Can penalty be imposed on violation of mines and mineral act 1957

959 votes

Yes the revenue department can do so. But you can challenge the amount of penalty on technical basis for that have to see how much they had imposed and there was really a violation of law you can see from this example Air india import plain and its accessories which claims to use for foreign trip only and produce sufficient document regarding. Later if customs found voilation of it then may ask for import duty with penalty.

Advocate Manish Kumar Pandey LawRato

997 votes

The query can be divided into 3 broad parts. The response to the first part, according to which, whether the revenue department can impose penalty, can safely be answered in affirmative provided that it has been authorised to do so under Section 21(3) of The Mines and Minerals (Development and Regulation) Act, 1957, hereinafter called the Act.
In relation to the second part which pertains to whether the revenue department can impose penalty upon other government departments, it can be argued that it can, since the revenue department can also be authorised under Section 25 and 26, where it also acquires the power to collect any tax, royalty, rent or fee payable to the government and since the term "government department" has wide connotation, the functions performed by the same, if contravenes any provision of the Act, to my mind, shall be liable to penalty. In this regard, an example of State of Telangana is very apt, as it has authorised the State Revenue Department to impose penalties upon the violators of the Act's provisions.
The third part, which questions whether the revenue department can do the same other government departments fail to comply with NGT guidelines, can only be provided once the relevant paperwork is provided.

LawRato LawRato