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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: patna

Jul 25 2008 (HC)

Mahendra Prasad Vs. the State of Bihar and ors.

Court : Patna

..... 10 years period the contract signed on 13.9.2001 after coming of the amendment in breach of the statutory provisions would not be binding upon the respondents. it is further contended that section 19 of the mines and minerals concession ( development and regulation) act, 1957 categorically states that any licence and mining lease granted in breach of the provisions of the statute renewed or acquired in ..... had fixed life span of 5 years. the amended rule under rule 9a of the bihar minor mineral concession rules which has come into effect before lease agreement was signed lays down statutory period of 5 years and in addition to that, on plain reading of section 19 of the mines and minerals concessions (development and regulation) act clearly lays down the ambit of such leases. if ..... contravention of the act or the rules shall be void. section 19 is reproduced hereunder for ready reference.19. prospecting .....

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Jan 24 2002 (HC)

Suresh Chandra Sinha and ors. Vs. the State of Bihar and ors.

Court : Patna

..... (bearing 23rd march, 2001 as the date) provides that in exercise of the powers conferred by section 15 of the mines and minerals (regulation and development) act, 1957, the governor of bihar was pleased to make bihar minor mineral concession (amendment) rules, 2001 to amend the bihar minor mineral concession rules, 1972. it is not in dispute before me that in exercise of the powers conferred by section 15 ..... government had published notification dated 23rd march, 2001 in exercise of the powers conferred by section 15 of the mines and minerals (regulation and development) act, 1957 amending bihar minor mineral concession rules, 1972. according to them rule 9-a required the government to lease out of settle any mineral by public auction/tender as prescribed under rule 52 after issuing a notification in the official gazette. according ..... of the act, the state has powers to make rules and amend the same time to time. whether a rule is valid or .....

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Sep 11 2007 (HC)

Pradip Kumar Joshi Vs. State of Bihar and ors.

Court : Patna

..... additional amount of royalty.3. petitioner has challenged the impugned orders on the ground that these letters have been issued in violation of the mines and minerals (regulation & development) act 1957 (hereinafter referred to as the development act) as well as bihar minor minerals concession rule 1972 (hereinafter referred to as concession rules). it has also been stated that the impugned letter dated 29.11.2004 is without ..... schedule ii should not have been brought by way of government circular or resolution but it should have been brought only by way of amendment as provided under section 15 of the development act 1957. in this view of the matter this letter is wholly without jurisdiction and fit to be quashed. any consequential order or action based on this letter is also ..... far the royalty is concerned, it can be charged at the rate specified in schedule-ii.in the present case without making any amendment in rules by way of gazette notification as provided under rule 15 of the development act the deputy secretary has issued direction for realisation of royalty from those lessee in whose favour settlement has been made under rule 9a ..... .2004 is not being quashed for the reason that it is a direction to the district magistrate for future purposes. now on the basis of this resolution of the government amendment has been brought in schedule ii of the concession rules as such quashing of this letter is not required.17. the demand notice issued to the petitioner annexed as annexure .....

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Mar 31 1995 (HC)

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... fields ltd. own various collieries in the state of bihar nationalised under the provisions of coking coal mines (nationalisation) act, 1972 and coal mines nationalisation act, 1973. the mining activities of the petitioners are regulated by the provisions of mines & mineral (regulation & development) act, 1957 (in short to be referred to as 'mmrd act, 1957').5. m/s. tata iron & steel co. ltd. (in short to be referred ..... for:1. water supply.2. lighting.3. drainage.4. safety, health and welfare of person within the mining settlements.chapter vii relates to levy, assessment and recovery of development charges, tonnage cess. etc.11. section 89 of the act (prior to amendment by amendment act 24 of 1992) read as follows:89. levy and assessment of cess (1) subject to the provisions ..... of this act and the rules framed under it, the authority shall, by notification published in the official ..... supplied at such rates as may be determined by the government in this behalf but not exceeding rupees four per thousand gallons.14. by the bihar coal mining area development authority (amendment) act, 1992, the existing section 89 has been replaced by the following provisions:levy of tax on use of land for other than agricultural and residential purposes:(1 .....

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Mar 22 1999 (HC)

Central Coalfields Limited and ors. Vs. State of Bihar and ors.

Court : Patna

..... .d. act) and the state, as such, has not legislative competence to pass such an ..... has appeared for and on behalf of the mineral area development authority.5. the learned counsel for the petitioners have raised two points/ submissions in support of the writ petitions, namely (i) the act has been enacted for development of the coal-mining areas in the state which is the field covered by the central act namely the mines & mineral (development & regulation) act, 1957 (hereinafter referred to as m.m.r ..... government to enhance or reduce dead rent by amending the third schedule. the second and the third schedules provide varying rates for different minerals including coal. since exhaustive provisions as also the parliamentary declaration, contemplated by list-i entry 54, have been made in the mines and minerals (regulation and development) act, 1957, regarding all kinds of taxation on minerals and mineral right-tax, royalty-fee dead rent, etc .....

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Jan 17 1996 (HC)

Tata Iron and Steel Co. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Patna

..... officer and senior executive of the company. the petitioner-company always paid, and continues to pay, royalty to the central government on the minerals mined by it in accordance with and under the provisions of the mines and minerals (regulation and development) act, 1957. the state of bihar also commenced charging cess on the royalty paid by the petitioner-company to the central government in purported ..... progressively increased, and this is apparent from the fact that in the year 1975 the cess payable was equal to 30 percent of royalty in respect of mines and minerals, but under the bihar cess (amendment) ordinance, 1985 it was enhanced to 500 percent of royalty on coal, or 30 percent of pit's mouth value, whichever as more. in respect ..... minerals (regulation and development) act, 1957 in terms provided that royalty payable under the second schedule of the act shall not be enhanced more than once during a period of four years and, therefore, there was a clear bar on the state legislature taxing royalty so as to in effect amend second schedule of the act of 1957. the judgment of the supreme court in ..... had occasion to consider the provisions of the preventive detention (amendment) act, 1951 which amended the prevention of detention act, 1950 and continued the operation of the parent act till 31.3.52. under the provisions of the act, by reason of the amendment, where detention orders were in force on the date of amendment of the act, the person detained could be detained for a period .....

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Mar 30 2006 (HC)

Abhay Stone Works, Proprietor Krishndeo Singh and ors. Vs. State of Bi ...

Court : Patna

..... the submissions made on behalf of the petitioners, it will be useful to take a look at the relevant statutory provisions. the mines & minerals (development & regulation) act was subjected to a number of amendments by the amendment act 38 of 1999. the amendments included addition of a new provision in the form of section 23c, the marginal sub-title of which reads as:power of state ..... cases question the validity of clauses (a) and (d) of sub-rule (1) of rule 7 of the bihar minerals (prevention of illegal mining, transportation & storage) rules, 2003 and contend that the impugned provisions are ultra vires section 23c of the mines & minerals (development & regulation) act, 1957 under which those were framed.3. clause (a) of sub-rule (1) of rule 7 provides that ..... the number of stone crushers in a particular area/district shall be determined on the basis of the total production of stone minerals taking into account the number of leases and ..... government to make rules for preventing illegal mining, transportation and storage of minerals. and the contents of the section are as follows:23c. (1) the .....

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Apr 07 2004 (HC)

Shree Durga Organisation and anr. and Jay Shankar Construction and anr ...

Court : Patna

..... the auction purchaser. in other words, the auction amount is besides the royalty amount to be realised pursuant to section 15 of the mines and minerals (regulation and development) act, 1957.10. as prayed by mr. singh, learned special p.p. appearing for the respondents, with consent, put up these matters again under the same heading retaining their position on ..... zeology, has been filed on behalf of the respondents in which it is stated that the mining lease of stone shall be granted/settled by way of auction under the amended rule 9-a of the bihar minor mineral concession rules, 1972 which came in force with effect from 23rd march, 2001. it is further stated that the period of lease settled under ..... both these writ petitions, the matter in issue is much dependent upon the approach of the state authorities.'9. this court is quite conscious of the fact that the bihar mines and minerals (amendment) rules, 2001, the validity of which was challenged the finally by virtue of interim order passed by the apex court, is in force despite pendency of the matter before ..... the privilege by virtue of settlement in their favour under the rules. rule 9-a of the bihar minor mineral concession (amendment) rules, 2001 provides that. notwithstanding anything contained in these rules the government may by notification in official gazette direct that any mineral may be leased out or settled by public auction/tender in the manner prescribed in rule 52'. rule 52 .....

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Feb 28 1997 (HC)

State of Bihar and Two ors. Vs. R.M.C. Dill and Co. (P) Ltd. and ors.

Court : Patna

..... of lease the respondent no. i applied for renewal of mining lease on 19-9-94 in terms of the provisions of the mines and minerals (regulations and development) aet 1957 (hereinafter referred to as the mines act) and the rules framed the rein. 4. according lo the respondent no. 1 it applied for renewal of mining lease prior to the expiry of the terms of the lease ..... to be extended for a period till the decision of the matter by the state government in terms of provision of section 24- a(6) of the rules as amended. 9. the act has been enacted to provide for the conservation of the forest and matters connected therewith or ancillary or incidental thereto as well as to maintain the ecological imbalance and ..... falling within saranda forest division and the forest authority stopped the petitioner from carrying on the mining operation. the petitioner of that case challenged the same on the ground that in view of the provision contained in under section 24-a(6) of therules prior to amendment the lease will be deemed to be extended and as such he is entitled in ..... law to carry on the mining operation. this court relying upon the judgment of the apex court held that mining operation cannot be allowed unless a fresh lease is granted in favour of the .....

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Mar 21 1996 (HC)

Tuntun Prasad Chaurasia and ors. Vs. State of Bihar and ors.

Court : Patna

..... . no. 59, dated 26-3-1987, whereby and whereunder the state government had in exercise of the powers conferred by section 15 (1) and (3) of the mines and minerals (regulation and development) act, 1957 (hereinafter called 'the act') made a provision to determine consolidated amount, of royalty to be paid by brick kiln owners/ brick. earth removers per kiln, per annum a fixed number of ..... air scw 2098), where more or less identical controversy arose in a matter relating to payment of entertainment tax. because, on account of amendment of sections 4a and 5 of the andhra pradesh entertainments tax act, 1939, by amending act 24 of 1984, the earlier mode of levy of tax on the basis of percentage of each payment for demand prescribed in section 4 ..... -matter of the tax which continues to be a tax on entertainment. the mode of levy based on per payment of admission prescribed under section 4( 1) prior to amendment by act 24 of 1984 necessitated enquiry into the number of shows held at the theatre and the number of persons admitted to a cinema theatre for each show and gave room ..... the basis of percentage of the gross collection capacity per show, varying with the category of local area for which the cinema theatre was situated. the constitutional validity of the amending provisions were challenged mainly on three grounds viz. (i) the levy of entertainment tax on the basis of gross collection capacity without reference to the actual amount, collected or the .....

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