Amendments in Bom. V of 1879

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.".