LexThe Himachal Pradesh Minerals (Vesting of Rights) Act, 1983
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this act[Authorised English text of the Himachal Pradesh Kh anij (Adhikar Nidhan)
Adhiniyam, 1983 as required under clause (3) of Art icle 348 of the
Constitution of India]
THE HIMACHAL PRADESH MINERALS (VESTING OF RIGHTS)
ACT, 1983
ARRANGEMENT OF SECTIONS
Sections:
1. Short title.
2. Definitions.
3. Vesting of minerals in State Government.
4. Payment of amount.
5. Reference to Court.
6. Exemption.
7. Code of Civil Procedure to apply to proceedings before civil
courts.
8. Appeal in proceedings before civil courts.
9. Power to make rules.
10. Power to remove difficulty.
_________
THE HIMACHAL PRADESH MINERALS (VESTING OF RIGHTS)
ACT, 1983
(ACT NO. 17 OF 1987)
1
(Received the assent of the President on the 22 nd July, 1987 and was
published in Hindi in the Rajpatra, Himachal Prades h (Extra-ordinary), dated
28 th July, 1987, pp. 1269-1274 and in English in the R ajpatra, Himachal
Pradesh (Extra-ordinary), dated 13 th August, 1987, pp 1389-1392).
An Act to vest the mineral rights in the State Gove rnment and to provide
for payment of amount to the owners of minerals and for other
matters connected therewith.
It is hereby enacted by the Legislative Assembly of Himachal Pradesh
in the Thirty-fourth Year of the Republic of India as follows:-
1. Short title.- This Act may be called the Himachal Pradesh
Minerals (Vesting of Rights) Act, 1983.
2. Definitions.- In this Act, unless the context otherwise requires,-
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh (Extra-ordinary), dated
19 th August, 1983, pp. 777 and 782.
THE HIMACHAL PRADESH. MINERALS (VESTING OF RIGHTS) ACT, 1983 2
(a) "Collector" means the Deputy Commissioner of a District and
includes any officer appointed by the State Governm ent to
discharge all or any of the functions of a Collecto r under this
Act;
(b) "minerals" means 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 (67 of
1957);
(c) "land" means land whether assessed to land reve nue 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 incorpo rated or
not; and
(e) "prescribed" means prescribed by rules made und er this Act.
3. Vesting of minerals in State Government.- (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 f or the time being
in force, on the publication of the notification un der sub-section (1) the right
to the minerals in the land specified in the notifi cation shall vest absolutely in
the State Government and the State Government shall subject to the
provisions of the Mines and Minerals (Regulation an d Development) Act,
1957 (67 of 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 min es and for the purposes
subsidiary thereto including the sinking of pits an d shafts, erection of plants
and machinery, construction of roads, stacking of m inerals and deposit of
refuse, quarrying and obtaining building and road m aterials, 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 per son 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 writin g, subject to such
conditions and reservations as he may specify, dele gate such powers to the
person to whom the right has been assigned.
4. Payment of amount.- (1) On the vesting of the right to the
minerals in any land under section 3, the person en titled to the right to the
minerals immediately before such vesting shall be p aid 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 high er, payable to the State
THE HIMACHAL PRADESH MINERALS (VESTING OF RIGHTS) ACT, 1983 3
Government 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 t he 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 t o have been extended by
that period:
Provided further that 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 itsel f the
royalty or dead rent whichever is higher shall be c alculated as if the State
Government is the lessee.
(2) The Collector shall announce in the manner pres cribed 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 finds that more than one person are entit led to the amount he shall
apportion the amount amongst such persons.
5. Reference to Court.- (1) Any person who is not satisfied by the
order of the Collector under section 4 may, by a wr itten application to the
Collector, require that the matter be referred by t he Collector for the
determination of a principal civil court of origina l 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 whic h the objections to
the order of the collector are taken:
Provided that the application shall be made,-
(a) if the person making it was present or was rep resented 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.
(3) In making the reference, the Collector shall st ate for the
information of the court, in writing under his hand, such particulars as may be
prescribed.
(4) The principal civil court of original jurisdict ion may decide the
matter itself or by a written order direct any civi l court subordinate to it to
decide the same.
6. Exemption.- Nothing in this Act shall apply to the land or
property, owned and possessed by the Central Govern ment or any
establishment/ undertaking under its control.
THE HIMACHAL PRADESH. MINERALS (VESTING OF RIGHTS) ACT, 1983 4
7. Code of Civil Procedure to apply to proceedings before civil
courts.- The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall
apply to all proceedings before the civil court under the Act.
8. Appeal in proceedings before civil courts.- 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.
9. Power to make rules.- (1) The State Government may, by
notification, make rules for carrying into effect the provisions of this Act.
(2) Every rule made under this section shall be la id, as soon as may
be after it is made, before the Legislative Assembly 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 A ssembly makes any
modification in the rule or decides 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 modific ation or annulment shall
be without prejudice to the validity of anything pr eviously done under that
rule.
10. Power to remove difficulty.- If any difficulty arises in giving
effect to the provisions of this Act, the Governme nt may, by order published
in the Official Gazette, make such provisions or gi ve such directions not
inconsistent with the provisions of this Act, as ma y appear to it to be
necessary or expedient for the removal of such difficulty.
____________