LI Network
Published on: October 12, 2023 at 11:20 IST
The Punjab & Haryana High Court has issued a comprehensive set of guidelines for mining officers to ensure fairness, transparency, and adherence to legal procedures when seizing vehicles involved in mining-related activities.
These guidelines aim to balance the enforcement of the law with humanitarian considerations, particularly the livelihoods of affected individuals and families.
Key Guidelines Issued by the Court:
I. Fair and Transparent Inspection Process:
- Inspections and checks must be conducted fairly and transparently.
- Surprise checks should follow established procedures and rules.
- Specific violations must be clearly stated with reasons.
II. Proper Documentation:
- Detailed documentation of inspection findings, vehicle condition, mineral quantity, and violations.
- Inspection reports should be provided to vehicle owners in a language they understand.
III. Respect Legal Rights:
- Vehicle owners’ legal rights, including due process and a fair hearing, must be respected.
- Owners should be informed of their rights and steps to contest any actions taken against them.
IV. Handling of Overload Violations:
- Proper collection and recording of evidence in overload violation cases.
- Clear specification of alleged overloaded quantity and provision of evidence.
- Adherence to relevant penalty guidelines for overload violations.
V. Appellate Process:
- Vehicle owners must be informed of their right to appeal any seizure or penalty.
- Clear guidance on how and where to file an appeal, with an emphasis on timely processing.
VI. Humanitarian Considerations:
- Consideration of the humanitarian impact of vehicle seizures.
- Evaluation of the livelihood of vehicle owners and their families, especially if the vehicle is their primary income source.
- Expedite the release of seized vehicles when appropriate.
VII. Communication and Responsiveness:
- Open communication with vehicle owners and their legal representatives.
- Prompt responses to written appeals or representations submitted by vehicle owners.
- Ensuring that the appellate authority reviews and addresses appeals.
VIII. Determination of Tentative Penalty in the Challan Seizure Memo:
- Calculation and communication of a tentative penalty to the offender.
- Informing the offender of their right to contest the penalty, allowing for an informed choice.
IX. Duty of the Mining Officer to Seek Court Order for Confiscation of Vehicle Upon Failure to Pay Penalty:
- Moving an application to the competent court for vehicle confiscation if no FIR or complaint is filed within 30 days of seizure.
- Recording written reasons for not moving such an application.
The Court emphasized the need for mining officers to adhere to these guidelines to ensure a fair and just process. In a specific case, the Court questioned the seizure of a vehicle and highlighted the importance of following these guidelines, particularly in cases where livelihoods are at stake.
It also directed the release of the vehicle and urged the Director of Mining, Haryana, to circulate these guidelines to all mining officers in the state.
