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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 32] NEW DELHI, MONDAY, JULY 31, 1972/SRAVANA 9, 1894

Separate pagingisgiventothisPartinorderthatitmaybefiled

as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 3lst July,

1972:—

A Bill to provide for the acquisition and transfer of the right, title and interest of the owners of the coking coal mines specified in the First Schedule, and the right, title and interest of the owners of such coke oven plants as are in or about the said coking coal mines with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, conserving and promo- ting scientific development of the resources of coking coal needed to meet the growing requirements of the iron and steel industry and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Coking Coal Mines (Nationalisation)

Act, 1972.

Short title and com- mence- ment.

(2) The provisions of sections 30 and 31 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of May, 1972.

( 623 )

2. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution.

Explanation.—In this section, "State" has the same meaning as in Declara- tion as to the policy of the State.

article 12 of the Constitution.

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

Defini-

tions.

(a) "appointed day" means the 1st day of May, 1972;

(b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes—

(i) all lands, buildings, works, machinery and equipment, vehicles, railways, tramways and sidings, belonging to, or in, the coke oven plant,

(it) all workshops belonging to the coke oven plant, includ- ing buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand,

(Hi) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant,

(iv) all power stations belonging to the coke oven plant or operated for supplying electricity for the purpose of working the coke oven plant or a number of coke oven plants,

(v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on,

(vi) all other fixed assets, movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside.

Explanation.—"Current assets" do not include dues from sundry debtors, loans and advances to other parties and invest- ments, not being investments in the coke oven plant;

(c) "coking coal mine" means a coal mine in which there exists one or more seams of coking coal, whether exclusively or in addition to any seam of other coal:

(d) "company" means a company as denned in section 3 of the Companies Act, 1956, and includes a foreign company within the tofi9M- meaning of section 591 of that Act;

(e) "Commissioner" means the Commissioner of Payments ap- pointed under section 20;

(f) "Custodian" means the Custodian appointed under sub-sec- tion (2) of section 14, to take over, or carry on, the management of a coking coal mine or coke oven plant;

(g) "date of assent" means the date on which assent is given by the President to this Act;

(h) "Government company" has the meaning assigned to it by section 617 of the Companies Act, 1956;

1 of 1986.

(i) "managing contractor" means the person, or body of persons, who, with the previous Consent in writing of the State Government, has entered into an arrangement, contract or undertaking, with the owner of a coking coal mine or coke oven plant under which the ope- rations of the coking coal mine or coke oven plant are substantially controlled by such person or body of persons;

(j) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes—

(i) all borings and bore holes:

(ii) all shafts adjacent to, and belonging to, or in, a mine, whether in the course of being sunk or not;

(iii) all levels and inclined planes in the course of being driven;

(iv) all open cast working;

(v) all conveyors or aerial ropeways provided for bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;

(vi) all lands, buildings, works, adits, levels, planes, mach- nery and equipment, vehicles, railways, tramways and sidings be- longing to, or in, or about, a mine;

(mi) all workshops belonging to, or in, a mine, including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand;

(win) all coal in stock or in transit or under production and other stores, stocks and instruments belonging to, or in, a mine;

(ix) all power stations belonging to, or in, a mine or operated for supplying electricity for the purpose of working the mine or a number of mines;

(x) all lands, buildings and equipment belonging to, or in, a mine where the washing of coal or manufacture of coke is carried on;

(xi) all other fixed assets, movable or immovable, and current assets, belonging to a mine, whether within its premises or out- side.

Explanation.—"Current assets" do not include dues from sundry debtors, loans and advances to other parties and invest- ments, not being investments in the coking coal mine;

(fc) "Mineral Concession Rules'' means the rules, for the time being in force, made under the Mines and Minerals (Regulation and Development) Act, 1957;

R7 of 1957.

1 of 1056-

(Z) "mining company" means a company owning a coking coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956, the undertaking of that com- pany in India;

(m) "notification" means a notification published in the Official Gazette;

(n) "owner",—

(i) when used in relation to a mine, has the meaning assign- ed to it in the Mines Act, 1952,

35 of 1952.

(ii) when used in relation to a coke oven plant, means any person who is the immediate proprietor or lessee or occupier of the coke oven plant or any part thereof or is a contractor for the working of the coke oven plant or any part thereof;

(o) "prescribed" means prescribed by rules made under this Act;

(p) "scheduled bank" means a Lank included for the time being in the Second Schedule to the Reserve Bank of India Act, 1934;

2 of 1934.

(q) "specified date" means such date as the Central Government may, for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provisions of this Act;

12 of 1952.

(r) words and expressions used hez-nin and not defined but de- fined in the Coal Mines (Conservation, Safety and Development) Act, 1952, have the meanings, respectively, assigned to them in that Act;

(s) words and expressions u.¹; :1 herein and not defined in this

12 of 1952.

35 of 1932.

Act or in the Coal Mines (Const, anon, Safety and Development) Act, 1952, but defined in the Mines Act, 1952, shall have the mean- ings, respectively, assigned to them in trie Mines Act, 1952.

CHAPTER II

ACQUISITION OF THE RIGHTS OF IOWNERS OF COKING COAL MINES AND COKE

OVEN PLANTS

4. (1) On the appointed day, the right, title and interest of the owners in relation to the coking coal mines specified in the First Schedule shall stand transferred to, and shall vest absolutely in, the Central Govern- ment, free from all incumbrances.

Acquisi- tion of rights in coking coal mines.

84 of 1971.

(2) For the removal of doubts, it is hereby declared that if, after the appointed day, any other coal mine is found, after an investigation made by the Coal Board, to contain coking coal, tho provisions of the Coking Coal Mines (Emergency Provisions) Act, 1971, shall, until that mine is nationalised by an appropriate legislation, apply to such mine.

Acquisi- tion of rights of owners of coke oven plants.

5. On the appointed day, the right, title and interest of the owners of each of the coke oven plants specified in the Second Schedule, being the coke oven plants which are situated in or about the coking coal mines specified in the First Schedule, shall stand transferred to, and shall vest absolutely in, the Central Government, tree from all incumbrances.

Central Govern- ment to be the lessee of the State Govern- ment.

6. (i) Where the rights 01 an owner under any mining lease granted, or deemed to have been granted, in relation to a coking coal mine, by a State Government or any other person, vest an the Central Government under section 4, the Central Government shall, on and irom the date of such vesting, be deemed to have become the lessee of the State Govern- ment or such other person, as the case may be, in relation to such coking coal mine as if a mining lease in relation to such coking coal mine had been granted to the Central Government under the Mineral Concession Rules, the period oi such lease being the entire period for which such lease could have been granted by the State Government or such other person under those Rules and, thereupon, all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the Central Government.

(2) On the expiry of the term of any lease, referred to in sub-section (1), such lease shall, if so desired by the Central Government be renewed, on the same terms and conditions on which the lease was held on the ap- pointed day, by the lessor for the maximum period for which such lease can be renewed under the Mineral Concession Rules.

Power of Central Govern- ment to direct vesting rights In a Govern- ment company.

7. (1) Notwithstanding anything contained in sections 4 to 6 (both inclusive), the Central Government may, if it is satisfied that a Govern- ment company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coking coal mine or coke oven plant referred to, respectively, in section 4 or section 5 shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of pub- lication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction.

(2) Where the right, title and interest of an owner in relation to a coking coal mine or coke oven plant vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become—

(a) the lessee in relation to such coking coal mine as if a mining lease in relation to such coking coal mine had been granted to the Government company under the Mineral Concession Rules, the period of such lease being the entire period for which such lease could have been granted under those Rules;

(b) the owner of the coke oven plant,

and all the rights and liabilities of the Central Government in relation to such coking coal mine or coke¹ oven plant, r.hal^ on and from the date of such vesting, be deemed to have become the rights and liabilities, res- pectively, of the Government company.

(3) The provisions of sub-section (2) of section 6 shall apply to a lease which vests in a Government company as they apply to a lease vested in the Central Government and, reference therein to the Central Govern- ment shall be construed as reference to the Government company.

8. (1) All property which vests in the Central Government or in a Government company under this Chapter shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn.

Proper- ties vest- ing in Central Govern- ment to be freed from mortga- ges, etc.

(2) Every mortgagee any property which has vested under this Act in the Central Government or in a Government company, and every per- son holding any charge, lien or other interest in or in relation to any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest.

(3) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (1) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such pro- perty in the First Schedule or the Second Schedule, as the case may be, but no such mortgage, charge or lien or other interest shall be enforce- able against any such property of the Central Government or the Govern- ment company.

Central

Govern-

ment not

to be

liable

for prior

liabili-

ties.

9. (1) Every lability of the owner, agent, manager, or managing con- tractor of a coking coal mine or coke oven plant, in relation to any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor, as the case may be, and shall be en- forceable against him and not against the Central Government or the Government company.

(2) For the removal of doubts, it is hereby declared that^-

(a) save as otherwise provided elsewhere in this Act, no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a coking coal mine or coke oven plant in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company;

(b) no award, decree or order of any court, tribunal or other au- thority in relation to any coking coal mine or coke oven plant passed after the appointed day, but in relation to any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government or the Government company;

(c) no liability for the contravention of any provision of law for the time being in force, made before the appointed day, shall be en- forceable against the Central Government or the Government com- pany.

CHAPTER III

PAYMENT OF AMOUNT

Payment of amount to owners of coking coal mines.

10. The owner of every coking coal mine or group of coking coal mines specified in the second column of the First Schedule, shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 4, the right, title and interest of the owner in relation to such coking coal mine or group of coking coal mines, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

Payment of amount to owners of coke oven plants.

11. The owner of every coke oven plant specified in the second column of the Second Schedule, shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 5, the right, title and interest of the owner in relation to such coke oven plant, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

Payment of further amount.

12. (1) In consideration of the retrospective operation of the provi- sions of section 4 and section 5, there shall be given by the Central Gov- ernment, in cash, to the owner of ever7 coking coal mine specified in the First Schedule or the owner of every coke oven plant specified in the Second Schedule, an amount equal to the amount which would have been, but for the provisions of the said section 4 or section 5, as the case may be, payable to such owner under the Coking Coal Mines (Emergency • Provisions) Act, 1971, for the period commencing on the 1st day of May,

1972, and ending on the date of assent.

(2) In addition to the amount specified in sub-section (I), there shall be given by the Central Government, in cash, to the owner of every cok- ing coal mine specified in the First Schedule and the owner of every coke oven plant specified In the Second Schedule, simple interest at the rate of four per cent, per annum on the amount specified against such owner in the corresponding entry in the fifth column of the First Schedule or the Second Schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the Commissioner.

(3) The amounts referred to in sub-section (1) and sub-section (2) shall be in addition to the amount specified in the First Schedule or the Second Schedule, as the case may be.

13. (1) Where, in pursuance of any decree, order or Injunction made by a court, the Central Government or the Custodian appointed under

"4 of 1971

•• the Coking Coal Mines (Emergency Provisions) Act, 1971, was prevented from taking over the management of any coking coal mine or coke oven plant, the owner of such coking coal mine or coke oven plant shall render, within sixty days from the date of assent, to the Central Government or the Government company, as the case may be, accounts, in relation to the period commencing on the appointed day and ending on the date of assent, with regard to the—

(o) assets or stores of the coking coal mine or coke oven plant

Income derived by the owners of coking coal mines and coke oven plants after the appointed day to be refunded to the Central Govern- ment.

acquired or sold by him during the said period;

(b) coal or coke sold or despatched during the said period; (c) income derived by him from the coking coal mine or coke oven plant during the said period.

(2) If, on examination of the accounts referred to in sub-section (1), any income is found to have been derived by the owner from the coking coal mine or coke oven plant during the period referred to in that sub- section, such income shall be set off against the amount specified in the First Schedule or the Second Schedule, as the case may be, against the name of such owner, and the balance of such amount shall be paid to him.

CHAPTER IV

MANAGEMENT, ETC., OF COKING COAL MINES AND COKE OVEN PLANTS

14. (1) The general superintendence, direction, control and manage- ment of the affairs and business of a coking coal mine or coke oven plant, the right, title and interest of an owner in relation to which have 'vested in the Central Government under section 4 or section 5, as the case may be, shall,—

Manage- ment, etc., of coking coal mines and coke oven plants.

(a) in the case of a coking coal mine or coke oven plant, in re- lation to which a direction has been made by the Central Govern- ment under sub-section (1) of section 7, vest in the Government company specified in such direction, or

(b) in the case of a coking coal mine or coke oven plant, in re- lation to which no such direction has been made by the Central Government, vest in one or more Custodians appointed by the Central Government under sub-section (2),

and thereupon the Government company so specified or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the owner of the coking coal mine or coke oven plant is authorised to exercise and do.

(2) The Central Government may appoint an individual or a Govern- ment company as the Custodian of a coking coa! mine or coke oven plant in relation to which no direction has been made by it under sub-section (1) of section 7.

15. (1) On the vesting of the management of a coking coal mine or coke oven plant in a Government company or on the appointment of a Custodian, all persons in charge of the management of such coking coal mine or coke oven plant immediately before such vesting or appoint- ment, shall be bound to deliver to the Government company or Custodian, as the case may be, all assets, books of account, registers or other docu- ments in their custody relating to the coking coal mine or coke oven plant, and any contract, whether express or implied, providing for the

Duty of persons in- charge of manage- ment of coking coa mines or coke oven plants to deliver all asset* etc.

management of the coking coal mine or coke oven plant made before the appointed day between such persons and the owners of such coking coal mine or coke oven plant, shall be deemed to have terminated on the date on which the management of the coking coal mine or coke oven plant vests in the Government company or the Custodian so appointed.

(2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government company or Custodian as to its or his powers and duties and the Government' com- pany or Custodian may, also if it or ho so desires, apply to the Central Government at any time for instructions as to the manner in which the management of the coking coal mine or coke oven plant shall be con- ducted by it or him or in relation to any other matter arising in the course of such management.

(3) The Custodian shall receive from the funds of the coking coal mine or coke oven plant, as the case may be, in relation to which he or it is the Custodian, such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government.

16. The Custodian of every coking coal mine or coke oven plant shall ;

Accounts md audit maintain the accounts of such mine or plant in such manner and under such conditions as may be prescribed.

CHAPTER V

PROVISIONS RELATING TO EMPLOYEES OF COKING COAL MINES AND COKE OVEN PLANTS

14 of WV,

Employ- ment of certain employees to con- tinue.

17. (2) Every person who is a workman within the meaning of the '• Industrial Disputes Act, 1947, and has been, immediately before the ap- pointed day, in the employment of a coking coal mine or coke oven plant, shall become on and from the appointed day, an employee of the Central . Government, or, as the case may be, of the Government company in which the right, title and interest of such mine or plant have vested under this Act, and shall hold office or service in the coking coal mine or coke oven nl^nt, as the case may be, on the same terms and conditions and with thp same rights to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such coking coal mine or coke oven plant had not been transferred to. and vested in, the Central Qov^virnent or Government company, as the case mav be, and continue to do so unless and until his employment in such coking coal mine or coke oven plant is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the Central Government or the Government company.

14 of 1947

(2) The Central Government or the Government company in which the right, title and interest in relation to a coking coal mine or coke oven plant have vested, may employ, on mutuallv acceptable terms and conditions, any person who is not a workman withm the moaning of the • Industrial Disputes Act, 1947, and who has been, immediately before the appointed day, in the employment of a coking coal mine or coke oven plant, and on such employment the said person shall become an employee of the Central Government or the Government company, as the case may be.

(."?) Save as otherwise provided in sub-sections (2) and (2), the ser- vices of every person employed by the owner or occupier of a coking coal mine or coke oven plant before the appointed day shall stand termi- nated on and from the specified date.

(4) Notwithstanding anything contained In the Industrial Disputes

14 of 1947.

Act, 1947, or in any other law for the time being in force, the transfer U of the services of any officer or other employee from a coking coal mine or coke oven plant to any other coking coal mine or coke oven plant shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

(5) Where, under the terms of any contract of service or otherwise, any person whose service becomes terminated, or whose service becomes transferred to the Central Government or a Government company by reason of the provisions of this Act, is entitled to any payment by way of gratuity or retirement benefit or for any leave not availed of, or any other benefits, such person may enforce his claim against the owner of the coking coal mine or coke oven plant, as the case may be, but not against the Central Government or the Government company.

Provident fund.

18. (1) Where a coking coal mine or coke oven plant has established a provident fund for the benefit of its employees, the monies relatable to the employees, whose services have become transferred, by or under this Act, to the Central Government or a Government company, shall, out of the monies standing, on the appointed day, to the credit of such provident fund, stand transferred to, and vest in, the Central Government or the Government company, as the case may be.

]

(2) The monies which stand transferred, under sub-section (1), to the Central Government or a Government company shall be dealt with by that Government or company, as the case may be, in such manner as may be prescribed.

Superan- nuation, welfare and other funds.

19. Where a superannuation, welfare or other fund has been estab- lished for the benefit of the employees whose services stand transferred to the Central Government or a Government company, the coking coal mine or coke oven plant, by which such employees were employed, shall distribute the amount due to each such employee as if the employee had superannuated, or his services with the coking coal mine or coke oven piant had terminated, on the day Immediately preceding the specified date.

CHAPTER VI

COMMISSIONER OF PAYMENTS

Commis- sioner of Payments to be appointed

20. (1) For the purpose of disbursing the amounts payable to the ; owner of each coking coal mine or coke oven plant, the Central Govern- ment shall appoint such person as it may think fit to be the Commissioner of Payments.

(2H The Central Government may appoint such other persons as it may think fit to assist the Commissioner.

(,?) The salaries and allowances of the Commissioner and other per- sons appointed under this section phail be defrayed out of the Consolida- ted Fund of India.

Payment by the Central Govern- ment to the Com- missioner.

21. (1) The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the owner of a coking coal mine or coke oven plant, a sum equal to the sum specified against the coking coal mine or coke oven plant, as the case may be, in the First Schedule or the Second Schedule together with the amount and interest, if any, referred to in section 12.

(2) In addition to the sum referred to in sub-section (1), the Central Government shall pay, in cash, to the Commissioner, such amount as may become due to the owner of a coking coal mine or coke oven plant in relation to the period during which the management of the coking coal mine or coke oven plant remained vested in the Central Government.

(3) The Commissioner shall open and operate an account in a sche- duled bank in respect of each coking coal mine or coke oven plant.

(4) Every amount paid to the Commissioner shall be deposited to the credit of the account, referred to in sub-section (3), of the coking coal mine or coke oven plant to which the payment relates.

(5) Interest accruing on the amount standing to the credit of the account referred to in sub-section (3) shall enure to the benefit of the owner of the coking coal mine or coke oven plant, as the case may be.

(6) References in this section to the owner of a coking coal mine shall, in relation to a group of coking coal mines specified in the First Schedule, be construed as references to the owner of that group of coking coal mines.

State- ment of accounts In rela- tion to the period of manage- ment by the Centra] Gov- ernment, etc. 22. (1) The Central Government or the Government company, as the case may be, shall cause the books in relation to each coking coal mine or coke oven plant, the management of which has vested in it to be closed and balanced as on the 30th day of April, 1972, and shall cause a statement of accounts, as on that day, to be prepared, within such time, in such form and in such manner as may be prescribed, in relation to each such mine or plant in respect of the transactions effected by it during the period for which the management of such coking coal mine or coke oven plant remained vested in it:

Provided that where two or more coking coal mines or coke oven plants were owned, before the commencement of this Act, by the same owner, a consolidated statement of accounts may be prepared for all the coking coal mines or coke oven plants owned by such owner.

(2) All amounts received by the Central Government or the Govern- ment company after the closure of such accounts shall, where such amounts relate to transactions effected before the appointed day, be in- cluded in the said statement of accounts in respect of the coking coal mine or coke oven plant to which the said receipt relates.

(3) The Central Government or the Government company in which ;he right, title and interest of the coking coal mine or coke oven plant ;tands vested shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money, due to the coking coal mine or

coke oven plant, as the case may be, realised after appointed day notwith- standing that the realisations pertain to a period prior to the appointed day:

Provided that where such realisations have not been included in the statement of accounts as on the 30th day of April, 1972, a supplementary statement of accounts shall be prepared and furnished, at such intervals as may be prescribed, by the Central Government or the Government company to the owner of the coking coal mine or the coke oven plant, as the case may be.

(4) The liabilities of the coking coal mine or the coke oven plant (not being liabilities arising out of advances made by the Central Govern- ment or Government company), which could not be discharged by the ap- pointed day, may be discharged by the Central Government or the Gov- ernment company up to the specified date, and every payment made for the settlement with the owner shall be included in the statement of accounts as on the 30th day of April, 1972, indicating therein the period in relation to which the payments were made:

Provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be.

(5) A copy of each statement of accounts prepared under this section shall be delivered by the Central Government or the Government com- pany, as the case may be, to the Commissioner and also to the owner:

Provided that where the number of owners is more than one, only one copy of the statement of accounts shall be given to the owners for the benefit of all of them.

1 of 1956.

(6) The statement of accounts prepared under this section shall be audited by a person who is qualified to be appointed as an auditor of a company under section 226 of the Companies Act, 1956, and the auditor so appointed shall receive, from the funds of the coking coal mine or coke oven plant, as the case may be, such remuneration as the Central Government may fix.

(7) The audit of the statement of accounts shall be conducted in such manner as the Central Government may direct.

23. (1) Every person having a claim against the owner of a coking coal mine or coke oven plant shall prefer such claim before the Commis- sioner within thirty days from the specified date:

Claims to be made to the com- missioner

Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may, on the expiry of the said period of thirty days, entertain the claim within a further period of thirty days, but not thereafter.

(r?) Notwithstanding anything contained in any other law for the time being in force, there shall be paid in priority to all other unsecured debts, not being the amounts advanced by the Central Government or

04 of 1B71.

the Custodian appointed under the Coking Coal Mines (Emergency Provi- sions) Act, 1971, for the management of the coking coal mine or coke oven plant, as the case may be,—

(a) all wages or salary (including wages payable for time or piece work and salary earned wholly or in part by way of commis- sion) of any employee, in respect of services rendered to the coking coal mine or coke oven plant, as the case may be, and any compen- sation payable to any workman under any provisions of Chapter VA of the Industrial Disputes Act, 1947:

14 011947.

4G 011948.

(b) all amounts due, in respect of contributions payable during the twelve months next before the appointed day, under the Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 or any other law for the time being in force;

8 of 1923.

(c) all amounts due in respect of any compensation or liability for compensation under the Workmen's Compensation Act, 1923 in respect of the death or disablement of any employee of the coking coal mine or coke oven plant unless such mine or plant has, under such a contract with insurers as is mentioned .in section 15 of the said Act, rights capable of being transferred to and vested in, the work- men;

(d) all sums due to any employee from a provident fund, pension fund or gratuity fund or any otner fund established for the welfare of the employees of the coking coal mine or coke oven plant; and

(e) all sums due to the State Government as royalty, rent or dead rent, as the case may be,

(3) The debts specified in sub-section (2)i shall rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate m equal proportions and be paid accordingly.

(4) The Commissioner shall fix a certain date on or before which every claimant shall prove his claim or be excluded from the benefit of the disbursements made by the Commissioner.

(5) Not less than fourteen day's notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of such daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commis- sioner within the time specified in the advertisement.

(6) Every claimant who fails to prove his claim within the time specified by the Commissioner shall be excluded from the disburse- ments made by the Commissioner.

(7) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the owner of the coking coal mine or coke oven plant, as the case may be, an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing admit or reject the claim in whole or in part.

(8) A claimant who is dissatisfied with the decision of the Commis- sioner may prefer an appeal against the decision, to the principal civil court of original jurisdiction within the local limits of whose jurisdic- tion the coking coal mine or coke oven plant, as the case may be, is situated.

Disburse ment of money by the Commis- sioner.

24. Where the total amount of the claim admitted by the Commis- sioner does not exceed the total amount of the money credited to the account of a coking coal mine or coke oven plant, every such admitted claim shall rank equally among themselves and be paid in full, and the balance, if any, shall be paid to the owner, but where such amount is insufficient to meet in full the total amount of the admitted claims, every such claim shall abate in equal proportions and be paid accordingly.

25. Every amount advanced by the Central Government or the Custo- dian, as the case may be, for the management of a coking coal mine or coke oven plant shall be recovered from the income derived by such cok- ing coal mine or coke oven plant in respect of the period during which the management of such mine or plant remained vested in the Central Government:

Amounts advanced by the Central Govern- ment how to be re- covered.

Provided that where such income is insufficient to meet in full the

total amount of the advances made by the Central Government or the

Custodian for the management of the coking coal mine or coke oven

plant, the Central Government may make a claim to the Commissioner

for the deficiency of the amount so advanced and the claim in respect of

such deficiency shall have priority over the claims of all other unsecured

creditors of the coking coal mine or coke oven plant.

Explanation.—In this section, "Custodian" means the Custodian ap-

pointed under the Coking Coal Mines (Emergency Provisions) Act, 1971. 64 Of 1971.

26. (2) In the event of there being a doubt or dispute as to the right

of a person to receive the whole or any part of the amount referred to

Disputes how to be dealt with. in sections 10, 11 and 12, the Commissioner shall refer the matter to the

court for a decision, and shall make the disbursements in accordance with

the decision of the court.

(2) In relation to a coking coal mine or coke oven plant, the operations

of which were, immediately before the 17th day of October, 1971 under

the control of a managing contractor, the amount specified in the First

Schedule against such coking coal ni'ne or in the Second Schedule against

such coke oven plant shall be apportioned between the owner of the cok-

ing coal mine or coke oven plant and such managing contractor in such

proportions as may be agreed upon by or between the owner and such

managing contractor, and in the event of there being no such agreement,

In such proportions as may be detei mined by the court.

Explanation.—In this section, "court", in relation to a coking coal mine or coke oven plant, means the principal civil court of original jurisdic- tion within the local limits of whose jurisdiction the coking coal mine or coke oven plant is situated.

Undisburs- ed or unclaimed amounts to be deposited to the general revenue account.

27. Any money paid to the Commissiqner which remains undisbursed ] or unclaimed after such payment for a period of three years shall be , transferred by the Commissioner to the general revenue account of the j Central Government; but a claim to any money so transferred may be , preferred to the Central Government by the person entitled to such pay- ¹ ment and shall be dealt with as if such transfer had not been made, the : order, if any, for payment of the claim being treated as an order for the ' refund of revenue.

CHAPTER VII

MISCELLANEOUS

Effect of Act on other laws.

28. The provisions of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority.

29. (1) Every contract entered into by the owner or occupier of any

coking coal mine or coke oven plant for any service, sale or supply before

the appointed day shall, on and from the expiry of one hundred and

twenty days from the date of assent, cease to have effect unless such con-

tract is, before the expiry of that period, ratified, in writing, by the

Contracts cease to have effect unless ratified by the Central Govern- ment.

Central Government and in ratifying such contract the Central Govern-

ment may make such alterations or modifications therein as it may think

fit:

Provided that the Central Government shall not omit to ratify a

contract unless it is satisfied that such contract is unduly onerous or has

been entered into in bad faith or is detrimental to the interests of the

coking coal mine or coke oven plant.

(2) The Central Government shall not omit to ratify a contract or

make any alteration or modification therein except after giving to the

parties to the contract a reasonable opportunity of being heard and except

after recording in writing its reasons for refusal to ratify the contract.

Penalties. 30. Any person who,—

(a) having in his possession, custody or control of any property forming part of the undertaking of any coking coal mine or coke oven plant referred to in the First Schedule or the Second Schedule, as the case may be, wrongfully withholds such property from the Central Government, or

(b) wrongfully obtains possession of, or retains, any property forming part of the undertaking of any coking¹ coal mine or coke oven plant referred to in the First Schedule or the Second Schedule, as the case may be, or wilfully withholds or fails to furnish to the Central Government or any person specified by that Government, any document relating to such coking coal mine or coke oven plant, which may be in his possession, custody or control, or fails to deliver to the Custodian any assets, books of account, registers or other documents in his custody relating to the coking coal mine or coke oven plant in respect of which a Custodian has been appointed, or

(c) wrongfully removes or destroys any property of any coking coal mine or coke oven plant or prefers any claim under this Act in relation to such mine or plant, which he knows or has reasonable cause to believe to be false or grossly inaccurate,

he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

Offences by com- panies.

31. (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 the busi- ness 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 or that he had exercised all due dili- gence to prevent the commission of such offence,

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act 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 offcer of the company, such director, manager, secret- ary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punishd accordingly.

Explanation,—For the purposes of this section,—

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm,

Mining companies not to be wound up by court.

AC. i\o proceeding for the winding up of a mining company, the right, title and interest in relation to the coking coal mine or coke oven plant owned by which have vested in the Central Government or in a Govern- ment company under this Act or for the appointment of a receiver in res- pect of such business, shall lie in any court except with the consent of the Central Government.

Delegation of powers.

3.1. (1) The Central Government may, by notification, direct that all or any of the powers exercisable by it under this Act may also be exercised by any person or persons as may be specified in the notification.

(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government.

1-ower to 34. (1) The Central Government may, by notification, make rules to

male rules.

carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for all or any of the following matters, namely: —

(a) the manner in which the coking coal mines or coke oven

plants shall be managed by a Government company or a Custodian;

(b) the manner in which provident fund monies referred to in

section 18 shall be dealt with;

(c) the form and manner in which the statement of accounts re-

ferred to in section 22 shall be prepared;

(d) any other matter in relation to which such rule is required to

be, or may be, made.

(3) Every rule made by th. Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parlia- ment, 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 modifica- tion in the rule or both Houses agree that the rule should not be made, the rule 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 01 annulment shall be without prejudice to the validity of anything pre- viously done under that rule.

35. If any difficulty arises in giving effect to the provisions of this Act, Power to remove difficulties.

the Central Government may, by order, not inconsistent with the provi • sions of this Act, remove the difficulty:

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

of two years from the date of assent.

36. Nothing in this Act shall apply to any coking coal m i n e-

fa) owned or managed by a Government company or corporation

Cooking coal •nines to which the \ct shall not apply.

owned or controlled by Government:

(b) owned or managed by a company engaged in the production

of iron or steel:

Provided that this section shall not extend to such mine or part there-

of which, in the opinion of the Central Government, is in excess of the requirements for the production of iron and steel by that company,

THE FIRST SCHEDULE

(See sections 4 and 10)

Name of the mine

Locution of the mlnej

UName and address of the owners of the mine

Amount (in rupees) si. No.

2

I

5

4

3

Ownership under dispute.

6,77^50° i

. Post office Bcrmoj

Dhori fEB-i)

District Hazaribagh.

7,i9,oco

Gouri Shanker and Others, Por

3 Kalyani Sciected Kargali (EB-2) Pust Office Pichri,

Office Benno, Hazaribagh.

Di .trict Hazaribagh.

4,07,000

. Post Office, Pichri,

Khas Dhori CEB-3)

3

District Hazaribagh.

Khas Dhori Colliery Company, Post Office Katrasgarh, Dhan- bad.

. Post Office, Gomia,

Pipradih (EB-4) .

4

District Hazaribagh.

3,21,800

. Post Oiflce Pichri,

Pichri (EB-5)

5

District Hazaribagh.

Pacific Coal Company, Post Office Gomla, District Hazaribagh. Pichri Colliery Company Private Limited, Post Office Benno, Hazaribagh.

7^43.50 0 Selected Dhori (EB-6) .

Post Office Bermoj

6

District Hazaribflgh.

5^74,000

. Post Office Turiyo,

Turiyo (EB-7)

7

District Hazaribagh.

Selected Dhori Colliery, Post Office Katrasgarh, Dhunbad. Bhubaneswar Singh and Shiv- dayal Rathi Post Office, Jharia, Dhanbad ^•^ 1 1M J 111fcl•

8,30,500

. Post Office Turiyo,

Tarml (EB-8)

8

Tarmi Colliery Company, In-dustrial Bank Building, Pott

tDistrict Hazaribogh.

Office Jharia, Dhanbad.

4,O2XGO

, Post Office Karmatand

Albion (J-i)

9

Albion Colliery Company, Post Office, Karmatand, Dhanbad.

4,64,000 Bokaro Jharia CJ-3)

. Post Office Karmatand

10

Messrs. Agarwalla Brothers, Post Office Karmatand, Dhan- bad.

. Post Office Nudkhurkee Hazaribagh Coal Syndicate Pri-

8,39,300 North Damuda (J-3)

II

vate Limited, Post Office, Jharia, Dhanbad.

27,50,000

Post Office Nudk'iurkec

Kessurgarh (J-4)

12

Manbhoom Coal Syndicate Li- mited, Post Office Jharia, Dhan- bad.

I.-97J99-5O0

Post Office Nudkhurkee Post Office Bans) on Post Office Kusunda Post Office Bhowrah Oriental Coal Company L'rnited, 35, Brabotrrne Road., Cftlcirtn-i.

post Office Bhowrah

1? U 15 16 1} -_iS IS 2C

M"dhuband (J-5) . Kankanee (J-67) PootkeefJ-69) 1 AmUbadYj-188) ' Bhowaah North (J-189) t Bhowrah South (J-190) > Mohalbani (J-rpi) > Begunia (R-6)

, 2,88,000

Khas Boncdih (J-6)

Post Office Barakas, District Burdwan, Post OiB ^e Nawagarh

| 2I

K.C. Mukheriee and Others Post Office Hirapur, p h a n- bad.

3,03,00

Post Office Nudkhurkee

Benedih Coal Concern, Post

> Bonedih Q-7)

OfRco Katra",Dhanbad.

37,500 Khas Ganeshpur (J-8) .

. Post Office NawHgarh

13

Kha" Ganeshpur Coal Mine* Limited, 135, Canning Ktrwst Calcutt*.

Ganeshpur (J-9) ,

. Post OfHce Nawagarh

37.500

24

Ganeshpur Coal Company Pri- vate Limited, Post Office Ganethpur, Dhanbad.

Aihakuti Phularitand (J-10) . Post Office Kharkharee

l8,Ip,000

25

Ashakuti Coal Company Limi- ted, 1/1, Rowland Koad, Calcutta—2Q.

, Post Office Kharkharce

Mohanpur (J-n) .

5.000

36

New Bansjora (J-iai

. Post Office Kharkharee

r,4","oo

37

Shrimati Parbati Devi, Post Office Kharkharee, DhEi:bad. S. K. Sahana and Sons Private Limited, Post Office Khar- kharee, Dhanbad.

Khas Bhurangya (J-13)

5JOOO

, Post Office Mohuda

38

Khas Bhurangya Coal Company, Post Office Jharia, Dhanbad.

2

¹

4

3

5

Post Office Mohuda

29

HI,000

Raneedih/Pipratand (J-14)

Shri K. L. Sflblok, C/o Sudarsan

Muiors, Post Office Dhansar,

Dhanbad.

Post Office Mohuda

5,000

Hast Mucheraldih (J-15)

30

EHM Mn-heraidih Coal Company

Limited, Post Office Jharia,

Dhanbad.

Post Office Mohuda

21,300

New Huntodih (J-16) .

New Huntodih Coal Company

Limited, 178, Mahatma Gandhi

Road, Calcutta-I.

Post Office Mt'h- da

19,60,800

Bhatdec CJ-19)

33

Bengal Bhatdee Coal Company

Limited, 14, Nctaji Sushas

Road, Calcutta.

19,66,000

Kharkharcc (J-ao)

33

Pout Office Khaikharce Bharat Mining Corporation

Limited, 91, Stephen House

Dalhousic Square East.

Calcutta-1.

Po"t Office Kharkharee

39.500

N"w Sinidih (J-21)

34

Messrs. Bamandiha Coal Com- panv Limited, 3, Synagogue Street, Calcutta-1.

Post Office Katraegarh

16,300

Dharmaband (J-22)

35

II. M. Barat and M.C. Barat,

Post Office Katrasgarh] Dhan-

bud.

Sethis Mining and Manufactur-

Post Office Walkers

I2,05,CCO

New Dharmaband CJ-23)

36

ing Company Limited, 4, Bakul

Bagan Road, Calcutta.

Post Office Katrasgarh

5>i3.5cc

Sinidih (J-25)

37

Sinidih Colliery Concern Prhate

Limited, Post Office Katrasgarh

Dhanbad.

Post Office Tundoo

4,79,000

TundooKhas (J-26)

38

J. P. Lala & Sons Collieries Pri- vate Limited, Post Box No. 76,

XJilUIlUVUa

Post Office Katrasgarh

3,93.5oo Bilbera (J-27)

39

B. N. Mondal and Compenv, 22,

Canning Street, Calcutta.'

Post Office Sonardih

Jealgora Govindpur J-28)

2,90,500

40

Jealgora Govindpur Colliery Company Limited, Post Office Sonurdih, Dhanbad.

H. I. Pethak,Post Office Katras-

Post Office Katrasgarh

South Govindpur (J-29)

4,22,500

4i

garb, Dhanbad.

Post Office Sonardih

Bihar Collieries Limited, District

Diamond Tettuliya (J-30)

5,000

43

Dhanbad.

Post Office Malkcra

7>5O0

Central Tetturya (J-31)

43

Sri Tarapada Lodha & Others, Post Office Katmgarh, District Dhanbad.

Po?t Office Malkera

New Tentulia (J-32I

16,86,500

44

Tentulia Khas Colliery Company Limited, 25, Bwbourne Road, Cnlutta.

Post Office Katrasgarh

Central Kooridih Stmnrdih (J-33)

12,23,500

45

Central Kooridih Colliery Com-

pany, Post Office Katrasgarb,

Dhanbad.

Post Office Sonardih

New Goblndpur (J-34)

46

Poet Office Katrasgarh

I3J8O,QOO

Kkat Mehtadih CJ-35) .

47

Post Office Katrasgarh

Agardl (J-36)

3,78,800

48

Post Office Katrasgarh *

Katras Choltodih (J-37).

1,68,56,000

49

Mudidlh (J-62) "1

5°

Post Office Sijua

Badruchuk (J-63) /

Post Office Bansjora

Post Office Katrasgarh

Loyabad Q-6S) . Lakurka (J-38) "

7,27,000

52 53

Post Office Katrasgarh

Koiludih (J-39) . 1 .

20,08,000

54

East Katras (J-41) J

Lakurka Coal Company Limited, 3, Synagogue Street, Calcutta. Messrs. East Katras Colliery Company Private Limited, Post Office Katrasgarh, Dhanbad.

55

2,65,000

Khas Govindpur (J-40) , , Post Office Katasgarh

5"

East Salanpur (J-42)

Khas Govindpur Coal Company Private Limited, Post Office Katrasgarh, Dhanbad.

, Post Office Katrasgarh

2.67.5QO

57

58 Joint Salanpur (J-43)

\ 1

East Salanpur Colliery Company, Post Office, Karrasgarh, Dhan- bad.

IjOQ.QOO

Post Office Katrasgarh

Khas Salanpur (J-44) J North Salnnpur (J-45)

59 6c

Sahai Brothers (Receiver H. S. Sahai), Post Office Katrasgarh, Dhanabad.

5.000

. Post Office Katrmgarh

Selected Salanpur (J-46)

6 1.

Sclocted Salanpur Colliery Com- pany, Post Office Katrasgarh, £>hanbad.

1,84,500

. Post Office Kalrasgarh

Central Salanpur (J-47)

62

Central Salanpur Coal Concern, Post Office Katrasgarh, Dhan-

I,96,Roo

. Post Office Kalrasgarh

Lakurka Khas (J-48)

63

4,14,500

"1 Post Office Katrasgarh

64 Salanpur (J-49)

N-iw Lakurka (J-50)

65

Bhaim's [Debutter Estate, Post Office Katrasgarh, Dhanbad. M/s. New Lakurka CollieryCom- pany and Shrimati Sarojini Devi, Post Office, Kntrasgarh, Dhanbad

2,89,000

Na:ional Angarpathra (J-51) Post Office Katrasgarh

66

National Coal Company Private Limited, 48/1, Ram Turun Hose Lane, Calcutta-6.

4,51,000

Union Angarpathra (J-52)

Post Office Sijua

Un on Coal Company Limited, 135, Biplabi Rash Bchari Basu Road, CBlcutta-i.

12,42,000

Ncv" Manbhum Coal Company

. Post Office Sijua

Gaslltam J-53)

68

138, Biplabi Rash Behari Basu, Road, Calcutta-i.

4,70,000

. Post Office Katrasgarh

Ramkanali (J-54)

69

Trigunait (J-55)

70

KantaPahari(J-56)

71

Khas Angarpathra (J-57)

72

Bijali Kami Roy, Keshalpur House, Post Office Katras- garh, Dhanbad.

Post Office Katrasgarh

l6,2O,OCO

Jharia Khas (J-58)

73

East Angarpathra (J-59)

74

East Anaarpathra Colliery Com- pany Limited, Post Office Ka- trasgarh, Dhanbad.

Post Office Katrasjjarh

5,000

Mahabir Angarpathra (J-60) Diumontl Angnrpathra (J-61)

75 76

Diamond Angarpathra Colliery Company, Post Office Katras- garh, Dhanbad.

Post Office Sijua

T'lgta (J-64)

77

6,82,occ

Post Office Bansjora

endra(|-o5)

Senaia Bansiora-Gopal Gararia "1

79

9,99,tooo Jogta Coal Company Limited, Post Office Sijua, Dhanbad. Messrs. Hind Shippers Limited, 135, Biplabi Rash Behari Basu Road, Calcutta—1.

i8,29,or,i

NorU ultra (J-78)

''Post Office Bansjora

80

8t Gararla (J-79)

J

Gopalichuck (West) (J-70)

82

Messrs. Sendra Bansjora Co- lliery Company Private Limi- ted, 135, Canning Street, Calcutta—1.

fi,94.(.ot

S-Post Office Kusunda

Central Kirkcnd (J-71)

83

Central Kirkcnd Coal Company Limited, 91, Stephen House, Dalhousie Square East, Calcutta—1.

Motiram Roshanlal Coal Com-

Pust Office Kusunda

Moliram's Kirkend (J-72)

48,800

84

pany Private Limited, Dhanad.

Post Office Kusunda

Phuramal Agarwal, Post Office

18,800

Khas Kirkend CJ-73)

85

Dhansar, Dhanbad.

16,24,000

Kirkcnd (J-74)

86

S- Post Office Kusunda

New Marine (J-75)

87

New Marine Coal Company (Bengal) Limited, m, Chitta- ranjan Avenue, Calcutta.

Limited, 28-B, Netaji Subhas Road, Calcutta.

j8,8oo

Post Office Bansjorn

Central Gararia (J-So)

89

1,34,000

Post Office Bansjora

Gararia (J-81)

90

Post Office Bansjora

3,27,500

Chhota Bowa (J-82)

91

( cntral Gararia Colliery Com- pany Private Limited, Post Office Bansjora, Dhanbad. Tikmanl and Company, Post Office Bansjora, Dhanbad. C\ 1-i-ta Bowa Colliery Company 1 imited, Post Office Bansjora, I hanbad.

Murulidlh (J-17)

Post Office Mohuda

92

21,33,000

Kalyanji Mavji and Company,

Post Office Jharia

West Bhuggatdih CJ-93)

93

Industry (J-96) J,

Post Office Dhansar

14, Netaji Subhas Road, Calcutta—1.

94

Post Office Dhansar

49,49.000

Post Office Mohuda

West Ena CJ-97) Murulldih 20 and 21 Pits. (J-18)

95 96

"1 l'irgal Coal Company Limited, 1 A, Clive Row, Calcutta—1

Post Office Chirkunda,

Chanch (R-3)

97

District Dhanbad.

29/8,000

98   Maheshpur  (J-24)                  Pos:  Office  Katrasgarh T Mf.srs.  Sahu  Minerals  and Pro-
                                                                 y  pertica Limited, A-3, Prlthvi-
99 J                                    Post  Office  Kusunda   J   raj Road, Jaipur.

4,39,50o

IQO

Ekra Khas Q-76) Busseriya (J-83) "|

Post Office Kusunda

1 01

Busseriya Coal Company (Pri- vate) 1 imited, 13, Radha Bazar Lane, Calcutta—1.

Post Office Bansjora

1 02

IIJ300

Busseriya North )• and South (J-85) J East Ektra (J-84)

East Ekra Coal Compnay, C/o K. Worah, Jora Bangalow, Dhanbad.

1,75,3 co

Post Office Bansjora

103 North Busseriya (J-86)

North Busseriya'Colliery Com- pany, Post Office Bansjora, Dhanbad.

1,24,500

Post Office Kirkend

Surendra East Loyabad (J-87)

104

Surendra East'Loyabad Colliery, Company, Post Office Jharia, Dhanbad.

Post Office Kusunda

3,57,0OO

105   Gondudih  (J-88)                                           Central  Alkusa  Colliery  Com-
                                                                   pany,  Post  Office  Kusunda,
                                                                   Dhanbad.
1 06  Dhariajoba  (J-89)                Post  Office  Kirkend    M/s.  H.  D.  Agarwalla  &  Sons,

13,65,000

Po^t Office Jharia, Bihar.

107

Godhur Colliery Company, Post

Post Office Kusunda

Post Office Kusunda

33,07,000

West Godhur (J-90) '3odhur(J-9i)

Post Office Kusunda

19.27,500

Pure Kustorc (J-92)

Office Knsunda, Dhanbad. Pure Kustore Colliery Corrpany, Post Office Kusunda, Dhan- bad.

Post Office Kusunda KuBunda Nayadec Colliery Com-

Nayadcc Kusunda (J-93)

27,42,000

no

pany (Private) Limited, Post Office KuRunda Dhanbsd.

Post Office KusundB

I II

Not available.

5,oco

Post Office Kusunda "

1 13

Kusunda (J-94) Kendwadih (J-98)

Post Office Kusunda

South Bulliury (J-101)

1 13

93,28,500

Post Office Jcalgo ra

114 Jealgora CJ-1B4) "1

East India Coal Compnay Ltd., Post Office Jealgora, Dhanbad.

Bararcc Joyarampur (J-168)

"5

116

Post Office Kusunda

117

118

Post Office Kusunda

Bararce (J-18 5) J Balihari C.T.C. (J-99) KutchlBalihari(J-iOQ)

22,500

6,53,000

Not available. Balihari Colliery Company Limi- ted, 14, Netaji Subhas Road, Calcutta-1.

119

Post Office Bhagaband

Bhagaband(J-ioj)

33,58,000

The Borrea Coal Company Limi- ted, Chartered Bank Building, Calcutta-i.

Post Office Kusunda

1 20 Gonihadih (J-104)

12,90,500

Sri Biswanath Roy, Keehalpur House, Post Office Katrasgarh, Dhanbad.

I i Kendwadih (J-iO3N

Bhutgoria(J-losO

Post Office Bhaga

132

98,800

Equitable Coal Company Limi- ted, 1/2-Lord Sinha Road,

133

Calcutta-! 6.

1J

Post Office Kustore T

114

Hurrlladih(J-llQ) Alkusa South (J-1Q5)

Post Office Kusiore f

125 Kustore (J-106)

O I . P S J O OO

1 26 Burragarh (J-107)

Raneegunge Coal Association Limited, 3A, Chowringhee Place, Calcutta-13.

Po"t Offlce"Jh;i:ia J

137

}

Pure Burragarh (J-108) Simlabahal(J-m)

Post Office Jharia

128

4,93,coo

Shri P, Roy, Director and nomi- nated owner, Bhalgora Coal Company, 3, Synagogue Street, Calcutta.

Bhuggatdih (J- 112)

post Office Dhansar

6,47,000

129

Bengal Nagpur Coal Company, 5, Synagogue Street, Calcutta—I.

Post Office Dhansar

9.77,50O

1 30 BnflQ-113)

North West Coal Compnay Limited, 5, Synagogue Street, Calcutta,-;!.

1

Halt B'n'sgatdih Colliery Com-

Post Office Jharia

17,08,000

pany (Private) Limited, post Office Jh"ria, Dhanbad.

East Bhalgora (J-114) Khas Jharia (J-115) EastEna(J-il6) Bast Bhuggatdih (J-117I Selected Khaa Jharla (J-118) Seleced Jharia (J-119) Selected Model Jharia (J-121^ Bhalgora(J-i2o)

post Office Jharia

4.86,000

131 132 133 134 135 136 *37 138

Bhalgora Coal Company Limi- ted, 3, Synagogue Street,

,i

Calcutta-1.

New Khas JhariaCJ-122)

I3P

j

Post Office Jharia

15,000

140 Fularibad (J-12?)

Fularibad Colliery Company, Post Office Jharia, Dhanbad.

141

j

Post Office Jharia

2,39,000

SonaUbad (J-138) RajapurCJ-125)

142

Raiapui CoJHeryCompanyLimi- ted. Post Office jharia, Dhanbad.

2,67,000

post Office Jharia'

Khas Bhuggatdih CJ-126) J

Khns Bhi gnatdih CoJHery Com- pany, Post Office Jharia, Dhanbad.

New Pure Jharia (J-124) ~]

144

D.D. Thacker and Son", Dhanbad.

10,000

Post Office Jharia

54.3OO

Post Office Jharin

K. P. Dobari, Post Office Jharia.

Pure Jharia (J-127) J K. P. Dobari fj-i2f)

145 146

1,45,800

South Jharia (J-129) J

147

Post Office Jharia

J, K. Baneri.ee and Others, Post Box No. 46, Hirapur, District Dhanbad.

148 Model Jharia fJ-13?) 1

East Pure Jharia (J-130)

149

Owner not known. R. N. Bagchi and Brother!, 5/8,

5,000 3,43,3oo

Post Office Jbgria

Post Office Jharia

Dobar (J-13O

1 50

Middle Row- Calcutta.

151

Not available. KhoraRamJI. Posr Office Jharia,

5,000

5,000

Post Office Jharia

Post Office Jharia

East Model Jharia (J-132) Golden Jharia (J-i?4)

132

Dhanbad.

G.K. Dosea and Company, Post

5,000

post Office Jharia %

Fatehpur (J-135)

153

Office Jharia, Dhanbad.

5,000

post Office Jharia

Pure Durgapur (J-136)

154

Pure Durgapur Colliery Com- pany Private Limited, post Office Jharia, Dhanbad.

5,000

Khas Jharia CJ-T37)

Post Office Jharia

155

27,52.000

Fularibad Colliery Company, post Office Jharia, Dhanbad. S. B. Banerjee and Sons, Post

Post Office Jharia

Ganhoodih(J-i39)

156

Office Jharia, Dhanbad.

Not available.

post Office Jharia

157

5.000 "",8oo East Jharia (J-140) K . P. Ku]ama(J-i4i) "|

* J v

Poit Office Jharia

Jayaritilal Keshavji Bale, Dare House Jorapharak, Post Office Dhansar, Dhanbad.

Kujama Q-142) J

159

1

2

3

4

5

1 60

Ganji Dossa and Company-j Post

Post Office J ha Ha

North Kujama (J-I43)

63,500

Office Jharia, Dhanbad.

161 Central Kujama (J-144)

162 Nanji Ku]ama( J-145)

163 PandebcrafJ-146)

Post Office JhariB

Central Kujama Coal Concent

5,26,000

Post Office Jharia, Dhanbad.

164 Pure Kujama (J-I47)]

Kujama Pandebera (J-148)'

165

166 South Kujama (J-149)

Post Office Jharia

25,84,000

Bagdjgi Kujama Collieries Com- pany fis^e) Limited, Post Office Jharia, Dhanbad.

Goluckdih (J-130)

167

Post Office Jharia

13,96000

Goluckdih Colliery Company, 22, Burtolla Street, Calcutta.

168 South Goluckdih (J-151)

Messrs. Khimji Dosaa and Sons,

8,78,500

Post Office Jharia, Dhanbad.

169

and

Central JhariaQ-152)

Post Office Jharia

1 70 Indian Jharia (J-153)

South Goluckdih Coal Com- pany, post Office Jharia, Dan- uau.

171 Lower Upper Jharia (J-154) Post Office Jharia

i333,30O

Khimj'' Dossa& Sons, post Office

Thnnil T~5nflnhfld

17a Central Tisra(J-i55)

PuSLOffk J' •.: 11

2,71,000

Shri K. D. Singh, Post Office Jharia, Post Box No, 111, Dhanbad,

Tiara (D.D.) (J-156)

173

Dhanji Devji and Sons, Post

Post Office J'laria

2,72,800

Office, Jharia, Dhanbad.

Tisra (Diamond) (J-157)

Post Office Jharia

2,56,000

174

The Diamond Coal Company Limited, Post Office Jharia. Dhanbad.

Ti"ra (A.G.) (J-H8)

Post Office Jharia

3,38,jco

175

Amarsing Gowamal & Sons, Post Box No. 47, Jharia, Dhanbad.

Sree Commercial(J-159) 1

176

8,50,000

Post Office South Tisra

Bengal Jharia Colliery Company Private L'mited, Post Office South Tisra, Dhanbad.

177 Benpal Jharia (J-160) J

178 East India (J-161)

Khas Joyrampur (J-163) 1

179

3I35I,OOO

Post Office Khafl Jeena- Khas Joyrampur Colliery Com- gora. pany, Post Office Khas Jeetta- 1 80 Lower Joyrampur CJ-165) I-

gora, Dhanbad.

181 182

6,68,000

Pure Joyrampur (J-169) J South Tisra (J-162)

Post Office Tisra

South Tisra Colliery Company Private Limited, Post Office Jharia, Dhanbad.

Kallthan Jeenagora (J-164)

4^a,5co

Post Office Khas Teena-"| K.B. Seal and Sons, 28, Raja gora. [ K. L. Goswami Street, Post

1.

184 Kali than Suratand (T-175)

Post Office Jharia

\ Office Serampur. • District 1 Hooghly CWcst Bengal). 1 J

185 New Jeenagora (J-166)

I

186 Centra] Jeenagora (T-167I

a- Khas JeenagoraColliery Limited.

8,99,000

                                       V  PostOfflccKhaiJeen
187  North Bararee Teenagora (J-170)   I   g°ra.                  i?5,  Biplabi  Rash  Bihari
188   Khas Jeenagora  (J-171I                                     BasuRoad,    Calcutta-i.
189   Sri Jeenagora  (J-I73)
1 90 East Bararee  (J-t72)             f

3,05,500

Poir Office Khas Jeena-

gora.

Jeenagora East Bararee Colliery Company, Post Office Khas Jecnagora, Dhanbad.

New Suratand (7-1741

191

Not available.

5,000

Post Office Jharia

t

2

3

4

5

Niluri Patra Coal Company Limi-

Pj.t Office Jharia

192 Niluri PatraCJ-176)

5,000

ted, Post Office Jharia, Dhanbad.

North Burrakar Suratand (J-I77)")

193

-Post 0.11:- J'uria

North B.irrakar Lodna(J-i78) )

1,12,500

194

Lodna (J-179) J

195

The New Standard Coal Company (Private) Limited, 27, Palace Court, 1, Kyd, Street, Calcutta-16.

Post Office Bhaga

Standard Coal Company, Post

196 Standard (J-180) .

24,800

Office Bhaga, Dhanbad.

197

Si,80,8 00

Lodna (J--181) . . 1

Lodna Colliery Company (1920) Limited, 6, Lyons Kange; Calcutta,

P 1,1 O.ILc Jharia

Madhuban Lodna (J-182) V

193

199 BcBdigl(J'i83^ . J

3 00

Post Ollice Patherdih

Bhulanbararee Coal Company, 4,

Bhulanbararce (J-186)

15.13,300

Clive, Row, Calcutta-i.

3 01

P.i.t Dili.-; Patherdih

Lachmi Coal Company,31 Mullick

Lachmi(J-i87)

76)500

Street, Calcutta.

3 01

Poii Olli;c H'wwrah

Central Bhowrah(J-i92) .

30,000

Central Bhowrah Coal Company, Post Office Jharia, Dhanbad.

Post Office Bhoiudih

Sitanala(J-i93) . . . :

56,300 303

Mohatta Brothers, 19 ,British Indian Street, Calcutta-i.

204

Post Office Patherdih

Shrimati Jyotsna Devi, Post Office

East Bhowra (J-194) . . ]

349,000

Sitarampur, District Burdwan.

Post Offl.e Patherdih

5,000

EastSowardithQ-195) .

305

J.N. Supakar Brothers and Com- pany, Post Office Patherdih, Dhanbad.

Post Office Patherdih

206 Patherdih (J-196) .

56,500

Patherdih Sudamdih Colliery (Private) Limited, Post Office Patherdih, Dhanbad.

Post Office Patherdih

New Sudamdih (J-197) ,

1,97,000

207

New Sudamdih Colliery Com- pany, Post Office Patherdihj Dhanbad.

Post Office Patherdih

203

I3,oco Selected Patherdih (J-198) . !

Selected Patherdih COBI Company Limited, 12, Tarachand Dutta Street, Calcutta-i.

Post Office Jharia

5,000

209 New Chasnalla (J-199) .

New Chasnalla Coal Concern, Post Office Jharia, Dhanbad.

49,8QQ

Post Office Patherdih

Pure Chasnalla (J-200)

210

Pure Chasnalla Colliery Company 192, Cross Sfteetj Cakutta-7.

1,56,000

Junkundw (R-i) , . .

211

Post Office Chirkunda, District Dhanbad.

D. Mondal md Company Limited. Post Office Dishergarh, Dis- trict Burdwan, West Bengal.

¹6>53>ooo Laikdlh Deep (R-2) . . :

Katras-Jharia Coal Company

212

Post Office Chirkunda, District Dhanbad.

Limited, 8, Clive Row, Cal- cutta- 1

Victoria (R-4) ~[

213

Post Office Kultij New Birbhoom Coal Company 23.38.300

District Buidwan.

Victoria West (R-5) V

214

Limited, 8, Clive R o w, Calcutta-1.

THE SECOND SCHhDULE

(See sections 5 and n")

Name and address ot llu owiirt

re.i plan Location of the coke

Name of the coke ov

o\ en plant

ol the coke o\i:n plan.

Ami iirt (in rupit. ) SI No

2

r

4

3

i.

Piturec CokcComoa } I im t c'

Bin u c: C iki*Ph'*t

2i,-|: -00

4 C1I\BROM Ci1-i tta— 1.

S >[ th P"'liai j-K'-m wu- ¹ hCill ei- r"-t OfhV Kus -da, Pisti <_t Dhan'iuJ

Air si . Llhi sua Ci ke C> mpar\

liho.\ruC-ke Flint

n,7r o ro -

rih">v u S" 'n Coll 11\ P t Offi . Rhowra," Dislnct Dhaaba 1.

Bl irt th i\ 1' 1 'Lie I' bi Cir- cularKoat' Dhai jbad.

Ei li hi aioeGiI'ierj Dararee Coke Com"a j 1 ' 1 fe.

4,ChveRi>-w,Calc tta—-1.

Post Olfl Pathei iih, D / u c iD lauhad.

i_

2,oS,C00 Corral Bhowia

Ci^Til Hh 'vn 1 C 'llii-ry. Tost OIULC Ehowra, DibTnctDhaibid.

Ccr tral Bh'T"ra Coal C mpan\ (Private) Limited, Post Offi.'" jhana, and

C; malKooiLiLli

1 5O,O"JO 5.

Shiviam Singh and Company (Private ) Limited, Post Office Katratgaih, Dittrict Dhanbud.

6.

7-

Office Dhansar, Dlunbad.

)

3,zi,noo

f J.

I T.

STATEMENT OF OBJECTS AND REASONS

Coking coal is essential for the production of iron and steel but the resources thereof are severely limited and consequently careful conserva- tion of such resources Is required in the long terra interest of the steel industry. Such conservation can be achieved only by ensuring scientific development and efficient conduct of operations In each coalfield and by employing proper techniques of mining. Efforts were made in the past to rationalise and coordinate the development and mining of coking coal but these efforts did not succeed. It had, therefore, become urgently necessary to assume, in the public interest, complete responsibility for the reorganisation and reconstruction of the coking coal industry and the connected coke production so that adequate supplies of coal and coke may be ensured to meet the growing requirements of the steel industry. The Central Government, therefore, decided to nationalise the coking coal mines and coke oven plants as early as possible. As it was found that such nationalisation would take a long time to be effected, the management of 214 coking coal mines and 12 coke oven plants was taken over by the Government, pending nationalisation of such mines and plants, under the Coking Coal Mines (Emergency Provisions) Act, 1971 (No. 64 of 1971). The present Bill seeks to complete the process of nationalisation of the coking coal mines and coke oven plants by providing for the acquisition of the right, title and interest of the owners thereof.

S. MOHAN KUMARAMANGALAM.

NEW DELHI;

The 23rd July, 1972.

FINANCIAL MEMORANDUM

Clauses 10 and 11 of the Bill, respectively, provide for the payment, in cash, by the Central Government, to the owners of the coking coal mines/ coke oven plants, an amount equal to the amount specified against each such mine/plant in the First Schedule and the Second Schedule to the Bill, for vesting in the Central Government the right, title and interest of the owner in relation to such mine/plant. The total estimated amount involved on this account is likely to be of the order of Rs. 16,37,31,500.

2. Sub-clause (1) of clause 12 of the Bill provides for the payment in cash, by the Central Government, to the owners of such mine/plant a further amount equal to the amount which would have been, but for the retrospective operation of the provisions of clauses 4 and 5 of the Bill, payable to such owner under the Coking Coal Mines (Emergency Provi- sions) Act, 1971 (No. 64 of 1971), for the period commencing on the 1st day of May, 1972 and ending on the day on which the Bill becomes an Act. The amount involved on this account is estimated at Rs. 3.50 lakhs per month.

3. Sub-clause (2) of clause 12 provides for the payment of simple interest on the amounts referred to in clauses 10 and 11 at the rate of 4 per cent, per annum for the period commencing on the date on which the Bill becomes an Act and ending on the date on which payment of the said amounts is made to the Commissioner of Payments. It is esti- mated that the interest payments in terms of the provision of the said sub-clause are likely to be of the order of Rs. 5,46,000 per month.

4. Under clause 20 of the Bill a Commissioner of Payments will be appointed by the Government, with adequate staff to assist him, for the purpose of disbursing the amounts payable to the owners of each coking coal mine/coke oven plant. The salaries and allowances of the Commis- sioner of Payments and his staff and expenditure on office and establish- ment will be defrayed out of the Consolidated Fund of India. The esti- mated expenditure on this account is likely to be of the order of Rs. 20,000 per month.

5. The Bill, if enacted, is not likely to involve any other non-recurring

expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 34 of the Bill empowers the Central Government to make rules to carry out the provisions of the Bill. Such rules may provide for mat- ters, such as—

(a) the manner in which the coking coal mines or coke oven

plants shall be managed by a Government company;

(b) the manner in which provident fund monies referred to in

clause 18 of the Bill shall be dealt with; and

(c) the form and manner in which the statement of accounts

referred to in clause 22 of the Bill shall be prepared.

2. The matters in respect of which such rules may be made are gene- rally matters of procedure and administrative details and it is not practi- cable to provide for them in the Bill itself. The delegation of the legisla- tive power is, therefore, of a normal character.

S. L. SHAKDHER,

Secretaiy.

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