section 6
Procedure for determining the amount to be paid.
The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985Infrastructure198516 sections
Statutory text
- (1) On receipt of an application for determination of the amount payable under section 5, the Competent Authority shall make such inquiry as he deems fit. After giving a reasonable opportunity of being heard to the claimant and to prove his claim, the Competent Authority shall make an award determining the amount payable to the claimant, after recording his findings on the following points :-
- (a) whether the claimant-alienee proved that any rights to mines and minerals in any land had accrued to him and were subsisting at the date of commencement of this Act, notwithstanding the provisions of any law for the time being in force ;
- (b) the area of the land under which there is a mine and what mineral are found therein ;
- (c) the area of the land under which, there is a working mine and what minerals are found therein ;
- (d) the amount, if any, payable to the claimant in accordance with the provisions of this Act ;
- (e) where there is a co-sharer, how the amount may be apportioned between the claimant and the co-sharer
- (2) Notwithstanding anything contained in any law for the time being in force, the onus of proving before the Competent Authority-
- (a) that the sub-soil rights in any land had accrued to the claimant under any sanad, etc., and the rights continued to subsist at the commencement of this Act, notwithstanding the provisions of any law for the time being in force; and
- (b) that any mines or minerals are found or are being worked in any land or part thereof; shall be on the claimant.
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