Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985
No: 16 Dated: Aug, 06 1985
THE MAHARASHTRA ABOLITION OF SUBSISTING PROPRIETARY RIGHTS TO MINES AND MINERALS IN CERTAIN LANDS ACT, 1985
ACT No. XVI OF 1985
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 acqisition 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 had been enacted, the rights of Inamdars and Jagirdars to mines and minerals have had been specifically saved, thereby allowing such existing rights to survive particularly where the inams are grants of soil;
AND WHEREAS, 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 be 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 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 :—
1. Short title, and extent:- (1) This Act may be called the Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985.
(2) It extends to the whole of the State of Maharashtra.
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 therefor of the subsisting proprietary rights to mines and minerals referred to in section 4.
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, any judgement, order or decree of a Court or Tribunal or any law or instrument for the time being in focre, but shall not include any lawful lessee holding lease-hold rights in respect of any mines or minerals on the date of commencement of this Act ;
(b) “Code” means the Maharashtra Land Revenue Code, 1966;
(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, 1951, the Bombay Personal Inams Abolition Act, 1952, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, the Bombay Merged Territories Miscellaneous Alienation Abolition Act, 1955, and the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969;
(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.