LexThe Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1985 : Mah. XVI] 1
THE MAHARASHTRA ABOLITION OF SUBSISTING PROPRIETARY
RIGHTS TO MINES AND MINERALS IN CERTAIN LANDS ACT, 1985
[Text as on 26th April 2024]
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CONTENTS
Preamble.
Sections.
1. Short title and extent.
2. Declaration.
3. Definitions.
4. Vesting of rights of alienees to mines and minerals in the State and consequences thereof.
5. Payment of amount for acquisition of rights to mines and minerals.
6. Procedure for determining the amount to be paid.
7. Appeal against Competent Authority’s award.
8. Procedure before Maharashtra Revenue Tribunal.
9. Limitation.
10. Court-fees.
11. Finality of award and decision of Revenue Tribunal.
12. Inquiries and proceedings to be judicial proceedings.
13. Power to make rules.
14. Amendment of section 48 of Mah. XLI of 1966.
15. Repeal of certain enactments.
16. Power to remove difficulty.
2 The Maharashtra Abolition of Subsisting Proprietary [1985 : Mah. XVI
Rights to Mines and Minerals in certain Lands Act, 1985
1985 : Mah. XVI] The Maharashtra Abolition of Subsisting Proprietary 3
Rights to Mines and Minerals in certain Lands Act, 1985
MAHARASHTRA ACT No. XVI OF 19851
[THE MAHARASHTRA ABOLITION OF SUBSISTING PROPRIETARY
RIGHTS TO MINES AND MINERALS IN CERTAIN LANDS ACT, 1985.]
[This Act received the assent of the President on the 1st August 1985; assent was first Published,
in the Maharashtra Government Gazette, Part IV, Extraordinary, on the 6th August 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 acquisition 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 par ticularly 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 o f
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
force, 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 (Mah. XLI of 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;
1 For Statement of Objects and Reasons of the L. A. Bill No. XIII of 1985, see Maharashtra Government Gazette , 1985,
Extraordinary, Part V, page 119.
4 The Maharashtra Abolition of Subsisting Proprietary [1985 : Mah. XVI
Rights to Mines and Minerals in certain Lands Act, 1985
(d) “Land Tenure Abolition Laws” means the Salsette Estate (Land Revenue Exemption
Abolition) Act, 1951 (Bom. XLVII of 1951 ), the Bombay Personal Inams Abolition Act, 1952
(Bom. XLII of 1953 ), the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953
(Bom. XXX IX of 1954 ), the B ombay Merged Territories Miscellaneous Alienation Abolition
Act, 1955 (Bom. XXII of 1955), and the Bombay City (Inami and Special Tenures) Abolition and
Maharashtra Land Revenue Code (Amendment) Act, 1969 (Mah. XLIV of 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.
4. Vesting of rights of alienees to mines and minerals in the State and consequences
thereof.— Save as otherwise provided in this Act, notwithstanding anything contained in any
settlement, kaul, grant, sanad or order, any judgement, order or decree of a Court or Tribunal or in any
law or instrument for the time being in force, on the date of commencement of this Act, all subsisting
rights to mines and minerals vesting in any alienee in any land shall pass from such person t o and vest
in the State Government, free of any encumbrances :
Provided that, the rights of any lessee holding on lease the sub -soil rights on the date of
commencement of this Act, either from alienee or from Government, shall not be affected by this
section except that on and from the said date if he is a lesses holding from alienee he shall be deemed
to be a lessee holding from Government, and all the obligations to the alienee shall be deemed to have
passed on to Government.
5. Payment of amount fo r acquisition of rights to mines and minerals. — (1) Any alienee
having any subsisting sub -soil right in respect of any land immediately before the date of
commencement of this Act shall, subject to the following provisions of this section, be entitled—
(a) to receive an amount equivalent to three times the assessment fixed for the land, in
which there is a mine or there are minerals, but the mine is not worked during a period of three
years immediately preceding the date of commencement of this Act ;
(b) where any mine was worked at any time during a period of three years immediately
preceding the date of commencement of this Act, to receive an amount equivalent to twenty times
the assessment fixed for the land.
(2) Every alienee entitled to the amount un der sub -section ( 1) shall apply in writing to the
Competent Authority, on or before the 31 st December 1985 or such extended date (if any) as the
Competent Authority may fix, for determining the amount payable to him under this section.
6. Procedure for de termining the amount to be paid. — (1) On receipt of an application for
determination of the amount payable under section 5, the Competent Authority shall make such inquiry
as he deems fit. After giving a reasonable opportunity of being heard to the claiman t and to prove his
claim, the Competent Authority shall make an award determining the amount payable to the claimant,
after recording his findings on the following points :—
(a) whether the claimant -alienee proved that any rights to mines and minerals in any land
had accrued to him and were subsisting at the date of commencement of this Act, notwithstanding
the provisions of any law for the time being in force ;
(b) the area of the land under which there is a mine and what mineral are found therein ;
(c) the area of the land under which, there is a working mine and what minerals are found
therein ;
(d) the amount, if any, payable to the claimant in accordance with the provisions of this Act ;
(e) where there is a co -sharer, how the amount may be apportio ned between the claimant
and the co-sharer.
1985 : Mah. XVI] The Maharashtra Abolition of Subsisting Proprietary 5
Rights to Mines and Minerals in certain Lands Act, 1985
(2) Notwithstanding anything contained in any law for the time being in force, the onus of
proving before the Competent Authority—
(a) that the sub-soil rights in any land had accrued to the claimant under any sanad, etc., and
the rights continued to subsist at the commencement of this Act, notwithstanding the provisions
of any law for the time being in force; and
(b) that any mines or minerals are found or are being worked in any land or part thereof;
shall be on the claimant.
7. Appeal against Competent Authority’s award. — An appeal shall lie against the award of
the Competent Authority to the Maharashtra Revenue Tribunal established under Chapter XV of the
Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) , notwithstanding anything contained in
that Code.
8. Procedure before Maharashtra Revenue Tribunal. — (1) The Maharashtra Revenue
Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and
record its decision.
(2) In deciding an appeal under this Act, the Maharashtra Revenue Tribunal shall exercise all the
powers which a Court has and shall follow the same procedure which a Court follows, in deciding an
appeal from a decree or order of an original Court under the Code of Civil Procedure, 1908 (V of
1908).
9. Limitation.— Every appeal made under this Act to the Maharashtra Revenue Tribunal shall
be filed within a period of sixty days from the date of the award of the Competent Authority. The
provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (XXXVI of 1963), shall apply to the
filing of such appeal.
10. Court-fees.— Notwithstanding anything contained in the 1Bombay Court -fees Act, 1959
(Bom. XXXVI of 1959), every appeal made under this Act to the Maharashtra Revenue Tribunal shall
bear a court-fee stamp of such value as may be prescribed.
11. Finality of award and decision of Revenue Tribunal.— An award made by the Competent
Authority, subject to an appeal to the Maharashtra Revenue Tribunal, and the decision of the
Maharashtra Revenue Tribunal on the appeal, shall be final and conclusive and shall not be questioned
in any suit or proceedings in any Court.
12. Inquiries and proceedings to be judicial proceedings. — All inquiries and proceedings
before the Competent Authority and the Maharashtra Revenue Tribunal under this Act shall be deemed
to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code
(XLV of 1860).
13. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, make rules for the purposes of giving effect to the provisions of this Act, including provisions
for imposition of fees for the purposes of this Act.
(2) All rules made under this section shall be subject to the condition of previous publication.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before
each House of the State Legislature while it is in session, for a total period of thirty days, which may be
comprised in one session or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, and notify such decision in the Official
Gazette, the rule shall, from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
1 The short title of this Act was amended as “the Maharashtra Court-fees Act” by Mah. 24 of 2012, w.e.f. 1-5-1960.
6 The Maharashtra Abolition of Subsisting Proprietary [1985 : Mah. XVI
Rights to Mines and Minerals in certain Lands Act, 1985
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
14. Amendment of section 48 of Mah. XLI of 1966.— In the Maharashtra Land Revenue Code,
1966 (Mah. XLI of 1966), in section 48, in subsection (1),—
(a) for the words “Unless it is otherwise expressly provided by the terms of the grant made
by the State Government, the right to all minerals” the words “The right to all minerals” shall be
substituted ;
(b) the proviso shall be deleted.
15. Repeal of certain enactments. — On and from the date o f commencement of this Act,
section 9 of the Bombay Personal Inams Abolition Act, 1952 (Bom. XLII of 1953 ), section 10 of the
Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bom. XXXIX of 1954 ), section
13 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bom. XXII of
1955) and section 9 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land
Revenue Code (Amendment) Act, 1969 (Mah. XLIV of 1969 ), and corresponding provision in any
such law for the time being in force, shall stand repealed.
16. Power to remove difficu lty.— If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, as occasion arises, by order do anything, not inconsistent with
such provisions which appears to it to be necessary or expedient for the purpose of removing the
difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.