Skip to content


Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: madhya pradesh Page 1 of about 1 results (0.050 seconds)

May 06 2015 (HC)

Prabha Exim Pvt. Ltd., Thru. Kshitij Garg Vs. Public Words Department

Court : Madhya Pradesh

..... heights (p) ltd.(supra). 6. in reply, learned govt. advocate submits that in exercise of the powers conferred by subsection (1) of section 15 of mines and minerals (regulation and development) act, 1957, the state government amended the m.p. minor mineral rule, 1996 w.e.f. 23rd march, 2013 and as per 3rd proviso of sub-rules (1) of rule 68, the contractor engaged in construction ..... mining section, but after amendment dated 23/03/2013 all the contractors who are using the mineral in construction work are required to furnish royalty clearance certificate before finalisation of their bill as per terms of the contract and submitted that the writ petition has no merit and is liable to be dismissed. 8. amended rule 68 of rules of 1996 dated 23.03.2015 ..... minerals" shall be substituted. (2) after sub-rule (1), the following provisos shall be inserted, namely : "provided that information ..... reads as under: 26. in rule, 68 (1) in the heading for the words "permission for removal of minor minerals for central and state governments and their undertakings" the words "permission for removal of minor .....

Tag this Judgment!

May 07 1988 (HC)

Satna Stone and Lime Co. Ltd. and ors. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : AIR1988MP286; 1988MPLJ489

..... . 980 of 1988 that the introduction of item (e) in sub-section (1) of section 59 of the code by the amending act was beyond the legislative competence of the state legislature. according to him, the regulation of mines and mineral development to the extent mentioned to entry 54 of the union list was within the domain of the parliament and that in exercise of ..... specified in items (a), (b) or (d); (d) for industrial or commercial purpose. by the impugned amendment, item (e) in section 59(1) was inserted in following terms : '(e). for the purpose of mining under a mining lease within the meaning of mines and minerals (regulation and development) act, 1957 (no. 67 of 1957.)' a careful reading of section 59(1) of the code, with or ..... without the impugned amendment, would show that it does not levy or impose any land revenue on any land or ..... of lease between the state government and t he petitioners. the question for consideration, therefore, is whether the petitioners to whom the mining leases have been granted under the provisions of mining minerals (regulation and development) act, 1957, (hereinafter referred to as 'as act'), can be said to be the persons to whom land has been leased by the state government by virtue of these .....

Tag this Judgment!

Mar 07 2013 (HC)

Saheen Praveen Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... as rule 25a of 1960 rules. in view of the law laid down in ms.kalinga mining corporation (supra) read with rule 18-a of 1960 rules and section 19 of the mines and minerals (development and regulation) act, 1957 objection raised on behalf of the respondents no.3 and 4 against impleadment of legal ..... passed by respondent no.2, union of india, ministry of mines; whereby, the revision under section 30 of the mines and minerals (development and regulation) act, 1957 read with rule 55 of mineral concession rules, 1960 directed against the order dated 26-02-2007 granting prospecting mining license in favour of respondent no.3 and 4 has been ..... 35. in view of the conclusions recorded by us above, it is not necessary to express an opinion on the interpretation of rule 25a of the mineral concession rules, 1960. in any event, the judgment in the case of saligram (supra) has concluded that the rule would have only prospective operation. ..... 07-02-2013, wherein issue akin to present one as to whether rule 25-a, as introduced in the mineral concession rules, 1960, w.e.f.1st april, 1991, by way of amendment dated 20th february, 1991, clarificatory in nature, and hence retrospective or is it only prospective in nature. came ..... his personal qualifications. no provision has been pointed out to us in the rules for impleading an heir who could continue the application for a mining lease. the scheme under the rules seems to be that, if an applicant dies a fresh application has to be presented by his heirs or .....

Tag this Judgment!

Apr 17 2008 (HC)

S.N.S. (Minerals) Limited and ors. and N.M. Dubash Stone and Lime Co. ...

Court : Madhya Pradesh

Reported in : 2008(3)MPHT465

..... 'act of 1957'). being aggrieved by the amendment incorporated in the rules of 1988 vide the mineral conservation and development (amendment) rules, 2003, as contemplated under rule 23-f pertaining to submission of financial assurance, petitioners have filed this petition. it is ..... lease granted to them under the mineral concession rules, 1960. vide notification dated 10-4-2003 (annexure p-2) published in the gazette of india, the central government made certain amendments to the rules of 1988. the aforesaid amendment were made in exercise of the powers conferred on the central government under section 18 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as ..... the case of the petitioners that the amendment is contrary to the powers conferred on the central government .....

Tag this Judgment!

Mar 13 2009 (HC)

Jitendra Singh and anr. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2009(2)MPHT479

..... under article 226 of the constitution of india for declaring the provisions of sections 10 and 24a of the mines and minerals (development and regulation) act, 1957 (for short 'the act of 1957') and rules 22 and 26 and form 'k' prescribed under rule 31 of the mineral concession rules, 1960 (for short 'the rules of 1960') made thereunder as ultra vires the constitution of ..... the judgment in the case of keshwanand bharati (supra), the ninth schedule to the constitution was amended from time to time to include various acts and regulations and a question arose before the supreme court in waman rao (supra), whether such constitutional amendments to include acts and regulations in the ninth schedule are constitutionally valid and the supreme court held in para 52 at page ..... provision of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.in keshwanand bharati (supra), decided on 24th april, 1973, the majority of the judges of the supreme court ..... provisions of part iii of the constitution. he submitted that in waman rao v. union of india and ors. : air1981sc271 , the supreme court has held that various constitutional amendments by which amendments were made to ninth schedule of the constitution on or after 24th april, 1973 when the judgment of the supreme court in the case of keshwanand bharati v. state .....

Tag this Judgment!

Feb 25 1999 (HC)

National Mineral Development Corporation Ltd., Hyderabad Vs. State of ...

Court : Madhya Pradesh

Reported in : AIR1999MP112; 2000(1)MPLJ429

..... , employee, contractor or sub-lessee from the leased area at the rate for the time being specified scheduled in respect of said 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 of 1972) 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 docs not exceed one-third of a tonne per month. (3) the central government may, by notification in the official gazette, amend the second ..... relevant to mention here that the parliament has enacted. the mines and minerals (regulation and development) act, 1957 (for short the mmrd act). section 2 gives a declaration that the regulation of mines and development of mineral shall be governed by union as provided under the mmrd act. that means that the regulation of certain mines which are governed by the provisions of the act, the parliament alone shall be competent to enact. we .....

Tag this Judgment!

Dec 01 2011 (HC)

Hindustan Copper Limited Vs. the State of M.P. and Others

Court : Madhya Pradesh

..... support of his submissions he has invited our attention to the definition contained in section 2 (jj) of the mines act, 1952 as well as schedules i and ii appended to the mines and minerals (development and regulation) act, 1957. learned additional advocate general in support of his submissions has placed reliance on the decision of the supreme court in v.p. pithupitchai and another v. special ..... machinery situated in or adjacent to a mine and used for crushing, processing, treating and transporting the mineral. 4. the petitioner being aggrieved ..... ) are all situated in a large tract of land taken on mining lease from the state government. 3. section 3 of the m.p. electricity duty act, 1949 (hereinafter referred to as 'the act') which provides for levy of electricity duty on sale or consumption of electrical energy, was amended by m.p. act no.21 of 1986. explanation (b) to part b of section ..... 3 of the act defines the term mine to mean a mine to which the mines act 1952 applies and includes the premises or .....

Tag this Judgment!

Mar 29 1995 (HC)

The Associated Cement Companies Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1996MP116

..... ) provision for levy of entry tax on limestone is beyond the legislative competence of the state. (iv) the notifications are contrary to the provisions of section 9 of the mines and minerals (development and regulation) act, 1957 and, therefore, beyond the competence of the state government. (v) the petitioners who quarry limestone do not acquire or obtain the same and cannot be taxed. (vi) ..... industry, and imported goods ofthe same kind as such products, and otherarticles mentioned in entry 33. the impugnedprovision of the uttar pradesh sales of motorspirit, diesel oil and alcohol taxation (amendment) act, 1976 levying tax at the point offirst purchase of alcohol in the state isundoubtedly an impost falling in pith andsubstance under entry 54 of list ii. in theabsence of any ..... the constitution failed. according to the learned counsel for the petitioners, having failed in these two attempts, section 4(1)(i) of the act has been amended and the impugned notifications have been issued to impose tax on minerals which is beyond the legislative competence of the state. 17. learned counsel for the petitioners placed reliance on the decision in india cement limited ..... 514 approved by the supreme court in orissa cement limited v. state of orissa, air 1991 sc 1676. thereafter m. p. upkar adhiniyam was amended by the m. p. act of 1981 to provide for levy of upkar on minerals. this provision was struck down by this court in m. p. lime manufacturers' association v. state of m. p., air 1989 mp 264 .....

Tag this Judgment!

Jan 10 1995 (HC)

Brijendra Kumar Agarwal Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ710

..... -clay in 10.374 hectares of land. the application was submitted under section 10 of the mines and minerals (regulation and development) act, 1957 (for short, 'the act') and rule 22 of the mineral concession rules, 1960 framed by the central government under section 13 of the act. the act was amended by central act no. 37 of 1986 which came into force with effect from 10-2-1987. consequently the ..... rules were also amended and the amendments were brought into force with effect from 10-2-1987. on 1 ..... 5 has been amended introducing certain more restrictions in the matter of grant of mining lease. the state government cannot grant mining lease unless the area for which the lease has been applied for has been prospected earlier and the existence of mineral contents therein has been established and there is a mining plan duly approved by the central government for the development of mineral deposits in .....

Tag this Judgment!

May 05 1989 (HC)

M.P. Lime Manufacturers' Association, Katni and Ors. Vs. State of Madh ...

Court : Madhya Pradesh

Reported in : AIR1989MP264; 1989MPLJ561

..... upkar adhiniyam, 1981 (act no. 1 of 1982) as amended by the madhya pradesh (sanshodhan) adhiniyam, 1987 (act no. 21 of 1987) imposing cess on land held in connection with mineral rights be declared as ultra vires. the material facts giving rise to these petitions briefly are as follows :(i) the petitioners hold mining leases under the provisions of the mines and minerals (regulation and development) act, 1957, hereinafter referred ..... to as the m.m.r.d. act. a mineral ..... petitioners that once a declaration had been made by parliament in section 2 of the m.m.r.d. act that the regulation of mines and mineral development under the control of the union was expedient in the public interest, the entire legislative field relating to mines and minerals was occupied and the state lost its legislative power in respect of that occupied field. this contention overlooks .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //