Court : Orissa
Reported in : AIR1958Ori187
..... that the government of india included an industry engaged in the manufacture or production of paper as a 'scheduled industry' in the industries (development and regulation) act 1951; vide item 21 of the first schedule to that act. but there is no statement either by the state government or by ..... as the-mahanadi valley schemes, machkund hydroelectric scheme, capital construction scheme, and. scheme for resettlement of displaced persons, and other similar schemes dealing with development of agriculture and irrigation.the normal law dealing with land acquisition, namely the land acquisition act, was intended to be applied in other (non-urgent ..... acquisition officer, cuttack, for the acquisition of the petitioner's lands described in the schedule attached to the petition, under the provisions of the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act 1948 (orissa act xviii of 1948 -- hereinafter referred to .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori185
..... a tender are not normally open to judicial scrutiny. the learned counsel also relied on the definition of 'minerals' in section 3(a) of the mines and minerals (development and regulation) act, 1957. under section 3(a) 'minerals' include all minerals except mineral oils and under section 3(e) 'minor minerals' have been defined as follows:(e) ..... the aforesaid clause mainly on two grounds, one of which has-been indicated above and the other ground is that under the provisions of mines and minerals (development and regulation) act, 1957, there is no distinction between major minerals and minor minerals and as such experience in minor minerals can also include as experience in major ..... that minor miner' also are mostly used in local areas and for local purposes while minerals other than minor minerals are those which are necessary for industrial development on a national scale and for the economy of the country. that is why matters relating to minor minerals have been left by parliament to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori24; 28(1962)CLT66
..... it isnot necessary that rules should be made or enforced;'all that is required is a declaration by parliamentthat it is expedient in the public interest to takethe regulation and development of mines underthe control of the union.' in such a case, the testmust be whether the legislative declaration coversthe field or not. judged by this test, ..... new act dealt with the subject in a more elaborate manner nevertheless there is no essential distinction between the two. both were made for the purpose of regulation and development of mines and minerals. section 2 of the new act contains a declaration to the following effect:'it is hereby declared that it is expedient in ..... state legislature under entry 23 is subject to the limitation imposed by the latter part of the said entry. if parliament by its law has declared that regulation and development of mines should, in the public interest, be under the control of the union, to the extent of such declaration the jurisdiction of state legislature is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori15
..... the evolution of certain cultural and moral values of the humanity and the rural and urban areas developments in agricultural technology, waste, barren or industrial belts; developed, developing and under-developed parts of the lands; the rich and poor indians; the population explosion and the industrial implosion; ..... trainings. aggeration of degraded mangrove areas is desirable, efforts should be made for providing better educational and health facilities. eco-tourism development should be encouraged. but proper care should be taken to see that tourists do not destroy the serenity of the atmosphere. ..... development while taking due care and regarding the protection of environment, this is sought to be achieved by issuing notifications like the present, relating to developmental activities being carried out in such a way so that unnecessary environmental degradation does not lake place. in other words, in order to prevent ecological imbalance and degradation activity is sought to be regulated .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT782
..... available when an alternative remedy is available. however, though any order passed by the authority is revisable as per section 30 of the mines & minerals (development & regulation) act, 1957 & the lease was not transferred & the petitioners have filed this writ application to continue the mining operation, since there is a dispute ..... the opp. parties submitted that the writ application is not maintainable as an alternative remedy by way of revision under section 30 of the mines & minerals (development & regulation) act, 1957 is available to the petitioners. in support of his contention, he cited the decision reported in : air 2005 sc 3425 (central coalfields ..... which is not maintainable. in view of the terms & conditions contained in the lease read with the proviso to section 30 of the mines & minerals (development & regulation) act, 1957 & rule 25-a of the mineral concession rules, 1960, the legal representatives of manoranjan das automatically stepped into the shoes of their predecessor .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... legislative competence of the state legislature. since the central act was primarily concerned with the development and regulation of declared industries and not with ownership of industrial undertakings, the state legislature had the competence to enact the impugned law.summing up, their lordships ..... contended that the state legislature had no competence to pass the ordinance in view of the fact that sugar was a declared industry under the industries (development and regulation) act, 1951. it was held by desai, j., that the field occupied by the central legislature was the measure of the erosion of the ..... enacting in toto the provisions contained therein.3. the petitioners hold mining leases granted by the state of orissa under the provisions of the mines and minerals (regulation and development) act of 1987 (central act 67 of 1957) (hereinafter called 'the central act of 1957') read with the mineral concession rules, 1960 and are .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori189
..... the shares in the company were held originally by sri narayan swami, respondents 2 and 4, sri j. s. tarapore-wala and a company called the kalinga industrial development corporation ltd., which was controlled by respondents 2 and 4. subsequently an agreement was entered into amongst the petitioner, respondents 2 and 4, sri narayan swami and sri ..... on 18th november 1957, the article of association of the company was amended by a special resolution. article (1) was substituted by the following article-- '(1) the regulations contained in table a in the first schedule of the companies act, 1956 in so far as they are not hereby modified or altered, shall apply to this company.' ..... into a public company twice on llth january 1957 and 15th november 1957. on the 15th november, article (1) was substituted by the following articles :--'the regulation contained in table a in the first schedule of the companies act 1956 in so far as tney are not hereby modified or altered shall apply to this company .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR357
..... benefit of revised scale of pay granted to their counterparts in state government and though both bda and bhubaneswar municipal corporation are under the housing and urban development department, the municipal corporation employees have not been extended the benefit of revised scale of pay with effect from 1.1.1996. it is therefore stated that ..... to the petitioners with effect from 1.1.1996.11. the learned counsel appearing for the opposite party no. 1, the government in housing and urban development department, submitted that since the opposite parties 2 and 4 have unanimously resolved in their corporation meeting dated 31.7.2004 to allow the benefits of 5th ..... of the rules.3. in view of section 81 of orissa municipal act which empowers the state government to create local fund service and to make rules to regulate the clarifications, methods of recruitment, conditions of service, pay and allowance, discipline and conduct of the officials and servants belonging to local fund service, the .....
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Reported in : AIR1976Ori85
..... extended throughout the country with a view to enlisting participation of the people in the planning and executing of rural schemes of planned development. development of panchayats as institutions actively responsible for village development was one of the items approved for implementation. it was during the second five-year plan period that a block was established at ..... not been complied with and would entail dismissal of the election petition on that ground alone. rule 6 of the rules framed by the high court to regulate proceedings under the act provides that the election petition shall be presented along with the necessary copies, and all copies of the petition shall conform to the ..... of public or private works or to undertake piece or job work on behalf of the society. they also provide that the board of directors may frame regulations for conducting business of the society consistent with the act. the rules under the act and the bye-laws, subject to approval of the registrar. so .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori68
..... 2 of the act'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 herein provided.'the legal position after this declaration was observed by the supreme court thus:--'we have thus not ..... 18 and 23 in list ii which have been pressed into service in this regard may be noticed.list ientry 54. regulation of mines and mineral development 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.list iientry 18 ..... the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.entry 23. regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union.it is open to parliament to declare that it is expedient in the public .....
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