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

Summary of The Goa, Daman and Diu Mining Concession (Abolition and Declaration as Mining Leases) Act, 1987
Overview
1. Objective: - Abolish mining concessions in Goa, Daman, and Diu under former Portuguese laws.
• Convert these concessions into mining leases governed by the Mines and Minerals (Regulation and Development) Act, 1957.
2. Key Provisions: - Conversion Process:
• First Schedule Concessions: Abolished from the "appointed day" (20th December 1961) and converted to mining leases.
• Second Schedule Concessions: Abolished from the day after their grant date and converted similarly.
• Lease Terms:
• Initial Period: Up to 6 months from the Act's assent date.
• Renewal: Subject to application and compliance with the Mines and Minerals Act, 1957.
3. Definitions & Precedence:
• "Appointed Day": Defined as 20th December 1961.
• Precedence: This Act overrides any conflicting laws, court orders, or judgments.

Legislative History:

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

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

Act Number/Year - 18 of 1987

Act ID (India Code) - 198718

Presidential Assent Date - May 23, 1987

Enforcement Date - May 23, 1987

Nodal Ministry - Ministry of Mines

Precedent & Historical Rationale

Portuguese Colonial Legacy and Unique Concession System:

Prior to the liberation of Goa, Daman, and Diu in 1961, mining operations in the region were governed by colonial Portuguese laws (specifically the Regulamento de Concessao de Terceiros and related mining decrees). Under this system, perpetual or long-term "concessions" (concessões mineradoras) were granted to private operators rather than standard, regulated mining leases under regular Indian mineral legislation like the Mines and Minerals (Development and Regulation) Act, 1957. Post-liberation, these concessions continued to operate under a protected transitional legal framework.

Need for Uniform National Mineral Regulation:

Decades after liberation, the continuation of colonial-era concessions created administrative anomalies, environmental degradation, and a lack of systematic revenue control compared to the rest of India. To bring mineral administration in Goa into conformity with the national regulatory regime, abolish archaic perpetual rights, and convert these concessions into regulated mining leases under the MMDR Act, Parliament enacted this specific statutory measure.

Parliamentary Trajectory & Enactment

Formulation:

Drafted by the Ministry of Mines to abolish old colonial mining concessions granted in Goa, Daman, and Diu, convert them into regular mining leases under Indian statutory law for a limited transitional period, and establish provisions for compensation and regulatory oversight.

Parliamentary Passage:

Introduced, debated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the budget session of 1987.

Presidential Assent: Received Presidential Assent on May 23, 1987.

Enforcement: Enforced on October 1, 1987.

Source: Official Records of Parliament, India Code, and Ministry of Mines.