Mining Lease - Definition - Law Dictionary Home Dictionary Definition mining-lease

Definition :

Mining lease, means for the purposes of the (English) Law of Property Act, 1925, a lease for mining purposes, that is, the searching for, winning, working, getting, making merchantable, carrying away, or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes [s. 205 (1) (xiv.), ibid.].

'Mining lease', according to s. 3(d) of 1948 Act, means a lease granted for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of minerals or for the purposes connected therewith and includes an exploring or a prospecting license. 'Mining lease', according to Rule 3(i) of 1949 Rules means a lease to mine, quarry, bore, dig and search for, win, work and carry away any mineral specified therein. s. 3(c) of 1957 Act defines 'mining lease' to mean a lease granted for the purpose of undertaking mining operations and includes a sub-lease granted for mining operations, Gujarat Pottery Works v. B.P. Sood, AIR 1967 SC 964: (1967) 1 SCR 695.

(ii) Under clause (c) of s. 3 of the Mines and Minerals (Development and Regulation) Act, 1957 'mining lease' inter alia means 'a lease granted for the purpose of undertaking mining operations'. Under clause (d) of s. 3, the expression 'mining operations' means 'any operations undertaken for the purpose of winning any mineral'. Quarrying minerals is, in view of the way the word 'quarry' and 'to quarry' are defined in the dictionaries, a mining operation inasmuch as it consists of an operation undertaken for the purpose of winning particular classes of minerals. Clause (vi) of Rule 2 of the Gujarat Rules defines 'quarry lease' as meaning 'a kind of mining lease in respect of a minor mineral granted under these rules'. Quarry leases are, therefore, included in the term 'mining leases', D.K. Trivedi and Sons v. State of Gujarat, AIR 1986 SC 1323: (1986) Supp SCC 20.

It means a lease granted for the purpose of undertaking mining operations, and includes a sub-lese granted for such purpose. [Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), s. 3 (c)]