रजिस्ट्री सं० डी० एल०( एन ) 04/0007/2003-14 REGISTERED NO . DL- ( N) 04/ 0007/2003-14
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग ।। - खण्ड ।
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं॰44] No. 441
नई दिल्ली, शुक्रवार, दिसम्बर 26, 2014/ पौष 5 , 1936 ( शक) NEW DELHI , FRIDAY , DECEMBER 26 , 2014/PAUSA 5 , 1936 ( SAKA)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
( Legislative Department )
New Delhi, the 26th December, 2014/Pausa 5 , 1936 ( Saka)
THE COAL MINES ( SPECIAL PROVISIONS)
SECOND ORDINANCE , 2014
No. 7 OF 2014
Promulgated by the President in the sixty - fifth year of the Republic of India.
An Ordinance to provide 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 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 and for matters connected therewith or incidental thereto .
WHEREAS the Supreme Court vide judgment dated 25th August , 2014 read with its order dated 24th September , 2014 has cancelled the allocation of coal blocks and issued directions with regard to such coal blocks and the Central Government in pursuance of the said directions has to take immediate action to implement the said order ;
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AND WHEREAS it is expedient in public interest for the Central Government to take immediate action to allocate coal mines to successful bidders and allottees keeping in view the energy security of the country and to minimise any impact on core sectors such as steel , cement and power utilities , which are vital for the development of the nation ;
AND WHEREAS in pursuance of the judgment and order of the Supreme Court , the Coal Mines (Special Provisions ) Ordinance , 2014 ( 5 of 2014) was promulgated by the President on the 21st day of October , 2014 ;
AND WHEREAS the Coal Mines ( Special Provisions ) Bill, 2014 to replace the Coal Mines (Special Provisions ) Ordinance , 2014 was introduced in House of the People on 10th December , 2014 with certain modifications so as to provide for dispute settlement , bar of jurisdiction of civil courts and protection of action taken in good faith by the authorities in performance of their duties under the said Ordinance;
AND WHEREAS the Coal Mines ( Special Provisions ) Bill, 2014 , to replace the said Ordinance has been passed by the House of the People and is pending in the Council of States;
AND WHEREAS in pursuance of the Coal Mines (Special Provisions ) Ordinance, 2014 action has been initiated by the Central Government including the framing of rules for allocation of coal mines and therefore , it is considered necessary to give continuity to the provisions of the said Ordinance and save the actions taken thereunder ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE , in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance : -
CHAPTER I
PRELIMINARY
Short title , extent and commencement .
1. ( 1 ) This Ordinance may be called the Coal Mines (Special Provisions ) Second Ordinance , 201-4.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 3
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SEC. 1 ]
21stday of October, 2014.
Declaration as to of expediency Union action .
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.
Definitions .
3. ( 1 ) In this Ordinance , 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 ;
54 of2002 .
(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 ;
18 of2013 .
18 of2013.
(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 GAZETTE OF INDIA EXTRAORDINARY
[PART II-
the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002;
54 of 2002 .
(i) "Government company " shall have the same meaning as assigned to it in clause ( 45) of section 2 of the Companies Act , 2013 ;
18 of2013 .
(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 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 ;
(1) " notification" means a notification published in the Official Gazette;
(m) "prescribed " means prescribed by rules made under this Ordinance ;
(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 Ordinance;
(p) " Schedule I coal mines " means ,-
(i) all the coal mines and coal blocks the allocation of SEC. 1 ]
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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 Courtdated 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;
54 of2002.
(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;
(v) such other end - use as the Central Government may , by notification , specify;
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(w) "vesting order " means the vesting order issued under section 8 .
20 of 1957 . 67 of 1957. 26 of 1973 .
(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
to in and
Eligibility participate auction payment of fees .
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 ,
that 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 SEC. 1 ]
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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 Ordinance ;
(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 Ordinance;
or (c) a Government company or corporation or a joint venture company formed by such company 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 .
(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 .
Allotment mines of to Government companies corporations . or
of 5. ( 1 ) Notwithstanding the provisions contained in sub- sections (1) and (3) 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 8
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[PART 11
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 purpose 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.
Central Government act to through nominated authority .
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 Ordinance 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;
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(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 Ordinance.
(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.
(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 .
Power to classify certain Schedule I coal mines by Central Government.
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 .
Nominated authority to issue vesting order allotment order . or
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 [PART II- THE GAZETTE OF INDIA EXTRAORDINARY
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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 ofthe 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.
67 of 1957 .
(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
67 of 1957.
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(Development and Regulation) Act , 1957 .
(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 .
of of
Priority disbursal proceeds.
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 on the date of the vesting order;
(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
Utilisation of movable property used in coal mining operations .
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 THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 12
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 , 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:
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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 .
or Discharge adoption of third party contracts with prior allottees .
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 .
Provisions in relation to secured creditors .
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 14
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the compensation in respect of any prior allottee .
and Void alienations permitted security interests .
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 .
Liabilities prior allottees. of 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 Ordinance) , prior to the date of commencement of this Ordinance 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 Schedule I coal mines . in respect of
(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 Ordinance .
(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 , 15
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SEC. 1 ]
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 Ordinance , 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 .
Commissioner of Payments to be appointed and his powers .
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 Ordinance .
(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 Ordinance 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 16
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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 Ordinance .
Valuation of compensation for payment to prior allottee .
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 .
(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
Responsibility of 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 Ordinance , 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 SEC. 1 ]
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17
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 .
67 of 1957 .
(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 Ordinance or such other period as may be notified by the Central Government .
Central Government custodian. to appoint designated
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 maybe.
Powers and functions of the designated custodian respect of Schedule II coal mines .
19. ( 1 ) The designated custodian appointed under sub- section ( 1 ) of section 18 , shall be entitled to take control and in possession of all lands , in or adjacent to Schedule II coal mines , and used for coal mining operations and the mine to infrastructure in relation Schedule II coal mine , on behalf of the Central Government .
allottees or any persons (2) The designated custodian may direct the prior other 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 ofcoal.
(3) The designated custodian shall receive , to the [PART 11-
THE GAZETTE OF INDIA EXTRAORDINARY
18
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 Ordinance , 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
Power of Central Government to approve 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 SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
19
plants engaged in common specified end - uses , in accordance with such rules as may be prescribed .
CHAPTER VI
MISCELLANEOUS
Acquisition ofland .
30 of 2013 .
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.
30 of 2013 .
1957 .
(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 .
30 of 2013 .
(3) The State Governments which have initiated land acquisition proceedings under provisions of the Right to Fair Compensation and Transp . ency 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;
(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 .
Realisation additional levy. of
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-
for Penalties certain offences .
(a) obstructs or causes any impediment in taking
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
20
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
coalstock; 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 ofthe offence .
Penalty for failure to complywith directions of Central Government .
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 .
by
Offences companies .
25. (1 ) Where an offence under this Ordinance 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 Ordinance 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 , 21
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
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 .
Cognizance offences. of
26. No court shall take cognizance of any offence punishable under this Ordinance 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.
Dispute settlement and Bar of Jurisdiction ofcivil courts.
27. ( 1 ) Any dispute arising out of any action of the Central Government , nominated authority or Commissioner ofPayment or designated custodian, or any dispute between the successful bidder or allottee and prior allottee arising out of any issue connected with the Ordinance shall be adjudicated by the Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act , 1957
20 of1957 .
(2) Where the Central Government is of the opinion that any dispute arising out of any issue connected with the Ordinance 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 andfrom the commencement of the Ordinance , 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 Ordinance .
Protection of action taken in good faith. 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 Ordinance .
Ordinance to have overriding effect .
29. The provisions of this Ordinance 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
Amendment of certain Acts [PART II ---
THE GAZETTE OF INDIA EXTRAORDINARY
22
Schedule IV. contained in 26 of1973 .
67 of1957 .
Ordinance , 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 .
Power to make rules .
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 Ordinance .
(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;
(c) 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;
(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;
of (j) the manner of conducting auction and drawing vesting order under sub- section (3 ) of section 8 ; a 23
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 1 ]
(k) determination of floor price by the nominated authority under sub - section (5) of section 8;
(1) 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 ;
(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 [PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
24
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 Ordinance , 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 efrect , as tne case may' de ; so , nowever , Ιπάι any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification .
Power to remove difficulties .
32. ( 1 ) If any difficulty arises in giving effect to the provisions of this Ordinance , the Central Government may, by order published in the Official Gazette , make such provisions , not inconsistent with the provisions of this Ordinance , 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 Ordinance .
(2) Every order made under this section shall , as soon as may be after it is made , be laid before each House of Parliament .
and
Repeal saving .
5 of2014.
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 Ordinance .
SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
25
SCHEDULE - I
[See section 3 ( 1 ) (p ) ]
Name of Prior Allottee
Sl. No.
Name of Coal Mine/Block
1 Tadicherla - I
State where Coal Mine/Block Located
Telangana
Andhra Pradesh Power Generation Corpn . Ltd.
2 Anesttipali
Telangana
Andhra Pradesh Power Generation Corpn . Ltd.
3 Punkula- Chilka
Andhra Pradesh Power Generation Corpn. Ltd.
4 Penagaddppa
Telangana
Telangana
Andhra Pradesh Power Generation Corpn . Ltd.
5
Namchik Namphuk
Arunachal Pradesh Mineral Dev . & Trading
Corporation
6 Sayang
Arunachal Pradesh
AES Chhattisgarh Energy Pvt . Ltd
Chhattisgarh
Rajgamar Dipside API Ispat & Powertech Pvt . Ltd. ,CG
7
Sponge Manufacturers Consortium Chhattisgarh
(Deavnara)
Coalfield Pvt. Ltd.
8 Durgapur- II/
Taraimar Bharat Alluminium Company Ltd. Chhattisgarh
9 Datima Binani Cement Ltd.
Chhattisgarh
10 Tara
Chhattisgarh
Chhattisgarh Mineral Development
Corporation Limited
11
GarePelma , Sector- I
Chhattisgarh
Chhattisgarh Mineral Development
Corporation Limited
12
Shankarpur Bhatgaon II Extn .
Chhattisgarh
Chhattisgarh Mineral Development
Corporation Limited
13 Sondhia
Chhattisgarh
Chhattisgarh Mineral Development
Corporation Limited
14 Parsa
Chhattisgarh State Electricity Board
15 Vijay Central
Chhattisgarh
Coal India Limited , SKS Ispat & Power Ltd.
16 Gidhmuri
Chhattisgarh
Chattishgarh State Electricity Board
17 Paturia
Chhattisgarh
Chattishgarh State Electricity Board
18
DB Power Ltd. Durgapur - II /Sarya
19 Bhaskarpara
Chhattisgarh
Chhattisgarh
Chhattisgarh.
Electrotherm ( India) Ltd. , Grasim Industries Ltd.
20 West of Umaria
Chhattisgarh ,
Sainik Finance and Industries Ltd. ( Earlier
Garuda Clays Ltd.)
[PART II---
THE GAZETTE OF INDIA EXTRAORDINARY
26
21
Chhattisgarh
GujratMineral Development Corporation
Morga II
22
Chhattisgarh
Goa Industrial Development Corporation
Gare Palma Sector III
23 Madanpur South Chhattisgarh
Hindustan Zinc Ltd. , Akshya Investment Pvt. Ltd , Chhattisgarh Steel & Power Ltd. , Chhattisgarh Electricity Corporation Ltd. , MSP Steel & Power Ltd. , Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Cos . )
Nakia I
24
Chhattisgarh
Ispat Godavari Ltd. , Ind Agro Synergy Ltd. , Shri Nakoda Ispat Ltd. , Vandana Gobal Ltd. , Shree Bajrang Power & Ispat Ltd.
Nakia II
25
Chhattisgarh
IspatGodavari , Ind Agro Synergy, Shri Nakoda Ispat, Vandana Gobal Ltd. , Shree Bajrang Power & Ispat Ltd.
26
Jayaswal Neco Ltd. Gare-Palma- IV/4
27
Jayaswal Neco Ltd. Gare Palma IV/ 8
Gare -Palma - IV/ 2 28
Chhattisgarh
Chhattisgarh
Chhattisgarh
Jindal Power Ltd ( Now Jindal Steel &
PowerLtd. )
Gare- Palma - IV/3 29
Chhattisgarh
Jindal Power Ltd (Now Jindal Steel &
Power Ltd. )
Gare-Palma- IV / 1 30
Chhattisgarh
Jindal Strips Limited ( Now Jindal Steel &
PowerLtd.)
Gare Palma IV/6 31
Chhattisgarh
Jindal Steel & Power Ltd , Nalwa Sponge Iron Ltd.
32 Fatehpur East Chhattisgarh
JLD Yavatmal Energy Ltd , R.K.M. Powergen Pvt . Ltd , Visa Power Ltd , Green Infrastructure Pvt Ltd , Vandana Vidyut Ltd
33 Morga- I
Chhattisgarh
Madhya Pradesh State Mining Corporation
Limited
34 Morga III
Chhattisgarh
Madhya Pradesh State Mineral Corporation
Limited
35 Morga IV
Chhattisgarh
Madhya Pradesh State Mineral Corporation
Limited
36
Gare Palma Sector II
Chhattisgarh
Maharastra State Mining Corpn Ltd. , Tamil Nadu State Electricity Board
37
Monet Ispat Ltd Gare-Palma- IV /5
38
Chhattisgarh
Chhattisgarh
Monnet Ispat and Energy Ltd , Topworth Steel Pvt . Ltd.
Rajgamar Dipside (South of Phulakdih Nala)
Chhattisgarh
National Thermal Power Ltd.
39 Talaipali 27
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
40
Prakash Industries Ltd
Chotia Chhattisgarh
41 Gare- Palma - IV/ 7 Raipur Alloys & Steel Ltd (Now Sarda
Chhattisgarh
Energy and Mineral Limited)
42 Parsa East Rajasthan Rajya Vidyut Utpadan Nigam
Chhattisgarh
Ltd. ( RRVUNL )
43 Kesla North Rathi Udyog Ltd. Chhattisgarh
44 Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam
Chhattisgarh
Ltd. ( RRVUNL )
45 Panchbahani Shree Radhe Industries Ltd. Chhattisgarh
SKS Ispat and Power Ltd. , Prakash
46 Fatehpur Chhattisgarh
Industries Ltd.
Ultratech Ltd. , Singhal Enterprise Ltd. ,
Nav bharat Coalfield Ltd. , Vandana Energy
47 Madanpur (North ) & Steel Pvt. Ltd. , Prakash Industries Ltd , Chhattisgarh
Anjani Steel Pvt . Ltd. , Chhattisgarh Captive
CoalMining Ltd. ( Consortium of five Co. )
48 . Brinda Abhijeet Infrastructure Pvt . Ltd. Jharkhand
49 Sasai Abhijeet Infrastructure Pvt . Ltd. Jharkhand
50 Meral Abhijeet Infrastructure Pvt . Ltd. Jharkhand
Arcelor Mittal India Ltd , GVK Power
51 Seregarha Jharkhand
(Govindwal Sahib ) Ltd.
52 Patal East Bhushan Power and Steel Ltd. Jharkhand
53 Bihar Rajya Khanij Vikas Nigam Jharkhand
Saria Koiyatand
(BRKVN) Patna .
54 Macherkunda BiharSponge Iron Ltd. Jharkhand
55 Brahmadiha Castron Technologies Ltd. Jharkhand
Calcutta Electricity Supply Corporation
56 Mahuagarhi Ltd. ( CESC ) , Jas Infrastructure Capital Pvt. Jharkhand
Ltd
57 Chitarpur Corporate Ispat Alloys Ltd. Jharkhand
58 Saharpur Jharkhand
Damodar Valley Corporation
Jamarpani
59 Lalgarh (North) Domco Smokeless Fuel Pvt . Ltd. Jharkhand
60 Parbatpur- Central Electrosteel castings Ltd. Jharkhand
61 Chakla Essar Power Ltd. Jharkhand
Ashok Karkatta
62 Essar Power Ltd. Jharkhand
Central
63 Gujarat Mineral Development Corporation Jharkhand
Jainagar
(GMDC)
64 Tokisud North GVK Power (Govindwal Sahib ) Ltd. Jharkhand
65 Hindalco Industries Ltd. , Tata Power
Tubed Jharkhand
Company Ltd.
THE GAZETTE OF INDIA EXTRAORDINARY
28 [PART 11-
66 Moitra Jayaswal Neco Ltd. Jharkhand
Jharkhand Ispat Pvt. Ltd , Pavanjay Steel &
67 North Dhadu Power Ltd , Electrosteel Castings Ltd. , Jharkhand
Adhunik Alloys & Power Ltd.
68 Banhardih Jharkhand
Jharkhand State Electricity Board
69
Sugia Closed mine
Jharkhand
Jharkhand State Mineral Development
Corporation
70
Rauta Closed mine
Jharkhand
Jharkhand State Mineral Development
Corporation
71
Jharkhand
Jharkhand State Mineral Development
Corporation
Burakhap small patch
72
Pindra -Debipur- Khaowatand Jharkhand
Jharkhand State Mineral Development Corporation Ltd.
73 Latehar
Jharkhand
Jharkhand State Mineral Development Corporation Ltd.
Patratu
74
Jharkhand
Jharkhand State Mineral Development Corporation Ltd.
Rabodih OCP 75
Jharkhand
Jharkhand State Mineral Development Corporation Ltd.
76
Jharkhand
Jharkhand State Mineral Development
Corporation
Jogeshwar & Khas Jogeshwar
77 Jindal Steel & Power Ltd. Jharkhand
Jitpur
Amarkonda Jindal Steel and Power Ltd, Gagan Sponge
78 Jharkhand
Murgadangal Iron Pvt . Ltd
Jharkhand State Electricity Board , Bihar
79 Urma Paharitola State Mineral Development Corporation Jharkhand
Ltd.
JSW Steel Ltd. , Bhushan Power & Steel Jharkhand
80 Rohne
Ltd. , Jai Balaji Industries Ltd
81 Gomia Jharkhand
Metals and Minerals Trading Corporation
Rajhara North Mukund Limited , Vini Iron & Steel Udyog
82 (Central& Jharkhand
Limited
Eastern)
Nilachal Iron & Power Ltd. , Bajrang Ispat Jharkhand
83 Dumri
Pvt. Ltd.
84 Kerandari National Thermal Power Ltd. Jharkhand
85 Chatti Bariatu National Thermal Power Ltd. Jharkhand
Chhati Bariatu
86 National Thermal Power Ltd. Jharkhand
South
National Thermal Power Ltd. + Coal India
87 Brahmini Jharkhand
Limited JV
SEC. 1 ]
29
THE GAZETTE OF INDIA EXTRAORDINARY
88 Chichro Patsimal
Jharkhand
National Thermal Power Ltd.+ Coal India
Limited JV
89
Pachwara Central
Jharkhand
Punjab State Electricity Board
90 Mahal
Jharkhand
Rashtriya Ispat Nigam Limited
91 Tenughat-Jhirki
Jharkhand
Rashtriya Ispat Nigam Limited
92 Bundu Rungta Mines Limited
Jharkhand
93 Mednirai Rungta Mines Limited, Kohinoor Steel (P) Jharkhand
Ltd.
94 Choritand Tiliaya Rungta Mines Limited, Sunflag Iron & Jharkhand
Steel Co. Ltd.
95 Sitanala SteelAuthority of India Ltd.
Jharkhand
96 Ganeshpur
Jharkhand
Tata Steel Ltd. , Adhunik Thermal Energy
97 Badam
Jharkhand
Tenughat Vidyut Nigam Limited
98 RajbarE&D
Jharkhand
Tenughat Vidyut Nigam Limited
99 Gondulpara
Jharkhand
Tenughat Vidyut Nigam Limited, Damodar
Valley Corporation
100 Tata Iron and Steel Co. Ltd. ( Now Tata
Kotre -Basantpur Jharkhand
Steel Ltd.)
101 Pachmo Tata Iron and Steel Co. Ltd .. ( Now Tata
Jharkhand
Steel Ltd.)
102 Lohari Usha Martin Ltd.
Jharkhand
103 Kathautia Usha Martin Ltd
Jharkhand
104 Pachwara North
Jharkhand
WestBengal Power Development
Corporation Limited ( WBPDCL)
105 Suliyari
Madhya Pradesh
Andhra Pradesh Mineral Development
Corporation
106 Bikram BirlaCorporation 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 MandlaNorth Jaipraskash Associates Ltd
Madhya Pradesh
111 UrtanNorth Jindal Steel & Power Ltd , Monet Ispat and
Madhya Pradesh
Energy Ltd
112 Thesgora-B/ Kamal Sponge Steel & Power
Rudrapuri Limited , Revati Cement P. Ltd. Madhya Pradesh
113 Amelia
Madhya Pradesh State Mining Corporation
114
Amelia(North)
Madhya Pradesh
Madhya Pradesh State Mining Corporation
Madhya Pradesh
115 Mandla South Madhya Pradesh State Mining Corporation
Ltd. Madhya Pradesh
116 Dongeri Tal- II
Madhya Pradesh
Madhya Pradesh State Mining Corporation
Ltd. (MPSMC)
[PART 11-
THE GAZETTE OF INDIA EXTRAORDINARY
30
Marki Barka
117
Madhya Pradesh
Madhya Pradesh State Mining Corporation
(MPSMC)
118 Semaria/Piparia
Madhya Pradesh
Madhya Pradesh State Mining Corporation
(MPSMC)
119 Bicharpur
Madhya Pradesh
Madhya Pradesh State Mining Corporation
Ltd. (MPSMC)
120
Mideast Integrated Steels Ltd. Tandsi - III & Tandsi -III (Extn.)
121
Madhya Pradesh
Madhya Pradesh
National Mineral Dev . Corp
Sahapur East
122
Madhya Pradesh
National Mineral Dev . Corp
Sahapur West
123 Mara II Mahan
Madhya Pradesh
NCT of Delhi , Delhi , Haryana Power Generation Generation Corp Ltd.(HPGCL )
Prism Cement Limited
124 Sial Ghoghri Madhya Pradesh
125 Brahampuri Pushp Steel and Mining Ltd. Madhya Pradesh
126 Rawanwara North SKS Ispat Limited Madhya Pradesh
AMR Iron & Steels Pvt . Ltd. , Century Maharashtra
127 Bander
Textiles & Industries Ltd. , J.K.Cement Ltd.
Marki Mangli - I B.S. Ispat Ltd. Maharashtra
128
Takli - Jena-
129 Bellora (North ) & Central Collieries Co. Ltd. and Lloyds Maharashtra
Takli -Jena- Metals & Engineering Ltd.
Bellora (South)
130 Dahegaon/ IST Steel & Power Ltd , Gujarat Ambuja Maharashtra
Makard hokra- IV Cement Ltd. , Lafarge India Pvt . Ltd.
Maharashtra Seamless Limited , Dhariwal
131 Gondkhari Infrastructure (P ) Ltd. , Kesoram Industries Maharashtra
Ltd.
Marki -Zari-
132 Maharastra State Mining Corpn. Ltd. Maharashtra
Jamani -Adkoli
133 Lohara (East) Murli Industries Ltd. , Grace Industries Ltd. Maharashtra
134 Sunflag Iron & Steel Ltd, Dalmia Cement Maharashtra
Khappa & Extn.
(Bharat) Ltd.
Lohara West
135 Adani Power Ltd Maharashtra
Extn.
Warora West
136 Bhatia International Ltd. Maharashtra
(North)
Kosar
137 Chaman Metaliks Ltd. Maharashtra
Dongergaon
Warora
138 (West)Southern Fieldmining & Ispat Ltd. Maharastra
Part
139 Chinora Fieldmining & Ispat Ltd. Maharashtra
SEC11
31
THE GAZETTE OF INDIA EXTRAORDINARY
140 Majra Gondwana Ispat Ltd. Maharashtra
141 Gupta Metallics & Power Ltd. ,Gupta
Nerad Malegaon Maharashtra
Coalfields & WasheriesLtd.
142 Maharashtra
Karnataka Power Corp. Ltd. ( KPCL )
Baranj - 1
143 Baranj - II
Maharashtra
Karnataka Power Corp. Ltd. ( KPCL )
144 Baranj - III
Maharashtra
Karnataka Power Corp. Ltd. ( KPCL )
145 Baranj - IV
Maharashtra
Karnataka Power Corp. Ltd. ( KPCL )
146 Kiloni
Maharasthra
Karnataka Power Corp. Ltd. ( KPCL )
147 Manora Deep
Maharashtra
Karnataka Power Corp. Ltd. ( KPCL )
148 Agarzari
Maharashtra
Maharastra State Mining Corporation
Limited ( MSMCL)
149 Warora
Maharashtra
Maharashtra State Mining Corporation
Limited ( MSMCL)
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 Maharashtra
Sunflag Iron & Steel Co. Ltd
Belgaon
155 Mandakini B
Odisha
Assam Mineral Dev . Corporation Ltd. , Meghalaya Mineral Dev . Corp , Tamil Nadu Electricity Board , Odisha Mining Corporation Ltd.
156 New Patrapara
Odisha
Bhusan Steel & Strips Ltd. , Adhunik Metaliks Ltd. , Deepak Steel & Power Ltd. ,Adhunik Corp. Ltd. , Odisha Sponge Iron Ltd. , SMC Power Generation Ltd. , Sree Metaliks Ltd. , Visa Steel Ltd.
157 Bijahan
Odisha
Bhushan Ltd , Shri Mahavir Ferro Alloys
Pvt. Limited
158 Jamkhani Bhushan Ltd. Odisha
Gujarat Mineral Development Corporation ,
159 Naini Pondichery Industrial Promotion Odisha
Development and Investment Corporation
Limited
160 Mahanadi Odisha
Gujarat State Electricity Corporation
Limited , Maharastra State Electricity
Board
161 Machhakata
Odisha
Gujarat State Electricity Corporation
Limited , Maharashtra State Electricity
Board
162 Talabira - I
Hindalco Industries Ltd.
163
Odisha
Odisha
Jindal Steel & Power Limited
Ramchandi Promotion Block 32
THE GAZETTE OF INDIA EXTRAORDINARY
164 Utkal B 1
[PART II-
Jindal Steel & Power Ltd.
165 Baitarni West Odisha
Odisha
Kerala State Elecricity Board , Odisha Hydro Power Corp. , Gujarat Power Corporation Ltd.
166 Talabira II & III Odisha
Mahanadi Coalfields Ltd. (MCL) , Neyveli Lignite Corporation Ltd. , Hindalco Industries Ltd.
167 Utkal-A
Odisha
Mahanadi Coalfields Ltd. ( MCL) , JSW Steels Ltd. , Jindal Thermal Power Comp . Ltd. , Jindal Stainless Steels Ltd. , Shyam DRI Ltd.
168 Utkal -B2
Monet IspatLtd
169 Mandakini
Odisha
Odisha
Monet Ispat Energy Ltd , Jindal Photo Ltd , Tata Power Company Ltd
170 Utkal 'E '
Odisha
National Aluminium Corporation
171 Dulanga
Odisha
National Thermal Power Corporation
172 Utkal - D
Odisha
Odisha Mining Corporation
173 Nuagaon Telisahi Odisha
Odisha Mining Corporation , Andhra Pradesh Mineral Development (APMDC)
174
Odisha
Odisha Power Generation Corporation
Manoharpur
175
Odisha
Odisha Power Generation Corporation
Dipside Manoharpur
176 Radhikapur( West) Odisha
Rungta Mines Limited , OCL India Ltd. , Ocean Ispat Ltd.
177 Rampia
Odisha
Sterlite Energy Ltd. , ( IPP ) ,GMR Energy Ltd. ( IPP) , Arcelor Mittal India Ltd. (CPP ) , Lanco Group Ltd. ( IPP ) , Navbharat Power Pvt . Ltd. ( IPP) , Reliance Energy Ltd. (IPP)
178
Dip Side of Rampia
Odisha
Sterlite Energy Ltd. ,( IPP) , GMR Energy (IPP),Arcelor Mittal India Ltd. (CPP) , Lanco Group Ltd. ( IPP ) , Navbharat PowerPvt . Ltd. ( IPP ) , Reliance Energy Ltd. (IPP)
179
Odisha
Strategic Energy Technology Systems
Limited ( SETSL )
North of Arkhapal Srirampur
180 Radhikapur(East ) Odisha
Tata Sponge Iron Ltd , Scaw Industries Ltd , SPS Sponge Iron Ltd
181 Chendipada,
Odisha
Uttar Pradesh Rajya Vidut Utpadan Limited Chattishgarh Mineral Development Corporation Limited , Maharastra State PowerGeneration Corporation Ltd.
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
182 Chendipada- II
33
Odisha
Uttar Pradesh Rajya Vidut Utpadan Limited ,Chattishgarh Mineral Development Corporation Limited , Maharastra State Power Generation Corporation Ltd.
183 Utkal-C
Odisha
UtkalCoal Ltd. (formerly ICCL)
184 Biharinath
WestBengal
Bankura DRI Mining Manufacturers Co. Pvt. Ltd.
185 AndalEast
West Bengal
Bhushan Steel Ltd. , Jai Balaji Industries Ltd. , Rashmi Cement Ltd.
186 Barjora (North) Damodar Valley Corporation
187 Kagra Joydev WestBengal
Damodar Valley Corporation
188 Kasta (East)
WestBengal
Damodar Valley Corporation
189 Gourangdih ABC West Bengal
WestBengal
Himachal EMTA Power Ltd. , JSW Steel Ltd.
190 Moira-Madhujore WestBengal
Ramsarup Lohh Udyog Ltd. , Adhunik Corporation Ltd. , Uttam Galva Steels Ltd. , Howrah Gases Ltd. , Vikas Metal & PowerLtd. , ACC Ltd.
191 Sarisatolli
WestBengal
Calcutta Electricity Supply Corporation Ltd ,
192 Ardhagram
WestBengal
Sova Ispat Limited , Jaibalaji Sponge Ltd.
193 Tara (West)
WestBengal
West Bengal Power Development
Corporation Limited (WBPDCL)
194 Gangaramchak WestBengal
WestBengal Power Development
Corporation Limited ( WBPDCL )
195 Barjora
WestBengal
West Bengal Power Development
Corporation Limited ( WBPDCL)
196
Gangaramchak- Bhadulia
WestBengal
West Bengal Power Development
Corporation Limited ( WBPDCL)
197 Tara (East )
West Bengal State Electricity Board
WestBengal
198 Jaganathpur B West Bengal Mineral Development &
Trading. Corp. WestBengal
199 Sitarampur West Bengal Mineral Dev . & Trading
Corp. Ltd. WestBengal
200 Trans Damodar West Bengal Mineral Dev . & Trading .
Corp.Ltd. WestBengal
201 Ichhapur West Bengal Mineral Dev . & Trading .
Corp. Ltd. West Bengal
202 Kulti West Bengal Mineral Dev . & Trading .
Corp. Ltd. WestBengal
203 Jaganathpur A West Bengal Mineral Dev . & Trading .
Corp. Ltd. West Bengal
[PART II- THE GAZETTE OF INDIA EXTRAORDINARY
34
WestBengal 204
West Bengal Power Development
Corporation Limited ( WBPDCL)
East of Damogoria (Kalyaneshwari ) SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
35
SCHEDULE - II
[See section 3 ( 1 ) ( q ) ]
Name of Prior Allottee
Sl . No.
Name of Coal Mine/Block
1
Namchik Namphuk State where Coal Mine/Block Located
Arunachal Pradesh
Arunachal Pradesh Mineral
Dev. & Trading Corporation
2 Gare-Palma- IV/ 4
Jayaswal Neco Ltd.
3 Gare-Palma- IV/ 2 Chhattisgarh
Chhattisgarh
Jindal Power Ltd (Now
Jindal Steel & Power Ltd)
4 Gare-Palma- IV/3
Chhattisgarh
Jindal Power Ltd. (Now
Jindal Steel & Power Ltd.)
5 Gare-Palma - IV/ 1
Chhattisgarh
Jindal Strips Limited (Now
Jindal Steel & Power Ltd. )
6 Gare-Palma- IV/ 5
Monet Ispat Ltd.
7
Chotia
Chhattisgarh
Prakash Industries Ltd.
8 Gare-Palma- IV / 7 Chhattisgarh
Chhattisgarh
RaipurAlloys & Steel
Ltd. (Now Sarda Energy and
Mineral Limited)
9
Parsa East
Chhattisgarh
Rajasthan Rajya Vidyut
Utpadan Nigam Ltd.
(RRVUNL)
10
Kanta Basan
Chhattisgarh
Rajasthan Rajya Vidyut
Utpadan Nigam Ltd.
(RRVUNL)
11
Parbatpur - Central Jharkhand
Electrosteel Castings Ltd.
12
Tokisud North Jharkhand
GVK Power (Govindwal Sahib) Ltd.
13 Pachwara Central Jharkhand
Punjab State Electricity
Board
14
Kathautia
Usha Martin Ltd.
15 Pachwara North Jharkhand
Jharkhand
West Bengal Power
Development Corporation
Limited (WBPDCL)
16 Gotitoria (East)
BLA Industries Ltd. Madhya Pradesh
17 Gotitoria (West) BLA Industries Ltd.
Madhya Pradesh
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
36
Mandla North 18
Madhya Pradesh
Jaipraskash Associates Ltd
19 Amelia (North) Madhya Pradesh
Madhya Pradesh State
Mining Corporation
20
Bicharpur Madhya Pradesh
Madhya Pradesh State
Mining Corporation
Ltd. (MPSMC)
Prism Cement Limited
21
SialGhoghri
22
Madhya Pradesh
Maharashtra
B.S. Ispat Ltd.
Marki Mangli - I
23
Baranj - I Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
24
Baranj - II Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
25
Baranj - III Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
26
Baranj - IV Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
Kiloni
27
Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
28
Manora Deep Maharastra
Karnataka Power Corp. Ltd.
(KPCL)
29 Marki Mangli - II Maharastra
Shree Veerangana Steels Limited.
30 Marki Mangli - III Maharastra
Shree Veerangana Steels Limited .
31
Belgaon Maharastra
Sunflag Iron & Steel Co. Ltd.
Odisha
Hindalco Industries Ltd.
Talabira - I 32
33
Barjora (North) WestBengal
DamodarValley
Corporation
34
Kagra Joydev West Bengal
Damodar Valley
Corporation
35 Sarisatolli Calcutta Electricity Supply West Bengal
Corporation Ltd ,
36 Ardhagram Sova Ispat Limited , Jai balaji WestBengal
SpongeLtd.
37 Tara (West) West Bengal
West Bengal Power
Development Corporation
Limited (WBPDCL)
38
Gangaramchak West Bengal
WestBengal Power
Development Corporation
Limited (WBPDCL)
SEC . 1]
THE GAZETTE OF INDIA EXTRAORDINARY 37
39
Barjora
WestBengal
West Bengal Power
Development Corporation
Limited ( WBPDCL)
40
West Bengal
Gangaramchak- Bhadulia
WestBengal Power
Development Corporation
Limited (WBPDCL )
41
Tara (East)
WestBengal
West Bengal State
ElectricityBoard
42 Trans Damodar
WestBengal
West Bengal Mineral Dev. & Trading . Corp. Ltd.
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
38
SCHEDULE III
[See section 3 ( 1 ) ( r ) ]
Name of Prior Allottee
Sl . No. Name of Coal Mine/Block
1 Durgapur- II / Taraimar
Bharat Alluminium Company Ltd.
DB Power Ltd. 2 Durgapur- II /Sarya
3 Gare Pelma Sector- III
State where Coal Mine /Block Located
Chhattisgarh
Chhattisgarh
Chhattisgarh
Goa Industrial Development
Corporation
4 GarePalma IV/8 Jayaswal Neco Ltd. Chhattisgarh
5 Talaipali National Thermal Power Ltd. Chhattisgarh
6 Chatti Bariatu National Thermal Power Ltd. Jharkhand
7 Mahan Essar Power Ltd. , Hindalco Madhya Pradesh
Industries Ltd.
8 Mandla South Madhya Pradesh State Madhya Pradesh
Mining Corporation Ltd.
9 Dongeri Tal - II Madhya Pradesh
Madhya Pradesh State
Mining Corporation Ltd.
(MPSMC)
10 Kosar Chaman Metaliks Ltd. Maharastra
Dongergaon
11 Nerad Malegaon Gupta Metallics & Power Maharastra
Ltd. ,Gupta Coalfields &
Washeries Ltd.
12 Marki Mangli - IV Shree Veerangana Steel Maharastra
Limited.
13 Jamkhani Bhushan Ltd. Odisha
14 Utka- B 1 Jindal Steel & Power Ltd. Odisha
15 Utkal-B2 Monet Ispat Ltd Odisha
16 Mandakini Monet Ispat Energy Odisha
Ltd, Jindal Photo Ltd , Tata
Power Company Ltd.
17 Utkal-C Odisha
Utkal Coal Ltd. (formerly
ICCL)
SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 39
18 Brinda Abhijeet Infrastructure Pvt . Jharkhand
Ltd.
19 Sasai Abhijeet Infrastructure Pvt . Jharkhand
Ltd.
20. Meral Abhijeet Infrastructure Pvt . Jharkhand
Ltd.
21 Moitra Jayaswal Neco Ltd. Jharkhand
22 Jitpur Jindal Steel & Power Ltd. Jharkhand
23 Rohne JSW Steel Ltd. , Bhushan Jharkhand
Power & Steel Ltd. , Jai Balaji
Industries Ltd
24 Dumri Nilachal Iron & Power Ltd. , Jharkhand
Bajrang Ispat Pvt. Ltd.
25 Kerandari National Thermal Power Ltd. Jharkhand
26 Sitanala Steel Authority of India Ltd. Jharkhand
27 Ganeshpur Jharkhand
Tata Steel Ltd. , Adhunik
Thermal Energy
28 Badam Tenughat Vidyut Nigam Jharkhand
Limited
29 Tara Chhattisgarh Mineral Chhattisgarh
Development Corporation
Ltd.
30 Lohari Usha Martin Ltd. Jharkhand
31 Dulanga Odisha
National Thermal Power
Corporation
32
Manoharpur Odisha
Odisha Power Generation
Corporation
[PART II-
40
THE GAZETTE OF INDIA EXTRAORDINARY
SCHEDULE IV
(See section 28)
PART A
THE COAL MINES (NATIONALISATION) ACT , 1973 (26 OF 1973)
Amendment of section 1A .
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.
Insertion of new section 3A .
2. After section 3 of the principal Act , the following section shall be inserted , namely:-
by
'3A . ( 1 ) Notwithstanding anything contained in this Act, any person being-
Mining operation company and others .
(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,
that 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 ( 18 of 2013 ) .. ' .
Amendment of section 34 .
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. " .
41
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
PART B
THE MINES AND MINERALS ( DEVELOPMENT AND REGULATION) ACT, 1957
(67 OF 1957)
Substitution of 1. new section for
section 11A .
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:-
prospecting
' 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 : --
Granting of reconnaissance permit, licence mining lease. or
(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,
that 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) .
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
42
Explanation.-For the purposes of this section, "company " means a company as defined in clause (20) of section 2 of the Companies Act, 2013 ( 18 of 2013 ) . ' .
Amendment of section 13 .
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. " .
PRANAB MUKHERJEE , President .
P.K.MALHOTRA , Secy. to the Government of India.
GMGIPMRND-3973GI (CRC )-26-12-2014