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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: kolkata Page 1 of about 1 results (0.014 seconds)

Oct 30 2003 (HC)

Bengal Brickfields Owners' Association and Ors. Vs. State of West Beng ...

Court : Kolkata

Reported in : 2006(2)CHN577

..... entry 54 of list i, regulation of mines and minerals development is in the field of parliamentary legislation '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.' such a declaration is contained in section 2 of the m.m.r.d. act, 1957, which has been set ..... brickfields under the provisions of west bengal land reforms act, the said amended section 4c of the said act namely, land reforms act also had no manner of application to the cases of minor minerals in view of the declaration under section 2 of the mines and minerals (regulation and development) act, 1957:the entire field relating to mines and minerals came to be occupied by parliament and parliament alone ..... respect of minor minerals in the first place.31. as aforesaid, though the direction for ..... the said 1957 act and the state legislature had no independent law-making power of their own and as such section 4c of the west bengal land reforms act as introduced by the said amendment in the year 1981 could not operate as a valid provision in view of the provision made in section 15 of the said mines and minerals (regulation and development) act, 1957, in .....

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Feb 02 2007 (HC)

Bengal Brickfield Owners' Association and Ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : 2007(4)CHN576

..... upon minerals including the brickearth, a minor mineral, after enactment of the mines and minerals (development and regulation) act, 1957.5. it has been submitted by mr. chakraborty that brickfield owners have to pay royalty to the state government. even though royalty surcharges and cess is being paid under the provisions of the west bengal minor mineral rules, 2002 and the cess act, but the state government by amending section ..... enactment of mines and minerals (development and regulation) act, 1957 by the central legislature the entire legislative field relating to brickearth which has been declared as minor mineral, vests within the legislative power and scope of central government and as such all entries under list-ii of seventh schedule to the constitution are inoperative in respect of brickfields and/or brickearth and as such the amendment of ..... advance royalty without any claim of rent and/or surcharge on brickearth, a minor mineral;(c) a declaration, declaring that the state government, as a delegated authority under the mines and minerals (development and regulation) act 1957 has no legislative competence to claim any rent and/or surcharge on brickearth a minor mineral and the west bengal land reforms and tenancy tribunal has no legislative competence to .....

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Jan 28 1983 (HC)

industrial Fuel Marketing Co. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1983Cal253

..... 2) of the mines and minerals (regulation and development) act, 1957 and also because it was in respect of the property belonging to the respondent no. 3. even assuming but not admitting that the lease is a valid one, yet the lease being undisputedly for the winning of coal such a lease stood terminated with effect from april, 1976 when the amendment act came into force ..... state government is the owner ofthe same by virtue of the entire estate including the minerals having vested in the state government under the provisions of bihar land reforms act. it has also been recited therein that in the second schedule attached to the mines & minerals (regulation and development) act, 1957 (act 67 of 1957) there are six groups of coal and the ejects/ sludge have ..... or to the land whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to win coal particles coming ..... out of the washeries with the water overflowing the slurry ponds and lying on the adjoining fields and river bed as the same is the property of the respondent no. 3. moreover, it is a mining .....

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Dec 21 1984 (HC)

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

Court : Kolkata

Reported in : AIR1986Cal1,89CWN414

..... recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government after commencement of the mines and minerals (regulation and development) amendment act, 1972 together with the interest due thereon shall be a first charge on the assets of the holder of the prospecting licence or ..... and, therefore, ultra vires. the learned judge observed as follows (at p. 63) :-- 'after the declaration of the central government under section 2 of the mines & minerals (regulation and development) act, 1957 the entire field relating to mines and minerals came to be occupied by the parliament. the state government only as a delegated authority has been empowered to prescribe rules relating to minor ..... mining lease, as the case may be.'section 28. (1) every rule and every notification made by the central government under this act shall be laid as soon as may be after it is made, ..... of all intermediaries on the subsoil, mines and minerals vested in the state of u.p.the supreme court, thereafter, construed the mines & minerals (regulation and development) act, 1957 and the u.p. mines and minerals rules, 1963. rule 3 of the uttar pradesh rules laid down that no person could undertake any mining operation for extraction of any minor mineral within the state except under and in .....

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Feb 05 2003 (HC)

Rajgaon Stores Company (P) Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2003)3CALLT119(HC)

..... is also a big question. 11. section 16 of the mines and minerals (regulation and development) act, 1957 speaks as follows: power to modify mining leases granted before 25th october, 1949-(1)(a) all mining leases granted before the commencement of the mines and minerals (regulation and development) amendment act, 1972 (if in force at the date of commencement of the mines and minerals (regulation and development) amendment act, 1994 shall be brought in conformity with the provisions of ..... date of the commencement of the mines and minerals (regulation and development) amendment act, 1994), or such further ..... this act and the rules made thereunder within (two years from the .....

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May 09 2008 (HC)

Chhotelal Choudhury and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN1060,2008CriLJ3655

..... not legally empowered to issue quarry permits in accordance with the provision of section 4(c) of the west bengal land reforms (amendment) act, 1981 and the west bengal minor minerals rules, 1973. thus the said ..... proceeding being g.r. case no. 240 of 2005 under section 4(d) of the west bengal land reforms act, 1955 and sections 21(1) and 21(2) of the mines and minerals (development and regulation) act, 1957 read with section 30 of the west bengal mines and minerals rules, 1973 and under section 290/397/447 of the indian penal code now pending before the learned sub ..... of the minor minerals. at page 37 of the judgment it was held that concerned authorities were ..... of the said act, 1957 and the state legislature has no independent law making power of their own and as such section 4(c) of the west bengal land reforms act as introduced by the amendment in the year 1981 could not operate as a valid provision in view of the provision made in section 15 of the mines and minerals (regulation and development) act, 1957 in respect .....

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Jun 14 1999 (HC)

State of West Bengal and ors. Vs. Purulia District Contractors Associa ...

Court : Kolkata

Reported in : AIR1999Cal163

..... lease from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. (2a) the holder of a mining lease, whether granted before or after commencement of the mines and minerals (regulation and development) amendment act, 1972. 56 of1972 shall not be liable to pay any royalty in respect of any coal consumed by a workman ..... engaged in a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month. (3) the central government may, by notification in the official gazette, amend the ..... of entry 54 list i of the 7th schedule of the constitution of india enacted mines and minerals (regulation and development) act. section 9 of the said act reads thus :--'9. royalties in respect of mining leases :-- (1) the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in instrument of lease or in any law in force at ..... high court on the ground that no royalty was payable to the state government as mining leases had not been ganted in terms of the provisions of mines and minerals (regulations and development) act, nor such leases conform to the provisions ofsection 105 of the transfer of property act. while dealing with the aforementioned contention, the apex court held at page 864 :--'we .....

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Feb 13 1974 (HC)

Shyam Sundar Rathi Vs. the Addl. District Magistrate, Bankura and ors.

Court : Kolkata

Reported in : AIR1975Cal58

..... to enact laws for 'regulation of mines and mineral development' can take under its control 'regulation of mines and development of minerals' to the extent provided.10. section 2 of mines and minerals (regulation and development) act, 1957 (act 67 of 1957) contains a declaration to the said effect. section 15 of the mines and minerals (regulation and development) act, 1957 (act 67 of 1957) which ..... came into force on and from the 28th december, 1957 empowered the state governments to make rules for regulating ..... 4(2-a)(b) and whether it directly provides for matters covered by the declaration of the central government under section 2 of the mines and minerals (regulation and development) act. 1957. under section 4(2) raiyats have been denied right to subsoil of their holdings. therefore, clauses (a) and (b) ..... the 22nd march. 1969 amended its earlier notification, dated the 1st june, 1958 by substituting the words 'morrum brick-earth'.12. the governor of west bengal in exercise of his power conferred under sub-section (1) of section 15 of the mines and minerals (regulation and development) act, 1957 (act 67 of 1957) has .....

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Sep 24 1980 (HC)

Commissioner of Income-tax Vs. West Chusick Coal Co. Ltd.

Court : Kolkata

Reported in : (1981)20CTR(Cal)269,85CWN304,[1981]129ITR62(Cal)

..... ' new delhi--the 29th december, 1961. s.o. no. 3094 : in exercise of the powers conferred by section 30a of the mines and minerals (regulation and development) act, 1957 (67 of 1957), the central government hereby directs that the provision of subsection (1) of section 9 of the said ..... and the right to claim royalty by the state which was payable to the lessor of the mining lease had become ineffective. realising such position, the government amended the provision by the west bengal estates acquisition (amendment) act, 1964, whereby sub-section (2) of section 5 was added and the relevant clause was ..... payability or liability. legal liability cannot be in vacuum. the right of the state to receive royalty accrued with the coming into operation of the amended act of 1964. in that view of the matter, we are of the opinion that the tribunal was right in the conclusion that it reached and ..... the claim of the lessor to get the royalty was revived with retrospective effect by the coming into operation of section 5(2) of the amended act. if that is the correct position, then, in our opinion, in the facts and circumstances of the case., it is not the question of ..... royalty but that right remained ineffective in west bengal and it became effective only with the introduction of the west bengal estates acquisition (amendment) act, 1964, though the original act was given retrospective effect. so, on that date with retrospective effect, it revived the claim. the result of the retrospective operation is .....

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Jan 25 1960 (HC)

Katras Jharia Coal Co. Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1960Cal646,66CWN304

..... in detail into all these acts, rules and regulations. roughly speaking, the argument is as follows: under these acts and rules, the more prominent amongst them being (i) mines and minerals (regulations and development) act, 1948, (ii) mineral concession rules 1949 (in) mining leases (modification of terms) rules 1956 and (iv) minerals conservation and development rules 1958--, it is provided that leases for mining purposes including sub-leases are ..... followed by an amending act, being west bengal act no. iv of 1957. the definition of the word, 'intermediary', as amended, stands as follows:'section 2(1)--'intermediary' means a proprietor, tenure-holder, under-tenure-holder, or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder, and in relation to mines and minerals, includes a ..... on the ground that the compensation provided by the law was not adequate. this was done by the constitution ( 4th amendment) act, 1955. then, we have article 31a in which, clause 1 has now been substituted by the 4th amendment act, 1955. as it now stands, it is a further whittling down of the rights conferred by article 31(2). under ..... of the soil.18. in sri ram ram narain medhi v. state ot bombay, : air1959sc459 it was held that the object of the bombay tenancy and agricultural lands (amendment) act, 1956 was to do away with intermediaries and to establish direct relationship between the state and the tillers of the soil.19. in atma ram v. state of punjab, .....

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