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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Chapter II

Title: Abolition of Mining Concessions and Declaration as Mining Leases Under the Mines and Minerals Act

State: Central

Year: 1987

.....that section, be deemed to have become the holder of such mining lease under the Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that Act, extend up to a period of six months from the date of assent. (2) On the expiry of the period of any mining lease under sub-section (1), it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period for which, such lease can be renewed under the provisions of that Act and the rules made thereunder.

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Preamble 1

Title: Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987

State: Central

Year: 1987

THE GOA, DAMAN AND DIU MINING CONCESSIONS (ABOLITION AND DECLARATION AS MINING LEASES) ACT, 1987 [Act, No.16 of 1987] [23rd May, 1987] PREAMBLE An Act to provide for the abolition of the mining concessions in operation in the Union territory of Goa, Daman and Diu and specified in the First and the Second Schedules, and for the declaration of such mining concessions as mining leases under the Mines and Minerals (Regulation and Development) Act, 1957 with a view to the regulation of the mines to which such concessions relate and for the development of minerals under the control of the Union and for matters connected therewith or incidental thereto. Whereas certain mining concessions have been granted in perpetuity under the former Portuguese Mining Laws (Decree of 20th day of September, 1906) in the territories now included in the Union territory of Goa, Daman and Diu by the former Portuguese Government and by the Government of Goa, Daman and Diu: And whereas the aforesaid mining laws have ceased to be in force and doubts have been expressed as to whether such mining concessions are mining leases within the meaning of the Mines and Minerals (Regulation and Development).....

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Complete Act

Title: Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987

State: Central

Year: 1987

.....made to the Commissioner Section11 - Liability of Central Government to end on payment of claim Section12 - Disputes how to be dealt with Section13 - Undisbursed or unclaimed amount to be deposited to the general revenue account Chapter V Section14 - Amendment of Act 67 of 1957 Section15 - Penalties Section16 - Offences by companies Section17 - Protection of action taken in good faith Section18 - Delegation of powers Section19 - Declaration as to the policy of the State Section20 - Power to make rules Section21 - Power to remove difficulties Section22 - Validation ScheduleI - DETAILS OR MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM THE APPOINTED DAY ScheduleII - DETAILS OF MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM A DATE SUBSEQUENT TO THE APPOINTED DAY

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Section 4

Title: Abolition Etc., of Mining Concessions

State: Central

Year: 1987

.....specified in the Second Schedule shall, on and from the day next after the date of grant of the said concession and specified in the corresponding entry in the eighth column of the said Schedule, be deemed to have been abolished and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease. (3) If, after the date of assent, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of any mining concession or the name and residence of any concession holder specified in the First or the Second Schedule, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the First or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Section 5

Title: General Effect of Declaring the Mining Concessions to Be Mining Leases

State: Central

Year: 1987

(1) Where a mining concession has been deemed to be a mining lease under section 4, the concession holder shall, on and from the day mentioned in that section, be deemed to have become the holder of such mining lease under the Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that Act, extend up to a period of six months from the date of assent. (2) On the expiry of the period of any mining lease under sub-section (1), it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period for which, such lease can be renewed under the provisions of that Act and the rules made thereunder.

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Section 6

Title: Payment of Amounts to Concession Holders

State: Central

Year: 1987

Every concession holder specified in the second column of the First and the Second Schedules shall be given by the Central Government, in cash, and in the manner specified in Chapter IV, for the abolition of the mining concessions held by him, and declaring it as a mining lease, under section 4, an amount equal to the amount specified against him in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be.

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Schedule I

Title: Details or Mining Concessions Abolished and Declared as Mining Leases on and from the Appointed Day

State: Central

Year: 1987

..... Perchotembo Ditto Batic Cumbari Ditto 37 of 10-10-1950 10,000 64. Nilconta Jaganata Coulecar, of Mapusa. Codeachem Devonavoril Molentil Zaga Ditto Sanvordem Satari 38 of 10-11-1950 14,300 65. Manohar H.N. Naik, Parulekar. Gundegally or Chendo Ditto Dargalim Pernem 39 of 11-12-1950 14,300 66. Vishwasrao D. Chowgule, of Vasco da Gama. Citeiros que ficam de ambos os lados de linha ferrea etc. Iron Calem Sanguem 40 of 22-12-1950 12,300 67. Lidia Belinda Simoes of Goa. Molietembo Maquerim Fe/Mang Rivona Ditto 42 of 29-12-1950 7,300 68. Xec Mohamed Issac, of Goa. Devapan or Devadongor Ditto Caurem Quepem 1 of 8-1-1951 14,300 69. Madeva Upendra Sinai Talaulikar, Panaji. Saniem Iron Sancordem Sanguem 2 of 8-1 -1951 7,200 70. Firm V.S. Dempo & Cia. Ltd., of Goa. Cantor Fe/Mang Curpem Ditto 3 of 19-1-1951 14,000 71. Vassudeva N. Sarmalkar, of Margao. .....

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Schedule II

Title: Details of Mining Concessions Abolished and Declared as Mining Leases on and from a Date Subsequent to the Appointed Day

State: Central

Year: 1987

THE SECOND SCHEDULE [See sections 4(2), 6, 7 and 9(1)] DETAILS OF MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM A DATE SUBSEQUENT TO THE APPOINTED DAY Sl. No. Name of theconcession holder and his residence Denomination of the mine Nature Situation Number and date of title Date of abolition and declaration of any mining lease Amount (in Rs.) Village Taluka 1 2 3 4 5 6 7 8 9 1. Georgina Filoraeng de Figueiredo, of Loutulim. Predico Oiteiral do E stadoe Outros Fe/Mang Colem Sanguem 2 of 11-7-1963 12-7-1963 11,200 2. Vassudeva Guiri Quenim, of Goa. Culnasodd e outros. Iron Bali Quepem 3 of 11-7-1963 12-7-1963 11,200 3. Firma Mineria Nacmol Ltd., of Margao. Vagmoloi Perisodo. Fe/Mang Curdi Sanguem 4 of 11-7-1963 12-7-1963 8,200 4. Firma Mineria Nacinal Ltd., of Margao. Namosmodi Ditto Ditto .....

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Complete Act

State: Central

Year: 1987

.....any judgment, decree or order of any court, tribunal or other authority or any instrument having effect by virtue of any enactment other than this Act. SECTION 04: ABOLITION ETC., OF MINING CONCESSIONS (1) Every mining concession specified in the First Schedule shall, on and from the appointed day, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted underthe Mines and Minerals Act-, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease. (2) Every mining concession specified in the Second Schedule shall, on and from the day next after the date of grant of the said concession and specified in the corresponding entry in the eighth column of the said Schedule, be deemed to have been abolished and shall, with effect from that day, be deemed to be a mining lease granted underthe Mines and Minerals Act-, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease. (3) If, after the date of assent, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been, any error, omission.....

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Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 Chapter IV

Title: Commissioner of Payments

State: Central

Year: 1987

.....how to be dealt with In the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in Section 6 or Section 7, the Commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court. Explanation.-- In this section "court", in relation to a mining concession, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the mines relating to such concession is situated. Section 13 - Undisbursed or unclaimed amount to be deposited to the general revenue account Any money paid to the Commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money tranferred may be preferred to the Central Government by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

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