The Penalties, and Section 21(5)

In one line

Five years and five lakh rupees a hectare for mining without a lease, seizure and confiscation of the lorry, and a power to recover the whole price of everything taken.

In the wording a student can write in an exam: section 21(1) punishes contravention of section 4(1) or 4(1A) with imprisonment up to five years and fine up to five lakh rupees per hectare of the area; section 21(3) allows a trespasser to be evicted; section 21(4) and (4A) allow the seizure and confiscation of the mineral and of the tool, equipment or vehicle used; section 21(5) allows the State Government to recover the mineral raised without lawful authority or, where it has been disposed of, the price of it, together with rent, royalty or tax; section 21(6) makes the offence cognizable; and section 23C empowers the State Government to make rules for preventing illegal mining, transportation and storage.

Section 21(1) and (2): the offences

Section 21(1). "Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area."

Two contraventions, not one. Section 4(1) is mining without a concession. Section 4(1A) is transporting or storing a mineral otherwise than in accordance with the Act. The second is how illegal mining is actually prosecuted, because the ore is caught on the road.

The fine is per hectare, which is unusual and deliberate: it scales with the ground disturbed rather than being a flat figure a large operator can absorb.

Section 21(2). A rule made under any provision of the Act may provide that a contravention of it shall be punishable with imprisonment up to two years or fine up to five lakh rupees, or both, and for a continuing contravention with an additional fine up to fifty thousand rupees for every day after the first conviction.

Section 21(3) to (4A): eviction, seizure, confiscation

Section 21(3), eviction. Where a person trespasses into any land in contravention of section 4(1), he may be served with an order of eviction by the State Government or an authorised authority, which may take the help of the police to evict him.

Section 21(4), seizure. Whenever a person raises or transports, or causes to be raised or transported, without lawful authority, any mineral from any land, and for that purpose uses any tool, equipment, vehicle or any other thing, that mineral, tool, equipment, vehicle or other thing shall be liable to be seized by an officer or authority specially empowered.

Section 21(4A), confiscation. Anything so seized is liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1), and is to be disposed of in accordance with the court's directions.