MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ]
GOVERNMENT OF HARYANA
LEGISLATIVE DEPARTMENT
THE HARYANA MINERALS (VESTING
OF RIGHTS) ACT, 1973
(Haryana Act No. 48 of 1973)
MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ]
THE HARYANA MINERALS (VESTING OF RIGHTS)
ACT, 1973
TABLE OF CONTENTS
Sections
1. Short title.
2. Definitions.
3. Vesting of minerals in State Government.
4. Payment of amount.
5. Reference to court.
6. Code of Civil Procedure to apply to proceedings before
Civil Court.
7. Appeals in proceedings before Civil Courts.
8. Power to make rules.
MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ] 235 TS)
1THE HARYANA MINERALS (VESTING OF RIGHTS)
ACT, 1973
(HARYANA ACT NO. 48 OF 1973)
[Received the assent of the President of India on the 16th
December,
1973, and first published in Haryana Government Gazette
(Extraordinary) of December 20,
1973].
1 2 3 4
Year
No
Short title
Whether repealed or
otherwise affected by
legislation
1973
48
The Haryana Minerals
(Vesting of Rights)
Act, 1973
A N
ACT
to vest the mineral rights in the State Government and to
provide for payment of amount to the owners of minerals and
for other matters connected therewith.
Be it enacted by the Legislature of the State of Haryana in
the
Twenty-fourth Year of the Republic of India as follows :—
1. This Act may be called the Haryana Minerals (Vesting of
Rights) Act, 1973.
2. In this Act, unless the context otherwise requires,—
(a) “Collector” means the Deputy Commissioner of
a district and includes any officer appointed by the
State Government to discharge all or any of the
functions of a Collector under this Act ;
(b) “minerals” mean minerals and minor minerals as
defined in clauses (a) and (e) respectively of
section 3 of the Mines and Minerals (Regulation and
Development) Act, 1957 ;
1. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), dated the 7th November, 1973, page 2093.
Short
title.
Definitions
.
MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ] 236 TS)
Vesting of
minerals in
State
Governmen
t.
Payment
of
amount.
(c) “land” means land whether assessed to land to
land revenue or not and includes river beds and the
sites of buildings and other structures ;
(d) “person” shall include a local authority and a
company or association or body of individuals,
whether incorporated or not ; and
(e) “prescribed” means prescribed by rules made under
this
Act.
3. (1) The State Government may, from time to time, by
notification, acquire the right to any minerals in any land and the
right to the minerals specified in the notification shall, from the
date of its publication, vest in the State Government.
(2) Notwithstanding anything contained in any law for the
time being in force, on the publication of the notification under sub-
section (1), the right to the minerals in the land specified in the
notification shall vest absolutely in the State Government and the State
Government shall, subject to the provisions of the Mines and Minerals
(Regulation and Development) Act, 1957, have all the powers
necessary for the proper enjoyment or disposal of such right.
(3) The right to the minerals in the land includes the
right of access to land for the purpose of prospecting and working
mines and for the purposes subsidiary thereto including the sinking of
pits and shafts, erection of plants and machinery, construction of roads,
stacking of minerals and deposit of refuse, quarrying and obtaining
building and road materials, using water and taking timber and any
other purpose which the State Government may declare to be
subsidiary to mining.
(4) If the State Government has assigned to any person its
right over any minerals, and if for the proper enjoyment of such
right, it is necessary that all or any of the powers specified in sub-
sections (2) and (3) should be exercised, the Collector may, by an
order in writing, subject to such conditions and reservations as he may
specify, delegate such powers to the person to whom the right has been
assigned.
4. (1) On the vesting of the right to the minerals in any land
under section 3, the person entitled to the right to the minerals
immediately before such vesting shall be paid annually, in the
manner prescribed, an amount equal to ten per cent of the
annual contract money, or of royalty or dead rent whichever is
higher, payable to the State Government
MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ] 237 TS)
on the minerals raised in a year, as the case may be, for a period of
ten years with effect from such vesting :
Provided that if no contract or lease is given or the lessee
does not raise the minerals for any period, no amount shall be paid
for that period and the aforesaid period of ten years shall be deemed to
have been extended by that period :
Provided further that the payment of the amount shall
commence after the expiry of one year from the date of
commencement of the period of contract or lease, as the case may be.
Explanation.— If the State Government exploits the minerals
itself, the royalty or dead rent whichever is higher shall be
calculated as if the State Government is the lessee.
(2) The Collector shall announce in the manner prescribed
an order specifying the person or persons to whom the amount shall be
paid.
(3) If there is any dispute as to the person or persons who
are entitled to the payment of amount, the Collector shall by an order
decide the dispute and if he funds that more than one person are
entitled to the amount he shall apportion the amount among such
persons.
5. (1) Any person who is not satisfied by the order of the
Collector under section 4 may, by written application to the
Collector, require that the matter be referred by the Collector for the
determination of a principal civil court of original jurisdiction,
whether his objection be to the quantum of amount, the persons to
whom it is payable, or the apportionment of the amount among the
persons entitled.
(2) The application shall state the grounds on which
the objections to the order of the Collector is taken :
Provided that every such application shall be made, —
(a) if the person making it was present or represented
before the Collector at the time when he passed his
order, within six weeks from the date of the
Collector's order ;
(b) in other cases, within six weeks from the date
of communication of the Collector's order.
Reference
to court.
MINERALS (VESTING OF RIGHTS) 1973 : Haryana Act 48 ] 238 TS)
Code of
Civil
Procedure
to apply to
proceeding
s before
Civil Court.
Appeals in
proceeding
s before
Civil
Courts.
Power to
make rules.
(3) In making the reference, the Collector shall state for
the information of the court, in writing under his hand, such
particulars as may be prescribed.
(4) The principal civil court of original jurisdiction may
decide the matter itself or by a written order direct any civil court
subordinate to it to decide the same.
6. The provisions of the Code of Civil Procedure, 1908, shall
apply to all proceedings before the civil court under this Act.
7. An appeal shall lie to the principal civil court of
original jurisdiction where the matter is decided by a civil court
subordinate to it and to the High Court in other cases.
8. The State Government may, by notification, make rules
for carrying into effect the provisions of this Act.