Court : Supreme Court of India
Decided on : Mar-18-1976
Reported in : AIR1976SC1654; [1976(32)FLR353]; (1977)1SCC340; 3SCR688
..... further time as the central government may, by general or special order, specify in this behalf.(b) where the rights under any mining lease, granted by the proprietor of an estate or tenure before the commencement of the mines and minerals (regulation and development) amendment act, 1972, have vested, on or after the 25th day of october, 1949, in the state government in pursuance of the provisions ..... the state govt. which has the power to make rules for regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of 'minor minerals' and for purposes connected therewith.11. section 16(1) of the central act enacts:16. (1) (a). all mining leases granted before the commencement of the mines and minerals (regulation and development) amendment act, 1&72, if in force at such commencement, shall be ..... state legislature which provides for the acquisition of estates or tenures or provides for agrarian reform, such mining lease shall be brought into conformity with the provisions of this act and the rules made there-under within six months from the commencement of the mines and minerals (regulation and' development) amendment act, 1972, or with in such further time as the central government may, by general or special .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-06-1976
Reported in : AIR1976SC1978; 1995(1)SCALE240; (1976)4SCC134; 1SCR157
..... section 30a inserted in the 1957 act reading as follows :-30a. notwithstanding anything contained in this act the provisions of sub-section (1) of section 9 and of sub-section (1) of section 16 shall not apply ..... time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.entry 54 of list i (union list). regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be ..... a vital mineral for the industrial development and occupies a basic position in the economy of the country, various representations were made to the government of india to reduce the royalty. impelled by these representations, the central government moved a bill in march, 1958, being bill no. 33 of 1958, and got, by means of mines and minerals (regulation and development) amendment act, 1958, ..... to or in relation to mining leases granted before the 25th day of october, 1949 in respect of coal but the .....Tag this Judgment!
Court : Orissa
Decided on : Jan-27-1976
Reported in : AIR1976Ori159; 42(1976)CLT580
..... be substituted;(ii) after sub-section (2), the following sub-section shall be inserted, namely:-- '(2a) 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 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.' (iii) .....'section 9 of the parent act created liability for ..... royalty in respect of mineral removed by the holder of a mining ..... in various states of the country and though they are properties of the various states where located, their regulation and development is controlled by a central act entitled the mines and minerals (regulation & development) act (central act 67 of 1957) (hereinafter referred to as the 'act'). under its provisions, royalty has always been demanded, paid and accepted by all the states on the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-23-1976
Reported in : (1977)79BOMLR449
..... that effect seems to have been made in the constitution itself. one such entry is to be found at serial no. 23 in list ii which reads as 'regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union'. entries 53, 54, 55 and 56 in list i specifically use the word ..... ]1scr707 and dwarkadas v. sholapur sp. and wg. co. : 1scr674 ignoring the provisions of article 31(2a). indeed the learned counsel wanted further to argue that the constitution (fourth amendment) act itself was void as being destructive of the essential and basic features of the constitution.47. we have declined to hear the learned counsel on the question of validity of ..... the constitution (fourth amendment) act. article 31, as it now stands, reads as follows:31. (1) no person shall be deprived of his property save by authority of law.(2) no property shall be compulsorily ..... seriously impaired or the value of the property had been materially reduced by the impugned state legislation. the effect of clause (2a) in article 31 introduced by the constitution (fourth amendment) act, 1955, was that it was made clear that if a law did not provide for the transfer of ownership or right to possession of any property to the state, it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-01-1976
..... amended act to compensate certain miners, former miners, and their survivors for death or total disability due to pneumoconiosis arising out of employment in coal mines, sought declaratory and injunctive relief against the secretary of labor and the page 428 u. s. 6 secretary of health, education, and welfare, who are responsible for the administration of the act and the promulgation of regulations under the act ..... of the presumptions' bases in duration of employment. but it is agreed here that pneumoconiosis is caused by breathing coal dust, and that the likelihood of a miner's developing the disease rests upon both the concentration of dust to which he was exposed and the duration of his exposure. against this scientific background, it was not page ..... more employees than currently. this is not an unusual situation in a "depleting asset" industry, where smaller companies often lack the resources with which to continue the acquisition and development of new properties. stronger competitors, on the other hand, may have operated on a constant or an increasingly large scale. [ footnote 2/8 ] in each case, the ..... 27632 (1969), and passed, id. at 28243, established a program of interim benefits for total disability due to complicated pneumoconiosis, and directed the secretary of health, education, and welfare to develop standards for determining total disability due to complicated pneumoconiosis. [ footnote 23 ] s.rep. no. 92-743, p. 8 (1972) [ footnote 24 ] under the present scheme, the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-24-1976
Reported in : AIR1976SC2520; (1976)3SCC852; 1SCR359
..... the modification and alteration of terms and conditions of the mining leases granted prior to the commencement of the mines and minerals (regulation and development) act, 1948 (act 53 of 1948) (hereinafter referred to as 'the 1948 act') and of the mines and minerals (regulation and development) act, 1957 (act 67 of 1957) (hereinafter referred to as 'the 1957 act') which replaced the 1948 act on june 1, 1958.2. the facts and ..... of 1964 which was subsequently replaced by the bihar land reforms (amendment) act (bihar act 4 of 1965) also indicates that the law as it obtained prior to the aforesaid amendment was not intended to have the effect of divesting a lessee of his interests in a lease of mines or minerals comprised in the estate or tenure or part thereof which subsisted immediately ..... were not inconsistent therewith.12. by the bihar amendment ordinance no. 3 of 1964 which was subsequently replaced by the bihar land reforms (amendment) act (bihar act 4 of 1965), the b.l.r. act was amended by introduction of section 10-a which runs as follows :-10-a. vesting of interest of lessee of mines or minerals which is subject to a sub-lease. (1 ..... ) the interest of every lessee of mines or minerals which is subject to a sub-lease shall .....Tag this Judgment!