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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 21st October, 2014

THE COAL MINES (SPECIAL PROVISIONS)

ORDINANCE, 2014

No. 5 of 2014

Promulgated by the President in the Sixty-fifth Year of the Republic of India.

An Ordinance to provide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine

infrastructure together with mining leases to successful bidders and allottees with a view to ensure continuity in coal mining operations

and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national

interest and for matters connected therewith or incidental thereto;

WHEREAS the Supreme Court of India vide judgment dated 25th August, 2014 read with its order dated 24th September, 2014

has cancelled the allocation of coal blocks and issued directions with regard to such coal blocks and the Central Government in

pursuance of the said directions has to take immediate action to implement the said order;

AND WHEREAS it is expedient in public interest for the Central Government to take immediate action to allocate coal mines to

successful bidders and allottees keeping in view the energy security of the country and to minimise any impact on core sectors such as

steel, cement and power utilities, which are vital for the development of the nation;

¸ÀA¥ÀÄl 150

Volume 150

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Bengaluru, Thursday, January 29, 2015 (Magha 9, Shaka Varsha 1936)

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Issue 5

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AND WHEREAS the Central Government considers it necessary to prescribe the conditions to rationalise the coal sector for

mining operations, consumption and sale having regard to the coordinated and scientific development and utilisation of coal resources

consistent with the growing requirement of the country;

AND WHEREAS Parliament is competent to legislate under entry 54 of List I of the Seventh Schedule to the Constitution for

regulation of mines and mineral development to the extent to which such regulation and development under the control of Union is

declared by Parliament by law to be expedient in the public interest;

AND WHEREAS a Bill further to amend the Coal Mines (Nationalisation) Act, 1973 (26 of 1973) has been introduced and

pending in the Council of States;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased

to promulgate the following Ordinance:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. (1) This Ordinance may be called the Coal Mines (Special Provisions) Ordinance,

2014.

(2) It extends to the whole of India.

(3) It shall come into force at once.

2. Declaration as to expediency of Union action. It is hereby declared that it is expedient in the public interest that Union

should take action for the development of Schedule I coal mines and extraction of coal on continuous basis for optimum utilisation.

3. Definitions. (1) In this Ordinance, unless the context otherwise requires,-

(a)

additional levy shall mean, the additional levy as determined by the Supreme Court in Writ Petition (Criminal) No.

120 of 2012 as two hundred and ninety -five rupees per metric tonne of coal extracted;

(b)

allotment order means the allotment order issued under section 5;

(c)

appointed date in relation to

(i)

Schedule I coal mines excluding Schedule II coal mines, shall be the 24th day of September, 2014 being

the date on which the allocation of coal blocks to prior allottees stood cancelled; and

(ii)

Schedule II coal mines shall be the 1st day of April, 2015 being the date on which the allocation of coal

blocks to prior allottees shall stand cancelled,

in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed in Writ Petition (Criminal)

No. 120 of 2012;

(d)

bank shall have the same meaning as assigned to it in clause (c) of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002; (54 of 2002).

(e)

coal mining operations means any operation undertaken for the purpose of winning coal;

(f)

company shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013;

(18 of 2013).

(g)

corporation shall have the same meaning as assigned to it in clause (11) of section 2 of the Companies Act, 2013;

(h)

financial institution shall have the same meaning as assigned to it in clause (m) of section 2 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;

(i)

government company shall have the same meaning as assigned to it in clause (45) of section 2 of the Companies

Act, 2013;

(j)

mine infrastructure includes mining infrastructure such as tangible assets used for coal mining operations, being civil

works, workshops, immovable coal winning equipment, foundations, embankments, pavements, electrical systems,

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

crushing and conveying systems, railway sidings, pits, shafts, inclines, underground transport systems, hauling

systems, (except movable equipment unless the same is embedded in land for permanent beneficial enjoyment

thereof), land demarcated for afforestation and land for rehabilitation and re-settlement of persons affected by coal

mining operations under the relevant law;

(k)

nominated authority means the authority nominated by the Central Government under section 6;

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(l)

notification means a notification published in the Official Gazette and the expression "notify" shall be construed

accordingly;

(m) prescribed means prescribed by rules made under this Ordinance;

(n)

prior allottee means prior allottee of Schedule I coal mines as listed therein who had been allotted coal mines

between 1993 and 31st day of March, 2011, whose allotments have been cancelled pursuant to the judgment of the

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

which may have been de-allocated prior to and during the pendency of the Writ Petition (Criminal) No. 120 of 2012;

(o)

Schedule means a Schedule appended to this Ordinance;

(p)

Schedule I coal mines means,-

(i)

all the coal mines and coal blocks the allocation of which was cancelled by the judgment dated 25th August,

2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal) No.120 of 2012, including

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

Petition;

(ii)

all the coal bearing land acquired by the prior allottee and lands, in or adjacent to the coal mines used for

coal mining operations acquired by the prior allottee;

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

(q)

Schedule II coal mines means the forty-two Schedule I coal mines listed in Schedule II which are the coal mines in

relation to which the order of the Supreme Court dated 24th day of September, 2014 was made;

(r)

Schedule III coal mines means the thirty-two Schedule I coal mines listed in Schedule III or any other Schedule I

coal mine notified under sub-section (2) of section 7;

(s)

secured creditor shall have the same meaning as assigned to it in clause (zd) of section 2 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (54 of 2002)

(t)

secured debt shall have the same meaning as assigned to it in clause (ze) of section 2 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;

(u)

security interest shall have the same meaning as assigned to it in clause (if of section 2 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (54 of 2002).

(v)

specified end-use means any of the following end-uses and the expression "specified end user" shall with its

grammatical variations be construed accordingly:

(i)

production of iron and steel;

(ii)

generation of power including the generation of power for captive use;

(iii) washing of coal obtained from a mine;

(iv) cement;

(v)

such other end use as the Central Government, may by notification, specify.

(w)

vesting order means the vesting order issued under section 8.

(2) Words and expressions used herein and not defined, but defined in the Coal Bearing Areas (Acquisition and Development)

Act, 1957, (20 of 1957) the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) and the Coal Mines

(Nationalization) Act, 1973 (26 of 1973) including any rules or regulations made thereunder, shall have the meanings, respectively

assigned to them in those Acts.

CHAPTER II

AUCTION AND AllOTMENT

4. Eligibility to participate in auction and payment of fees. (1) Subject to the provisions of section 5, Schedule I coal mines

shall be allocated by way of public auction in accordance with such rules, and on the payment of such fees which shall not exceed five

crore rupees, as may be prescribed.

(2) Subject to the provisions in sub-section (3) of this section and section 5, the Central Government may, for the purpose of

granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal, select any of the following

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

(a)

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

between the Central Government or the State Government, as the case may, or any other company incorporated in

India; or

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(b)

a company or a joint venture company formed by two or more companies,

may carry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in accordance with

the permit, prospecting licence or mining lease, as the case may be, and the State Government shall grant such reconnaissance permit,

prospecting licence or mining lease in respect of any area containing coal to such company as selected through auction by competitive

bidding under this section.

(3) Subject to the provisions of section 5, the following persons who fulfil such norms as may be prescribed, shall be eligible to

bid in an auction of Schedule II coal mines and Schedule III coal mines and to engage in coal mining operations in the event they are

successful bidders, namely:-

(a)

a company engaged in specified end use including a company having a coal linkage which has made such

investment as may be prescribed;

Explanation.- A company with a coal linkage includes any such company whose application is pending with the Central

Government on the date of commencement of this Ordinance.

(b)

a joint venture company formed by two or more companies having a common specified end use and are

independently eligible to bid in accordance with this Ordinance;

(c)

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

any other company having common specified end use:

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

(4) A prior allottee shall be eligible to participate in the auction process subject to payment of the additional levy within such

period as may be prescribed and if the prior allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of

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

(5) Any prior allottee who is convicted for an offence relating to coal block allocation and sentenced with imprisonment for more

than three years, shall not be eligible to participate in the auction.

5. Allotment of mines to Government companies or corporations. (1) Notwithstanding the provisions contained in

sub-sections (1) and (3) of section 4, the Central Government may allot a Schedule I coal mine to a Government company or

corporation which is not ajoint venture with private company or to a company which has been awarded a power project on the basis of

competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I coal mines by making an allotment order in

accordance with such rules as may be prescribed and the State Government shall grant a reconnaissance permit, prospecting licence

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

Provided that the Government company or corporation may carry on coal mining in any form either for its own consumption, sale

or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be.

(2) An allotment may be made jointly to a joint venture of two or more Government companies or corporations:

Provided that a joint venture of any two or more Government companies or corporations shall be prohibited from alienating or

transferring any interest in the joint venture of whatsoever nature including ownership in favour of a third party.

(3) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the

additional levy within the specified period.

6. Central Government to act through nominated authority. (1) The Central Government shall appoint an officer not below

the rank of Joint Secretary to the Government of India as the nominated authority who shall act for and on behalf of the Central

Government for the purposes of this Ordinance and shall exercise such powers as may be prescribed.

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

conditions as may be prescribed to make recommendations to the authority for the conduct of auction and in drawing up of the vesting

order or allotment order in relation to Schedule I coal mines.

(3) The Central Government shall act through the nominated authority for the following purposes, namely:-

(a)

conduct the auction process and allotment with the assistance of experts;

(b)

execution of the vesting order for transfer and vesting of Schedule I coal mines pursuant to the auction;

(c)

executing the allotment order for any Government company or corporation in pursuance of section 5;

(d)

recording and mutating incorporeal rights of whatsoever nature including, consents, permissions, permits,

approvals, grants, registrations;

(e)

collection of auction proceeds, adjustment of preferential payments and transfer of amount to the respective State

Governments where Schedule I coal mine is located in accordance with the provisions of this Ordinance.

(4) The nominated authority shall complete the auction or execute the allotment orders of Schedule I coal mines within such

time and in accordance with such rules as may be prescribed.

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(5) The Central Government may appoint such other officers and staff as it may think fit to assist the nominated authority.

(6) The salaries and allowances and other terms and conditions of service of the nominated authority and such other officers

and staff appointed under this section shall be such as may be prescribed.

7. Power to classify certain Schedule I coal mines by Central Government. (1) The Central Government may, before

notifying the particulars of auction, classify mines identified from Schedule I coal mines as earmarked for the same class of specified

end uses.

(2) The Central Government may in public interest, by notification, modify Schedule III coal mines by adding any other

Schedule I coal mine for the purposes of specified end use.

8. Nominated authority to issue vesting order or allotment order. (1) The nominated authority shall notify the prior allottees

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

auctioned in accordance with such rules as may be prescribed.

(2) The information required to be furnished under sub-section (1) shall be furnished within a period of fifteen days from the date

of the notification.

(3) A successful bidder in an auction conducted on a competitive basis in accordance with such rules as may be prescribed,

shall be entitled to the vesting of Schedule I coal mine for which it bid, pursuant to a vesting order drawn up in accordance with such

rules.

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

(a)

all the rights, title and interest of the prior allottee, in Schedule I coal mine concerned with the relevant auction;

(b)

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

(c)

any statutory licence, permit, permission, approval or consent required to undertake coal mining operations in

Schedule I coal mines if already issued to the prior allottee;

(d)

rights appurtenant to the approved mining plan of the prior allottee;

(e)

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

(5) The nominated authority shall, in consultation with the Central Government, determine the floor price or reserve price in

accordance with such rules as may be prescribed.

(6) The successful bidder shall, prior to the issuance and execution of a vesting order, furnish a performance bank guarantee for

an amount as notified in relation to Schedule I coal mine auctioned to such bidder within such time, form and manner as may be

prescribed.

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

authority designated by the respective State Governments, the successful bidder shall be entitled to take possession of the Schedule I

coal mine without let or hindrance.

(8) Upon the execution of the vesting order, the successful bidder of the Schedule I coal mine shall be granted a prospecting

licence or a mining lease, as applicable, by the concerned State Government in accordance with the Mines and Minerals (Development

and Regulation) Act, 1957. (67 of 1957).

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

Central Government or the State Government, as the case may, or any other company incorporated in India, alloted a Schedule I coal

mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned State Government in accordance with

the Mines and Minerals (Development and Regulation) Act, 1957.

(10) In relation to Schedule II coal mines, the successful bidder which was a prior allottee, shall continue coal mining operations

after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (8) is granted, upon the grant

of a vesting order and to that extent, the successful bidder shall be deemed to have been granted a mining lease till the execution of the

mining lease in terms of the said Sub-section.

(11) In relation to Schedule II coal mines, the Government company or corporation which was a prior allottee can continue coal

mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (9) is

granted, upon execution of the allotment order and to that extent, the allottee shall be deemed to have been granted a mining lease till

the execution of the mining lease in terms of the said Sub-section.

(12) The provisions of sub-sections (1) and (2) and sub-sections (4) to (7) (both inclusive) of this section as applicable to a

vesting order, shall mutatis mutandis be also applicable to an allotment order.

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

mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with such rules as may be prescribed-

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(a)

payment to secured creditors for any portion of the secured debt in relation to a Schedule I coal mine which is

unpaid as on the date of the vesting order;

(b)

compensation payable to the prior allottee in respect of the Schedule I coal mine.

CHAPTER III

TREATMENT OF RIGHTS AND OBLIGATIONS OF PRIOR ALLOTTEES

10. Utilisation of movable property used in coal mining operations. (1) A successful bidder or allottee in respect of

Schedule II coal mines, may negotiate with prior allottee to own or utilise such movable property used in coal mining operations on such

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

(2) Where a successful bidder or allottee is not vested with any movable property of a Schedule I coal mine, then, he is not

bound by any liabilities or obligations arising out of such ownership or contractual rights, obligations or liabilities which shall continue to

remain with the prior allottee.

(3) In the event that the successful bidder or allottee is unable to satisfactorily negotiate with the prior allottee or any third party

who has a contract with the prior allottee for the movable property, it shall be the obligation of the prior allottee or the third party to

remove such movable property within a period not exceeding thirty days from the date of the vesting order, or the allotment order, as the

case may be, and the successful bidder or allottee shall not be liable for any damage to such property.

(4) A successful bidder or allottee which has elected not to purchase or transfer or continue to use the movable property

referred to in sub-section (1), shall prior to the execution of the vesting order or the allotment order, as the case may be, declare to the

nominated authority that he intends to move and store such movable property of the prior allottee or such third party and after the date

of the vesting order or the allotment order, as the case may be, the successful bidder or allottee shall be entitled to move and store such

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

(5) If a prior allottee or such third party which has contracted with the prior allottee for its movable property, fails to remove the

movable property which the successful bidder or allottee has elected not to purchase or use in accordance with sub-section (4), then,

after the period of seventy- five days from the vesting order or the allotment order, as the case may be, a successful bidder or allottee

shall be entitled to dispose off such movable property which may be physically located within Schedule II coal mine, the successful

bidder or the allottee, shall, in such event be entitled to appropriate the sale proceeds of such movable property disposed off to pay for

any cost incurred by the successful bidder or allottee, for the removal, storage, sale and disposal of such movable property, as a first

charge over the sale proceeds of such movable property:

Provided that the remaining sale proceeds after appropriation of costs, shall be paid by the successful bidder or allottee to the

Central Government towards any compensation that may be payable to the owner of such movable property sold, upon establishment of

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

Provided further that if a third party contractor to the prior allottee owns such movable property, then, such third party shall be

entitled to prove its right to receive compensation from the sale proceeds of the movable property sold as per this sub-section, in

accordance with such rules as may be prescribed.

11. Discharge or adoption of third party contracts with prior allottees. (1) Notwithstanding anything contained in any other

law for the time being in force, a successful bidder or allottee, as the case may be, in respect of Schedule I coal mines, may elect, to

adopt and continue such contracts which may be existing with any of the prior allottees in relation to coal mining operations and the

same shall constitute a novation for the residual term or residual performance of such contract:

Provided that in such an event, the successful bidder or allottee or the prior allottee shall notify the nominated authority to

include the vesting of any contracts adopted by the successful bidder.

(2) In the event t at a successful bidder or allottee elects not to adopt or continue with existing contracts which had been entered

into by the prior allottees with third parties, in that case all such contracts which have not been adopted or continued shall cease to be

enforceable against the successful bidder or allottee in relation to the Schedule I coal mine and the remedy of such contracting parties

shall be against the prior allottees.

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

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

(a)

continue with such facility agreements and security interest with the prior allottee if such prior allottee is a successful

bidder or allottee; and

(b) in the event that the prior allottee is not a successful bidder or allottee, then the security interest of such secured

creditor shall only be satisfied out of the compensation payable to such prior allottee, to the extent determined in

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

allottee.

(2) The Central Government shall, taking into consideration the provisions contained in section 9, prescribe the manner in which

the secured creditor shall be paid out of the compensation in respect of any prior allottee.

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13. Void alienations and permitted security interests. Any and all alienations of land and mine infrastructure and creation of

any encumbrances of whatsoever nature thereon which relate to Schedule I coal mines, made by any prior allottee after the 25th day of

August, 2014 shall be void, save and except any registered security interest and charge over the land and mine infrastructure as

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

14. Liabilities of prior allottees. (1) Notwithstanding anything contained in any other law for the time being in force, no

proceedings, orders of attachment, distress, receivership, execution or the like, suits for the recovery of money, enforcement of an

security or guarantee (except as otherwise provided for under this Ordinance), prior to the date of commencement of this Ordinance

shall lie, or be proceeded further with and no remedies shall be available against the successful bidder, or allottee, as the case may be

or against the land and mine infrastructure in respect of Schedule I coal mines.

(2) The proceedings as referred to in sub-section (1), shall continue as a personal remedy against the prior allottee but shall not

be maintainable or continued against the land or mine infrastructure of Schedule I coal mine or the successful bidder or allottee,

pursuant to this Ordinance.

(3) Every liability of any prior allottee in relation to a Schedule I coal mine in respect of any period prior to the vesting order or

allotment order, shall be the liability of such prior allottee and shall be enforceable against it and not against the successful bidder or

allottee or the Central Government.

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

(5) The additional levy imposed against the prior allottees of Schedule II coal mines shall continue to remain the liability of such

prior allottees and such additional levy shall be collected by the Central Government in such manner as may be prescribed.

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

(a)

no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to

a Schedule I coal mine in respect of any period prior to the date of vesting order or allotment order, as the case may

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

be;

(b)

no award, decree, attachment or order of any court, tribunal or other authority in relation to any Schedule I coal mine

passed prior to the date of commencement of this Ordinance, in relation to the land and mine infrastructure of

Schedule I coal mines, shall be enforceable against the Central Government or the successful bidder or the allottee,

as the case may be;

(c)

no liability for the contravention of any provision of law for the time being in force, relating to any act or omission

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

bidder or allottee or the Central Government.

15. Commissioner of Payments to be appointed and his powers. (1) For the purposes of disbursing the amounts payable to

the prior allottees of Schedule I coal mines, the Central Government shall appoint an officer not below the rank of Joint Secretary to the

Government of India, to be the Commissioner of Payments.

(2) The Central Government may appoint such other officers and staff as it may think fit to assist the Commissioner and

thereupon the Commissioner may authorise one or more of such officers to also exercise all or any of the powers exercisable by him

under this Ordinance.

(3) Any officer authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and

with the same effect as if they have been conferred on him directly by this Ordinance and not by way of authorisation.

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

appointed under this section shall be such as may be prescribed.

(5) The Central Government shall, within a period of thirty days from such date as may be notified pay to the Commissioner for

payment to the prior allottee, an amount equal to the compensation determined by the nominated authority.

(6) Separate records shall be maintained by the Commissioner in respect of each Schedule I coal mine in relation to which

payments have been made to him under this Ordinance.

16. Valuation of compensation for payment to prior allottee. (1) The quantum of compensation for the land in relation to

Schedule I coal mines shall be as per the registered sale deeds lodged with the nominated authority in accordance with such rules as

may be prescribed, together with twelve per cent. simple interest from the date of such purchase or acquisition, till the date of the

execution of the vesting order or the allotment order, as the case may be:

(2) The quantum of compensation for the mine infrastructure in relation to Schedule I coal mines shall be determined as per the

written down value reflected in the statutorily audited balance sheet of the previous financial year in accordance with such rules and in

such manner as may be prescribed.

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(3) If the successful bidder or allottee is a prior allottee of any of the Schedule I coal mines, then, the compensation payable to

such successful bidder or allottee shall be set off or adjusted against the auction sum or the allotment sum payable by such successful

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

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

CHAPTER IV

POWERS OF THE CENlRAL GOVERNMENT AFTER THE APPOINTED DATE

17. Responsibility of Central Government after the appointed date. (1) On and from the appointed date, the Central

Government or a company owned by the Central Government shall be deemed to have become the lessee or licensee of the State

Government in relation to each of the Schedule II coal mines, in respect of which a mining lease or prospecting licence has been

granted prior to the date of commencement of this Ordinance, as if a mining lease or prospecting licence in relation to such coal mine

had been granted to the Central Government or a company owned by the Central Government and the period of such lease or licence

shall be the maximum period for which such lease or licence could have been granted by the State Government under the Mineral

Concession Rules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other rights shall be

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

(2) On the expiry of the term of any lease or licence, referred to in sub-section (I), such lease or licence shall be renewed, by the

State Government, in consultation with the Central Government for the maximum period for which such lease or licence can be renewed

under the Mineral Concession Rules, 1960.

(3) As it is considered expedient and necessary in the public interest and in view of the difficult situation which has arisen, the

powers of the State Government, under the Mines and Minerals (Development and Regulation) Act, 1957, (67 of 1957) to prematurely

terminate a prospecting licence or mining lease, shall stand suspended, in relation to Schedule I coal mines, for a period of one year

from the date of commencement of this Ordinance or such other period as may be notified by the Central Government.

18. Central Government to appoint designated custodian. (1) On and from the appointed date, if the auction or allotment of

Schedule I coal mines is not complete, the Central Government shall appoint any person as a designated custodian for such coal mines

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

(2) The designated custodian shall act for and on behalf of the Central Government in respect of the notified coal mines under

sub-section (1) to operate and manage such Schedule I coal mines in such manner as may be notified, till the completion of the auction

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

19. Powers and functions of the designated custodian in respect of Schedule II coal mines. (1) The designated custodian

appointed under sub-section (1) of section 18, shall be entitled to take control and possession of all lands, in or adjacent to Schedule II

coal mines, and used for coal mining operations and the mine infrastructure in relation to Schedule II coal mine, on behalf of the Central

Government.

(2) The designated custodian may direct the prior allottees or any other persons in-charge of the management of the Schedule II

coal mine and coal mining operations immediately before the appointed date to provide the requisite manpower, as may be necessary,

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

(3) The designated custodian shall receive, to the exclusion of all other persons, any monies due to Schedule II coal mines,

notwithstanding cases where such receipt pertains to a transaction made at any time before the appointed date.

(4) The designated custodian may call for any information, records and documents in relation to Schedule II coal mines and coal

mining operations from any or all such persons who were in charge of the management and operation of such Schedule II coal mines

prior to the appointed date, and such persons shall be bound to deliver to the designated custodian all such documents in their custody

relating to Schedule II coal mines.

(5) The designated custodian may appoint such consultants or experts, as may be necessary, in relation to the management

and operation of Schedule II coal mines.

(6) The designated custodian shall transfer the management and operation of any Schedule II coal mines to such person in

such manner as may be prescribed.

(7) The designated custodian shall have the power to perform such other functions which may be consequential or incidental to

the functions specified under this section.

(8) Notwithstanding anything contained in any other law for the time being in force, the designated custodian shall, in exercise of

its or powers or the performance of its functions under this Ordinance, be bound by such directions on questions of policy, as the

Central Government may give in writing to it from time to time.

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CHAPTER V

CERTAIN ARRANGEMENTS

20. Power of Central Government to approve certain arrangements. (1) A successful bidder or allottee or coal linkage

holder shall, with prior approval of the Central Government and in accordance with such rules as may be prescribed, be entitled to enter

into certain agreements or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum

utilisation of coal mine for the same end uses in the public interest and to achieve cost efficiencies.

(2) A successful bidder or allottee may also use the coal mine from a particular Schedule I coal mine for any of its plants

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

CHAPTER VI

MISCELLANEOUS

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

in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (30 of 2013) in relation to Schedule I coal mines, shall continue in

respect of such areas of land in accordance with the provisions of the said Act.

(2) All such areas of land which are not subject matter of land acquisition proceedings, in relation to the coal mines, under the

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (20 of 2013) may be

proceeded with by the Central Government in terms of the Coal Bearing Areas (Acquisition and Development) Act, 1957. (20 of 1957)

(3) The State Governments which have initiated land acquisition proceedings under provisions of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (20 of 2013) and all such lands which

are also subject matter of the said Act in respect of Schedule I coal mines, shall-

(a)

not transfer any land to the prior allottees which have been acquired under the said Act;

(b)

continue the land acquisition proceedings till the appointed date;

(c)

for such Schedule I coal mines which have not vested in the successful bidder or the allottee, as the case may be,

by the appointed date, continue the land acquisition proceedings for and on behalf of the Central Government;

(d)

upon the vesting or the allotment, as the case may be, after the appointed date, continue such land acquisition

proceedings on behalf of the successful bidder or the allottee.

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

Government within the specified time, then, such additional levy shall be realised as the arrears of land revenue.

23. Penalties for certain offences. If any person-

(a)

obstructs or causes any impediment in taking possession or in the management and operation of the Schedule I

coal mines by the Central Government or the designated custodian; or

(b)

fails to deliver to the designated custodian any books of account, registers or any other document in his custody

relating to Schedule I coal mines and coal mining operations in respect of the management of which the designated

custodian has been appointed; or

(c)

destroys or misuses any mine infrastructure or coal stock; or

(d)

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

he and any officer-in-default of the company shall be punishable with imprisonment for a term which may extend to two years, or with

the minimum fine of one lakh rupees per day and in the case of continuing failure, with a maximum fine of two lakh rupees for every day

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

24. Penalty for failure to comply with directions of Central Government. If any person fails to comply, without reasonable

cause, with a direction given by the Central Government or nominated authority or the designated custodian, he shall be punishable with

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

failure continues, depending upon the nature of the offence.

25. Offences by companies. (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 conduct of business of the company as well

as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the

offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company

and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of

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any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to

be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

26. Cognizance of offences. No court shall take cognizance of any offence punishable under this Ordinance or any rules made

thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or nominated

authority or the designated custodian.

27. Ordinance to have overriding effect. The provisions of this Ordinance shall have effect, notwithstanding

anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any

such law.

28. Amendment of certain Acts contained in Schedule IV. On and from the date of commencement of this Ordinance, the

Coal Mines (Nationalisation) Act, 1973 (26 of 1973) and the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957)

shall stand amended in the manner provided in Schedule IV.

29. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, and subject to the condition

of previous publication, make rules for carrying out the provisions of this Ordinance.

(2) In particular, and without prejudice the generality of the foregoing power, such rules may provide for all or any of the

following matters, namely:-

(a)

the manner of allocation of Schedule I coal mines by way of public auction and details of fees under sub-section (1)

of section 4;

(b)

the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner

and conditions of competitive bidding under sub-section (2) of section 4;

(c)

norms to become eligible to bid in an auction and the amount of investment in respect of a company having a coal

linkage under sub-section (3) of section 4;

(d)

the period within which the payment of additional levy by the prior allottee under of sub-section (4) of section 4;

(e)

the allotment order to make allocations to a Government company or corporation under sub-section (3) of section 5;

(f)

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

(g)

the manner of bidding for Schedule II coal mines and execution of the allocation orders under sub-section (5) of

section 6;

(h)

the salaries and allowances and other terms and conditions of service of the nominated authority and other officers

and staff under sub-section (6) of section 6;

(i)

the manner of notifying the particulars of Schedule I coal mines to be auctioned and furnishing of required

information by the prior allottees under sub-section (1) of section 8;

(j)

the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8;

(k)

determination of floor price by the nominated authority under sub-section (5) of section 8;

(l)

the form and manner of furnishing of bank guarantee and the time within which such furnishing of bank guarantee

under sub-section (6) of section 8;

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

(n)

the manner of establishing title of movable property by the prior allottee or third party who has a contract with the

prior allottee for the movable property under the first proviso to sub-section (5) of section 10;

(o)

the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to

sub-section (5) of section 10;

(P) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under

sub-section (2) of section 12;

(q)

the manner of collection of additional levy by the Central Government from the prior allottees of Schedule II coal

mines under sub-section (5) of section 14;

(r)

the salaries and allowances and other terms and conditions of service of the Commissioner of Payments and other

officers and staff under sub-section (4) of section 15;

(s)

the manner of determination of compensation payable to prior allottee and the lodging of registered sale deeds with

the nominated authority under sub-section (1) of section 16;

(t)

the method of determination of compensation for mine infrastructure in relation to Schedule I and its reflection in the

statutorily audited balance sheet under sub-section (2) of section 16;

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(u)

the manner of transfer ofthe management and operation of any Schedule II coal mines by the designated custodian

under sub-section (6) of section 19;

(v)

the manner of providing agreements or arrangements for optimum utilisation of coal mined for specified end uses

under sub-section (l) of section 20;

(w) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2) of

section 20;

(x)

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

(3) Every rule made under and every notification issued by the Central Government, under this Ordinance, shall be laid, as soon

as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be

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

session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification, or both Houses

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

of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of

anything previously done under that rule or notification.

30. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central

Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as

appear to it to be necessary or expedient for removing the difficulty:

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

Ordinance.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

SCHEDULE-I

[See section 3(l)(p)]

SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

1.

Tadicherla - I

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

2.

Anesttipali

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

3.

Punkula -Chilka

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

4.

Penagaddppa

Andhra Pradesh Power Generation Corpn. Ltd.

Andhra Pradesh

5.

Namchik

Arunachal Pradesh Mineral Dev. & Trading Corporation

Arunachal Pradesh

Namphuk

6.

Sayang

AES Chhattisgarh Energy Pvt. Ltd.

Chhattisgarh

7.

Rajgamar Dipside

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

(Deavnara)

Consortium Coalfield Pvt. Ltd.

Chhattisgarh

8.

Durgapur – II/

Bharat Alluminium Company Ltd.

Chhattisgarh

Taraimar

9.

Datima

Binani Cement Ltd.

Chhattisgarh

10.

Tara

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

11.

Gare Pelma, Sector-I

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

12.

Shankarpur

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

Bhatgaon II Extn.

13.

Sondhia

Chhattisgarh Mineral Development Corporation Limited

Chhattisgarh

14.

Parsa

Chhattisgarh State Electricity Board

Chhattisgarh

15.

Vijay Central

Coal India Limited, SKS Ispat & Power Ltd.

Chhattisgarh

16.

Gidhmuri

Chattishgarh State Electricity Board

Chhattisgarh

17.

Paturia

Chattishgarh State Electricity Board

Chhattisgarh

18.

Durgapur-II /Sarya

DB Power Ltd.

Chhattisgarh

19.

Bhaskarpara

Electrotherm (India) Ltd.,Grasim Industries Ltd.

Chhattisgarh

20.

West of Umaria

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

Chhattisgarh

21.

Morga II

Gujrat Mineral Development Corporation

Chhattisgarh

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SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

22.

Gare Pelma

Goa Industrial Development Corporation

Chhattisgarh

Sector III

23.

Madanpur South

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

Chhattisgarh

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

MSP Steel & Power Ltd., Chhattisgarh Captive Coal Mining Ltd.

(Consortium of five Cos.)

24.

Nakia l

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

Chhattisgarh

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

25.

Nakia ll

Ispat Godavari,lnd Agro Synergy,Shri Nakoda Ispat,Vandana Gobal

Ltd.,Shree Bajrang Power & Ispat Ltd.

Chhattisgarh

26.

Gare-Palma- IV /4

Jayaswal Neco Ltd.

Chhattisgarh

27.

Gare Palma IV /8

Jayaswal Neco Ltd.

Chhattisgarh

28.

Gare-Palma-IV/2

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

Chhattisgarh

29.

Gare-Palma-IV/3

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

Chhattisgarh

30.

Gare-Palma-IV/l

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

Chhattisgarh

31.

Gare Palma IV /6

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

Chhattisgarh

32.

Fatehpur East

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

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

Chhattisgarh

33.

Morga-I

Madhya Pradesh State Mining Corporation Limited

Chhattisgarh

34.

Morga III

Madhya Pradesh State Mineral Corporation Limited

Chhattisgarh

35.

Morga IV

Madhya Pradesh State Mineral Corporation Limited

Chhattisgarh

36.

Gare Pelma Sector II

Maharashtra State Mining Corpn Ltd.,Tamil Nadu State

Chhattisgarh

Electricity Board

37.

Gare-Palma-IV/5

Monet Ispat Ltd.

Chhattisgarh

38.

Rajgamar Dipside

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

Chhattisgarh

(South of Phulakdih

Nala)

39.

Talaipali

National Thermal Power Ltd.

Chhattisgarh

40.

Chotia

Prakash Industries Ltd.

Chhattisgarh

41.

Gare-Palma-IV/7

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

Chhattisgarh

42.

Parsa East

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

43.

Kesla North

Rathi Udyog Ltd.

Chhattisgarh

44.

Kanta Basan

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

45.

Panchbahani

Shree Radhe Industries Ltd.

Chhattisgarh

46.

Fatehpur

SKS Ispat and Power Ltd., Prakash Industries Ltd.

Chhattisgarh

47.

Madanpur (North)

Ultratech Ltd., Singhal Enterprise Ltd., Nav Bharat Coalfield Ltd.,

Chhattisgarh

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

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

(Consortium of five Co. )

48.

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

49.

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

50.

Meral

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

51.

Seregarha

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

Jharkhand

52.

Patal East

Bhushan Power and Steel Ltd.

Jharkhand

53.

Saria Koiyatand

Bihar Rajya Khanij Vikas Nigam (BRKVN) Patna

Jharkhand

54.

Macherkunda

Bihar Sponge Iron Ltd.

Jharkhand

55.

Brahmadiha

Castron Technologies Ltd.

Jharkhand

56.

Mahuagarhi

Calcutta Electricity Supply Corporation Ltd. (CESC), Jas

Jharkhand

Infrastructure Capital Pvt. Ltd.

57.

Chitarpur

Corporate Ispat Alloys Ltd.

Jharkhand

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SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

58.

Saharpur Jamarpani

Damodar Valley Corporation

Jharkhand

59.

Lalgarh (North)

Domco Smokeless Fuel Pvt. Ltd.

Jharkhand

60.

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

61.

Chakla

Essar Power Ltd.

Jharkhand

62.

Ashok Karkatta

Essar Power Ltd.

Jharkhand

Central

63.

Jainagar

Gujarat Mineral Development Corporation (GMDC)

Jharkhand

64.

Tokisud North

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

65.

Tubed

Hindalco Industries Ltd., Tata Power Company Ltd.

Jharkhand

66.

Moitra

Jayaswal Neco Ltd.

Jharkhand

67.

North Dhadu

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

castings Ltd, Adhunik Alloys & Power Ltd.

Jharkhand

68.

Banhardih

Jharkhand State Electricity Board

Jharkhand

69.

Sugia Closed mine

Jharkhand State Mineral Development Corporation

Jharkhand

70.

Rauta Closed mine

Jharkhand State Mineral Development Corporation

Jharkhand

71.

Burakhap small

Jharkhand State Mineral Development Corporation

Jharkhand

patch

72.

Pindra-Debipur-

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

Khaowatand

73.

Latehar

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

74.

Patratu

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

75.

RabodihOCP

Jharkhand State Mineral Development Corporation Ltd.

Jharkhand

76.

Jogeshwar &

Jharkhand State Mineral Development Corporation

Jharkhand

Khas Jogeshwar

77.

Jitpur

Jindal Steel & Power Ltd.

Jharkhand

78.

Amarkonda

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

Jharkhand

Murgadangal

79.

Urma Paharitola

Jharkhand State Electricity Board, Bihar State Mineral Development

Jharkhand

Corporation Ltd.

80.

Rohne

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

Jharkhand

81.

Gomia

Metals and Minerals Trading Corporation

Jharkhand

82.

Rajhara North

Mukund Limited,Vini Iron & Steel Udyog Limited

Jharkhand

(Central & Eastern)

83.

Dumri

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

Jharkhand

84.

Kerandari

National Thermal Power Ltd.

Jharkhand

85.

Chatti Bariatu

National Thermal Power Ltd.

Jharkhand

86.

Chhati Bariatu South

NationalThermal Power Ltd.

Jharkhand

87.

Brahmini

National Thermal Power Ltd.+ Coal India Limited JV

Jharkhand

88.

Chichro Patsimal

National Thermal Power Ltd.+ Coal India Limited JV

Jharkhand

89.

Pachwara Central

Punjab State Electricity Board

Jharkhand

90.

Mahal

Rashtriya Ispat Nigam Limited

Jharkhand

91.

Tenughat -Jhirki

Rashtriya Ispat Nigam Limited

Jharkhand

92.

Bundu

Rungta Mines Limited

Jharkhand

93.

Mednirai

Rungta Mines Limited, Kohinoor Steel (P) Ltd.

Jharkhand

94.

Choritand Tiliaya

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

Jharkhand

95.

Sitanala

Steel Authority of India Ltd.

Jharkhand

96.

Ganeshpur

Tata Steel Ltd., Adhunik Thermal Energy

Jharkhand

97.

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

38

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SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

98.

Rajbar E&D

Tenughat Vidyut Nigam Limited

Jharkhand

99.

Gondulpara

Tenughat Vidyut Nigam Limited, Damodar Valley Corporation

Jharkhand

100.

Kotre - Basantpur

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

Jharkhand

101.

Pachmo

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

Jharkhand

102.

Lohari

Usha Martin Ltd.

Jharkhand

103.

Kathautia

Usha Martin Ltd.

Jharkhand

104.

Pachwara North

West Bengal Power Development Corporation Limited (WBPDCL)

Jharkhand

105.

Suliyari

Andhra Pradesh Mineral Development Corporation

Madhya Pradesh

106.

Bikram

Birla Corporation Ltd.

Madhya Pradesh

107.

Gotitoria (East)

BLA Industries Ltd.

Madhya Pradesh

108.

Gotitoria (West)

BLA Industries Ltd.

Madhya Pradesh

109.

Mahan

Essar Power Ltd., Hindalco Industries Ltd.

Madhya Pradesh

110.

Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

111.

Urtan North

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

Madhya Pradesh

112.

Thesgora-B/

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

Madhya Pradesh

Rudrapuri

113.

Amelia

Madhya Pradesh State Mining Corporation

Madhya Pradesh

114.

Amelia (North)

Madhya Pradesh State Mining Corporation

Madhya Pradesh

115.

Mandla South

Madhya Pradesh State Mining Corporation Ltd.

Madhya Pradesh

116.

Dongeri Tal-II

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

117.

Marki Barka

Madhya Pradesh State Mining Corporation (MPSMC)

Madhya Pradesh

118.

Semaria/Piparia

Madhya Pradesh State Mining Corporation (MPSMC)

Madhya Pradesh

119.

Bicharpur

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

120.

Tandsi -III &

Mideast Integrated Steels Ltd.

Madhya Pradesh

Tandsi -III (Extn.)

121.

Sahapur East

National Mineral Dev. Corp.

Madhya Pradesh

122.

Sahapur West

National Mineral Dev. Corp.

Madhya Pradesh

123.

Mara II Mahan

NCT of Delhi, Delhi, Haryana Power Generation

Madhya Pradesh

Corp. Ltd. (HPGCL)

124.

Sial Ghogbri

Prism Cement Limited

Madhya Pradesh

125.

Brahampuri

Pushp Steel and Mining Ltd.

Madhya Pradesh

126.

Rawanwara North

SKS Ispat Limited

Madhya Pradesh

127.

Bander

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

Maharashtra

I.K.Cement Ltd.

128.

Marki Mangli - I

B.S. Ispat Ltd.

Maharashtra

129.

Takli-Jena- Bellora

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

Maharashtra

(North) &

Takli-Jena-

Bellora (South)

130.

Dahegaon/

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

Maharashtra

Makard hokra- IV

Lafarge India Pvt. Ltd.

131.

Gondkhari

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

Maharashtra

Kesoram Industries Ltd.

132.

Marki-Zari-

Maharashtra State Mining Corpn. Ltd.

Maharashtra

Jamani - Adkoli

133.

Lohara (East)

Murli Industries Ltd.,Grace Industries Ltd.

Maharashtra

134.

Khappa & Extn.

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

Maharashtra

135.

Lohara West Extn.

Adani Power Ltd.

Maharashtra

136.

Warora West

Bhatia International Ltd.

Maharashtra

(North)

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39

SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

137.

Kosar Dongergaon

Chaman Metaliks Ltd.

Maharashtra

138.

Warora (West)

Fieldmining & Ispat Ltd.

Maharashtra

Southern Part

139.

Chinora

Fieldmining & Ispat Ltd.

Maharashtra

140.

Majra

Gondwana Ispat Ltd.

Maharashtra

141.

Nerad Malegaon

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

Maharashtra

142.

Baranj -I

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

143.

Baranj - II

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

144.

Baranj - III

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

145.

Baranj -IV

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

146.

Kiloni

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

147.

Manora Deep

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

148.

Agarzari

Maharastra State Mining Corporation Limited (MSMCL)

Maharashtra

149.

Warora

Maharashtra State Mining Corporation Limited (MSMCL)

Maharashtra

150.

Bhandak West

Shree Baidyanath Ayurved Bhawan Ltd.

Maharashtra

151.

Marki Mangli - II

Shree Veerangana Steel Limited.

Maharashtra

152.

Marki Mangli - III

Shree Veerangana Steel Limited.

Maharashtra

153.

Marki Mangli - IV

Shree Veerangana Steel Limited.

Maharashtra

154.

Belgaon

Sunflag Iron & Steel Co. Ltd.

Maharashtra

155.

Mandakini B

Assam Mineral Dev. Corporation Ltd., Meghalaya Mineral Dev.

Orissa

Corp, Tamil Nadu Electricity Board, Orissa Mining Corporation Ltd.

156.

New Patrapara

Bhusan Steel & Strips Ltd., Adhunik Metaliks Ltd., Deepak Steel &

Orissa

Power Ltd., Adhunik Corp. Ltd., Orissa Sponge Iron Ltd., SMC Power

Generation Ltd., Sree Metaliks Ltd.,Visa Steel Ltd.

157.

Bijahan

Bhushan Ltd., Shri Mahavir Ferro Alloys Pvt. Limited

Orissa

158.

Jamkhani

Bhushan Ltd.

Orissa

159.

Naini

Gujarat Mineral Development Corporation, Pondichery Industrial

Promotion Development and Investment Corporation Limited

Orissa

160.

Mahanadi

Gujarat State Electricity Corporation Limited, Maharashtra State

Orissa

Electricity Board

161.

Machhakata

Gujarat State Electricity Corporation Limited, Maharashtra State

Orissa

Electricity Board

162.

Talabira-I

Hindalco Industries Ltd.

Orissa

163.

Ramchandi

Jindal Steel & Power Limited

Orissa

Promotion Block

164.

Utkal B 1

Jindal Steel & Power Ltd.

Orissa

165.

Baitami West

Kerala State Electricity Board, Orissa Hydro Power Corp.,

Orissa

Gujarat Power Corporation Ltd.

166.

Talabira II & III

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

Orissa

Hindalco Industries Ltd.

167.

Utkal-A

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

Orissa

Power Compo Ltd., Jindal Stainless Steels Ltd., Shyam DRI Ltd.

168.

Utkal-B2

Monet Ispat Ltd.

Orissa

169.

Mandakini

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

Orissa

170.

Utkal-E

National Alluminium Corporation

Orissa

171.

Dulanga

National Thermal Power Corporation

Orissa

172.

Utkal-D

Orissa Mining Corporation

Orissa

173.

Nuagaon Telisahi

Orissa Mining Corporation, Andhra Pradesh Mineral Development

Orissa

(APMDC)

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SL

Name of Coal

Name of Prior Allottee

State where Coal Mine/

No.

Mine/Block

Block Located

174.

Manoharpur

Orissa Power Generation Corporation

Orissa

175.

Dipside

Orissa Power Generation Corporation

Orissa

Manoharpur

176.

Radhikapur(West)

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

Orissa

177.

Rampia

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

Orissa

India Ltd. (CPP), Lanco Group Ltd. (IPP), Navbharat Power Pvt.

Ltd. (IPP), Reliance Energy Ltd. (IPP)

178.

Dipside of Rampia

Sterlite Energy Ltd., (IPP), GMR Energy (IPP), Arcelor Mittal India

Orissa

Ltd. (CPP), Lanco Group Ltd. (IPP), Navbharat Power Pvt. Ltd. (IPP),

Reliance Energy Ltd (IPP)

179.

North of Arkhapal

Strategic Energy Technology Systems Limited (SETSL)

Orissa

Srirampur

180.

Radhikapur (East)

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

Orissa

181.

Chendipada

Uttar Pradesh Rajya Vidut Utpadan Limited, Chhattisgarh Mineral

Orissa

Development Corporation Limited, Maharashtra State Power

Generation Corporation Ltd.

182.

Chendipada-II

Uttar Pradesh Rajya Vidut Utpadan Limited, Chhattisgarh Mineral

Orissa

Development Corporation Limited, Maharashtra State Power

Generation Corporation Ltd.

183.

Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Orissa

184.

Biharinath

Bankura DRI Mining Manufacturers Co. Pvt. Ltd.

West Bengal

185.

Andal East

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

West Bengal

186.

Barjora (North)

Damodar Valley Corporation

West Bengal

187.

Kagra Joydev

Damodar Valley Corporation

West Bengal

188.

Kasta (East)

Damodar Valley Corporation

West Bengal

189.

Gourangdih ABC

Himachal EMTA Power Ltd., JSW Steel Ltd.

West Bengal

190.

Moira-

Ramsarup Lohh Udyog Ltd., Adhunik Corporation Ltd., Uttam Galva

West Bengal

Madhujore

Steels Ltd., Howrah Gases Ltd.,Vikas Metal & Power Ltd., ACC Ltd.

191.

Sarisatolli

Calcutta Electricity Supply Corporation Ltd.

West Bengal

192.

Ardhagram

Sova Ispat Limited, Jaibalaji Sponge Ltd.

West Bengal

193.

Tara (West)

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

194.

Gangaramchak

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

195.

Barjora

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

196.

Gangaramchak-

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

Bhadulia

197.

Tara (East)

West Bengal State Electricity Board

West Bengal

198.

Jaganatbpur B

West Bengal Mineral Development & Trading Corp.

West Bengal

199.

Sitarampur

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

200.

Trans Damodar

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

201.

Ichhapur

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

202.

Kulti

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

203.

Jaganathpur A

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

204.

East of Damogoria

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

(Kalyaneshwari)

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41

SCHEDULE- II

[See section 3(l)(q)]

SL

Name of Coal

Name of Prior Allottee State where Coal Mine/

No.

Mine/Block

Block Located

1.

Namchik Namphuk

Arunachal Pradesh Mineral Dev. & Trading Corporation

Arunachal Pradesh

2.

Gare-Palma- IV /4

Jayaswal Neco Ltd.

Chhattisgarh

3.

Gare-Palma-IV/2

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

Chhattisgarh

4.

Gare-Palma-IV/3

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

Chhattisgarh

5.

Gare-Palma-IV/l

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

Chhattisgarh

6.

Gare-Palma-IV/5

Monet Ispat Ltd.

Chhattisgarh

7.

Chotia

Prakash Industries Ltd.

Chhattisgarh

8.

Gare-Palma-IV/7

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

Chhattisgarh

9.

Parsa East

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

10.

Kanta Basan

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)

Chhattisgarh

11.

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

12.

Tokisud North

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

13.

Pachwara Central

Punjab State Electricity Board

Jharkhand

14.

Kathautia

Usha Martin Ltd.

Jharkhand

15.

Pachwara North

West Bengal Power Development Corporation Limited (WBPDCL)

Jharkhand

16.

Gotitoria (East)

BLA Industries Ltd.

Madhya Pradesh

17.

Gotitoria (West)

BLA Industries Ltd.

Madhya Pradesh

18.

Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

19.

Amelia (North)

Madhya Pradesh State Mining Corporation

Madhya Pradesh

20.

Bicharpur

Madhya Pradesh State Mining Corporation Ltd.(MPSMC)

Madhya Pradesh

21.

Sial Ghogbri

Prism Cement Limited

Madhya Pradesh

22.

Marki Mangli - I

B.S. Ispat Ltd.

Maharashtra

23.

Baranj-I

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

24.

Baranj-II

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

25.

Baranj-III

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

26.

Baranj-IV

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

27.

Kiloni

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

28.

Manora Deep

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

29.

Marki Mangli - II

Shree Veerangana Steels Limited

Maharashtra

30.

Marki Mangli - III

Shree Veerangana Steels Limited

Maharashtra

31.

Belgaon

Sunflag Iron & Steel Co. Ltd.

Maharashtra

32.

Talabira-I

Hindalco Industries Ltd.

Orissa

33.

Barjora (North)

Damodar Valley Corporation

West Bengal

34.

Kagra Joydev

Damodar Valley Corporation

West Bengal

35.

Sarisatolli

Calcutta Electricity Supply Corporation Ltd.

West Bengal

36.

Ardhagram

Sova Ispat Limited, Jai Balaji Sponge Ltd.

West Bengal

37.

Tara (West)

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

38.

Gangaramchak

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

39.

Barjora

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

42

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SL

Name of Coal

Name of Prior Allottee State where Coal Mine/

No.

Mine/Block

Block Located

40.

Gangaramchak-

West Bengal Power Development Corporation Limited (WBPDCL)

West Bengal

Bhadulia

41.

Tara (East)

West Bengal State Electricity Board

West Bengal

42.

Trans Damodar

West Bengal Mineral Dev. & Trading Corp. Ltd.

West Bengal

SCHEDULE III

[See section 3(l)(r)]

Sl.

Name of Coal

Name of Prior Allottee State where Coal Mine/

No.

Mine/Block

Block Located

1.

Durgapur – II/

Bharat Alluminium Company Ltd.

Chhattisgarh

Taraimar

2.

Durgapur-II /Sarya

DB Power Ltd.

Chhattisgarh

3.

GarePelma

Goa Industrial Development Corporation

Chhattisgarh

Sector III

4.

Gare Palma IV /8

Jayaswal Neco Ltd.

Chhattisgarh

5.

Talaipali

National Thermal Power Ltd

Chhattisgarh

6.

Chatti Bariatu

National Thermal Power Ltd

Jharkhand

7.

Mahan

Essar Power Ltd., Hindalco Industries Ltd.

Madhya Pradesh

8.

Mandla South

Madhya Pradesh State Mining Corporation Ltd

Madhya Pradesh

9.

Dongeri Tal-II

Madhya Pradesh State Mining Corporation Ltd. (MPSMC)

Madhya Pradesh

10.

Kosar Dongergaon

Chaman Metaliks Ltd

Maharashtra

11.

Nerad Malegaon

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

Maharashtra

12.

Marki Mangli - IV

Shree Veerangana Steel Limited

Maharashtra

13.

Jamkhani

Bhushan Ltd.

Orissa

14.

Utkal B 1

Jindal Steel & Power Ltd.

Orissa

15.

Utkal-B2

Monet Ispat Ltd.

Orissa

16.

Mandakini

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

Orissa

17.

Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Orissa

18.

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

19.

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

20.

Meral

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

21.

Moitra

Jayaswal Neco Ltd

Jharkhand

22.

Jitpur

Jindal Steel & Power Ltd

Jharkhand

23.

Rohne

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

Jharkhand

24.

Dumri

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

Jharkhand

25.

Kerandari

National Thermal Power Ltd.

Jharkhand

26.

Sitanala

Steel Authority of India Ltd

Jharkhand

27.

Ganeshpur

Tata Steel Ltd., Adhunik Thermal Energy

Jharkhand

28.

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

29.

Tara

Chhattisgarh Mineral Development Corporation Ltd

Chhattisgarh

30.

Lohari

Usha Martin Ltd.

Jharkhand

31.

Dulanga

National Thermal Power Corporation

Orissa

32.

Manoharpur

Orissa Power Generation Corporation

Orissa

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43

SCHEDULE IV

(See section 28)

PART-A

THE COAL MINES (NATIONALISATION) Act, 1973

(26 OF 1973)

1. Amendment of section 1A. In the Coal Mines (Nationalisation) Act, 1973 (herein referred to as the principal Act), in

sub-section (1) of section l A, after the word and figure "section 3", the word, figure and letter ", section 3A" shall be inserted.

2. Insertion of new section 3A. After section 3 of the principal Act, the following section shall be inserted, namely:-

"3A. Mining operation by company and others. (1) Notwithstanding anything contained in this Act, any person being-

(a)

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

between the Central Government or the State Government, as the case may, or any other company incorporated in

India; or

(b)

a company or a joint venture company formed by two or more companies, may carry on coal mining operations in

India, in any form either for own consumption, sale or for any other purpose in accordance with the prospecting

licence or mining lease, as the case may be.

(2) The Central Government may, with a view to rationalise such coal mines so as to ensure the co-ordinated and scientific

development and utilisation of coal resources consistent with the growing requirements of the country, from time to time, prescribe-

(i)

the coal mines or coal bearing areas and their location;

(ii)

the minimum size of the coal mine or coal bearing areas;

(iii)

such other conditions,

which in the opinion of that Government may be necessary for the purpose of coal mining operations or mining for sale by a company.

Explanation.-For the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the

Companies Act, 2013." (18 of 2013).

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

inserted, namely:-

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

areas, and such other conditions which may be necessary for the purpose of coal mining operations including

mining for sale by a company under sub-section (2) of section 3A.".

PART-B

THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) Acr, 1957 (67 of 1957)

1. Substitution of new section for section 11A. In the Mines and Minerals (Development and Regulation) Act, 1957 (herein

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

"11 A. Granting of reconnaissance permit, prospecting licence or mining lease. (1) Notwithstanding anything contained in

this Act, the Central Government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect

of any area containing coal or lignite, select any of the following companies through auction by competitive bidding, on such terms and

conditions as may be prescribed, namely:-

(a)

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

between the Central Government or the State Government, as the case may, or any other company incorporated in

India; or

(b)

a company or a joint venture company formed by two or more companies, may carry on coal mining operations in

India, in any form either for own consumption, sale or for any other purpose in accordance with the permit,

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

(2) The Central Government may, with a view to rationalise coal and lignite mines referred to in sub-section (1), so as to ensure

the co-ordinated and scientific development and utilisation of resources consistent with the growing requirements of the country, from

time to time, prescribe-

(i)

the details of mines and their location;

(ii)

the minimum size of the such mines;

(iii)

such other conditions,

which in the opinion of that Government may be necessary for the purpose of mining operations or mining for sale by a company.

44

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¨sÁUÀ 4

(3) The State Government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area

containing coal or lignite to such company as selected through auction by competitive bidding or otherwise under this section:

Provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or

lignite-

(a)

where such area is considered for allocation to a Government company or corporation or a joint venture company

formed by such company or corporation or between the Central Government or the State Government, as the case

may be;

(b)

where such area is considered for allocation to a company or corporation or that has been awarded a power project

on the basis of competitive bids for tariff (including Ultra Mega Power Projects).

Explanation.-For the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the

Companies Act, 2013." (18 of 2013)

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

substituted, namely:-

"(d) the terms and conditions of auction by competitive bidding, the details of mines and their location, the minimum size of such

mines and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a

company under sub-section (1) and sub-section (2) of section 11 A.".

PRANAB MUKHERJEE,

President.

DR. SANJAY SINGH,

Secretary to the Govt. of India.

P.R. 125

SC - 20

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2014-16

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