GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  XVI OF 1985.

THE MAHARASHTRA ABOLITION OF
SUBSISTING PROPRIETARY RIGHTS TO
MINES AND  MINERALS IN  CERTAIN LANDS
ACT,  1985

(As  modified  upto  the  4th  December,  2012)

*

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1985 : Mah. XVI]

(i)

THE MAHARASHTRA ABOLITION OF SUBSISTING PROPRIETARY RIGHTS
TO MINES AND MINERALS IN CERTAIN LANDS ACT, 1985.

—————————

C  O  N  T  E  N  T  S

PREAMBLE.

SECTIONS.

1. Short  title  and  extent.

2. Declaration.

3. Definitions.

4. Vesting of rights of alienees to mines and minerals in the State and consequences

thereof.

5. Payment  of  amount  of  acquisition  of  rights  to  mines  and  minerals.

6. Procedure  for  determining  the  amount  to  be  paid.

7. Appeal  against  Competent  Authority’s  award.

8. Procedure  before  Maharashtra  Revenue  Tribunal.

9. Limitation.

10. Court-fees.

11. Finality  of  award  and  decision  of  Revenue  Tribunal.

12. Inquiries  and  proceedings  to  be  judicial  proceedings.

13. Power  to make  rules.

14. Amendment  of  section  48  of  Mah.  XLI  of  1966.

15. Repeal  of  certain  enactments.

16. Power  to  remove  difficulty.

H  186-1

1

MAHARASHTRA ACT No. XVI OF 19851

THE MAHARASHTRA ABOLITION OF SUBSISTING PROPRIETARY

RIGHTS TO MINES AND MINERALS IN CERTAIN LANDS ACT, 1985

(This Act received the assent of the President on the 1st August 1985 ; assent was first Published in
the Maharashtra Government Gazette, Part IV, Extraordinary, on the 6th August 1985)

An  Act  to  abolish  subsisting  proprietary  rights  to  mines  and  minerals  in  any  lands  under  the
Land  Tenure  Abolition  Laws  or  such  other  laws  for  the  time  being  in  force  by  acqisition
thereof and to provide for matters connected therewith.

WHEREAS,  pursuant  to  the  national  policy  of  bringing  the  actual  cultivator  into
direct  relation  with  the  Government,  series  of  land  tenure  abolition  laws  for  abolition
of the intermediary rights, Jagirs and inam tenures have had been enacted, the rights of
Inamdars and Jagirdars to mines and minerals have had been specifically saved, thereby
allowing such  existing rights to  survive particularly where the  inams are grants  of soil;
AND  WHEREAS,  the  mines  and  minerals  available  in  these  inam  lands  are  being
exploited in the State by such Inamdars for individual gains without being liable to pay
any royalty to the State Government and in a manner highly detrimental and prejudicial
to  public  interest  ;

AND WHEREAS, with a view to prevent such exploitation of mines and minerals for
individual gains  by a few  Inamdars and  also to prevent  the huge loss  of royalty  by the
State  Government  and  to  give  effect  to  be  the  policy  of  the  State  Government  towards
securing that the ownership and control of the material resources of the community are
so  distributed  as  best  to  subserve  the  common  good  and  that  the  operation  of  the
economic system does not result in the concentration of wealth and means of production
to  the  common  detriment;

AND  WHEREAS,  for  the  aforesaid  purposes  it  is  considered  necessary  to  abolish
subsisting proprietary rights to mines and minerals in any lands under the Land Tenure
Abolition Laws or such other laws for the time being in force by acquisition thereof and
to provide for matters connected therewith ; It is hereby enacted in the Thirty-sixth Year
of  the  Republic  of  India  as  follows  :—

1.  (1)  This  Act  may  be  called  the  Maharashtra  Abolition  of  Subsisting  Proprietary

Rights  to  Mines  and  Minerals  in  certain  Lands  Act,  1985.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.

2.    It  is  hereby  declared  that  this  Act  is  for  giving  effect  to  the  policy  of  the  State
towards  securing  the  principles  specified  in  clauses  (b)  and  (c)  of  Article  39  of  the
Constitution  of  India  and  the  acquisition  therefor  of  the  subsisting  proprietary  rights  to
mines  and  minerals  referred  to  in  section  4.

3.  In  this  Act,  unless  the  context  otherwise  requires,—

(a) “alienee” means an Inamdar, Jagirdar or Estate Holder as defined in the Land
Tenure Abolition Laws or such other laws for the time being in force, or a person
who  holds  any  subsisting  right  in  any  sub-soil  in  any  land  under  any  settlement,
kaul, grant, sanad or order, any judgement, order or decree of a Court or Tribunal
or  any  law  or  instrument  for  the  time  being  in  focre,  but  shall  not  include  any
lawful lessee holding lease-hold rights in respect of any mines or minerals on the
date  of  commencement  of  this  Act  ;

1. For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1985,  Part  V,

Extraordinary,  page  119.

H  186-2

Short  title,
and  extent.

Declaration.

Definitions.

Mah.
XLI
o f
1966.

Bom.
XLVII
o f
1951.
Bom.
XLII
o f
1953.
Bom.
XXX-
IX  of
1954.
Bom.
XXII
o f
1955.
Mah.
XLIV
o f
1969.

2

Maharashtra  Abolition  of  Subsisting  Proprietary
Rights to Mines and Minerals in Certain Lands
Act, 1985
(b)  “Code”  means  the  Maharashtra  Land  Revenue  Code,  1966;
(c) “Competent Authority” means the Collector of the District, and includes any
officer, not below the rank of Deputy Collector, to whom the powers and functions
of  the  Competent  Authority  may  be  entrusted  by  the  Collector;

[1985 : Mah. XVI

(d)  “Land  Tenure  Abolition  Laws”  means  the  Salsette  Estate  (Land  Revenue
Exemption Abolition) Act, 1951, the Bombay Personal Inams Abolition Act, 1952,
the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, the Bombay
Merged Territories Miscellaneous Alienation Abolition Act, 1955, and the Bombay
City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code
(Amendment)  Act,  1969;

(e)  “prescribed”  means  prescribed  by  rules  made  under  this  Act;
(f) “sub-soil rights” means any rights to mines and minerals found or likely to

be  found,  whether  on  surface  or  underground  of  any  land;

(g)  words  and  expressions  used  but  not  defined  in  this  Act,  shall  have  the

meanings  assigned  to  them  in  the  Code.

Vesting  of
rights  of
alienees  to
mines  and
minerals  in
the  State  and
consequences
thereof.

Payment  of
amount  for
acquisition
of  rights  to
mines  and
minerals.

Procedure
for
determining
the  amount
to  be  paid.

4. Save as otherwise provided in this Act, notwithstanding anything contained in any
settlement,  kaul,  grant,  sanad  or  order,  any  judgement,  order  or  decree  of  a  Court  or
Tribunal  or  in  any  law  or  instrument  for  the  time  being  in  force,  on  the  date  of
commencement  of  this  Act,  all  subsisting  rights  to  mines  and  minerals  vesting  in  any
alienee  in  any  land  shall  pass  from  such  person  to  and  vest  in  the  State  Government,
free  of  any  encumbrances  :

Provided that, the rights of any lessee holding on lease the sub-soil rights on the date
of  commencement  of  this  Act,  either  from  alienee  or  from  Government,  shall  not  be
affected  by  this  section  except  that  on  and  from  the  said  date  if  he  is  a  lesses  holding
from  alienee  he  shall  be  deemed  to  be  a  lessee  holding  from  Government,  and  all  the
obligations  to  the  alienee  shall  be  deemed  to  have  passed  on  to  Government.

5.  (1)  Any  alienee  having  any  subsisting  sub-soil  right  in  respect  of  any  land
immediately before the date of commencement of this Act shall, subject to the following
provisions  of  this  section,  be  entitled—

(a)  to  receive  an  amount  equivalent  to  three  times  the  assessment  fixed  for  the
land, in which there is a mine or there are minerals, but the mine is not worked during
a period of three years immediately preceding the date of commencement of this Act;
(b)  where  any  mine  was  worked  at  any  time  during  a  period  of  three  years
immediately preceding the date of commencement of this Act, to receive an amount
equivalent  to  twenty  times  the  assessment  fixed  for  the  land.
(2) Every alienee  entitled to the amount  under sub-section (1) shall apply  in writing
to the Competent Authority, on or before the 31st December 1985 or such extended date
(if any) as the Competent Authority may fix, for determining the amount payable to him
under  this  section.

6. (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;

1985 : Mah. XVI] Maharashtra  Abolition  of  Subsisting  Proprietary
Rights to Mines and Minerals in Certain Lands
Act, 1985
(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

3

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.

7. An appeal shall lie against the award of the Competent Authority to the Maharashtra
Revenue  Tribunal  established  under  Chapter  XV  of  the  Maharashtra  Land  Revenue
Code,  1966,  notwithstanding  anything  contained  in  that  Code.

8. (1)  The  Maharashtra  Revenue  Tribunal  shall,  after  giving  notice  to  the  appellant

and  the  State  Government,  decide  the  appeal  and  record  its  decision.

(2)  In  deciding  an  appeal  under  this  Act,  the  Maharashtra  Revenue  Tribunal  shall
exercise  all  the  powers  which  a  Court  has  and  shall  follow  the  same  procedure  which
a Court follows, in deciding an appeal from a decree or order of an original Court under
the  Code  of  Civil  Procedure,  1908.

Appeal
against
Competent
Authority’s
award.
Procedure
before
Maharashtra
Revenue
Tribunal.

9. Every  appeal  made  under  this  Act  to  the  Maharashtra  Revenue  Tribunal  shall  be
filed  within  a  period  of  sixty  days  from  the  date  of  the  award  of  the  Competent
Authority. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall
apply  to  the  filing  of  such  appeal.

Limitation.

10. Notwithstanding anything contained in the *Bombay Court-fees Act, 1959, every
appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a court-fee
stamp  of  such  value  as  may  be  prescribed.

Court-fees.

11. An  award  made  by  the  Competent  Authority,  subject  to  an  appeal  to  the
Maharashtra  Revenue  Tribunal,  and  the  decision  of  the  Maharashtra  Revenue  Tribunal
on  the  appeal,  shall  be  final  and  conclusive  and  shall  not  be  questioned  in  any  suit  or
proceedings  in  any  Court.

12. All inquiries and proceedings before the Competent Authority and the Maharashtra
Revenue Tribunal under  this Act shall be  deemed to be judicial  proceedings within the
meaning  of  sections  193,  219  and  228  of  the  Indian  Penal  Code.

13. (1) The State Government may, by notification in the Official Gazette, make rules
for  the  purposes  of  giving  effect  to  the  provisions  of  this  Act,  including  provisions  for
imposition  of  fees  for  the  purposes  of  this  Act.

(2)  All  rules  made  under  this  section  shall  be  subject  to  the  condition  of  previous

Finality  of
award  and
decision  of
Revenue
Tribunal.

Inquiries  and
proceedings
to  be  judicial
proceedings.
Power  to
make  rules.

publication.

* The  short  title  of  this  Act  was  amended  as  “the  Maharashtra  Court-fees  Act”  by  Mah.  24  of

2012,  w.e.f.  1-5-1960.

Mah.
XLI
o f
1966.

V  of
1908.

XXX-
VI  of
1963.

Bom.
XXX-
VI  of
1959.

XLV
o f
1860.

4

Maharashtra  Abolition  of  Subsisting  Proprietary
Rights to Mines and Minerals in Certain Lands
Act, 1985

[1985 : Mah. XVI

(3) Every rule made under this section shall be laid, as soon as may be after it is made,
before each House of the State Ligislature while it is in session, for a total period of thirty
days, which may be comprised in one session or in two 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 rule
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.

14. In    the    Maharashtra    Land    Revenue    Code,    1966,    in    section    48,    in  sub-

section  (1),—

(a)  for  the  words  “Unless  it  is  otherwise  expressly  provided  by  the  terms  of  the
grant made by the State Government, the right to all minerals” the words “The right
to  all  minerals”  shall  be  substituted  ;

(b)  the  proviso  shall  be  deleted.

Amendment
of  section  48
of  Mah.  XLI
of  1966.

Repeal  of
certain
enactments.

15. On  and  from  the  date  of  commencement  of  this  Act,  section  9  of  the  Bombay
Personal Inams Abolition  Act, 1952, section 10  of the Bombay Merged  Territories and
Areas  (Jagirs  Abolition)  Act,  1953,  section  13  of  the  Bombay  Merged  Territories
Miscellaneous Alienations Abolition Act, 1955 and section 9 of the Bombay City (Inami
and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act,
1969,  and  corresponding  provision  in  any  such  law  for  the  time  being  in  force,  shall
stand  repealed.

Mah.
XLI
o f
1966.

Bom.
XLII
o f
1953.
Bom.
XXX-
IX  of
1954.
Bom.
XXII
o f
1955.
Mah.
XLIV
o f
1969.

Power  to
remove
difficulty.

16. If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  State
Government  may,  as  occasion  arises,  by  order  do  anything,  not  inconsistent  with  such
provisions which appears to it to be necessory or expedient for the purpose of removing
the  difficulty  :

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years

from  the  date  of  commencement  of  this  Act.

H  186-3,360  Bks.-10.2013.

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