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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
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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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¨sÁUÀ 4
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)
¨sÁUÀ 4
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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)
40
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¨sÁUÀ 4
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)
¨sÁUÀ 4
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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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¨sÁUÀ 4
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
¨sÁUÀ 4
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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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