The Odisha Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988
odisha · 1989
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1For~eleet Commlltec rcport see, OrriFSu Gazelle Bxlraordinaty, dated the 4Lh March, 1989 (No
- S. 2Section 2 defines key terms used in the Odisha Minerals Act, 1988, including "Competent Authority," "Government," "Licence," "Minerals," "Permit," "Prescribed," and "Rules."
- S. 3Section exempts activities regulated by central laws from the provisions of this Act.
- S. 4Resttictian on possession storage etc
- S. 5The ~overnrn&t may, by notification- of Competcnr AuthpriW
- S. 6(11 Any person who wishes to posscss, storc, sell, trade in or otherwise deal
- S. 7The Competent Authority may, al any time during the currency of a licence and after, giving an opportunity of being hca
- S. 10Section 10 allows appeals against certain orders under the Act to the Appellate Authority within sixty days.
- S. 12(1 1 Whoever rails' to con~ply willl or coulraverles any: of fl~e:; provisions of
- S. 13(~)'Whkrc any a ~ c n & ,
- S. 14Section 14 allows the competent authority to quash any offense under the Act if proceedings have already commenced.
- S. 16Section 16 allows seizure and potential confiscation of minerals and related tools if an offence is suspected, with due process for the owner.
- S. 17The Competent Authority, who has seized any tools,
- S. 20Section 20 allows for the confiscation of minerals and tools used in offenses against the Odisha Minerals Act, unless already ordered under Section 16.
- S. 21-When the trial of any offen& is concluded, the mineral In rehpect or which minemts on such ofTence has been commilted
- S. 23Section 23 allows a Magistrate to order the return of seized mineral property to a rightful claimant if the offender is unknown or unreachable.
- S. 24Section 24 vests confiscated property in the government free from encumbrances once appeals are exhausted.
- S. 25Section 25 allows the Competent Authority to release seized property if a Magistrate consents, except if a case is pending.
- S. 26An order of confiscation -made under sectiom 16 s d a ~ not act, as a bar to to k no par the imposition of any olher p
- S. 27(11 Any Police Officer not below t h ~ rank of a Su b-Inspector or the Competent
- S. 28—
- S. 29Section 29 outlines penalties for unauthorized possession or use of public servants' uniforms in Odisha.
- S. 30Section 30 allows the government to revise or modify decisions made under the Act, but not after one year without a hearing.
- S. 31Section presumes minerals found during proceedings under the Act belong to the government unless proven otherwise.
- S. 32The section protects the government and its officials from legal suits for actions taken in good faith under the Act.
- S. 33Section 33 allows prosecution under other laws for offenses not covered by this Act, with no double punishment.
- S. 34The section allows the government to exempt individuals or groups from the Act for scientific testing and research purposes.
- S. 35Section 35 mandates that unpaid dues under the Act are treated as public arrears subject to demand.
- S. 36Section 36 specifies that notices under the Act are deemed served if delivered to the addressee or their agent, or by posting or advertising.
- S. 37(1) The Government may, by notification, make rules * for carrying out makafillcs the provisions of this Act
- S. 111—