nothing in this sub-section shall
apply to any mining lease (whether called mining lease,
mining concession or by any other name) in force
immediately ... Mines Act, 1952 is of wide import. In the
village in question there may exist one mine for extracting one mineral at
one point
define:
“minerals”, “mining lease”, “mining operations”, “minor minerals”,
“prescribed”, “prospecting licence”, and “prospecting operations”[1],
respectively.
16. Section 4 mandates that prospecting or mining operations ... undertaking prospecting and mining operations, the procedure for obtaining
prospecting licences or mining leases in respect of lands in which the
minerals vest
minerals’, ‘prescribed’
‘prospecting licence’ and ‘prospecting operations’ in the 1957 Act as
under:
“3(a) “minerals” includes all minerals except mineral oils;
(c) “mining lease ... nothing in this sub-section shall
apply to any mining lease (whether called mining lease, mining
concession or by any other name) in force immediately
terms and conditions of mining lease, etc. constitutes
an offence punishable under Section 21 of the Mines and Minerals Act,
whereas dishonestly taking any movable ... nothing in this sub-section shall apply to any mining
lease (whether called mining lease, mining concession or by any other name)
in force immediately
Rajasthan State Mines & Minerals ... vs Eastern Engineering Enterprises & Anr on 20 September, 1999
Equivalent citations: AIR 1999 SUPREME COURT ... Bench: D.P.Wadhwa , M.B.Shah
PETITIONER:
RAJASTHAN STATE MINES & MINERALS LIMITED
Vs.
RESPONDENT:
EASTERN ENGINEERING ENTERPRISES & ANR.
DATE OF JUDGMENT
with respect to minerals
other than minor minerals since these minerals are of vital
importance to the country's industry and economy ... operations undertaken for the purpose
of winning any mineral". Quarrying minerals is, therefore, a
mining operation in as much as it consists
section 4 says that:
11 Any occupant, whose rights fr. mines, minerals or quarries in any land,
existing misnc Jiate'y before ... alienated' from Section 69, it seeks to bring the mines, minerals
or quarries situated in any land by Girasdar or Barkhalidar etc. within
holder of a mining lease, whether
granted before or after the commencement of
the Mines and Minerals (Regulation and Devel-
opment) Amendment Act, 1972 , shall ... mineral rights subject
to limitation imposed by Parliament relating to mineral
development. Entry 23 of List II deals with regulation of
mines and mineral development
small mines, (v) depth of mining to minimize
adverse impact on hydrological regime, (vi) requirement of
mine plan for minor minerals, similar to major minerals ... river bed mining.
(a)In the case of mining leases for
riverbed sand mining, specific
river stretches should be
identified and mining
permits/lease should
taxes on mineral rights"
referred to taxes on the right to extract minerals and not
taxes on the minerals actually extracted. He held that ... mineral and not when no minerals were
extracted, it was in effect a tax on the minerals won and,
therefore, on mineral rights. Rejecting this
