G.O. Ms. No. 62, Sand Offences, Illegal Quarrying, Smuggling and Selling of Sand, 2018

What the government order does

The Government of Tamil Nadu, Home, Prohibition and Excise Department, issued G.O. Ms. No. 62, Home, Prohibition and Excise (XVI), on 1 October 2018. It directs government officials, including police officials, to follow existing instructions intended to curb sand smuggling and makes clear that officials who assist such offences can be proceeded against.

The government order follows directions given by the Division Bench of the High Court of Madras in Habeas Corpus Petition No. 188 of 2018, dated 8 May 2018. The court directed consolidated instructions to law enforcement authorities, police stations and revenue officials across Tamil Nadu.

Who is affected

G.O. Ms. No. 62 principally affects government officials responsible for preventing sand offences, including:

• Police officials.
• Revenue officials.
• Other government officials concerned with preventing illegal sand removal, sand theft or sand smuggling.
• Public servants who assist or enable the commission of sand smuggling offences.

The High Court observations reproduced in the government order state that people who commit sand smuggling and people who assist its commission are both covered. They also state that officials who assist offenders by receiving bribes, participating in corrupt activity, remaining silent or adopting a compromising attitude should face action.

Key provisions

G.O. Ms. No. 62 provides that:

• Government and police officials must prevent sand theft and sand smuggling through effective and prompt action.
• Officials must follow the government instructions already issued to curb sand smuggling without deviation.
• An official involved in illegal sand removal or in assisting sand smuggling may be dealt with under Tamil Nadu Act 14 of 1982.
• An official who violates the existing instructions may also be dealt with under Tamil Nadu Act 14 of 1982.
• Officials may face departmental disciplinary proceedings as well as penal provisions under existing criminal laws.
• The government order states that a copy of the judgment and copies of earlier government instructions were appended to it.

Relevance to land and property readers

G.O. Ms. No. 62 does not set out a land purchase, ownership, registration or planning procedure. Its relevance is to illegal quarrying, removal, smuggling and sale of sand, and particularly to the responsibility and possible liability of public officials who enable those activities.