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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 33] NEW DELHI, WEDNESDAY, FEBRUARY 12, I975/MAGHA 23, 1896

Separate paging is given to this Part in order that it may be filed,

as a separate compilation

MINISTRY OF ENERGY

(Department of Coal)

NOTIFICATION

New Delhi, the 12th February 1975

G.S.R. 46 (E).—The following draft of certain rules which the Central Government proposes to make, in exercise of the powers conferred by section 18 of the Coal Mines (Conservation and Development) Act, 1974 (28 of 1974), is published, as required by sub-section (i) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft will be taken into consideration on or after the expiry of thirty-five days from the date of publication of this notification in the Official Gazette.

Any objection or suggestion which may be received from any person with respect to the said draft before the expiry of the period so specified will be considered by the Central Government,

CHAPTER I

PRELIMINARY

1. Short title—These rules may be called the Coal Mines (Conservation and Develop- ment) Rules, 1975.

2. Definitions.—In these rules, unless the context otherwise requires,

(a) "Account" means the "Coal Mine Conservation and Development Account" opened under section 10 of the Act;

(233)

234 T HE GAZETTE OF INDIA EXTRAORDINARY [PART *I-

(b) "Act" means the Coal Mines (Conservation and Development) Act 1974 (No

28 of 1974);

Committee constituted under rule 10;

(d) "Coal Controller" means the person appointed as the Coal Controller by'the

Government of India;

(e) "Form" means a form appended to these Rules; (f) "Section" means u section of the Act; (g) "Treasury" means any Government treasury or Sub-treasury

CHAPTER n

MEASURES FOR CONSERVATION AND DEVELOPMENT OF COAL MINES

3. Stowing for conservation.—For the purpose of conservation of coal the Central Government may under section 4 issue or cause to be issued an order in writing requiring the owner, agent or manager of any coal mine to undertake stowing in such manner and within such period as may be specified in the order.

4. Contravention of directions.—Any order issued under section 4 or sub-section (3) of section 11 of the Act shall be complied with by the owner, agent or manager of the coal mine concerned within the period specified (herein and failure to do so shall be deemed to be a contravention of these Rules.

5. Washing of coal for conservation,—For the purpose of conservation of coal under section 4 the Central Government may, by order in writing—

(i) require the owner, agent or manager of any coal mine to undertake washing of coal in such manner and within such period as may be specified in the order;

(ii) restrict the supply of coal of any grade or grades or qualities to specified con- sumers in accordance with any policy of coal conservation as may be determined by it from time to time;

(iii) require the owner of any steel works, blast furnace or coke oven, using coking, coal

6. Power of the Central Government to recover cost.—(1) The Central Government may recover from the owner, agent or manager of a colliery either wholly or partly the cost of such measures or operations as are undertaken by it under section 4, if it is satis- fied on consideration of all facts and circumstances that such recovery of cost is justified.

(2) The Central Government may permit the owner to meet cither wholly or partly the expenditure on account of recovery of the cost mentioned in sub-rule (1) from out of the moneys at (he credit of the Account.

7. Supply of Information.—Every owner, agent or manager shall furnish to the Coal Controller such information regarding production and despatch of coil from his mine of mines and working conditions in his mine or mines as may be specified by the Coal Controller. He shall also furnish to the Coal Controller such other information regarding opening, re-opening and closure of mines as may be required by the Coal Controller.

CHAPTER TTI

COLLECTION OF EXCISE DUTY

8. Collection and assessment of excise dnty.—(1) The duties of excise levied under section 6 shall be shown separately by (he owner, agent or manager of a coal mine in the bill prepared for the sale of coal and coke.

(2) When raw coal is despatched from the mine for coke miking (o a coke piint. or, as the case may be. for beieflciation to f coal washery under the same ownership as the'coal mine, the duties of excise shall not be collected on raw coal despatched from the mine but on the final product of the coke plant or coal washery, that is, on hard coke, soft coke, washed coal, middlings, rejects, etc.

•SEC. 3(i)] THE GAZETTE OF 1MDIA EXiRAOR ,INARY 235

(3) When raw coal is despatched from a mine for coke making to a coke pJuru or, as the case may be, for bencficiation to a coal washery, which is not under the same owner- ship as the coal mine, the duties of excise shall be collected by Lhc own;r, agent or manager of the coal mine on the raw coal despatched and not on ihe linal product of the coke plant or coal washery.

(4) Every owner, agent or manager of a coal mine shall maintain a register in Form 'A' showing the quantities of coal or coke actually despatched during a month, particulars of the parties to whom these were despatched and the prices charged therefor, and the amount of excise duly payable during a month at the rates fixed under section 6 shall be calculated and recorded in the register before the last day of the month following the month during which the despatches were effected.

(5) Every owner shall be deemed to have been provisionally assessed to an amount calculated and recorded under sub-rule (4) as payable during a month and he shall pay the same into the treasury, the remittance being creditable to the Central Government in a special account The payment shall be made within a period of ninety days from the close of the month during which despatches were effected.

(6) The payment under sub-rule (5) shall be made by means of a challan The treasury shall icturn one copy of the challan to (he depositor who shall transmit this copy under sub-rule (7) to the Coal Controller

(7) As soon as may be after the date of the payment of the duties of excise in the manner provided in sub-mle (6) and in any case not later than thirty days from the date of such payment, every owner of a coal mine shall submit to the Coal Controller a return in Form B' showinc the quantities of coal or coke despatched during the month in respect of which the payment has been made, the amount paid under sub-rule (6) and other particulars specified in that Form. The return shall be accompanied by the copy of the challan returned under sub-rule (6) by the treasury.

(8) The final assessment of (he duties of excise due from the owner of a coal mine shall be made by the Coal Controller after examination of the said return and other relevant documents, if any. For the purpose of final assessment under this sub-rule, the Coal Controller may depute a duly authorised officer to inspect and examine the account books and other records maintained al the premises of a coal mine and may by notice require, the owner to produce either personally or by his authorised representative the said records before the authorised officer at the time and place specified in the notice-

(9) W the owner has paid the duties of excise provisionally assessed under sub-rule (5) and has submitted the monthly return under sub-rule (7), the Coal Controller shall cither confirm that the amount of" duty provisionally assessed under sub-rule (5) is tonal and send an intimation to that effect lo the owner, where necessiry, shall assess the addi- tional amount found due and issue a notice calling upon the owner to pay into1 lhc treasury by a specified date the additional amount so found due in the manner prescribed in sub-rule (6) and if the amount paid under sub-rule (5) is in excess of the amount found due, the excess so paid 'shall be refunded to the owner,

(im If the owner has not made any payment under sub-rule (3) ^ h" not: sub- mitted the monthly return under sub-ruie (7), the Coal Controller shall, atle.giving t.i. owner a reasonable opportunity of being heard, assess him to such ™ ™n( ° duties of excise as in his opinnion is fit and proper and issue a notice calling upor him to pay the full amount into the treasury, by a specified date, in. the manner prescribed in sub rule (6).

(Ill Any dues of excise duty remaining unpaid after the dale. ^ f f ^ Jf ^ n l T r e v SS Controller shall be recovered from the owner of the colliery as an arrear of land revenue and shall be credited to the Central Government.

(121 Tn calculating the amount of duties of excise ^yable on inv ^e cot.sipr.meht any paisa shall be rounded off to the nearest five paise or multiple of five puse ana !K weight of a consignment shall be rounded off to the nearest tonne.

receipt of notice of such assessment:

Provided that "", such application shall be entertained unlc*.the amount U t t U c M .* already been paid in the manner specified m sub-rule (6) of that rule,

u. **>.,.* OF INDIA KXTHAOEOINARY [PART H—

(2) After examination of the records relating to the assessment and after hearing tha owner, if such owner requests for such hearing,—

(a) if the Coal Controller is satisfied that the excise duty assessed and paid by the owner is in excess of the amount due, he shall order refund to the owner of such amount as may have been paid in excess; or

(b) if, on tbo other hand, the Coal Controller is satisfied that the assessment has been mado correctly he shall confirm his order of assessment.

CHAPTER IV

COAL CONSERVATION AND DEVELOPMENT ADVISOHY COMMITTEE

10. Composition and functions o* ttro Advlsoiy Committee.—<1) For the purpose of determining the procedure for the disbursement of the net proceeds under section 9 and the manner in which, and the conditions subject to which, sums at the credit of tho Coal Mine Conservation and Development Account may be applied, the Central Government may constitute an Advisory Committee, to be called the "Coal Conservation and Deve- lopmont Advisory Committee" to advise that Government.

(2) The Advisory Committee shal] consist of the following members, namely:—

(i) Joint Secretary, Ministry of Energy (Department of Coal), ex-offlcio, who shall be the Chairman;

(ii) Financial Adviser and Joint Secretary, Ministry oi Finance (Department of Expenditure), eot-offlclo;

(iji) Three representatives of coal producing organisations to bo nominated by the Central Government;

(iv) Managing Director, Central Mine Planning and Design Institute, Coal Mines Authority Limited, ex-offlcio;

(v) Director General, Mines Safety, Ministry of Labour, ex-officio; (vi) Director, Central Fuel Research Institute, Dhanbad, ex-offido; (vi1) Director, Central Mining Research Station, Dhanbad, ex-offlcio; (viii) Coal Controller, Ministry of Energy (Department of Coal), ex-officio;

(ix) Director or, as the case may be Deputy Secretary, Ministry of. Energy (Depart- ment of Coat), ex-offlcio, who shall be the member-secretary.

(3) Without prejudice to the generality of the provisions contained in sub-rule (1), the functions of the Advisory Committee shall be—

SStfflc u S t l on of the coal reserves of the country!tog"g ", v"w the recommendations that may bo made In this regard by the Central Mine Planning and Design Institute, Coal Mines Authority Limited,

(b) to recommend measures which should be taken for—

(i) ensuring the conservation of tho coal resources,

fii) undertaking the development of the coal mine* in a scientific nfconer.

(in) undertaking research in relation to conservation of coal, development of coal mines and utilisation of coal,

(W) taptovhM. transportation by various mean, and distribution of coal, and

(v) better utilisation of coSi;

7L" "- ^toms lev.ed and e g ^ S S ^ ^ S ^^

^ ^ o T h e T ^ n t r^ S 73 " P ~, mentioned >n ""." 9;

SEC. .1

(f) to advise the Central Government on -the manner in which and the conditions subject to which financial assistance might be granted under the Act; (g) to advise the Central Government regarding the procedure that shonid be adopted for carrying out examinations, inquiries and inspections in order to ascertain whether the financial assistance granted under the Act is being or has been utilised for the purposes (or which it was sanctioned, aa also to ascertain whether the provisions of the Act or rules and orders made thereunder are being complied with;

(h) to recommend to the Central Government the action that ehould be token against those who make any default ra complying with the provisions of the Act, or of the rules and orders made thereunder, as also in implementing the schemes and measures for conservation and development sanctioned under the Act.

(4) The Advisory Committee shall meet when required by the Central Government to do so and shall have the power to regulate iu own procedure.

(5) The non-constitution of the Advisory Committae or the existence of any vacancy therein shull not render invalid the disbursement of any amounts under section 9 or any application of sums out of the sums standing to the credit of the Coal Mines Conservation and Development Account.

CHAPTER V

GRANT OP ASSISTANCE

11. Ptterruinatton of net proceeds of the duties erf excise.—For the purpose of section 9, the net proceeds of the duties of excise and customs levied und collected under sections 6 and 7 respectively, in & financial year, shall be determined after taking Into account the total amount of the duties collected, the refunds granted, the amounts written oft and the deduction towards the cost of collection of such duties as fixed by the Central Govern- ment.

12, Purposes for which met proceeds of the duties may be disbursed.—For carrying out the purposes specified in section 9, the Central Government may, having regard to the recommendations of the Advisory Committee malce disbursements to the owners of the coal mines or to any other person from out of the amounts lying in credit with the Government on kecount of the duties of excise and customs collected under the Act, and the said purposes may include one or more of the following, namely:—

(1) Conservation and Safety

(i) Stowing operations. (ii) Protective works, including—

(a) blanketing with incombustible materials; (b) filling up of a subsidence; (c) cutting of trenches; (d) construction of dams: (e) artificial barriers.

(iii) Special mining techniques obviating sand stowing. (iv) Surface protection measures including vacation of buildings and structures over areas of subsidence,

(v) Installation of stowing plants, blending plants and plants for the beneftciatiorr of coal.

(vi) Schemes for recovery and transportation of sand.

(2) Scientific Development of Coal Mines

(i) Development of new coal mining methods, development fcnd utilisation of exr plosives.

(ii) improvements in exploration, and drilling techniques, (iii) Techno-economic studies of various underground and surface transport systems in mine9.

(iv) Investigations into problems of rock btirst in deep mines, (v) Investigations into roof bolting under different mining conditions, (vi) Development of standardised designs for coal mines and mining machinery, (vii) Development of television and other electronic aids for application in miniDg.

238 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) Establishment and Organisation of Central Mine Planning and Desion Institute

(4) Utilisation of Coal

(i) Low Temperature Carbonisation projects.

(H) Formed coke projects,

(iii) Coal Gasification projects.

(iv) Project for conversion of coal into oil and chemicals.

(5) Research and Development

(i) Transportation of coal and sand through pipelines,

(ii) Other modes of transport, including inland waterways,

(iii) Investigations into suitability of waste materials for stowing in mines.

(iv) Investigations into problems of mines, fires and efficacy of different methods of dealing with them.

(v) Assessment of ventilation and other environmental conditions in mines and development of standards.

(vil Problems relating to Methane emission and drainage from highly gassy coal scams,

(vii) Development of instruments for measuring and recording mine gases, (viii) Research on surface pollution and environmental control in mining areas.

(6) Meeting the expenses in connection with the work of the Advisory Committee.

13 ADOllcation for awtotance.—Every owner, agent or manager of a coal mine or Boup of coal mines or any other person desirous of obtaining financial assistance, under the Act, shall submit his proposals to the Central Government.

14. Quantum of assistance.—Assistance shall be granted by the Central Government *vith due regard to the circumstances of each case.

respect of the Account.

(2) Such Statement shall be examined "and audited as provided in sub-section (3) of- Section 10.

m3^ S A r 't 17. Su^on o, Anne*. X ^ - ^y

C=nO ^ rcn f by

burned under section 9sha1 submit io me V f¹^ f h ^jstance received W him each year an Annual Report r e g a n^ ^ " " J "^ £ t^ s t a t e m e ot of Rec-Vts and ^ a ^ t o ' ^ w f f r ' A S ^ T e p Si in resect of the Account and the Statement of Receipts and Payments.

of the objects of the Act.

0, Evcv owner. ,""a. o, "..""- "' " . . X SZ t.nr'XE'™ C ""

SEC. : ( i )] THE OAZETTE OF INDIA, EXTRAORDINARY 239

Government in this behalf all reasonable facilities for inspection of the coal mine and the records in relation to the utilisation of the assistance as may be necessary for carrying out the objects of the Act,

CHAPTER VI

MISCELLANEOUS

19. Penally for contraventions.—Any contravention of these rules shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.

20. "Repeal.—The Coal Mines (Conservation and Safety) Rules, 1954 are hereby re- pealed.

FORM 'A

[See Rule 8 (4)]

Form of register shaming coal and coke despatched;, price charged and excise duty

Name of Coal mine

Owner

Month

Full Address

Year

Destination Date of despatch

Name of consignee

Grade and size of coal

T H E

Amount of excise duty collected

Rate of excise duty per

Quantity despatched and pitched

Treasury into which paid and Ctaallan N o.

Date of remittaij;e into trea- sury

tonne

price

G A Z E T T E

O F

N D

E X T R A O R D

N A R Y

[

P A R T

Signature and Seal of STATION

I I

O wne r/Agent; M anager.

—

ate:

* J #

FORM 'B'

[See Rule 8 (7)]

3 Form of return of duties of excise realised on despatches of coal and coke

( i ) ]

Owner

Name of Coal Mines

Month

Year

Full Address

T H E Quantity of Coal /Coke despatched

Remarks

during the month

Pit head price per tonne

Amount paid into treasury

Total price charge- able

Total excise duty payable

Rate of excise duty per tonne

Excise duty actually realised

Grade Sire Quantity

G A Z E T T E

O F

N D

E X T R A O R D

Certified that the above statements ate true to the best of my knowledge and belief and are based on records maintained in my coal mine.

N A R Y

STATION :

Signature and Seal of

Date ;

Owner/Agent/Manager

[No. F. 5/3/74-C4/C.P.C]

S. B. LAL. Jt. Secj.

^ 4 7

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, PRINTS) BY THE MANAKER, GOVEHNMENT OF INDIA : PRESS. MINTO HOAD, NEW TiET.TTT AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 75

Government, for any purpose in furtherance ↩