AIR 1965 SUPREME COURT 470 ::1963 MPLJ 784 ::1967 JabLJ 1007 ::1963 Mah LJ 726

Supreme Court Of India

(From Madhya Pradesh: AIR 1957 Madh. Pra. 135)19th November, 1962.

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta, J. C. Shah , JJJ

(A) Mining Rules (1913) , R.1— Rules had no statutory force - Government concerned might make exception to the general rule laid down in Rule 1. The Mining Rules were not statutory. Even if it is assumed that the rules had statutory force, the general rule is that the rules had to be followed by the officials of the Government in the matter of granting licences to prospect for minerals or leases of mines and minerals. But exception alight be made with the previous sanction of the rule-making authorities i.e. Secretary of State for India in Council or the Governor General in Council. The rules were promulgated by the Governor-General in Council, under the sanction of the Secretary of State for India in Council, and as such they were binding on the officials of the Government as departmental instructions, but were not binding on the Government itself. As a result of the constitutional changes effected by the Government of India Act, l935. The Secretary, of State and the Governor-General had to be substituted by the Governor with effect from, April 1, 1987. From that date it would be the Governor who would be empowered to make the exceptions to the general rule laid down.(Para 8) (B) Mines and Minerals (Regulation and Development) Act (53 of 1948) , S.4, S.5— Mineral Concession Rules (....