Mines and Minerals (Amendment) Act 2009 · இயற்றப்பட்டவாறு
31. Insertion of new sections 63A, 63B, 63C and 63D of the principal enactment
அதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள உரை மேலோங்கும். அதிகாரப்பூர்வ Sinhala உரையைத் திறக்கவும், documents.gov.lk-இல் அதிகாரப்பூர்வ PDF
அதிகாரப்பூர்வ மொழிபெயர்ப்புDepartment of Government Printing-இலிருந்து, மாற்றமின்றி
The following new sections are hereby inserted immediately after section 63 of the principal enactment and shall have effect as sections 63A, 63B, 63C and 63D of that enactment :-
63A. (1) A police officer who has reasonable grounds to believe that an offence has been committed under this Act may, with or without a warrant, seize any mined mineral quantity of mineral which has been mined, or any machinery, equipment or material used in or in connection with, the commission of that offence.
Where any mineral, machinery, equipment or material is seized by a police officer in pursuance of the powers conferred on him by this section, he shall forthwith produce such mineral, machinery, equipment or material before, or make it available for inspection by, a Magistrate, who shall make such order as he thinks fit relating to the detention or custody of such mineral, machinery, equipment or material, pending the conclusion of a prosecution instituted in respect of such mineral, machinery, equipment or material :
Provided however, that where any mineral, machinery, equipment or material so seized is subject to speedy decay, the Magistrate may order that such mineral, machinery, equipment or material be sold and the proceeds of such sale be deposited in Court.
63B. (1) Where any person is convicted of an offence under this Act, the Magistrate may make order that any mineral, machinery, equipment or material used in, or in connection
“Powers of seizure.
Forfeiture.
with, the commission of that offence or the proceeds of the sale of any such mineral, or material deposited in court under the proviso to section 63A, be forfeited to the State.
Any mineral, machinery, equipment or material forfeited by an order under subsection (1), shall vest absolutely in the State upon the making of such order.
Such vesting shall take effect—
if no appeal is preferred after the expiration of the period within which an appeal against the order of forfeiture may be preferred to a
High Court established by Article 154p of the Constitution or the
Supreme Court ; or
where an appeal has been preferred against the order of forfeiture, to a
High Court established by Article 154p of the Constitution or to the
Supreme
Court, upon the determination of such appeal, either confirming the order of forfeiture or setting aside the appeal.
The Court shall cause any mineral, machinery, equipment or material which has been vested in the State under subsection (2)
to be sold and the proceeds of such sale to be deposited in Court.
63C.
Offences to be cognizable offences
Notwithstanding anything to the contrary in the Code of Criminal Procedure
Act, No. 15 of 1979, every offence under this
Act shall be deemed to be a cognizable offence within the meaning and for the purposes of that Act.
63D. Every officer of the Bureau shall be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, for the purpose of exercising any of the powers conferred upon peace officers by that Act.”.