THE GOA (PREVENTION OF ILLEGAL

MINING,TRANSPORTATION AND STORAGE OF

MINERALS) RULES,2004
672 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 32
Department of Mines
___
Notification
5/32/99-MINES
In exercise of the powers conferred by section
23 C of the Mines and Minerals (Development and
Regulation) Act, 1957 (Central Act 67 of 1957), and
all other powers enabling it in this behalf, the
Government of Goa hereby makes the following
rules, namely:—
CHAPTER - I
Preliminary
1. Short title, extent and commencement.— (1)
These rules may be called the Goa (Prevention of
Illegal Mining, Transportation and Storage of
Minerals) Rules, 2004.
(2) They shall extend to the whole of the State
of Goa.
(3) They shall come into force from the date of
their publication in the Official Gazette.
2. Definitions.— In these rules, unless the
context otherwise requires,—
(a) “Act” means the Mines and Minerals
(Development and Regulation) Act, 1957 (Central
Act 67 of 1957);
(b) “Appellate Authority ” means the
Government of Goa or any other authority
appointed by the Government of Goa to perform
the functions of the Appellate Authority;
(c) “Competent Auothority” means the Senior
Geologist or Senior Technical Assistant or the
Assistant Geologist of the Directorate of Mines,
Government of Goa;
(d) “Director” means the Director of Mines,
Government of Goa;
(e) “Form” means a form appended to these
rules;
(f) “Government” means the Government of
Goa;
4TH NOVEMBER, 2004
(g) “trading” means buying or selling or
beneficiating or transporting or exporting;
Words and expressions used but not defined in
these rules shall have the same meaning
respectively assigned to them in the Mines and
Minerals (Development and Regulation) Act, 1957
(Central Act 67 of 1957), and the Mineral
Concession Rules, 1960.
CHAPTER -II
Trading of minerals
3. Trading of minerals under registration.— (1)
On and from the commencement of these rules,
no person shall carry on trading of minerals unless
he gets himself registered with the Directorate of
Mines for trading of minerals under the provisions
of these rules.
(2) Every person, who, at the time of
commencement of these rules, was engaged in
the trading of minerals, shall, within a period of
two months from the date of commencement of
these rules; apply to the Director for registering
him under these rules for trading of minerals:
Provided that any application for registration
made after the expiry of said period may be
entertained by the Director if it is made within thirty
days from the date of expiry of said period and
applicant satisfies the Director that he had
sufficient cause for not making the application
within time.
(3) Every application for registration as aforesaid
shall be submitted in Form A hereto and shall be
accompanied by a registration fee of Rs. 1000/-
(Rupees one thousand).
(4) Every person who is trading in mineral(s)
shall maintain an accurate account of mineral(s)
obtained or sold or disposed of by him in Form B
hereto and shall furnish to the Director or
Competent Authority specified in this behalf,
monthly return in form B hereto within such period
as may be specified by the Director or the
Competent Authority and provide all reasonable
facility to the Competent Authority to inspect, verify
and check the stocks and accounts of minerals and
any other documents pertaining thereto.
(5) Every person who exports the Mineral from
the State of Goa shall maintain an accurate account
of mineral(s) obtained and exported and shall
 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 32
furnish to the Director or the Competent Authority,
specified in this behalf, monthly return in Form C
hereto, within such period as may be specified by
the Director or the Competent Authority.
(6 ) All accounts, registers and other documents
pertaining to the trading of minerals and export of
minerals shall be kept open for inspection of the
Competent Authority at all reasonable time.
CHAPTER - III
Inspection and seizure
4. Entry, inspection of Records and seizure of
books of accounts.— (1) Where, the Competent
Authority has reason to suspect that the mineral
has been obtained or possessed without lawful
authority or without payment of royalty or the
trading of mineral(s) is being carried on without
registration with the Director or the person trading
in minerals fails to furnish the monthly return in
Form B or Form C appended to these rules, as the
case may be, to the Director, he shall seize such
mineral(s), accounts, registers or other documents
as he may consider necessary and shall give
receipt to the person from whose custody such
mineral, accounts, documents and registers are
seized.
(2) The accounts, documents and registers so
seized under sub rule (1) shall be retained by such
Authority only for their examination or for any
inquiry or proceedings under these rules or for
prosecution:
Provided that the accounts, registers and
documents so seized shall not be retained by such
Authority beyond a period of three months from
the date of such seizure, without a written order
of the Director to that effect:
Provided further that before returning the
accounts, registers and documents, the person
shall be called upon to furnish a bond for an amount
as may be determined by the Director or the
Competent Authority, alongwith a surety of like
amount, binding the said person to produce the
said accounts, registers and documents before the
appropriate authority or the competent Court, as
and when required and failure to do so shall
amount to forefeiture of bond amount in favour of
Government.
(3) For the purposes of sub-rule (1) above, the
Competent Authority shall enter and search, at all
673
4TH NOVEMBER, 2004
reasonable times, any office, godown, factory or
vehicle or any other place of business or any
building or place where such Authority has reason
to believe that the person keeps or for the time
being is keeping any mineral(s), accounts,
registers or other documents pertaining to his
business or mining operations.
(4) The Competent Authority, may, when it is
not practicable to seize books of accounts, registers
and documents or minerals, serve upon the person
who is in immediate possession or control thereof,
an order to the effect that he shall not remove, part
with or otherwise deal with them except with the
previous permission of such Authority who may
take such steps in accordance with these rules, as
may be necessary, for ensuring compliance of
these rules.
(5) The power conferred by sub-rule (3) upon
the Competent Authority to enter and search
include the power to break open any box or
receptable in which any mineral, accounts,
registers or documents may be contained or to
break open the door of any premises where any
such mineral, accounts, registers or documents
may be kept or to place marks of identification on
the books of accounts, registers or documents or
to make or cause to be made extracts or copies
thereof:
Provided that the power to break open the door
shall be exercised only af ter the person in
occupation of the premises, if he is present therein,
fails or refuses to open the door on being called
upon to do so.
(6) The provisions of the Code of Criminal
Procedure, 1973 (Act 2 of 1974), relating to
searches, shall, so far as may be applicable, apply
to the searches made under these rules.
(7) The Competent Authority empowered to take
action under these rules shall, if necessary, request
in writing for the help of the local police and the
police authorities shall render all such assistance,
as may be necessary to enable such Authority to
exercise the powers conferred on it by these rules.
5. Inquiry and recovery.— (1) The Director or
the Competent Authority may require any
persons—
(a) who transports or stores or holds in
custody for delivery on behalf of any person,
any mineral, to give any information
674 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 32 4TH NOVEMBER, 2004

likely in his possession in respect of such mineral or FORM A

to permit inspection thereof, as the case may be;
[(See rule) 3 (3)]
(b) who maintains or has in his possession any
accounts, books or documents relating to mining (Application for Registration)
business or operations, to produce such
accounts, books or documents for inspection. To,
..........................................
(2) The Director or any officer authorised by the
..........................................
Director shall, after giving the person an ..........................................
opportunity of being heard and holding such
further inquiry as he may consider fit, realize from Sir,
any person, for the possession of mineral not
accounted for, an amount equivalent to ten times I/We request you to kindly register me/us under rule 3
the royalty amount fixed for the particular mineral. of the Goa (Prevention of Illegal Mining, Transportation
and Storage of Minerals) Rules, 2004.
CHAPTER - IV
Revision and Penalty (2) A sum of Rs 1000/- being the fees for registration
payable under sub-rule 3 of Rule 3 of the said Rules have
6. Revision.— (1) Any person aggrieved by any
been deposited vide challan No.............................dated
order made by the Director or other Authority in
execise of the powers conferred on it under these ................................................... of the State Bank of India/
rules, may within one month from the date of /Treasury .................................. .
communication of the order to him, apply to the
Appellate Authority in duplicate for revision of the (3) The required particulars are given below:
order. The application should be accompanied by
(vi) Name of the applicant.
a treasury challan indicating payment of five
hundred rupees: (vii) Address of the applicant.
Provided that any such application may be (viii) Is the applicant a private individual/
entertained after the said period of one month if /cooperative/firm/association/private Company/public
the applicant satisfies the Appellate Authority that company/public sector undertaking/joint sector
he had sufficient cause for not making the undertaking or any other.
application within time.
(ix) In case the applicant is:—
(2) On receipt of the application and upon calling
the relevant records or other information from the (d) an individual, his nationality.
Director or other Authority, the Appellate Authority
may confirm, modify or set aside the order or pass (e) firm or association, the nationality of all the
such order in relation thereto as the Appellate partners of the firm or members of the association.
Authority may deem just and proper. (f) a company, an attested copy of the certificate
(3) Pending the final disposal of an application for of registration of the company shall be enclosed.
revision, the Appellate Authority may, for sufficient
cause, stay the execution of the order against (x) Nature of business:
which any revision application has been made.
I/We do hereby declare that the particulars furnished
7. Penalty.— Whoever contravenes any of the above are correct and am/are ready to furnish any other
provisions of these rules shall be punishable with
details as may be required by you.
imprisonment for a term which may extend to one
year, or with fine which may extend to five thousand Yours faithfully,
rupees, or with both, and in the case of a
continuing contravention, with an additional fine
which may extend to five hundred rupees for every
day during which such contravention continues
after conviction for the first such contravention. (Signature and designation of the applicant)

By order and in the name of the Governor

of Goa.
Place:
J. B. Bhingui, Joint Secretary (Mines).
Panaji, 25th October, 2004. Date :
 FORM B

[(See rule) 3 (4)]

Register of stock/storage/sale/export of minerals

SERIES I No. 32

Name:
Registration No.
Place of stock/storage
Taluka:

Quantity Royalty Quantity Quantity Name & Quantity

Sr. Opening Lease obtained/ despatched/
Grade Grade Lease/T.C. paid processed Grade sold Grade address in Grade Closing
No. Date stock in No. purchased in indigenously stock
M/tons No. Challan No. in M/tons of buyer M/tons
M/tons & date in M/tons
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
OFFICIAL GAZETTE — GOVT. OF GOA
675
4TH NOVEMBER, 2004
 676
FORM C

[See rule 3 (5)]

Proforma for submission of Details by Exporters

SERIES I No. 32

Name of the Shipper:

Total quantity shipped in M/tons:
Period/Year:

No. and Data Qty. of Permit

Name of Lease holder Lease No. from Qty. of ore up No. &
Sr. Name of the Date of Bill of Lading Type of Average grade Royalty of challan Short date of
from whom ore is where the ore
of shipment is purchased/
purchased/ Grade paid (Rs.) towards shipped country
payment of ore up
salling Qty. In M/Tons Ore
Remarks

No. Vessel purchased/obtained /obtained country

/obtained royalty Qty. utilised
ore

1 2 3 4 5 6 7 8 9 10 11 12 13 14 >15 16
OFFICIAL GAZETTE — GOVT. OF GOA

GOVERNMENT PRINTING PRESS,

PANAJI - GOA.
Price : Rs. 12.00
4TH NOVEMBER, 2004