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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Year: 2001

Apr 27 2001 (HC)

K. Satyanarayana Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Decided on : Apr-27-2001

Reported in : 2001(4)ALD36; 2001(3)ALT654

..... , the governor of andhra pradesh in exercise of the powers conferred by sub-section (1) of section 15 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'the said act' for the sake of brevity) made certain amendments to the a.p. minor mineral concession rules, 1966 (hereinafter referred to as 'the rules' for the sake of brevity) issued in g.o. ms ..... . no.1172, industries and commerce (mines) department, dated 4-9-1967. by reason of the said amendment, rule 9-b of the rules ..... 'preamble', the statement of objects and reasons and other provisions of the same statute.26. the apex court held:the words 'regulation of mines and mineral development' are incorporated both in the preamble and the statement of objects and reasons of this act. before that we find that the preamble of our constitution in unequivocal words expresses to secure for our citizens social, economic and .....

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Dec 10 2001 (HC)

Suvarna Cements Limited and anr. Vs. Union of India and ors.

Court : Andhra Pradesh

Decided on : Dec-10-2001

Reported in : 2002(1)ALD330; 2001(6)ALT728

..... be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government after the commencement of the mines and mineral (regulation and development) amendment . act, 1972 (56 of 1972), together with the interest due thereon, shall be a first charge on the assets of the holder of the prospecting licence or ..... 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, by notification, in the official gazette, amend the second ..... mining lease, as the cese may be.' rule 64-a of the rules reads-'64-a, the stale government may without prejudice to the provisions contained in the act or any other rule in .....

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Apr 10 2001 (HC)

Satish Maganlal Vora Vs. Union of India and ors.

Court : Gujarat

Decided on : Apr-10-2001

Reported in : (2001)3GLR2192

..... the mines & minerals(regulations & development) act, 1948. the mines & minerals act, 1957 was enacted keeping in view the differentiation made between the petroleum and other minerals in entries nos. 53 and 54. by section 32 of the mines & minerals act, 1957, the mines minerals (regulation & development) act, 1948 was amended in the manner specified in the third schedule to that act and as per the third schedule, the title of the mines & minerals (regulation & development) act, 1948 was changed into the oilfields (regulation and development) act, 1948 ..... and consequently, amendments were made in sees. 1, 3, 5 and 6 of that act and section 2 thereof was omitted. after this was done, the earlier mines & minerals (regulation & development) act, 1948 .....

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Feb 16 2001 (SC)

M/S. A-one Granites Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Feb-16-2001

Reported in : AIR2001SC1203; JT2001(5)SC9; (2001)2MLJ166(SC); 2001(2)SCALE85; (2001)3SCC537; [2001]1SCR1085

..... and not under chapter ii inasmuch as under rule 72, as amended by the 21st amendment, only that area becomes available for re-grant which was held under a mining lease under chapter ii or was reserved under section 17a of the mines and minerals (development and regulation) act, 1957 and not the area which was held under mining lease under chapter iv, like the present one. it was ..... constitution of india, the parliament enacted the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'the act') to provide for the development and regulation of mines and minerals under the control of the union. section 15 of the act provides that the state government may 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. in ..... the central government has declared from time to time or may declare, by notification in the official gazette, to be a minor mineral, under clause (e) of section 3 of the mines and minerals (regulation and development) act, 1957 (act no. 67 of 1957).'chapter iii provides for payment of royalty and dead rent. under rule 21 of the rules, which is under chapter iii, a holder .....

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Nov 23 2001 (HC)

Pulusam Krishna Murthy Vs. T. Sujan Kumar and ors.

Court : Andhra Pradesh

Decided on : Nov-23-2001

Reported in : 2002(1)ALD423; 2002(2)ALT77

..... ) of the constitution? 81. in samata (supra) the apex court upheld that validity of section 11(5) of mines and minerals (regulation and development) act, 1957 as amended by a.p. legislature which prohibited granting of mining leases to non-tribals thereby reserving all mining leases in favour of sts. 82. the judgment of the full bench in satyanarayana reddy was explained by jagannalha rao, ..... prohibits transfer of land by tribals to non-tribals and declares all such transactions void. similarly, section 11(5) of the mines and minerals (regulation and development) act, 1957 as amended by the a.p. state legislature prohibits grant of mining lease to a non-tribal in a scheduled area.16. this brief resume would show that for protection of the scheduled tribes and ..... .p., : air1997sc3297 , a question arose whether a.p. scheduled area land transfer regulations, 1959 would apply to transfer of government land to a non-tribal that too by way of mining lease having regard to a.p. amendment to section 11(5) of the mines and minerals (regulation and development) act, 1957 prohibiting granting of any lease in favour of non-tribal. a further question ..... arose as to whether the power of governor to make regulation under paragraph 5(2) of v schedule would also .....

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Feb 28 2001 (TRI)

Indian Furniture Works Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT

Decided on : Feb-28-2001

Reported in : (2001)71TTJ(Bang.)709

..... (2)(b) as it stood before the amendment with effect from 1-4-1991, read as under : "this section does not apply to the following goods or merchandise, viz.,state of mysore v.swamy satyanand saraswati alr 1971 sc 1569 held that granite is a mineral, though it was in the context of mines and minerals (regulation development) act. the ratio of that decision squarely applies ..... to the definition of the term mineral in the context of section 80hhc. this position in law has been examined in the context of income tax ..... act, 1961 by the supreme court in stonecraft enterprises v. cit (1999) 8 dtc 619 (sc) : (1999) 237 itr 131 (sc). ..... a result of which the section was revised as under : (ii) minerals and ores other than processed minerals and ores specified in the twelfth schedule." consequently, the twelfth schedule was also amended by the finance (no.2) act, 1991, with effect from 1st april, 1991 and this schedule which is entitled "processed minerals and ores" contains a list of ten items, the last two .....

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May 15 2001 (TRI)

Deputy Commissioner of Income Tax Vs. C.J. International Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-15-2001

..... ltd. examined the constitutionality of the cess on royalty relied as . levied by the madras panchayat act, 1958, sec. 415 (as amended in 1964) and mines and minerals (regulation & development) act, 1957, section 9. their lordships therein held that royalty is a tax and as such cess on mining royalty being a tax on royalty is beyond the competence of the state legislature because section 9 of ..... the mines and minerals (regulation & development) act, 1957, covers the field and the state legislature is denuded of its competence under ..... in respect of the premises hereby demised shall be recoverable in the same manner as arrear of land revenue under the provisions of the punjab land revenue act, 1887 (xvii of 1887), and any amending act for the time being in force." thus, he came to the conclusion that the licence fee charged from the assessee is a statutory liability. he ..... the maintainability of the writ petition and contractual obligations under the realms of contract in a private field without any insignia of public element. the case law which has developed in this field and taken note in this judgment has no co-relation with the situation prevailing in the case of uphaar tragedy and the case law dealt with .....

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May 15 2001 (HC)

Dy. Cit Vs. C.J. International Hotels Ltd.

Court : Delhi

Decided on : May-15-2001

Reported in : (2002)75TTJ(Del)285

..... royalty relied as levied by the madras panchayat act, 1958, section 415 (as amended in 1964) and mines and minerals (regulation & development) act, 1957, section 9. their lordships therein held that royalty is a tax and as such cess on mining royalty being a tax on royalty is beyond the competence of the state legislature because section 9 of the mines and minerals (regulation & development) act, 1957, covers the field and the state ..... in respect of the premises hereby demised shall be recoverable in the same manner as arrear of land revenue under the provisions of the punjab land revenue act, 1887 (xvii of 1887), and any amending act for the time being in force.'thus, he came to the conclusion that the license fee charged from the assessed is a statutory liability. he was also ..... with the maintainability of the writ petition and contractual obligations under the realms of contract in a private field without any insignia of public element. the case law which has developed in this field and taken note in this judgment has no co-relation with the situation prevailing in the case of uphaar tragedy and the case law dealt with in ..... order. this according to the learned departmental representative clearly states that in case of non-payment of dues the recovery shall be made as per section of punjab land revenue act, 1887. thereforee, the amount was payable under law. thus, the payment not having been made the commissioner (appeals) was not justified to grant relief after the change of the .....

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Oct 05 2001 (HC)

Union of India (Uoi) Vs. Rajiv Gupta and ors.

Court : Delhi

Decided on : Oct-05-2001

Reported in : 2002VAD(Delhi)607; 96(2002)DLT225

..... /respondents.67. learned counsel for the appellant urged that the government is the owner of the minor minerals (china clay). reference was made to section 4 of the mines and minerals (regulation and development) act, 1957 contending that no person is entitled to undertake any mining operations in any area except under and in accordance with the terms and conditions of a prospecting license ..... instant cases the impugned awards were made after the amended act had come into force, thereforee, the amended provisions of section 25 would apply and for that reason that is no force in the submission made by learned counsel for the appellant.claim regarding minor mineral:64. as regards claim for minor mineral (china clay) embedded in the acquired land the questions ..... without any pre-conditions or restraints.61. admittedly in the instant case the references had not been answered, when the land acquisition (amendment) act, 1984 came into force. the reference petitions would thus be governed by the amended provisions of section 25, which imposes no restrictions.62. in any case the legislative mandate is to award fair amount of compensation, ..... been claimed by the claimant-respondents before the land acquisition collector, because of the bar contained under section 25 of the act.53. section 25 of the act, as it stood prior to coming into force the land acquisition (amendment), act, 1984 reads:'(1) when the applicant has made a claim to compensation, pursuant to any notice given under section 9, .....

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Nov 22 2001 (HC)

A.P. Transco Vs. Sri Gowri Sankar Cable Industries and ors.

Court : Andhra Pradesh

Decided on : Nov-22-2001

Reported in : 2002(3)ALT134

..... the competence of the government to take such action. with a view to placing the matter beyond doubt, the president has promulgated the industries (development and regulation) amendment ordinance, 1984 (1 of 1984) making specific provision in the industries (development and regulation) act, 1951, empowering the government to-(a) specify the requirements to be complied by an industrial undertaking to enable it to be regarded as ..... the parliamentary declaration made under section 2 of the act. since state legislatures 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 article 162 itself contains ..... , in terms of sub-section (4) of section 11-b, an industrial undertaking which fell within the definition of an ancillary or small scale industrial undertaking before the commencement of amendment act, 1984 continues to be regarded as an ancillary or small scale industrial undertaking until its definition is altered or superseded by any notified order made under sub-section (1). sub .....

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