Bare ActsThe Nagaland (Ownership & Transfer of Land and its Resources Act,1990

Section 21

Amendment status not verified — confirm the current text below against the official source.

(1) Where the State Government is of opinion that for the conservation and development of any mineral in the State it is necessary to collect as precise information as possible with regard to any mineral available in or under any land in relation to which any prospecting licence or mining lease has been granted, the State Government may authorize the Geological Survey of India or such authority or agency as it may specify in this behalf to carry out such detailed investigations for the purpose of obtaining such information as may be necessary. (2) On the issue of an authorization under Sub-section (1), it shall he lawful for the Geological Survey of India or the specified authority or agency and its servants and workmen. (a) to enter upon such land, (b) to dig or bore into the sub-soil, (c) to do all other Acts necessary to determine the extent of any mineral available in or under such land, (d) to set out boundaries of the land in which any mineral is expected to be found, (e) to mark such boundaries and line by placing marks. (f) where otherwise the survey cannot be completed on the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; Provided that no such authority or agency shall enter into any building or upon any enclosed courtyard or garden attached to the dwelling house (except with the consent of the occupier thereof) without previously giving such occupier atleast seven days’ notice in writing of its intention to do so, (3) Whenever any action of the nature specified in Sub-section (2) is to he taken, the State Government shall, before or at the time when such action in taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it would be paid or tendered, the State Government shall refer the dispute to such authority as is empowered to exercise the functions or the principal civil court of original jurisdiction over the land in question. (4) The fact that there exists any such dispute as is referred to in Sub-sections (3) shall not be a bar to the taking of any action under Sub-section (2) (5) After the completion of the investigation, the Geological Survey of India or the specified authority or agency by which the investigation was made shall submit to the State Government a detailed report indicating therein the extent and nature of any mineral which lies deposited in or under the land. (6) The costs of investigation made under this section shall be borne by the State Government. Provided that where the State Government or other person in whom the minerals are vested or the holder of any prospecting licence or mining lease applies to the State Government to furnish to him a copy of the report submitted under Sub-section (5), the State Government or other person or the holder of a prospecting licence or mining lease, as the case may be, shall bear such reasonable part of the costs of investigation as the State Government may specify in this behalf and shall, on payment of such part of the costs of investigation, be entitled to receive form the State Government a true copy of the report submitted to it under Sub- section (5). CHAPTER VII OBLIGATIONS OF HOLDER OF PROSPECTING LICENCES AND MINING LEASES Notice to be given of prospecting or mining operations

Section 21 – The Nagaland (Ownership & Transfer of Land and its Resources Act,1990 | DailyLaw.ai