Coal Bearing Areas (Acquisition and Development) Act,1957
Act No : 20
Section :
Compensation for prospecting licences ceasing to have effect, rightsunder mining leases being acquired, etc.
13. Compensation for prospecting licences ceasing to have effect, rights under mining leases being acquired, etc. (1)Where a prospecting licence ceases to have effect under section 5, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of all items of reasonable and bona-fide expenditure actually incurred in respect of the land, that is to say,- (i) the expenditure incurred in obtaining the licence; (ii) the expenditure, if any, incurred in respect of the preparation of maps, charts and other documents relating to the land, the collection from the land of cores or other mineral samples and the due analysis thereof and the preparation of any other relevant records or material ; (iii)the expenditure, if any, incurred in respect of the construction of roads or other essential works on the land, if such roads or works are in existence and in a usable condition ; (iv) the expenditure, if any, incurred in respect of any other operation necessary for prospecting carried out in the land. (2) Where the rights under a mining lease are acquired under this Act, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of the following items, namely,- (i) if the lease was granted after prospecting operations had been carried out in respect of the land under a prospecting licence, the sum of all items of reasonable and bonafide expenditure actually incurred with respect to the matters specified in clauses (i), (ii), (iii) and (iv) of subsection (1) before the date of the lease: Provided that where two or more leases had been granted in relation to any land covered previously by one prospecting licence, only so much of the expenditure aforesaid as bears to the total expenditure the same 77 proportion as the area under the mining lease in respect of which the rights have been acquired bears to the total area covered by the mining leases shall be payable under this clause ; (ii) any reasonable and bona fide expenditure of the nature referred to in clauses (i), (ii) and (iii) of sub,-section (1) actually incurred in relation to the lease, together with the salami if any, paid for obtaining the lease ; (iii) the expenditure, if any, incurred by way of payment of dead-rent or minimum royalty during any year or years when there was no production of coal; (iv) interest on any such expenditure referred to in clauses (i), (ii)and (iii) as has actually been incurred 1[up to] the year in which the rights under the lease are acquired, interest being calculated in the following manner, that is to say,-- interest at the rate -of five per centum per annum in respect of the expenditure incurred during each calendar year for the first five years commencing from the year in which such expenditure was incurred plus interest at the rate of four per centum per annum in respect of each subsequent year after the expiration of the first five years and ending with the year in which the rights under the lease are acquired : Provided that the total sum payable under this clause shall not exceed one-half of the total amount referred to in 2[clauses (i), (ii) and (iii) ]. (3) Where the rights under a mining lease acquired under section 9 relate only to a part of the land covered by the mining lease, the amount of compensation payable shall be such as bears to the total compensation which would have been payable if the rights of the mining lessee in respect of the entire land had been acquired, the same proportion which the area of the land in respect of which the rights are acquired bears to the total area of the land covered by the mining lease. (4) Where a mining lease ceases to have effect for any period under clause (b) of section 5, there shall be paid by way of compensation for the period during which the lease so ceased to have effect, a sum equivalent to five per centum of any such expenditure as is --------------------------------------------------------------------- 1 Subs. by Act 51 of 1957, s. 6, for "during the period commencing from the date of the lease and ending with " (w.e.f. 12-6-1957). 2Subs. by s. 6, ibid., for " clauses (ii) and (iii) " (w.e.f. 12-6- 1957). --------------------------------------------------------------------- 78 referred to in clauses (i) and (iii) of sub-section (2) for each year during which the lease remains suspended. (5) Where any land is acquired under section 9, there shall be paid compensation to the person interested the amount of which shall be determined after taking into consideration- (a) the market value of the land at the date of the publication of the notification under sub-section (1) of section 4 ; Explanation.-The value of any minerals lying in the land shall not be taken into consideration in determining the market value of any land; (b) the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the taking possession thereof ; (c) the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of severing such land from other land ; (d) the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings; (e) if, in consequence of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change ; and (f) the damage, if any, bona fide resulting from diminution of the profits of the land between the time of the publication of the notification under sub-section (1) of section 4 and the time of the publication of the declaration under sub-section (2) of section 9. 1[(5A) In determining the amount of compensation for any land acquired under section 9, any increase to the value of the other land of the person interested, likely to accrue from the use to which the land acquired will be put shall not be taken into consideration.] (6)Where any operation carried on by or on behalf of the Central Government in the exercise of any powers conferred by this Act causes or is likely to cause damage to the surface of any land or any works thereon and in respect thereof no provision for compensation is made elsewhere in this Act, the competent authority shall pay or tender payment for all such damage, and, in case of dispute as to the sufficiency of the amount so paid or tendered or as to the ---------------------------------------------------------------------- 1 Ins. by Act 54 of 1971, s. 4. ---------------------------------------------------------------------- 79 personto whom it is to be paid or tendered, he shall refer the dispute to the decision of the Tribunal. (7)No compensation under this section in relation to maps, charts and other documents shall be paid unless the person to whom it is payable has delivered to the prescribed authority all the maps, charts and other documents.
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