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Search Results Judgments > Phrase:MINES AND MINERALS (DEVELOPMENT AND REGULATION) 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Jan 05 2009

Western Coalfields Ltd. through the Chief General Manager Vs. The Stat ...

  • Decided on : 05-Jan-2009

Court : Mumbai

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

... mining leases must be held to have been repealed by the Central Act viz. the Mines and Minerals (Regulation and Development) Act, 1948, and the Mines and Minerals (Regulation and Development) Act, 1957. This contention was repelled by this Court by holding that Sections 78 and 79 of the Madras District Boards Act had nothing to do with the development of mines and minerals or their regulation ... Mineral Concession Rules, 1960 framed under Section 13 of Mines and Minerals (Regulation and Development) Act, 1957; Petitioners are not obliged to pay any land revenue to State Government. Mineral Concession Rules, 1960 are referred to as 1960 Rules while Mines and Minerals (Regulation and Development) Act, 1957 is referred to as Act No. 67 of 1957 ... Mines and Minerals (Regulation and Development) Act, 1957; Petitioners are not obliged to pay any land revenue to State Government. Mineral Concession Rules, 1960 are referred to as 1960 Rules while Mines and Minerals (Regulation and Development) Act, 1957 is referred to as Act No. 67 of 1957 hereafter.(C) It is submitted that lands subjected to non-agricultural tax under the Maharashtra Land Revenue Code, 1966 are the lands wherein mining ...

May 07 1974

Chanan Mal Vs. The State of Haryana and Anr.

  • Decided on : 07-May-1974

Court : Punjab and Haryana

Reported in : AIR1975P& H102

... Act does not relate to regulation of mines and development of minerals. It is independent of the Central Act called the Mines and Minerals (Regulation and Development) Act 1957, and the rules made thereunder by the Central and the State Governments. It is then submitted that from the point of view of vesting of rights to minerals, the Act is analogous to the provisions of Section 41 of the Punjab Land Revenue Act and such mineral ... Act relating to acquisition of minerals in land and the State Legislature was fully competent to enact such law under Entry No. 18 of the State List and Entry No. 42 of the Concurrent List.' In para. 12 it has again been said that the Act does not relate to regulation of mines and development of minerals. It is independent of the Central Act called the Mines and Minerals (Regulation and Development) Act 1957 ... regulated by the said Act (Mines and Minerals (Regulation and Development) Act. 1957) and the Punjab Minor Mineral Concession Rules, 1964, irrespective of the fact whether the right to saltpetre vests in Government or in a person other than the Government.'At another place (para. 4). it is stated that-'the acquisition of minerals and Payment of amounts therefor is quite distinct from the regulation and development of minerals ...

Feb 20 1970

Gangadhar N. Agrawal Vs. Union of India and Ors.

  • Decided on : 20-Feb-1970

Court : Delhi

Reported in : ILR1970Delhi452

... Mines & -Minerals (Regulation & Development) Act, 1957, to the grant of a prospecting license for iron ore in favor of Vinod Kumar Shantilal Gosalia. It was stated in the said letter that the Central Government in exercise of the powers conferred by section 30 of the Mines & Minerals (Regulation and Development) Act, 1957 ... Regulation, the Mines and Minerals (Regulation & Development) Act, 1957, and the Mineral Concession Rules, 1960, were made applicable to Goa, Daman and Diu with effect from 1st October, 1963. (20) On 16th September, 1964, the Mining Engineer, Department of Mines, Directorate of Industries & Mines, Goa, informed the petitioner by a communication (Annexure R-5) that his applications, dated 4th September, 1959, and 17th September, 1959, for the grant of mining ... Regulation No. 12 of 1962. Section 3(1) of the Regulation extended various Acts specified in the Schedule to the Regulation to Goa, Daman, and Diu. The Mines and Minerals (Regulation and Development) Act, 1957, was one such Act which was extended to Goa, Daman and Diu. However, sub-section (2) of section 3 provided that notwithstanding anything contained in sub-section (1), the provisions of each such Act ...

Mar 12 2004

Isra Mineral Exports (P) Ltd. Vs. Government of A.P. and Ors.

  • Decided on : 12-Mar-2004

Court : Andhra Pradesh

Reported in : 2004(3)ALD306; 2004(3)ALT696

... Mines and Minerals (Regulation and Development) Act, 1957. So far Baldev Singh case (supra) is concerned, it is a case relating to the provisions of Himachal Pradesh Municipal Act. So far as orders to be passed under Section 4-A of the Mines and Minerals (Regulation and Development) Act, 1957 by the Government is concerned, there is an express provision under Section 4-A(3) of the Mines and Minerals (Regulation and Development) Act, 1957 ... Mines and Minerals (Regulation and Development) Act, 1957. Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 empowers the State Government to make rules, for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. In the instant case, the quarry lease relates to black granite, which is a minor mineral covered by Andhra Pradesh Minor Mineral ... Mines and Minerals (Regulation and Development) Act, 1957, it is to be seen, the impugned order of cancellation of quarry lease, is not passed in exercise of powers under Section 4-A(2) of the Mines and Minerals (Regulation and Development) Act, 1957. Though the State Government is empowered to pass an order for premature termination of lease on the grounds specified under Section 4-A(2) of the Mines and Minerals (Regulation and Development) Act, 1957 ...

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