Amendment status not verified — confirm the current text below against the official source.
(1) The Government reserves the right, in respect of every land to and over the foreshore, quarries, mines, stone, slate, chalk clay, precious stones, gold washing, coal and other minerals and mineral oils and also to all stream water courses and public thoroughfares within or traversing the said lands or any part thereof, unless any or all of them are expressly specified for alienation in any instrument made by the Government. (2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, Prohibiting of cutting of certain trees Abadi Government’s title to minerals 44 1 of 1894 including the erection of offices, workmen’s dwellings, machinery, the stacking of minerals and deposit of refuse, the construction of roads or tram-lines and any other purposes which the Government may declare to be subsidiary to mining and quarrying. * (2) (a) “The Government may assign to any person, its right over any minerals, mines or quarries and the Chief Commissioner may with the previous approval of the Government assign to any person the right of the Government over minor minerals. Explanation- In this sub-section, the expression “minor minerals” has the same meaning assigned to it in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957.” ** (3) If the Government or the Chief Commissioner has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right it is necessary that all or any of the power specified in sub-section (2) should be exercised, the Deputy Commissioner may, by order in writing and subject to such conditions and reservations as he may specify, authorise the person to whom such right has been assigned to exercise such powers: ** (4) If, in the exercise of any right over any land under this section, the rights of any person are infringed by the occupation or disturbance of such land, the Government or the Chief Commissioner or the assignee shall pay to such person compensation for such infringement and the amount of such compensation shall be calculated by the Sub-Divisional Officer, or if is award is not accepted, by the civil court, as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894 ** (5) If an assignee fails to pay compensation as provided in sub- section (4), the Deputy Commissioner may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue ** (6) If any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in the Government and has not been assigned to him by, the Government or the Chief Commissioner, such person shall, without prejudice to any other action that may be taken against him, be liable on the Exceeding a sum calculated at double the market value of the minerals so extracted or removed: Provided that if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Deputy Commissioner may impose. ** (7) Without prejudice to the provisions of sub-section (6). the Deputy Commissioner may seize and confiscate any mineral extracted or removed from any mine or quarry the right to which vests in, the Government and has not been assigned by, the Government or the Chief Commissioner. __________________________________________________________ * Sub-section 2(a) inserted vide Notification No. 128/F.No. 52-3/76-J.I dated 24-7-76. ** Sub-section 3, 4, 5, 6 and 7 of section 201 of Principal Regulation are amended vide Notification No. 128/F.No. 52 3/76 JIdt. 24-7-76. 45 Penalty of unauthorized occupation of land Penalty of contravention of provisions