Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957: s.98 and l 3(qqa) Mines and Minerals (Development and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Mines and Minerals (Development and Regulation) Act, 1957:s.98 and l 3(qqa) - Establishment of District MineralFoundation (DMF) provided by Ordinance dated 12.1.2015 - Ondirection by Central Government the States established DMFs ondifferent dates - By Notification dated 17.09.2015, Ministry of Minespromulgated Contribution Rules which were deemed to have comeinto force on 12.1.2015 - By Notification dated 20.10.2015 Ministryof Coal promulgated Contribution Rules in respect of coal, ligniteand sand for stowing, which were deemed to have come into forceon the date of their publication - Both the Notifications providedpayment to DMF an amount at the rate of 10% of the royalty inrespect of mining leases granted on or after date of their enforcementand at the rate of 30% in respect of leases granted before the dateof their enforcement - Ministry of Coal by further Notification dated31.8.2015 provided that payment under Notification dated20.10.2015 shall be made to DMF ll~ef 12.1.2015 - Validity of theNotifications challenged - Held: Mere(v because DMFs have beenestablished or deemed to have been established from a date priorto issuance of relevant notifications, does not make their operationretrospective - The establishment of the D}v!Fs even if assumed tobe retrospective does not prejudicial affect anyone vested rights- Delegated legislation is ordinarily prospective and a right orliability created for the first time cannot be given retrospective effect- Provisions of the Act do not give power to the State Governmentor the Central Government to make rules with retrospective effect -It is not obligatory to declare any not(fixation ultra vires' the rulemaking power of the State, if its validity can be saved without doingviolence to the law - In the present case, it is not obligatory todeclare the notifications ultra vires the rule making power of the Slate Government to the extent of their establishing the DMF with Aretrospective effect - The court can save their validity by readingthem as operational from the date of their publication - Thecontributions to the DMF cannot be insisted upon w.e.f 12.1.2015- Co11trib11tions to the DMF. in the case of minerals other than coal,lignite and sand for stowing are required to be made w.e.f 17.9.2015- Contributions to the DMF in the case of coal, lignite and sand forstowing are required to be made w.e.f 20.10.2015 when the rateswere prescribed by the Central Government o!" w.e.f the date onwhich the DMF was established by the State Government by anotification, whichever is later - The notification dated 31.8.2016being retroactive substitution is ultra virus the rule making power of the Central Government under the MMDR Act and hence invalid -Mines and A1inerals (Contribution to District Mineral Foundation)Rules, 2015. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 1042 |
Petitioner | Federation Of Indian Mineral Industries & Ors. |
Respondent | Union Of India & Anr. |
SCR | [2017] 12 S.C.R. 724 |
Judgement Date | 2017-10-13 |
Case Number | 43 |
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