Amendment status not verified — confirm the current text below against the official source.
(1) All leases of mines and minerals in a notified area granted by an intermediary and subsisting nes or minerals. Immediately before the date of vesting shall, with effect from such date , be deemed to have been granted by the State Government to the holder of the said subsisting lease on the same terms and conditions ad of the subsisting lease 3[ , so, however, that --- (ai) rights in hats and bazaars not in the khas possession of the holder of the lease and lands comprising forests, if any, shall be excluded from such lease ;] (i) in cases where the holder of the lease had not in the opinion of the State Government done any prospecting or development work before ther date of vesting,---- that he shall ---------------------------------------------------------------------------------------------------------------------------- 1The words “(including sub-soil rights therein)” were omitted by s, 14(1) of the West Bengal Estates Acquisition (Amendment) Act, 1961(West Ben. Act IX of 1961). 2These words within the square brackets were inserted by s. 14(2) , ibid. 3These words within the square brackets were substituted for the words “with the additional condition” by s. 15(1), ibid….. 43 Page. …..39. ( Chapter IV. --- Mines and Minerals ---- Section 30.) be allowed one year’s time from the date of vesting, to begin prospecting or development work, and 1[if, in the opinion of the State Government , he has failed to do so] the State Government shall be entitl3ed to terminate the lease at any time after the expiry of such period giving three months, notice in writing, unless sufficient cause is shown to the satisfaction of the State Government; (ii) in other cases,--- that if the holder of the lease has developed or done any prospecting work in respect of any part of the land I ncluded in the lease byt has, in the opinion of the State Government , failed to do any prospecting or development work within three years from the date of vesting in respect of the remaining part of the land included in the lease, the State Government shall be entitled to resume the whole or any protion of such remaining part of the land together with the minerals laying there under , after giving three months’ notice in writing , but in so resuming, the State Government shall have regard to the to the reasons for such failure and to the requirements, as appear to it to be reasonable , for the future development of the mining concern of the lease : Provided that nothing in this sub-section shall prevent any modifications being made in the terms and conditions of the said lease consistent with the provisions of any Central Act for the time being in force regulating the modifications of existing mining leases. (2) Where in pursuance of additional conditions mentioned in sub-section (1), any lease of mines and minerals is terminated by the State Government under clause (i) of sub-section (1) of any land is resimed by the State Government under clause (ii) of that sub-section , the lessee shall be entitled to compensation calculated in accordance with the principles laid down in section 32, ad far as they are applicable, together with an amount not exceeding what hs been expended by the lessee in works or operations connected with such lease or such resumed land included in the lease, less the value of any asets used or employed by him I n such connection taken away by him. visions for lands 30. Were any land is deemed to have been leased by the State Government to an intermediary under mpreised in works section 28 or where a lease is deemed to have been granted by the State Government under section 29 ildings etc. to the holder of a subsisting lease, any land not included in such lease, ---------------------------------------------------------------------------------------------------------------------------- 1These words within the square brackets were substituted for the words,”if he fails to do so” by s. 15(2) of the West Bengal Estates Acquisition (Amendment) Act. 1961 (West Ben. Act IX of 1961). Page. …. 40. 44 ( Chapter IV. ---- Mines and Minerals..---- Sections 31 ,32.) which v3ests in the State by the operation of this Act and is in the use or occupation of the lessee for purposes connected with the working of any mine or the extraction of any minerals, including the land comprised in any works, buildings, machinery, tramways, siding, roads, streets or thoroughfares, connected with such purpose, shall be deemed to have been included in such lease with effect from the date of vesting 1[ subject to the payment of rent at the rate of rupees forty-five per 0.4047 hectare per annum unless a fifferent amount is agreed upon between the State Government and the intermediary or the lessee.] mpensation