Goa, Daman And Diu Mining Concessions (Abolition And Declaration As Mining Leases) Act, 1987
No: 16 Dated: May, 23 1987
The Goa, Daman And Diu Mining Concessions (Abolition And Declaration As Mining Leases) Act, 1987
Act No. 16 of 1987
An Act to provide for the abolition of the mining concessions in operation in the Union territory of Goa, Daman and Diu and specified in the First and the Second Schedules, and for the declaration or such mining concessions as mining leases under the Mines and Minerals (Regulations and Development) Act, 1957, with a view to the regulation of the mines to which such concessions relate and for the development of minerals under the control of the Union and for matters connected therewith or incidental thereto.
Whereas certain mining concessions have been granted in perpetuity under the former Portuguese Mining Laws (Decree of 20th day of September, 1906) in the territories now included in the Union territory of Goa, Daman and Diu by the former Portuguese Government and by the Government of Goa, Daman and Diu;
And whereas the aforesaid mining laws have ceased to be in force and doubts have been expressed as to whether such mining concessions are mining leases within the meaning of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957.);
And whereas it is expedient in the public interest to abolish such mining concessions and declare them as mining leases under the aforesaid Act for the purpose of making the provisions of that Act applicable to the mines to which such concessions relate with a view to the regulation of such mines and for the development of minerals under the control of the Union so as to subserve the common good;
BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title.—This Act may called the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "appointed day" means the 20th day of December, 1961;
(b) "Commissioner" means the Commissioner of Payments appointed under section 8;
(c) "concession holder" means a person who has been granted a mining concession;
(d) "date of assent" means the date on which the assent is given by the President to this Act;
(e) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;
(f) "Mines and Minerals Act" means the Mines and Minerals (Regulation and Development) Act, 1957;
(g) "mining concession" means a mining concession granted under the Portuguese Colonial Mining Laws, 1906 (Decree of 20th September, 1906);
(h) "notification" means a notification published in the Official Gazette;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "specified date" means such date as the Central Government may, for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provision of this Act;
(k) words and expressions used and not defined, but defined in the Mines Act, 1952 or the Mines and Minerals Act, shall have the meanings, respectively, assigned to them in those Acts.
3. Act override all other enactments, etc. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment (other than this Act), or any judgment, decree or order of any court, tribunal or other authority or any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II
Abolition Of Mining Concessions And Declaration As Mining Leases Under The Mines And Minerals Act
4. Abolition, etc., of mining concessions. - (1) Every mining concession specified in the First Schedule shall, on and from the appointed day, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease.
(2) Every mining concessions specified in the Second Schedule shall, on the from the day next after the date of grant of the said concession and specified in the corresponding entry in the eight column of the said Schedule, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease.
(3) If, after the date of assent, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or mis-description in relation to the particulars of any mining concession or the name and residence of any concession holder specified in the First or the Second Schedule, it may, by notification, correct such error, omission or mis-description, and on the issue of such notification, the First or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.