GOA, DAMAN AND DIU MINING CONCESSIONS (ABOLITION AND DECLARATION AS MINING LEASES) ACT, 1987

S.1 Short title

This Act may called the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987.

S.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 Colo

S.3 Act to 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.

S.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 concession specified in the Second Schedule shall, on and from the day next after the date of grant of the said concession and specified in the corresponding entry in the eighth 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

S.5 General effect of declaring the mining concessions to be mining leases

(1) Where a mining concession has been deemed to be a mining lease under section 4, the concession holder shall, on and from the day mentioned in that section, be deemed to have become the holder of such mining lease under the Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that Act, extend up to a period of six months from the date of assent.
(2) On the expiry of the period of any mining lease under sub-section (1), it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period for which, such lease can be renewed under the provisions of that Act and the r

S.6 Payment of amounts to concession holders

Every concession holder specified in the second column of the First and the Second Schedules shall be given by the Central Government, in cash, and in the manner specified in Chapter IV, for the abolition of the mining concessions held by him, and declaring it as a mining lease, under section 4, an amount equal to the amount specified against him in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be.

S.7 Payment of further amount

(1) There shall also be given by the Central Government, in cash, to every concession holder specified in the second column of the First and the Second Schedules, simple interest at the rate of four per cent per annum on the amount specified against such concession holder in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the Commissioner.
(2) The amount referred to in sub-section (1) shall be in addition to the amount specified in the First Schedule or the Second Schedule, as the case may be.

S.8 Commissioner of Payments to be appointed

       (1) For the purpose of disbursing the amounts payable to the concession holders under this Act, the Central Government shall appoint such person as it may think fit to be the Commissioner of Payments.
       (2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
       (3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred, on that person directly by this Act and not by way of authorisation.

S.9 Payment by the Central Government to the Commissioner

       (1) The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the concession holders, a sum equal to the sum specified against the mining concessions in the First and the Second Schedules, together with the amount of interest referred to in section 7.
       (2) A deposit account shall be opened by the Central Government, in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner.
       (3) Records shall be maintained by the Commissioner in respect of each of the concession holder in relation to which payments have been made to him under this Act.
       (

S.10 Claims to be made to the Commissioner

       (1) Every concession holder, having a claim for the payment of the amount referred to in section 6, shall prefer such claim before the Commissioner within thirty days from the specified date :
       Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.
       (2) The Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim.
       (3) Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of any daily newspaper in the regional language as the Commissioner may consid

S.11 Liability of Central Government to end on payment of claim

After admitting a claim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the Central Government in respect of such claim shall stand discharged.

S.12 Disputes how to be dealt with

In the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in Section 6 or Section 7, the Commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court.
Explanation.-- In this section "court", in relation to a mining concession, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the mines relating to such concession is situated.

S.13 Undisbursed or unclaimed amount to be deposited to the general revenue account

Any money paid to the Commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money tranferred may be preferred to the Central Government by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

S.14 Amendment of Act 67 of 1957

In the Mines and Minerals (Regulation and Development) Act, 1957 in sub-section (1) of Section 4, after the second proviso, the following proviso shad be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1963, namely:--
"Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu."

S.15 Penalties

Any person who contravenes the provisions of this Act shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both.

S.16 Offences by companies

       (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
       Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributa

S.17 Protection of action taken in good faith

(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or any officer or other employee of that Government, or any person authorised by that Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or any officer or other employee of that Government or any person authorised by that Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.

S.18 Delegation of powers

(1) The Central Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the powers conferred by Sections 20 and 21, may also be exercised by such person or persons as may be specified in the notification.
(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government.

S.19 Declaration as to the policy of the State

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.
Explanation.-- In this section, "State" has the same meaning as in Article 12 of the Constitution.

S.20 Power to make rules

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both, Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

S.21 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty.
Provided that no such order shall be made after the expiry of a period of two years from the date of assent.

S.22 Validation

       (1) Notwithstanding anything in any other law for the time being in force or any judgment, decree or order of any court, tribunal or other authority,--
       (a) every concession holder shall, for the period commencing on and from the date when his mining concession had been declared to be a mining lease and ending with the date of expiry of the period of his lease under the provisions of this Act (hereafter in this section referred to as the said period), be liable to pay the dead rent or, as the case may be, royalty, due in respect of such lease under the provisions of the Mines and Minerals Act and the rules made thereunder, and such amount shall, save as otherwise provided in this section, be recoverable from him;
       (b) any amount paid by the concession holder for the said period, either as a fixed tax or as a proportional tax, or both, or a

Sch.1 SCHEDULE

[See sections 4(1), 6, 7 and 9(1)]

DETAILS OR MINING CONCESSIONS ABOLISHED AND DECLARED AS
MINING LEASES ON AND FROM THE APPOINTED DAY

Sch.2 SCHEDULE