LOK SABHA

————

The following Bills were introduced in Lok Sabha on 10th December, 2014:—

BILL NO. 186 OF 2014

A Bill to authorise payment and appropriation of certain further sums from and out of the

Consolidated Fund of India for the services of the financial year 2014-15.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

1. This Act may be called the Appropriation (No. 4 ) Act, 2014.

2. From and out of the Consolidated Fund of India there may be paid and applied

sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate

to the sum of twelve thousand five hundred twenty-nine crore and forty eight lakh rupees

towards defraying the several charges which will come in course of payment during

the financial year 2014-15 in respect of the services specified in column 2 of the

Schedule.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund

of India by this Act shall be appropriated for the services and purposes expressed in the

Schedule in relation to the said year.

Short title.

Issue of Rs.

12529,48,00,000

out

the

Consolidated

Fund

India for the

financial year

2014-15.

Appropriation.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—14

REGISTERED NO. DL—(N)04/0007/2003—14

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

izkf/kdkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lañ 37 ]

ubZ fnYyh] cq/kokj] fnlEcj 10] 2014@vxzgk;.k 19] 1936 ¼'kd½

No. 37] NEW DELHI, WEDNESDAY, DECEMBER 10, 2014/AGRAHAYANA 19, 1936 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

THE SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Services and purposes

Voted

Charged

by Parliament

on the

Total

Consolidated

Fund

Rs.

Department of Agriculture and Cooperation .......... Revenue

1,00,000

. .

1,00,000

Department of Agricultural Research and

Education ...................................................................... Revenue

2,00,000

Department of Animal Husbandry, Dairying

and Fisheries ................................................................. Revenue

1,00,000

. .

1,00,000

Atomic Energy ............................................................. Capital

1,00,000

. .

1,00,000

Department of Fertilisers ........................................... Revenue

1,00,000

. .

1,00,000

Department of Pharmaceuticals ................................ Capital

9,67,00,000

. .

9,67,00,000

Ministry of Civil Aviation .......................................... Revenue

1,00,000

. .

1,00,000

Capital

5,00,00,000

. .

5,00,00,000

Department of Commerce ......................................... Capital

160,00,00,000

. .

160,00,00,000

Department of Industrial Policy and Promotion ... Revenue

89,01,00,000

25,00,000

89,26,00,000

Department of Posts ................................................... Revenue

3,43,00,000

3,43,00,000

Capital

1,00,000

2,26,00,000

2,27,00,000

Department of Telecommunications ........................ Revenue

254,65,00,000

254,65,00,000

Department of Electronics and Information

Technology........................................................... Revenue

1,00,000

. .

1,00,000

Department of Consumer Affairs .............................. Revenue

2,00,000

. .

2,00,000

Department of Food and Public Distribution .......... Revenue

1,00,000

. .

1,00,000

Capital

1,00,000

. .

1,00,000

Ministry of Culture ...................................................... Revenue

4,00,000

. .

4,00,000

Ministry of Defence .................................................... Revenue

3000,00,00,000

. .

3000,00,00,000

Ministry of Development of North Eastern Region.. Revenue

2,00,000

. .

2,00,000

Capital

2,50,00,000

. .

2,50,00,000

Ministry of Drinking Water and Sanitation............. Revenue

110,65,00,000

. .

110,65,00,000

Ministry of Environment and Forests...................... Revenue

84,01,00,000

. .

84,01,00,000

Ministry of External Affairs ...................................... Revenue

1,00,000

. .

1,00,000

Department of Economic Affairs ............................. Revenue

4,92,00,000

. .

4,92,00,000

Capital

6244,71,00,000

. .

6244,71,00,000

Department of Financial Services ............................. Revenue

1,00,000

. .

1,00,000

Capital

145,01,00,000

. .

145,01,00,000

Ministry of Food Processing Industries .................... Revenue

1,00,000

. .

1,00,000

Department of Health and Family Welfare ............. Revenue

7,00,000

. .

7,00,000

Capital

2,00,000

. .

2,00,000

Department of Health Research ................................ Revenue

3,00,000

. .

3,00,000

Department of Heavy Industry ................................. Revenue

409,70,00,000

. .

409,70,00,000

Capital

90,02,00,000

25,08,00,000

115,10,00,000

Cabinet .......................................................................... Revenue

1,00,000

. .

1,00,000

Police ............................................................................. Revenue

2,00,000

. .

2,00,000

Capital

2,00,000

. .

2,00,000

Ministry of Housing and Urban Poverty

Alleviation .................................................................... Revenue

3,00,000

. .

3,00,000

Department of School Education and Literacy ..... Revenue

2,00,000

. .

2,00,000

Department of Higher Education ............................. Revenue

3,00,000

. .

3,00,000

Ministry of Labour and Employment ...................... Revenue

3,00,000

. .

3,00,000

Ministry of Micro, Small and Medium

Enterprises .................................................................... Revenue

1,00,000

. .

1,00,000

Ministry of Minority Affairs ..................................... Revenue

4,00,000

. .

4,00,000

Ministry of New and Renewable Energy .................. Revenue

323,00,00,000

. .

323,00,00,000

Capital

200,00,00,000

. .

200,00,00,000

No.

Vote

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Ministry of Overseas Indian Affairs ......................... Capital

5,00,00,000

......

5,00,00,000

Ministry of Personnel, Public Grievances and

Pensions ........................................................................ Revenue

1,00,000

......

1,00,000

Ministry of Petroleum and Natural Gas ................... Revenue

1,00,000

. .

1,00,000

Ministry of Planning ................................................... Capital

7,99,00,000

. .

7,99,00,000

Ministry of Power ....................................................... Revenue

398,01,00,000

. .

398,01,00,000

Ministry of Road Transport and Highways ............. Revenue

500,01,00,000

. .

500,01,00,000

Department of Biotechnology .................................. Revenue

1,00,000

. .

1,00,000

Ministry of Shipping ................................................... Revenue

1,00,000

. .

1,00,000

Capital

1,00,000

. .

1,00,000

Department of Social Justice and Empowerment ... Capital

200,00,00,000

. .

200,00,00,000

Department of Space .................................................. Revenue

2,00,000

. .

2,00,000

Ministry of Textiles .................................................... Revenue

3,00,000

20,51,00,000

20,54,00,000

Andaman and Nicobar Islands .................................... Revenue

85,96,00,000

. .

85,96,00,000

Capital

1,00,000

. .

1,00,000

102

Lakshadweep ................................................................. Revenue

5,00,000

. .

5,00,000

103

Department of Urban Development......................... Revenue

3,00,000

2,37,00,000

2,40,00,000

Capital

2,00,000

41,50,00,000

41,52,00,000

104

Public Works ................................................................. Revenue

90,00,00,000

. .

90,00,00,000

Capital

1,00,000

. .

1,00,000

105

Stationery and Printing ............................................... Revenue

13,00,000

13,00,000

106

Ministry of Water Resources ..................................... Revenue

3,00,000

13,26,00,000

13,29,00,000

107

Ministry of Women and Child Development .......... Revenue

3,00,000

. .

3,00,000

108

Ministry of Youth Affairs and Sports ....................... Revenue

4,00,000

. .

4,00,000

TOTAL

12166,04,00,000

363,44,00,000

12529,48,00,000

No.

Vote

Services and purposes

Voted

Charged

by Parliament

on the

Total

Consolidated

Fund

Rs.

Sums not exceeding

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

extent to which such regulation and development under the control of Union is declared by

Parliament by law to be expedient in the public interest.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Coal Mines (Special Provisions) Act, 2014.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 21st day of October, 2014.

2. It is hereby declared that it is expedient in the public interest that Union should take

action for the development of Schedule I coal mines and extraction of coal on continuous

basis for optimum utilisation.

3. (1) In this Act, unless the context otherwise requires,—

(a) “additional levy” means, the additional levy as determined by the Supreme

Court in Writ Petition (Criminal) No. 120 of 2012 as two hundred and ninety-five rupees

per metric tonne of coal extracted;

(b) “allotment order” means the allotment order issued under section 5;

(c) “appointed date” in relation to—

(i) Schedule I coal mines excluding Schedule II coal mines, shall be the

24th day of September, 2014 being the date on which the allocation of coal

blocks to prior allottees stood cancelled; and

(ii) Schedule II coal mines shall be the 1st day of April, 2015 being the date

on which the allocation of coal blocks to prior allottees shall stand cancelled,

in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed

in Writ Petition (Criminal) No. 120 of 2012;

(d) “bank” shall have the same meaning as assigned to it in clause (c) of the

Securitisation and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002;

(e) “coal mining operations” means any operation undertaken for the purpose

of winning coal;

(f) “company” shall have the same meaning as assigned to it in clause (20) of

section 2 of the Companies Act, 2013;

(g) “corporation” shall have the same meaning as assigned to it in clause (11) of

section 2 of the Companies Act, 2013;

(h) “financial institution” shall have the same meaning as assigned to it in

clause (m) of section 2 of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002;

(i) “Government company” shall have the same meaning as assigned to it in

clause (45) of section 2 of the Companies Act, 2013;

(j) “mine infrastructure” includes mining infrastructure such as tangible assets

used for coal mining operations, being civil works, workshops, immovable coal winning

equipment, foundations, embankments, pavements, electrical systems, communication

systems, relief centres, site administrative offices, fixed installations, coal handling

arrangements, crushing and conveying systems, railway sidings, pits, shafts, inclines,

underground transport systems, hauling systems, (except movable equipment unless

Short title,

extent and

commence-

ment.

Declaration

as to

expediency

of Union

action.

Definitions.

54 of 2002.

18 of 2013.

54 of 2002

18 of 2013.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

the same is embedded in land for permanent beneficial enjoyment thereof), land

demarcated for afforestation and land for rehabilitation and re-settlement of persons

affected by coal mining operations under the relevant law;

(k) “nominated authority” means the authority nominated by the Central

Government under section 6;

(l) “notification” means a notification published in the Official Gazette;

(m) “prescribed” means prescribed by rules made under this Act;

(n) “prior allottee” means prior allottee of Schedule I coal mines as listed therein

who had been allotted coal mines between 1993 and 31st day of March, 2011, whose

allotments have been cancelled pursuant to the judgment of the Supreme Court dated

the 25th August, 2014 and its order dated 24th September, 2014 including those

allotments which may have been de-allocated prior to and during the pendency of the

Writ Petition (Criminal) No.120 of 2012.

Explanation.—In case a mining lease has been executed in favour of a third

party, subsequent to such allocation of Schedule I coal mines, then, the third party

shall be deemed to be the prior allottee;

(o) “Schedule” means a Schedule appended to this Act;

(p) “Schedule I coal mines” means,—

(i) all the coal mines and coal blocks the allocation of which was cancelled

by the judgment dated 25th August, 2014 and its order dated 24th September,

2014 passed in Writ Petition (Criminal) No.120 of 2012, including those allotments

which may have been de-allocated prior to and during the pendency of the said

Writ Petition;

(ii) all the coal bearing land acquired by the prior allottee and lands, in or

adjacent to the coal mines used for coal mining operations acquired by the prior

allottee;

(iii) any existing mine infrastructure as defined in clause (j);

(q) “Schedule II coal mines” means the forty-two Schedule I coal mines listed in

Schedule II which are the coal mines in relation to which the order of the Supreme

Court dated 24th day of September, 2014 was made;

(r) “Schedule III coal mines” means the thirty-two Schedule I coal mines listed in

Schedule III or any other Schedule I coal mine as may be notified under sub-section (2)

of section 7;

(s) “secured creditor” shall have the same meaning as assigned to it in clause (zd)

of section 2 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002;

(t) “secured debt” shall have the same meaning as assigned to it in clause (ze) of

section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement

of Security Interest Act, 2002;

(u) “security interest” shall have the same meaning as assigned to it in clause (zf)

of section 2 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002;

(v) “specified end-use” means any of the following end-uses and the expression

“specified end user” shall with its grammatical variations be construed accordingly,—

(i) production of iron and steel;

(ii) generation of power including the generation of power for captive

use;

(iii) washing of coal obtained from a mine;

(iv) cement;

54 of 2002.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(v) such other end-use as the Central Government may, by notification,

specify;

(w) “vesting order” means the vesting order issued under section 8.

(2) Words and expressions used herein and not defined, but defined in the Coal

Bearing Areas (Acquisition and Development) Act, 1957, the Mines and Minerals

(Development and Regulation) Act, 1957 and the Coal Mines (Nationalisation) Act, 1973

including any rules or regulations made thereunder, shall have the meanings, respectively

assigned to them in those Acts.

CHAPTER II

AUCTION AND ALLOTMENT

4. (1) Subject to the provisions of section 5, Schedule I coal mines shall be allocated by

way of public auction in accordance with such rules, and on the payment of such fees which

shall not exceed five crore rupees, as may be prescribed.

(2) Subject to the provisions in sub-section (3) of this section and section 5, the

Central Government may, for the purpose of granting reconnaissance permit, prospecting

licence or mining lease in respect of any area containing coal, select any of the following

companies through auction by competitive bidding, on such terms and conditions as may be

prescribed––

(a) a Government company or corporation or a joint venture company formed by

such company or corporation or between the Central Government or the State

Government, as the case may be, or any other company incorporated in India; or

(b) a company or a joint venture company formed by two or more companies,

may carry on coal mining operations in India, in any form either for own consumption,

sale or for any other purpose in accordance with the permit, prospecting licence or

mining lease, as the case may be, and the State Government shall grant such

reconnaissance permit, prospecting licence or mining lease in respect of any area

containing coal to such company as selected through auction by competitive bidding

under this section.

(3) Subject to the provisions of section 5, the following persons who fulfil such norms

as may be prescribed, shall be eligible to bid in an auction of Schedule II coal mines and

Schedule III coal mines and to engage in coal mining operations in the event they are

successful bidders, namely:––

(a) a company engaged in specified end-use including a company having a coal

linkage which has made such investment as may be prescribed;

Explanation.––A “company with a coal linkage” includes any such company

whose application is pending with the Central Government on the date of commencement

of this Act;

(b) a joint venture company formed by two or more companies having a common

specified end-use and are independently eligible to bid in accordance with this Act;

such company or corporation or with any other company having common specified

end-use:

Provided that nothing contained in sub-section (2) shall apply to this sub-section.

(4) A prior allottee shall be eligible to participate in the auction process subject to

payment of the additional levy within such period as may be prescribed and if the prior

allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of

such prior allottee shall not be eligible to bid either by itself or by way of a joint venture.

20 of 1957.

67 of 1957.

26 of 1973.

Eligibility to

participate in

auction and

payment of

fees.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(5) Any prior allottee who is convicted for an offence relating to coal block allocation

and sentenced with imprisonment for more than three years, shall not be eligible to participate

in the auction.

5. (1) Notwithstanding the provisions contained in sub-sections (1) and (3) of

section 4, the Central Government may allot a Schedule I coal mine to a Government company

or corporation or to a joint venture between two or more Government companies or

corporations or to a company which has been awarded a power project on the basis of

competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I

coal mines by making an allotment order in accordance with such rules as may be prescribed

and the State Government shall grant a reconnaissance permit, prospecting licence or mining

lease in respect of any area containing coal to such company or corporation:

Provided that the Government company or corporation may carry on Coal Mining in

any form either for its own consumption sale or for any other prupose in accordance with the

permit, prospecting licence or mining lease, as the case may be:

Provided further that no company other than a Government company or corporation

shall hold more than twenty-six per cent. of the paid up share capital in the Government

company or corporation or in the joint venture between a Government company or corporation,

either directly or through any of its subsidiary company or associate company:

Provided also that a joint venture of any two or more Government companies or

corporations shall be prohibited from alienating or transferring any interest, except the taking

of loans or advances from a bank or financial institution, in the joint venture of whatsoever

nature including ownership in favour of a third party.

(2) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee

has not made the payment of the additional levy within the specified period.

6. (1) The Central Government shall appoint an officer not below the rank of a Joint

Secretary to the Government of India as the nominated authority who shall act for and on

behalf of the Central Government for the purposes of this Act and shall exercise such powers

as may be prescribed.

(2) The nominated authority may engage any expert having such qualifications and

experience and on such terms and conditions as may be prescribed to make recommendations

to the authority for the conduct of auction and in drawing up of the vesting order or allotment

order in relation to Schedule I coal mines.

(3) The Central Government shall act through the nominated authority for the following

purposes, namely:—

(a) conduct the auction process and allotment with the assistance of experts;

(b) execution of the vesting order for transfer and vesting of Schedule I coal

mines pursuant to the auction;

(c) executing the allotment order for any Government company or corporation in

pursuance of section 5;

(d) recording and mutating incorporeal rights of whatsoever nature including,

consents, permissions, permits, approvals, grants, registrations;

(e) collection of auction proceeds, adjustment of preferential payments and

transfer of amount to the respective State Governments where Schedule I coal mine is

located in accordance with the provisions of this Act.

(4) The nominated authority shall complete the auction or execute the allotment orders

of Schedule I coal mines within such time and in accordance with such rules as may be

prescribed.

(5) The Central Government may appoint such other officers and staff as it may think

fit to assist the nominated authority.

Allotment of

mines to

Government

companies or

corporations.

Central

Government

to act

through

nominated

authority.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(6) The salaries and allowances and other terms and conditions of service of the

nominated authority and such other officers and staff appointed under this section shall be

such as may be prescribed.

(7) The nominated authority shall be bound by the written direction given by the

Central Government on the question of policy.

7. (1) The Central Government may, before notifying the particulars of auction, classify

mines identified from Schedule I coal mines as earmarked for the same class of specified

end-uses.

(2) The Central Government may in public interest, by notification, modify Schedule III

coal mines by adding any other Schedule I coal mine for the purposes of specified end-use.

8. (1) The nominated authority shall notify the prior allottees of Schedule I coal mines

to enable them to furnish information required for notifying the particulars of Schedule I coal

mines to be auctioned in accordance with such rules as may be prescribed.

(2) The information required to be furnished under sub-section (1) shall be furnished

within a period of fifteen days from the date of such notice.

(3) A successful bidder in an auction conducted on a competitive basis in accordance

with such rules as may be prescribed, shall be entitled to the vesting of Schedule I coal mine

for which it bid, pursuant to a vesting order drawn up in accordance with such rules.

(4) The vesting order shall transfer and vest upon the successful bidder, the following,

namely:—

(a) all the rights, title and interest of the prior allottee, in Schedule I coal mine

concerned with the relevant auction;

(b) entitlement to a mining lease to be granted by the State Government;

(c) any statutory licence, permit, permission, approval or consent required to

undertake coal mining operations in Schedule I coal mines if already issued to the prior

allottee;

(d) rights appurtenant to the approved mining plan of the prior allottee;

(e) any right, entitlement or interest not specifically covered under clauses (a)

to (d).

(5) The nominated authority shall, in consultation with the Central Government,

determine the floor price or reserve price in accordance with such rules as may be prescribed.

(6) The successful bidder shall, prior to the issuance and execution of a vesting order,

furnish a performance bank guarantee for an amount as notified in relation to Schedule I coal

mine auctioned to such bidder within such time, form and manner as may be prescribed.

(7) After the issuance of a vesting order under this section and its filing with the

Central Government and with the appropriate authority designated by the respective State

Governments, the successful bidder shall be entitled to take possession of the Schedule I

coal mine without let or hindrance.

(8) Upon the execution of the vesting order, the successful bidder of the Schedule I

coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the

concerned State Government in accordance with the Mines and Minerals (Development and

Regulation) Act, 1957.

(9) A Government company or corporation or a joint venture company formed by such

company or corporation or between the Central Government or the State Government, as the

case may be, or any other company incorporated in India, allotted a Schedule I coal mine

shall be granted a prospecting licence or a mining lease, as applicable, by the concerned

State Government in accordance with the Mines and Minerals (Development and Regulation)

Act, 1957.

Power to

classify

certain

Schedule I

coal mines by

Central

Government.

Nominated

authority to

issue vesting

order or

allotment

order.

67 of 1957.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(10) In relation to Schedule II coal mines, the successful bidder which was a prior

allottee, shall continue coal mining operations after the appointed date in terms of the approved

mining plan, till the mining lease in terms of sub-section (8) is granted, upon the grant of a

vesting order and to that extent, the successful bidder shall be deemed to have been granted

a mining lease till the execution of the mining lease in terms of the said sub-section.

(11) In relation to Schedule II coal mines, the Government company or corporation

which was a prior allottee can continue coal mining operations after the appointed date in

terms of the approved mining plan, till the mining lease in terms of sub-section (9) is granted,

upon execution of the allotment order and to that extent, the allottee shall be deemed to have

been granted a mining lease till the execution of the mining lease in terms of the said

sub-section.

(12) The provisions of sub-sections (1) and (2) and sub-sections (4) to (7) (both

inclusive) of this section as applicable to a vesting order, shall mutatis mutandis be also

applicable to an allotment order.

9. The proceeds arising out of land and mine infrastructure in relation to a Schedule I

coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance

with the relevent laws and such rules as may be prescribed—

(a) payment to secured creditors for any portion of the secured debt in relation

to a Schedule I coal mine which is unpaid as or the date of the vesting orders;

(b) compensation payable to the prior allottee in respect of the Schedule I coal

mine.

CHAPTER III

TREATMENT OF RIGHTS AND OBLIGATIONS OF PRIOR ALLOTTEES

10. (1) A successful bidder or allottee in respect of Schedule I coal mines, may negotiate

with prior allottee to own or utilise such movable property used in coal mining operations on

such terms and conditions as may be mutually agreed to by them.

(2) Where a successful bidder or allottee is not vested with any movable property of a

Schedule I coal mine, then, he is not bound by any liabilities or obligations arising out of

such ownership or contractual rights, obligations or liabilities which shall continue to remain

with the prior allottee.

(3) In the event that the successful bidder or allottee is unable to satisfactorily negotiate

with the prior allottee or any third party who has a contract with the prior allottee for the

movable property, it shall be the obligation of the prior allottee or the third party to remove

such movable property within a period not exceeding thirty days from the date of the vesting

order, or the allotment order, as the case may be, and the successful bidder or allottee shall

not be liable for any damage to such property.

(4) A successful bidder or allottee which has elected not to purchase or transfer or

continue to use the movable property referred to in sub-section (1), shall prior to the execution

of the vesting order or the allotment order, as the case may be, declare to the nominated

authority that he intends to move and store such movable property of the prior allottee or

such third party and after the date of the vesting order or the allotment order, as the case may

be, the successful bidder or allottee shall be entitled to move and store such movable

property, so as not to cause any impediment for coal mining operations.

(5) If a prior allottee or such third party which has contracted with the prior allottee for

its movable property, fails to remove the movable property which the successful bidder or

allottee has elected not to purchase or use in accordance with sub-section (4), then, after the

period of seventy-five days from the vesting order or the allotment order, as the case may be,

a successful bidder or allottee shall be entitled to dispose of such movable property which

may be physically located within Schedule I coal mine, the successful bidder or the allottee,

Priority of

disbursal of

proceeds.

Utilisation of

movable

property used

in coal

mining

operations.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

shall, in such event be entitled to appropriate the sale proceeds of such movable property

disposed of to pay for any cost incurred by the successful bidder or allottee, for the removal,

storage, sale and disposal of such movable property, as a first charge over the sale proceeds

of such movable property:

Provided that the remaining sale proceeds after appropriation of costs, shall be paid by

the successful bidder or allottee to the Central Government towards any compensation that

may be payable to the owner of such movable property sold, upon establishment of title to

such movable property in accordance with such rules as may be prescribed:

Provided further that if a third party contractor to the prior allottee owns such movable

property, then, such third party shall be entitled to prove its right to receive compensation

from the sale proceeds of the movable property sold as per this sub-section, in accordance

with such rules as may be prescribed.

11. (1) Notwithstanding anything contained in any other law for the time being in

force, a successful bidder or allottee, as the case may be, in respect of Schedule I coal mines,

may elect, to adopt and continue such contracts which may be existing with any of the prior

allottees in relation to coal mining operations and the same shall constitute a novation for the

residual term or residual performance of such contract:

Provided that in such an event, the successful bidder or allottee or the prior allottee

shall notify the nominated authority to include the vesting of any contracts adopted by the

successful bidder.

(2) In the event that a successful bidder or allottee elects not to adopt or continue with

existing contracts which had been entered into by the prior allottees with third parties, in that

case all such contracts which have not been adopted or continued shall cease to be

enforceable against the successful bidder or allottee in relation to the Schedule I coal mine

and the remedy of such contracting parties shall be against the prior allottees.

12. (1) The secured creditors of the prior allottees which had any security interest in

any part of the land or mine infrastructure of a Schedule I coal mine shall be entitled to––

(a) continue with such facility agreements and security interest with the prior

allottee if such prior allottee is a successful bidder or allottee; and

(b) in the event that the prior allottee is not a successful bidder or allottee, then

the security interest of such secured creditor shall only be satisfied out of the

compensation payable to such prior allottee, to the extent determined in accordance

with such rules as may be prescribed and the outstanding debt shall be recoverable

from the prior allottee.

(2) The Central Government shall, taking into consideration the provisions contained

in section 9, prescribe the manner in which the secured creditor shall be paid out of the

compensation in respect of any prior allottee.

13. Any and all alienations of land and mine infrastructure and creation of any

encumbrances of whatsoever nature thereon which relate to Schedule I coal mines, made by

any prior allottee after the 25th day of August, 2014 shall be void, save and except any

registered security interest and charge over the land and mine infrastructure as registered by

a bank or a financial institution or any other secured lender.

14. (1) Notwithstanding anything contained in any other law for the time being in

force, no proceedings, orders of attachment, distress, receivership, execution or the like,

suits for the recovery of money, enforcement of a security or guarantee (except as otherwise

provided for under this Act), prior to the date of commencement of this Act shall lie, or be

proceeded further with and no remedies shall be available against the successful bidder, or

allottee, as the case may be, or against the land and mine infrastructure in respect of

Schedule I coal mines.

Discharge or

adoption of

third party

contracts

with prior

allottees.

Provisions in

relation to

secured

creditors.

Void

alienations

and permitted

security

interests.

Liabilities of

prior

allottees.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The proceedings as referred to in sub-section (1), shall continue as a personal

remedy against the prior allottee but shall not be maintainable or continued against the land

or mine infrastructure of Schedule I coal mines or the successful bidder or allottee, pursuant

to this Act.

(3) Every liability of any prior allottee in relation to a Schedule I coal mine in respect of

any period prior to the vesting order or allotment order, shall be the liability of such prior

allottee and shall be enforceable against it and not against the successful bidder or allottee

or the Central Government.

(4) All unsecured loans shall continue to remain the liability of the prior allottee.

(5) The additional levy imposed against the prior allottees of Schedule II coal mines

shall continue to remain the liability of such prior allottees and such additional levy shall be

collected by the Central Government in such manner as may be prescribed.

(6) For the removal of doubts, it is hereby declared that—

(a) no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension,

gratuity or any other dues in relation to a Schedule I coal mine in respect of any period

prior to the date of vesting order or allotment order, as the case may be, shall be

enforceable against the Central Government or the successful bidder or the allottee, as

the case may be;

(b) no award, decree, attachment or order of any court, tribunal or other authority

in relation to any Schedule I coal mine passed prior to the date of commencement of

this Act, in relation to the land and mine infrastructure of Schedule I coal mines, shall

be enforceable against the Central Government or the successful bidder or the allottee,

as the case may be;

(c) no liability for the contravention of any provision of law for the time being in

force, relating to any act or omission prior to the date of vesting order or allotment

order, as the case may be, shall be enforceable against the successful bidder or allottee

or the Central Government.

15. (1) For the purposes of disbursing the amounts payable to the prior allottees of

Schedule I coal mines, the Central Government shall appoint an officer not below the rank of

Joint Secretary to the Government of India, to be the Commissioner of Payments.

(2) The Central Government may appoint such other officers and staff as it may think

fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of

such officers also to exercise all or any of the powers exercisable by him under this Act.

(3) Any officer authorised by the Commissioner to exercise any powers may exercise

those powers in the same manner and with the same effect as if they have been conferred on

him directly by this Act and not by way of authorisation.

(4) The salaries and allowances and other terms and conditions of service of the

Commissioner and other officers and staff appointed under this section shall be such as may

be prescribed.

(5) The Central Government shall, within a period of thirty days from such date as may

be notified, pay to the Commissioner for payment to the prior allottee, an amount equal to the

compensation determined by the nominated authority.

(6) Separate records shall be maintained by the Commissioner in respect of each

Schedule I coal mine in relation to which payments have been made to him under this Act.

16. (1) The quantum of compensation for the land in relation to Schedule I coal mines

shall be as per the registered sale deeds lodged with the nominated authority in accordance

with such rules as may be prescribed, together with twelve per cent. simple interest from the

date of such purchase or acquisition, till the date of the execution of the vesting order or the

allotment order, as the case may be.

Commissioner

of Payments

to be

appointed and

his powers.

Valuation of

compensa-

tion for

payment to

prior allottee.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The quantum of compensation for the mine infrastructure in relation to Schedule I

coal mines shall be determined as per the written down value reflected in the statutorily

audited balance sheet of the previous financial year in accordance with such rules and in

such manner as may be prescribed.

(3) If the successful bidder or allottee is a prior allottee of any of the Schedule I coal

mines, then, the compensation payable to such successful bidder or allottee shall be set off

or adjusted against the auction sum or the allotment sum payable by such successful bidder

or allottee, as the case may be, for any of the Schedule I coal mines.

(4) The prior allottee shall not be entitled to compensation till the additional levy has

been paid.

CHAPTER IV

POWERS OF THE CENTRAL GOVERNMENT AFTER THE APPOINTED DATE

17. (1) On and from the appointed date, the Central Government or a company owned

by the Central Government shall be deemed to have become the lessee or licensee of the

State Government in relation to each of the Schedule II coal mines, in respect of which a

mining lease or prospecting licence has been granted prior to the date of commencement of

this Act, as if a mining lease or prospecting licence in relation to such coal mine had been

granted to the Central Government or a company owned by the Central Government and the

period of such lease or licence shall be the maximum period for which such lease or licence

could have been granted by the State Government under the Mineral Concession Rules, 1960,

and thereupon all the rights under such mining lease, including surface, underground and

other rights shall be deemed to have been transferred to, and vested in, the Central Government

or a company owned by the Central Government.

(2) On the expiry of the term of any lease or licence, referred to in sub-section (1), such

lease or licence shall be renewed, by the State Government, in consultation with the Central

Government for the maximum period for which such lease or licence can be renewed under

the Mineral Concession Rules, 1960.

(3) As it is considered expedient and necessary in the public interest and in view of the

difficult situation which has arisen, the powers of the State Government, under the Mines

and Minerals (Development and Regulation) Act, 1957, to prematurely terminate a prospecting

licence or mining lease, shall stand suspended, in relation to Schedule I coal mines, for a

period of one year from the date of commencement of this Act or such other period as may be

notified by the Central Government.

18. (1) On and from the appointed date, if the auction or allotment of Schedule I coal

mines is not complete, the Central Government shall appoint any person as a designated

custodian to manage and operate such coal mines as may be notified by the Central

Government.

(2) The designated custodian shall act for and on behalf of the Central Government in

respect of the notified coal mines under sub-section (1) to operate and manage such

Schedule I coal mines in such manner as may be notified, till the completion of the auction of

such coal mines or allotment under section 4 and section 5 read with section 8, as the case

may be.

19. (1) The designated custodian appointed under sub-section (1) of section 18, shall

be entitled to take control and possession of all lands, in or adjacent to Schedule II coal

mines, and used for coal mining operations and the mine infrastructure in relation to

Schedule II coal mine, on behalf of the Central Government.

(2) The designated custodian may direct the prior allottees or any other persons

in charge of the management of the Schedule II coal mine and coal mining operations

immediately before the appointed date to provide the requisite manpower, as may be necessary,

to ensure continuity in coal mining operations and production of coal.

Responsibility

of Central

Government

after the

appointed

date.

67 of 1957.

Central

Government

to appoint

designated

custodian.

Powers and

functions of

the designated

custodian in

respect of

Schedule II

coal mines.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The designated custodian shall receive, to the exclusion of all other persons, any

monies due to Schedule II coal mines, notwithstanding cases where such receipt pertains to

a transaction made at any time before the appointed date.

(4) The designated custodian may call for any information, records and documents in

relation to Schedule II coal mines and coal mining operations from any or all such persons

who were in charge of the management and operation of such Schedule II coal mines prior to

the appointed date, and such persons shall be bound to deliver to the designated custodian

all such documents in their custody relating to Schedule II coal mines.

(5) The designated custodian may appoint such consultants or experts, as may be

necessary, in relation to the management and operation of Schedule II coal mines.

(6) The designated custodian shall transfer the management and operation of any

Schedule II coal mines to such person in such manner as may be prescribed.

(7) The designated custodian shall have rights, liabilities and obligations as a prior

allottee or a successful bidder in respect of coal mines entrusted to it under section 18, to be

exercised and discharged in such manner as may be prescribed.

(8) The designated custodian shall have the power to perform such other functions

which may be consequential or incidental to the functions specified under this section.

(9) Notwithstanding anything contained in any other law for the time being in force,

the designated custodian shall, in exercise of its powers or the performance of its functions

under this Act, be bound by such directions on questions of policy, as the Central Government

may give in writing to it from time to time.

CHAPTER V

CERTAIN ARRANGEMENTS

20. (1) A successful bidder or allottee or coal linkage holder shall, with prior approval

of the Central Government and in accordance with such rules as may be prescribed, be

entitled to enter into certain agreements or arrangements with other successful bidder or

allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the

same end-uses in the public interest and to achieve cost efficiencies.

(2) A successful bidder or allottee may also use the coal mine from a particular

Schedule I coal mine for any of its plants engaged in common specified end-uses, in accordance

with such rules as may be prescribed.

CHAPTER VI

MISCELLANEOUS

21. (1) All existing land acquisition proceedings under the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in relation

to Schedule I coal mines, shall continue in respect of such areas of land in accordance with

the provisions of the said Act.

(2) All such areas of land which are not subject matter of land acquisition proceedings,

in relation to the coal mines, under the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 may be proceeded with by the Central

Government in terms of the Coal Bearing Areas (Acquisition and Development) Act, 1957.

(3) The State Governments which have initiated land acquisition proceedings under

provisions of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 and all such lands which are also subject matter of

the said Act in respect of Schedule I coal mines, shall—

(a) not transfer any land to the prior allottees which have been acquired under

the said Act;

(b) continue the land acquisition proceedings till the appointed date;

(c) for such Schedule I coal mines which have not vested in the successful

bidder or the allottee, as the case may be, by the appointed date, continue the land

acquisition proceedings for and on behalf of the Central Government;

Power of

Central

Government

to approve

certain

arrangements.

Acquisition

of land.

30 of 2013.

20 of 1957.

30 of 2013.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) upon the vesting or the allotment, as the case may be, after the appointed

date, continue such land acquisition proceedings on behalf of the successful bidder or

the allottee.

22. If a prior allottee of Schedule II coal mine fails to deposit the additional levy with

the Central Government within the specified time, then, such additional levy shall be realised

as the arrears of land revenue.

23. If any person—

(a) obstructs or causes any impediment in taking possession or in the

management and operation of the Schedule I coal mines by the Central Government or

the designated custodian; or

(b) fails to deliver to the designated custodian any books of account, registers

or any other document in his custody relating to Schedule I coal mines and coal mining

operations in respect of the management of which the designated custodian has been

appointed; or

(c) destroys or misuses any mine infrastructure or coal stock; or

(d) retains any property of such coal mine or removes or destroys it,

he and any officer-in-default of the company shall be punishable with imprisonment for a

term which may extend to two years, or with the minimum fine of one lakh rupees per day and

in the case of continuing failure, with a maximum fine of two lakh rupees for every day during

which the failure continues or with both, depending upon the nature of the offence.

24. If any person fails to comply, without reasonable cause, with a direction given by

the Central Government or nominated authority or the designated custodian, he shall be

punishable with a fine of one lakh rupees and in the case of continuing failure with a maximum

fine of two lakh rupees for every day during which the failure continues, depending upon the

nature of the offence.

25. (1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed was in charge of, and was responsible to,

the company for the conduct of business of the company as well as the company shall be

deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment, if he proves that the offence was committed without his knowledge

and that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to, any neglect on the part of

any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

26. No court shall take cognizance of any offence punishable under this Act or any

rules made thereunder except upon complaint in writing made by a person authorised in this

behalf by the Central Government or nominated authority or the designated custodian.

27. (1) Any dispute arising out of any action of the Central Government, nominated

authority or Commissioner of Payment or designated custodian, or any dispute between the

successful bidder or allottee and prior allottee arising out of any issue connected with the

Act shall be adjudicated by the Tribunal constituted under the Coal Bearing Areas

(Acquisition and Development) Act, 1957

(2) Where the Central Government is of the opinion that any dispute arising out of any

issue connected with the Act exists or is apprehended and the dispute should be adjudicated

Realisation

of additional

levy.

Penalties

for certain

offences.

Penalty for

failure to

comply with

directions of

Central

Government.

Offences by

companies.

Cognizance

of offences.

Dispute

settlement

and Bar of

Jurisdiction

of civil

courts.

20 of 1957.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

by the Tribunal referred to in sub-section (1), then, the Central Government may by order in

writing, refer the dispute or any matter appearing to be connected with, or relevant to, the

dispute, to the Tribunal for adjudication.

(3) The Tribunal referred to in sub-section (1) shall, after hearing the parties to the

dispute, make an award in writing within a period of ninety days from the institution or

reference of the dispute.

(4) On and from the commencement of the Act, no court or other authority, except the

Supreme Court and a High Court, shall have, or be entitled to exercise, any jurisdiction,

powers or authority, in relation to matters connected with the Act.

28. No suit, prosecution or other legal proceeding shall lie against the Central

Government, nominated authority, commissioner of payment, or designated custodian or

any person acting on their behalf, in respect of anything which is done or intended to be

done in good faith under this Act.

29. The provisions of this Act shall have effect, notwithstanding anything inconsistent

therewith contained in any other law for the time being in force, or in any instrument having

effect by virtue of any such law.

30. On and from the date of commencement of this Act, the Coal Mines (Nationalisation)

Act, 1973 and the Mines and Minerals (Development and Regulation) Act, 1957 shall stand

amended in the manner provided in Schedule IV.

31. (1) The Central Government may, by notification in the Official Gazette, and subject

to the condition of previous publication, make rules for carrying out the provisions of this

Act.

(2) In particular, and without prejudice the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:––

(a) the manner of allocation of Schedule I coal mines by way of public auction

and details of fees under sub-section (1) of section 4;

(b) the terms and conditions for granting reconnaissance permit, prospecting

licence or mining lease and the manner and conditions of competitive bidding under

sub-section (2) of section 4;

in respect of a company having a coal linkage under sub-section (3) of section 4;

(d) the period within which the payment of additional levy by the prior allottee

under sub-section (4) of section 4;

(e) the allotment order to make allocations to a Government company or

corporation under sub-section (1) of section 5;

(f) the powers of the nominated authority under sub-section (1) of section 6;

(g) the manner of auction or allotment of Schedule I coal mines and execution of

the vesting or allotment orders under sub-section (4) of section 6;

(h) the salaries and allowances and other terms and conditions of service of the

nominated authority and other officers and staff under sub-section (6) of section 6;

(i) the manner of notifying the particulars of Schedule I coal mines to be auctioned

and furnishing of required information by the prior allottees under sub-section (1) of

section 8;

(j) the manner of conducting auction and drawing of a vesting order under

sub-section (3) of section 8;

(k) determination of floor price by the nominated authority under

sub-section (5) of section 8;

(l) the form and manner of furnishing of bank guarantee and the time within

which such furnishing of bank guarantee under sub-section (6) of section 8;

Power to

make rules.

26 of 1973.

67 of 1957.

Act to

have

overriding

effect.

Amendment

of certain

Acts

contained in

Schedule IV.

Protection of

action taken

in good faith.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(m) the manner of disbursement of priority payments under section 9;

(n) the manner of establishing title of movable property by the prior allottee or

third party who has a contract with the prior allottee for the movable property under

the first proviso to sub-section (5) of section 10;

(o) the manner of receiving compensation from the sale proceeds of the movable

property under the second proviso to sub-section (5) of section 10;

(p) the manner in which the secured creditor paid out of the compensation in

respect of any prior allottee under sub-section (2) of section 12;

(q) the manner of collection of additional levy by the Central Government from

the prior allottees of Schedule II coal mines under sub-section (5) of section 14;

(r) the salaries and allowances and other terms and conditions of service of the

Commissioner of payments and other officers and staff under sub-section (4) of

section 15;

(s) the manner of determination of compensation payable to prior allottee

and the lodging of registered sale deeds with the nominated authority under

sub-section (1) of section 16;

(t) the method of determination of compensation for mine infrastructure in relation

to Schedule I and its reflection in the statutorily audited balance sheet under

sub-section (2) of section 16;

(u) the manner of transfer of the management and operation of any Schedule II

coal mines by the designated custodian under sub-section (6) of section 19;

(v) the manner of exercising and discharging the rights, liabilities and obligations

by the designated custodian under sub-section (7) of section 19;

(w) the manner of providing agreements or arrangements for optimum utilisation

of coal mine for specified end-uses under sub-section (1) of section 20;

(x) the manner of usage of coal mine by a successful bidder or allottee for any of

its plants under sub-section (2) of section 20;

(y) any other matter which is required to be, or may be, prescribed.

(3) Every rule made and every notification issued by the Central Government, under

this Act, shall be laid, as soon as may be after it is made, before each House of Parliament,

while it is in session, for a total period of thirty days which may be comprised in one session

or in two or more successive sessions, and if, before the expiry of the session immediately

following the session or the successive sessions aforesaid, both Houses agree in making

any modification in the rule or notification, or both Houses agree that the rule or notification

should not be made, the rule or notification shall thereafter have effect only in such modified

form or be of no effect, as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done under that

rule or notification .

32. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for

removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from

the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid

before each House of Parliament.

33. (1) The Coal Mines (Special Provisions) Ordinance, 2014 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said

Ordinance, shall, without prejudice to the judgment of the Supreme Court dated 25th of

August, 2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal)

No. 120 of 2012, be deemed to have been done or taken under the corresponding provisions

of this Act.

Power to

remove

difficulties.

Repeal and

saving.

Ord. 5 of

2014.

SCHEDULE I

[See section 3(1)(p)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No.

Mine/Block

Located

Tadicherla-I

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

Anesttipali

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

Punkula-Chilka

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

Penagaddppa

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

Namchik Namphuk

Arunachal Pradesh Mineral Dev. & Trading Corporation

Arunachal Pradesh

Sayang

AES Chhattisgarh Energy Pvt. Ltd.

Chhattisgarh

Rajgamar Dipside

API Ispat & Powertech Pvt. Ltd., CG Sponge Manufacturers

(Deavnara)

Consortium Coalfield Pvt. Ltd.

Chhattisgarh

Durgapur-II/

Bharat Aluminium Company Ltd.

Chhattisgarh

Taraimar

Datima

Binani Cement Ltd.

Chhattisgarh

Tara

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

Gare-Palma, Sector-I

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

Shankarpur

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

Bhatgaon II Extn.

Sondhia

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

Parsa

Chhattisgarh State Electricity Board

Chhattisgarh

Vijay Central

Coal India Limited, SKS Ispat & Power Ltd.

Chhattisgarh

Gidhmuri

Chhattisgarh State Electricity Board

Chhattisgarh

Paturia

Chhattisgarh State Electricity Board

Chhattisgarh

Durgapur-II /Sarya

DB Power Ltd.

Chhattisgarh

Bhaskarpara

Electrotherm (India) Ltd., Grasim Industries Ltd.

Chhattisgarh

West of Umaria

Sainik Finance and Industries Ltd. ( Earlier Garuda Clays Ltd.)

Chhattisgarh

Morga II

Gujarat Mineral Development Corporation

Chhattisgarh

Gare-Palma Sector-III Goa Industrial Development Corporation

Chhattisgarh

Madanpur South

Hindustan Zinc Ltd., Akshya Investment Pvt. Ltd.,

Chhattisgarh

Chhattisgarh Steel & Power Ltd., Chhattisgarh

Electricity Corporation Ltd., MSP Steel & Power Ltd.,

Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Cos. )

Nakia I

Ispat Godavari Ltd., Ind. Agro Synergy Ltd.,

Chhattisgarh

Shri Nakoda Ispat Ltd., Vandana Global Ltd.,

Shree Bajrang Power & Ispat Ltd.

Nakia II

Ispat Godavari, Ind Agro Synergy, Shri Nakoda Ispat,

Chhattisgarh

Vandana Global Ltd.,Shree Bajrang Power & Ispat Ltd.

Gare-Palma- IV/4

Jayaswal Neco Ltd.

Chhattisgarh

Gare-Palma-IV/8

Jayaswal Neco Ltd.

Chhattisgarh

Gare-Palma-IV/2

Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV/3

Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)

Chhattisgarh

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Gare-Palma-IV/1

Jindal Strips Limited (Now Jindal Steel & Power Ltd. )

Chhattisgarh

Gare-Palma IV/6

Jindal Steel & Power Ltd., Nalwa Sponge Iron Ltd.

Chhattisgarh

Fatehpur East

JLD Yavatmal Energy Ltd., R.K.M. Powergen Pvt. Ltd.,

Chhattisgarh

Visa Power Ltd., Green Infrastructure Pvt. Ltd.,Vandana Vidyut Ltd.

Morga-I

Madhya Pradesh State Mining Corporation Limited

Chhattisgarh

Morga-III

Madhya Pradesh State Mineral Corporation Limited

Chhattisgarh

Morga-IV

Madhya Pradesh State Mineral Corporation Limited

Chhattisgarh

Gare-Palma Sector-II

Maharashtra State Mining Corpn. Ltd.

Chhattisgarh

Tamil Nadu State Electricity Board

Gare-Palma-IV/5

Monet Ispat Ltd.

Chhattisgarh

Rajgamar Dipside

Monnet Ispat and Energy Ltd., Topworth Steel Pvt. Ltd.

Chhattisgarh

(South of

Phulakdih Nala)

Talaipali

National Thermal Power Ltd.

Chhattisgarh

Chotia

Prakash Industries Ltd.

Chhattisgarh

Gare-Palma-IV/7

Raipur Alloys & Steel Ltd. (Now Sarda Energy and

Chhattisgarh

Mineral Limited)

Parsa East

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

Kesla North

Rathi Udyog Ltd.

Chhattisgarh

Kanta Basan

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

Panchbahani

Shree Radhe Industries Ltd.

Chhattisgarh

Fatehpur

SKS Ispat and Power Ltd., Prakash Industries Ltd.

Chhattisgarh

Madanpur (North)

Ultratech Ltd., Singhal Enterprise Ltd. , Navbharat Coalfield Ltd.,

Chhattisgarh

Vandana Energy & Steel Pvt. Ltd., Prakash Industries Ltd.,

Anjani Steel Pvt. Ltd., Chhattisgarh Captive Coal Mining Ltd.

(Consortium of five Co. )

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Meral

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Seregarha

Arcelor Mittal India Ltd., GVK Power (Govindwal Sahib) Ltd.

Jharkhand

Patal East

Bhushan Power and Steel Ltd.

Jharkhand

Saria Koiyatand

Bihar Rajya Khanij Vikas Nigam (BRKVN) Patna.

Jharkhand

Macherkunda

Bihar Sponge Iron Ltd.

Jharkhand

Brahmadiha

Castron Technologies Ltd.

Jharkhand

Mahuagarhi

Calcutta Electricity Supply Corporation Ltd. (CESC),

Jharkhand

Jas Infrastructure Capital Pvt. Ltd.

Chitarpur

Corporate Ispat Alloys Ltd.

Jharkhand

Saharpur Jamarpani

Damodar Valley Corporation

Jharkhand

Lalgarh (North)

Domco Smokeless Fuel Pvt. Ltd.

Jharkhand

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

Chakla

Essar Power Ltd.

Jharkhand

Ashok Karkatta

Essar Power Ltd.

Jharkhand

Central

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Jainagar

Gujarat Mineral Development Corporation (GMDC)

Jharkhand

Tokisud North

GVK Power (Govindwal Sahib) Ltd

Jharkhand

Tubed

Hindalco Industries Ltd., Tata Power Company Ltd.

Jharkhand

Moitra

Jayaswal Neco Ltd.

Jharkhand

North Dhadu

Jharkhand Ispat Pvt. Ltd., Pavanjay Steel & Power Ltd.,

Jharkhand

Electrosteel castings Ltd., Adhunik Alloys & Power Ltd.

Banhardih

Jharkhand State Electricity Board

Jharkhand

Sugia Closed mine

Jharkhand State Mineral Development Corporation

Jharkhand

Rauta Closed mine

Jharkhand State Mineral Development Corporation

Jharkhand

Burakhap small patch Jharkhand State Mineral Development Corporation

Jharkhand

Pindra-Debipur-

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

Khaowatand

Latehar

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

Patratu

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

Rabodih OCP

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

Jogeshwar & Khas

Jharkhand State Mineral Development Corporation

Jharkhand

Jogeshwar

Jitpur

Jindal Steel & Power Ltd.

Jharkhand

Amarkonda

Jindal Steel and Power Ltd., Gagan Sponge Iron Pvt. Ltd.

Jharkhand

Murgadangal

Urma Paharitola

Jharkhand State Electricity Board, Bihar State

Jharkhand

Mineral Development Corporation Ltd.

Rohne

JSW Steel Ltd., Bhushan Power & Steel Ltd.,

Jharkhand

Jai Balaji Industries Ltd.

Gomia

Metals and Minerals Trading Corporation

Jharkhand

Rajhara North

Mukund Limited,Vini Iron & Steel Udyog Limited

Jharkhand

(Central & Eastern)

Dumri

Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd.

Jharkhand

Kerandari

National Thermal Power Ltd.

Jharkhand

Chhatti Bariatu

National Thermal Power Ltd.

Jharkhand

Chhati Bariatu South National Thermal Power Ltd.

Jharkhand

Brahmini

National Thermal Power Ltd.+ Coal India Limited JV

Jharkhand

Chichro Patsimal

National Thermal Power Ltd.+ Coal India Limited JV

Jharkhand

Pachwara Central

Punjab State Electricity Board

Jharkhand

Mahal

Rashtriya Ispat Nigam Limited

Jharkhand

Tenughat-Jhirki

Rashtriya Ispat Nigam Limited

Jharkhand

Bundu

Rungta Mines Limited

Jharkhand

Mednirai

Rungta Mines Limited, Kohinoor Steel (P) Ltd.

Jharkhand

Choritand Tiliaya

Rungta Mines Limited, Sunflag Iron & Steel Co. Ltd.

Jharkhand

Sitanala

Steel Authority of India Ltd.

Jharkhand

Ganeshpur

Tata Steel Ltd., Adhunik Thermal Energy

Jharkhand

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Rajbar E&D

Tenughat Vidyut Nigam Limited.

Jharkhand

Gondulpara

Tenughat Vidyut Nigam Limited, Damodar Valley Corporation

Jharkhand

100

Kotre-Basantpur

Tata Iron and Steel Co. Ltd. (Now Tata Steel Ltd.)

Jharkhand

101

Pachmo

Tata Iron and Steel Co. Ltd. (Now Tata Steel Ltd.)

Jharkhand

102

Lohari

Usha Martin Ltd.

Jharkhand

103

Kathautia

Usha Martin Ltd.

Jharkhand

104

Pachwara North

West Bengal Power Development Corporation Limited (WBPDCL)

Jharkhand

105

Suliyari

Andhra Pradesh Mineral Development Corporation

Madhya Pradesh

106

Bikram

Birla Corporation Ltd.

Madhya Pradesh

107

Gotitoria (East)

BLA Industries Ltd.

Madhya Pradesh

108

Gotitoria (West)

BLA Industries Ltd.

Madhya Pradesh

109

Mahan

Essar Power Ltd., Hindalco Industries Ltd.

Madhya Pradesh

110

Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

111

Urtan North

Jindal Steel & Power Ltd., Monet Ispat and Energy Ltd.

Madhya Pradesh

112

Thesgora-B/

Kamal Sponge Steel & Power Limited, Revati Cement P. Ltd.

Madhya Pradesh

Rudrapuri

113

Amelia

Madhya Pradesh State Mining Corporation

Madhya Pradesh

114

Amelia (North)

Madhya Pradesh State Mining Corporation

Madhya Pradesh

115

Mandla South

Madhya Pradesh State Mining Corporation Ltd.

Madhya Pradesh

116

Dongeri Tal-II

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

117

Marki Barka

Madhya Pradesh State Mining Corporation (MPSMC)

Madhya Pradesh

118

Semaria/Piparia

Madhya Pradesh State Mining Corporation (MPSMC)

Madhya Pradesh

119

Bicharpur

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

120

Tandsi-III &

Mideast Integrated Steels Ltd.

Madhya Pradesh

Tandsi -III (Extn.)

121

Sahapur East

National Mineral Dev. Corp.

Madhya Pradesh

122

Sahapur West

National Mineral Dev. Corp.

Madhya Pradesh

123

Mara II Mahan

NCT of Delhi, Delhi, Haryana Power Generation

Madhya Pradesh

Corp. Ltd . (HPGCL)

124

Sial Ghoghri

Prism Cement Limited

Madhya Pradesh

125

Brahampuri

Pushp Steel and Mining Ltd.

Madhya Pradesh

126

Rawanwara North

SKS Ispat Limited

Madhya Pradesh

127

Bander

AMR Iron & Steels Pvt. Ltd., Century Textiles &

Maharashtra

Industries Ltd., J.K.Cement Ltd.

128

Marki Mangli-I

B.S. Ispat Ltd.

Maharashtra

129

Takli-Jena-

Central Collieries Co. Ltd. and Lloyds Metals & Engineering Ltd.

Maharashtra

Bellora (North) &

Takli-Jena-

Bellora (South)

130

Dahegaon/

IST Steel & Power Ltd., Gujarat Ambuja Cement Ltd.,

Maharashtra

Makard hokra- IV

Lafarge India Pvt. Ltd.

131

Gondkhari

Maharashtra Seamless Limited, Dhariwal Infrastructure (P) Ltd.,

Maharashtra

Kesoram Industries Ltd.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

132

Marki-Zari-

Maharashtra State Mining Corpn. Ltd.

Maharashtra

Jamani-Adkoli

133

Lohara (East)

Murli Industries Ltd., Grace Industries Ltd.

Maharashtra

134

Khappa & Extn.

Sunflag Iron & Steel Ltd., Dalmia Cement (Bharat) Ltd.

Maharashtra

135

Lohara West Extn.

Adani Power Ltd.

Maharashtra

136

Warora West (North) Bhatia International Ltd.

Maharashtra

137

Kosar Dongergaon

Chaman Metaliks Ltd.

Maharashtra

138

Warora (West)

Fieldmining & Ispat Ltd.

Maharashtra

Southern Part

139

Chinora

Fieldmining & Ispat Ltd.

Maharashtra

140

Majra

Gondwana Ispat Ltd.

Maharashtra

141

Nerad Malegaon

Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd.

Maharashtra

142

Baranj - I

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

143

Baranj - II

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

144

Baranj - III

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

145

Baranj - IV

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

146

Kiloni

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

147

Manora Deep

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

148

Agarzari

Maharashtra State Mining Corporation Limited (MSMCL)

Maharashtra

149

Warora

Maharashtra State Mining Corporation Limited (MSMCL)

Maharashtra

150

Bhandak West

Shree Baidyanath Ayurved Bhawan Ltd.

Maharashtra

151

Marki Mangli-II

Shree Veerangana Steel Limited.

Maharashtra

152

Marki Mangli-III

Shree Veerangana Steel Limited.

Maharashtra

153

Marki Mangli-IV

Shree Veerangana Steel Limited.

Maharashtra

154

Belgaon

Sunflag Iron & Steel Co. Ltd.

Maharashtra

155

Mandakini B

Assam Mineral Dev. Corporation Ltd., Meghalaya

Orissa

Mineral Dev. Corp., Tamil Nadu Electricity Board,

Orissa Mining Corporation Ltd.

156

New Patrapara

Bhushan Steel & Strips Ltd., Adhunik Metaliks Ltd.,

Orissa

Deepak Steel & Power Ltd., Adhunik Corp. Ltd.,

Orissa Sponge Iron Ltd., SMC Power Generation Ltd.,

Sree Metaliks Ltd.,Visa Steel Ltd.

157

Bijahan

Bhushan Ltd., Shri Mahavir Ferro Alloys Pvt. Limited

Orissa

158

Jamkhani

Bhushan Ltd.

Orissa

159

Naini

Gujarat Mineral Development Corporation, Pondichery Industrial

Orissa

Promotion Development and Investment Corporation Limited

160

Mahanadi

Gujarat State Electricity Corporation Limited, Maharashtra

Orissa

State Electricity Board

161

Machhakata

Gujarat State Electricity Corporation Limited, Maharashtra

Orissa

State Electricity Board

162

Talabira-I

Hindalco Industries Ltd.

Orissa

163

Ramchandi

Jindal Steel & Power Limited

Orissa

Promotion Block

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

164

Utkal B 1

Jindal Steel & Power Ltd.

Orissa

165

Baitarni West

Kerala State Electricity Board, Orissa Hydro Power Corp.,

Orissa

Gujarat Power Corporation Ltd.

166

Talabira II & III

Mahanadi Coalfields Ltd. (MCL), Neyveli Lignite Corporation Ltd.,

Orissa

Hindalco Industries Ltd.

167

Utkal-A

Mahanadi Coalfields Ltd.(MCL), JSW Steels Ltd.,

Orissa

Jindal Thermal Power Comp. Ltd., Jindal Stainless Steels Ltd.,

Shyam DRI Ltd.

168

Utkal-B2

Monet Ispat Ltd.

Orissa

169

Mandakini

Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power

Orissa

Company Ltd.

170

Utkal 'E'

National Aluminium Corporation

Orissa

171

Dulanga

National Thermal Power Corporation

Orissa

172

Utkal-D

Orissa Mining Corporation

Orissa

173

Nuagaon Telisahi

Orissa Mining Corporation, Andhra Pradesh Mineral

Orissa

Development (APMDC)

174

Manoharpur

Orissa Power Generation Corporation

Orissa

175

Dipside Manoharpur Orissa Power Generation Corporation

Orissa

176

Radhikapur(West)

Rungta Mines Limited, OCL India Ltd.,Ocean Ispat Ltd.

Orissa

177

Rampia

Sterlite Energy Ltd.,(IPP), GMR Energy Ltd. (IPP),

Orissa

Arcelor Mittal India Ltd. (CPP), Lanco Group Ltd. (IPP),

Navbharat Power Pvt. Ltd. (IPP), Reliance Energy Ltd. (IPP)

178

Dip Side of Rampia

Sterlite Energy Ltd., (IPP), GMR Energy (IPP),

Orissa

Arcelor Mittal India Ltd. (CPP), Lanco Group Ltd. (IPP),

Navbharat Power Pvt. Ltd. (IPP), Reliance Energy Ltd. (IPP)

179

North of Arkhapal

Strategic Energy Technology Systems Limited (SETSL)

Orissa

Srirampur

180

Radhikapur(East)

Tata Sponge Iron Ltd., Scaw Industries Ltd., SPS Sponge Iron Ltd.

Orissa

181

Chendipada,

Uttar Pradesh Rajya Vidut Utpadan Limited,

Orissa

Chhattisgarh Mineral Development Corporation Limited,

Maharashtra State Power Generation Corporation Ltd.

182

Chendipada-II

Uttar Pradesh Rajya Vidut Utpadan Limited, Chhattisgarh

Orissa

Mineral Development Corporation Limited , Maharashtra State

Power Generation Corporation Ltd.

183

Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Orissa

184

Biharinath

Bankura DRI Mining Manufacturers Co. Pvt. Ltd.

West Bengal

185

Andal East

Bhushan Steel Ltd., Jai Balaji Industries Ltd., Rashmi Cement Ltd.

West Bengal

186

Barjora (North)

Damodar Valley Corporation

West Bengal

187

Kagra Joydev

Damodar Valley Corporation

West Bengal

188

Kasta (East)

Damodar Valley Corporation

West Bengal

189

Gourangdih ABC

Himachal EMTA Power Ltd., JSW Steel Ltd.

West Bengal

190

Moira-Madhujore

Ramsarup Lohh Udyog Ltd., Adhunik Corporation Ltd.,

West Bengal

Uttam Galva Steels Ltd., Howrah Gases Ltd.,Vikas Metal &

Power Ltd., ACC Ltd.

191

Sarisatolli

Calcutta Electricity Supply Corporation Ltd.

West Bengal

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

192

Ardhagram

Sova Ispat Limited, Jaibalaji Sponge Ltd.

West Bengal

193

Tara (West)

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

194

Gangaramchak

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

195

Barjora

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

196

Gangaramchak-

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

Bhadulia

197

Tara (East)

West Bengal State Electricity Board

West Bengal

198

Jaganathpur B

West Bengal Mineral Development & Trading Corp.

West Bengal

199

Sitarampur

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

200

Trans Damodar

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

201

Ichhapur

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

202

Kulti

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

203

Jaganathpur A

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

204

East of Damogoria

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

(Kalyaneshwari)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

SCHEDULE II

[See section 3(1)(q)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No.

Mine/Block

Located

Namchik Namphuk

Arunachal Pradesh Mineral Dev. & Trading Corporation

Arunachal Pradesh

Gare-Palma- IV/4

Jayaswal Neco Ltd.

Chhattisgarh

Gare-Palma-IV/2

Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV/3

Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV/1

Jindal Strips Limited (Now Jindal Steel & Power Ltd .)

Chhattisgarh

Gare-Palma-IV/5

Monet Ispat Ltd.

Chhattisgarh

Chotia

Prakash Industries Ltd.

Chhattisgarh

Gare-Palma-IV/7

Raipur Alloys & Steel Ltd. (Now Sarda Energy and Mineral Limited) Chhattisgarh

Parsa East

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

Kanta Basan

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

Tokisud North

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

Pachwara Central

Punjab State Electricity Board

Jharkhand

Kathautia

Usha Martin Ltd.

Jharkhand

Pachwara North

West Bengal Power Development Corporation Limited (WBPDCL)

Jharkhand

Gotitoria (East)

BLA Industries Ltd.

Madhya Pradesh

Gotitoria (West)

BLA Industries Ltd.

Madhya Pradesh

Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

Amelia (North)

Madhya Pradesh State Mining Corporation

Madhya Pradesh

Bicharpur

Madhya Pradesh State Mining Corporation Ltd.(MPSMC)

Madhya Pradesh

Sial Ghoghri

Prism Cement Limited

Madhya Pradesh

Marki Mangli-I

B.S. Ispat Ltd.

Maharashtra

Baranj - I

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj - II

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj - III

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj - IV

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Kiloni

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Manora Deep

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Marki Mangli-II

Shree Veerangana Steels Limited.

Maharashtra

Marki Mangli-III

Shree Veerangana Steels Limited.

Maharashtra

Belgaon

Sunflag Iron & Steel Co. Ltd.

Maharashtra

Talabira-I

Hindalco Industries Ltd.

Orissa

Barjora (North)

Damodar Valley Corporation

West Bengal

Kagra Joydev

Damodar Valley Corporation

West Bengal

Sarisatolli

Calcutta Electricity Supply Corporation Ltd.

West Bengal

Ardhagram

Sova Ispat Limited, Jaibalaji Sponge Ltd.

West Bengal

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

SCHEDULE III

[See section 3(1)(r)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No.

Mine/Block

Located

Durgapur-II/

Bharat Aluminium Company Ltd.

Chhattisgarh

Taraimar

Durgapur-II /Sarya

DB Power Ltd.

Chhattisgarh

Gare-Palma Sector-III Goa Industrial Development Corporation

Chhattisgarh

Gare-Palma IV/8

Jayaswal Neco Ltd.

Chhattisgarh

Talaipali

National Thermal Power Ltd.

Chhattisgarh

Chatti Bariatu

National Thermal Power Ltd.

Jharkhand

Mahan

Essar Power Ltd., Hindalco Industries Ltd.

Madhya Pradesh

Mandla South

Madhya Pradesh State Mining Corporation Ltd.

Madhya Pradesh

Dongeri Tal-II

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

Kosar Dongergaon

Chaman Metaliks Ltd.

Maharashtra

Nerad Malegaon

Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd.

Maharashtra

Marki Mangli-IV

Shree Veerangana Steel Limited.

Maharashtra

Jamkhani

Bhushan Ltd.

Orissa

Utkal B 1

Jindal Steel & Power Ltd.

Orissa

Utkal-B 2

Monet Ispat Ltd.

Orissa

Mandakini

Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power

Orissa

Company Ltd.

Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Orissa

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Meral

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Moitra

Jayaswal Neco Ltd.

Jharkhand

Jitpur

Jindal Steel & Power Ltd.

Jharkhand

Rohne

JSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Industries Ltd.Jharkhand

Dumri

Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd.

Jharkhand

Kerandari

National Thermal Power Ltd.

Jharkhand

Sitanala

Steel Authority of India Ltd.

Jharkhand

Ganeshpur

Tata Steel Ltd., Adhunik Thermal Energy

Jharkhand

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

Tara

Chhattisgarh Mineral Development Corporation Ltd.

Chhattisgarh

Lohari

Usha Martin Ltd.

Jharkhand

Dulanga

National Thermal Power Corporation

Orissa

Manoharpur

Orissa Power Generation Corporation

Orissa

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

SCHEDULE IV

(See section 28)

PART A

THE COAL MINES (NATIONALISATION) ACT, 1973

(26 OF 1973)

1. In the Coal Mines (Nationalisation) Act, 1973 (herein referred to as the principal

Act), in sub-section (1) of section 1A, after the word and figure "section 3", the word, figure

and letter ", section 3A" shall be inserted.

2. After section 3 of the principal Act, the following section shall be inserted, namely:—

'3A. (1) Notwithstanding anything contained in this Act, any person being—

(a) a Government company or corporation or a joint venture company

formed by such company or corporation or between the Central Government or

the State Government, as the case may be, or any other company incorporated

in India; or

(b) a company or a joint venture company formed by two or more

companies,

may carry on coal mining operations in India, in any form either for own

consumption, sale or for any other purpose in accordance with the prospecting

licence or mining lease, as the case may be.

(2) The Central Government may, with a view to rationalise such coal mines

so as to ensure the coordinated and scientific development and utilisation of coal

resources consistent with the growing requirements of the country, from time to time,

prescribe—

(i) the coal mines or coal bearing areas and their location;

(ii) the minimum size of the coal mine or coal bearing areas;

(iii) such other conditions,

which in the opinion of that Government may be necessary for the purpose of

coal mining operations or mining for sale by a company.

Explanation.—For the purposes of this section, "company" means a company as

defined in clause (20) of section 2 of the Companies Act, 2013.'.

3. In section 34 of the principal Act, in sub-section (2), after clause (a), the following

clause shall be inserted, namely:—

"(aa) the coal mines or coal bearing areas and their location, the minimum size of

the coal mine or coal bearing areas, and such other conditions which may be necessary

for the purpose of coal mining operations including mining for sale by a company

under sub-section (2) of section 3A.".

PART B

THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957

(67 OF 1957)

1. In the Mines and Minerals (Development and Regulation) Act, 1957 (herein referred

to as the principal Act), for section 11A, the following section shall be substituted, namely:—

Amendment

of section

1A.

Insertion of

new section

3A.

Mining

operation by

company and

others.

Amendment

of section 34.

18 of 2013.

Substitution

of new

section for

section 11A.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

'11A. (1) Notwithstanding anything contained in this Act, the Central Government

may, for the purpose of granting reconnaissance permit, prospecting licence or mining

lease in respect of any area containing coal or lignite, select any of the following

companies through auction by competitive bidding, on such terms and conditions as

may be prescribed, namely:—

(a) a Government company or corporation or a joint venture company

formed by such company or corporation or between the Central Government or

the State Government, as the case may be, or any other company incorporated

in India; or

(b) a company or a joint venture company formed by two or more

companies,

may carry on coal mining operations in India, in any form either for own

consumption, sale or for any other purpose in accordance with the permit,

prospecting licence or mining lease, as the case may be.

(2) The Central Government may, with a view to rationalise coal and lignite

mines referred to in sub-section (1), so as to ensure the coordinated and scientific

development and utilisation of resources consistent with the growing requirements of

the country, from time to time, prescribe—

(i) the details of mines and their location;

(ii) the minimum size of such mines;

(iii) such other conditions,

which in the opinion of that Government may be necessary for the purpose of

mining operations or mining for sale by a company.

(3) The State Government shall grant such reconnaissance permit, prospecting

licence or mining lease in respect of any area containing coal or lignite to such company

as selected through auction by competitive bidding or otherwise under this section:

Provided that the auction by competitive bidding under this section shall not be

applicable to an area containing coal or lignite—

(a) where such area is considered for allocation to a Government company

or corporation or a joint venture company formed by such company or corporation

or between the Central Government or the State Government, as the case may

be;

(b) where such area is considered for allocation to a company or corporation

or that has been awarded a power project on the basis of competitive bids for

tariff (including Ultra Mega Power Projects).

Explanation.—For the purposes of this section, "company" means a company

as defined in clause (20) of section 2 of the Companies Act, 2013.'.

2. In section 13 of the principal Act, in sub-section (2), for clause (d), the following

clause shall be substituted, namely:—

"(d) the terms and conditions of auction by competitive bidding, the details of

mines and their location, the minimum size of such mines and such other conditions

which may be necessary for the purpose of coal mining operations including mining

for sale by a company under sub-section (1) and sub-section (2) of section 11A.".

Amendment

of section

13.

18 of 2013.

Granting of

reconnaissance

permit,

prospecting

licence or

mining lease.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Hon'ble Supreme Court in Writ Petition (Criminal) No. 120 of 2012 (Manoharlal Sharma

Vs. Principal Secretary & Ors.) and Writ Petition (Civil) No. 463 of 2012 (Common Cause Vs.

UOI & Ors.) and other connected Public Interest Litigations, vide its judgment dated

25th August, 2014 has held that allocation of coal blocks made through the Screening

Committee and Government Dispensation route as arbitrary and illegal. The Supreme Court

pronounced its order on 24th September, 2014 cancelling allocation of 204 coal blocks out of

a total of 218 allocated since 1993. In case of 42 coal blocks (37 producing and 5 ready to

produce), cancellation will take effect from 31st March, 2015 and in respect of the others,

with immediate effect. The Court has also directed that an additional levy of Rs. 295/- per

metric ton be paid by these 42 coal block allocatees for the coal extracted since commencement

of production till 31st March, 2015.

2. In light of the judgment and order of the Hon'ble Supreme Court, it was considered

expedient in public interest by the Central Government to take immediate action so as to

ensure energy security of the country. The need for promulgation of the Ordinance was felt

to overcome the acute shortage of coal in core sectors such as steel, cement and power

utilities, which are vital for the development of the country. Further, to mitigate the hardships

on household consumers, medium and small enterprises, cottage industries, as well as to

overcome the overall shortage of coal in the country and augment its production by

allocating coal mines to new allocatees, the Coal Mines (Nationalisation) Act, 1973 was

amended by inserting section 3A and the Mines and Minerals (Development and Regulation)

Act, 1957 was amended by inserting section 11A, thereby removing the restriction of end

use from the eligibility to undertake coal mining, in the national interest.

3. As Parliament was not in session and immediate action was required to be taken by

the Central Government to implement the judgment and order of the Supreme Court and to

address the above objectives, an Ordinance namely, the Coal Mines (Special Provisions)

Ordinance, 2014 was promulgated by the President on 21st October, 2014 under article 123

of the Constitution.

4. Subsequent to the promulgation of the aforesaid Ordinance, certain issues were

raised and after considering all such issues, it has been decided to include certain additional

provisions in the Bill replacing the Ordinance and accordingly to modify the Ordinance.

5. The Bill provides for allocation of coal mines and vesting of the right, title and

interest in and over the land and mine infrastructure together with mining leases to successful

bidders and allottees though a transparent bidding process with a view to ensure continuity

in coal mining operations and production of coal, and for promoting optimum utilisation of

coal resources consistent with the requirement of the country in national interest. Further

the Bill, having regard to the coordinated and scientific development and utilisation of coal

resources consistent with the growing requirement of the country, prescribe the conditions

to rationalise the coal sector for mining operations, consumption and sale.

6. The notes on clauses explain in detail the various provisions contained in the Bill.

7. The Bill seeks to achieve the above objectives.

PIYUSH GOYAL

NEW DELHI;

The 5th December, 2014.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Notes on Clauses

Clause 1.—This clause provides the short title and commencement of the proposed

legislation.

Clause 2.—This clause is a declaration as to expediency of Union action.

Clause 3.—This clause provides for the definition of the expressions words used in

the proposed legislation.

Clause 4.—This clause provides for eligibility to participate in auction and payment

of fees.

Clause 5.—This clause empowers the Central Government to allot a Schedule - I Coal

mine to a Government company or corporation.

Clause 6.—This clause provides the Central Government to act through a nominated

authority and its powers and functions.

Clause 7.—This clause empowers the Central Government to classify certain

Schedule-I coal mines.

Clause 8.—This clause empowers the nominated authority to issue vesting order or

allotment order in respect of Schedule I and Schedule II coal mines in the manner as prescribed

therein.

Clause 9.—This clause provides that the proceeds arising out of land and mine

infrastructure in relation to a Schedule I coal mine shall be disbursed maintaining,

inter alia, the priority of payments in accordance with such rules as may be prescribed.

Clause 10.—This clause provides for the procedure for utilisation of movable property

used in coal mining operation in the manner as prescribed therein.

Clause 11.—This clause provides for discharge or adoption of third party contracts

with prior allottees.

Clause 12.—This clause provides for provisions in relation to secured creditors.

Clause 13.—This clause provides that any and all alienations of land and mine

infrastructure and creation of any encumbrances of whatsoever nature thereon which relate

to the Schedule I coal mines, made by any prior allottee after the 25th day of August, 2014

shall be void, save and except any registered security interest and charge over the land and

mine infrastructure as registered by a bank or a financial institution or any other secured

lender.

Clause 14.—This clause provides for liabilities of prior allottees.

Clause 15.—This clause empowers the Central Government to appoint a Commissioner

of payments for the purposes of disbursing the amounts payable to prior allottees of the

Schedule I coal mines. Sub-clauses provide the powers and functions of the said

Commissioner.

Clause 16.—This clause provides for the valuation of compensation for payment to

prior allottee.

Clause 17.—This clause provides that on and from the appointed date, the Central

Government or a company owned by the Central Government shall be deemed to have

become the lessee or licensee of the State Government in relation to each of the Schedule II

coal mines, in respect of which a mining lease or prospecting license has been granted prior

to the date of commencement of the proposed legislation, as if a mining lease or prospecting

license in relation to such coal mine had been granted to the Central Government or a

company owned by the Central Government and the period of such lease or license shall be

the maximum period for which such lease or license could have been granted by the State

Government under the Mineral Concession Rules, 1960, and thereupon all the rights under

such mining lease, including surface, underground and other rights shall be deemed to

have been transferred to, and vested in, the Central Government or a company owned by

the Central Government.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Clause 18.—This clause provides that on and from the appointed date, if the auction

or allotment of Schedule I coal mines is not complete, the Central Government shall appoint

any person as a designated custodian for such coal mines as may be notified by the Central

Government to manage and operate such notified coal mines.

Clause 19.—This clause and its sub-clauses provide for the powers and functions of

the designated custodian in respect of Schedule II coal mines.

Clause 20.—This clause provides that a successful bidder or allottee or coal linkage

holder shall, with prior approval of the Central Government and in accordance with such

rules as may be prescribed, be entitled to enter into certain agreements or arrangements

with other successful bidder or allottee or coal linkage holder, as the case may be, for

optimum utilisation of coal mine for the same end uses in the public interest and to achieve

cost efficiencies. It further provides that a successful bidder or allottee may also use the

coal mine from a particular Schedule I coal mine for any of its plants engaged in common

specified end uses, in accordance with such rules as may be prescribed.

Clause 21.—This clause provides for the procedure for acquisition of land.

Clause 22.—This clause provides for realisation of additional levy from the prior

allottee of Schedule II coal mine.

Clause 23.—This clause provides for penalties for certain offences.

Clause 24.—This clause provides for penalty for failure to comply with the directions

of the Central Government.

Clause 25.—This clause provides for the procedure for penalty against the offences

committed by a company.

Clause 26.—This clause provides that no court shall take cognizance of any offence

punishable under this Bill or any rules made thereunder except upon complaint in writing

made by a person authorised in this behalf by the Central Government or nominated authority

or the designated custodian.

Clause 27.—This clause provides an alternate dispute resolution forum for barring

the jurisdiction of civil courts and other courts (except the Supreme Court and High Courts)

in relation to any matter connected with the proposed legislation.

Clause 28.—This clause provides for protection of action taken in good faith by the

Central Government, nominated authority, Commissioner of payment, or designated

custodian or any person acting on their behalf.

Clause 29.—This clause provides that the provisions of the proposed legislation

shall have effect, notwithstanding anything inconsistent therewith contained in any other

law for the time being in force or in any instrument having effect by virtue of any such law.

Clause 30.—This clause provides that on and from the date of commencement of the

proposed legislation, the Coal Mines (Nationalisation) Act, 1973 and the Mines and Minerals

(Development and Regulation) Act, 1957 shall stand amended in the manner as provided

therein.

Clause 31.—This clause provides that the Central Government may, by notification in

the Official Gazette, and subject to the condition of previous publication, make rules for

carrying out the provisions of the proposed legislation.

Clause 32.—This clause provides that if any difficulty arises in giving effect to the

provisions of the proposed legislation, the Central Government may, by order published in

the Official Gazette, make such provisions, not inconsistent with the provisions of the

proposed legislation, as appear to it to be necessary or expedient for removing the difficulty,

provided that no such order shall be made after the expiry of a period of two years from the

date of commencement of the proposed legislation and every order made under this clause

shall be laid before each House of Parliament.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Sub-clause (1) of clause 6 of the Bill provides that the Central Government shall

appoint an officer not below the rank of Joint Secretary to the Government of India as the

nominated authority who shall act for and on behalf of the Central Government for the

purposes of the proposed legislation.

2. Sub-clause (2) of clause 6 provides that the nominated authority may engage any

expert having such qualifications and experience to make recommendations to the authority

for the conduct of auction and in drawing up of the vesting order or allotment order in

relation to the Schedule I coal mines.

3. Sub-clause (6) of clause 6 provides for the salaries and allowances and other terms

and conditions of service of the nominated authority and such other officers and staff

appointed thereunder.

4. Sub-clause (1) of clause 15 provides that for the purposes of disbursing the amounts

payable to prior allottees of the Schedule I coal mines, the Central Government shall appoint

an officer not below the rank of Joint Secretary to the Government of India, to be the

Commissioner of payments.

5. Sub-clause (2) of clause 15 provides that the Central Government may appoint

such other officers and staff as it may think fit to assist the Commissioner and thereupon

the Commissioner may authorise one or more of such officers to also exercise all or any of

the powers exercisable by him under this Bill.

6. Sub-clause (4) of clause 15 provides for the salaries and allowances and other

terms and conditions of service of the Commissioner and other officers and staff appointed

thereunder.

7. The manpower requirement and the total financial implication in terms of recurring

and non-recurring expenditure as well as the modalities involved would however, be deter-

mined after appointment of the nominated authority or Commissioner of payments. Hence,

it would be difficult to work out the exact expenditure, both recurring and non-recurring at

this stage.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of clause 29 of the Bill empowers the Central Government to make rules

by notification in the Official Gazette, subject to the condition of previous publication for

carrying out the provisions of the Bill for all or any of the matters as specified under

sub-clause (2) which includes the manner of allocation of Schedule I coal mines by way of

public auction and details of fees under sub-section (1) of section 4; the terms and conditions

for granting reconnaissance permit, prospecting licence or mining lease and the manner and

conditions of competitive bidding under sub-section (2) of section 4; norms to become

eligible to bid in an auction and the amount of investment in respect of a company having

a coal linkage under sub-section (3) of section 4; the period within which the payment of

additional levy by the prior allottee under sub-section (4) of section 4; the allotment order

to make allocations to a Government company or corporation under sub-section (3) of

section 5; the powers of the nominated authority under sub-section (1) of section 6; the

powers of the nominated authority under sub-section (2) of section 6; the powers of the

nominated authority under sub-section (4) of section 6; the salaries and allowances and

other terms and conditions of service of the nominated authority and other officers and

staff under sub-section (6) of section 6; the manner of notifying the particulars of

Schedule I coal mines to be auctioned and furnishing of required information by the prior

allottees under sub-section (1) of section 8; the manner of conducting auction and drawing

of a vesting order under sub-section (3) of section 8; the determination of floor price or

reserve price by the nominated authority under sub-section (5) of section 8; the form and

manner of furnishing of bank guarantee and the time within which such furnishing of bank

guarantee under sub-section (6) of section 8; the manner of disbursement of priority

payments under section 9; the manner of establishing title of movable property by the prior

allottee or third party who has a contract with the prior allottee for the movable property

under the first proviso to sub-section (5) of section 10; the manner of receiving compensation

from the sale proceeds of the movable property under the second proviso to sub-section (5)

of section 10; the manner in which the secured creditor paid out of the compensation in

respect of any prior allottee under sub-section (2) of section 12; the manner of collection of

additional levy by the Central Government from the prior allottees of Schedule II coal mines

under sub-section (5) of section 14; the salaries and allowances and other terms and

conditions of service of the Commissioner of payments and other officers and staff under

sub-section (4) of section 15; the manner of determination of compensation payable to

prior allottee and the lodging of registered sale deeds with the nominated authority under

sub-section (1) of section 16; the method of determination of compensation for mine

infrastructure in relation to Schedule I and its reflection in the statutorily audited balance

sheet under sub-section (2) of section 16; the manner of transfer of the management and

operation of any Schedule II coal mines by the designated custodian under sub-section (6)

of section 19; the manner of providing agreements or arrangements for optimum utilisation

of coal mined for specified end uses under sub-section (1) of section 20; the manner of

usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2)

of section 20; any other matter which is required to be, or may be, prescribed. Sub-clause (3)

provides that every such rule made by the Central Government shall be laid before each

House of Parliament.

2. Clause 30 of the Bill further empowers the Central Government that if any difficulty

arises in giving effect to the provisions of this Bill, the Central Government may, by order

published in the Official Gazette, make such provisions, not inconsistent with the provisions

of this Act, as appear to it to be necessary or expedient for removing the difficulty and every

such order made under this clause shall be laid before each House of Parliament.

3. The matters in respect of which the rules may be made are generally matters of

procedure and administrative detail and it is not practicable to provide for them in the Bill

itself. The delegation of legislative power is, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Memorandum explaining the modifications contained in the Bill to replace 'The Coal

Mines (Special Provisions) Ordinance, 2014'

'The Coal Mines (Special Provisions) Bill, 2014', which seeks to replace the 'The Coal

Mines (Special Provisions) Ordinance, 2014', proposes to make the following modifications

apart from modifications of consequential or drafting nature in the provisions contained in

the said Ordinance, namely:—

(i) In section 3, in sub-section (1), in clause (l), the words "and the expression

"notify" shall be construed accordingly" have been omitted.

(ii) In section 3, in sub-section (1), in clause (n), the following Explanation has

been inserted:—

"Explanation.—In case a mining lease has been executed in favour of a

third party, subsequent to such allocation of Schedule I coal mines, then, such

third party shall also be deemed to be the prior allottee."

(iii) In section 3, in sub-section (1), in clause (r), the word "notified", has been

substituted with the words "as may be notified".

(iv) In section 5, in sub-section (1), the words "which is not a joint venture with

private company", have been substituted with the words "or to a joint venture between

two or more Government companies or corporations".

(v) In section 5, in sub-section (1) after the existing proviso the following

provisos have been inserted:—

"Provided further that no company other than a Government company or

corporation shall hold more than twenty six per cent. of the paid-up share

capital in the Government company or corporation or in the joint venture between

a Government company or corporation, either directly or through any of its

subsidiary company or associate company:

Provided also that a joint venture of any two or more Government

companies or corporations shall be prohibited from alienating or transferring

any interest, except by way of taking loans or advances from a bank or financial

institution, in the joint venture of whatsoever nature including ownership in

favour of a third party.".

(vi) In section 5, the sub-section (2) has been omitted.

(vii) In section 6, after sub-section (6), the following sub-section has been

inserted:—

"(7) The nominated authority shall be bound by the written direction

given by the Central Government on the question of policy.".

(viii) In section 8, in sub-section (2), the words "the notification", has been

substituted with "such notice".

(ix) In section 9, after the words “in accordance with”, the words “the relevant

laws and” have been inserted:—

(x) In section 10, in sub-sections (1) and (5) the word "Schedule II", has been

substituted with the word "Schedule I".

(xi) In section 18, in sub-section (1), the words "for such coal mines as may be

notified by the Central Government to manage and operate such notified coal mines",

have been substituted with the words, "to manage and operate such coal mines as

may be notified by the Central Government".

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(xii) In section 19, after sub-section (6), the following sub-section has been

inserted :—

"(7) The designated custodian shall have rights, liabilities and obligations

as a prior allottee or a successful bidder in respect of coal mines entrusted to it

under section 18, to be exercised and discharged in such manner as may be

prescribed.".

(xiii) After section 26, the following new sections have been inserted:—

"27. Dispute settlement and bar of jurisdiction of civil courts.— (1) Any

dispute arising out of any action of the Central Government, nominated authority

or Commissioner of payment or designated custodian, or any dispute between

the successful bidder or allottee and prior allottee arising out of any issue

connected with the Act shall be adjudicated by the Tribunal constituted under

the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957).

(2) Where the Central Government is of opinion that any dispute arising

out of any issue connected with the Act exists or is apprehended and the

dispute should be adjudicated by the Tribunal referred to in sub-section (1),

then, the Central Government may by order in writing, refer the dispute or any

matter appearing to be connected with, or relevant to, the dispute, to the Tribunal

for adjudication.

(3) The Tribunal referred to in sub-section (1) shall, after hearing the

parties to the dispute, make an award in writing within a period of ninety days

from the institution or reference of the dispute.

(4) On and from the commencement of the Act, no court or other authority,

except the Supreme Court and a High Court, shall have, or be entitled to exercise,

any jurisdiction, powers or authority, in relation to matters connected with the

Act.

28. Protection of action taken in good faith.—No suit, prosecution or

other legal proceeding shall lie against the Central Government, nominated

authority, Commissioner of payment, or designated custodian or any person

acting on their behalf, in respect of anything which is done or intended to be

done in good faith under this Act.".

(xiv) In section 29, in sub-section (2), after clause (u), the following clause has

been inserted as a consequential amendment:—

"(v) the manner of exercising and discharging the rights, liabilities and

obligations of the designated authority and the manner of entrusting coal mines

to it under sub-section (6) of section 18;".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

ANNEXURE

EXTRACTS FROM THE COAL MINES (NATIONALISATION) ACT, 1973

(26 OF 1973)

1A. (1) It is hereby declared that it is expedient in the public interest that the Union

should take under its control the regulation and development of coal mines to the extent

hereinafter provided in sub-sections (3) and (4) of section 3 and sub-section (2) of

section 30.

34. (1)* * * * *

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

________

THE MINES AND MINERALS (DEVELOPMENT AND REGULATION)

ACT, 1957

( 67 OF 1957)

11A. The Central Government may, for the purpose of granting reconnaissance permit,

prospecting licence or mining lease in respect of an area containing coal or lignite, select,

through auction by competitive bidding on such terms and conditions as may be prescribed,

a company engaged in,—

(i) production of iron and steel;

(ii) generation of power;

(iii) washing of coal obtained from a mine; or

(iv) such other end-use as the Central Government may, by notification in the

Official Gazette, specify,

and the State Government shall grant such reconnaissance permit, prospecting licence or

mining lease in respect of coal or lignite to such company as selected through auction by

competitive bidding under this section:

Provided that the auction by competitive bidding shall not be applicable to an area

containing coal or lignite,—

(a) where such area is considered for allocation to a Government company or

corporation for mining or such other specified end-use;

(b) where such area is considered for allocation to a company or corporation that

has been awarded a power project on the basis of competitive bids for tariff (including

Ultra Mega Power Projects).

Explanation.—For the purposes of this section, ''company" means of a company as

defined in section 3 of the Companies Act, 1956 and includes a foreign company within the

meaning of section 591 of that Act.

Declaration

as to

expediency

of Union

control.

Power to

make rules.

Procedure in

respect of

coal or

lignite.

1 of 1956.