The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982

1. (1) This Act may be called the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982.
2. (2) It shall be deemed to have come into force on the 8th December, 1981.

In the Bombay Land Revenue Code, 1879,—

1. (1) in section 69—
   • (b) the proviso shall be and shall be deemed always to have been deleted, with effect from 1st day, 1980;
2. (2) in section 69, in its application to the taluqdari lands, the words "or taluqdari" shall be and shall be deemed always to have been deleted;
3. (3) after section 69, the following section shall be and shall be deemed always to have been inserted with effect from 1st day, 1980, namely:— "69A.
4. (1) Notwithstanding anything contained in any custom, usage, grant, sanad or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority, with effect on and from the 1st May, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
5. (2) The rights of the Government to mines and mineral products in land reserved under section 69 or the rights of the Government to mines, minerals or quarries vested under sub-section
6. (1) includes the right of access to land for the purposes of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
7. (3) If the State Government assigns to any person its rights over any mines, minerals, quarries or mineral products, and if for the enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
8. (1) and
9. (2) be exercised, the Collector may, by an order in writing subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned.
10. (4) Any occupant, whose rights to mines, minerals or quarries in any land, existing immediately before the 1st May, 1960 have vested in the State Government on that date under sub-section (1), shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the occupant in respect of the mines and mineral products during the three years immediately preceding the date of vesting. (5)
    • (a) Any occupant entitled to compensation under sub-section
11. (4) may apply to the Collector for such compensation in the form prescribed in this behalf by the State Government.
    • (b) Such application shall be made within twelve months from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed by the State Government.
    • (c) The Collector shall after holding such inquiry (including giving opportunity of being heard) as he thinks necessary, determine the amount of compensation and the provisions of sections 9, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894 shall, so far as may be, apply to the proceedings held by the Collector in this behalf.
    • (d) The decision of the Collector determining the amount of compensation shall be final.
    • (e) The amount of compensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment.".

"69A.

1. (1) Notwithstanding anything contained in any custom, usage, grant, sanad or letter or agreement, or any law for the time being in force, or in any judgment, decree or order of a Court or of other authority, with effect on and from the 1st May, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
2. (2) The rights of the Government to mines and mineral products in land reserved under section 69 or the rights of the Government to mines, minerals or quarries vested under sub-section
3. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
4. (3) If the State Government assigns to any person its rights over any mines, minerals, quarries or mineral products, and if for the enjoyment of such rights, it is necessary that all or any of the powers specified in sub-sections
5. (1) and
6. (2) be exercised, the Collector may, by an order in writing subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned.
7. (4) Any occupant, whose rights to any mine, minerals or quarries in any land, existing immediately before the 1st May, 1960 have vested in the State Government on that date under sub-section (1), shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the occupant in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
   • (a) Any person entitled to compensation under sub-section
8. (4) may apply to the Collector for such compensation in the form prescribed in this behalf by the State Government.
   • (b) Such application shall be made within twelve months from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed by the State Government.
   • (c) The Collector shall after making such inquiry (including giving the applicant an opportunity of being heard) as he thinks necessary, determine the amount of compensation and the provisions of sections 3, 4, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894 shall, so far as may be, apply to the proceedings held by the Collector in this behalf.
   • (d) The decision of the Collector determining the amount of compensation shall be final and an award shall be made by the Collector accordingly.
   • (e) The amount of compensation payable under this section shall be paid with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment.". 3. Amendments in Bom. LXVII of 1948
9. (1) the Bombay Taluqdari Tenure Abolition Act, 1949,-
   • (b) in section 6, the existing Explanation shall be and shall be deemed always to have been renumbered as Explanation I and after the Explanation so renumbered, the following Explanation shall be and shall be deemed always to have been inserted, namely :- "Explanation II.-For the purposes of this section waste land means land unfit for cultivation and includes-
   • (a) land on which grass grows naturally,
   • (b) land in which there exist any mines, whether being worked or not, any minerals, whether discovered or not and any quarries, whether being worked or not.";
10. (2) after section 6, the following section shall be and shall be deemed always to have been inserted, namely :- "6A.
11. (1) Notwithstanding anything contained in any custom, usage, grant, sanad, or order or agreement or any law for the time being in force, or in any judgment, decree or order of court or of other authority with effect on and from the date on which this Act comes into force all mines whether being worked or not and all minerals whether discovered or not and all quarries which are situate within the limits of any taluqdari land, granted or recognised under any contract, grant or law for the time being in force or decree of a court shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
12. (2) The rights of the Government to mines, minerals and quarries in land vested under sub-section
13. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
14. (3) If the State Government assigns to any person its right over any mines, minerals or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
15. (1) and
16. (2) be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned." ;
17. (3) after section 14, the following section shall be and shall be deemed always to have been inserted, namely :- "14A.
18. (1) Any taluqdar whose rights to mines, minerals or quarries in any taluqdari land existing immediately before the date of commencement of this Act have vested in the State Government on that date under sub-section
19. (1) of section 6A, shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the taluqdar in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
20. (2) Any taluqdar entitled to compensation under sub-section
21. (1) may apply to the Collector for such compensation.
22. (3) The application under sub-section
23. (2) shall be made to the Collector in the prescribed form within twelve month from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed. The Collector shall after holding formal inquiry in the manner provided by the Code make an award determining the compensation.
24. (4) An appeal shall lie from the said award to the Gujarat Revenue Tribunal.
25. (5) The provisions of sections 7 to 13 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be.
26. (6) The amount of compensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment.". 6A. Vesting of rights to mines and mineral products in the State Government "6OA.
    • (I) Notmithst::~:tlin~ sn~~ihi~~g contained in any custom, usage, grant,, sanad or 1.itl4 r or ;:!;recl~~(,~~t, or ~FIY 1:~w for thc time being in force, or iu 31:)' ;iliig1:111~1;1. (!c(.I,/~: 01' 01.der of :: Colll't 01' of other a~ltliori~,y, with effc,r-t 1111 :ti,tl SL,UIII l.l~c 1st Ah\., 1960 all mines IVII~ t hc:r heing v;n~ ked cjr r~ut ai.(l niirle~,::l- wl~ct.l~c:r discovered or not iblld A]! q~ii~lie~ rrl~ich :&re sit.ua~c \\-it hill the. liniits of any land, grim- ted or recog~iscd luidar ally co~iltci, gra~~t: or law for the i.imc being in force or decree of ;I court, sh!l vest it! :~.t:d with all rights over the sa~ne or nppmterial~t t11cl.sto ho t,lie ~jropcr ty uf the hie C+ovcnlnjenl;, ;inti t,hc 81at.e Govcrllniel~t :.h:ill. .,j~l,jcct, tn the provi~ions of tlic Mines mtrl Alintb~:bls (Regulirtion n1;ri ~JCY,.](~~III~ILI ) .I(+, 1957 have oil polrcrs LXPU iiccesn:wj- for thc piopcr crljuylueltt :I] (1 d~-~Josal of such rights. (2) The rights of the C:clr-er~~nieri! to niines and ~nillcrul pr0d\icts in land reservcd under scr.ii#ll~ 69 or tl:~ ri!lhis of ilic C:jo\-rrruncntm to mincs, ulincrdy (j~li~~~-ie:j \.cs~c~ ,~IIIIc.~ r:!:b-~t't:ti(>r~
    • (I) i~lcluile~ the right uf ;rct:ess to It~l~ri fnr t,l~c l~urpcisc of I,~'c~.:pectin!: a1;d \:orlring )nines ;anrl t,lic: ~igl;! to clccupy srlnll ot,t~o~. In!lci as lliny 11t: nccc.<q:uy for pur- poses ~:rf crecti{)tj c~fofficcs, ~\-o;.krnc!i's l,Ilirlgs ~n(i nlachi~~e~y, the st~c- kin:: of uiiricrals allcideposiit of ~.cfns+;. r c~t~:..,ti.uct.iun of roxtlh, ri:il\\;y~ or tl.nnl-lines a14tI :Lrip o: llcr purpwit:wvl~irl~ Ill(> Slat i: i:~-\-~lin~!cl~t 1liz:Y clcclarc to he s~tbsidiary Vtj pruspcct.ing :~~,tl 15-orltir~g nlioce. If thc State Goverilm~u~ n~sigtts ru any pc.rFor1 its ri;llts ovcr ~11y ~~~incs, minerals, qrlarrirs or ~l;i~!er::l prorl~~cts, arid if for thc c~ljoymellt of such right,, it is Ireccss:?ry thi~t ::I1 cn. :tny of the powers specificd in su11-scct,iol~s
27. (1) xlid
28. (2) iJc r,sc~ci~r>d, f. Ilc C'ollcctor nlay, by an orclel.i~~ writing subject to s11c ti rontlitio~is ~1idre~e1 ~;:t ioils ns hemay sI)ccif;r-, dclrgate such powers t u ti,? ~>(:ISOII :o \:.I10111 t i~t: ii;ht is assig- ncri. (4) occupant, rrllovc rigl~ts t,o 711 ilirc, illi~iernIs ar cluarrics ill any laud, existing jmrueihntcly befc,re the I,.t $I;:!-, 1 !l(iO h:rve rcsled in tltc hte i;o~e~,t~~ii<:lit, on that rlalr: ~rliclc.; .;i~ l)-sr.ctior~ (I), ~h:~ll he crit.itvled tn co~n~)el~sstiol~ of ;!:~!oul~t ecl~ivitl~~~ ir, ~IIC avn.;aglL oi'ihe net ~IITII~~I i~~eou~e rcccivcd b;r- thr! occup;r~it ill rcsl!cr'l of 1,11c rnincs ancl rujilcrfil products during the three yars iumcdiai-ely prcccding thc date of vesting. 14A. Compensation for vesting of rights to mines and mineral products in the State Government "14A. (1) +ny kluqclar whose right.~ to ~nines, ~niueralv or quarries in any taluqdar~ land existing immetiiately before tbe dak 01 cummen- cement of tluv Act have vcsted in the State Goverrn~lenL on that {late under sub--section
29. (1) of sc~tioti BA, sllall be entihled to cowpens. <I t' ~311 of an arnouut equivalent to thc avcrnge of the net nnnllal i~lcorue reccived by the taluqdar in rcspcct oi the o~iues anti mineml pro- ducts clunug the three years irnlncdiately preceding t;he date of vesting.
30. (2) Any taluqdar entitlcd to con~pensatio~i wder sub--sectiun (1) may apply to the Collector for such compensation.
31. (2) The application undcr sub-section
32. (2) shall be rnitclc to tha Colleotor in the prescribed form within twelve month from tho datc! of the cu~umcuc~me~ of the Horllbay Land Iievenue Code sud Land Ctaj. Tet,urc Abolitioji I,aws (ti ajarat Amendment) Ordinance, 1351 or such furtbcr period '1s way be prescribed. The Collector shall after holdinglof fornial mqulry in the rnannqr provided by the Code make an awardA l9"# deknuhing the compensation. (4) An appeal shall lie from the aaid award to the Gujsrat Revenue Trlbnnal.
33. (8) The provisions of sections 7 to 13 (both iinuluuivc) shall, ao- far 111ity be, apply u) the procet:dings in respect of s~ich award or . appeal-as the ciwe may be. Cuj. ( 'I auoun1. of co~npensatioll payable under this sectior, shall old. a of be paid iu c;isll ~ith jti'iercst at the rate of 4 112 per cent. for the 1081. peiiod cowlencing otl and fi-oni t,lic date of comuencement of tho Bombay Lmd Itevennc Coodc 3rd Land Tcnurc Abolition Laws (Cujnrat Amendmelit) Clr&na!lce, 1981 and ending 011 the date of payment.". 4. Amendments in Bom. XLIV of 1953 "Amendments in Bom. XLIV of 1953" 9. Vesting of rights to mines and mineral products in the State Government "Vesting of rights to mines and mineral products in the State Government"
34. (1) Notwithstanding anything contained in any custom, usage, grant, sanad, or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority, with effect on and from the appointed date, all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any inam village or inam land granted or recognised under any contract, grant or law for the time being in force or decree of a court shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
35. (2) The rights of the Government to mines, minerals, and quarries in land vested under sub-section
36. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
37. (3) If the State Government assigns to any person its right over any mines, minerals or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
38. (1) and
39. (2) be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned. 17A. Compensation for vesting of rights to mines and mineral products in the State Government
40. (4) Any occupant, whose rights to mines, minerals or quarries in any land, existing immediately before the 1st May, 1960 have vested in the State Government on that date under sub-section (1), shall be entitled to compensation of amount equivalent to the average of the net annual income received by the occupant in respect of the mines and mineral products during the three years immediately preceding the date of vesting. (5)
    • (a) Any occupant entitled to compensation under sub-section
41. (4) may apply to the Collector for such compensation in the form prescribed in this behalf by the State Government.
    • (b) Such application shall be made within twelve months from the date of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed by the State Government.
    • (c) The Collector shall after making such inquiry (including giving notice to the applicant and opportunity of being heard) as he thinks necessary, determine the amount of compensation and the provisions of sections 3, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894 shall, so far as may be, apply to the proceedings held by the Collector in this behalf.
    • (d) The decision of the Collector determining the amount of compensation shall be final and the Collector shall make an award accordingly.
    • (e) The amount of compensation payable under this section shall be paid with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment. 5. Amendments in Bom. XXX of 1963 In the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1963,-
42. (1) in section 8, the existing Explanation shall be and shall be deemed always to have been renumbered as Explanation I and after the Explanation so renumbered, the following Explanation shall be and shall be deemed always to have been inserted, namely:- "Explanation II.-For the purposes of this section waste land means land unfit for cultivation and includes-
    • (a) land on which grass grows naturally,
    • (b) land in which there exist any mines, whether being worked or not, any minerals, whether discovered or not and any quarries, whether being worked or not.";
43. (2) for section 10, the following section shall be and shall be deemed always to have been substituted, namely:- "10.
44. (1) Notwithstanding anything contained in any custom, usage, grant, sanad, or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority, with effect on and from the appointed date, all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any jagir village granted or recognised under any contract, grant or law for the time being in force or decree of a court shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
45. (2) The rights of the Government to mines, minerals and quarries in land vested under sub-section
46. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
47. (3) If the State Government assigns to any person its right over any mines, minerals or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
48. (1) and
49. (2) be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned.";
50. (3) after section 21, the following section shall be and shall be deemed always to have been inserted, namely:- "21A.
51. (1) Any jagirdar whose rights to mines, minerals or quarries in any jagir village existing immediately before the appointed date have vested in the State Government on that date under section 10, shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the jagirdar in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
52. (2) Any jagirdar entitled to compensation under sub-section (1), may apply to the Collector for such compensation.
53. (3) The application under sub-section
54. (2) shall be made to the Collector in the prescribed form within twelve months from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981, or such further period as may be prescribed. The Collector shall after holding formal inquiry in the manner provided by the Code make an award determining the compensation.
55. (4) An appeal shall lie from the said award to the Gujarat Revenue Tribunal.
56. (5) The provisions of sections 18 to 21 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be.
57. (6) Notwithstanding anything contained in section 22 the amount of compensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment.". 10. Vesting of rights to mines and mineral products in the State Government "69A.
58. (1) Notwithstanding anything contained in any custom, usage, grant, sanad or letter or agreement, or any law for the time being in force, or in any judgment, decree or order of a Court or of other authority, with effect on and from the 1st May, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
59. (2) The rights of the Government to mines and mineral products in land reserved under section 69 or the rights of the Government to mines, minerals and quarries vested under sub-section
60. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
61. (3) If the State Government assigns to any person its rights over any mines, minerals, quarries or mineral products, and if for the enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
62. (1) and
63. (2) be exercised, the Collector may, by an order in writing subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned.
64. (4) Any occupant, whose rights to any mine, minerals or quarries in any land, existing immediately before the 1st May, 1960 have vested in the State Government on that date under sub-section (1), shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the occupant in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
65. (5) (a) Any occupant entitled to compensation under sub-section
66. (4) may apply to the Collector for such compensation in the form prescribed in this behalf by the State Government.
    • (b) Such application shall be made within twelve months from the date of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed by the State Government.
    • (c) The Collector shall after holding such inquiry (including giving the applicant an opportunity of being heard) as he thinks necessary, determine the amount of compensation and the provisions of sections 3, 7, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894 shall, so far as may be, apply to the proceedings held by the Collector in this behalf.
    • (d) The decision of the Collector determining the amount of compensation shall be final and the Collector shall make an award accordingly.
    • (e) The amount of compensation payable under this section shall be paid with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment." 22A. Compensation for vesting of rights to mines and mineral products in the State Government "14A.
67. (1) Any taluqdar whose rights to mines, minerals or quarries in any taluqdari land existing immediately before the date of commencement of the Act have vested in the State Government on that date under sub-section
68. (1) of section 8A, shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the taluqdar in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
69. (2) Any taluqdar entitled to compensation under sub-section
70. (1) may apply to the Collector for such compensation.
71. (3) The application under sub-section
72. (2) shall be made to the Collector in the prescribed form within twelve month from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed. The Collector shall after holding formal inquiry in the manner provided by the Code make an award determining the compensation.
73. (4) An appeal shall lie from the said award to the Gujarat Revenue Tribunal.
74. (5) The provisions of sections 7 to 13 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be.
75. (6) Notwithstanding anything contained in section 14A the amount of compensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment." 6. Amendments in Bom. XXII of 1955 In the Bombay Taluqdari Tenure Abolition Act, 1949,-
76. (1) in section 6, the existing Explanation shall be and shall be of no law shall be deemed always to have been renumbered as Explanation I and after the Explanation as so renumbered, the following Explanation shall be and shall be deemed always to have been inserted, namely :- "Explanation II.-For the purposes of this section waste land means land unfit for cultivation and includes-
    • (a) land on which grass grows naturally,
    • (b) land in which there exist any mines, whether being worked or not, any minerals, whether discovered or not and any quarries, whether being worked or not.";
77. (2) after section 6, the following section shall be and shall be deemed always to have been inserted, namely :- "6A.
78. (1) Notwithstanding anything contained in any custom, usage, grant, sanad, or order or agreement or any law for the time being in force, or in any judgment, decree or order of court or of other authority with effect on and from the date on which this Act comes into force all mines whether being worked or not and minerals whether discovered or not, and all quarries which are situate within the limits of any taluqdari land, granted or recognised under any contract, grant or law for the time being in force or decree of a court shall vest in and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
79. (2) The rights of the Government to mines, minerals and quarries in land vested under sub-section
80. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
81. (3) If the State Government assigns to any person its right over any mines, minerals or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
82. (1) and
83. (2) be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned.";
84. (3) after section 14, the following section shall be and shall be deemed always to have been inserted, namely :- "14A.
85. (1) Any taluqdar whose rights to mines, minerals or quarries in any taluqdari land existing immediately before the date of commencement of this Act have vested in the State Government on that date under sub-section
86. (1) of section 6A, shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the taluqdar in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
87. (2) Any taluqdar entitled to compensation under sub-section
88. (1) may apply to the Collector for such compensation.
89. (3) The application under sub-section
90. (2) shall be made to the Collector in the prescribed form within twelve months from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be prescribed. The Collector shall after holding formal inquiry in the manner provided by the Code make an award determining the compensation.
91. (4) An appeal shall lie from the said award to the Gujarat Revenue Tribunal.
92. (5) The provisions of sections 7 to 13 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal as the case may be.
93. (6) Notwithstanding anything contained in section 14 the amount of compensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment.". 13. Vesting of rights to mines and mineral products in the State Government "13.
94. (1) Notwithstanding anything contained in any custom, usage, grant, sanad or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority with effect on and from the appointed date, all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any alienated land granted or recognised by any contract, grant, or law for the time being in force or decree of a court shall vest in, and with all rights over the same or appurtenant thereto be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.
95. (2) The rights of the Government to mines, minerals and quarries in land vested under sub-section
96. (1) includes the right of access to land for the purpose of prospecting and working mines and the right to occupy such other land as may be necessary for purposes of erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines and any other purposes which the State Government may declare to be subsidiary to prospecting and working mines.
97. (3) If the State Government assigns to any person its right over any mines, minerals or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections
98. (1) and
99. (2) be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right is assigned." 24A. Compensation for vesting of rights to mines and mineral products in the State Government "24A.
100. (1) Any alienee whose rights to mines, minerals or quarries in any man- nlierited land existing immediately before the appointed date have vested in the State Government on that date under section 13, shall be entitled to compensation of an amount equivalent to the average of the net annual income received by the alienee in respect of the mines and mineral products during the three years immediately preceding the date of vesting.
101. (2) Any alienee entitled to compensation under sub-section
102. (1) may apply to the Collector for such compensation.
103. (3) The application under sub-section
104. (2) shall be made to the Collector in the prescribed form within twelve months from the date of the commence- ment of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981, or such further period as may be prescribed. The Collector shall after holding formal inquiry in the manner provided by the Code make an award determining the compensation.
105. (4) An appeal shall lie from the said award to the Gujarat Revenue Tri- bunal.
106. (5) The provisions of sections 21 to 26 (both inclusive) shall, so far as may be, apply to the proceedings in respect of such award or appeal, as the case may be.
107. (6) Notwithstanding anything contained in section 26 the amount of com- pensation payable under this section shall be paid in cash with interest at the rate of 4 1/2 per cent. for the period commencing on and from the date of the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the date of payment." 7. Savings
108. (1) Subject to the provisions of sub-sections
109. (2) and (3), nothing con- tained in the Bombay Land Revenue Code, 1879, or any of the Bombay Land Tenure Abolition Laws, as amended by this Act, shall affect any thing done, or any action taken before the commencement of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 (hereinafter referred to as "the said Ordinance") in relation to any mines, minerals or quarries vesting in a person other than the Government.
110. (2) Any prospecting licence, mining lease, quarry lease, or any document evi- dencing any mineral concession, in respect of land in which the minerals ves- ted in a person other than the Government brought into conformity with the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 and rules made thereunder under section 16 of that Act or issued under that Act and the rules made thereunder and in force at the commencement of the said Ordinance shall continue as if such licence, lease or document were given in respect of land in which minerals vested in the Government and accordingly,-
     • (i) such licence, lease or document shall be construed as if it was given by the Government;
     • (ii) any rent, royalty or other sum payable to such person by virtue of such licence, lease, or document shall from the commencement of the said Ordi- nance be payable to the Government; and
     • (iii) such licence or lease shall be renewable according to law.
111. (3) Any obligation or liability of the Government to pay any royalty or any other sum to a person in relation to his right or privilege to any mines and mineral products existing before the commencement of the said Ordi- nance shall cease and no legal proceeding or remedy for enforcement of such right or privilege or in respect of such obligation or liability shall be institu- ted, continued or enforced in any court, or other authority. 8. Repeal and saving
112. (1) The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 is hereby repealed.
113. (2) Notwithstanding such repeal, anything done or any action taken under the principal Acts as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Acts as amended by this Act.