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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Year: 2006

Mar 24 2006 (SC)

State of Tamil Nadu and anr. Vs. P. Krishnamurthy and ors.

Court : Supreme Court of India

Decided on : Mar-24-2006

Reported in : AIR2006SC1622; JT2006(4)SC167; (2006)3MLJ313(SC); 2006(3)SCALE460; (2006)4SCC517

..... of the amendment to the rules by adding rule 38a.(ii) the state has the power to regulate the grant of quarrying and mining leases relating to minor minerals by making appropriate rules, in view of the power delegated to it by the parliament under section 15 of the mines and minerals (development and regulation) act, 1957 (for short the 'act'). the power to regulate includes the ..... (2) of section 4a contemplates premature termination only when the concerned government is of the view that it is expedient to do so, in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, to prevent pollution or to avoid danger to public health or communication or to ensure safety of buildings, monuments or ..... act 37 of 1986) enables the central government to request the state government to terminate a mining lease in regard to any mineral (other than a minor mineral) and also enables the state government to terminate a mining lease in regard to any minor mineral, where the concerned government is of the opinion that it is expedient in the interest of the regulation of mines and mineral development ..... it originally stood prior to the substitution thereof by act no. 37 of 1986. section 4a, considered in that case, read as under:-4-a(1). where the central government, after consultation with the state government, is of opinion that it is expedient in the interest of regulation of mines and mineral development so to do, it may request the state .....

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Sep 20 2006 (HC)

Progressive Constructions Co. and ors. Vs. South Central Railway and o ...

Court : Andhra Pradesh

Decided on : Sep-20-2006

Reported in : 2006(6)ALD570

..... or sublessee 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 ..... is liable to be paid on the quantity dispatched or consumed from the quarry site duly obtaining the permits on the specified minerals. as per section 3(e) of the mines and minerals (development and regulations) act 1957, the road metal is defined as 'minor mineral' by the central government vide notification no. m.ii-152/(18) 54-a-ll, dated 1.6.1958.with reference ..... 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 ..... petitioners are not aware of and they were never put on notice. learned counsel also had drawn the attention of this court to sections 9, 13 and 15 of the mines and minerals (development and regulation) act 1957, hereinafter in short referred to as act for the purpose of convenience. learned counsel also had drawn the attention of this court to rule 64(b) of the .....

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Aug 22 2006 (HC)

Bharat Coking Coal Ltd. and Tata Iron and Steel Company Vs. the State ...

Court : Jharkhand

Decided on : Aug-22-2006

Reported in : [2007(1)JCR25(Jhr)]

..... some of the important provisions of mines and minerals (development & regulation) act, 1957, mineral concession rules and regulations framed under mines act (hereinafter to be referred as act, rules and regulations, as the case may be) with a view to appreciate respective contentions of the parties.mines and minerals (development & regulation) act, 19579. 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 ..... 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 .....

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Dec 01 2006 (SC)

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Decided on : Dec-01-2006

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... not an end in itself but is only a means to an end. the fundamental object of the nationalisation act as also of the nationalisation amendment act is to bring into existence a state of affairs which will be congenial for regulating mines and for mineral development.it may be true that prices are required to be fixed having regard to the market forces. demand and ..... of list i as also entry 52 of list i of the seventh schedule of the constitution of india. in exercise of such power, the parliament enacted the industrial (development and regulation) act, 1951 and mines and minerals (regulation and development) act, 1957. a constantly variable price per se, therefore, appears to be unreasonable and unfair being opposed to the professed policies under the said ..... may notice in ongc (supra), this court has held that slurries are a part of coal and is governed by the provisions of the mines and minerals (regulation and development) act. such being the wider definition of coal, we fail to see any reason as to why proper measure cannot be taken by the union of india to have a ..... required by all consumers used to be regulated by the coal controller. coal was the only mineral which was subjected to nationalisation, in terms of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973. even coal-mining leases granted to the lessees stood terminated by reason of section 4-a of the mines and minerals (regulation and development) act, 1957 in the year 1976. coal .....

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Dec 12 2006 (SC)

Doiwala Sehkari Shram Samvida Samiti Ltd. Vs. State of Uttaranchal and ...

Court : Supreme Court of India

Decided on : Dec-12-2006

..... . it is thus seen that under the above amended rule, the rights of the government to get the mining activities done by the government departments, government corporations etc. was not affected. the rights of the government, as already noticed, mining trade in respect of the minor minerals and lease is regulated by section 15 of the mines and minerals (regulation and development) act, 1957 under which the state government has ..... will be proper to mention certain provisions of 1957 act and the rules of 1963.17. section 15 of the mines and minerals (regulation & development) act, 1957 gives power to state government to make rules in respect of minor minerals. the state of u.p. framed the u.p. minor minerals (concession) rules 1963 under section 15 of the mines and minerals (regulation & development) act, 1957. rule 3 sub-clause 1 of the ..... vested in it under section 15 of mines and minerals (regulation & development) act, 1957 the state of u.p. has made u.p. minor mineral (concession) rules, 1963 which has been adopted by the state of uttaranchal with certain modifications on 30.4.2001 exercising power under section 87 of u.p. reorganisation act, 2000. the state of uttaranchal further amended its policy decision on 17.10.2002 .....

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May 19 2006 (HC)

Naba Apot Vs. State of Orissa and anr.

Court : Orissa

Decided on : May-19-2006

Reported in : 2006(II)OLR21

..... applicability of the provisions of section 16 of the state act with respect to the alleged offences committed under the said act and confiscation of the seized vehicles and goods in case of minerals which are covered under the mines and minerals (development and regulation) act, 1957 (for short 'the m.m. (d. & r.) act, 1957) after its amendment with effect from 18.12.1999, arose for consideration. ..... .m. (d & r) act, 1957 and on examining the ..... a bench of this court on analysing the relevant provisions of both the state act and the m ..... sections 12 and 16 of the state act in the m.m. (d & r) act, 1957 by way of its amendment with effect from 18.12.1999, the said provisions are no more applicable to the cases involving minerals which are covered under the m.m. (d & r) act, 1957. admittedly, in both these writ petitions, mineral involved was iron ore lumps, which is .....

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Nov 27 2006 (HC)

National Mineral Development Corporation Limited a Company Incorporate ...

Court : Karnataka

Decided on : Nov-27-2006

Reported in : 2007(2)KLJ235; 2007(1)KCCRSN16; 2007(1)AIRKarR402

..... are challenging the notifications dated 17.2.2003 and 15.3.2003 issued by the government of karnataka, complaining that their preferential rights under rule 11(2) of the mines and minerals (development and regulation) act, 1957 are affected by those notifications. therefore, all these petitions are clubbed together, heard and disposed of by this common order.2. in wp.no. 18445/2003 the petitioner ..... applications would be considered along with the applicants who filed application in pursuance of the notification. this first proviso to sub-section (2) of section 11 of the act was introduced by way of amendment act, 1999 w.e.f. 18.12.1999.23. therefore, the question for consideration is whether this proviso is prospective and it would take away the right of ..... ) of rule 58 regarding availability of the area to be notified for regrant was enacted. on 9-7-1963, central government amended rule 59 of mc rules, 1960 by deleting the words 'other than prospecting or mining for minerals'. rule 59 as amended on 9-7-1963 reads as under:rule 59: availability of certain areas for grant to be notified. - in the case ..... rules 1960. this rule reads as under:rule 75: under this rule state government can itself undertake prospecting or mining operations of any mineral by notifying in the gazette notification.further on the same day, central government amended rule 59(1)(e) by substituting words 'reserved by the state government' in place of 'reserved by government'. this is because on the very day .....

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Aug 22 2006 (SC)

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-22-2006

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

..... the interpretation of statutes', 10th edn., pp. 50-51.56. in state of tamil nadu v. hind stone and ors. : [1981]2scr742 , it was held as under:the mines and minerals (regulation and development) act is a law enacted by parliament and declared by parliament to be expedient in the public interest. rule 8-c has been made by the state government by notification ..... for membership in the council of states. there is no such express constitutional provision prescribing such additional qualification.thus, the argument based on the 73rd and 74th constitutional amendment acts 1992 which introduced part ix and part ix-a to provide for panchayat and municipalities as institutions of self government is of no avail to the petitioners.concept of ..... added here that after the first general elections had led to the two houses of parliament being constituted, article 379, having served its purpose, was deleted by constitution (seventh amendment) act, 1956 with effect from 1st november, 1956.the provisional parliament, in exercise of its authority under article 379 read with aforementioned enabling provisions, enacted a law called the 'representation ..... contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or fine or with both.by representation of people (amendment) act, 2003, (act no. 40 of 2003), in section 3 for the words 'in that state or territory', the words 'in india' were substituted.3. in sections 59, 94 and 128 .....

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Mar 30 2006 (HC)

Abhay Stone Works, Proprietor Krishndeo Singh and ors. Vs. State of Bi ...

Court : Patna

Decided on : Mar-30-2006

..... the submissions made on behalf of the petitioners, it will be useful to take a look at the relevant statutory provisions. the mines & minerals (development & regulation) act was subjected to a number of amendments by the amendment act 38 of 1999. the amendments included addition of a new provision in the form of section 23c, the marginal sub-title of which reads as:power of state ..... cases question the validity of clauses (a) and (d) of sub-rule (1) of rule 7 of the bihar minerals (prevention of illegal mining, transportation & storage) rules, 2003 and contend that the impugned provisions are ultra vires section 23c of the mines & minerals (development & regulation) act, 1957 under which those were framed.3. clause (a) of sub-rule (1) of rule 7 provides that ..... the number of stone crushers in a particular area/district shall be determined on the basis of the total production of stone minerals taking into account the number of leases and ..... government to make rules for preventing illegal mining, transportation and storage of minerals. and the contents of the section are as follows:23c. (1) the .....

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Nov 07 2006 (SC)

Pallava Granite Industries (India) Pvt. Ltd. Vs. Union of India (Uoi) ...

Court : Supreme Court of India

Decided on : Nov-07-2006

Reported in : JT2006(10)SC318; 2006(11)SCALE511

..... shall be reserved for exploitation by andhra pradesh mineral development corporation limited which is a state-owned corporation (for short, 'apmdc'), in public interest. these g.o. nos. 267 and 268, however, were issued without prior approval of the central government under section 17a(2) of the mines and minerals (regulation and development) act, 1957 (for short, 'the 1957 act'). these g.o. nos. 267 and 268 ..... of the view that g.o. no. 1290 is not in the nature of the grant as alleged. in this connection we may recapitulate that the 1973 act stood enacted to consolidate and amend the law relating to the fixation of ceiling on agricultural holdings and taking over the surplus lands. the land in question fell in the category of surplus lands ..... 10. before coming to the arguments advanced before us, we are required to summarise the relevant provisions concerning the 1973 act, the 1966 rules and the 1957 act read with the mineral concession rules, 1960. the 1973 act is an act to consolidate and amend the law relating to the fixation of ceiling on agricultural holding and taking over of surplus lands and to provide for ..... the matters connected therewith. the said act provides for the imposition of a ceiling on agricultural holdings ranging from acs.27 .....

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