Maharashtra Mineral Development (Creation and Utilisation) Fund (Repeal) Act, 2016

This Act may be called the Maharashtra Mineral Development (Creation and Utilisation) Fund (Repeal) Act, 2016.

The Maharashtra Mineral Development (Creation and Utilisation) Fund Act, 2001, is hereby repealed.

With effect from the date of commencement of this Act, the Government approved schemes and various activities and functions connected with the mineral development to which the fund has been sanctioned by the Competent Authority for the utilisation under section 5 of the Maharashtra Mineral Development (Creation and Utilisation) Fund Act, 2001, shall be implemented by the concerned District Mineral Foundation Trust established by the State Government in each revenue District (except Mumbai City District) under sub-section

1. (1) of section 9B of the Mines and Minerals (Development and Regulation) Act, 1957.

1. (1) The Fund so created shall be assigned to the Department.
2. (2) The fund, shall be made available to the Competent Authority or any other officer appointed in this behalf by the State Government, for disbursement to the Directorate of Geology and Mining and the Maharashtra State Mining Corporation through their respective Director and Managing Director.

The Fund so constituted shall be sanctioned by the Competent Authority and utilised for,—

1. (a) carrying out the functions and activities of the Directorate of Geology and Mining specially for promoting mineral-based industries in the State;
2. (b) carrying out the activities of the Maharashtra State Mining Corporation as an Organisation and also as a Shell Agency, to perform various functions, like exploitation of minerals, diversification of activities; providing infrastructures at mines and also to perform the functions of the Shell Agency in accordance with the State Mineral Policy of 1999, specially for promoting mineral-based industries in the State; and
3. (c) financing Government approved schemes connected with the mineral development, with specific previous approval of the State Government for spending on any such scheme for following objects, namely :—
   • (i) for providing infrastructure facilities for the mines, like roads, water and electricity, or for maintaining ecological or environmental balance;
   • (ii) for any other activities specially connected with promotion of mineral based industries and mineral development activities which the Government considers to be fit.

1. (1) Any person having Reconnaissance Permit or Prospecting Licence, or Mining Lease or Letter of Intent thereof, desirous of getting financial assistance from the Fund for his project, shall apply, in the prescribed manner, to the Director or, as the case may be, to the Managing Director.
2. (2) The Director or, as the case may be, the Managing Director shall, after scrutinising the application, decide the eligibility of such person or company for financial assistance out of the Fund, as per the general guidelines prescribed.

Advisory Committee.

1. (1) The State Government shall by notification in the Official Gazette, constitute an Advisory Committee for the purposes of giving directives for proper utilisation and allocation of the Fund. The Advisory Committee shall also perform such other functions as may be prescribed.
2. (2) The Fund shall be held and administered on behalf of the Government by the Competent Authority and its utilisation shall be subject to the approval of the Advisory Committee : Provided that, the Fund shall not be diverted for any other purposes other than those for which it is created and assigned.
3. (3) The Advisory Committee shall consist of the following members :-
   • (a) Chief Minister .. Ex Officio Chairman ;
   • (b) Minister for Trade, Commerce and Mining. .. Ex Officio Member ;
   • (c) Guardian Ministers for Bhandara, Chandrapur, Nagpur and Ye

1. (1) A non-official members appointed under clause
   • (h) of sub-section
2. (3) of section 7 shall be disqualified for being appointed as and for being continued as a member, if he,—
   • (a) is convicted by Criminal Court for an offence involving moral turpitude, unless such conviction has been set aside; or
   • (b) is of unsound mind, and stands so declared by a competent court; or
   • (c) is an undischarged insolvent; or
   • (d) refuses to act or becomes incapable of acting; or
   • (e) is otherwise unsuitable to continue as a member.
3. (2) The State Government may remove the member who has become disqualified under sub-section (1), from the membership of the Advisory Committee :

Accounting of Fund

1. (1) The account of the amounts credited, withdrawn and spent from the Fund, from time to time, shall be maintained by the Competent Authority in the prescribed manner and shown under appropriate heads in the annual financial statement.
2. (2) The annual financial statement shall be placed before each House of the State Legislature, as soon as may be, after it is prepared by the Competent Authority.

Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Government or the Competent Authority or an officer or an employee of the Government or of the Directorate of Geology and Mining, Maharashtra State or of the Maharashtra State Mining Corporation for anything which is in good faith done or intended to be done under this Act or rules made thereunder.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rules should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty:

Repeal of Mah. Ord. IX of 2001 and Saving

1. (1) The Maharashtra Mineral Development (Creation and Utilisation) Fund Ordinance, 2001, is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any notification issued or nomination, appointment or rule made) under the said Ordinance, shall be deemed to have been done, taken, issued or made, as the case may be, under the corresponding provisions of this Act.