Mines And Minerals Development And Regulation Act 1957 Section 6 Maximum Area For Which A Prospecting Licence Or Mining Lease May Be Granted - Judgment Search Results
Home > Cases Phrase: mines and minerals development and regulation act 1957 section 6 maximum area for which a prospecting licence or mining lease may be granted Page 1 of about 29,450 results (0.071 seconds)Sri Sathyamoorthy S/O. Perumal Vs. the Secretary to the Government of ...
Court: Karnataka
Reported in: 2009(6)KarLJ327
of Orissa, consisting of senior officers from the Ministry of Mines, the Indian Bureau of Mines and the Geological Survey of the MMDR Act and the intention for the development of minerals as provided under Section 18 of the MMDR Act, an Governments, yet the subject of regulation of mines and mineral development is covered by entry 54 of the Union List under legislation viz. the MMDR Act, in order to provide for regulation of mines and development of minerals, even though the mines to as 'the MMDR Act').9.3. Section 2 of the MMDR Act provides for declaration as to expediency of Union Control. Section governed by the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the MMDR Act').9.3. Section 2 of under Rule 35 of MC Rules also specifically refers to Section 11(3) of the MMDR Act It is, therefore, mandatory for the development of mineral deposits hi the erne concerned.9.4.5. Section 6 of toe MMDR Act deals with maximum area for which addition to the minerals extracted within the State by encouraging maximum investments in downstream industries; and(iii) to give priority to the In Sub-section (1) so that the sum total of the area held by such person, under a reconnaissance permit, prospecting licence terms and conditions of a reconnaissance permit or of a prospecting licence, or as the case may be, of a mining persons have applied for a reconnaissance permit or a prospecting licence or a mining lease in respect of the same land, certain areas exclusively for existing steel industries;iii. to grant Captive Mining Leases to Steel Manufacturing industries in the State of Karnataka ft proposes to refuse to grant or renew the mining lease as per Rule 26 of the MC Rules. Accordingly, a satisfied that the permit holder.or the licensee, as the case may be,-(a) has undertaken reconnaissance operations or prospecting operations, as the or, as the case may be, of a mining lease, granted under this Act and the Rules made thereunder:Provided that nothing
Tag this Judgment! Ask ChatGPTState of Karnataka Vs. Dundamada Shetty
Court: Karnataka
Reported in: ILR1993KAR2605; 1994(3)KarLJ378
of the Government for the time being, the right to mines, minerals and mineral products, shall vest absolutely in the State Court only held that Rule 8C of the Tamilnadu Minor Minerals Concession Rules as applicable then, would not apply to a force of the Central Act, Mines and Minerals (Regulation and Development) Act, 1957, the State Legislature lost legislative competence to enact is even repugnant to the Mines and Minerals (Development and Regulation) Act, 1957. It was lastly contended that even on the Sub-section (3) read with Section 17(i), 17A(i) of the Central Act even the Central Government will have to give royalty to Section 15 of Mines and Minerals (Regulation & Development) Act, 1957. Now a look at the said Rules, shows that it petitioners that there is no question of application of either Section 4 of the Central Act or Rule 34 of the Justice Swami (as he then was) in WP.637/85 decided on 6.6.1985, Veeramadhu v. Deputy Commissioner who has taken this very view. situated in the lands occupied by such pattadars in Madras area and when that Section of Madras Rules is pari materia Act provides as under:'4. (i) No person shall undertake any prospecting or mining operations in any area, except under and in is defined by Section 3(g) of the Act as a licence granted for the purpose of undertaking prospecting operations. While 'prospecting in Section 4(1) is that such person cannot undertake any mining operation in any area, meaning thereby even in an area is further supported by the connotation of the word 'mining lease' as defined by Section 3(c) which would include even a minerals as the Government, by notification in the official Gazette, may from time to time exempt from the scope of the 3(c) of the Act defines 'mining lease' as a lease granted for the purpose of undertaking mining operations, and includes a
Tag this Judgment! Ask ChatGPTAmritlal Nathubhai Shah and ors. Vs. Union Government of India and anr ...
Court: Gujarat
Reported in: AIR1973Guj117; (1972)GLR1006
is cut down and the whole subject of regulation of mines and development of minerals is taken out of the legislative by Parliament the entire subject-matter of 'conservation and development of minerals' has been taken over, for being dealt with by Parliament, 23 of List II reads 'Regulation of mines an mineral development subject to the provisions of List I with respect to interest that the Union should taken under its control the regulation of mines and the development of minerals to the extent and the development of minerals to the extent hereinafter provided'.The Act then proceeded to enact 33 Section separated by general headings of the Mines and Minerals (Regulation and Development ) Act 1957 and the Mineral Concession Rules 1960. The facts giving rise not a minor minerals. Section 16 is the not material. Section 17 confers special power on the Central Government to undertake of lease after following the procedure laid in Rule 58. 60. Application for the grant of a prospecting licence or mining Parliament'. Article 162 merely provides 'an extensible limit and not maximum limit' of the executive power of the State Government. It was also issued by the Government of Gujarat for all areas of Jamnagar and Junagadh Districts on 26th February, 1964. On be granted and Section 7, the periods for which a prospecting licence may be granted or renewed and Section 8, the power of the Quebec Liquor Commission to cancel a liquor licence the learned Judge observed :-- 'A decision to deny or to 9 provides for general restrictions on undertaking prospecting and mining operations. Of this group, two Sections is are material, namely, the Central Government, grant a prospecting licence or a mining lease to an applicant whose applicants was received later in preference Before we embark upon a consideration of this question we may at the outset clear the grounds by disposing of a terms and conditions of a prospecting licence or mining lease granted under the terns and Act or the Rules. This restriction
Tag this Judgment! Ask ChatGPTJindal Vijayanagar Steels Ltd., Now Known as Jsw Steel Ltd. Rep. by It ...
Court: Karnataka
Reported in: 2009(4)KCCR2566(D.B)
any pollution and empowers the Central Government to regulate the mines and development of minerals systematically, it may not be proper of mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as by itself, will be harmful to human life. Therefore, economic development and environmental protection should complement with each other. Such sustainable accordance with Section 11 of Mines & Minerals (Development & Regulation) Act, 1957, and Rule 35 of Mineral Concessions Rules, 1960. our purpose are the Water (Prevention and Control of Pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of applications were examined under Section 11(5) of MM (D&R;) Act, 1957 with a view to provide an opportunity to all the herein(respondents No. 4 and 5 in the writ petition), under Section 11 of the MMRD Act and Rule 35 of the Section 11(3) of the MMDR Act?(iv) Whether the proceedings dated 6th December, 2004 suffers from:i. irregularity,ii. illegality,iii. discrimination,iv. arbitrary and unreasonable the development of mineral deposits In the area concerned.Section 6:- Maximum area for which a prospecting licence or mining lease may that mining activity should be totally avoided in the forest area.17.44.4. We are, therefore, of the considered opinion that the learned maintained in the prescribed form:(a) a register of applications for prospecting licences;(b) a register of prospecting licences;(c) a register of applications of the MMDR Act, application for the reconnaissance permit, prospecting licence or mining lease shall be made to the State Government the firms who are willing to invest huge amount in mining industry have also indicated that they require the mines for at 4.00 p.m. to make presentation for sanction of mining lease in their favour. Due to unavoidable circumstances the hearing could reconnaissance permit, prospecting licence or mining lease, as the case may be, to an applicant whose application was received later in 5 in the writ petition) and all the mining leases granted pursuant to the notification dated 15th March, 2003, but also
Tag this Judgment! Ask ChatGPTR. Pampapathi Vs. the State of Karnataka and ors.
Court: Karnataka
Reported in: ILR1997KAR1510
Parliament has occupied the field in connection with Regulation of mines and minerals development in the country and when the Parliament occupied the field in connection with Regulation of mines and minerals development in the country and when the Parliament declares that respondents, this Court held that Section 98-A which imposes forest development tax on the purchase price of forest produce disposed of of India; and a declaration made by the Parliament for Regulation of mines and mineral development under Entry 54 List-l does result in the increase of royalty payable under the MMRD Act and therefore violate Section 9(2) of the MMRD Act. 3. Union control envisaged by Entry 54 and the M.M.R.D. Act, 1957, is to provide for proper development of mines and mineral effect only prospectively. RE: POINT (I):6. The relevant portions of Section 98A of the Forest Act reads as follows;-'(1) Notwithstanding anything of the Mines and Minerals (Regulation & Development) Act (Act 67 of 1957). b) The respondents are restrained from demanding or Ore in the lands leased to them, situated in forest areas. The petitioners, as lessees, are liable to pay annual dead refund and effect should be given to the decision only prospectively. Reliance is placed on the decision of the Supreme Court prove that the transaction is a sale by grant of licence to remove the forest produce - STATE OF ORISSA vs. the permission to cut and remove specified trees. Hence, a mining lease cannot be termed as a licence. Secondly, sale under referred to in Part I of the Schedule to the Lease Deeds, together with the liberties, powers and privileges to be the quantity so extracted. Such payment is called 'royalty'. It may, however, be that the mine is not worked properly so accordance with the terms and conditions of a mining lease granted under the Act and the Rules made thereunder. A mining
Tag this Judgment! Ask ChatGPTMisrilall JaIn and Sons and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Reported in: 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]
List. Entry 54 of List I relates to regulation of mines and minerals and development of the same and entry 23 of mining leases and for the conservation and development of minerals. It also knew that in the exercise of such rule-making Union Government had taken under its control the regulation and development of minerals. Subject to the provisions of List I the to State List. Entry 54 of List I relates to regulation of mines and minerals and development of the same and matter of payment of surface rent is left by the Act to subordinate or delegated legislation by the Central Government which, did, as pointed out earlier, was to transfer to the 1957 Act certain provisions which had until then been dealt with in the official Gazette, declare to be a minor mineral. Sections 5 to 12 deal with the procedure for grant of 83 to 92-B in List I and Entries 45 to 63 in List II. List III, the Concurrent list, does not leases. Section 6 lays down the provisions as to the maximum area for which prospecting license or mining lease may be specified by the Collector from time to time for an area occupied or used by the lessee. The respondents' further case 5 of the Act puts restriction on the grant of prospecting license for mining leases. Section 6 lays down the provisions of the Act puts restriction on the grant of prospecting license for mining leases. Section 6 lays down the provisions as lost all legislative competence with regards to surface rent of mining leases. Since the State has no legislative power with regard Schedule, for all the areas included in the instrument of lease.Provided that where the holder of such mining lease becomes liable, tax. Royalty is paid to the owner of land who may be a private person and may not necessarily be a of that mineral.(2A) The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals
Tag this Judgment! Ask ChatGPTAdhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...
Court: Jharkhand
Reported in: 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
taken the plea that since he alone had discovered the mines, he has got a preferential right over any other person. with the Act and the Rules. The mines and the minerals in question (bauxite) were, however, in the territory of the was enacted for the purpose of regulation of mines and development of mineral under the control of Union.24. By Section 2 of Section 5(1) and 11(5) of the Mines and Mineral Regulation Development Act. After receiving the application of the petitioner the conditions of perspective lease for mining lease granted in the Act and the Rules made thereunder.25. Section 10 prescribes the procedure 17 of the Mines and Minerals (Regulation & Development) Act 1957 confer special power to the Central Government to undertake prospective private person wider prospecting licence or mining lease.] 32. After Section 17A was inserted in the Act 1987 Rule 58 of rights in rejecting the applications of the appellants under Rule 60 as premature. The Central Government was thus justified in rejecting area. It is stated that Mega investors who bring in maximum investment and benefit to this State should get due priority 59(1), once a notification under Rule 58 is made, the area so reserved shall not be available for grant unless the the powers conferred by Sub-section (2), the Central Government undertakes prospecting or mining operation in any area the Central Government shall Government, after consultation with the State Government, may undertake prospecting licence or mining lease, and where it proposes to do so, to the Ministry of Coal for two blocks for captive mining but despite all these facts the State Government illegally and proposal in favour of the petitioner for grant of mining lease over an area of 346.647 Hectares at Ghatkuri was prepared 21 or Sub-rule (2) of Rule 40, as the case may be in ink; and (ii) the availability of the area has no right to insist that a ML should be granted to it. It is open to the S.G. to exercise
Tag this Judgment! Ask ChatGPTBhullan Vs. the Sarvodaya Vita Kavelu Kumbhar Kam Sahakari Audyogik Ut ...
Court: Mumbai
Reported in: AIR1978Bom259; (1978)80BOMLR634; 1978MhLJ276
powers conferred by Sub-section (1) of Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 Rules, 1960 read with Section 19 of the Mines and Minerals (Regulation and Development) Act, 1957. In the present case also of Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957), the Government of the provisions of Section 19 of the Mines and Minerals Regulation and Development) Act, 1957. According to Shri Ghate Rule 4 while exercising its jurisdiction under Rule 33 the State Government acts as an appellate authority which is a 'Court of error' the appellate stage. (See-- Provincial Transport Co. v. N.H. Mujumdar, 1957 Nag LJ 610. By Rule 33 a right of appeal also Shri Ghate is strongly relying upon the provisions of Section 19 of the Mines and Minerals Regulation and Development) Act, (See-- Provincial Transport Co. v. N.H. Mujumdar, 1957 Nag LJ 610. By Rule 33 a right of appeal is provided in that the Co-operative Society has already worked on the lease area and has spent some amount over it are not correct. Section 19 of the Act, however, says clearly: '19. Any prospecting licence or mining lease granted, renewed or acquired in contravention or prospecting licence (ii) determining or cancelling such lease or licence and (iii) refusing to permit transfer of a mining lease, No. ML-274/67 to the Collector, Nagpur on 18-5-1967 for grantof mining lease for brick clay over 15.33 acres of land from mining lease or prospecting licence (ii) determining or cancelling such lease or licence and (iii) refusing to permit transfer of a the delay in the execution of the formal lease, he may permit the execution of the formal lease after the expiry however, says clearly: '19. Any prospecting licence or mining lease granted, renewed or acquired in contravention of the provisions of this
Tag this Judgment! Ask ChatGPTSampat Lal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Reported in: 1990WLN(UC)395
delineated in 181 plots for the better development of marble mines. In the decision Annexure 2, the respondents no. 1 to the opinion that Under Section 30 of the Mines and Minerals (Regulation and Development) Act, 1957 a revision lies to the it was taken in the best interest of the mineral development, financial assistance can be obtained for processing unit but not and Minerals (Regulation and Development) Act, 1957 (In short 'the Act') could be failed by the petitioners before the Central Goverment. 30 of the Mines and Minerals (Regulation and Development) Act, 1957 (In short 'the Act') could be failed by the petitioners for getting the order Annexure 2 quashed? A revision Under Section 30 of the Mines and Minerals (Regulation and Development) Act, That the State Govt. by exercising the powers Under Rule 65 has chosen the respondent no. 4 for grant of mining permission for Nazrana area in December, 1984 and for parbati area in September, 1983. The case of the answering respondents is their agent and granted working permission to it for undertaking mining opertion in 65 plots for marble on certain conditions. Instead thereof, the petitioners submitted their applications for grant of mining leases for the various plots. One Rajendra Singh Mehta filed writ as under:9. Refusal of application of Mining lease-. The Government may refuse to grant or renew a mining lease where it It is also not in dispute that the working permission granted by the Government of RSMDC was recalled in August, 1986
Tag this Judgment! Ask ChatGPTNational Mineral Development Corporation Limited a Company Incorporate ...
Court: Karnataka
Reported in: 2007(2)KLJ235; 2007(1)KCCRSN16; 2007(1)AIRKarR402
the investment which the applicant proposes to make in the mines and in the industry based on the minerals;(e) such other authority to order reservation flows from the fact that the minerals within its territory, which vest in it. But quite apart which land earlier had been granted to the National Mineral Development Corporation who had surrendered the same to the Government. The under Rule 11(2) of the Mines and Minerals (Development and Regulation) Act, 1957 are affected by those notifications. Therefore, all these approval from the Central Government under Section 2 of the Act and issuing notification subject to the condition of getting various revenue department for mining activities and compliance of MM(D&R;) Act, 1957 and the M.C. Rules and all other relevant Acts and had a preferential right by virtue of Sub-section (2) of Section 11 are denied such preferential rights.25. When once an area Act or a Government company within the meaning of Section 617 of the Companies Act, 1956 (1 of 1956).Rule 59: Availability of minerals. Section 17A(2) empowers State Government to reserve any area not already covered by a prospecting or mining lease, for any special reasons to be recorded, grant a reconnaissance permit, prospecting licence or mining lease, as the case may be, to 720 hectares in Ramadurga which was surrendered by another lessee. Licence was not granted. Aggrieved by the same, the petitioner preferred again for the grant of a prospecting license or a mining lease, the State Government was well within its rights in period of six months. In the meanwhile before granting the lease, the Government has to obtain the approval under Section 2 subject to the provisions of Sub-section (1), the State Government may, for any special reasons to be recorded, grant a reconnaissance under Rule 58. If such a land is to be granted then a notification is a must.22. The procedure for obtaining
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