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Section 4

The Punjab Minerals (Vesting of Rights) Act, 1994State Act of Punjab · Act 9 of 1996

(1) On the vesting of the right to the minerals in an y land under section 3, the person entitled to the right to the minerals in any land immediately before such vesting shall be paid annually, in the manner prescribed, an amount equal to ten per cent of the annu al contract money or of royalty or dead rent, whichever is higher, payable to the State Government on minerals raised in a year, fot a period of ten years with effect from such vesting :

Provided that if no contract or lease is given or the lessee does not be paid for that period raise the minerals forany period, no amount sh all and the aforesaid period of ten years shail be deemed to have been extended by that period :

shall commence

Provided further that the payment of the amount t of the period after the expiry of one year from the date of commencemen of contract or lease, as the case may be.

Explanation.—Where the State Government ¢ itself, the royalty or dead, rent, whichever is higher, if the State Government is the lessee.

xploits the minerals shall be calculated “2

(2) The Collector chall announce in the manner prescribed an order specifying the person or persons to whom the amount shall be paid.

(3) If there is any dispute as to the person or persons who are entitled to the payment of anount, the Collector shall by an order decide the dispute and if he finds that more than ene peisen is entitled to the amount he shall apportion the amount among such persons.

PUNJAB GOVT. GAZ. (EXTRA.), DEC. 12, 1996 (AGHN 21, 1918 SAKA)

5. () Any person who is not satisfied by the order of the Collector under section 4 may, by written application to the Collector, require that the matter be referred by the Collector for the determination of a principal civil court of original jurisdiction, whether his objection be to the quantum of amount, the persons to whom it is payable, or to the apportionment of the amount among the persons entitled thercto.

41

(2) The application under sub-section (/) shall state the grounds on which the objection to the order of the Collector is taken :

Provided that every such application shall be made,

(a) if the person making it was present or represented before the Collector at the time when he passed his order, within six weeks from the date of the order of the Collector ; and

(b) in other cases, within six weeks from the date of communication of ths order of the Collector.

(3) In making the reference, the Collector shall state for the infor mation of the principal civil court of original jurisdiction, in writing under his hand, such particulars as may be prescribed.

(4) On receipt of a reference under sub-section (3), the principal civil court of original jurisdiction may decide the matter itself or by a written order direct any civil court subordinate to it to decide the same.

6. The provisions of the Code of Civil Procedure, 1908 shall apply to all proceedings before the civil court under this Act.

7. An appeal shall lie to the principal civil court of original juris diction where the matter is decided by a civil court subordinate to it and to the High Court in other cases.

Where this provision sits

ActThe Punjab Minerals (Vesting of Rights) Act, 1994
Section4
JurisdictionState of Punjab
StatusIn force as published by the source

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