MINERAL CONSERVATION & DEVELOPMENT RULES, 1988

CHAPTER IX

Revision and Penalty

57. Revision:

(1) Any person aggrieved by any order made or direction issued under these rules by any officer sub-ordinate to the Controller General, [or an officer of the State Government, as the case may be,] may within thirty days of the communication of such order or direction, apply to the Controller General for a revision of the order or direction, provided that any such application may be entertained after the said period of thirty days if the applicant satisfies the Controller General that he had sufficient cause for not making the application within time.

[Provided that if any order made or direction issued as aforesaid by an officer subordinate to the Chief Controller of Mines, the application shall be made to the Chief Controller of Mines who shall deal with the application in the manner prescribed hereunder.]

(2) Every order against which a revision application is preferred under sub-rule (1) shall be complied with pending receipt of the decision of the appellate officer:

[Provided that the Controller General or the Chief Controller of Mines, as the case may be, may suspend the operation of the order appealed against, pending disposal of the revision application.]

(3) On receipt of an application for revision under sub-rule (1), the Controller General [or the Chief Controller of Mines, as the case may be,] after giving a reasonable opportunity of being heard to the aggrieved person, may confirm, modify or set aside the order passed by an officer subordinate to him.

[(4) Any person aggrieved by any order made or direction issued by the Chief Controller of Mines may within thirty days of the communication of such order or direction, apply to the Controller General for a revision of the order or direction, provided that any such application may be entertained after the said period of thirty days, if the applicant satisfies the Controller General that he had sufficient cause for not making the application within time.].

[(5) On receipt of any such application under sub-rule (4), the Controller General may confirm, modify or set aside the order or direction made or issued by the Chief Controller of Mines or may pass such orders in relation to the applicant, as it may deem fit and such decision shall be final.].

(6) Every order against which a revision application is preferred under sub-rule (4), shall be complied with pending receipt of the decision of the [Controller General]:

Provided that the [Controller General] may, on an application made by the applicant, suspend operation of the order appealed against pending disposal of the revision application.

(7) Every application submitted under the provisions of this rule shall be accompanied by a Treasury Receipt showing that a fee of Rs.1000/- (rupees one thousand) has been paid into a Government Treasury or any branch of the State Bank of India doing Treasury Business to the credit of the Central Government under ‘Major Head – 0853 – Non-Ferrous Mining & Metallurgical Industries, 800 – Other receipts’ or by a Bank Draft on a Nationalised Bank for Rs.1000/-(rupees one thousand) in the name of Pay & Accounts Officer, Indian Bureau of Mines payable at Nagpur.

58. Penalty:

Whoever contravenes any of the provisions of these rules shall be punishable with imprisonment for a term which may extend up to two years, or with fine extending to fifty thousand rupees or with both, and in the case of continuing contravention with an additional fine which may extend up to five thousand rupees for every day during which such contravention continues, after conviction for the first such contravention:

Provided that for repeated contravention the punishment should be in the form of imprisonment only:

Provided further that any offence punishable under these rules may either before or after the institution of the prosecution, be compounded by the authorized officer to make a complaint to the court with respect to that offence, on payment to that officer for credit to the Government, of such sum that officer may specify:

Provided also that in case of an offence punishable with fine only, such sum shall not exceed the maximum amount of fine which may be imposed for that offence:

Provided further that where an offence is compounded under these rules, no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody shall be released forthwith.