVITIKS ACI. 1988
I. Short title, extent and comrnencemcnt
.- ..
2. llcfi~~ilii~~is
3. Ar.\ \ntt dl ailply ttr ce1.1ni11 Ill:!llrr!.
--.
4. Resttictian on possession storage etc. of minerals
i I It.
GI ~lccllal ior) r,r SUSJIZI~S~~II of PCI 111il
hppr~l
Pinnlily or n1,tlcrs
Penally
OlTeliccs by Con~parlies
Cog~~imtlcc or on'el~rc
Co~lipuu riding uT oTCe11~x ('
Seizure uf pl.opcr\g linble to ma0smLiul1
Power to relase properly scized UI~ bulid
Puwcr ur cn~ry, starch, scixurc, elc.
Action al'tcr scizurc ... r
Minernfh, LI)L,~s (?LC., liable tu WI~(~S~\~VU by Courts
Lliupusal or~i~ii~erals uli wucllrsiol~ r)K Liial
l'roadure rvllcla ull'ol~rlcr is not k~lo~vu 111. mtl11o1 bc round
23. Appeal T01.m ordurs t~ndcr smtiurls 20.21 or 22
24. Properly wl~en to yest in Ciovcrnitlcnl
25. Sxvinp, of power to rclwic pr~pcrly seized
26. ConRsmtiorl to be nu hrr 14) i~lll~usiliu II or utlrer ~CIIRI~Y -
27. Ibwcr Lo nrrest ~nd detain
28. l'uwer lu relerlse a llcrsorl 011 bud
1 29. hut l~uriaeci yersol~s iu bc public Serve ats
ORISSA ACT 23 OF 1989
I[ THE ORTSSA MINERALS (PREVENTION OF TmFT, SMUGGLING
AND OTHER UNLAWFUL ACTIVITlES ) ACT, 1988 ]
[Received tltc ussent of the Pres;del:~ 011 he 6f 11 Nora~lbcr, 1989 first pirb liscd
in an Extraodinary isare of rhc Orissa Gazitc dared the 39rl1 Norenrber 19891
AN ACT TO PROVIDE FOK THE PREVENTION OF THEFT, SMUGGLING AND OTHER
UNLAWFUL ACTIVITIES 1h RELATIDN TO MINERALS IN THE STAIR
AND FOR MATIERS CONNECTED THBREWITH OR
ANCILLARY OR INCIDENTAL THERETO
Be it enacted by the Legislature. of the Sbte of Orissa in the Forticth Year
of the Republic of Indja, as follows :-
Short,tllle, 1.. (I) This Act may bc ~]led the Orissa Minerals (Preventiofi of Thcftl
exlent and Smuggling and other Unla~ful Activities) Act, 1989.
commence-
ment.
(23 It shall extcnd to the whole of thc State of Orissa.
, (3) It shall come into form on such date as the State Government, may by
"otifimtion ,in the oacial Gazette, appoint.
Definilions. 2. In this Act, unless the context, ,otherwise requires,-
(a I "Competent Authority" mcans a Competent Authority appointed under
section 5 ;
(b "Government" means the Statc Government of Orissa ;
(GI "Licence" means a licence granted under section 6 ;
Acl not to
.appiy. to
,&n,
.I
matters.
( d) " Minerals" means minerals as defined in thc Mincg and Minerals
.( Regulation and Development ) Act, 1957 and includes prccious, sfmi- 67 195, prcc~ous and uncut stonfi and does not inclrrde minor minerals as defined
under cluse (e) of section 3 of ihe Mines and Mincrals ( Regulation and
DcveIopment ) Act, 1957 ;
.I '
(e) " Permit" mcans a permit granted uuder scction 8 ;
( f ) " Prescribed" mans presclibed by rules ; .
(g ) "'Rules " means rules made by the Government under this A&
3. Nothing contained in this Act shall apply to-
,(i) posscsuion, storage, selling, trading in or othcrwisc dealing with any
mineral ;
Iiil transport! og or removing of any mineral from one placc to other, wherc
such possession, storage, sehng, trading, transporling or removing of
minerals is govcrned .by any law made- by, the Parliament on the subject
for the time being in for=.
-
1. For~eleet Commlltec rcport see, OrriFSu Gazelle Bxlraordinaty, dated the 4Lh March, 1989
(No. 3641.
2. Cane into, wich lbc 20th May. 1990 vido Orisso Garcfte E~traordinaryl dated he 15th May
1990 (NO. 636).
THE OR[ ;SA ,WtYBR,jLS. (PRE~$N.TOIN OF THEEV, SMUGGLING AND
OTHER (UNLAWFUL ACTIVITIES) ACT, 1988
. .
>
. -. . ,. . ,
. .. . ,! ,- , , , ,[Orissa .Act, -23, .of H89k : . . . i- . . . - ; , (S~CS.'~C~O) i :? !.
&z+trilion on
posscssi on, . 4. No person shall- . . ". - ,.
~toragC~2L-c; ,o - * . . .. ! .,., 1.
of doefa!+ , . (il PJSICSS, stpre, scll, tradein or dthcrwisc , drill,. with any mineral, CXCC~~ "
uader arid in jrxlGidance with 'the terms and conditions of a licenw ; or
...., . . ,,
:.. < .;-, :.+<;- - Tr 11) trlnsport or rembye .any miheral, from any place cxccpt under and in
"' . awrdance . with. the! terms and .condi.t~ons oT a pcrm~t.
., , .. .. .
, . . .
A~pointmenl 5. The ~overnrn&t may, by notification- of Competcnr
AuthpriW. . -: . (i) appoint si many' &wrs of ihc !dining & Geology ~efia~tment as may
be required, to be the Compctcnt Authorities ; and . "
,:. ,I - . ,. , .. (iil define the Iocal limits within which the Competent Authodtics shau sexesisc
- . their ju~isdiction ; -,. , 1 .\.. - ... ;I, ':
_ .. . , . ,!,,, .'>
, . . .
for the ,gurposes of this Act. .\
Grant of
Licence. 6. (11 Any person who wishes to posscss, storc, sell, trade in or otherwise deal
.J. . ,. - . , . . ... , ,: .: . ~ifh any..mineral shall make an appliation lo thc Competent Authority for a licence.
, j , ., ,:I' ;)I , , -
(2) Every lppliedtion under sub-section (1) shall be bade in such form and
accompanied by such fcc ' ,- as may bc prescribed. , . . ., ,. .,, .
.- I ,. ,.....
(3) On receipt of an applimtion under sub-section 11) the Competent Authority
.. ,. within -thc prescribed time may grant 'a., licenoe'.in ,such form; for such period and
subject to such terms and conditions as may be prescribed or may refuse to grant
the liceace in which mse he shallcommunicate the reason of such refusal to the
person concerned.
, , . I I I, .. .!. .
I .I
Rescission of 7. The Competent Authority may, al any time during the currency of a licence
and after, giving an opportunity of being hcard . to the li~asw~ -rescind the licence
by an order'in writing communibted to the licenscc for brmch of any of the terms
and conditions of the licence.
, . -, -
.. -
I', I.
. ' ..b
. ,
r.r: . rl -&;nt4of 8.: (I) -Any peison ,who &shes8.to transport of car& away any mineral korn
peiririr. .... . ady, place shall make, an appliFion, to the Compclcnt Authority for a pcrmit.
:(L ,I,. 4 ! m , , I1
I'
(2] Every application under isub4cction (11; shall be mdc in such form and
by such fee as may be prescribed. ,
-,,,.!'J. , , , ' ,., .
(31 On receipt of an applicttion under sub-seclion It), thc ,Competent Authority
within the prescribed +time - -may giant a permit in such form: for such pcriad and
subjecl to such lcrrns and conditions as may be ,.prc.scribed or refuse to @ant thc
:-, :. .;!gcr.@it in .which case he sllaU communikte the. acasons ,of 'such rcfusd to the person -.*- -
concerned.
: .: . -,, i,.!r , i4' ,., . . ' !:: . if' . . a,: 4 .,. ;:, *
(4) ~otwj tllna'iding anytlliry contained in thin scdion, the Competent AutEqlily
,. . ;. . :, :Spay, bc.;qrd?r 1s writiqg, prohibit transportation of any. or, all minerals in anyi:<&a .. . ..I
- " diiiing any particular pcriad 6r hours *of day and,. night. . - . ,2 i, 1,:
~aq~J{ation 9. The Compete,nt Authority may at any time,*dudn4 tky currency of a permit
,':,;~ump,i~n and drier giving' an opparg'nity d bcind llcard Lo thc permit-holdel, unccl or
: of .ke*t.l' suspcnd 'the f pcrmit .'by an qrdcr in writi* dtimmunip~cd -to tbc pcrmit-holder for
:". ~j.!, ; abrcathl bf any of thb rermi Lnd oonditiohiJ of the pkrrnit.',::; ::-. 1 1:1 .jIil.;fj .mi,,
-~pwl - . 10. (1) Any pcrson aggrieved by an order of the -CompetenCA-uthority under
!ub-section (3) of section 6, section ;7, ,sub-section (31, o%,section 8, ,ior section 9 may,
!'-!v' '; : '. : withh 'kixty a day? 'riOii -'the -da(e of 'cbmiiuiia;lti6n of' thc,,re!eyqnt ordcr. prefer an
appeal to an authority appointed, by,> tlff Goyernment , (hercinafiq r~fared to as th
.: :r, 111. I ;!;- Appellate, Authority) :in -%tbe-'presdribed. .Fbrni~ bbd - manbci: :.;.!ici -- . LI ."J .
THE OgpA MIljZRhLI,(PREV âŽN.IO&,OF, THEF&SWGGLING AND ',')>I],! ;j ;>I L ; , /.+<:I3 ti?
- *- "'p~p~n u~~~wpq+:~<~iv~j~~~ ACT. lgsd ':;..(!! .'y, , # , , , , , -!r'lf,
''[bfisi,~ A& 23' of l98ajL'
I. -I
. .,, (~eis; 1 I -1 S) ' 1
(2) 011 rc:~ipt ol' an appqtl; r~ndzr :uib-~~c.ction (I). lhr AppelluLc Aulliurily \l~nll.
af~er giving thc apprllzlnt ail opp~,rtunity or b4ng. Ileard Cisppse. o[,lhe appc~!, k\gh:f
,., . , , ..A. .#).I, ' sucli: pclidd as nny bc prcscribcd. . . , I .: h 1 , (:'! ,;, .I ; 1;;:;1 a.'lf:; ?.; yncPC\q . ,::, . -. ., ,,-.,.-, 0) d2ail
. . (3) The -App~llatc Authority may' -ellfirr~aid ' tl;e appcn l:@ft'ei"Sl!p!ry",hf .tWpeiiid
" 'or sixty days if the nppcll;~nt ssiis6cs tlie Appellate Aitho(iJy a.L, Iha$$e; ,;\bJls prcvcllted
by sufficient cause lrom filing the appeal iu Lime.
, - ,.
-. ....,.. ,:' '\
Finality of '- 11. Except as provided irt section 29, an ol der p;d$cd by:)lie. Cqmpetcnt Aut h-
Orders. ority updcr sub-seclicn (3) or scctio~~ 6, sect ion 7, si~hlsccti~ii ,,(3):.li;f' :scctioi~ S or
, . " ,
. section 9 shall subjcct -tor1 :,. thel . ,. ordcrs passed in appcal~un~gj~ .. s~~~ien ,.. .. 'lo? '.,., bc final.
, ,. . . 12. (1 1 Whoever rails' to con~ply willl or coulraverles any: of fl~e:; provisions of
. I .- . this act OF the rules shtlll, ;ion-. conyictiuu,. 6c ,punishnblv with .,irigdftionn~~nl for
a term which may extent to Iwo ycars or will1 finc which ma$ :~lcnd to Leu
thousand rupces or wit11 both. -. -.-I . . . , , . . . .IT 1?1
: . (21 lf the ,fa& or contravc<tioo
.'' ttic date of convict~on, tIlc .cfkndcr shall be ';r ',,
twq hunareg, rupees for ,tach day of such . .
'1 ,i.i,?li,: cl! L, iii
(3) OKcnc~s unoer this Act sl~illl be cognibble and'nori-bailabh.
. A ..
' I,' ;:t., '- {I'
OEC~CCS by ' 13. (~)'Whkrc any a~cn&, .under thii Adb'h:lr , hcco c6mmittcd' bv a company
companies. Every penon wl~o, at tho rime thc offence was commillcd, ivari"iii"dLIrgc of, and
, .,-,, ,. , , ,. , :,;was rcsponslblc to, the .company,,for ;the ;;,cpnduct:-, pFj !lie liQuaess or the cornpa-
ny as wrli as the company, sli+ll bc:. duemed to . .bq, &q!ky of thc offcncc and
shall bc liablc to be proceedcd against and punisIied aaordingly :
.. . : ., -
!i
'l;:t,.l, : ,; , is'!)
.-, ' , ~;,oviacd .that nothing ,contnipcd in; tI$s ' seclibn. sha~:.m,ndcr any suclt person
liable to any punishment 'if hc proves tliat tk~ uffe,?~, .;Y~S curnmlilcd willlout
his knowcldgc or that hc exercised all due dellrgence to prevcnl thc comnlissiori of . .. . . such ag oqcnce., ,, ,,,.. , -,(!, ,:I , , ,,:,,::;, , (:(,, .cm ,I, , : ,, !
(2) Notwilhstanding anything contained in sub-section (I), Wherc an on'cuce
::.:I!,, . r,m~~~nder-thisrActjha~.bcen,commiited ,and it is :pioved that,,U.ief$lfencc has beeu
, .
! ., 1 :, , .tI co&itted with .the consent or iconvinancc ofoi.is atliibutable to;:.any;~~glcct thc
. ,
. ,. , ; part .of any Director, Maaager, . Secretary or : other '08m of: .t,be. company, huch
, . . , .,. :,I . .. Directgr; ~Ma'oager, Secreta~y ',or utber Qfficzr .shall ' also .be . dcemcd :,h bc guilt) . .. ,m.2i,::,; ,*# of..,that offence, and Ishall .be liablc .tc bc proueedcdl ,;;ilg;li .st, gad punishcd .,. . . .; .. -:I:.; :, amrding1yl.i , :-, .! ,; ,I 1 -.;., ,:. z;ii;~i~i~($l 3 -
#:I:. '1; ,i ,:YIfd,'; ,it( '( ~~;?,;-?YJI[
Explanflfl~-For the puroosk!s '$:illis sectlo n,-
.. . ,,, ,,:, I; .,,A. -
(a): "C6rnpany" mdris any ,body. bipbiate .,an! ,":5nclii'dds:& rm or other
: ; i 1 : : - :~.&~~~i~[id~Jbf indivjsunls;-,'and -1,'. - ,;i n;2~k,;, ,*IF,, ;, j i,, . . , - , . !:;:,,, -!yjid ,:;i ,;[ii;,.,,,: ,IN,,:, :- I - 1. . : ,,-. ,:. :... , , .j.;, : ! , . ;i!, ,./I :;;:r~;i:-::)
(b) "Director" in relation to a 6rm. means a partncr ini,l.l$ql,Lm
14. No Court shall take cognuance of any o%ence pun~shabIc under this Act
@%%> a complai& iu wfi(ing *aoe by- : , i id,J ::r:J, {y)
,- -- - .,
'.I J.. . I,, 'Id(,, ,li,l. ' , ,. I I. -1 ,; :- <,I :1j ,,,[i;,. ,. ;,! r.!:;
- .. : , , , . . , ! . .(=). a~oli~. OkFr below ke rqnk ot , SF b-lpip:itor.; j~r,: ;abL - ..A'.,
,h:,~~i -v6,,b. ,
'(bj any 6e;;ersoii iuihoribcd:~Tn !this :,~ih~f;b$ ' [hei,&;di;d' "$1
I:I -1 ,; . : : I : , ! ! : . . !J-;(&: ].>I)" , ;;;A> ,!., !{:llJp[i~ jL;[J2
~ompou- IS. Any offencc punishable llndcr (his Act may. ei~ her BGothridr after the
ins[itution of. tlle prosecution be, qrnpoundc? by the Ccmptcnt Aulhorily on "d!?. Of,, [ , , , , , . . - ORQ ct. pay&eriil df-lsu'C~'y~~m 'as1 shf2I-i Ah thb;$itytmriy 8d~ermin<!.a'~d:;:b~p~~~eni tllercuf-
.!,,[, :: &; , ,!el a:ir$i);;,,!;c,(i,, ,,,; l~id
(a) no fhrther proceedings shall be commcnccd hganst such person or properly,
'3 , ,.' . -- 1,. .: f. ,- -1
. . . ,; - ..., , m. . ,. "- '-.I fbcif - " suck ::&$: pro&edih%s, proockdingS-' shall: havk -hot aI$?dy:'ecn be firthcr, pr0&2~ei3;fwit@;:ji&~~~ canimen&d'Ta&inst suc1PfPib;n hi% C-
:I i . ..,ii , . . . 1' . ,.I . . : - , , . , : A. , J P~W~)O
0 (- , ,J:.: ': (e) tho .lawused pr'soni if in custody. i,rball ,'dirli~igedisand;ifi~c bfdm
.; I, ,i!:,i i,~:,i L:: i.seiicdlrsliall, ~rr IS .not to ':h so. rctqined, ,he, !dwCfli , I!rrj,.,h.i
-a-
THE ORISSA MINERALS ( PREVENTION OF THEFT. SMUGGLJMO
AND OTHER UNLAWFUL ACTIVm ) ACT, 1989
[ Orissa Act 23 of 1889 1
.mot 16. (I) Whcn thcre is reason to believe that an offence has bccn committed in respect
PkqBsrl~ of any mincrel, such mineral, together with all tools, vehicles or other conveyance
zzdm p.uled in committing any such offence may bc seized by any oficer authorised by thcs
Qovernment in that bchalf (heleinafter ~eferred to as the Authorised Officer) or
a Police Ofimr.
(21 Every Ofiwr scjzing any property undu this section shall place on such
proprty a mark in such manner as may bc prcscribcd, indicating that the same
has been so seized and shall as soon as may be, except where the offender
,agrees in writing to get the Offencc: cornpoandcd, either produoe the property
seized before the Competent Authority or make a report 'of such seizuer to the
Magidrate having J~risdiction to try the offience on account of which the sejme
ha8 km made.
(3) Where any mineral seized under sub-section (I) is produced before the
Competent Authority under subsection (2) and he is satisfied that an offence bas
ken committed in respect thereof, ' he may order codscation of the * mineral so
seized and produd, together with the tools, vehicles or other conveyances used
in committing such offence.
(4) No order confiscating any property shaIl be made ~det suMection (3) unless
tfre person from whom the property is seized is given-
(a) a notice in writing informing him of the grounds on which it is proposed
to confimb such property ;
(b) an opportunity of making a representation in writing within such reasonable
time as may be specified in .- the notice against the grounds for codsca-
6rration ; and
(c) a reasonable opportunity of being heard in the matter.
45) Without prejudice to the provisions of subsection (4) no order of confiscation
under sub-section (3) of any tool, vehicIe or other conveyance shall be made if
the owner thereof proves to the satisfaction of Competent Authority that it
hs used without his knowledge or, connivance or the knowledge or connivance
of bis agent, If any, or the person incharge of the tool, vehicle or other conveyance
. in committing the offence and ther each of them had taken all msoaable and
msary prautions against such use.
-(6) The property set& under this section shall bc kept in the custody
of the authorised oFcer or with any third :party until the compensation for comp-
ounding the offence IS paid or until an order of the Magistrate dir~ting its disposal
is rmived.
-,
(7) Any Officer above the rank of the Competent Authority empower@
by the Government in this behalf by notification, may, within thirty days from the
date or'the order of confiscalion by the Competent Authority under sub-section (3),
on an application call for and examine the remrds of the case and may make
such enquiry or -use such enquiry to be made and pass such order as he may
think fir:
Provided that no order prejudicial to any person shall be passed without .giving
htm an opportunity of being heard.
17. The Competent Authority, who has seized any tools, .-veaicles or other
conveyancesunder section 16 and where a report of such seizure has been made
to the Magistrate under sub-section (2) of that saction, may release the same on
the,execution by the owner thereof a bond for the production of the property so
released, if and when so required, before the Magistrate having jurisdiction to try
the offenoe on account of such seizure has been made.
THE ~~SSA' MINERALS,'( PREVENT~ON OF' THEFT, 'SMUGQLING
AND OTHER-UNL A WFUL ACTIVITIES ,ACT, 1988
' -, ,
[Orissa Act 23 of Ig8~ ]
' (~ecs; I 8-22 1
Powers of -
entry, ., '' 18. The Ccmpetent Authority or any other officers aulhorised by the State
seizurc a=. -'Government in Lllis behali may with such assistance, if any, as he thinks fit,-
,..
(a) search any persdn if-' Ke has the. teason to, believe that such person is
carrying minerals in contravention of the provision of the Act or ruIes
made thereunder ;
(b) require the owner, occuiier or any other person inchalge of any place.
premises, vehiclc or vessel or o'ther conveyances in which be has reason
to believe that any contravention of any of thc provisions of this Act or
of the conditions of any licence or permit issucd thereundcr has been,
is king or is about 'to be committed to picaucc any books,'accounts i3r
other documents showing transactions relaring to such contravcntioii;
(c) enter, inspect br break open and sekrch any place or premises, vehicles or
vessels or other convcwnces in which He has reason to believe that any
contravention of any of the provisions of thii Act or of the conditions
of any licence of pcrmit issued thereunder has been. is being or is about
to be comm~tted ;
. . '
id) seize any documehis pr lake ai cause' to, be take*, ex'tracts from or
copies' of any documents showing transactions relatihe to such cdntraven-
tions which are produced before him ; and
le, search, seize and remove the stock minerals and the adima~s, vehicles,
vessels or other conveyances used in carrying tIic .said minerals in
contravention of the provisions of this Act or of the conditions of the
licence or permit issued thereunder and thereafter take or authorire the
taking if all measures necessary fot securing thc produclicn of s t c ks of
minerals and the animals, vebicles, vessels or other conveyances so
seized in a court, and for their safe custody pending such production.
Action
, i9. Upon receipt of, any repoit yndei . sub-section (21 of sectioIl 16.- the eeuure. Magistrate shall, except wherc the offence has been compounded. with all conveniekt
despatch, take such measures as may;:be"nccessary for the arrest and trial of the
offender and the disposal of the property acdordin,g to Iaw.
Minerals, 20. The mineral which are the property of Govcrnment and in respect of which
:gy; ;: anoffence has been urmmitted, and all tools, vehicles and other CanveyanNs used
macation in committing the offence, shall be liable to contiscation unless an order of
by Courts. wnriscation has already been passed in respect thereof under scction 16.
~i~~~~~l of 21. -When the trial of any offen& is concluded, the mineral In rehpect or which
minemts on such ofTence has been commilted shall. if it is the property of ' Govenrnent or has
conclusion been wnficated, be taken in charge of by the Competent Authority, and in any
Oftrial. other case. may,'bedisposed otinsuch mamanneras thecourt maydirect.
Roccdure 23. Where the Magistrate is of the opinion that an offence was coniniitted, buJ
when !, theoffenderis not knownorannot befound,he niay on an appliationmade in
Oaender is this ,behaIf, order the property in respect of which the offence was committed and noL known
or be which was skized to be codisdated and taken possession of by or under the autho-
found. rity of the Competent Authorityl or to be made over to any person, whom the
Megistrate considers to be entitled to- the same. :
Provided that before making any such order, the Magistrate shaU cauie a notice
of any application made under this section lo be served upon any person who, he
has reason to believe, is interested in llic propeity seized, or shall publish such
notice in such inamer as he thihks fit :
, . . I
-' Provided further that no hc-h order ,shall -be - made until the e'xpi&jn bf one
month from the datk of St~zing sukh properly, or without hearing the pirs6n, if any,
claiming any right thereto, and ihe evidenui, if any, which he hay' piroduce in
support of his claim.
THE! ORISSA,:MINERALS .(p&EVENTION . OP, THEFT, SMUGGLING).,.
AND'OTHJZR UNLAWFUL 'ACTIV~~S)'ACT, 1988'
[Orissa Act 23 of 19891
(~ecsi 23-30)
Apml from
ordefl 23. The Officer, who made the seizure under section 16 or any person claiming
~~~~:oa to be interested in the property so seized, may, withinone month from the date of
any order passe 1 under section 20, section 21 or section 22, prefer an appeal to the
Court to which o: le r made by such Magistrate are- .ordinarily appealable and the
order passed on such ppeaI shalI be final. , . ,
Property
I when ro 24. (1) When an order far con6scation of any property has been passed under
!
' in section 20 or section 22, as the case may be, and the period lim~ted by setion 23
aovernmentm for fling an, appeal horn such order has elapsed, and no such appeal has been
preferred or when, on such an appeal being preferred, the appellate Court confirms
such order in reset of the whole or a portion of such property, such property or
such portion'thereof, as the, Gas? may be, shall vest in the"Government free from all
encumbrances. ,
, ,
(2) When an order of confiscation of any property passed under section 16 has
become final under that section ,in respect of the whole or ,.any portion ..of the
property,such property or the portion ,thereof, as the case may be,-shall vest in
lhe Government frm from all encumbrances.
Of 25. Nothing in this Act, shall be deemed to prevent the ' Compet$ot Authority pwcr to re~ease pro- from directing at any time the immediate relase of any property seize under section
perty seized. 16 and, the withdrawal of any charge made in respect of such property in accor- 1941m dance with provisions 'of section 321 of the Code of Criminal Procedure. 1973 :
Provided that where a reboit hab been 'mad6 'to the ~a~istraie of the property
seized under section 16, the Competent Authority shall not release the property without
the c~nsent in writing of such Magistrate 'if! a case is pending before him, and
in other cues ivithoul prevlous , intimation '-to him.- . , -,
. .
co-lion 26. An order of confiscation -made under sectiom 16 sda~ not act, as a bar to
to k no par the imposition of any olher penalty to. which the offender is liable under this Act
to immsl- or the Rules. lion oTother ,
.. I
.. , , ,
Penalry.
I
! Powers to 27. (11 Any Police Officer not below th~ rank of a Su b-Inspector or the Competent . ,
arrest and Authority or any- other officer 'specially empowered in this behalf by the .-
I detain. Government may, without oiders *from a Magistrate and wjthou t a warrant, arrest
and detain in- custody any person if such Officer or Authority knows or has, -on
to believe that such person is committing or is about to commit or has mmmi-
tted any offence under this Act.,-
(21 Every person arrestedlor detained, ,in custody under this section shall be " , ,
informed, as soon' as may be. OF the grounds for sllch arrest and detention and , . ..
shall be produced before the nearest Magistrate within a mriod of twenty-four
hours of such arrest excluding the time necessary for the journey form the place of
arrest to the Court of the Magistrate and ?lo such person shall be detained in-
custody beyond the said period without the authority of a Magistrate.
,' ,.?,=h m ,
Power ro a
' 28.. The Compcteot Authority may release any person arrested udder , sectron--P .- ! 1;
on h~s executing a bond to appear, if and when so required , , before the Magistrate
. . . ... . bond. having jurisdiction' in thi case.
-'-d ,.,. A"lborixd 29. The Officers authorired by the ~overnmehi 'under, sekan 16 rha~be deem 46of ,, , 18ML
i persons -Io to be pubEc servants within the meaniog- of section. 21:of the Indian. Penal Code.. , ,
I.. . I
bt publ~c
servants. -
. . .. , I
Revision 30. (1) ~hc Government may, an an applica[ion by any , party aggrieved byl an
order passed in appeal under section 10 or an order passed in revision under sub-
. sectron (7);of section 16 filed within the prescribed period, revise such order.
,I .i.. .
. . (2) The' ~oiernmcbt may, on its 'own mof/op -for ind examide tho!'ispbrr
6f any &weding ,in 'which any authority subordiqate- to it has ,fnade, any, ;decision
or order under th~s Act, for the purpose of satisfyiig itself as' to- the re&kiity
of such proceedtw, or the correctpess, legality or prpperiety, of such, ,decisiqn or order
aid it id any -&se it .appears to .the .Goveroplent 'that 'any >such, dqision,,or ordp
.ought to be modified,, +red, remitted or rcyersG. it may.. pas- such akr- din&. , . '
. - .
, .
I. .. .
- . ,. . ., . . ., , .,
T,m ORISSA MINERAL^ (~REVBNTION OF:?HBW,SMUCtGLINCf
' AND OTHER UNLAWFUL ACTIVITIES] .- ACT. 1988
' [Orissa Act 23 19891
(SeCs. 31-37).
(3) The Gavecnment shall not revise any decision or order under this section,-
, ' (i) after the expiry of on; year horn ' the date of hch decision or order ; and . ,- ,. .
(il) wikhoul giving the plrties cgflczrned an opporh nity- of being heard in the
matter.
, .>
. .
fieumpllon 31. When, in any prodings taken under this Act, or in consequence of
that mIoaraIs anything done under thi5 Act, a question arises as to whether any minerd is the
bslongto property of Government, such mineral shalI be presumed to be the property of
Gover-cni until tht: contrary is proved. I ! I, . ,I.
I-. \ b
: '! Prulectlon of
action teh 32. (11 No suit or other legal proceedings shall lie against any deer of the
under tbls Government for anything which is in good faith. done qr iqtended to.be:done in
Aa. pursuance. of this Akt -br : the rule's or any order made.'thereunder.
, .
(22) No suit dr other legal prdceediks 'sball lie ~g&d~tthe+~over&knt for say
damage caused or likely to be caused by anything which is in good faith done
or inteadad to bc done in pursuance of this Act or the rules or any order made
thereunder.
Operat [On of
other Iawa 33. Nothing in this Act shall be deemed to bar the prosecution of any person
not bad under any other law for any act or omission which caastit~tcs an oEcnu: or from
bemg liable under such other law to any higher punishment or penalty than that
provided under this Act or the rules:
Provided that no person shalI be prbsecuted and pu nished for the same o5cnce
more rban once.
Exemption 34. The Government may, by notihtion, exempt any person or class of persons
from the purview of this Act, provided the mineralslores is storedlcarried for a
scientik test and research WOT~ only.
m,,,,, or 35. All money, except fines imposed by Judicial Courts, due under this Act or
money due, the rulw may, if not paid when due, be ravered as if it were an arrear af wblic
to 00- demand.
mcnt.
krvIcc of 36. AII notices issued under this Act or the rules shall be deemed to have been noace* duly served if delivered in person to the addressee or his agent or any adult member
of his family or where the* addrcasee or his agent or the adult member of his farnib
refuses lo receive, by &xlng a copy of the notie on some conspicuous part of &e
raidence or pIaa of business of the addressee or by advertisement in the news-
papers.
tower to 37. (1) The Government may, by notification, make rules * for carrying out
makafillcs the provisions of this Act.
(2) In particular and without prejudice to the enerality of tbe- foregoing powers,
f sucii rules may prov~de for all or any of the fol owing matters, :-
(a) the Form 01 application Tor licence to be made under sub-stction (I I of
section 6 including the fee to be accompanied therewith and the manna
of payment thereof ;
(b) the form and the terms and conditions of licence to be granted under
suhtion (3) of setcion 6 ;
*For Rulm See Orha Gazelre, Exrraordinary dated the 18th May, 1990 (No. 646)
THE ORISSA MINERALS @REVEP;ITION OF THEFT,, S~UGGL~NC~ , .
AND O~ER UNLAWFUL ACTIVITIES) ACT; 1988
[Orissa Act 23 of 19891
( sec. 37 )
(c) the form of application fit permit t~ be made unde! sub-section (1) of
section 8 including the fee to be akmpanied therewith and the manner
of payment thereof;
[d) the form and the terms and conditions of permit to be granted under
sub-section (3) of section 8;
(el the form of appeal under section 10 ;
Cfi the manner of placing mark on seized property under subsktion (2) of
section I6 ;
(gl qinieqance of records on stock of minerals and furnishing of repofts
and ~nfo~matio~ by the Licensee to the Competent Authority ; and
(h) any other matter which is required to be, or may be, prescribed.