MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 26th December, 2014/Pausa 5, 1936 (Saka).

THE COAL MINES (SPECIAL PROVISIONS)

SECOND ORDINANCE, 2014

(NO. 7 OF 2014)

Promulgated by the President in the Sixty-fifth year of the

Republic of India.

ORDINANCE

to provide for allocation of coal mines and vesting of the right, title and

interest in and over the land and mine infrastructure together with

mining leases to successful bidders and allottees with a view to ensure

continuity in coal mining operations and production of coal, and for

promoting optimum utilisation of coal resources consistent with the

requirement of the country in national interest and for matters connected

therewith or incidental thereto.

WHEREAS the Supreme Court vide judgment dated 25th August, 2014 read

with its order dated 24th September, 2014 has cancelled the allocation of coal

blocks and issued directions with regard to such coal blocks and the Central

Government in pursuance of the said directions has to take immediate action to

implement the said order ;

AND WHEREAS it is expedient in public interest for the Central Government

to take immediate action to allocate coal mines to successful bidders and

allottees keeping in view the energy security of the country and to minimise any

impact on core sectors such as steel, cement and power utilities, which are vital

for the development of the nation ;

AND WHEREAS in pursuance of the judgment and order of the Supreme

Court, the Coal Mines (Special Provisions) Ordinance, 2014 (5 of 2014) was

promulgated by the President on the 21st day of October, 2014 ;

AND WHEREAS the Coal Mines (Special Provisions) Bill, 2014 to replace the

Coal Mines (Special Provisions) Ordinance, 2014 was introduced in House of the

People on 10th December, 2014 with certain modifications so as to provide for

dispute settlement, bar of jurisdiction of civil courts and protection of action

taken in good faith by the authorities in performance of their duties under the

said Ordinance ;

AND WHEREAS the Coal Mines (Special Provisions) Bill, 2014, to replace the

said Ordinance has been passed by the House of the People and is pending in

the Council of States ;

AND WHEREAS in pursuance of the Coal Mines (Special Provisions)

Ordinance, 2014 action has been initiated by the Central Government including

the framing of rules for allocation of coal mines and therefore, it is considered

necessary to give continuity to the provisions of the said Ordinance and save

the actions taken thereunder ;

AND WHEREAS Parliament is not in session and the President is satisfied

that circumstances exist which render it necessary for him to take immediate

action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

article 123 of the Constitution, the President is pleased to promulgate the

following Ordinance:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Ordinance may be

called the Coal Mines (Special Provisions) Second Ordinance, 2014.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 21st day of

October, 2014.

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” means, the additional levy as determined by the

Supreme Court in Writ Petition (Criminal) No. 120 of 2012 as two

hundred and ninetyfive rupees per metric tonne of coal extracted;

(b) “allotment order” means the allotment order issued under section 5;

(c) “apppointed 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 cencelled,

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 (18 of 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

(54 of 2002);

(i) “Government company” shall have the same meaning as

assigned to it in clause (45) of section 2 of the Companies Act, 2013

(18 of 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 therof), 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;

(l) “notification” means a notification published in the Official

Gazette;

(m)“prescribed” means prescribed by rules made under this

Ordinance;

(n) “prior allottee” means prior allottee of Schedule I coal mines as

listed therein who had been allotted coal mines between 1993 and

31st day of March, 2011, whose allotments have been cancelled

pursuant to the judgment of the Supreme Court dated the 25th August, 2014

and its order dated 24th September, 2014 including those allotments which

may have been de-allocated prior to and during the pendency of the Writ

Petition (Criminal) No. 120 of 2012.

Explanation.— In Case a mining lease has been executed in favour

of a third party, subsequent to such allocation of Schedule I coal mines,

then, the third party shall be deemed to be the prior allottee;

(o) “Schedule” means a Schedule appended to this Ordinance;

(p) “Schedule I coal mines” means,—

(i) all the coal mines and coal blocks the allocation of 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 as

may be notified under sub-section (2) of section 7;

(s) “secured creditor” shall have the same meaning as assigned to

it in clause (zd) of section 2 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 (54 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 (zf) of section 2 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002;

(v) “Specified end-use” means any of the following end-uses and

the expression “specified end user” shall with its grammatical variations be

construed accordingly,—

(i) production of iron and steel;

(ii) generation of power including the generation of power for

captive use;

(iii) washing of coal obtained from a mine;

(iv) cement;

(v) such other end-use as the Central Government may, by

notification, specify;

(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 0f 1957) and the

Coal Mines (Nationalisation) 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 be, or any other company incorporated in India; or

(b)a company or a joint venture company formed by two or more

companies,

that carry on coal mining operations in India, in any form either for

own consumption, sale or for any other purpose in accordance with

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

and the State Government shall grant such reconnaissance permit,

prospecting licence or mining lease in respect of any area containing

coal to such company as selected through auction by competitive

bidding under this section.

(3)

Subject to the provisions of section 5, the following persons who

fulfil such norms as may be prescribed, shall be 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 or to a joint venture between two or more

Government companies or corporations or to a company which has been

awarded a power project on the basis of competitive bids for tariff (including

Ultra Mega Power Projects) from specified Schedule I coal mines by making an

allotment order in accordance with such rules as may be prescribed and the

State Government shall grant a reconnaissance permit, prospecting licence or

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

corporation:

Provided that the Government company or corporation may carry on Coal

Mining in any form either for its own consumption, sale or for any other

purpose in accordance with the permit, prospecting licence or mining lease, as

the case may be:

Provided further that no company other than a Government company or

corporation shall hold more than twenty-six per cent. of the paid up share

capital in the Government company or corporation or in the joint venture

between a Government company or corporation, either directly or through any of

its subsidiary company or associate company:

Provided also that a joint venture of any two or more Government

companies or corporations shall be prohibited from alienating or transferring any

interest, except the taking of loans or advances from a bank or financial

institution, in the joint venture of whatsoever nature including ownership in

favour of a third party.

(2) No allotment under sub-section (1) shall be made to a prior allottee,

if that allottee has not made the payment of the additional levy

within the specified period.

6. Central Government to act through nominated authority.—(1) The

Central Government shall appoint an officer not below the rank of a Joint

Secretary to the Government of India as the nominated authority who shall

act for and on behalf of the Central Government for the purposes of this

Ordinance and shall exercise such powers as may be prescribed.

(2) The nominated authority may engage any expert having such

qualifications and experience and on such terms and conditions as

may be prescribed to make recommendations to the authority for the

conduct of auction and in drawing up of the vesting order or

allotment order in relation to Schedule I coal mines.

(3) The Central Government shall act through the nominated

authority for the following purposes, namely:—

(a) conduct the auction process and allotment with the assistance

of experts;

(b) execution of the vesting order for transfer and vesting of

Schedule I coal mines pursuant to the auction;

(c) executing the allotment order for any Government company or

corporation in pursuance of section 5;

(d) recording and mutating incorporeal rights of whatsoever nature

including, consents, permissions, permits, approvals, grants, registrations;

G. 6/2015/DTP (1).

(e) collection of auction proceeds, adjustment of preferential

payments and transfer of amount to the respective State Governments

where Schedule I coal mine is located in accordance with the provisions

of this Ordinance.

(4) The nominated authority shall complete the auction or execute the

allotment orders of Schedule I coal mines within such time and in

accordance with such rules as may be prescribed.

(5) The Central Government may appoint such other officers and staff

as it may think fit to assist the nominated authority.

(6) The salaries and allowances and other terms and conditions of

service of the nominated authority and such other officers and staff

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

(7) The nominated authority shall be bound by the written direction

given by the Central Government on the question of policy.

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

such notice.

(3) A successful bidder in an auction conducted on a competitive basis

in accordance with such rules as may be prescribed, shall be entitled to

the vesting of Schedule I coal mine for which it bid, pursuant to a vesting

order drawn up in 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

alottee;

(e) any right, entitlement or interest not specifically covered under

clauses (a) to (d).

(5) The nominated authority shall, in consultation with the Central

Government, determine the floor price or reserve price in accordance with

such rules as may be prescribed.

(6) The successful bidder shall, prior to the issuance and execution of

a vesting order, furnish a performance bank guarantee for an amount as

notified in relation to Schedule I coal mine auctioned to such bidder

within such time, form and manner as may be prescribed.

(7) After the issuance of a vesting order under this section and its

filing with the Central Government and with the appropriate authority

designated by the respective State Governments, the successful bidder

shall be entitled to take prossession 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 be, or any other

company incorporated in India, allotted a Schedule I coal mine shall be

granted a prospecting licence or a mining lease, as applicable, by the

concerned State Government in accordance with the Mines and Minerals

(Development and Regulation) Act, 1957 (67 of 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

the relevent laws and such rules as may be prescribed—

(a)

payment to secured creditors for any portion of the secured

debt in relation to a Schedule I coal mine which is unpaid as on the

date of the vesting order;

(b)

compensation payable to the prior allottee in respect of the

Schedule I coal mine.

CHAPTER III

TREATMENT OF RIGHTS AND OBLIGATIONS OF PRIOR ALLOTTEES

10.Utilisation of movable property used in coal mining operations.—(1) A

successful bidder or allottee in respect of Schedule I coal mines, may

negotiate 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 of such movable property which may be physically

located within Schedule I coal mine, the successful bidder or the allottee,

shall, in such event be entitled to appropriate the sale proceeds of such

movable property disposed of to pay for any cost incurred by the

successful bidder or allottee, for the removal, storage, sale and disposal of

such movable property, as a first charge over the sale proceeds of such

movable property:

Provided that the remaining sale proceeds after appropriation of

costs, shall be paid by the successful bidder or allottee to the

Central Government towards any compensation that may be

payable to the owner of such movable property sold, upon

establishment of title to such movable property in accordance with

such rules as may be prescribed:

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 that a successful bidder or allottee elects not to adopt or

continue with existing contracts which had been entered into by the prior

allottees with third parties, in that case all such contracts which have not been

adopted or continued shall cease to be enforceable against the successful bidder

or allottee in relation to the Schedule I coal mine and the remedy of such

contracting parties shall be against the prior allottees.

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 at 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.

13. Void alienations and permitted security interests.—Any and all

alienations of land and mine infrastructure and creation of any encumbrances of

whatsoever nature there on 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 a security or guarentee (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 mines or the

successful bidder or allottee, pursuant to this Ordinance.

(3) Every liability of any prior allottee in relation to a Schedule I coal

mine in respect of any period prior to the vesting order or allotment order, shall

be the liability of such prior allottee and shall be enforceable against it and not

against the successful bidder or allottee or the Central Government.

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

prior allottee.

(5) The additional levy imposed against the prior allottees of Schedule

II coal mines shall continue to remain the liability of such prior allottees and

such additional levy shall be collected by the Central Government in such

manner as may be prescribed.

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

(a) no claim for wages, bonus, royalty, rate, rent, 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 also to exercise all or any of the

powers exercisable by him under this Ordinance.

(3) Any officer authorised by the Commissioner to exercise any powers

may exercise those powers in the same manner and with the same effect as if

they have been conferred on him directly by this Ordinance and not by way

of authorisation.

(4) The salaries and allowances and other terms and conditions of

service of the Commissioner and other officers and staff appointed under this

section shall be such as may be prescribed.

(5) The Central Government shall, within a period of thirty days from

such date as may be notified, pay to the Commissioner for payment to the prior

allottee, an amount equal to the compensation determined by the nominated

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.

(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.

G. 6/2015/DTP (1).

CHAPTER IV

POWERS OF THE CENTRAL 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 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 (1), such lease or licence shall be renewed, by the State

Government, in consultation with the Central Government for the maximum period

for which such lease or licence can be renewed under the Mineral Concession

Rules, 1960.

(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 to manage and operate such coal mines as may be notified by the

Central Government.

(2) The designated custodian shall act for and on behalf of the Central

Government in respect of the notified coal mines under sub-section (1) to

operate and manage such Schedule I coal mines in such manner as may be

notified, till the completion of the auction of such coal mines or allotment under

section 4 and section 5 read with section 8th 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 Goverment.

(2) The designated custodian may direct the prior allottees or any other

persons in charge of the managent 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 transation made at any time before the

appointed date.

(4) The designated custodian may call for any information, records and

documents in relation to Schedule II coal mines and coal mining operations

from any or all such persons who were in charge of the management and

operation of such Schedule II coal mines prior to the appointed date, and such

persons shall be bound to deliver to the designated custodian all such

documents in their custody relating to Schedule II coal mines.

(5) The designated custodian may appoint such consultants or experts,

as may be necessary, in relation to the management and operation of schedule II

coal mines.

(6) The designated custodian shall transfer the management and operation

of any Schedule II coal mines to such person in such manner as may be

prescribed.

(7) The designated custodian shall have rights, liabilities and obligations

as a prior allottee or a successful bidder in respect of coal mines entrusted to it

under section 18, to be exercised and discharged in such manner as may be

prescribed.

(8) The designated custodian shall have the power to perform such other

functions which may be consequential or incidental to the functions specified

under this section.

(9) Notwithstanding anything contained in any other law for the time

being in force, the designated custodian shall, in exercise of its powers or the

performance of its functions under this Ordinance, be bound by such directions

on questions of policy, as the Central Government may give in writing to it from

time to time.

CHAPTER V

CERTAIN ARRANGEMENTS

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 (30 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

(30 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 Ordinance

has been committed by a company, every person who at the time the offence

was committed was in charge of, and was responsible to, the company for the

conduct of business of the company as well as the company shall be deemed to

be guilty of the offence and shall he liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any such

person liable to any punishment, if he proves that the offence was committed

without his knowledge and that he had exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any

offence under this Ordinance has been committed by a company and it is

proved that the offence has been committed with the consent or connivance of,

or is attributable to, any neglect on the part of any director, 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. Congnizance 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.

Dispute settlement and Bar of Jurisdiction of civil courts.—(1) Any

dispute arising out of any action of the Central Government, nominated authority

or Commissioner of Payment or designated custodian, or any dispute between

the successful bidder or allottee and prior allottee arising out of any issue

connected with the Ordinance shall .be adjudicated by the Tribunal constituted

under the Coal Bearing Areas (Acquisition and Development) Act, 1957

(20 of 1957).

(2) Where the Central Government is of the opinion that any dispute

arising out of any issue connected with the Ordinance exists or is apprehended

and the dispute should be adjudicated by the Tribunal referred to in sub-section

(1), then, the Central Government may by order in writing, refer the dispute or

any matter appearing to be connected with, or relevant to, the dispute, to the

Tribunal for adjudication.

(3) The Tribunal referred to in sub-section (1) shall, after hearing the

parties to the dispute, make an award in writing within a period of ninety days

from the institution or reference of the dispute.

(4) On and from the commencement of the ordinance, no court or other

authority, except the Supreme Court and a High Court, shall have, or be entitled

to .exercise, any jurisdiction, powers or authority, in relation to matters

connected with the Ordinance.

28.

Protection of action taken in good faith.—No suit, prosecution or

other legal proceeding shall lie against the Central Government, nominated

authority, commissioner of payment, or designated custodian or any person

acting on their behalf, in respect of anything which is done or intended to be

done in good faith under this Ordinance.

29.

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.

30.

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.

31.

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

(b) the terms and conditions for granting reconnaissance permit,

prospecting licence or mining lease and the manner and conditions

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

(c) norms to become eligible to bid in an auction and the

amount of investment in respect of a company having a coal

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

(d) the period within which the payment of additional levy by

the prior allottee under sub-section (4) of section 4;

(e) the allotment order to make allocations to a Government

company or corporation under sub-section (1) of section 5;

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

of section 6;

(g) the manner of auction or allotment of Schedule I coal mines

and execution of the vesting or allotment orders under sub-section

(4) of section 6;

(h) the salaries and allowances and other terms and conditions

of service of the nominated authority and other officers and

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

(i) the manner of notifying the particulars of Schedule I coal

mines to be auctioned and furnishing of required information by

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

(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;

(u) the manner of transfer of the management and operation of

any Schedule II coal mines by the designated custodian under

sub-section (6) of section 19;

(v) the manner of exercising and discharging the rights,

liabilities and obligations by the designated custodian under

sub-section (7) of section 19;

(w) the manner of providing agreements or arrangements for

optimum utilisation of coal mine for specified end-uses under

sub-section (1) of section 20;

(x) the manner of usage of coal mine by a successful bidder or

allottee for any of its plants under sub-section (2) of section 20;

(y) any other matter which is required to be, or may be,

prescribed.

G. 6/2015/DTP (1).

(3)

Every rule made and every notification issued by the Central

Government, under this Ordinance, shall be laid, as soon as may be after it is

made, before each House of Parliament, while it is in session, for a total period

of thirty days which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session immediately

following the session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or notification, or both Houses agree that

the rule or notification should not be made, the rule or notification shall

thereafter have effect only in such modified form or be of no 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.

32.

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 Ordinance, as appear to it to be necessary or

expedient for removing the difficulty:

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

two years from the date of commencement of this Ordinance.

(2) Every order made under this section shall, as soon as may be after it is

made, be laid before each House of Parliament.

33.

Repeal and saving.— (1) The Coal Mines (Special Provisions)

Ordinance, 2014 (5 of 2014) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance, shall, without prejudice to the judgment of the

Supreme Court dated 25th of August, 2014 and its order dated 24th September,

2014 passed in Writ Petition (Criminal) No. 120 of 2012, be deemed to have been

done or taken under the corresponding provisions of this Ordinance.

SCHEDULE-I

[See section 3 (1) (p)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No. Mine/Block

Mine/Block Located

(1)

(2)

(3)

(4)

Tadicherla-I

Andhra Pradesh Power

Generation Corpn. Ltd.

Telangana

Anesttipali

Andhra Pradesh Power

Generation Corpn. Ltd.

Telangana

Punkula-Chilka

Andhra Pradesh Power

Generation Corpn. Ltd.

Telangana

Penagaddppa

Andhra Pradesh Power

Generation Corpn. Ltd.

Telangana

Namchik

Arunachal Pradesh Mineral

Namphuk

Dev. & Trading Corporation

Arunachal Pradesh

Sayang

AES Chhattisgarh Energy

Pvt. Ltd.

Chhattisgarh

Rajgamar Dipside API Ispat & Powertech Pvt.

(Deavnara)

Ltd.,CG Sponge Manufacturers

Consortium Coalfield Pvt. Ltd.

Chhattisgarh

Durgapur-II/

Bharat Alluminium Company Ltd.

Chhattisgarh

Taraimar

Datima

Binani Cement Ltd.

Chhattisgarh

Tara

Chhattisgarh Mineral Development

Corporation Limited

Chhattisgarh

Gare Pe1ma,

Chhattisgarh Mineral Development

Sector-I

Corporation Limited

Chhattisgarh

Shankarpur

Chhattisgarh Mineral Development

Bhatgaon II Extn. Corporation Limited

Chhattisgarh

Sondhia

Chhattisgarh Mineral Development

Corporation Limited

Chhattisgarh

Parsa

Chhattisgarh State Electricity Board

Chhattisgarh

Vijay Central

Coal India Limited, SKS Ispat &

Power Ltd.

Chhattisgarh

Gidhmuri

Chattisgarh State Electricity Board

Chhattisgarh

Paturia

Chattishgarh State Electricity Board

Chhattisgarh

Durgapur-II/Sarya DB Power Ltd.

Chhattisgarh

Bhaskarpara

Electrotherm (India) Ltd.,

Grasim Industries Ltd.

Chhattisgarh

West of Umaria

Sainik Finance and Industries Ltd.

(Earlier Garuda Clays Ltd.)

Chhattisgarh

Morga II

Gujrat Mineral Development

Corporation

Chhattisgarh

Gare Palma

Goa Industrial Development

Sector III

Corporation

Chhattisgarh

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.)

Chhattisgarh

Nakia I

Ispat Godavari Ltd., Ind Agro

Synergy Ltd., Shri Nakoda Ispat Ltd.,

Vandana Gobal Ltd., Shree Bajrang

Power. & Ispat Ltd.

Chhattisgarh

Nakia II

Ispat Godavari, Ind Agro Synergy,

Shri Nakoda Ispat, Vandana Gobal

Ltd., Shree Bajrang Power &

Ispat Ltd.

Chhattisgarh

Gare-Palma-IV/4

Jayaswal Neco Ltd.

Chhattisgarh

Gare Palma IV/8

Jayaswal Neco Ltd.

Chhattisgarh

(1)

(2)

(3)

(4)

Gare-Palma-IV/2

Jindal Power Ltd.

(Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV/3

Jindal Power Ltd.

(Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV /1

Jindal Strips Limited

(Now Jindal Steel & Power Ltd.)

Chhattisgarh

Gare-Palma-IV /6

Jindal Steel & Power Ltd.,

Nalwa Sponge Iron Ltd.

Chhattisgarh

Fatehpur East

JLD Yavatmal Energy Ltd.,

R.K.M. Powergen Pvt. Ltd., Visa

Power Ltd., Green Inftastructure

Pvt. Ltd.,Vandana Vidyut Ltd.

Chhattisgarh

Morga-I

Madhya Pradesh State Mining

Corporation Limited

Chhattisgarh

Morga III

Madhya Pradesh State Mineral

Corporation Limited

Chhattisgarh

Morga IV

Madhya Pradesh State

Mineral Corporation Limited

Chhattisgarh

Gare Palma

Maharashtra State

Sector II

Mining Corpn. Ltd.,Tamil Nadu State

Electricity Board

Chhattisgarh

Gare-Palma-IV/5

Monet Ispat Ltd.

Chhattisgarh

Rajgamar Dipside Monnet Ispat and Energy Ltd.,

(South of

Topworth Steel Pvt. Ltd.

Chhattisgarh

Phulakdih Nala)

Talaipali

National Thermal Power Ltd.

Chhattisgarh

Chotia

Prakash Industries Ltd.

Chhattisgarh

Gare-Palma-IV/7

Raipur Alloys & Steel Ltd.

(Now Sarda Energy and Mineral

Limited)

Chhattisgarh

(1)

(2)

(3)

(4)

Parsa East

Rajasthan Rajya Vidyut Utpadan

Nigam Ltd. (RRVUNL)

Chhattisgarh

Kesla North

Rathi Udyog Ltd.

Chhattisgarh

Kanta Basan

Rajasthan Rajya Vidyut Utpadan

Nigam Ltd. (RRVUNL)

Chhattisgarh

Panchbahani

Shree Radhe Industries Ltd.

Chhattisgarh

Fatehpur

SKS Ispat and Power Ltd.,

Prakash Industries Ltd.

Chhattisgarh

Madanpur

Ultratech Ltd., Singhal Enterprise

(North)

Ltd., Navbharat Coalfield Ltd.,

Vandana Energy & Steel Pvt. Ltd.,

Prakash Industries Ltd., Anjani

Steel Pvt. Ltd., Chhattisgarh Captive

Coal Mining Ltd.

(Consortium of five Co.)

Chhattisgarh

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Meral

Abhijeet Inftastructure Pvt. Ltd.

Jharkhand

Seregarha

Arcelor Mittal India Ltd.,

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

Patal East

Bhushan Power and Steel Ltd.

Jharkhand

Saria Koiyatand

Bihar Rajya Khanij Vikas Nigam

(BRKVN), Patna

Jharkhand

Macherkunda

Bihar Sponge Iron Ltd.

Jharkhand

Brahmadiha

Castron Technologies Ltd.

Jharkhand

Mahuagarhi

Calcutta Electricity Supply

Corporation Ltd. (CESC),

Jas Infrastructure Capital Pvt. Ltd.

Jharkhand

Chitarpur

Corporate Ispat Alloys Ltd.

Jharkhand

Saharpur

Damodar Valley Corporation

Jharkhand

Jamarpani

Lalgarh (North)

Domco Smokeless Fuel Pvt. Ltd.

Jharkhand

(1)

(2)

(3)

(4)

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

Chakla

Essar Power Ltd.

Jharkhand

Ashok Karkatta

Essar Power Ltd.

Jharkhand

Central

Jainagar

Gujarat Mineral Development

Jharkhand

Corporation (GMDC)

Tokisud North

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

Tubed

Hindalco Industries Ltd.,

Jharkhand

Tata Power Company Ltd.

Moitra

Jayaswal Neco Ltd.

Jharkhand

North Dhadu

Jharkhand Ispact Pvt. Ltd., Pavanjay

Jharkhand

Steel & Power Ltd., Electrosteel

Castings Ltd., Adunik Alloys &

Power Ltd.

Banhardih

Jharkhand State Electricity Board

Jharkhand

Sugia

Jharkhand State Mineral Development

Jharkhand

Closed mine

Corporation

Rauta

Jharkhand State Mineral Development

Jharkhand

Closed mine

Corporation

Burakhap small

Jharkhand State Mineral Development

Jharkhand

patch

Corporation

Pindra-Debipur-

Jharkhand State Mineral Development

Jharkhand

Khaowatand

Corporation Ltd.

Latehar

Jharkhand State Mineral Development

Jharkhand

Corporation Ltd.

Patratu

Jharkhand State Mineral Development

Jharkhand

Corporation Ltd.

Rabodih OCP

Jharkhand State Mineral Development

Jharkhand

Corporation Ltd.

Jogeshwar &

Jharkhand State Mineral Development

Jharkhand

Khas Jogeshwar

Corporation

(1)

(2)

(3)

(4)

Jitpur

Jindal Steel & Power Ltd.

Jharkhand

Amarkonda

Jindal Steel and Power Ltd.,

Jharkhand

Murgadangal

Gangan Sponge Iron Pvt. Ltd.

Urma Paharitola

Jharkhand State Electricity Board,

Jharkhand

Bihar State Mineral Development

Corporation Ltd.

Rohne

JSW Steel Ltd., Bhushan Power &

Jharkhand

Steel Ltd., Jai Balaji Industries Ltd.

Gomia

Metals and Minerals Trading

Jharkhand

Corporation

Rajhara North

Mukund Limited, Vini Iron & Steel

Jharkhand

(Central & Eastern) Udyog Limited

Dumri

Nilachal Iron & Power Ltd.,

Jharkhand

Bajrang Ispat Pvt. Ltd.

Kerandari

National Thermal Power Ltd.

Jharkhand

Chatti, Bariatu

National Thermal Power Ltd.

Jharkhand

Chhati

National Thermal Power Ltd.

Jharkhand

Bariatu South

Brahmini

National Thermal Power Ltd.+ Coal

Jharkhand

India Limited JV

Chichro Patsimal

National Thermal Power Ltd + Coal

Jharkhand

India Limited JV

Pachwara Central

Punjab State Electricity Board

Jharkhand

Mahal

Rashtriya Ispat Nigam Limited

Jharkhand

Tenughat-Jhirki

Rashtriya Ispat Nigam Limited

Jharkhand

Bundu

Rungta Mines Limited

Jharkhand

Mednirai

Rungta Mines Limited,

Jharkhand

Kohinoor Steel (P) Ltd.

(1)

(2)

(3)

(4)

Choritand Tiliaya

Rungta Mines Limited,

Jharkhand

Sunflag Iron & Steel Co. Ltd.

Sitanala

Steel Authority of India Ltd.

Jharkhand

Ganeshpur

Tata Steel Ltd., Adhunik Thermal

Jharkhand

Energy

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

Rajbar E & D

Tenughat Vidyut Nigam Limited

Jharkhand

Gondulpara

Tenughat Vidyut Nigam Limited,

Jharkhand

Damodar Valley Corporation

100 Kotre -Basantpur

Tata Iron and Steel Co. Ltd.

Jharkhand

(Now Tata Steel Ltd.)

101 Pachmo

Tata Iron and Steel Co. Ltd.

Jharkhand

(Now Tata Steel Ltd.)

102 Lohari

Usha Martin Ltd.

Jharkhand

103 Kathautia

Usha Martin Ltd.

Jharkhand

104 Pachwara North

West Bengal Power Development

Jharkhand

Corporation Limited (WBPDCL)

105 Suliyari

Andhra Pradesh Mineral

Madhya Pradesh

Development Corporation

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

Madhya Pradesh

Industries Ltd.

110 Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

(1)

(2)

(3)

(4)

G. 6/2015/DTP (1).

111 Urtan North

Jindal Steel & Power Ltd.,

Madhya Pradesh

Monet Ispat and Energy Ltd.

112 Thesgora-B/

Kamal Sponge Steel & Power

Madhya Pradesh

Rudrapuri

Limited, Revati Cement P. Ltd.

113 Amelia

Madhya Pradesh State Mining

Madhya Pradesh

Corporation

114 Amelia (North)

Madhya Pradesh State Mining

Madhya Pradesh

Corporation

115 Mandla South

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd.

116 Dongeri Tal-II

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd. (MPSMC)

117 Marki Barka

Madhya Pradesh State Mining

Madhya Pradesh

Corporation (MPSMC)

118 Semaria/Piparia

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd. (MPSMC)

119 Bicharpur

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd. (MPSMC)

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

Madhya Pradesh

Power Generation Corp.

Ltd. (HPGCL)

124 Sial Ghoghri

Prism Cement Limited

Madhya Pradesh

125 Brahampuri

Pushp Steel and Mining Ltd.

Madhya Pradesh

(1)

(2)

(3)

(4)

126 Rawanwara North SKS Ispat Limited

Madhya Pradesh

127 Bander

AMR Iron & Steels Pvt Ltd.,

Maharashtra

Century Textiles & Industries Ltd.,

J.K. Cement Ltd.

128 Marki Mangli-I

B. S. Ispat Ltd.

Maharashtra

129 Takli-Jena-

Central Collieries Co. Ltd. and

Maharashtra

Bellora (North) & Lloyds Metals & Engineering Ltd.

Takli-Jena-Bellora

(South)

130 Dahegaon/

IST Steel & Power Ltd., Gujarat

Maharashtra

Makard hokra- IV Ambuja Cement Ltd., Lafarge

1ndia Pvt. Ltd.

131 Gondkhari

Maharashtra Seamless Limited,

Maharashtra

Dhariwal Infrastructure (P) Ltd.,

Kesoram Industries Ltd.

132 Marki-Zari-

Maharashtra State Mining Corpn. Ltd.

Maharashtra

Jamani-Adkoli

133 Lohara (East)

Murli Industries Ltd., Grace

Maharashtra

Industries Ltd.

134 Khappa & Extn.

Sunflag Iron & Steel Ltd.,

Maharashtra

Dalmia Cement (Bharat) Ltd.

135 Lohara West Extn.

Adani Power Ltd.

Maharashtra

136 Warora West

Bhatia International Ltd.

Maharashtra

(North)

137 Kosar Dongergaon Chaman Metaliks Ltd.

Maharashtra

138 Warora (West)

Fieldmining & Ispat Ltd.

Maharashtra

Southern Part

(1)

(2)

(3)

(4)

139 Chinora

Fieldmining & Ispat Ltd.

Maharashtra

140 Majra

Gondwana Ispat Ltd.

Maharashtra

141 Nerad Malegaon

Gupta Metallics & Power Ltd.,

Maharashtra

Gupta Coalfields & Washeries Ltd.

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. Corp,

Tamil Nadu Electricity Board, Odisha

Mining Corporation Ltd.

Odisha

156 New Patrapara

Bhusan Steel & Strips Ltd., Adhunik

Metaliks Ltd., Deepak Steel &

Power Ltd., Adhunik Corp. Ltd., Odisha

Sponge Iron Ltd., SMC Power

Generation Ltd., Sree Metaliks Ltd.,

Visa Steel Ltd.

Odisha

(1)

(2)

(3)

(4)

157 Bijahan

Bhushan Ltd., Shri Mahavir Ferro

Alloys Pvt. Limited

Odisha

158 Jamkhani

Bhushan Ltd.

Odisha

159 Naini

Gujarat Mineral Development

Corporation, Pondichery Industrial

Promotion Development and Investment

Corporation Limited

Odisha

160 Mahanadi

Gujarat State Electricity Corporation Limited,

Maharashtra State Electricity Board

Odisha

161 Machhakata

Gujarat State Electricity Corporation Limited,

Maharashtra State Electricity Board

Odisha

162 Talabira-I

Hindalco Industries Ltd.

Odisha

163 Ramchandi

Jindal Steel & Power Limited

Odisha

Promotion Block

164 Utkal B1

Jindal Steel & Power Ltd.

Odisha

165 Baitarni West

Kerala State Electricity Board, Odisha

Odisha

Hydro Power Corp., Gujarat

Power

Corporation Ltd.

166 Talabira II&III

Mahanadi Coalfields Ltd. (MCL),

Odisha

Neyveli Lignite Corporation Ltd., Hindalco

Industries Ltd.

167 Utkal-A

Mahanadi Coalfields Ltd. (MCL), JSW

Odisha

Steels Ltd., Jindal Thermal Power Comp.

Ltd., Jindal Stainless Steels Ltd., Shyam

DRI Ltd.

168 Utkal-B2

Monet Ispat Ltd.

Odisha

169 Mandakini

Monet Ispat Energy Ltd., Jindal Photo

Odisha

Ltd., Tata Power Company Ltd.

170 Utkal-‘E’

National Aluminium Corporation

Odisha

171 Dulanga

National Thermal Power Corporation

Odisha

(1)

(2)

(3)

(4)

172 Utkal-D

Odisha Mining Corporation

Odisha

173 Nuagaon Telisahi

Odisha Mining Corporation, Andhra

Odisha

Pradesh Mineral Development (APMDC)

174 Manoharpur

Odisha Power Generation Corporation

Odisha

175 Dipside

Odisha Power Generation Corporation

Odisha

Manoharpur

176 Radhikapur (West) Rungta Mines Limited, OCL India Ltd.,

Odisha

Ocean Ispat Ltd.

177 Rampia

Sterlite Energy Ltd. (IPP), GMR Energy

Odisha

Ltd. (IPP), Arcelor Mittal India Ltd.

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

Power Pvt. Ltd. (IPP), Reliance Energy

Ltd. (IPP)

178 Dipside of

Sterlite Energy Ltd., (IPP), GMR Energy

Odisha

Rampia

(IPP), Arcelor Mittal India Ltd.(CPP),

Lanco Group Ltd. (IPP), Navbharat Power

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

179 North of Arkhapal Strategic Energy Technology Systems

Odisha

Srirampur

Limited (SETSL)

180 Radhikapur (East)

Tata Sponge Iron Ltd., Scaw Industries

Odisha

Ltd., SPS Sponge Iron Ltd.

181 Chendipada

Uttar Pradesh Rajya Vidut Utpadan Limited,

Odisha

Chattishgarh Mineral Development

Corporation Limited, Maharashtra State

Power Generation Corporation Ltd.

182 Chendipada-II

Uttar Pradesh Rajya Vidut Utpadan Limited,

Odisha

Chattishgarh Mineral Development

Corporation Limited, Maharashtra State

Power Generation Corporation Ltd.

183 Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Odisha

(1)

(2)

(3)

(4)

184 Biharinath

Bankura DRI Mining Manufacturers Co.

West Bengal

Pvt. Ltd.

185 Andal East

Bhushan Steel Ltd., Jai Balaji Industries

West Bengal

Ltd., Rashmi Cement Ltd.

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

West Bengal

Ltd.

190 Moira-Madhujore

Ramsarup Lohh Udyog Ltd., Adhunik

West Bengal

Corporation Ltd., Uttam Galva 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

West Bengal

Corporation Limited (WBPDCL)

194 Gangaramchak

West Bengal Power Development

West Bengal

Corporation Limited (WBPDCL)

195 Barjora

West Bengal Power Development

West Bengal

Corporation Limited (WBPDCL)

196 Gangaramchak-

West Bengal Power Development

West Bengal

Bhadulia

Corporation Limited (WBPDCL)

197 Tara (East)

West Bengal State Electricity Board

West Bengal

198 Jaganathpur B

West Bengal Mineral Development & West Bengal

Trading Corp.

199 Sitarampur

West Bengal Mineral Development & West Bengal

Trading Corp. Ltd.

200 Trans Damodar

West Bengal Mineral Development & West Bengal

Trading Corp. Ltd.

(1)

(2)

(3)

(4)

201 Ichhapur

West Bengal Mineral Development & West Bengal

Trading Corp. Ltd.

202 Kulti

West Bengal Mineral Development & West Bengal

Trading Corp. Ltd.

203 Jaganathpur A

West Bengal Mineral Development & West Bengal

Trading Corp.Ltd.

204 East of Damogoria West Bengal Power Development

West Bengal

(Kalyaneshwari) Corporation Limited (WBPDCL)

SCHEDULE-II

[See section 3(1)(q)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No.

Mine/Block

Located

(1)

(2)

(3)

(4)

1 Namchik Namphuk Arunachal Pradesh Mineral Dev.& Arunachal Pradesh

Trading Corporation

2 Gare-Palma-IV/4

Jayaswal Neco Ltd.

Chhattisgarh

3 Gare-Palma-IV/2

Jindal Power Ltd. (Now Jindal Steel & Chhattisgarh

Power Ltd.)

4 Gare-Palma-IV/3

Jindal Power Ltd. (Now Jindal Steel & Chhattisgarh

Power Ltd.)

5 Gare-Palma-IV/1

Jindal Strips Limited (Now Jindal Steel &

Chhattisgarh

Power Ltd.)

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

Chhattisgarh

Energy and Mineral Limited)

9 Parsa East

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. Chhattisgarh

(RRVUNL)

(1)

(2)

(3)

(4)

Kanta Basan

Rajasthan Rajya Vidyut Utpadan Nigam Ltd. Chhattisgarh

(RRVUNL)

Parbatpur-Central

Electrosteel Castings Ltd.

Jharkhand

Tokisud North

GVK Power (Govindwal Sahib) Ltd.

Jharkhand

Pachwara Central

Punjab State Electricity Board

Jharkhand

Kathautia

Usha Martin Ltd.

Jharkhand

Pachwara North West Bengal Power Development

Jharkhand

Corporation Limited (WBPDCL)

Gotitoria (East)

BLA Industries Ltd.

Madhya Pradesh

Gotitoria (West) BLA Industries Ltd.

Madhya Pradesh

Mandla North

Jaipraskash Associates Ltd.

Madhya Pradesh

Amelia (North)

Madhya Pradesh State Mining

Madhya Pradesh

Corporation

Bicharpur

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd. (MPSMC)

Sial Ghoghri

Prism Cement Limited

Madhya Pradesh

Marki Mangli-I

B. S. Ispat Ltd.

Maharashtra

Baranj-I

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj-II

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj-III

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Baranj-IV

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Kiloni

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Manora Deep

Karnataka Power Corp. Ltd. (KPCL)

Maharashtra

Marki Mangli-II

Shree Veerangana Steels Limited

Maharashtra

Marki Mangli-III Shree Veerangana Steels Limited

Maharashtra

Belgaon

Sunflag Iron & Steel Co. Ltd.

Maharashtra

Talabira-I

Hindalco Industries Ltd.

Odisha

Barjora (North)

Damodar Valley Corporation

West Bengal

Kagra Joydev

Damodar Valley Corporation

West Bengal

Sarisatolli

Calcutta Electricity Supply Corporation

West Bengal

Ltd.

(1)

(2)

(3)

(4)

G. 6/2015/DTP (1).

Ardhagram

Sova Ispat Limited, Jai Balaji Sponge Ltd.

West Bengal

Tara (West)

West Bengal Power Development Corporation

West Bengal

Limited (WBPDCL)

Gangaramchak

West Bengal Power Development Corporation

West Bengal

Limited (WBPDCL)

Barjora

West Bengal Power Development Corporation

West Bengal

Limited (WBPDCL)

Gangaramchak-

West Bengal Power Development Corporation

West Bengal

Bhadulia

Limited (WBPDCL)

Tara (East)

West Bengal State Electricity Board

West Bengal

Trans Damodar

West Bengal Mineral Dev. & Trading

West Bengal

Corp. Ltd.

SCHEDULE- III

[See section 3 (1) (r)]

Sl.

Name of Coal

Name of Prior Allottee

State where Coal

No.

Mine/Block

Located

(1)

(2)

(3)

(4)

1 Durgapur-II/

Bharat Alluminium Company Ltd.

Chhattisgarh

Taraimar

2 Durgapur-II/

DB Power Ltd.

Chhattisgarh

Sarya

3 Gare Pelma

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

Madhya Pradesh

Ltd.

8 Mandla South

Madhya Pradesh State Mining

Madhya Pradesh

Corporation Ltd.

(1)

(2)

(3)

(4)

9 Dongeri Tal-II

Madhya Pradesh State Mining Corporation

Madhya Pradesh

Ltd. (MPSMC)

Kosar Dongergaon Chaman Metaliks Ltd.

Maharashtra

Nerad Malegaon Gupta Metallics & Power Ltd., Gupta

Maharashtra

Coalfields & Washeries Ltd.

Marki Mangli-IV Shree Veerangana Steel Limited

Maharashtra

Jamkhani

Bhushan Ltd.

Odisha

Utkal B1

Jindal Steel & Power Ltd.

Odisha

Utkal B2

Monet Ispat Ltd.

Odisha

Mandakini

Monet Ispat Energy Ltd., Jindal Photo

Odisha

Ltd., Tata Power Company Ltd.

Utkal-C

Utkal Coal Ltd. (formerly ICCL)

Odisha

Brinda

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Sasai

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Meral

Abhijeet Infrastructure Pvt. Ltd.

Jharkhand

Moitra

Jayaswal Neco Ltd.

Jharkhand

Jitpur

Jindal Steel & Power Ltd.

Jharkhand

Rohne

JSW Steel Ltd., Bhushan Power& Steel

Jharkhand

Ltd., Jai Balaji Industries Ltd.

Dumri

Nilachal Iron & Power Ltd., Bajrang Ispat

Jharkhand

Pvt. Ltd.

Kerandari

National Thermal Power Ltd.

Jharkhand

Sitanala

Steel Authority of India Ltd.

Jharkhand

Ganeshpur

Tata Steel Ltd., Adhunik Thermal Energy

Jharkhand

Badam

Tenughat Vidyut Nigam Limited

Jharkhand

Tara

Chhattisgarh Mineral Development

Chhattisgarh

Corporation Ltd.

Lohari

Usha Martin Ltd.

Jharkhand

Dulanga

National Thermal Power Corporation

Odisha

Manoharpur

Odisha Power Generation Corporation

Odisha

(1)

(2)

(3)

(4)

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 1A, 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 be, or

any other company incorporated in India; or

(b) a company or a joint venture company formed by two or more

companies,

that carry on coal mining operations in India, in any form either for

own consumption, sale or for any other purpose in accordance with

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

(2) The Central Government may, with a view to rationalise such coal

mines so as to ensure the 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 (DEVELOPMENTAND REGULATION) ACT, 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:—

‘11A. 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 be, or

any other company incorporated in India; or

(b) a company or a joint venture company formed by two or more

companies, that carry on coal mining operations in India, in any form

either for own consumption, sale or for any other purpose in

accordance with the permit, prospecting licence or mining lease, as the

case may be.

(2) The Central Government may, with a view to rationalise coal and

lignite mines referred to in sub-section (1), so as to ensure the 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.

(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).’.

2. 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 11A.’’.

PRANAB MUKHERJEE,

President.

P. K. MALHOTRA,

Secy. to the Government of India.