Himachal Pradesh Minerals (Vesting of Rights) Rules, 1989

1. Short titIe.- These rules maybe called the Himachal Pradesh Minerals (Vesting of Rights) Rules, 1989.

2. Definitions.- (I) In these rulesunlessthe context otherwise requires:- (a) "Act" means the Himachal Pradesh Minerals (Vestingof Rights) Act, 1983 (Act 17 of 1987): 5 (b) "Director" means theDirectorof Industries, Himachal Pradesh and includes anyother officer authorised by the Directorto perform all or any of the functions of the Director under these rules ; (c) "Form" means a form appended to these rules ; (d) "Gram Panchayat" means the Gram Panchayat as defined under the Himachal Pradesh Panchayati Raj Act, 1968 (Act 19of 1970); (e) 'Interested person"includes all persons claiming an interest in the amount to be paid on account of the acquisition of right of minerals in any land under the Act ; (I) "Minerals bearing land" means such land inrespect of which right to any minerals therein contained is acquired under section 3 of the Act; (g) "Section" mea ns the section of the Act. (2) All other words and expressions used herein but not defined in these rules, shall have the same meanings as are assigned to them in the Act. 3, Liability to pay,- The Government shall be liable to pay to every interested person such amo unt as shall be payable under section 4.

4. Collectionof statement and furnishing of statement to Collector.- (I ) The Director shall in every April year collect, collate and tabulate in Form-I the particulars of minerals land given on lease or contract. (2) The Director shall furnish to the Collector of the district concerned every year in the month of April, a statement in Form-II alongwith a copy of notification issued under section 3 relevant to the mineral bearing land. (3) The Directorshall alongwith the statement mentioned in sub-rule (2) deposit in cash with theCollector,the amount indicated in column (9) of the said statement for payment to the interested persons.

5. Calculation of royalty of dead rent.- In the caseof mineral bearing land which had been exploited by the State itselfi n the preceding year ending on 31st March, the State Government shall calculate the royalty of dead rent, whichever is higher, of the quantity of mineral or minerals actually raised and removed from the mine or quarry and furni sh the statement, mutatis mutandis,to the Collector in the form and manner laid down in rule 4.

6. Public notice.- (I) On receipt of information mentioned in sub-rule (2) of rule 4 and rule 5, the Collector shall cause a public notice to be given at convenient places on or near the mineral bearing land concerned and shall also have a copy thereof sent through a registered post to the Security of Panchayat concerned for affixing the same at some conspicuous place of the Panchayat Ghar. (2) Every notice under sub-rule (I) be given in Form-III and it shall require all interested persons to appearpersonally or through an agent before the 6 Collector at a time and place mentioned therein (such time not beingearlier than thirty days after thedate of issue of notice) and to file a claimshowing the nature of his interest and objection, if any: Provided that the Collector may entertain such claim, after the expiry of the period prescribed in this sub-rule, if he is satisfied that the interested person was prevented by sufficien t cause from submitting the claim by the prescribed date. (3) The Collector shall also serve such notice on the owner and occupier of such land as recorded in the record of rights prepared under the Himachal Pradesh Land Revenue Act, 1953, (Act No. 6 of 1954) . (4) Where the person on whom notice to be served, cannot be found, a copy of such notice shall, in addition to any other manner of service, be affixed in conspicuousplace of residence or business of such person(s) or be delivered to some adult member of the family of such person(s).

7. Summoning ofwitnesses.- For the purpose of enquires under these rules the Collector shall have power to summon and enforce the attendance of witnesses, including the interested persons or any of them and to compel the production of documents by the same mean; and so far as may be in the same manner as is provided in the case of Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).

8. Enquiry regarding objections.- (I ) The Collector shall proceed to enquire into the objections, if any, which any interested person has stated pursuant to notice given under rule 6, into the respective interests of the persons claiming the amo unt, and thereafter make an award of:- (I) the true area of the mineral bearingland of each person known to be interested in such land, and (il) the quantum of amount of pay to each of the persons known to be interested in the mineral bearing land, of whose claim he has information whether or notthey have respectively appeared before him. (2) Where there are several interested persons if such persons agree in apportionment of the amount, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

9. Payment ofthe amount awarded .- (I) On makingan award under rule 8, the Controller shall tender payment of the amount awarded by him to the interested persons according to the award, and shall pay it to them unless prevented by one or more of the contingencies mentioned in the sub-rule(2) of this rule. (2) If the interested persons do not consent to receive it, or if there is no person competent to sell out the minerals in their land or if there be any dispute 7 as to the title to receive the amount or as to the apportionment of it, the Collector shall not pay the same : Provided that any person admitted to be interested may receive such amount under protest: Provided furth er that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 5: Provided further that nothing thereincontained shallaffect the liability of any person, who may receive the whole or any partof any amount awarded under these rules to pay the person or any persons lawfully entitled thereto.

10. Reference to Court.- In makingthe reference to the Court in terms of section 5, the Collector shall for the informationof the Courtstate in writing, the following particulars, namely:- (a) the situation and extend of mineral bearing land with names of mineral acquired by the state Government; (b) the names of the persons whom he has reason to believe are interested in such land ; (c) the amount of money awarded under rule 8; and (d) if there is an objection to quantum of amount, or regarding the person to whom it is payable, the documentson the basis whereof such amount was determined or such persons were found entitled, as the case may be. II . Limit of amount to be awarded .- Subject to the limits of the quantum of the amount payable under section4, if the applicant has made a claim to any amount pursuant to a notice under rule 6, the amount awarded to him by the Court shall notexceed the amount so claimed. FORM-I [See rule 4(1)] PARTICULARS OF MINERAL BEARING LAND GIVEN ON LEASE OR CONTRACT District Tehsil Village Quany (specify name of the mineral) 1. 2. 3. 4. 8 Period of Area exploited Amount of royalty/contract paid from operation KhasralKhatauni from l " April or from commencement of quarry Numbers of lease/contract whichever is later to the following 3\ " March 5 6 7 FORM-II [See ru le 4(2)] PARTICULARS OF MINERAL BEARING LAND GIVEN ON LEASE OR CONTRACT District Tehsil Village Quarry (specify/ Period of name of quarry) operation of quany 1. 2. 3. 4. 5. Area exploited Amount of royalty/contract Period of Total amount (give Khasra/ paid from l " April or from contract payable for the Khatauni commencement of contract, year ending on numbers) whichever is later, to the 3\" March. following, 3 \" March. 6. 7. 8. 9 FORM-III 9 [See rule 6(2)] NOTICE FOR FILING CLAIMS ON ACCOUNT OF MINERALS ACQUIRED BY GOVERNMENT "Whereas the State Government by notification No dated ......... published in the Rajpatra, Himachal Government dated has acquired the right to the minerals in the land specified belowunder section 3 of the Himachal Pradesh Minerals (Vesting of Rights) Act, 1983, all interested persons hereby called upon to attend personally, or through an agent at place ............ on the date at time O'clock to file a claim showing the nature of their respective interestin such mineraland theirclaimto the amount on the basis of such interest and their obj ections if any. The claim shall be in writing and signed by the claimant or his agent: - PARTICULARS OF THE MINERAL BEARING LAND DEVISED BY GOVERNMENT District Tehsil Village with Area with KhasralKhatauni number belonging Hadbast No to the claimant and exploited during the year. ending on 31" March J. 2. 3. 4 Nameof the mineral in Period of contract/lease Total amount payable to him respect of which mining with name of contract or payable forthe year lease/contract granted or lessee ending on 31" March 5 6 7 This notice is issued under rule 6(2) of Himachal Pradesh Minerals (Vesting of Rights) Rules, 1989. Date and Seal ...... Collector . Place .. District .. (R.H.P. dated 2.10.93 p. 2005-2008).