The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985
———-
The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985
[Maharashtra Act No. XVI of 19851
An Act to abolish subsisting proprietary rights to mines and minerals in any lands under the Land Tenure Abolition Laws or such other laws for the time being in force by acquisition thereof and to provide for matters connected therewith.
WHEREAS pursuant to the national policy of bringing the actual cultivator into direct relation with the Government, series of land tenure abolition laws for abolition of the intermediary rights, Jagirs and Inam tenures have been enacted, the rights of Inamdars and Jagirdars to mines and minerals have been specifically saved, thereby allowing such existing rights to survive particularly where the inams are grants of soil;
AND WHREAS the mines and minerals available in these inam lands are being exploited in the State by such Inamdars for individual gains without being liable to pay any royalty to the State Government and in a manner highly detrimental and prejudicial to public interest;
AND WHEREAS with a view to prevent such exploitation of mines and minerals for individual gains by a few Inamdars and also to prevent the huge loss of royalty by the State Government and to give effect to the policy of the State Government towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of the production to the common detriment;
AND WHEREAS for the aforesaid purposes it is considered necessary to abolish subsisting proprietary rights to mines and minerals in any lands under the Land Tenure Abolition Laws or such other laws for the time being in force by acquisition thereof and to provide for matters connected therewith; It is hereby enacted in the Thirty-sixth Year of the Republic of India as follows:-
Section 1. Short title and extent,-
(1) This Act may be called the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Land Act, 1985.
(2) It extends to the whole of the State of Maharashtra.
Section 2. Declaration,-
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution of India and the acquisition thereof of the subsisting proprietary rights to mines and minerals referred to in Section 4.
Section 3. Definitions,-
In this Act, unless the context otherwise requires.—
(a) “alienee” means an Inamdar, Jagirdar or Estate Holder as defined in the Land Tenure Abolition Laws or such other laws for the time being in force, or a person who holds any subsisting right in any sub-soil in any land under any settlement, kaul, grant, sanad or order, and judgement, order or decree of a Court or Tribunal or any law or instrument for the time being in force, but shall not include any lawful lessee holding leasehold rights in respect of any mines or minerals on the date of commencement of this Act;
(b) “Code” means the Maharashtra Land Revenue Code, 19662;
(c) “Competent Authority” means the Collector of the District, and includes any officer, not below the rank of Deputy Collector, to whom the powers and functions of the Competent Authority may be entrusted by the Collector;
(d) “Land Tenure Abolition Laws” means the Salsette Estate (Land Revenue Exemption Abolition) Act, 19513, the Bombay Personal Inams Abolition Act, 19524, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 19535, the Bombay Merged Territories Miscellaneous Alienation Abolition Act, 19556 and the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 19697;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “sub-soil rights” means any rights to mines and minerals found or likely to be found, whether on surface or underground of any land;
(g) words and expressions used but not defined in this Act, shall have the meanings assigned to them in the Code.
Section 4. Vesting of rights of alienees to mines and minerals in the State and consequences thereof,-
Save as otherwise provided in this Act, notwithstanding anything contained in any settlement, kaul, grant, sanad or order, any judgement, order or decree of a Court or Tribunal or in any law or instruments for the time being in force, on the date of commencement of this Act, all subsisting rights to mines and minerals vesting in any alienee in any land shall pass from such person to and vest in the State Government, free of any encumbrances:
Provided that, the rights of any lessee holding on lease the sub-soil rights on the date of commencement of this Act, either from alienee or from Government, shall not be affected by this section except that on and from the said date if he is a lessee holding from alienee he shall be deemed to be a lessee holding from Government, and all the obligations to the alienee shall be deemed to have passed on to Government.
Section 5. Payment of amount for acquisition of rights to mines and minerals,-
(1) Any alienee having any subsisting subs-soil right in respect of any land immediately before the day of commencement of this Act shall, subject to the following provisions of this section, be entitled–
(a) to receive an amount equivalent to three times the assessment fixed for the land, in which there is a mine or there are minerals, but the mine is not worked during a period of three years immediately preceding the date of commencement of this Act;
(b) where any mine was worked at any time during a period of three years immediately preceding the date of commencement of this Act, to receive an amount equivalent to twenty times the assessment fixed for the land.
(2) Every alienee entitled to the amount under sub-section (1) shall apply in writing to the Competent Authority, on or before the 31st December 1985 or such extended date (if any) as the Competent Authority may fix, for determining the amount payable to him under this section.
Section 6. Procedure for determining the amount to be paid,-
(1) On receipt of an application for determination of the amount payable under Section 5, the Competent Authority shall make such inquiry as he deems fit. After giving a reasonable opportunity of being heard to the claimant and to prove his claim, the Competent Authority shall make an award determining the amount payable to the claimant, after recording his findings on the following points:-
(a) whether the claimant— alienee proved that any rights to mines and minerals in any land had accrued to him and were subsisting at the date of commencement of this Act, notwithstanding the provisions of any law for the time being in force;
(b) the area of the land under which there is a mine and what minerals are found therein;
(c) the area of the land under which there is a working mine and what minerals are found therein;
(d) the amount, if any, payable to the claimant in accordance with the provisions of this Act;
(e) where there is a co-sharer, how the amount may be apportioned between the claimant and the co-sharer.
(2) Notwithstanding anything contained in any law for the time being in force, the onus of proving before the Competent Authority—
(a) that the sub-soil rights in any land had accrued to the claimant under any sanad, etc. and the rights continued to subsist at the commencement of this Act, notwithstanding the provisions of any law for the time being in force; and
(b) that any mines or minerals are found or are being worked in any land or part thereof shall be on the claimant.
Section 7. Appeal against the Competent Authority’s award,-
An appeal shall lie against the award of the Competent Authority to the Maharashtra Revenue Tribunal established under Chapter XV of the Maharashtra Land Revenue Code, 19668, notwithstanding anything contained in that Code.
Section 8. Procedure before Maharashtra Revenue Tribunal,-
(1) The Maharashtra Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
(2) In deciding an appeal under this Act, the Maharashtra Revenue Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows, in deciding an appeal from a decree or order of an original Court under the Code of Civil Procedure, 19089.
Section 9. Limitation,-
Every appeal made under this Act to the Maharashtra Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Competent Authority. The provisions of Sections 4, 5, 12 and 14 of the Limitation Act, 196310 shall apply to the filing of such appeal.
Section 10. Court fee,-
Notwithstanding anything contained in the Bombay Court Fees Act, 195911 every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a court fee stamp of such value as may be prescribed.
Section 11. Finality of award and decision of Revenue Tribunal,-
An award made by the Competent Authority, subject to an appeal to the Maharashtra Revenue Tribunal, and the decision of the Maharashtra Revenue Tribunal on the appeal, shall be final and conclusive and shall not be questioned in any suit or proceedings in any Court.
Section 12. Inquires and proceedings to be judicial proceedings,-
All inquiries and proceedings before the Competent Authority and the Maharashtra Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code.]12
Section 13. Power to make rules,-
(1) The State Government may, by notification in the Official Gazette, make rules, for the purposes of giving effect to the provisions of this Act, including provisions for imposition of fees for the purposes of this Act.
(2) All rules made under this section shall be subject to the condition of previous publication.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session, for total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Section 14. Amendment of Section 48 of Mah. XLI of 1966,-
In the Maharashtra Land Revenue Code, 196613 in Section 48, in sub-section (1).—
(a) for the words “Unless it is otherwise expressly provided by the terms of the grant made by the State Government, the right to all minerals” the words “The right to all minerals” shall be substituted;
(b) the proviso shall be deleted.
Section 15. Repeal of certain enactments,-
On and from the date of commencement of this Act, Section 9 of the Bombay Personal Inams Abolition Act, 1952, Section 10 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, Section 13 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 and Section 9 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, and corresponding provision in any such law for the time being force, shall stand repealed.
Section 16. Power to remove difficulty,-
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by order do anything, not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
———
Foot Notes:-
1] This Act of the Maharashtra Legislature, having been assented to by the President on August 1, 1985 is first published for general information in the Maharashtra Government Gazette, Part IV, dated August 6, 1985, at pages 131-135.
2] Amended by Maharashtra XLI of 1966.
3] Amended by Bombay XLVII of 1951.
4] Amended by Bombay XLII of 1953.
5] Amended by Bombay XXXIX of 1954.
6] Amended by Bombay XXII of 1955.
7] Amended by Maharashtra XLIV of 1969.
8] Amended by Maharashtra XLI of 1966.
9] Amended by V of 1908.
10] Amended by XXXVI of 1963.
11] Amended by Bombay XXXVI of 1959.
12] Amended by XLV of 1860.
13] Amended by Maharashtra XLI of 1966.
————-
The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Rules, 1986
No. INM.1085/CR-486/L-5.— In exercise of the powers conferred by sub-section (1) of Section 13 of the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985 (Mah. XVI of 1985) and of all other powers enabling it in this behalf the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (2) of the said Section 13, namely:-
Rules
Rule 1. Short title,-
These rules may be called the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Rules, 1986.
Rule 2. Definitions,-
In these rules unless there is anything repugnant in the subject or context.—
(a) “Act” means the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985.
(b) “Form” means the Form appended to these rules;
(c) “Section” means a section of the Act.
Rule 3. Form of application under Section 5,-
An alienee entitled to the amount under sub-section (1) of Section 5 of the Act, shall make an application to the Competent Authority on or before the 31st December 1986 being the extended date fixed by the Competent Authority, in the Form, if the alienee has not already applied on or before the 31st December, 1985:
Provided that nothing in this rule shall affect the application, if any, made to the Competent Authority before or after the date of publication of these rules in the Official Gazette and no such application shall be rejected by the Competent Authority merely on the ground that the application is not made in the Form.
Rule 4. Court Fee,-
Every appeal made to the Maharashtra Revenue Tribunal under Section 7, read with Section 9 of the Act shall bear a court fee stamp of rupees ten.
———
FORM
[See Rule 3]
To,
The Competent Authority,
____________________
____________________
From:
Name of the applicant:-_______________
Village:-____________
Taluka:-_____________
Sir,
I was a holder of the alienated rights to mines and minerals in the following land in the Village_________ Taluka_______ District_______ Survey No._____, Area________, Assessment____________.
These rights existed and were subsisting till 6th August, 1985, that is till the passing of the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985. In support of this, I rely upon the following documents:-
1.____________________
2.____________________
3.____________________
4.____________________
5.____________________
and the provisions of Section_______ of________ Act by which their abolition was saved prior to the 6th August, 1985, I promise to produce the said documents, if and when so required.
2.(a) In the following lands, minerals, namely__________ were extracted during the period from 6th August, 1982 to 6th August, 1985:-
Village:-___________
Survey No.:-_______
Assessment:-______
In support of this, I rely on the following documents which I promise to produce, if and when called upon to so.
(Give a list of documents, if any)
(b) Although no minerals were exploited in the following lands during the period between 6th August 1982 to 6th August 1985, I claim that they contain economically exploitable minerals:-
Village:-___________
Survey No.:-_______
Assessment:-______
In support of this, I rely on the following documents which I promise to produce, if and when called upon to do so.
(Give a list of documents, if any)
3. I, therefore, claim, in accordance with the provisions of Section 5 of the Act, Rs._____/- for my sub-soil rights in lands referred to in paragraph 2.(a) above and Rs.______/- for my sub-soil rights in respect of the lands referred to in paragraph 2.(b) above, for the abolition and acquisition of my rights to mines and minerals in the said lands.
Yours faithfully,
Signature of the Applicant
Place:-
Date:-
@@-@@-@@-@@-@@