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

This Act may called the Goa, Daman and Diu Mining Concessions (Abolition andDeclaration as Mining Leases) Act, 1987.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means the 20th day of December, 1961; (b) "Commissioner" means the Commissioner of Payments appointed under section 8; (c) "concession holder" means a person who has been granted a mining concession; (d) "date of assent" means the date on which the assent is given by the President to this Act; (e) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu; (f) "mines and Minerals Act" means the Mines and Minerals (Regulation and Development)Act, 1957 (67 of 1957); (g) "mining concession" means a mining concession granted under the Portuguese ColonialMining Laws, 1906 (Decree of 20th September, 1906); (h) "notification" means a notification published in the Official Gazette; (i) "prescribed" means prescribed by rules made under this Act; (j) "specified date" means such date as the Central Government may, for the purpose of anyprovision of this Act, by notification, specify; and different dates may be specified for differentprovisions of this Act; (k) words and expressions used and not defined, but defined in the Mines Act, 1952 (35 of 1952)or the Mines and Minerals Act, shall have the meanings, respectively, assigned to them in those Acts.

The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in any enactment (other than this Act), or anyjudgment, decree or order of any court, tribunal or other authority or any instrument having effect byvirtue of any enactment other than this Act.

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

(1) Where a miningconcession has been deemed to be a mining lease under section 4, the concession holder shall, on andfrom the day mentioned in that section, be deemed to have become the holder of such mining lease underthe Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to thecondition that the period of such lease shall, notwithstanding anything contained in that Act, extend up toa 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 theholder of such lease and on an application being made by him in accordance with the provisions of theMines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and upto the maximum period for which, such lease can be renewed under the provisions of that Act and therules made thereunder.