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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Year: 1974

Feb 12 1974 (HC)

Nihal Singh Bhajan Singh Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-12-1974

Reported in : AIR1975P& H48

..... controverted on behalf of the state. consequently, the not'ces of demand issued to the petitioners in those cases were quashed. thereafter, the various sections of the act were amended by the mines and minerals (regulation and development) amendment act (56 of 1972). and section 21 of the principal act was amended bv substituting sub-section (1) and adding sub-sections (3), (4) and (5) after sub-section (2). after ..... amendment, section 21 reads as under:--21. penalties:-- (1) whoever contravenes the provisions of sub-section (1) of section 4 shall be punished with imprisonment for a term which ..... the powers conferred bv clause (e) of section 3 of the mines and minerals (regulation and development) act, 1957 (hereinafter referred to as the act). section 15 of the act gives power to the state governments to make rules in respect of minor minerals and in exercise of that power, the punjab government promulgated the puniab minor minerals concession rules, 1964 (hereinafter referred to as the rules). the district .....

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May 07 1974 (HC)

Chanan Mal Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Decided on : May-07-1974

Reported in : AIR1975P& H102

..... ourselves to the first argument that the legislative competence to enact the amendment to section 10 of the reforms act was wanting. as the amendment was made after act 67 of 1957, we have to consider the position in relation to it. entry 54 of the union list speaks both of regulation of mines and minerals development and entry 23 is subject to entry 54. it is open ..... section 10 of the bihar land reforms act. 1950, was made by the biharland reforms (amendment) act. 1964, and was in these terms:--'in sub-section (2), the following second proviso shall be added, namely:-- 'provided further that the terms and conditions of the said lease in regard to minor minerals as defined in the mines and minerals (regulation and development) act, 1957 (act lxvii of 1957), shall, in so ..... the regulation of mines and development of minerals to the ex-tent provided in the act itself. we have thus not to look outside act 67 of 1957 to determine what is left within the competence of the state legislature but have to work it put from the terms of that act.' in para. 17 of the report, it is observed:'since the bihar state legislature amended the ..... the amendment the state must show that the matter is not covered by the central act the other side must, of course, show that the matter is already covered and there is no room for legislation.' with regard to the central act 67 of 1957, it was observed in para 18 of the report-'the act takes over the control of regulation of mines and development of minerals .....

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Feb 13 1974 (HC)

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

Court : Kolkata

Decided on : Feb-13-1974

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 1974 (SC)

Bolani Ores Ltd. Vs. State of Orissa

Court : Supreme Court of India

Decided on : Sep-24-1974

Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138

..... by the trial court not to be a motor vehicle, were not liable for registration under section 22 of the act, nor would they be subject to payment of tax under the taxation act.3. in the suit filed by orissa mineral development company ltd., out of which first appeal no. 45 of 1963 arose, the plaintiff sought a declaration that nine ..... of his contention that after the amendment the amended definition would apply to the taxation act. but we do not think that there is any justification for this submission. section 6 of the general clauses act, 1897, specifically refers to that act, or any central act or regulation made after the commencement of the general clauses act and states that if these acts repeal any enactment, hitherto made ..... pit areas are fenced with barbed wire. in fact to avoid accidents, particular area where dumpers are being used have necessarily to be fenced. this is required under the mining act and rules framed thereunder.' in reply to paragraph 4 it has been stated by the. respondent that the allegations of the deponent in paragraph 4 of his affidavit except the ..... plaintiffs.9. in our view, the preliminary objection has no validity, because, firstly, in para 2 of the plaint it is definitely pleaded: 'that for the specific purpose of mining operations within their leasehold areas, they possess caterpillar bulldozers model d.s. ...letoumeau westinghouse dumpers and euclid dumpers...motor grader... tractors... fargo truck' etc. 'these machines are mechanically propelled .....

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Sep 18 1974 (HC)

Bal Krishan Vaid Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Sep-18-1974

..... and no relief can be granted in its absence. (3) the petitioner has an alternative remedy by way of revision to the central government under section 30 of the mines and minerals (regulation and development) act, 1957 and there is no reason why he should avail of the extraordinary jurisdiction of this court under article 226 of the constitution. (4) the case involves disputed questions ..... clause 30 contemplates a notice of thirty days from the date of communication of the notice and mot from the date of its issue. (c) section 4a (2) of the act, as amended in 1972, cannot be invoked by the himachal pradesh government as an alternative in support of the termination of the contract, because (i) section 14 of the ..... act excludes its operation, (ii) it applies to a mining lease and not to a contract; and (iii) the condition precedent set out therein has not been satisfied. (d) the termination of the contract has ..... objection is that instead of applying by way of writ petition the petitioner should have applied in revision to the central government under section 30 of the mines and minerals (regulation and development) act. section 30 of the act empowers the central government to revise any order made by the state government or other authority in exercise of the powers conferred on it by or under .....

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Mar 28 1974 (HC)

The Mirzapur Electric Supply Company Limited Vs. the State of Uttar Pr ...

Court : Allahabad

Decided on : Mar-28-1974

Reported in : AIR1975All29

..... would be overborne on the ground of repugnance.' in the case before the supreme court, the competing statutes were the orissa mining areas development fund act, 1952, which was enacted under entry 23 of list ii, and the mines and minerals (regulation and development) act, 1957, which was enacted by parliament under entry 54 of list i. the argument before the supreme court was that there ..... board. the uttar pradesh legislature enacted the electricity (supply) (uttar pradesh amendment) act, 1972, whereby it introduced the following section 47-a in the electricity (supply) act, 1948:--'47-a. security -- notwithstanding anything in this act and notwithstanding that no arrangements have been mutually agreed under section 47 or that no regulations have been made in that behalf- (a) the board shall not ..... the security is to be taken for ensuring the payment by the licensees for the electricity taken in bulk supply from the board. the evil, which the u.p. amendment act sought to meet, was the non-payment for the supply by the licensees. it was pointed out that no advance payment is made for the supply of electricity. the ..... sufficient guidelines for the exercise of the power appear from the provisions of section 47-a itself and from the statement of objects and reasons for the u.p. amendment act. the statement of objects and reasons reads thus:--'xxx at present there are sixteen private electric supply companies and thirteen municipal electric supply undertakings in the state. merely all .....

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Sep 16 1974 (HC)

Ramakant Singh Vs. Deputy Director of Consolidation, U.P. and ors.

Court : Allahabad

Decided on : Sep-16-1974

Reported in : AIR1975All126

..... on which it was proposed to exercise such power. the case of m/s. d.n. roy (supra) was one under the mines and minerals (regulation and development) act, 1957. a mining lease was granted to m/s. d.n. roy and s.k. banerjee and the application of one nankhu singh for the grant ..... of such a lease was rejected by the state government. this order was revisable by the central government under section 30 of the aforesaid act which ..... hearing or could be entertained by the high court. while considering the effect of clause (b) of section 6 of the u. p. general clauses act v. bhargava and m.l. chaturvedi. jj., observed ..... support the above view. by virtue of the amendment to section 25 of the provincial small causes court act revisions lay to the dist. court and not to the high court. the question arose whether revisions already instituted before the commencement of the amending act were to be returned to the district court for ..... as being time barred. by a subsequent order dated november 5, 1964, the central govt. however, set aside the order of the state govt. granting mining lease to m/s. d.n. roy and s.k. banerjee and directed the state government to throw open the area again for regrant. m/s, .....

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Dec 20 1974 (SC)

Rukmani Bai Gupta Vs. State Government of Madhya Pradesh, Bhopal and o ...

Court : Supreme Court of India

Decided on : Dec-20-1974

Reported in : AIR1975SC991; [1975(30)FLR179]; (1975)1SCC627; [1975]3SCR72; 1975(7)LC129(SC)

..... 1. the mines & minerals (regulation & development) act, 1957 (hereinafter referred to as the act) divides minerals into two classes, namely, minor minerals and minerals other than minor minerals, which may, for the sake of brevity, be referred to as major minerals. the act itself makes provisions in sections 4 to 13 for regulating the grant of prospecting licenses and mining leases hi respect of major minerals but so far as minor minerals are concerned, ..... lime, whatever may be the uses to which such lime may be put, whether as building material or for other purposes, was within the definition of 'minor mineral', but after the amendment, it was only limestone used for burning in kilns for manufacture of lime used as building material that was covered by the definition of minor ..... of the appellant and we find considerable force in this challenge. the original notification dated 1st june, 1958 described 'limestone used for lime burning' as a minor mineral but by the amending notification dated 20th september, 1961 only 'limestone used in kilns for manufacture of lime used as building material' was regarded as a minor ..... power conferred under section 3(e), issued a notification dated 1st june, 1958 declaring inter alia 'limestone's used for lime burning' to be a minor mineral. this notification was subsequently amended by the central government by a further notification dated 20th september, 1961 and the words 'limestone used in kilns for manufacture of lime used as building material' .....

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