Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
..... ) dated 29.2.2001 and clause 8(iii) of the lease agreement dated 29.7.2002 as invalid, inoperative and ultra vires the provisions of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'the act') and for a consequential direction to permit him to carry on quarrying operations without reference to the said rules.3. it is relevant to note that ..... inserting section 23c in the principal act after the decision of the supreme court in kavery chetty's case (supra). by the said provision, power was specifically conferred on the state government to make rules for preventing illegal mining, transportation and storage of minerals. the state government has framed the ..... under the licence or a mining lease. rules can be framed on any of the matters including transportation of the excavated mineral. section 23c is the source of power under which rule 9-w can be said to have been framed by the state government. we have to keep in mind that the parliament passed the amendment act, 1999 (act no. 38 of 1999) thereby ..... petition by challenging the validity of rule 9-w of the rules by order dated 18.9.2002 in w.p.m.p. no. 21641 of 2002.4. in the amended petition, the petitioner is seeking a direction to declare rule 9-w of the rules and clause 8(iii) of the lease agreement dated 29.7.2002 as invalid, inoperative .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-07-2003
Reported in : AIR2003SC2665; 2003(4)ALD66(SC); 2003(5)ALT35(SC); 2003(3)AWC2449(SC); [2003(3)JCR73(SC)]; JT2003(5)SC346; 2003(5)SCALE160; (2003)5SCC756
..... than once during any period of four years'.2. sub-section 3 of section 9 has since been amended by the mines and minerals (regulation and development amendment) act, 1972, (act 56 of section 1972) by which inter alia the proviso to sub-section 3 was deleted and the only limit at present on the central government's power to enhance ..... as 'the act'), which as they then stood read:'9(1) the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such ..... commencement, pay royalty in respect of any mineral removed by him from the leased area after such commencement ..... the limestone quarried from the mines in the leased areas at '5% of the sale value at the pit's mouth subject to a minimum of 0.37 paise per tonne of limestone'. the rate of royalty payable under the lease deeds was revisable under sub-sections (1) and (3) of section 9 of the mines and minerals (regulation and development) act, 1957 (hereinafter referred to .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-30-2003
Reported in : 2006(2)CHN577
..... entry 54 of list i, regulation of mines and minerals development is in the field of parliamentary legislation 'to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest.' such a declaration is contained in section 2 of the m.m.r.d. act, 1957, which has been set ..... brickfields under the provisions of west bengal land reforms act, the said amended section 4c of the said act namely, land reforms act also had no manner of application to the cases of minor minerals in view of the declaration under section 2 of the mines and minerals (regulation and development) act, 1957:the entire field relating to mines and minerals came to be occupied by parliament and parliament alone ..... respect of minor minerals in the first place.31. as aforesaid, though the direction for ..... the said 1957 act and the state legislature had no independent law-making power of their own and as such section 4c of the west bengal land reforms act as introduced by the said amendment in the year 1981 could not operate as a valid provision in view of the provision made in section 15 of the said mines and minerals (regulation and development) act, 1957, in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-18-2003
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 : Kolkata
Decided on : Feb-05-2003
Reported in : (2003)3CALLT119(HC)
..... is also a big question. 11. section 16 of the mines and minerals (regulation and development) act, 1957 speaks as follows: power to modify mining leases granted before 25th october, 1949-(1)(a) all mining leases granted before the commencement of the mines and minerals (regulation and development) amendment act, 1972 (if in force at the date of commencement of the mines and minerals (regulation and development) amendment act, 1994 shall be brought in conformity with the provisions of ..... date of the commencement of the mines and minerals (regulation and development) amendment act, 1994), or such further ..... this act and the rules made thereunder within (two years from the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-18-2003
Reported in : 2003(4)ALD510; 2003(3)ALT18
..... lessee. the said provision, to the extent relevant, is extracted as under for ready reference:--(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, (56 of 1972), shall, notwithstanding anything contained in the instrument of lease or in any other law for the ..... is the owner of theland, he has all surface rights in thatcapacity. mineral being the property of thegovernment and governed by statute i.e.,mines and minerals (development andregulation) act, 1957 (for short 'the act')read with rules, the petitioner had appliedfor lease to extract the mineral from hispatta land. upon his application, the leasewas granted in his favour ..... after fulfilling theformalities like entering into the leaseagreement, payment of initially fixed deadrent etc. when once such licence wasgranted, it is for the petitioner either tooperate or not to operate the mining ..... local cess and local cess surcharge upon the seigniorage fee, dead rent, or area assessment in respect of lease of quarries or mines or mineral concession in respect of minor or other minerals, granted by the state to a lessee or registered holder or his lessee;(ii) the respondent /state is entitled to levy, .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-08-2003
Reported in : 2003(3)ALD454; 2003(3)ALT808
..... 3rd respondent in roc no. 41637 2002/1 41637 2002/1 dated 1.2.2003 as arbitrary, illegal and contrary to section 4-a(2) and (3) of the mines and minerals (development and regulation) act, 1957 and the rules made thereunder.2. the petitioner is the lessee in respect of jayanthipuram/ravirala sand reach. he was the highest bidder in the auction and was ..... counsel for the petitioner sri b. adinarayana rao, while referring to the various provisions under the mines and minerals (development and regulation) act, 1957 and the rules made thereunder, contended that under section 4-a(2) of the act the state government alone is competent to pass order prematurely terminating the mining lease for the reasons specified therein, and therefore, the impugned order is illegal and without ..... level committee and he cannot usurp the power conferred on the district level committee, i am unable to agree with the said contention. as expressed above, under the rules as amended by g.o. ms. no. 1 dated 11.1.2001, the district level committee is the competent authority to either to grant or to cancel or to take any decision ..... jurisdiction. the further contention of the learned counsel is that even assuming that under the rules made under the act as amended by g.o. ms. no. 1 dated 1.1.2001, the 1st respondent - district .....Tag this Judgment!
Court : Chennai
Decided on : Mar-26-2003
Reported in : 2003(3)CTC594
..... to go into the scope of the mines and minerals (development & regulation) act, 1957, hereinafter called 'the act' and the rules made thereunder and also the tamil nadu minor mineral concession rules, 1959. 5.entry 54 of list i of schedule vii deals with regulation of mines and mineral development, which reads as follows:- '54. regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is ..... was introduced for the following objects and reasons as set out hereunder:- 'the mines and minerals (regulation and development) act, 1957 provides for the regulation of mines and the development of minerals under the control of the union. since the last amendment of the act in 1972, many problems have come to the fore. the adverse effect of mining operation on ecology and environment have increasingly come to notice. in many cases ..... , mining operations have been undertaken without proper prospecting resulting in unscientific mining. further, a number of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-04-2003
..... imla. similarly unavailing is the tribe's reliance on the indian mineral development act of 1982 (imda), 25 u. s. c. 2101 et seq. the imda governs the secretary's approval of agreements for the development of certain indian mineral resources through exploration and like activities. it does not establish standards governing her approval of mining leases negotiated by a tribe and a third party, such ..... and sold from the lease." 61 fed. reg. 35658 (1996); 25 cfr 211.43(a)(2) (1997). the amended regulations further state, however, that "[a] lower royalty rate shall be allowed if it is determined to be in the best interest of the indian mineral owner." 211.43(b). 496 tions. see 25 cfr 211.15(c) (1985). it was substantially lower, however ..... party have agreed. 263 f. 3d, at 1340 (concurring opinion below, finding such a duty).16 14 because the tribe does not contend that the amended lease failed to meet the minimum royalty under the regulations then in effect, we need not decide whether the secretary's approval of such a lease would trigger money damages. see reply brief 15 ("the court ..... present purposes that a failure by the secretary to ensure, prior to approving a proposed lease, that its terms (or amendments) comply with the regulation specifying the minimum royalty rate to which the parties may agree would support a claim under the tucker act."). 15 under 30 u. s. c. 207(a), that customary rate was also a statutorily defined minimum for federal .....Tag this Judgment!
Court : Jharkhand
Decided on : Aug-01-2003
Reported in : 2003(51)BLJR1964; [2003(3)JCR524(Jhr)]
..... was unsustainable and not warranted by anything contained in the regulations and development act, 1957 or in the nationalisation act.6. the mines and minerals (regulations and development) act, 1957 came into force on 1.6.1958, section 9 of the act was part of the original act. but section 9a was introduced by the amending act. 1972. this was followed more or less by the ..... takeover of the management of the coalmines and the nationalisation of coalmines by the coal mines (nationalisation) act ..... subsequent government order, the eastern coalfields limited, has obtained a right over, several coal mines.4. section 9 of the mines and minerals (regulation and development) act, 1957 imposes an obligation on the holder of a mining lease to pay royalty in respect of any mineral removed or consumed by him or by his agent and so on, from the leased ..... they seek to challenge the attempt to recover the dead-rent from it under section 9a of the mines and minerals (regulation and development) act, 1957. the petitioner approached this court when certificate cases under the bihar and orissa public demands recovery act were initiated against the petitioner for recovery of such dead rent. on 6.3.2000.. the patna .....Tag this Judgment!