Court : Supreme Court of India
Decided on : Jul-26-2012
..... above, as per information of the state government the proposals which were submitted to the central government seeking prior approval u/s 5 (1) of the mines and minerals (development & regulation) act, 1957, either fall in the areas reserved for exploitation by the public sector or overlap with the area earlier held or being presently held by others and ..... of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to mmdr act). the letter stated that some 58 applications were received, seeking grant of the mining leases over an area of 3566.54 hectares in ghatkhuri reserved forest. all applicants were given sufficient opportunity of hearing. as far as monnet is concerned, state government had recommended the amended area of ..... separate legislation. in order to provide for the regulation of mines and the development of minerals, the mines and minerals (regulation and development) bill was introduced in the parliament. mines and minerals (regulation and development) act, 1957 and the amendments 46. 1957 act came into effect on june 1, 1958. it has been amended from time to time.47. section 2 of the 1957 act reads as follows : s. 2. ..... declaration as to the expediency of union control.- it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals to the extent .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-16-2012
Reported in : 2012(1)KCCR662(DB); 2012(2)KantLJ1
..... government in a rather whimsical and arbitrary manner. 13. the subject land without dispute is a government land and the mines and minerals development regulation act and the karnataka minor mineral rules, 1994 if at all are statutory provisions regulating grant of mining leases whether in respect of major mineral or minor mineral and insofar as minor minerals are concerned, the state government has framed the rules. it is not one ..... regulating the lease of the government land, whether forest land or revenue land. in such matters, until and unless the state government ..... for the complainant is that this decision perhaps was in respect of some other lessee and keeping in view the provisions of rule-16 of the karnataka minor mineral concession rules, 1994 as amended on 8.7.1999. 5. learned counsel for the complainant had submitted before the court that the writ petitioner had made two representations one dated 30.1.2009 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-27-2012
..... not been interrupted by such alternative employment. (1b) for the purposes of sub- sections (1) and (1a).the expressions" minerals" and" mining operations" shall have the meanings respectively assigned to them in clauses (a) and (b) of section 3 of the mines and minerals (regulation and development) act, 1957 (67 of 1957 ).(2) where any undertaking set- up for the construction of buildings, bridges, roads, canals, dams ..... such circumstances or not. 8 : the reason and object of providing reasonable restriction in the case of retrenchment of a workman as is mentioned in the amending act is to make protection of such service of the employee so that he may not suffer the loss of emoluments and livelihood all of a sudden if he is retrenched ..... to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months. there is an amendment made in the said provision by the state of madhya pradesh vide amending act no.32 of 1983, with effect from 28.10.1983 which reads thus :- 25-o. procedure for closing down an undertaking. (1) an employer ..... days' average pay for every completed year of continuous service or any part thereof in excess of six months. 7 : similarly provisions of section 25(o) are introduced by the amending act no.46 of 1982 with effect from 21.8.1984 which reads thus :- 25(o).procedure for closing down an undertaking- (1) an employer who intends to close down an .....Tag this Judgment!
Court : Chennai
Decided on : Feb-27-2012
..... to the state government to prematurely terminate the leases for any of the causes mentioned in section 4-a(2) of the mines and minerals (regulation and development) act, 1957, by giving a notice and hearing under section 4-a(3) of the act, if they want to terminate any lease within the said period of six months.4.as far as the present case is ..... concerned, admittedly, on the date of introduction of the amendment, the lease was subsisting and thereafter it was terminated by the state government. this ..... v. p.krishnamoorthy.2.admittedly, the respondent herein was granted quarrying lease for a period from 29.01.2002 to 28.01.2005. however, by reason of an amendment to tamil nadu minor mineral concessionrules, 1959, inserting rule 38-a, inserted under g.o.ms.no.95, industries, dated 01.10.2003, the right of quarrying sand in government lands and in ..... the judgment, while upholding the provision, the apex court read down the provision to point out that in regard to mining leases pending as on 02.10.2003, such of those petitioners whose leases were subsisting on the date of amendment would be entitled to carry on the quarrying activities for a period of six months or for the actual unexpired period .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-04-2012
..... in central legislations like section 14-a of the workmen's compensation act, 1923, section 11 of the epf act, section 74(1) of the estate duty act, 1953, section 25(2) of the mines and minerals (regulation and development) act, 1957, section 30 of the gift tax act, 1958 and section 529-a of the companies act, 1956, under which statutory first charge has been created in respect of ..... to the circumstances, namely :- (the modification i.e., (1) to (6) below notification are not extracted as not necessary) (notification no.68/63-c.e., dated 04.5.1963 as amended by notifications no.9/65-c.e., dated 06.2.1965; no.46/68-c.e., dated 23.3.1968; no.13/88-c.e. (n.t.), dated 29.4 ..... tune of rs.80,00,000/- towards central excise amount; first respondent initiated action for recovery under section 11 of the central excise act read with notification no.68/63-c.e., dated 04.5.1963 as amended from time to time which empowers the jurisdictional commissioner to attach and sell the movable and immovable properties of the assessee. by order dated ..... goods do not liquidate central excise arrears. as noticed earlier, the dept., relies on the notification no.68/63 dated 04.5.1963 amended from time to time by goi in exercise of powers under section 12 of the central excise act. the notification to the extent relevant reads as follows. notification under section 12 (1) notification extending the provisions of customs .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-06-2012
..... hectares of land in survey nos. 225/120 to 225/127 of yerraballigudem village, nellikuduru mandal, warangal district. the act, 1957 and the rules, 1966 are intended to regulate development of mining minerals under the control of the union and contain provisions necessary for that purpose. no person can claim any right in ..... , technical staff inspected the subject area on 4.3.2009 in the presence of applicants and reported that there is no mineral bearing area/prospect after leaving the amended quarry lease areas of m/s. venkateswara granites. the second respondent rejected the petitioner's application vide proceedings no.12068/r6 ..... of the learned senior counsel appearing for the fifth respondent that by invoking section 15 of the ap act, or section 21 of the central act, the state government has power to amend the sketch is devoid merit and untenable because the government is exercising the power under rule 35a of the ..... affirm the proceedings of the third respondent or set aside the same in case it is grossly erroneous, and therefore, the sketch cannot be amended by the first respondent. on the other hand, the learned senior counsel for the fifth respondent justified the proceedings in view of section 15 ..... dated 15.01.2005 for the unexpired portion of the lease period. subsequently, quarry lease sketch pertaining to the said quarry lease area was amended vide government memo dated 24.11.2008 and the lease was renewed for a further period of 20 years by the second respondent vide .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-08-2012
..... facts were as follows:- on a lease being granted by state of orissa under mines and minerals (development and regulation) act 1948 (central act), tulloch and company started working a manganese mine.the state of orissa passed orissa mining areas development fund act, 1952 under which the state government was authorized to levy a fee for development of "mining areas" in the state. after bringing these provisions into operation, state of orissa ..... and brought into force w.e.f. 1.01.1977 whereas the civil procedure code (amendment) act 104 of 1976, being the central act, was enacted on 9.09.1976; it received the assent of the president on the same day; it got published in the central gazette on 10.09 ..... of smt. chandra rani and others v. vikram singh and others [1979 all. l.j. 401] in the following circumstances:- the u.p. civil laws (reforms and amendment) act 57 of 1976 being the state act stood enacted on 13.12.1976; it received the assent of the president on 30.12.1976; it was published in the gazette on 31.12.1976 ..... are persons normally residing in the state, the foreman of the chitty shall open a branch in the state and obtain sanction and registration under the provisions of this act. (*) as amended by finance act, 2002 (2) whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine which .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-03-2012
..... request of the state government for seeking approval for reservation of 16109.61 hectares in raichur district (henceforward called the said land) under section 17a (2) of the mines and minerals (development and regulation) act, 1957 [mmdr act for brevity]. this request was held to be devoid of merit and accordingly was rejected. the state government was to consider the pending requests of the contesting respondents ..... letter no.ci.10:mmm.2007 dated 27.12.2008 seeking approval of central government for reserving 16109.61 hectares under section 17a(2) of mines and minerals (development and regulations) act, 1957 (mmdr act) in favour of m/s. hutti gold mines company limited (hgml) at south hutti, raichur district, karnataka. the matter has been examined in the ministry and it is observed that m/s ..... framework in the regulations of mining development of all minerals other than the petroleum and natural gas, the policy also envisages the co-operation between the state and central government, which at least so far as the factual matrix before us is concerned is totally missing. most importantly, section 3.2 of the national mineral policy, 2008 postulates the amendment of the mmdr act and the mcdr .....Tag this Judgment!
Court : Chennai
Decided on : Jul-18-2012
..... ; the government of maharashtra has framed the maharashtra minerals (prevention of illegal mining, transportation and storage) rules, 2001; the government of chhattisgarh has passed the minerals transit pass regulations, 1996; and the government of orissa has framed the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1999. thus, section 23-c of the mines and minerals (regulation and development) act, 1957 authorizes the state governments to frame rules ..... department, in his affidavit, has stated that in exercise of such a power under the amended rules, the illegal mining of sand ..... in particular and without prejudice to the generality of the power for preventing illegal mining, transportation and storage of minor minerals.37. the principal secretary to the government, industries .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-2012
..... be made applicable to the facts of the present case. that was a case relating to the mining in aravalli hills, a forest area, as per the provisions of the mines and minerals (regulation and development) act, 1957 and the supreme court had to consider whether the mining activity up to 5 km from delhi-haryana border on haryana side of the ridge and in aravalli ..... hills caused environmental degradation and while considering the question whether mining activity is to be absolutely banned or permitted on compliance ..... of necessary transmission lines, the matter shall be referred to the central electricity authority whose decision shall be binding on the parties concerned." 38.2. by an amendment brought in under the atomic energy (amendment) act, 1987, the definition of "government company" was incorporated as section 1(bb), which is as follows: "section 1(bb) government company means a company in ..... to complete the construction in three phases, namely (i) 5000 houses in 2012-2013; (ii) 3000 houses in 2013-2014; and (iii) 2000 houses in 2014-2015. in respect of the infrastructure development in the area, the government has planned to spend rs.200 crores in a period of two years, as we have already referred to. while appreciating the gesture .....Tag this Judgment!