Mining Lease - Law Dictionary Search Results
Home Dictionary Name: mining leaseMining lease
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...
mining lease
mining lease : mineral lease at lease ...
lease
lease [Anglo-French les, from lesser to grant by lease, from Old French laisser to let go, from Latin laxare to loosen, from laxus slack] 1 a : a contract by which an owner of property conveys exclusive possession, control, use, or enjoyment of it for a specified rent and a specified term after which the property reverts to the owner ;also : the act of such conveyance or the term for which it is made see also sublease compare easement, license security interest at interest, tenancy NOTE: Article 2A of the Uniform Commercial Code, which governs leases where adopted, defines lease as “a transfer of the right to possession and use of goods for a term in return for consideration.” build·ing lease : ground lease in this entry consumer lease : a lease made by a lessor regularly engaged in the selling or leasing of a product to a lessee who is leasing the product primarily for his or her personal or household use finance lease : a lease in which the lessor acquires g...
Royalty
Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...
Cost-book mining companies
Cost-book mining companies. The statutory regulations relating to these Companies are contained in the Stannaries Acts, 1869 (32 & 33 Vict. c. 19) and 1887 (50 & 51 Vict. c. 43), and the Companies Act, 1929. The Latter Act (s. 357) has preserved the then existing provisions of the earlier Acts. Subject to the statutory provisions, it maybe said that these companies are formed thus:-A number of adventures, who have obtained permission from the landowner to work a lode, assemble; they decide on the number of shares into which their capitalis to be divided, and the number to be allotted to each; they appoint an agent, commonly called a purser, for the purpose of managing the affairs of the mine, and enter in a book, called the cost book, the minutes of their proceedings, which are signed by all present. A license to try for ores, for twelve months, or some short period, is then obtained; followed, if the search be promising, by a set, that is, a lease of the minerals, or a license to ding...
Regulating and purposes connected therewith
Regulating and purposes connected therewith, in view of the dictionary meaning of the word 'regulate' the power to regulate by rules given by ss. 13(1) and 15(1) is a power to control, govern and direct by rules the grant of prospecting licences and mining leases in respect of minerals other than minor minerals and for purposes connected therewith in the case of s. 13(1) and the grant of quarry leases, mining leases and other mineral concessions in respect of minor minerals and for purposes connected therewith in the case of s. 15(1) and to subject such grant to restrictions and to adapt them to the circumstances of the case and the surroundings with reference to which such power is exercised, D.K. Trivedi & Sons v. State of Gujarat, AIR 1986 SC 1323: (1986) Supp SCC 20: (1986) 1 SCR 479....
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Dead rent
Dead rent. A rent payable on a mining lease in addition to a royalty, so called because it is payable whether the mine is being worked or not....
Coal mine
Coal mine, The expression 'no person, other than the Central Government or a government company or a corporation owned, managed or control in India, in any form' is semantically sweeping and is wide in meaning so as to spare no class of coal, including even coking coal, because coking coal is a species of coal, coal itself being the genus. A definition of 'coal mine' in the Coal Mines (Nationalisation) Act, 1973. S. 2(b) of the Act defines coal mine to mean 'a mine in which there exists one or more seams of coal'. It is apparent that even a coking coal mine is a coal mine because the definition is broad, Mahindra Nath Shukla v. State of Bihar, (1980) 3 SCR 595: (1980) 3 SCC 353: AIR 1980 SC 1308 (1311). [Coal Mines (Nationalisa-tion Act (26 of 1973) s. 2 (b)]The (English) Coal Mines Act 1911, (1 & 2 Geo. 5, c. 50), repealing and reenacting, with alterations, a great part of the existing law, and itself amended by the (English) Coal Mines Act, 1914 (4 & 5Geo. 5, c. 22), contains a set o...
Mine
Mine [fr. mwyn or mwy, Wel., fr. maen, a stone], an excavation or cavern in the earth; an excavation made for the purpose of getting coal or other minerals.The inspection and regulation of mines other than coal mines is provided for by the Metalliferous Mines Regulation Acts, 1872 and 1875. As to the corresponding provisions in the case of coal mines, see COAL MINES.Coal mines only were rateable under 43 Eliz. c. 2, but the Rating Act, 1874 (37 & 38 Vict. c. 54), has made all mines rateable.Neither mines under railways [see (English) Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), ss. 77-85], nor under waterworks [see (English) Waterworks Clauses Act, 1847 (10 Vict. c. 17), ss. 18-27], pass to the respective companies, unless expressly purchased. See also (English) Mines (Working Facilities and Support) Acts, 1923, 1925, and 1934; the (English) Coal Mines Act, 1926 (c. 17), and the (English) Mining Industry Act (c. 28). By the (English) Coal Mines Regulation Act, 1908, as...
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