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Search Results Judgments > Act:MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957

Jul 26 2012

Monnet Ispat and Energy Ltd. Vs. Union of India and Ors.

  • Decided on : 26-Jul-2012

Court : Supreme Court of India

... regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 and the Amendments 46. 1957 Act came into effect on June 1, 1958. It has been amended from time to time.47. Section 2 of the 1957 Act ... regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. On account of this provision it became imperative to have a separate legislation. In order to provide for the regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 and the Amendments 46. 1957 Act ... minerals development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. On account of this provision it became imperative to have a separate legislation. In order to provide for the regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 ...

Jan 15 2004

The State of West Bengal Vs. Kesoram Industries Ltd. and Ors.

  • Decided on : 15-Jan-2004

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

... Mines and Minerals(Regulation and Development) Act, 1948, in regard to modification of theterms and conditions of mining leases for coal granted before thecommencement of that Act, though other minerals have been covered.2. The Mines and Minerals (Regulation and Development) Act, 1957 (67 of1957), which replaces the Act of 1948, however, specifically extends therate of royalty prescribed in the Second Schedule to mining ... minerals. It is in recognition of this that no ruleshave been framed so far under Section 7 of the Mines and Minerals(Regulation and Development) Act, 1948, in regard to modification of theterms and conditions of mining leases for coal granted before thecommencement of that Act, though other minerals have been covered.2. The Mines and Minerals (Regulation and Development) Act, 1957 (67 of1957), which replaces the Act ... Mineral Rights" means rights conferred on a lessee under a mininglease granted or renewed for mining operations in relation to Minerals(providing operation for raising, winning or extracting coal) as defined inthe Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67of 1957)."3.(1) The. Authority may, subject to Sub-rules (2) and (3) impose a cesson mineral rights on such minerals and minor minerals and at such rates asspecified below:Mineral/ Minor Mineral ...

Mar 05 1986

D.K. Trivedi & Sons and Ors. Vs. State of Gujarat and Ors.

  • Decided on : 05-Mar-1986

Court : Supreme Court of India

Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)

... Mines and Minerals (Regulation and Development) Act, 1957, is constitutional and valid and the rule-making power conferred thereunder upon the State Governments does not amount to excessive delegation of legislative power to the executive. (2) There are sufficient guidelines provided in the 1957 Act for the exercise of the rule-making power of the State Governments under Section 15(1) of the 1957 Act ... to the constitutionality of Section 15(1) of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957), the power of the State Governments to make rules under the said Section 15 to enable them to charge dead rent and royalty in respect of leases of minor minerals granted by them and to enhance the rates of ... of Gujarat has granted quarry leases and mining leases in respect of minor minerals such as black trap, limestone, murmur, betonies, rubble, marble, sandstone, quartzite, etc. In exercise of the powers conferred -by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, the Government of Gujarat made the Gujarat Minor Mineral Rules, 1966. The said Rules came into ... the conditions in a lease in respect of minor minerals relating to the financial liability of a lessee derived their authority from Sub-section (3) of Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, while conditions, other than those relating to a lessee's financial liability, regulating the grant of a lease derived their authority, from Sub ...

Sep 08 1993

State of Karnataka Vs. Dundamada Shetty

  • Decided on : 08-Sep-1993

Court : Karnataka

Reported in : ILR1993KAR2605; 1994(3)KarLJ378

... Mines and Minerals (Regulation & Development) Act, 1957 read with Section 4 thereof. Now it is true that as per Section 14 of the said Act as amended by Mines and Minerals (Regulation and Development) Amendment Act 1986, Act No. 37/1986, provisions of Sections 5 to 13 (inclusive) shall not apply to quarry leases, mining leases or other mineral concessions in respect of minor minerals ... Minerals (Vesting of Rights) Act, 1973 despite the Central Act, namely, the Mines and Minerals (Regulation and Development) Act, 1957 holding the field. Negativing the contention that the State had lost legislative competence on account of the Central Act, the Supreme Court speaking through Mr. Justice M.H. Beg, (as he then was) observed as follows:-'The provisions of the Central Act (i.e. the Mines and Minerals (Regulation & Development) Act ... Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Mines and Minerals Act' for short). Section 2 of the Act contains declaration as to expediency of Union control and declares that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided. Section 3 of the Act ...

Dec 21 1984

Chandeswar Prosad Singh and Anr. Vs. Sub Divisional Land Reforms Offic ...

  • Decided on : 21-Dec-1984

Court : Kolkata

Reported in : AIR1986Cal1,89CWN414

... Mines and Minerals (Regulation and Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.Section 3. In this Act, unless the context otherwise requires -- (a) 'minerals ... Act, the said Rules and the Notifications issued thereunder.A. The Mines and Minerals (Regulation and Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals ... Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.Section 3. In this Act, unless the context otherwise requires -- (a) 'minerals' includes all minerals ...

Jul 20 2007

B. Agarwal Stone Product Limited through its Managing Director, Birsh ...

  • Decided on : 20-Jul-2007

Court : Allahabad

Reported in : 2007(4)AWC3470

... regulation, and development of mines and minerals is completely occupied by the Parliamentary legislation Mines and Minerals (Development and Regulation) Act, 1957 (herenaafter referred to as the Mines Act') and the Rules framed thereunder and, therefore, the State Legislate us it denuded from enacting any Act for regulation and control of minerals; that since the Mines Act is a special Act dealing with development and regulation of mines and minerals, the same will prevail over the Zila Panchayat Act ... mines and minerals pertaining to U.P. Minor Minerals (Concession) Rules, 1963 and the Mines and Minerals (Regulations and Development) Act, 1957. In our considered view, it is not permissible for the Zila Panchayat to impose such tax relating to transportation of sand being a part of mines and minerals felling within the purview of the Mines and Minerals (Regulation and Development) Act, 1957, as well as U.P. Minor Minerals ... mineral lands and mineral rights and the parliament having enacted the Mines and Minerals (Development and Regulation) Act, 1957, the field was entirely covered and the State Legislature was incompetent to levy the tax. Reliance was placed on. India Cement, Orissa Cement and Buxa Dooars Tea Co. Ltd. (supra). Only mineral ...

Apr 26 1994

M/s. Buthello & Co. and etc. etc. Vs. State of Maharashtra and others

  • Decided on : 26-Apr-1994

Court : Mumbai

Reported in : AIR1994Bom382; 1995(1)BomCR522; 1995(1)MhLj198

... Mines and Minerals (Regulation and Development) Act, 1957 to provide for the regulation of mines and the development of minerals under the control of he Union. Section 2 of the Act declares that it is expedient in the public interest that the Union should take under its control the regulation of mines and the developmentof minerals to the extent provided in the Act. Section 4 of the Act ... regulation and development of mines and minerals under the control of the Union would, by necessary implication, include the power to acquire mines and minerals. Relying on these observations, it was argued that the Mines and Minerals (Regulation and Development) Act, 1957 makes requisite declaration under Section 2 of the Act and power to acquire all subsisting rights to mines and minerals ... mining operations in favour of respondents Nos. 4 to 17.2. The Central Government passed Legislation known as 'the Mines and Minerals (Regulation and Development) Act, 1957 to provide for the regulation of mines and the development of minerals under the control of he Union. Section 2 of the Act declares that it is expedient in the public interest that the Union should take under its control the regulation of mines and the developmentof minerals ...

May 09 1980

Tara Prasad Singh and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 09-May-1980

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

... mines after taking them over under the Coal Mines (Taking Over of Management) Act, 1973 or to get the concerned mining leases prematurely terminated and regranted to Government Companies under the Mining and Minerals (Regulation and Development) Act, 1957. In view of the policy followed by the Central Government that the Coal Industry is to be in the nationalised sector, it was decided that the Coal Mines Nationalisation Act ... Act, 56 of 1972, which came into force on, September 12, 1972, Section 4A was added to the Mines and Minerals (Regulation and Development) Act 1957. That Section provides for premature termination of mining leases and the grant of fresh leases to Government companies or Corporations owned or controlled by Government.22. The Coal Mines (Taking Over of Management) Act ... Act for making good his point that the latter serves no public interest since it merely terminates all existing leases. The contrast, it is argued, is also provided by Section 4A of the Mines and Mineral Regulation and Development Act 1957 which, while providing for premature termination of mining leases, requires that such termination has to be followed by the granting of a fresh mining lease so that the mines ...

May 20 1968

Shanthi Saroop Sharma and Anr. Vs. State of Punjab and Ors.

  • Decided on : 20-May-1968

Court : Punjab and Haryana

Reported in : AIR1969P& H79

... 1957 , when the Mines Minerals (Regulation and Development) Act was enacted, the State Government had the power to prescribe rules for regulating the extraction of minor minerals, vide Section 8, The Mines Minerals (Regulation and Development) Act. 1948, Rule 4 , Mineral Concession Rules, 1949. Royalty was being collected for minor minerals also, So was the position before the Constitution came in 1950. In that context, if the Act of 1957 ... Mineral Concession Rules, 1964, could be framed. This question was considered at length in AIR 1965 Pat 491 (supra) , where Mahapatra, J., observed as follows:--'Admittedly , before 1957 , when the Mines Minerals (Regulation and Development) Act was enacted, the State Government had the power to prescribe rules for regulating the extraction of minor minerals, vide Section 8, The Mines Minerals (Regulation and Development) Act. 1948, Rule 4 , Mineral ... mines and Minerals (Regulation and Development ) Act, 1957 (hereinafter called the Act ) does not empower the State Government to ask for royalties is hardly tenable. Under Entry No. 54 of list I in Seventh Schedule of the constitution it is the parliament which has the power to make legislation for 'regulation of mines and minerals development to the extent to which such regulation and development ...

Aug 28 1969

Baijnath Kadio Vs. State of Bihar and Ors.

  • Decided on : 28-Aug-1969

Court : Supreme Court of India

Reported in : AIR1970SC1436; 1971(0)BLJR798; (1969)3SCC838; [1970]2SCR100

... mineral within the meaning of Clause (c) of Section 3 of the Act of 1948.8. We now come to the year 1957. In that year Parliament enacted the Mines and Minerals (Regulation and Development) Act, 1957 (Act 67 of 1957). It came into force from December 28, 1957. Act 67 of 1957 made amendments in the Act of 1948 so as to make the latter relate to oilfields only. All references to minerals ... 1957. In that year Parliament enacted the Mines and Minerals (Regulation and Development) Act, 1957 (Act 67 of 1957). It came into force from December 28, 1957. Act 67 of 1957 made amendments in the Act of 1948 so as to make the latter relate to oilfields only. All references to minerals other than oil were removed, with the result that it became legislation exclusively relating to oil and gas. Since the Act ... Act XXX of 1950.-In Section 10 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950) (hereinafter referred to as the said Act).-(a) in Sub-section (2), the following second proviso shall be added, namely :Provided further that the terms and conditions of the said lease in regard to minor minerals as defined in the Mines and Minerals (Regulation and Development) Act, 1957 (Act LXVII of 1957 ...

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