The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987

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The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act was established on a fine day of 23rd May 1987. This Act has been specially enacted to drop out concession in mining and continue it as a mining lease. This Act provides First and Second Schedule. This Act was incorporated to regulate the mining operations in Goa, Daman and Diu and for the development of minerals under the control of the Union Territory and such other matter in connected to it.

All Mining concessions specified in the First Schedule and Second Schedule with its corresponding entry in the eighth column has been abolished and will be continued to mining lease as granted under the Mining and Minerals (Regulation and Development) Act, 1957. The provision of that Act shall be applicable to the mining lease as specified in this Act.

In case of any error, omission, mis-description etc, on mining concession or any name and residence of the concession holders as specified in the First Schedule and Second Schedule shall be corrected with a notification and the Schedules have to be amended accordingly even after the Central Government giving Sanctions.

   In case of mining concession deemed to be proceeded with mining lease, the concession holders turned to mining lease with a condition that the period of such lease should be within six months from the date of assent by the Central Government. In case of any expiry of lease, upon application such lease may be renewed.

In matter relating to payment of amounts, instead of paying under second column of First and Second Schedule in cash and also a Simple Interest of four percent by the Central Government, now as per Section 4 the amount equalant to be paid in its corresponding entry in eighth column in First Schedule and ninth Schedule.

In order to distribute such amounts to the concession holders, the Central Government shall appoint such other person as may be deems fit as Commissioner of Payment and a person to assist him. In turn the commissioner shall appoint one or more person to delegate them his different act performed under this Act. Such appointed person shall perform their duty as though they are appointed based on this Act rather than just by authorization of the Commissioner. The salaries and other benefits to the Commissioner and other person shall be distributed from the consolidated fund of India.

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The Central Government shall, within thirty days from the date specified shall transfer such amount payable to the concession holders with Interests as specified in this Act. The Commissioner of Payment shall maintain such deposit account that is opened in favour of him by the Central Government, in the Public Account of India. The Commissioner should maintain proper record on amount paid to every concession holders and should maintain all concession holder’s account.

The Concession holders have the rights to claim before the Commissioner for payment as specified in this Act. Such claim has to be made within thirty days from the specified date and the Commissioner has rights to see the genuineness of the claim before fulfilling such claim. The Commissioner shall fix a date within such thirty days and provide minimum fourteen days notice to file the proof of claim. Even an advertisement shall be made in both English and regional language news papers. In case if the claimant fails to file the proof then his distribution of amount shall not be preceded. The Commissioner shall after such examination shall provide in writing or reject such claim.

 The Commissioner shall have the powers to regulate its own issues scrutinizing the matter with the powers as that of Civil Procedure Code, 1908. The Commissioner shall perform his investigations as that of a judicial proceeding under Indian Penal Code, 1860 and as per Code of Criminal Procedure, 1973.

In case if anybody aggrieved or dissatisfied with the Order of the Commissioner shall Appeal in the Principal District Courts having original jurisdiction, on whose local jurisdiction the mine situated. The Central Government’s liability shall be discharged when the amount paid to the claimant on due by the Commissioner. In case of any doubt in taking the decision the matter shall be referred to the Court upon whom the amount shall be distributed. The Commissioner after paying the amount for three years, the remaining amount shall be transferred to the revenue account of the Central Government. In case of any claim admitted the amount shall be refunded from the revenue account.

This Act proceed with the miscellaneous provisions containing certain amendments in Mines and Minerals Act, provisions containing penalties for Offences and matters regarding powers and its validation. It also followed with First and Second Schedules. Though this Act seems to be precise and well structured always there arise a lacuna here and there due to improper handling and inefficient performance by the Officers as well as the illegal motive of the claimants and concession holders due to which even now several mining leases are being cancelled.

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by C.Srivenkatesh Prabhu.