Strict guidelines issued for transportation of seized coals in Meghalaya
In a face-saving strategy following media report of illegal transportation of coals, the Meghalaya Government on Friday issued detailed guidelines for the transportation of seized coals in the State of Meghalaya from various districts towards Assam.
The Mining and Geology Department vide Notification No.MG.94/2011/40 dated 13th March, 2019 notified authorized officers under sub-section (4) of Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957 for the purpose of seizing mineral raised or transported unlawfully along with vehicle, tool, equipment used in such unlawful raising or transportation of minerals;
The Hon’ble Supreme Court vide judgement dated 3rd July, 2019 in Civil Appeal No. 10720 of 2019 directed that the seized coal shall be dealt by the State in accordance with Section 21 of the Act, 1957 and on being satisfied, the State can take a decision to recover the entire quantity of coal so illegally raised without lawful authority and the said cases has to be separately dealt with in accordance with law.
The Mining and Geology Department vide order No. MG.94/2011/535 dated 9th June, 2020 has laid down procedure for disposal of seized minerals in fair and transparent manner;
Therefore, the following procedure has been laid down to allow transportation of seized coal after its disposal through public auction by the concerned authority, as under:
Consignment carrying auctioned coal shall be allowed for transportation only with the High Security Mineral Transport Challan (MTC) containing hologram and fugitive ink to be issued by the DMR;
Thc truck number, route and destination shall be indicated in MTC and consignor should use only route mentioned in the MTC;
The DMR shall intimate the issuance of Mineral Transport Challans to concerned Superintendent of Police and Commissioner of Transport along with route of transportation and destination,
The Mineral Transport Challan(MTC) shall be stamped as Auctioned Coal’ with internal secret marking;
The Superintendent of Police shall ensure checking of vehicles by Police on National Highways and Roads to detect illegal coal transportation within their jurisdiction;
The concerned Deputy Commissioner shall station a joint team consisting of Police, DMR officials and Transport Department at the junction of weighbridge-cum-checkgates of Transport Department or DMR checkgates to divert all the goods laden trucks including coal laden trucks from main road towards weighbridge-cum-checkgate;
Joint team shall check all the goods carrying trucks for necessary documents;
Joint team shall detect coal laden trucks without valid Mineral Transport Challan and seize the vehicle, and shall register the case under the Section 21 of Mines and Minerals (Development & Regulation) Act, 1957;
The Superintendent of Police concerned shall depute at least two (2) Police personnel to each weighbridge-cum-check gate in his jurisdiction to detect vehicles carrying coal illegally;
The Mines Royalty Inspector (MRI)/Assistant Mines Royalty Inspector (Asst. MR) of the DMR checkgate/Transport Department’s weighbridge-cum-checkgates with the assistance of Police shall inspect all the goods carrying trucks at the Checkgate to detect coal laden trucks;
The MRI/Asst. MRI shall physically inspect coal trucks, verily Mineral Transport Challan and place his seal and signature on MTC to prevent multiple use.
The MRI/Asst. MRI and Police at Checkgate shall seize the trucks carrying coal illegally and case shall be registered under Section 21 of MMDR Act, 1957.
The MRI/Asst. MRI shall maintain the register on details of coal trucks passed through the checkgate and monthly statement shall be sent to the DMR for reconciliation;
The MRI/Asst. MRI of the Checkgate shall ensure video recording of all consignment of coal passed through checkgate and footage shall be storecd for at least one year.
The Transport Department shall ensure that trucks are not carrying coal in excess of quantity permitted by Mining and Geology Department vide Notification No. MG 94/2011/Pt 1/31 dated 10.07.2020 and shall take necessary action in respect of over loaded trucks.
The Transport Department shall ensure that CCTV cameras installed at weighbridge are functioning and shall share the CCTV footage with DMR every month;
The DMR shall submit a report on transportation of auctioned coal indicating number of challans issued, route and destination to the Government;
The Deputy Commissioner and Superintendent of Police of concerned District shall ensure that no illegal transportation of coal takes place in the of transporting the auctioncd coal within their respective jurisdiction.
All the concerned officers shall ensure full compliance of these instructions.
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