Court : Gujarat
Reported in : AIR1983Guj1; (1982)2GLR690
..... (e)march 26, 198161/- b(3)in order to substantiate the challenge to the aforesaid notifications petitioners have challenged the constitutionality of the provisions of the oilfields (regulation and development) act, 1948 (hereinafter referred to as oilfields act) and rule 14 (1) of the petroleum and natural gas rules, 1959.3. ..... substantive relief claimed is the prayer contained in para 26 (b) whereby the following notifications issued under the provisions of the oilfields (regulation and development) act, 1948, have been challenged as illegal, invalid and unconstitutional. ..... entry 36 therein is in the following terms :'regulation of mines and oilfields and mineral development to the extent to which such regulation and development under federal control is declared by federal law to be expedient in the ..... corresponds to entry 53 in the union list of the constitution of india which reads thus : 'regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable. ..... the commencement of the constitution in so far as regulation and development of oilfields is concerned entry 53 in the union list in the seventh schedule is in pari materia with entry 36 of the government of india act. ..... preamble to the oilfields act shows that it has been enacted inasmuch as it is considered expedient in the public interest to provide for regulation of oilfields and development of mineral oil .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)1CALLT572(HC),2007(1)CHN155,[2007(113)FLR1085]
..... the said learned advocate submitted that the petitioner's activities come under the category of 'oilfields' as defined under section 3 of the oilfields (regulation and development) act, 1948 where oilfield has been defined in section 3(e) as ''oilfield' means any area where any operation for the purpose of obtaining natural gas and petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid or solid state, is to be or is ..... the respondents submitted that the petitioner's activities is under the control of the central government since some of the objects of the petitioner are to import, export, store and distribute lpg in bulk and packed forms which is covered under the category of 'oilfield' as defined under the said act of 1948. ..... held above that the petitioner-company does not come within the definition of 'oilfield' as defined in the said act of 1948. ..... the respondents have relied upon the meaning of the word 'oilfield' as defined in the aforesaid act of 1948. ..... (central), calcutta-ii against the petitioner alleging that certain irregularities were noted during an inspection of the petitioner's establishment at kolkata under the payment of gratuity act, 1972 and payment of gratuity (central) rules, 1972 and the petitioner was asked to rectify the irregularities and report compliance and the petitioner was also asked to show cause to the regional labour commissioner (central) at kolkata as to why legal action should not be taken against .....
Tag this Judgment!Court : Chennai
..... similarly, the oilfields (regulation and development) act, 1948 deals with the oilfields containing crude ..... hand, various enactments made by the parliament such as coking coal mines (nationalisation) act, 1972 and coal bearing areas (acquisition and development) act, 1957 make express declarations under section 4 and 7 respectively providing for acquisition of the mines and rights in or over the land from which coal is obtainable ..... for the respondent further submitted that there is no rule provision in tamil nadu minor mineral concession rule, 1959 for extension / renewal of rough stone quarry leases and that the petitioner cannot do mining activities without the permission from the authorities under the act and rules and that the mines and minerals (development and regulation) act, 1957 also recognizes the right /power of the state government in respect of the minerals vide section 10, 16(1)(b), ..... . if the understanding of the state of kerala that in view of the provisions of the mines and minerals development (regulation) act, 1957, the proprietary rights in mines stand transferred and vest in the state, it would be wholly an unnecessary exercise on the part of the parliament to make laws such as the ones mentioned above dealing with the nationalisation ..... . the mines and minerals (development and regulation) act, 1957 also recognizes the right /power of the state government in respect of the minerals vide section 10, 16(1)(b), 17a and vide rule 27(1)(m), 59 and 60 of the mineral .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)
..... the short title of the 1948 act was also amended to read 'the oilfields (regulation and development) act, 1948', and its long title was amended to read 'an act to provide for the regulation of oilfields and for the development of mineral oil resources'. ..... the object of the 1948 act was to regulate mines and oilfields and mineral development on the lines contemplated in the industrial policy resolution of april 6, 1948 (see the statement of objects and reasons to the legislative bill which when enacted became the mines and minerals (regulation and development) act, 1948, published in the gazette of india, 1948, part v, page 601. ..... accordingly, in pursuance of the power conferred by entry 36 in the federal legislative list the legislature of the dominion of india enacted on september 8, 1948, the mines and minerals (regulation and development) act, 1948 (hereinafter referred to as 'the 1948 act'). ..... there was no statute dealing with these matters prior to the enactment of the mines and minerals (regulation and development) act, 1948 (act no. ..... . they also knew that under the corresponding entry 36 in the federal legislative list, the 1948 act had been enacted and was on the statute book and that the 1948 act conferred wide rule-making power upon the central government to regulate the grant of mining leases and for the conservation and development of minerals .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2192
..... 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 ..... of petroleum is a matter more intimately connected with the oilfields (regulation & development) act, 1948 and the petroleum & natural gas rules, 1959, regulating the grant of exploration licences and mining leases in respect of petroleum and natural gas which belong to government and for conservation and development thereof. ..... powers by section 5 and 6 of the oilfields (regulation & development) act, 1948 and in supersession of the petroleum concession rules, 1949, the central government has made the petroleum and natural gas rules, 1959 ..... was done, the earlier mines & minerals (regulation & development) act, 1948 which was rechristened after its amendment as 'oilfields (regulation & development) act, 1948' applied to petroleum which is referable to ..... list, section 3(c) of the oilfields (regulation & development) act, 1948, defines 'mineral oils' so as to include natural gas and petroleum. ..... section 5 of the oilfields (regulation & development) act, 1948 empowered the central government to make rules for regulating the grant of mining leases or for prohibiting grant of such leases in respect of any 'mineral oil' .....
Tag this Judgment!Court : Allahabad
..... gas regulatory board(guiding principles for declaring or authorizing natural gas pipeline as common carrier or contract carrier) regulations, 2009, the petroleum and natural gas regulatory board (technical standards and specifications including safety standards for natural gas pipelines) regulations, 2009, the petroleum and natural gas regulatory board (determining capacity of petroleum, petroleum products and natural gas pipeline) regulations, 2010, the petroleum and natural gas regulatory board (petroleum and natural gas register) regulations, 2010, the oilfields (regulation and development) act, 1948. ..... under entry 53 of list i of the seventh schedule of constitution of india parliament has got power to make legislation for regulation and development of oilfields, mineral oil resources, petroleum, petroleum products, other liquids and substances declared by parliament by law to be dangerously inflammable. ..... they are:-the petroleum and natural gas regulatory board act, 2006, policy for development of natural gas pipelines, the petroleum and natural gas regulatory board (authorizing entities to lay, build, operate or expand natural gas pipelines) regulations, 2008, the petroleum and natural gas regulatory board (access code for common carrier or contract carrier natural gas pipelines) regulations, 2008, the petroleum and natural gas regulatory board (affiliate code of conduct for entities engaged in marketing of natural .....
Tag this Judgment!Court : Supreme Court of India
..... similarly, the oilfields (regulation and development) act, 1948 deals with the oilfields containing crude ..... the respondents before this court secured a lease of a piece of land in an inam village (shrotriem) and sought to carry on mica mining operation and applied for permission from the state of andhra pradesh under the mineral concession rules, 1949 made under the mines & minerals regulation & development act, 1948. ..... above conclusion of ours gets fortified from the fact that under the mineral concession rules, 1960 framed by the government of india in exercise of the powers conferred in section 3 of the mines & minerals regulation & development act, 1957, different procedures are contemplated and different sets of rules are made dealing with the grant of mining leases in respect of the two categories of lands in which the minerals vest, either in the government or in a person other than ..... . if the understanding of the state of kerala that in view of the provisions of the mines and minerals development (regulation) act, 1957, the proprietary rights in mines stand transferred and vest in the state, it would be wholly an unnecessary exercise on the part of the parliament to make laws such as the ones mentioned above dealing with ..... submission which we are required to deal with before we part with this matter is the argument of the learned counsel for the state that in view of the scheme of the mines and minerals (development and regulation) act, 1957 which prohibits under section 4[25] .....
Tag this Judgment!Court : Chennai
..... similarly, the oilfields (regulation and development) act, 1948 deals with the oilfields containing crude oil, petroleum, etc. ..... bench of the supreme court had held that ownership of sub-soil/mineral wealth normally would follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process and that the mines and minerals (development and regulation) act, 1957, does not declare proprietary rights of the state in mineral wealth, nor does it contain any provision divesting any owner of a mine of his proprietary rights. ..... been registered for offences u/s.447, 379, 109, 120(b), 201, 406, 420 ipc r/w 3(1), 4(1) of tnppdl act, 4(1), 4(2)(a), 4(3), 21(b) and 5 of mines & minerals development & regulation act and 4 of explosives substances act, on the allegation that a concern by name rr granite works had been granted mining lease in respect of an extent of 9.29 acres in s.no.209/3f, e.malampatti village, but such concern, acting along with others, had trespassed into the adjoining s.no.210, government land, and using unlawful means had done away with granite of approximately 690 sq.mtrs. ..... the allegation of commission of offences u/s.447, 379, 120(b), 420, 430, 434, 304(ii) r/w 511 of ipc, 3(1)(ii) of tnppdl act, 6 r/w 3(a) & 4(a) of explosives substances act and 4(1), 4(1a), 21 and 23 of the mines and minerals (development and regulation) act, 1957, was misplaced and the offences alleged would not be made out. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi104
..... one of the results of hose amendments was that the title of act 53 of 1948 was changed lo the oilfields (regulation and development) act, 1948. ..... mines and minerals (regulation and development) act, 1948 (53 of 1948) was enacted for the regulation of mines and oil fields, and lor the development of minerals. ..... kulkaria hill area by selecting the parties in accordance with section 11 of the mines & minerals (regulation and development) act of 1957, from amongst all those who applied for grant of mineral concession in ochre in response to state government notification dated 20-41-59 (irrespective of the fact whether any of these applied separately for particular blocks or for whole of the area advertised by the state government and whether any one of them filed a revision application or not under rule 54 of the mineral ..... (7) the mines and minerals (regulation and development) act, 1957 (67 of 1957) was thereafter enacted. ..... according to section 29 of the new act, all rules made under act 53 of 1948 shall, in so far as they related to matters for which provision was made in the new act and were not inconsistent therewith, be deemed to have been made under the new act and shall continue in force unless and until they were superseded by rules made under the new act. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)LC113Tri(Mum.)bai
..... as against this the definition of the term 'oilfield' in the oilfields (regulation and development) act, 1948 reads as follows : "'oilfield' means any area where any operation for the purpose of obtaining natural gas and petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid or solid state, is to be or is being carried on." 12. ..... the molecular sieves basic type 4a which had been imported was used as an adsorbent for static dehydration in a closed gas or liquid system and oilfield chemical which is essential for oil exploitation, consisting normally of the following categories : (1) mud additives, (2) cement additives, (3) production chemicals, (4) water injection chemicals, (5) process chemicals, (6) well stimulation chemicals.molecular sieves do not fall under ..... the exemption is subject to the condition that the importer produce at the time of clearance of the goods a certificate issued by the member secretary of the empowered committee on the indigenisation of oilfield equipment and services of the ministry of petroleum and natural gas, government of india, certifying that the said goods are essential for on-shore oil exploration or exploitation. ..... the disposal of this appeal therefore, also requires an answer to two questions; whether molecular sieves are oilfield chemicals and they hence been imported in connection with the purpose of on-shore oil exploration or oil exploitation.9. .....
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