PUNJAB GOVT GAZ. (EXTRA.), DEC. 12, 1996
(AGHN. 21, 1918 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
Notification The 12th December, 1996 No. 13-Leg/96.The following Act of the Legislature of the
On the
State of Punjab received the assent cf the Presidentof India
22nd October, 1996, and is hereby published for general information:
THE PUNJAB MINERALS (VESTING OF RIGHTS)
ACT, 1994
(Punjab Act No. 9 of 1996)
39
AN
ACT
to vest the miner.il rights in the State Government and to provide for
payment of amount to the owners of minerals and for other mnatters
C» VNecte l therevith.
BE it enacted by the Legislature of the State of Punjab in the Forty fifth Year of the Republic of India, as follows
1. This Act may be called the Punjab Minerals (Vesting of Rights) Act, 1994.
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" means minerals and minor minerals as definedin clauses (a) and (e) respectively of section 3 of the Minesand Minerals (Regulation and Development) Act, 1957 (Central Act No. 67 of 1957) ;
(c) "land" means land whether assessed to land revenue or not and include river beds and the sites of buildings and other structures ;
(d) "person" shall include a local authority or conpany or associa tion or body of individuals, whether incorporated or not ; and
(e) "prescribed" mcans prescribed by rules made under this Act,
Short title.
Deflnitions.
——
~~ No. 1 L 9 —The follow
PUNJAB GOVT GAZ. (EXTRA.), DEC. 12, 996 Cog
(AG . 1, 1918 SA
Part I
ARTM O LEGA AND L TI E A
PUN AB
N t fication 12 h D ber 1996 g A t o the L i l r o the State of ab received the a o the P d o Ind a on the
22nd October, 1996. and' is hereby p l ed fo go r l info rmation: —
V I G RI HTS)
ACT, 19
P 9
to vest the ineral ights in h S a e over ent o i o payment of amount to the owners inerals atters comectz] h wi .
e it tzd h egislature h j n h rt -
fifth ear of the epubli of ia, as ows :—
1. his ct a be d nj inerals esti g ights
)
Act, 1994.
2. In this Act, less e ntext ise r es, —
(a) " ol ct r" eans eputy ommissioner istrict includes any ffi er pointed t t overnment to i arge all cti ns ol ector der
Act ;
(b) " inerals" eans inerals inor inerals efi d clauses (a) and (e) ectively f cti n f ines Minerals egulation and evelopment) Act, 7 entral ct o. f 57) ;
*
{¢) " " eans hether ssessed ue r ot l de er eds i s f uildings t er
structures ;
(d) " erson" shall lude local uthority or mpany r as o ci
ated or not j d tion or body of individuals, hether orpor
(e) "prescribed" means rescribed by les ade under is ct, ort e
efini o
1
Vesting of minerals in State Government.
Payment of
amount.
40 PUNJAB GOVT GAZ. (EXTRA.), DEC. 12, 1996
(AGHN. 21, 1918 SAKA)
3. () The State Government may, from time to time, by notifi cation, acquire -the right to the minerals in any land and notwithstanding anything contained in any law for the time being in foree, from the date of the publication of the notification the right to the minerals in the land specified in the notification shall vest absolutely in the State Government and the State Government shali, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act No. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal
(2) Ifthe State Government has assigned to any person its right to the minerals in any land, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-section () should be exercised, the Colector may, by an order, in writing, subject to such con ditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned.
Explanation.--In this section and section 4, the expression "right to the minerals in any land" includes the right of access to the 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 bui!lding and road materials, using water and taking timber and any other purpose which the State Government may declare to be subsidiary to mining.
4. ()) On the vesting of the right to the minerals in any land under section 3, the person entitled to the right to the minerals in any land imme diately before such vesting shall be paid annually, in the manner pres cribed, an amount equal to ten per cent of the annual contract money or of royalty or dead rent, whichever is higher, payabie to the State Govern ment on minerals raised in a year, for a period of ten years with effect from such vesting :
Provided that if no contract
raise the minerals for any period,
and the aforesaid period of ten
extended by that period:
or lease is given or the lessee does not
no amount shall be paid for that period
years shail be deemed to have been
Providcd further that the paymént of the amount shall commence after the expiry of one year from the date of commencement of the period Explanation.Where the State Government exploits the minerals itseli, 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) Ifthere is any dispute as to the person or persons who are entitled to the payment of an:ount, the Coliecior shall by an order decide the dispute and if he finds ihat nore tH.an cne peiscn is entitled to the amount he shall apportion the amount among such persons.
of such rights.
of contract or lease, as the case may be.
Vesting of
ain State
Government.
Payment of
amount.
40 PUNJAB GOVT GAZ. (EXT
RA), DEC. 12, 1996
_ "(AGHN. 21,1918 SAKA)
3. (1) The Sta e Government ma y, from time to time, by motifi- cation, acquire -the right to the minerals in any land and notwithstanding
anything contained in any law for the time being in force, from the date of the publication of the notification the r ight to the minerals in land
specif ed in the notification shall vest abso lutely in the State Government
and the Sta e Government shall, subj ect to the provisions of the Mines an d
Minerals (Regulation and Development ) Act, 1957 (Central Act No. 67 of 1957). have all the powers necessary for the proper enjoyment or disposal of such rights. } }
(2) Ifthe State Government has assigned to any person its right to the minerals in any land, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-section (/) should be
exercised, the Collector may, by an order, in wr iting, subject to such con-
ditions and reservations as he may specify, delegate such powers to the
person to whom the right has been assigned. Explanation.—In this section and section 4, the expression "right to
the minerals in any l d" includes the right of a ccess to the land for the
urpose f prospecting and working mines and for the purposes subsidiary
t ereto cl ding t e inking - of pits and shafts, er ection of plants
achinery, onstruction of roads, stacking of m inerals and deposit of
fuse, quar yi g btaining building and road mat erials, using water
i g mber other purpose which
the State Government
ay eclare subsidiary to mining.
. (1 sting of the right to the minerals in any land under
t , h entitled to the right to the miner als in any land imme-
l f re sting shall be paid annually, in the manner pres-
c , l o ten per cent of the annua l contract money or of
alt rent, whichever is higher, payable to the State Govern-
ent inerals ra sed in a year, fot a period of ten years with effect from
suc vesting :
P tha if n c or lease is given or the lessee does not
be paid for that period ra se the mi eral forany period, no amount shall and the afo p od of ten y shail be deem
ed to have been
extended th p :
shall commence
Prov de furthe that the payment of the amount t of the period after the exp ry of one year from the date of commencemen of contract or lease, as the case may be.
Ex —Where the State Government ¢
itself, the royalty or dead, rent, whichever is higher, if the State Government is the less e.
xploits the minerals
shall be calculated "2
(2) The Collector chall 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 entit led
to the paym nt of anount, the Collector shall by an order decide th e dispute
and if he finds that more than ene peisen is entitled to the amount he shall a portion the amount among such persons.
2
PUNJAB GOVT. GAZ. (EXTRA.), DEC. 12, 1996
(AGHN 21, 1918 SAKA)
5. () 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 to the apportionment of
the amount among the persons entitled thercto.
41
(2) The application under sub-section (/) shall state the grounds on which the objection 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 order of the Collector ; and
(b) in other cases, within six weeks from the date of communication of ths order of the Collector.
(3) In making the reference, the Collector shall state for the infor mation of the principal civil court of original jurisdiction, in writing under his hand, such particulars as may be prescribed.
(4) On receipt of a reference under sub-section (3), the principal civil
court of original jurisdiction may decide the matter itself or bya 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 juris
diction where the matter is decided by a civil court subordinate to it andto
the High Court in other cases.
8. (1) The State Government may, by notification, make rules for Carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing following matters,
power, such rules may provide for all or any of the
n¡mely :
(a) .the manner in which the money is to be paid under sub-section
(1) of section 4 ;
(5) the manner in which an order is to be announced by the Collec tor under sub-section (2) of section 4;
(c) the particulars to be stated by the Collector while making a reference to a principal courtof original jurisdiction under sub-section (3) of section 5; and
(d) any other matter which is to be, or may be prescribed under this Act.
Refoton0e te
GOurt.
Code of Civil
Proceduro, 1908
to apply to
proceedings
before civil
court.
Appeals in
proccedings
before Civil
Courts.
Power to make
rules,
—~——
GOVT. Z. E TRA.), . , 1
A I IN 21, )
5. (I) is t h h ol ct r r o ay, rit pli ati n o h ol ector, require that he at r e h ol ctor o h ination cipal civil court of original urisdiction,w et er his j tion to h um of ount, the ons to it is able, o h onment
h ount h s ti h t .
(2) pli at n - cti n 1 all h s hi h j t o h h ol ctor s ak :
i h pli at n ll ade, —
(a) if the n aki it t t d h ol ector h tim er, i x ee rom h h r h ol ector 3 ) n es, it x e {rom h municati a ar he Collector.
(3) In aki g 'the nce, h ol ector hall h or-
mation of the principal civil ourt of original u iction, in rit ng er
his , r l r s scri ed. b
(4) ceipt of e er -secti n ), h cipal il
urt original i t n a h at er lf rit
il rdi at o o h e.
6. visi ns h ivil ced ure, al l
10 all edings r h civil urt er ct.
. eal all c principal i il urt r i al ris- o her h at r 1 i d i i l urt s ordinate t i our ses.
. / i t overnment ay , notifi ation, ake car ying ut the r oses ct.
arti ular it out j dice enerality i g
wer, s a i e r
l f o i g atters
,
a ely — ) .th anner hi oney der
-section
7) t ;
(b) anner hich r s ann nced Col ec-
der -section ) of ccti n
¢ parti ulars O Daliogier be uw ki
ce a principal urt f original ju iction der
s b-section ) of cti n ;
. inl i se or ay rescri
(4) er at er hi be, or may be | ribed under
th ct .
court,
i i
e
y o
piacesdin
fo
r
ppeal
eedings
f r ivil
ourts.
el 0
3
42 PUNJAB GOVT GAZ. (EXTRA.), DEC, 12, 1996 (AGHN. 21, 1918 SÁKA)
(3) Every rule made under this scction shall be laid as soon as may be, after it is made, before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rules 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 vaidity of anything previously done under that rule.
BHUPINDER SINGH SIDHU,
Joint Secretary to Government of Punjab, Department of Legal and Legislatiye Affairs.
GAZ. E RA.), . 1 1
- A . 21, 1 A )
(3) Every rule m this e ion s laid oon be, after it is made, befo h gisl t re hi it is n o o total period of ten days which may be comprised in one session or in two or more successive sessions if, h he ion n i
it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rules should not be made, the rule shall thereafter have effect only in such modified orm e effect, h , , ever, h
modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
P NG D ,
Joint cret r o over ent njab, Department of Legal and Legislative f airs.
4