II-2 Ex. (342)

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Re. 0.80 Paise.

No. 342]

CHENNAI, MONDAY, OCTOBER 1, 2018

Purattasi 15, Vilambi, Thiruvalluvar Aandu – 2049

Part II—Section 2

Notifi cations or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

[ 1 ]

HOME, PROHIBITION AND EXCISE DEPARTMENT

Secretariat, October 1, 2018

No. II(2)/HOPE/855(f)/2018.

SAND OFFENCES - ILLEGAL QUARRYING, SMUGGLING AND SELLING OF SAND – INVOKING OF ACT 14 OF

1982 AGAINST THE GOVERNMENT SERVANTS WHO ARE ABETTING THE COMMISSION OF CRIME OF SAND

SMUGGLING – INSTRUCTION TO LAW ENFORCING AUTHORITIES AND GOVERNMENT SERVANTS –

INSTRUCTION - ISSUED.

The following Government Order is Published:-

[G.O. Ms. No.62, Home, Prohibition and Excise (XVI),1st October 2018, ¹ó†ì£C 15, M÷‹H, F¼õœÀõ˜ ݇´-2049.]

Rඍඉඌ :

Order passed by the Division Bench of the Hon’ble High Court of Madras in Habeas Corpus Petition No.188/2018,

dated 08-05-2018.

ORDER: No. 62, Home, Prohibition and Excise (XVI), 1st October 2018.

The Division Bench of the Hon’ble High Court of Madras has passed order in Habeas Corpus Petition No.188 of 2018,

dated 08-05-2018, fi led by one Tmt. Vediyammal, among others, as follows:-

…...“15. In conclusion, we direct the Principal Secretary to Government, Home (Police) Department, Fort St. George,

Chennai – 9, the Director General of Police, Mylapore, Chennai – 4 and the Director, Vigilance and Anti-Corruption Department,

Greenways Road, Chennai-28, to issue consolidated circulars/ instructions to all the law enforcing authorities, including the

Police Stations and other revenue offi cials across the State, clearly stating that the public servants, who all are abetting the

commission of the off ence of “Sand Smugglings” will be punished under the Tamil Nadu Prevention of Dangerous Activities

of Bootleggers, Drug Off enders, Forest Off enders, Goondas, Immoral Traffi c Off enders, Sand Off enders, Slum-Grabbers and

Video Pirates Act, 1982. Such consolidated instructions/circulars should contain that the public offi cials are liable to face

both the departmental disciplinary proceedings as well as the penal provisions under the provisions of Tamil Nadu Act 14

of 1982. Such instructions/circulars are directed to be issued within a period of twelve weeks from the date of receipt of a

copy of this order.

2

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

2. The Hon’ble Division Bench has made the following observation while passing the above order:-

“10. On a perusal of the entire provisions of the Act, we are of the considered opinion that the term “Goondas” and

“Sand Off ender” are defi ned as stated supra. The word “Goonda” has been defi ned so as to include the person, who “abets

the commission of off ence. The word “Sand Off ender” also provides meaning so as to include the person, who “abets the

commission of off ence” in respect of ordinary sand punishable under the Mines and Minerals (Development and Regulation)

Act, 1957 (Central Act 67 of 1957) or under the Tamil Nadu Minor Mineral Concession Rules, 1959.

11. Considering the very purpose and the object of the Act and also the provisions enumerated, this Court is of an opinion

that it is not only the persons, who are committing the off ence of “sand smugglings” alone to be booked and the persons,

who are abetting commission of off ences are also to be punished under the Act.

12. …………………………………………………………………….….…………………….. implementation of the Act, will not only

encourage the habitual off enders but also provide scope for corrupt activities by the Executives/Police Offi cials. Thus, all the

persons involved, both the persons involved in the commission of off ence as well as the persons who abets the commission

of off ence, are booked equally under the Act. In this regard, there should not be any leniency or misplaced sympathy by

the State or by the competent authorities. The Executives/Police Offi cials abetting such commission of off ence by receiving

“mamools” (bribes) or indulging incorrupt activities are also certainly be punished under the Act and that is the very spirit of

the Act. Those offi cials, who have involved in abetting the commission of off ence are to be brought under the defi nition of

“Goondas” or as “Sand Off enders”. However, we are painful to note that the law implementing authorities have so far not

booked even a single case against such corrupt public offi cials under the Act. We are informed that these sand smugglings

are frequently happening mostly with the knowledge of the jurisdictional police offi cials and the revenue offi cials concerned.

The public authorities, who are bound to prevent such illegal activities are either adopting a compromising attitude or receiving

“mamools” (bribes) from such off enders, and closing their eyes and keeping silence. All these off ences are to be carefully

taken note of and suitable actions under the Act and the Rules are to be initiated without any delay.

13. In view of the discussions, we are of the considered opinion that the public offi cials, including the police offi cials and

the revenue offi cials and other concerned offi cials, the State and the authorities competent/concerned should issue appropriate

circulars/instructions in order to ensure eff ective implementation of the Act and the Rules”.

3. The Government have carefully examined the above direction of the Hon’ble Division Bench of the Madras High Court.

The Government have been keen to prevent “sand theft” and “sand smuggling” with the eff ective and prompt action by the

Government Offi cials and many instructions have been issued to the concerned by the Government in this regard from time to

time. The need of the hour is to maintain the vast fertile eco system of this State in the stable form by curtailing all types of

sand smuggling with the services of the Government Offi cials. In view of the position set out above the Government offi cials

and police offi cials concerned are bound to prevent such off ences.

4. A copy of the judgment as well as copies of the instructions issued by the Government towards curbing the act of

sand smuggling from time to time are appended to this order. Accordingly, the Government offi cials including police offi cials

concerned are instructed to follow the instructions already issued in this regard without any deviation. The Government also

instructs that the Government offi cials including police offi cials concerned if found violating the above instructions already

issued or involved in illegal sand removal or abetting the commission of the off ence of “sand smuggling” as defi ned under

the Tamil Nadu Act 14 of 1982 will be dealt with by invoking the Tamil Nadu Act 14 of 1982. They are also liable to face

both the departmental disciplinary proceedings as well as the penal provisions under the existing criminal laws.

(By order of the Governor)

NIRANJAN MARDI,

Additional Chief Secretary to Government.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU