LexThe Telangana Mining Settlements Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA MINING SETTLEMENTS ACT, 1956.
(ACT NO. XLIV OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I.
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
DECLARATION OF A MINING SETTLEMENT.
3. Declaration of area as Mining Settlement.
4. Formation & incorporation of Mines Board of
Health.
5. Constitution of the Board.
6. Chairman and Vice-Chairman.
7. Notification of elections and nominations.
8. Removal of Chairman, Vice-chairman or of non-
official members from office.
9. Resignation.
10. Filling up of casual vacancy.
CHAPTER - III.
SUBORDINATE AGENCIES, OFFICERS AND
SERVANTS.
11. Powers of Chairman.
12. Delegation of powers to Vice-chairman, etc.
13. Application of the Hyderabad Civil Service
Regulations and certain other Rules.
2 [Act No. XLIV of 1956]
14. Appointment of officers and servants.
15. Hyderabad Area Local Government Service.
16. Appointment of Technical and Inspecting officers.
17. Punishment and dismissal of the employee.
18. Power of Government to transfer officers and
servants of Board.
19. Appointment of Executive officer, Medical Officer
of Health and Sanitary Inspectors, etc.
20. Powers and duties of officers.
21. Members, Officers, etc., to be public servants.
CHAPTER IV.
CONDUCT OF BUSINESS.
22. Procedure in meetings of Board.
23. Vacancy or irregularity not to invalidate
proceeding.
CHAPTER V.
DUTIES OF THE OWNERS, AGENTS AND
MANAGERS OF MINES AND OF OWNERS AND
OCCUPIERS OF LANDS OR BUILDINGS, AND
POWERS OF THE BOARD.
24. Mine owner to provide house accommodation,
etc., for labourers.
25. Facilities to be afforded to officers.
26. Power to execute measures.
27. Power to require owner of mine and others to
execute measures.
28. Objection against requisition.
29. Power to execute on default of owner.
[Act No. XLIV of 1956] 3
30. Appeal from orders under section 27 (3) or 28.
CHAPTER VI.
REVENUE AND EXPENDITURE.
31. The Mining Settlement Fund.
32. Application of the mining settlement fund.
33. Annual Budget Estimates.
34. Amounts.
CHAPTER VII.
TAXATION.
35. Omitted.
36. Other taxes.
37. Fees, etc.
38. Water pipe connection fee.
39. Power to charge fees for licence.
40. Power to charge rent or fees for the use of
buildings or lands.
41. Imposition, assessment and collection of taxes,
fees, etc.
CHAPTER VIII.
SUPERVISION.
42. Power of Inspection, etc.
43. Power of Government to provide for performance
of duties in default of the Board.
44. Dissolution and reconstitution of Board.
CHAPTER IX.
MISCELLANEOUS.
45. …
4 [Act No. XLIV of 1956]
46. Power of Revision.
47. Power of Board to delegate its powers.
48. Mode of proof of the Board’s records.
49. Restriction on summoning servants of the Board
to produce documents.
50. Powers and duties of police in respect of offences
and assistance to authorities.
51. Penalties for offences.
52. Cognizance of offences.
53. Limitation for prosecutions.
54. Power to compound offence.
55. Bar of suit in respect of act done in good faith.
56. Bar of suit in absence of notice.
57. Power of Board to compromise suits.
58. Power of Board for obtaining evidence.
59. Mode of Service of notice, etc.
60. Delegation of powers by Government.
60-A. Extension of provisions of law relating to
municipalities or of rules thereunder.
CHAPTER X.
RULES AND BYE-LAWS.
61. General provisions regarding rules.
62. Matters as to which rules may be made.
63. General provisions regarding bye-laws.
64. Matters as to which bye-laws may be made.
THE TELANGANA MINING SETTLEMENTS ACT, 1956.1
ACT No. XLIV of 1956.
CHAPTER - I.
Preliminary
1. (1)This Act may be called 2[the Telangana Mining
Settlements Act, 1956.]
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on the date of its publication
in the Official Gazette.
2. In this Act unless there is anything repugnant in the
subject or context-
(1) the expressions “agent”, “employed”, “mines” and
“owner”, when used in relation to a mine have the same
meaning as in section 2 of the Mines Act, 1952;
(2) “Board” means a Mines Board of Health established
under this Act;
(3) “market” means a place for the sale of goods or
animals publicly exposed where, ordinarlly or periodically, at
least four shops, stalls or sheds are set up or where at least
twenty five animals are brought for sale;
1. The Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956
received the assent of the President on the 27th September, 1956. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No. XLIV of 1956]
(4) “occupier”, when used in relation to any land or
building within an area declared to be a Mining Settle ment
under section 3 means a person in actual occupation of
such land or building or part thereof and includes an owner
in actual possession;
(5) “owner”, when used in relation to any land or
building within an area declared to be a Mining Settle ment
under section 3 means any person for the time being
receiving, or entitled to receive the rent of any land or
building or part thereof, whether on his own account or on
account or on behalf or for the benefit of any other person
or as a receiver, guardian or trustee for any other person or
who would so receive the rent or be entitled to receive the
rent if the land or building or part thereof were let to a
tenant;
(6) “prescribed” means prescribed by the Govern ment
by rules under this Act;
(7) “public market” means any market belonging to the
Board or acquired, constructed, main tained or mana ged by
the Board;
(8) “tax” includes any toll, rate, cess, fee or other
impost leviable under this Act.
CHAPTER - II.
Declaration of a Mining Settlement.
3. (1) Whenever it appears to the Government that it is
necessary to provide for the control, sanitation and housing
for workers of any area within which persons employed in a
mine reside and for the prevention in such area of the
outbreak and spread of epidemic diseases, the Government
may, by notification, published in the Official Gazette and in
such other manner , if any, as it may determine intimate its
Declaration of
area as Mining
Settlement.
[Act No. XLIV of 1956] 3
intention to declare such area to be a Mining Settlement for
the purposes of this Act.
(2) The Government shall consider any objection or
suggestion in regard to the intended declaration which may
be submitted to it in writing by any person within a period to
be specified in this behalf in the notification issued under
sub-section (1) and may then declare the said area or any
portion thereof, to be, for the purposes of this Act, a Mining
Settlement.
(3) Every notification issued under this section shall
define the limits of the area to which it relates.
(4) The Government may, by a like notification, include
or exclude any area in or from a Mining Settlement.
The Mines Board of Health.
4. (1) The Governmen t, may by notification in the Official
Gazette establish a Board to be called the Mines Board of
Health, for carrying out the purposes of this Act in any
Mining Settlement specified in such notification.
(2) The said Board shall, by the name of the Mines
Board of Health of the area by reference to which the Mining
Settlement is known, be a body corporate and shall have
perpetual succession and a common seal with power to
hold and acquire property, bo th movable and im movable
and, subject to s uch restrictions as may be pres cribed, to
transfer any such property held by it and to do any other
thing necessary for the purposes of this Act, may sue and
be sued in its corporate name.
5. (1) The Board shall consist of not less than seven or
more than thirteen members of whom-
Formation &
incorporation of
Mines Board of
Health.
Constitution of the
Board.
4 [Act No. XLIV of 1956]
(i) two or such larger number, not exceeding four, as
the Government may determine, shall be elected by owners
of mines within the Mining Settlement or their
representatives;
(ii) two or such larger number, not exceeding four as
the Government may determine, shall be officials nominated
by the Government;
(iii) two or such larger number, not exceed ing f our,
shall be elected by persons employed in the mines within
the Mining Settlement;
(iv) one shall be elected by the other tax payers
residing in the Mining Settlement.
(2) (i) The election of members under this section shall
be made in such manner as may be prescribed;
(ii) Save as otherwise provided in this Act a member
shall hold office for a term of three years:
Provided t hat the Government may, by notification in
the Official Gazette, for sufficient cause which shall be stated
therein, direct that the term of office of the members of the
Board as a whole be extended by such period or periods,
not exceeding one year, as may be specified in the
notification.
(3) (i) If any of the electoral bodies mentioned in
sub-section ( 1) does not elect the required number of
persons to be members of the Board, the Government shall
specify such further period as it may deem fit within w hich
the said electoral body shall elect such members;
(ii) If any of the electoral bodies fail to elect such
persons, the Government shall nominate a person or
[Act No. XLIV of 1956] 5
persons to fill the vacancy or vacancies, as the case may
be, and the person or persons so nominated shall be
deemed to be a member or members duly elected by such
body;
(iii) The term of office of a member elected or
nominated under clauses (i) and (ii) shall expire at the time
at which the term of office of other members expires.
6. (1) The Chairman of the Board shall b e appointed by
the Government, from among the members of the Board.
(2) The Vice -Chairman shall be elected by and from
among the members of the Board in such manner as may
be prescribed.
7. Every election or nomination made under section 5 or
6 shall be forth with notified in the Official Gazette and the
persons elected or nominated shall enter on their respective
offices from the date of such notification.
8. (1) On the recommendation of, or after consulta tion
with the Collector, the Government may remove from the
Board the Chairman or Vice -Chairman or any other non-
official member who—
(a) refuses to act or becomes incapable of acting as
such or has absented himself from t hree consecutive
meetings of the Board and is un able or unwilling to account
satisfactorily for his absence in the case of the Vice -
Chairman or any other member to the Chairman and in the
case of the Chairman to the Collector; or
(b) being a legal practitioner in any legal proceeding
acts or appe ars on beha lf of any person again st the Board
or against the Government in any such proceeding which
relates to any matter in which the Board is or has been
Chairman and
Vice-Chairman.
Notification of
elections and
nominations.
Removal of
Chairman, Vice-
chairman or of
non-official
members from
office.
6 [Act No. XLIV of 1956]
concerned and in which his or his client's interests are
opposed to those of the Board or acts or appears on b ehalf
of any person in any criminal proceeding instituted by or on
behalf of the Board against such person; or
(c) who in the opinion of the Government has so
flagrantly abused in any mann er his position as the
Chairman, Vice-Chairman or member of the Board as to
render his continuance as such detrimental to the public
interest.
(2) No order of removal shall be passed under sub -
section (1) until a reasonable opportunity has been given to
the Chairman, Vice-Chairman or other member, as the case
may be, to furnish an explanation and every such order shall
record the reasons for such removal.
(3) Any removal from office under sub -section (1) shall
disqualify the person so removed for re -election or
nomination to the office from which he is removed for the
period during which but for such removal, he would have
continued to hold that office.
9. No resignation tendered by the Chairman or Vice-
chairman or any other member of the Board shall be valid
until it has been accepted by the Government.
10. Every vacancy in the Board due to the death,
resignation or removal of the Chairman or Vice-Chairman or
any other member of the Board or to his becoming
incapable of acting as such or to his otherwise ceasing to
be such Chairman, Vice -Chairman or member previous to
the expiry of the term of his office shall be filled by election
or nominaiion, as the case may be, of a person thereto who
shall hold office so long only as the Chairman or Vice-
Chairman or other members in whose place he is elected or
Resignation.
Filling up of
casual vacancy.
[Act No. XLIV of 1956] 7
nominated would have held it if the vacancy had not
occurred.
CHAPTER - III.
Subordinate agencies Officers and Servants.
11. The Cha irman may discharge such functi ons and
exercise such powers as are imposed or conferred upon
him by this Act or the ru les and bye -laws made thereunder
or as may, subject to the prescribed restrictions (if any), be
delegated to him by the Board.
12. The Chair man may, subject to the prescri bed
restrictions, by written order, delegate to the Vice -Chairman
or any officer of the Board, all or any of the pow ers or
functions assigned to the Chairman by th is Act or by the
rules made thereunde r, and may, at any time by written
order, withdraw or modify any such order of delegation:
Provided that nothing done by the Vice -Chairman
which might have been done under the authortty of a written
order from the Chairman, shall be invalid for want of, or for
any defect in, such written order, if it be done with the
express or implied consent of the Chairman previously or
subsequenlly obtained.
Officers, Servants and Conditions of Service.
13. Unless otherwise provided in this Act or prescribed
thereunder, the provisions of the Hyderabad Civil Service
Regulations for the time being in force relating to salaries,
leave, pension, travelIing allowance, retirement and other
conditions of service and the rules for the time being in force
relating to the conduct of Government Servants and
enquiries into their con duct and penalty, shall apply to the
officers and servants of the Board.
Powers of
Chairman.
Delegation of
powers to Vice-
chairman, etc.
Application of the
Hyderabad Civil
Service
Regulations and
certain other
Rules.
8 [Act No. XLIV of 1956]
14. Subject to the provisions of this Act, and the rules
made thereunder the Board may appoint such officers and
servants as it s hall deem necessary and proper for the
efficient execution of its duties and shall from time to time
prepare a schedule of the staff to be so maintained setting
forth their designation s, grades, salaries, fees and
aIlowances and their respect ive duties and may also
determine which of the staff is to be maintained permanently
and which temporarily:
Provided that in so setting forth and determining the
grades, salaries, fees and allowances, the Board shal l have
regard to the arrangements prevaili ng and the schedule of
rates in vogue in the establishment of the Government.
15. (1) There shall be constituted for the purposes of this
Act and of any other law for the time being in force
regulating the duties and powers of Municipal Corporations,
Municipalities and District Boards, a 3[Hyderabad area Local
Government Service] consisting of officers and servants.
Such service may include Executive Officers, Medical
officers of Health, Local Government Engineers, Water
Works Engineers, Supervisors, Sanitary Inspectors and
such other posts as may be deemed necessary. The powers
of appointmen t, transfer and dismissal of the officers
belonging to the said service, of taking disciplinary action
against the m and of prescribing conditions of their service
shall vest exclusively in the Government.
(2) Notwithsta nding the provisions contained in
sub-section (1), the Board may, if it deems necessary, by a
resolution recommend to the Government for taking such
disciplinary action as may be required against the Executive
3. Substituted for “Hyderabad Local Government Service” by the Andhra
Pradesh Adaptation of Laws Order (A.P.A.O.), 1957.
Hyderabad area
Local Govt.
service.
Appointment of
officers and
servants.
[Act No. XLIV of 1956] 9
Officer belonging to the said service in respect of any act of
misconduct committed by him:
Provided that two thirds of the total number of
members of the Board vote in favour of such resolution.
(3) There shall be constituted a Local Government
Service Fund to meet the expenditure in respect of salaries,
allowances, pensions, provident fund, gratuities and other
necessary expenses payable to the officers of such service
under the provisions of this Act or any other law for the time
being in force or the rules made thereu nder or un der any
orders of the Government.
(4) Each Board shall contribute 12 1/2 per cent of its
revenue towards the Local Government Service Fund
constituted under sub-section (3):
Provided that the Government may from time to time
by notification in the Official Gazette revise or alter the
percentage of such contribution.
16. (1) The Government may appoint for the purposes of
this Act and of the laws for the time being in force regulating
the duties and powers of the Municipal Corporations, District
Boards and Municipal and Town Committees duly qualified
persons to be Superintending Engineers, Divisional
Engineers, Town Planning Officers, Architects or Inspecting
or other officers for the whole or any part of 4[the area to
which this Act extends] and may sanction such establish -
ment for the said officers as may be deemed necessary.
(2) The officers and establishment a ppointed under
sub-section (1 ) shall belong to the Local Government
4. Substituted for the words “the State” by the A.P.A.O., 1957.
Appointment of
Technical and
Inspecting
officers.
10 [Act No. XLIV of 1956]
Service and their expenses shall be defrayed from the Local
Government Service Fund constituted under section 15.
(3) The powers and duties of the officers ment ioned in
sub-section (1) and their conditions of service shall be such
as may be prescribed.
17. The power of dismissing any officer or servant
maintained by a B oard, save those borne on the
5[Hyderabad area] Local Government Service Cadre shall,
subject to the provisions of this A ct and the rules made
thereunder, vest in the Board.
18. Notwithstanding anything contained in this Chapter,
the Government shall have power to transfer any officer or
servant of one Board to the service of another Board or any
District Board constituted under 6[the Telangana District
Boards Act, 1955], or any Municipality constituted under
7[the Andhra Pradesh (Telangana Area) District
Municipalities Act, 1956] or any Corporation constituted
under the 8[Greater] Hyderabad Municipal Corporation Act,
1955 or any other local body:
Provided that such power shall be exercised after
consulting the local bodies concerned.
19. (1) The Government may appoint an Executive Officer
for a Mining Settlement, who shall, subject to the provisions
of this Act and the rules and bye -laws made thereunder be
directly responsible for carrying out the purposes of this Act:
5. Substituted for the word “Hyderabad” by the A.P.A.O., 1957.
6. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
7. This Act XVII of 1956 was repealed, except Chapter XIV , by Act No.6
of 1965.
8. The word „Greater‟ inserted by Act No.13 of 2008.
Appointment of
Executive officer,
Medical Officer of
Health and
Sanitary
Inspectors, etc.
Punishment and
dismissal of the
employees.
Power of
Government to
transfer officers
and servants of
Board.
Act I of 1956.
Act XVIII of 1956.
[Act No. XLIV of 1956] 11
Provided that in case no ExecutIve Officer is appointed
for a Mining Settlement, the Medical Officer of Health
appointed under sub-section (2) shall be deemed to be the
Executive Officer of that Mining Settlement.
(2) The Go vernment may appoint for a Mining
Settlement or any part thereof a Medical Officer of Health
and Sanitary Inspector or such other officer as it may, on the
recommendation of the Board, o r otherwise, consider
necessary.
20. (1) Every officer appointed under section 19 shall be
subordinate to the Board and shall, within the area for which
he has been appointed, exercise and perform the powers
and duties conferred and imposed on him by this Act and
the rules made thereunder, and, subject to the control of the
Board, such other powers and duties consistent with the
objects of this Act as the Government may, by general or
special order, direct, or as may be delegated to him by the
Board.
(2) Ever y officer appointed under section 19 may,
within the Mining Settlement or part thereof for which he has
been appointed-
(a) make such inquiries as he may think fit in order to
ascertain whether the provisions of this Act and of the rules
and orders made thereunder are observed;
(b) enter, with such assistants (if any) , as he may think
fit, and inspect such Settlement or part thereof at all
reasonable times by day or by night;
(c) make inquiries respecting the sanitary and housing
condition of such Settlement or part thereof;
Powers and
duties of officers.
12 [Act No. XLIV of 1956]
(d) do all things necessary for the due discharge of the
duties imposed upon him by or under this Act.
21. Every member of the Board and every Officer and
servant maintained by or emplo yed under the Board shall
be deemed to be a public servant wit hin the meaning of
section 21 of the Indian Penal Code.
CHAPTER - IV.
Conduct of Business.
22. The provlsions of 9[the Andhra Pradesh (Telangana
Area) District Municipalities Act, 1956] shall be followed , so
far as may be, for holding meetings of the Board and the
procedure to be adopted in such meetings.
23. No act of the Board or of any person acting as
Chairman, Vice-Chairman or member thereof shall be
deemed to be invalid by reason only of some defect in the
appointment of such Board or the e lection or appointment
of such Chairman, Vice-Chairman or member or on the
ground that they or a ny of them were disqualffied for such
office or that formal notice of the intention to hold a meeting
of the Board was not duly given or on account of any
vacancy in the Board or for any other informality.
CHAPTER - V.
Duties of the Owners, Agents and Managers of Mines and of
Owners and Occupiers of Lands or Buildings, and powers of
the Board.
24. Every owner of a mine within a Mining Settlement shall
provide for labourers employed in the mine such house
accommodation, water supply and sanitary arrangemen ts
9. The Act XVII is repealed, except Chapter XIV, by Act 6 of 1965.
Members,
Officers, etc., to
be public
servants.
Procedure in
meetings of
Board.
Act XVIII of 1956.
Vacancy or
irregularity not to
invalidate
proceeding.
Mine owner to
provide house
accommodation,
etc., for labourers.
[Act No. XLIV of 1956] 13
and medical assistance as the Board may, by bye-laws
require.
25. Every owner, agent and m anager of a mine in which
are employed persons residing in any Mining Settlement
and every owner or occupier of any land or buil ding within
such Settlement shall furnish the Medical Officer of Health or
Sanitary Inspector or any othe r competent officer appointed
under section 19, on requisition with all reasonable facilities
for entering upon any premises or land and making any
inspection, examination or inquiry under thi s Act in relation
to the sanitary and housing condition of such Settlement.
26. Subject to the prescribed restrictions, the Board may
undertake such measures as it considers necessary, on the
recommendation of the Medical Officer of Health or
otherwise,-
(i) to provide for the supply of wholesome water;
(ii) to provide for sanitation, drainage or conservancy;
(iii) to prevent the outbreak and spread of epidemic
disease;
(iv) to provide for and regulate the housing of
residents, whether permanent or temporary;
(v) to provide for the proper treatment of the sick, the
establishment and maintenance of hospitals and
dispensaries, and the entertainment of a medical staff;
(vi) for furthering educational objects;
(vii) generally to carry out the purposes of this Act.
Facilities to be
afforded to
officers.
Power to execute
measures.
14 [Act No. XLIV of 1956]
27. (1) If the Board is satisfied that it is necessary that
measures should be taken for any of the purposes specified
in section 26 in any part of the Mining Settlement and that
the necessity for such measures is distinctly referable to any
act or omission in respect of his property on the part of the
owner of any mine in which are employed persons resident
in the Mining Settlement, the Board may, by a notice
specifying the measures to be taken, require such owner at
his own cost-
(i) to execute, within a period to be fixed in the notice,
all works which the Board may consider nece ssary for
carrying such measures into effect, and to maintain in good
repair all works so executed;
(ii) to carry on such continuous or periodical
operations as the Board may direct, for carrying such
measures into effect.
(2) If the Board is satisfied that in order to prevent or
abate a nuisance affecting the public health it is necess ary
that any owner or occupier o f any land or building in any
part of the Mining Settlement should take certain order with
any property belonging to him or in his possession or under
his managemen t, the Board may by notice require such
person to take such order at his own cost.
(3) If in any of the cases referred to in the two foregoing
sub-sections the Board is satisfied that immediate remedy is
necessary, the Board may, for reasons to be recorded, by a
notice specifying the measures to be taken and the
estimated cost thereof (if any), declare its intention of itself
executing and maintaining any such work or carrying on any
such operations or taking such order at the cost of such
owner of mine or owner or occupier of land or building.
Power to require
owner of mine
and others to
execute
measures.
[Act No. XLIV of 1956] 15
28. Any person who is required by a notice under
sub-section ( 1) or (2) of section 27 to do anything may
prefer an objection in writing t o the Board within five days
from the date of service of the notice and the Board shall,
after considering the obje ction, record an o rder
withdrawing, modifying or making absolute the requisition
against which the obje ction is preferred; or substitut ing for
such requisition a declaration under sub -section (3) of
section 27, if the Board, for reasons to be recorded, is
satisfied that immediate remedy is necessary.
29. If any w ork required by a notice under sub -section (1)
of section 27 be not executed, or if the order required to be
taken under sub -section (2) of section 27 be not tak en, to
the satisfaction of the Board, within the period fixed by the
notice or within such further period (if any) as may be
allowed by the Board, or if any work executed in pursuance
of a notice under sub -section (1 ) of section 27 be not
maintained in repair to the satisfaction of the Board, or if any
operations required by any such notice be not carried on to
the satisfaction of the Board, or, in any case in which a
declaration has been made under sub-section (3) of section
27, the Board may cause such wo rk or operations to be
carried out or such order to be taken or repairs effected, and
the cost therein incurred shall be recoverable from the
defaulter as a tax payable to the Board.
30. Any person aggrieved by an order passed under
section 28 or by a declaration under sub -section (3) of
section 27 may appeal to the District Judge, within whose
jurisdiction the Mining Settlement is situated, within thirty
days from the date of such order or declaration.
Objection against
requisition.
Power to execute
on default of
owner.
Appeal from
orders under
section 27 (3) or
28.
16 [Act No. XLIV of 1956]
CHAPTER VI.
Revenue and Expenditure.
31. For every Mining Settlement there shall be formed a
fund to be ca lled “The Mining Settlement Fund ” of the area
by reference to which the Mining Settlement is known. This
fund shall be vested in the Board and there shall be placed
to the credit thereof in a district or sub -divisional treasury or
in bank or its branch used as a Government treasury—
(a) all sums charged and recovered by the Board
under this Act and the rules and bye-laws made thereunder;
(b) all rents and profits accruing from properties and
utility services acquired or maintained by the Board out of
the Mining settlement Fund or any other fund;
(c) all grants and contribut ions made by the
Government, or by any local authority, association or private
individual;
(d) all sums realised as costs, fees, fines, penalties or
otherwise under this Act, or r ules or bye -laws made
thereunder.
32. (1) The Board shall set apart and apply annua lly out of
the Mining Settlement Fund-
(a) firstly, such sum as may be required for the
payment of any amount s falling due on any loan legally
contracted by it;
(b) secondly, such sum as may be required to meet
the expenditure on account of its own establishment un der
section 14 and the contribut ion made towards the Local
Government Service under section 15; and
The Mining
Settlement Fund.
Application of the
mining settlement
fund.
[Act No. XLIV of 1956] 17
(c) thirdly, the cost of the construct ion and
maintenance of buildings used for the offices of the Board.
(2) Subject to the payment of the expenditure charged
under sub-section (1), the Mining Settlement Fund shall be
applicable only to the payment of expenses incur red by the
Board for the purposes of this Act and the rules and bye -
laws made thereund er and al so to the following purposes,
namely-
(a) the payment to members of the Board of daily
allowances fo r attending meetings of th e Board and of
expenses incurred in travelling for the purposes of the
business of the Board at such rates as may be prescribed;
(b) th e payment of compensat ion to any person
sustaining any damage by reason of the exercise of any
power vested in the Board, its members, officers or
servants, under this Act; and
(c)with the p revious sanction of the Gove rnment
payment of any other expenditure for the purpose of the
Mining Settlement.
33. (1) Every year the Board shall, on or before a date fixed
by the Government in this behalf, prepare and forward
annual budget estimates of income and expen diture to the
Government through the Collector for sanction.
(2) The Government, before sanctioning the estimates
may after referring the estimates back to the Board or
without such reference, make such changes there in as it
may deem necessary.
(3) The Government may from time to time issue
necessary directions to the Board regarding prepara tion of
annual budget estimates.
Annual Budget
Estimates.
18 [Act No. XLIV of 1956]
34. (1) The Board shall keep such accounts and submit
such statements to the Government as may be prescribed.
(2) The account of the receipts and expenditure of the
Board shall be maintained upto the last day of every
financial year in such form as may be prescribed. The
annual accounts under this sub -section and the accounts
kept under sub -section (1) shall be examined and audited,
as soon as may be, after th e end of each financial year by
such person as the Government may appoint in this behalf.
(3) An abstract of every annual account of the Board,
showing the income of the Mining Settlement Fund under
each head of receipts, the charges for estab lishment, the
works undertaken, the sum expended on each work, the
balance, if any, of the Fund remaining u nspent, and such
other in formation as may be required by the rules made
under this Act shall be prepared by the Board in such form
or forms as may be prescribed, and forwarded to the
Government not later than the 15th day of the first month of
the next fin ancial year and published annually in such
manner if any, as may be prescribed.
CHAPTER VII.
Taxation.
35. 10[XXX]
36. The Board may, with the previous sanction of the
Government, impose, in the whole or any part of the Mining
Settlement, 11[any of the following taxes ] at such rates and
from such date or dates as the Government may determine,
namely:-
10. Section 35 omitted by Act No.14 of 1975.
11. Substituted by Act No.14 of 1975.
Amounts.
Other taxes.
[Act No. XLIV of 1956] 19
(a) property tax;
(b) profession tax;
(c) vehicle and animal tax;
(d) tolls;
(e) general water tax;
(f) pilgrim tax;
(g) tax on public entertainments and amusements;
(h) tax on transfer of immovable property;
(i) tax on advertisemen ts other than adverti sements
published in newspapers;
(j) such other taxes as the Board may impose with the
approval of the Government.
12[XXX]
37. Subject to such rules as may be prescribed, the Board
may collect the following fees:-
(a) market fees for the right to exhibit goods for sale in
any public market or in any place belonging to or under the
control of the Government or of the Board, or for the use of
any building or structure therein;
(b) fees for the registraiion of animals sold within the
Mining Settlement;
12. Proviso omitted by Act No.14 of 1975.
Fees, etc.
20 [Act No. XLIV of 1956]
(c) fees for animals brought for slaughter in the Board's
slaughter houses.
38. With the previous sanction of the Govern ment and
subject to such rules as may be prescribed the Board may
levy and collect fees for the supply of water through private
pipe connections.
39. If any licence is granted by the Board under this Act or
the r ules or bye -laws made thereunder , or if permission is
given by the Board for making any tempor ary occupation of
any public street, the Board, or any person generally or
specially authorised by it in this behalf, may charge a fee for
such licence or permission.
40. The Board, or any person generally or specially
authorised by it in this behal f, may collect such rent or fees
as may be fixed by rules or bye-laws made under this Act for
the use of any building owned, or controlled by the Board.
41. The taxes, fees and other imposts levied under this Act
or any amount due to the Board under a contrac t,
agreement, lease, auction, security, or indemnity bond, or
any other money due to the Board under this Act or the
rules or bye -laws made thereunder shall save as otherwise
provided under this Act, be imposed, assessed and
collected, so far as may be, in the manner provided for in
13the Andhra Pradesh (Telangana Area) District
Municipaltities Act,1956 and the rules made thereunder.
13. This Act was repealed, except Chapter XIV, by Act No.6 of 1965.
Water pipe
connection fee.
Power to charge
fees for licence.
Power to charge
rent or fees for the
use of buildings
or lands.
Imposition,
assessment and
collection of
taxes, fees, etc.
[Act No. XLIV of 1956] 21
CHAPTER VIII.
Supervision.
42. (1) The Government or any officer not below the rank
of a Collector duly authorised by Government in this behalf
may-
(a) inspect or cause to be inspected any immovable
property or any work in progress under the control and
management of any Board;
(b) call for any extract from the proceedings of the
Board or any Committee appointed by the Board and call
for or inspect any book or document in the possession of or
under the control of the Board or Committee;
(c) require the Board or any officer of t he Board or a
Committee of the Board to furnish any return, plan, estimate,
statement, account or report or an y other information or
statistics which he may consider necessary;
(d) require the Board to take into consideration,-
(i) any objection which appears to exist to the doing
of anything which is about to be done by such Board; or
(ii) any information furnished by the Government or
the sa id officer which necessitates th e doing of a certain
thing by such Board and to make a written reply in respect
thereof within a reasonable time stating its reasons for doing
or not doing such thing.
(2) (a) Where the Government or the Officer re ferred to
in sub -section (1) is of opinion that the execution of any
resolution or order passed by the Board or the doing of any
act which is about to be done or is being done by or on
behalf of the Board is in contravention of or in excess of
Power of
Inspection, etc.
22 [Act No. XLIV of 1956]
powers conferred by this Act or any law for the time being in
force or is likely to lead to a breach of peace, the
Government or the said officer may by order in writing
suspend the execution of such r esolution or order or
prohibit the doing of any such act:
Provided that before suspen ding such resolution
under this clause the Gov ernment or the said Officer shall
communicate to t he Board the grounds for such
suspension, fix a reasonable period for the Board to show
cause against the proposal and consider its explanation and
objection, if any;
(b) a copy of such order shall forthwith be sent to the
Board by the Government or the said Officer;
(c) the Government or the said Officer may at any
time on repre sentation by the Board or other wise revise,
modify or revoke any order passed under clause (a).
(3) If it appears to the Officer referred to in sub-section
(1) that the Executive Officer or any other officer of the
Board has made default in carrying out any resolution of the
Board he shall after giving such officer a reasonable
opportunity of explanation, send a report thereon t ogether
with the explanation, if any, of such officer to the
Government and at the same time forward a copy of the
same to the Board.
43. (1) Where the Government is informed on a complaint
or otherwise that a Board has ma de default in performing
any duty imposed on it by or under this Act or by or under
any enactment for the time being in force, the Government if
satisfied after such enquiry as it thinks fit, that the Board has
been guilty of the alleged default, may direct the
performance of that duty within such period as may be fixed
therefor:
Power of
Government to
provide for
performance of
duties in default of
the Board.
[Act No. XLIV of 1956] 23
Provided that no such period shall be fixed unless the
Board has bee n given an opportunity to show cause why
such orders shall not be made.
(2) If the duty referred to in sub-section (1) is not
performed within the period fixed therefor, the Government
may appoint a person to perform it, and may direct that the
expenses of performing it, with a reasonable remuneration
to the person appointed to perform it, shall be forthwith paid
by the Board.
(3) If the expense and remuneration are not so paid,
the Government may make an order directing the officer-in-
charge of the tr easury or bank in which the Min ing
Settlement Fund is kept or the whole or a portion thereof is
deposited or lent on interest, to pay such expense and
remuneration from such moneys as may be standing to the
credit of the Board in such treasury or bank or as may from
time to time be received from or on behalf of the Board by
way of deposit by such treasury or bank, and such officer or
bank sh all be bound to obey such order . Every payment
made pursuant to such orders shall be sufficient discharge
to such officer or bank from all liability to the Board in
respect of any sum or sums so paid out of the money so
received or standing to the credit of the Board in such
treasury or bank.
44. (1) If in the opinion of the Governme nt, the Board
persistently makes default in performing the duties im posed
on it by or under this Act or any other law for the time being
in force or exceeds or abuses its powers or a situation exists
in which the administration of the Board cannot be carried
on in accordance with the provisions of this Act or the
financial stability or credit of the Board is threatened, it may,
by, notification published in the Official Gazette direct that
the Board be dissolved and reconstitu ted. The notification
Dissolution and
reconstitution of
Board.
24 [Act No. XLIV of 1956]
shall specify the time within which the Board shall be so
reconstituted:
Provided that, for the purpose of completing the
election and nomination of members to the Board which has
been dissolved, the Government may from time to time ,
extend the period fixed under this sub -section for a further
period not exceeding six months.
(2) Before publishing a notificati on under sub -section
(1) the Gover nment shall communicat e to the Board
concerned the grounds on which they propose to do so , fix
a reasonable period for the Board to show cause against the
proposal and consider the explanations and objections, if
any, of such Board.
(3) Upon publication of such notification all members of
the Board including the Chairman and the Vice -Chairman
shall forthwith be deemed to have vacated their offices as
such and fresh election and nominat ion of persons to be
members of the Board shall be made in accordance with the
provisions of this Act.
(4) The term of office of the elected and nomi nated
members of the reconstituted Board or the members
elected or nominated in their places at casual vacancie s
shall expire on such date as the Government may fix.
(5) During the period be tween the dissolution and the
reconstitution of the Board under sub -section (1) all or any
of the powers of the Board and of the Chairman may be
exercised and discharged, as the Government may
determine, by such person or persons as the Government
may appoint in that behalf and any such person who is not a
Collector or Deputy Collector may, if the Government so
directs receive such payment for his service, as the
Government thinks fit.
[Act No. XLIV of 1956] 25
(6) Where the Board is dissolved the Government until
the date of recon stitution thereof and the reconstituted
Board thereafte r, shall be entitled to all the assets and be
subject to all the liabilities of the Board as on the date of
dissolution and on the date of the reconstitution,
respectively.
CHAPTER IX.
Miscellaneous.
45. (1) No appeal shall lie against any order made under
this Act or any rules or bye -laws made thereunder except as
provided for in this Act or such rules or bye-laws.
(2) An appeal may be admitted after the period
prescribed therefor under this Act or the rules or bye -laws
made thereunde r, if the appellant satisfied the appellate
authortty that he has sufficient cause for not preferring the
appeal within such period.
(3) In every appeal the appellate authori ty may award
costs in his discretion. Costs awarded to a Board sh all be
recoverable by the Board as though they were arrears of
land revenue due from the appellant. If the Board fails to pay
any costs awarded to an appellant within thirty days after
the date of the ordExcerpt shown. Open the full act in Lexace.