Court : Mumbai Goa
..... ] vide the mines and minerals (development and regulation) amendment ordinance, 2015, dated 12/01/2015 and hence the decision of the hon'ble supreme court is no more applicable. moreover, you ..... as under: ??however vide your reply dated 09/02/2015 you have brought to my notice that the government of india has amended the mines and minerals (development and regulation) act [mmdr act ..... did not deal with the petitioner's objection that no income is earned from mining leases as they do not hold any mining leases, consequently, the question of illegal mining would not arise in their case. the assessing officer in the order dated 20/02/2015 has on the contrary recorded the following as the submission/ objection of the petitioner ..... , the manner in which the objection of the petitioner that they do not own any mining leases has been dealt with by the order dated 20/02/2015, casts a doubt on the entire order disposing of the objections dated 20/02/2015 as to what has been the application of mind while disposing of other objections. 11. .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1979Guj180; (1979)0GLR895
..... is principally directed.2. mr. patel who appears on behalf of the petitioner has raised the following five contentions for our consideration: -i. thirty-ninth constitutional amendment by virtue of which the mines and minerals (regulation and development) act, 1957 was inserted in the ninth schedule is violative of the rule of law laid down by the supreme court in kesava- nanda bharati's case (air ..... part iii of, the constitution. mr. patel faintly and without substance tried to argue that thirty-ninth constitutional amendment inasmuch as it pertains to the insertion of the mines and minerals (regulation and development) act, 1957 violates equality clause incorporated in art. 14 of the constitution. he did not make good that contention of his by raising an argument ..... raised before us, it is difficult to appreciate the contention, which he faintly raised for being rejected. by thirty-ninth constitutional amendment, the mines and minerals (regulation and development) act, 1957 has been inserted in the ninth sch. it is now at entry no. 90. acts specified in the ninth sch. are protected against infringement or abridgement of fundamental rights conferred by any of the provisions in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1978AP453
..... . by that same amendment, the framers of the enactment inserted, through section 5 of the said amendment act, section 9a into the principal act which deals ..... that section read thus :'9-a. dead rent to be paid by the lessee. (1) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972 shall, notwithstanding anything contained in the instrument of lease or in any other law for the time being in force ..... act, particularly sub-section (1) thereof, i am satisfied that section 15(1) cannot be construed as providing for the levy of dead rent.12. there is yet another clue forthcoming from the amendment of the act by the parliament in the year 1972 when the act was amended by the mines and minerals (regulation and development) (amendment) act, 1972. by that amending act, section 15(3) of the principal act was amended ..... therefore that arises for consideration is whether rule 10 of the andhra pradesh minor mineral concession rules, 1966 as amended as per g. o. ms no. 226 industries and commerce (mines-1 dated march 25, 1977 is ultra vires the mine and minerals (regulation and development) act, 1957.8. whether or not the levy is ultra vires is a question .....Tag this Judgment!
Court : Mumbai Goa
..... judgment. brief background and facts of the case 2-a. on 19th december, 1961, goa was liberated and became a part of indian union. on 1st october, 1963, the mines and minerals (development and regulation) act, 1957 (hereinafter, referred to as ??the mmdr act") was made applicable to the union territory of goa. prior to liberation of goa, the portuguese who were ruling goa had granted ..... provisions of section 24a(3) of the mc rules. (e) the ibm recommended second renewal for 20 years, subject to satisfaction that the mining was in the interest of mining development. (f) the government of goa introduced the indian stamp act (goa amendment) act, 2012; (g) demand notices were issued to the petitioners individually, asking them to pay the enhanced stamp duty. the petitioners, accordingly, deposited ..... ibm also recorded its subjective satisfaction that the same is in the interest of mineral development. thus, there is enough material on record to show that the government agreed to grant the second renewal of mining leases under section 8(3) of the mmdr act and thereafter amended the stamp act and directed some of the petitioners to pay the stamp duty and even accepted the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(1)ALD597
..... rule 10 of the mineral concession rules. by reason of the amendment, the petitioners, who, admittedly, hold mining leases extracting granite, building stones ..... and commerce (mines-i) department, dated 30.4.2002. by the said notification, purporting to exercise the power under sub-section (1) of section 15 of the mines and minerals (development and regulation) act, 1957 ('the act' for short), the government of andhra pradesh amended the a.p. mines and mineral concession rules, 1966 (hereinafter called the 'mineral concession rules') and also amended schedule-i under ..... more than once during any period of three years.'8. the government is competent to make rules for regulating grant of mining lease in respect of mines and minerals. a holder of mining lease is liable to pay royalty/ seigniorage fee or dead rent, whichever is more, at the rate prescribed by the state government in ..... act ?7. a reference to sub-sections (1) and (3) of section 15 is relevant and need to be extracted:'power of state government to make rules in respect of minor minerals :--(1) the state government may, by notification in the official gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral .....Tag this Judgment!
Court : Rajasthan
Reported in : 1977WLN(UC)230
..... /76.6. the learned additional government advocate raised an objection that these writ petitions are not entertainable under the amended article 226 of the constitution and, therefore, abate as provided in section 58 of the constitution (forty second amendment) act, because under the mines and minerals (regulation and development) act, 1957, section 30, an alternative remedy by way of revision to the central government is available to the ..... m.l. jain, j.1. this order will dispose of two writ petitions nos. 1009/1976. and 1970 of 1976.2. on 20-8-1971, mining engineer, jodhpur issued a public notice that a minor mineral quarry kali beri no. 108 of stone had become khalsa and was available for grant for rent-cum-royalty lease, perhaps under rule 21 of the rajasthan ..... minerals and since no time has been prescribe respect of revisions relating to minor ..... the time for purposes of revision in respect of minor minerals. the time that has been prescribed in virtue of the rule-making powers under section 13 of the said act for revision, by rule 64 of the mineral concession rules, 1960, does not apply to minor minerals, because section 14 of the aforesaid act excludes section 4 to 13 (elusive) in respect of minor .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1981Mad82
..... , mining leases or other mineral concessions' were substituted. an entirely new sub ..... grant of prospecting licenses and mining leases in respect of minor minerals which are in force immediately before the commencement of this act shall continue in force.6. it is unnecessary to refer to the other provisions of the act. however, it is important to refer to an amendment made to the act by the mines and minerals (regulation and development) amendment act, 1972. by this amending act, certain amendments of considerable significance were made ..... . as far as section 15 is concerned, in subsections (1) and (2) thereof, for the words 'prospecting licenses and mining leases' wherever they occurred, the words 'quarry leases .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2010(1)AWC1039(SC); JT2009(14)SC344; 2009(13)SCALE642; (2010)1SCC311; 2009(10)LC4936(SC):2009AIRSCW7452
..... central government issued the following notification on february 3, 2000:g.s.r. 95(e).--in exercise of the powers conferred by clause (e) of section 3 of the mines and minerals (development and regulation) act, 1957 (67 of 1957), the central government hereby declares the `ordinary earth' used for filling or levelling purposes in construction of embankments, roads, railways, buildings to be ..... of judicature at allahabad challenging the constitutional validity of notification dated february 3, 2000 issued by the central government. they also challenged the amendment brought in the first schedule by the state of uttar pradesh in uttar pradesh minor minerals (concession) rules, 1963 (for short, `rules, 1963') fixing royalty for the use of `ordinary earth' at the rate rs. 4/- ..... royalty for `ordinary clay' `ordinary earth' was fixed at rs. 4/- per cubic meter.28. admittedly demand notices came to be issued to the appellants by the office of the district officer bringing to their notice that they have extracted `ordinary earth' covered by the definition of `minor mineral' without any permission ..... of geology and mining for the purpose of assessment of royalty; collection of royalty or dead rent through contractor; appeal against order passed under these rules by the district officer and remedy by way of revision to the state government.27. vide notification dated march 20, 2001, first schedule appended to the rules, 1963 was amended and rate of .....Tag this Judgment!
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 .....Tag this Judgment!