Section 168, The Mines and Minerals Act, 2009

(1) Any person who is in possession of any preciousmineral and who fails to prove that he is in lawful possession of such mineral commits an offence. (2) For the purpose of subsection (1)- (a) a labourer or tributer employed by the holder of an artisanal, small-scale or large-scale mining licence shall not be deemed to be in lawful possession of a precious mineral unless such mineral is in his possession within the actual workings in the mineral right area; (b) the holder of an artisanal, small-scale or largescale mining licence or its duly authorised agent as the case may be, shall not be deemed to be in lawful possession of the precious mineral unless such mineral is in its possession- (i) within the actual workings of its mineral right area; (ii) within its registered place of business; (iii) any other place used to exercise the rights vested in it in respect of such minerals by virtue of the licence. (3) Subject to section 167 and this section, no other Discovery of precious Unlawful possession of precious Preservation of samples and cores. 126 127 person shall be deemed to be in lawful possession of a precious mineral unless such mineral is in his possession under and in accordance with the terms of a valid mineral right or minerals licence issued under this Act. (4) Any person who commits an offence under this section shall be liable on conviction to imprisonment for a term not less than three years. (5) In addition to the penalty imposed in subsection (4) for an offence committed under this section, any precious minerals in connection with which the offence was committed shall be forfeited to the State.