Court : Andhra Pradesh
Decided on : Jul-26-1999
Reported in : 1999(5)ALD168; 1999(4)ALT661
..... years.' section 9-a and 10 read as under:'9-a. dead rent to be paid by the leassee:--(1) the holder of a mining lease, whether granted before or after the commencment of the mines and minerals (regulation and development) amendment act, 1972, (56 of 1972), shall, notwithstanding anything contained in the instrument of tease or in any other law for the time being in ..... sub-lessee from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. (2-a) 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 does not exceed one-third of a tonne per month. (3) the central government may, by notification in the official gazette, amend the second ..... of the same village on 23-8-1976. the government of andhra pradesh considered the applications and requested the central government as required under section 11(4) of the mines and minerals (regulation and development) act, 1957 for its approval in favour of thewrit petitioner. on 22-9-1978 the central government accorded its approval vide g.o. ms. no.740, dated 22-9 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-25-1999
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!
Court : Kolkata
Decided on : Jun-14-1999
Reported in : AIR1999Cal163
..... lease from the leased area at the rate for the time being specified in the second schedule in respect of that 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 of1972 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. (3) the central government may, by notification in the official gazette, amend the ..... of entry 54 list i of the 7th schedule of the constitution of india enacted mines and minerals (regulation and development) act. section 9 of the said act reads thus :--'9. royalties in respect of mining leases :-- (1) the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in instrument of lease or in any law in force at ..... high court on the ground that no royalty was payable to the state government as mining leases had not been ganted in terms of the provisions of mines and minerals (regulations and development) act, nor such leases conform to the provisions ofsection 105 of the transfer of property act. while dealing with the aforementioned contention, the apex court held at page 864 :--'we .....Tag this Judgment!
Court : Patna
Decided on : Mar-22-1999
..... .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 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-26-1999
Reported in : 1999(5)ALD693; 1999(5)ALT274
..... made under section 2 of the act. since state legislature's power to make law with respect to the matter enumerated in entry 23 of list ii has been taken away by the parliamentary declaration, the state government ceased to have any executive power in the matter relating to regulation of mines and mineral development. moreover, the proviso to ..... of list ii, the state legislature has power to make law but that power is subject to entry 54 of list i with respect to the regulation and development of mines and minerals. as discussed earlier the state legislature is denuded of power to make laws on the subject in view of entry 54 of list i and ..... , the learned single judge held that explanation to section 5(1) is applicable to the existing theatres in the first year after coming into force of the amendment act 58 of 1976 and thereafter explanation to section 4-c alone would be applicable. the matter was carried in appeal to the division bench. before the division ..... the seating capacity, the managements are not following the provisions of para 19 of appendix-i read with rule 10-a of the rules. rule 10-a was amended by g.o. ms. no.332 home (genl-a) department dated 25-7-1987 and in the light of the said g.o., the government from ..... well as the rules empower the competent authority to reduce the seating capacity. it may be noted that rule 10-a was introduced in the rules by way of amendment by g.o. ms. no. 12 dated 17-1-1987 after the judgment of the division bench in state of a.p. v. a.p. cinema .....Tag this Judgment!
Court : Kerala
Decided on : Aug-02-1999
Reported in : AIR2000Ker300
..... to the government'. from this, it cannot be inferred that in all patta lands the minerals belong to the pattadars. in air 1981 madras 82 the court held that under section 15 of the mines & minerals (regulation and development) act, the state government had only the power to regulate and it could not prohibit and the question in issue there was the right of the government for ..... no absolute proprietorship has been given the go-by. we are not able to accept this argument. the amendment was made in order to include ryotwari pattadar also within the meaning of the 'estate', since such persons will not come within the definition of jenmom rights.23. the second ..... lands and they are ryotwari patta lands.22. shri m. k. s. menon, learned counsel for the petitioners then contended that by the constitutional 17th amendment, the definition of 'estate' under article 31a has been amended to include ryotwari settlement. from this, learned counsel wanted to infer that the decision of this court in sabhayogam's case that the ryotwari pattadar has ..... lease has been granted at the rates specified in schedule i in respect of the mineral.(2) the state government, by notification in the official gazette, amend the schedule i, so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification'.rule 29 .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-28-1999
Reported in : 2000(1)AWC433
..... the arguments in pith and substance. the parliament has brought the mines and minerals (regulation and development) act, 1957 (act no. 67 of 1957) with effect from 1st june, 1958 in order that 'the union should take in its control the regulation of mines and the development of minerals to the extent hereinafter provided, (vide section 2 thereof). in ..... said chapter 11. 8. while issuing the aforesaid government order dated 27.8.94, the state of u. p. came out with procedural amendment in the provisions contained in the entire m.m.c. rules wherever necessary in order to give effect to its policy decision which may have been ..... and, likewise rule 53a was added in chapter iv of the m.m.c. rules which is captioned as 'mining permit'. 9. the state amendment, whether brought by 17th amendment or 20 amendment ensured that: (1) whenever matter was to be dealt with in chapter ii and the area in question called ..... the state proposes to raise revenue earnings from major mining activities in the state and at the same time, draw balance for the minor minerals and protect these persons who are engaged in river-bed activities of mining as was envisaged through the 20th amendment by incorporating rule 9a. 28. the court ..... a number ofpetitions have been filed where the area was continuing to be under lease executed in favour of lessee under chapter ii by applying 20th amendment of the m.m.c. rules. consequently, all those areas are yet to be notified by the district magistrates of the concerned areas. in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-02-1999
..... of "encourag[ing] the private sector to become involved in the development of atomic energy for peaceful purposes," duke power co. v. carolina environmental study group, inc., 438 u. s. 59 , 63 (1978), congress passed the atomic energy act of 1954 (aea), 68 stat. 919, a broad scheme of federal regulation and licensing. because it "soon became apparent that profits from the ..... 2014(j), there was no mechanism for consolidating the claims in federal court. see s. rep. no. 100-218, p. 13 (1987). congress responded in 1988 by amending the act to grant united states district courts original and removal jurisdiction over all "public liability actions," 102 stat. 1076, 42 u. s. c. 2210(n)(2), defined as suits " ..... navajo nation, kayenta district, against defendants including the vanadium corporation of america (vca), predecessor by merger of petitioner cyprus foote mineral company. richards raised navajo tort law claims for wrongful death and loss of consortium arising from uranium mining and processing on the navajo nation reservation by vca and other defendants from the 1940's through the 1960's. 136 el ..... private exploitation of atomic energy were uncertain and the accompanying risks substantial," duke power, supra, at 63, in 1957 congress amended the aea with the price-anderson act, 71 stat. 576. price-anderson provided certain federal licensees with a .....Tag this Judgment!