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THE ORIENTAL GAS COMPANY ACT, 1857

Legal India — Sat, 20 Jun 2009 17:55:32 +0000

An Act to confer certain powers on the Oriental Gas Company, Limited.

Preamble.–Whereas a Joint Stock Company has been lately formed for the purpose of introducing Gas-works into India, which Company having been completely registered in England under the Act of
Parliament of the eighth year of the reign of Her present Majesty, Cap. 110, has since been registered in England under “The Joint Stock
Companies Act, 1856″, with limited liability, and has duly obtained a certificate of Incorporation under the name of the Oriental Gas
Company, Limited; and whereas the said Company has erected Gas-works on land granted for that purpose by Government in the vicinity of the
Town of Calcutta, and is engaged in the preparation of apparatus and materials for the manufacture and supply of Gas for lighting the said
Town; and whereas it is expedient that powers and facilities should be given to the said Company to enable them to carry out their undertaking of lighting with Gas the said Town of Calcutta, which powers and facilities may hereafter be extended to the operations of the said Company in other towns and places; It is enacted as follows:-

1.Power to break up streets, etc., under superintendence, and to opendrains.

1. Power to break up streets, etc., under superintendence, and to open drains.–In the Town of Calcutta and its environs, and in any other town or place to which the provisions of this Act may hereafter be extended, by a law to be passed for that purpose, the Oriental Gas
Company, Limited, under such superintendence as is hereinafter specified, may open and break up the soil and pavement of the several streets and bridges, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits pipes, conduits, service-pipes, and other works, and from time to time repair, alter, or remove the same, and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the Gas;
and, for the purposes aforesaid, may remove and use all earth and materials in and under such streets and bridges; and they may in such streets erect any pillars, lamps, and other works, and do all other acts which the said Company shall from time to time deem necessary for supplying Gas to the inhabitants of the said Town of Calcutta and its environs, or other town or place as aforesaid, doing as little damage as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution of such powers.

2.Not to enter on private land without consent.

2. Not to enter on privte land without consent.–Provided always, that nothing herein shall authorize or empower the said Company to lay down or place any pipe or other works into, through, or against any building, or in any land not dedicated to public use, without the consent of the owners and occupiers thereof; except that the said
Company may at any time enter upon and lay or place any new pipe in the place of an existing pipe, in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down.

54.3.Notice to be served on persons having control, etc., before breakingup streets or opening drains.

3. Notice to be served on persons having control, etc., before breaking up streets or opening drains.–Before the said Company proceed to open or break up and street, bridge, sewer, drain, or tunnel, they shall give to the Municipal Commissioners for the Town of
Calcutta, or other persons under whose control or management the same may be, or to their Clerk, Surveyor, or other officer, notice in writing of their intention to open or break up the same, not less than three clear days before beginning such work; except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work, or the necessity for the same shall have arisen.

4.Streets or drains not to be broken up except under superintendence ofpersons having control of the same. If persons having the control,etc., fail to superintend, Company may proceed with the work

4. Streets or drains not to be broken up except under superintendence of persons having control of the same. If persons having the control, etc., fail to superintend, company may proceed with the works.–No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by a Magistrate; and such Magistrate may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the said Company to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain;

Provided always that, if the persons having such control or management as aforesaid, and their officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said Companys intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said Company may perform the work specified in such notice without the superintendence of such persons or their officer.

5.Streets broken up to be reinstated without delay.

5. Streets broken up to be reinstated withhout delay.–When the said Company open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall, with all convenient speed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for the warning of passengers, to be set up an 1 maintained against or near such road or pavement where the same shall be open or broken up, every night during which the same shall be continued open or broken up; and shall keep the road or pavement which has been so broken up in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, s the soil so broken up shall continue to subside.

6.Penalty for delay in reinstating streets.

6. Penalty for delay in reinstating streets.–If the said Company open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the said Company are hereby authorized to perform such works without any superintendence or notice; or if the said Company make any delay in completing any such work, or in filling in the ground or reinstating and making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby; or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same shall have been made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such default is made, a sum not exceeding fifty rupees for every such offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

7.In case of delay, other parties may reinstate, and recover theexpenses.
Expense how to be ascertained and recovered.

7. In case of delay, other parties may reinstate, and recover the expenses. Expense how to be ascertained and recovered.–If any such delay or omission as aforesaid take place, the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which

55.such delay or omission shall take place, may cause the work so delayed or omitted to be executed; and the expense of executing the same shall be repaid to such persons by the said Company; and the amount of such expense shall, in case of any dispute about the same, be ascertained and recovered in Calcutta and in any other town or place subject to the jurisdiction of any of Her Majestys Courts of Judicature, in the manner in which expenses are ascertained and recovered under Act XIV
of 1856 1, and in any town or place not within the jurisdiction of any of Her Majestys Courts, in the same manner as damages are recoverable under this Act.

8.Power to enter buildings for ascertaining quantity of gas consumed.

8. Power to enter buildings for ascertaining quantity of gas consumed.–The Clerk, Engineer, or other officer duly appointed for the purpose by the said Company, may, at all reasonable times, enter any buildings or place lighted with Gas supplied by the said Company, in order to inspect the meters, fittings, and works for regulating the supply of Gas, and for the purpose of ascertaining the quantity of Gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said
Company a sum not exceeding fifty rupees.

9.Recovery of rent due for gas.

9. Recovery of rent due for gas.–If any person supplied with
Gas, or any person to whom any meter or fitting shall have been let for hire by the said Company, neglect to pay the rent due for the same to the said Company, the said Company may stop the Gas from entering the premises of such person, by cutting off the service-pipes, or by such means as the said Company shall think fit, and recover the rent due from such person, together with the expenses of cutting off the
Gas, by action in any Court of competent jurisdiction.

10.Power to take away pipes when supply of gas discontinued.

10. Power to take away pipes when supply of gas discontinued.–In all cases in which the said Company are authorized to cut off and take away the supply of Gas from any house or building or premises under the provisions of this Act, the said Company, their agents or workmen, after giving twenty-four hours previsions notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the after noon, and remove and carry away any pipe, meter, fittings, or other works, the property of the said Company.

11.Meters not liable to distress for rent, etc.

11. Meters not liable to distress for rent, etc.–Any meter or fitting let for hire by the said Company shall not be subject to distress for rent or revenue or any rate due upon the premises where the same may be used, nor be taken in execution under any process of a
Court of law or equity, or any proceeding in insolvency against the person in whose possession the same may be.

12.Penalty for fraudulently using gas.

12. Penalty for fraudulently using gas.–Every person who shall lay, or cause to be laid, any pipe to communicate with any pipe belonging to the said Company, without their consent, or shall fraudulently injure any such meter as aforesaid, or who, in case the
Gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said
Company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn the Gas, or shall supply any other person with any part of the Gas supplied to him by the said Company, shall forfeit to the said Company the sum of fifty rupees for
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1. Rep. by Act 16 of 1874.56.every such offence, and also the sum of twenty rupees for every day such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed or continued, or such supply furnished;
and the said Company may take off the Gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

13.Penalty for wilfully damaging pipes.

13. Penalty for wilfully damaging pipes.–Every person who shall wilfully remove, destroy, or damage any pipe, pillar, post, plug, lamp, or other work of the said Company for supplying Gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the Gas supplied by the said Company, shall, for each such offence, forfeit to the said Company any sum not exceeding fifty rupees, in addition to the amount of the damage done.

14.Satisfaction for accidentally damaging pipes.

14. Satisfaction for accidentally damaging pipes.–Every person who shall carelessly or accidentally break, throw down, or damage any pipe, or pillar, or lamp belonging to the said Company, or under their control, shall pay such sum of money by way of satisfaction to the said Company for the damage done, not exceeding fifty rupees, as any
Magistrate shall think reasonable.

15.Penalty for causing water to be corrupted. Daily penalty during thecontinuance of the offence.

15. Penalty for causing water to be corrupted. Daily penalty during the continuance of the offence.–If the said Company shall at any time cause or suffer to be brought, or to flow into any stream, reservoir, aqueduct, pond, or place for water, or into any drain communicating therewith, any washing or other substance produced in making or supplying Gas, or shall wilfully do any act connected with the making or supplying of Gas, whereby the water in any such stream, reservoir, aqueduct, pond, on place for water, shall be fouled, the said Company shall forfeit for every such offence a sum not exceeding one thousand rupees; and they shall forfeit an additional sum not exceeding five hundred rupees for each day during which such washing or other substance shall be brought or shall flow, or the act by which such water shall be found shall continue, after the expiration of twenty-four hours from the time when notice of the offence shall have been served on the said Company, by the person into whose water such washing or other substance shall be brought or shall flow, or whose water shall be fouled thereby; and such penalties shall be paid to such last-mentioned person.

16.Daily penalty during escape of Gas after notice.

16. Daily penalty during escape of Gas after notice.–Whenever any Gas shall escape from any pipe, laid down or set up by or belonging to the said Company, they shall, immediately after receiving notice thereof in writing, prevent such Gas from escaping; and in case the said Company shall not, within twenty-four hours next after service of such notice, effectually prevent the Gas from escaping, and wholly remove the cause of complaint, they shall for every such offence forfeit the sum of fifty rupees for each day during which the
Gas shall be suffered to escape, after the expiration of tewnty four hours from the service of such notice.

17.Penalty if water be fouled by Gas.

17. Penalty if water be fouled by Gas.–Whenever any water shall be fouled by the Gas of the said Company, they shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding two hundred rupees, and a further sum, not exceeding one hundred rupees, for each day during which the offence shall continue, after the expiration of twenty-four hours from the service of notice of such offence.

18.Power to examine Gas-pipes to ascertain cause of water being fouled.

18. Power to examine Gas-pipes to ascertain cause of water being fouled.–For the purpose of ascertaining whether such water be fouled by the Gas of the said Company, the person to whom the water supposed to be fouled shall belong, may dig up the ground, and examine the conduits, and works of the said Company; provided that such person, before proceeding so to dig and examine, shall give twenty-four hours
notice in writing to the said Company of the time

57.at which such digging and examination is intended to take place, and shall give the like notice to the persons having the control or management of the road, pavement, or place where such digging is to take place, and they shall be subject to the like obligation of reinstating the said road and pavement, and the same penalties for delay, or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken up by the said
Company, for the purpose of laying their pipes.

19.Expenses to abide result of examination.

19. Expenses to abide result of examination.–If upon any such examination it appears that such water has been fouled by any Gas belonging to the said Company, the expenses of the digging, examination, and repair of the street or place disturbed in any such examination shall be paid by the said Company; but if upon such examination, it appear that the water has not been fouled by the Gas of the said Company, the person causing such examination to be made, shall pay all such expenses, and shall also make good to the said
Company any injury which may be occasioned to their works by such examination.

20.How expenses to be ascertained.

20. How expenses to be ascertained.–The amount of the expenses of every such examination and repair, and of any injury done to the said Company, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the manner prescribed for the ascertainment and recovery of expenses in section of this Act.

21.Liability to indictments for nuisance.

21. Liability to indictments for nuisance.–Nothing in this Act contained shall prevent the said Company from being liable to an indictment for nuisance, or to any other legal proceedings to which they may be liable in consequence of making or supplying Gas.

22. Copies of the original Deed of Association and of all rules, etc., to be kept for inspection at the office of the Company in
Calcutta and in the office of the Registrar of Joint Stock Companies, or the Keeper of the Records of the Supreme Court at Fort William.–A
copy of the original Deed of Association of the said Company, and of every other instrument registered under the said “Joint Stock
Companies Act, 1856″, as constituting the Regulations of the said
Company, and a copy of every special resolution of a General Meeting whereby any change shall have been, or at any time shall be made in the Regulations of the said Company, shall be kept at the office of the said Company in Calcutta, and shall there be open to the inspection of all persons during the usual hours of business of the said office; and a copy of such original Deed of Association, and of every other such instrument, and of every special resolution as aforesaid, shall also be deposited by the said Company as soon as it can be done after the passing of this Act, or after the making of any such special resolution hereafter to be made, in the office of the
Registrar of Joint Stock Companies, or, if there be no such officer, in the office of the Keeper of the Records of the Supreme Court of
Judicature at Fort William 1*, and shall there be filed; and an examined copy of any such filed copy as aforesaid, certified by and under the hand of the Registrar of Joint Stock Companies, or of the
Keeper of the Records of the said Supreme Court, shall be good and sufficient evidence of each such original Deed, instrument, or special resolution, in all actions, suits, and proceedings whatsoever, whether civil or criminal, to be had in any Court of Justice or before any
Magistrate, or Revenue or other officer, and whether acting judicially or in any proceedings preliminary to a judicial inquiry, throughout the territories of the East India Company.

23.Service of process.

23. Service of process.–All services of mesne or other process, and all notices whatsoever which, by law or by the practice of any
Court wherein the said Company shall sue or be sued, are required to be made, served, and given, in addition to all ways and means by which the same may otherwise be legally made, and given, by leaving the same addressed to the Managing Agent of the said Company at the office in
Calcutta of the said company.
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1. Now High Court at Calcutta

58.24.Recovery of penalties, etc.

24. Recovery of penalties, etc.–All penalties and forfeitures imposed by this Act, and all damages and expenses the recovery of which is not specially provided for, may be recovered by summary proceeding before a Magistrate.

25.Levy by distress.

25. Levy by distress.–All penalties, forfeitures, damages, and expenses adjudged due under this Act, if the amount be not otherwise paid, may be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from such goods and chattels, after satisfying such amount and the expenses of the distress and sale, shall be returned on demand to the party whose goods shall have been distrained; or instead of proceeding by distress and sale, or in case of failure to realise by distress the whole or any part of any penalties, forfeitures, damages, or expenses imposed or incurred under the provisions of this Act, the person claiming such penalty, forfeiture, damage, or expenses, may sue the person liable to pay the same in any Court of competent jurisdiction.

26.No distress unlawful for want of form, etc.

26. No distress unlawful for want of form, etc.–No distress levied by virtue of this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall any such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but all persons aggrieved by any irregularity may recover full satisfaction for the special damage in any Court of competent jurisdiction.

27.Interpretation.

27. Interpretation.–The following words and expressions used in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction
(that is to say):-

Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number.

Words importing the masculine gender shall include females.

The word “person” shall include a corporation, whether aggregate or sole.

The word “street” shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place.

The word “Magistrate” shall include any Magistrate of Police, and any joint Magistrate or other person lawfully exercising the powers of
Magistrate, acting at or for the place or district where the matter requiring the cognizance of any such Magistrate arises.

59.1.Power to break up streets, etc., under superintendence, and to opendrains.

1.Power to break up streets, etc., under superintendence, and to open drains. In the Town of Calcutta and its environs, and in any other town or place to which the provisions of this Act may hereafter be extended, by a law to be passed for that purpose, the Oriental Gas
Company, Limited, under such superirntendence as is hereinafter specified, may open and break up the soil and pavement of the several streets and bridges, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits pipes, conduits, service-pipes, and other works, and from time to time repair, alter, or remove the same, and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the Gas ;
and, for the purposes aforesaid, may remove and use all earth and materials in and under such streets and. bridges ; and they may in such streets erect any pillars, lamps, and other works, and do all other acts which the said Company shall from time to time deem necessary for supplying Gas to the inhabitants of the said Town of
Calcutta and its environs, or other town or place as aforesaid, doing as little damage as may be in the execution of the powers hereby

4.granted, and making compensation for any damage which may be done in the execution of such powers.

2.Not to enter on private land without consent.

2.Not to enter on private land without consent. Provided always, that nothing herein shall authorize or empower the said Company to lay down or place any pipe or other works into, through, or against any building, or in any land not dedicated to public use, without the consent of the owners and occupiers thereof ; except that the said
Company may at any time enter upon and lay or place any new pipe in the place of an existing pipe, in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down.

3.Notice to be served on persons having control, etc., before breakingup streets or opening drains.

3.Notice to be served on persons having control, etc., before breaking up streets or opening drains. Before the said Company proceed to open or break up any street, bridge, sewer, drain, or tunnel, they shall give to the Municipal Commissioners for the Town of Calcutta, or other persons under whose control or management the same may be, or to their Clerk, Surveyor, or other officer, notice in writing of their intention to open or break up the same, not less than three clear days before beginning such work ; except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work, or the necessity for the same shall have arisen.

4.Streets or drains not to be broken up except under superintendence ofpersons having control of the same.

4.Streets or drains not to be broken up except under superintendence of persons having control of the same. No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by a Magistrate; and such Magistrate may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the said Company to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain: If persons having the control, etc., fail to superintend, Company may proceed with the work. Provided always that, if the persons having such control or management as aforesaid, and their officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said Companys intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said Company may perform the work specified in such notice without the superintendence of such persons or their officer.

5.5.Streets broken up to be reinstated without delay.

5. Streets broken up to be reinstated without delay. When the said Company open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall, with all convenient speed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby ; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for the warning of passengers, to be set up and maintained against or near such road or pavement where the same shall be open or broken up, every night during which the same shall be continued open or broken up; and shall keep the road or pavement which has been so broken up in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

6.Penalty for delay in reinstating streets.

6.Penalty for delay in reinstating streets. If the said Company open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the said Company are hereby authorized to perform such works without any superintendence or notice; or if the said Company make any delay in completing any such work, or in filling in the ground or reinstating and making good the road or payment, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby ; or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same shall have been made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such default is made, a sum not exceeding fifty rupees for every such offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

7.In case of delay, other parties may reinstate, and recover theexpenses.

7.In case of delay, other parties may reinstate, and recover the expenses. If any such delay or omission as aforesaid take place, the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such delay or omission

6.shall take place, may cause the work so delayed or omitted to be executed; and the expense of executing the same shall be repaid to such persons by the said Company ; and the amount of such expense shall, in case of any dispute about the same, be ascertained and recovered in Calcutta and in any other town or place subject to the jurisdiction of any of Her Majestys Courts of Judicature, in the manner in which expenses are ascertained and recovered under Act XIV
of 18561, and in any town or place not within the jurisdiction of any of Her Majestys Courts, in the same manner as damages are recoverable under this Act.(Expense how to be ascertained and recovered.)

8.Power to enter buildings for ascertaining quantity of gas consumed.

8.Power to enter buildings for ascertaining quantity of gas consumed. The Clerk, Engineer, or other officer duly appointed for the purpose by the said Company, may, at all reasonable times, enter any buildings or place lighted with Gas supplied by the said Company, in order to inspect the meters, fittings, and works for regulating the supply of Gas, and for the purpose of ascertaining the quantity of Gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said
Company a sum not exceeding fifty rupees.

9.Recovery of rent due for gas.

9.Recovery of rent due for gas. If any person supplied with Gas, or any person to whom any meter or fitting shall have been let for hire by the said Company, neglect to pay the rent due for the same to the said Company, the said Company may stop the Gas from entering the premises of such person, by cutting off the service-pipes, or by such means as the said Company shall think fit, and recover the rent due from such person, together with the expenses of cutting off the Gas, by action in any Court of competent jurisdiction.

10.Power to take away pipes when supply of gas discontinued.

10.Power to take away pipes when supply of gas discontinued. In all cases in which the said Company are authorized to cut off and take away the supply of Gas from any house or building or premises under the provisions of this Act, the said Company, their agents or workmen, after giving twenty-four hours previous notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, fittings, or other works, the property of the said Company.

11.Meters not liable to distress for rent, etc.

11.Meters not liable to distress for rent, etc. Any meter or fitting let for hire by the said Company shall not be subject to distress for rent or revenue or any rate due upon

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1 Rep. by Act 16 of 1874.———————————————————————

7.the premises where the same may be used, nor be taken in execution under any process of a Court of law or equity, or any proceeding in insolvency against the person in whose possession the same may be.

12.Penalty for fraudulently using gas.

12.Penalty for fraudulently using gas. Every person who shall lay, or cause to be laid, any pipe to communicate with any pipe belonging to the said Company, Without their consent, or shall fraudulently injure any such meter Is aforesaid, or who, in case the
Gas supplied by the said Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said Company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or bum the Gas, or shall supply any other person with any part of the Gas supplied to him by the said Company, shall forfeit to the said Company the sum of fifty rupees for every such offence, and also the sum of twenty rupees for every day such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed or continued, or such supply furnished; and the said Company may take off the Gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

13.Penalty for wilfully damaging pipes.

13.Penalty for wilfully damaging pipes. Every person who shall wilfully remove, destroy, or damage any pipe, pillar, post, plug, lamp, or other work of the said Company for suppling Gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the Gas supplied by the said Company, shall, for each such offence, forfeit to the said Company any sum not exceeding fifty rupees, in addition to the amount of the damage done.

14.Satisfaction for accidentally damaging pipes.

14.Satisfaction for accidentally damaging pipes. Every person who shall carelessly-or accidentally break, throw down, or damage any pipe, pillar, or lamp belonging to the said Company, or under their control, shall pay such sum of money by way of satisfaction to the said Company for the damage done, not exceeding fifty rupees, as any
Magistrate shall think reasonable.

15.Penalty for causing water to be corrupted.

15.Penalty for causing water to be corrupted.If the said Company shall at any time cause or suffer to be brought, or to flow into any stream, reservoir, aqueduct, pond, or place for water, or into any drain communicating therewith, any washing or other substance produced in making or supplying Gas, or shall wilfully do any act connected with the making or supplying of Gas, whereby the water in any such stream, reservoir, aqueduct, pond, or place for water, shall be fouled, the said Company shall forfeit for every such offence a sum not exceeding one thousand

8.Daily penalty during the continuance of the offence.

Daily penalty during the continuance of the offence. rupees; and they shall forfeit an additional sum not exceeding five hundred rupees for each day during which such washing or other substance shall be brought or shall flow, or the act by which such water shall be fouled shall continue, after the expiration of twentyfour hours from the time when notice of the offence shall have been served on the said Company, by the person into whose water such washing or other substance shall be brought or shall flow, or whose water shall be fouled thereby ; and such penalties shall be paid to such last-mentioned person.

16.Daily penalty during escape of Gas after notice.

16.Daily penalty during escape of Gas after notice. Whenever any
Gas shall escape from any pipe, laid down or set up by or belonging to the said Company, they shall, immediately after receiving notice thereof in writing, prevent such Gas from escaping; and in case the said Company shall not, within twentyfour hours next after service of such notice, effectually prevent the Gas from escaping, and wholly remove the cause of complaint, they shall for every such offence forfeit the sum of fifty rupees for each day during which the Gas shall be suffered to escape, after the expiration of twenty-four hours from the service of such notice.

17.Penalty if water be fouled by Gas.

17.Penalty if water be fouled by Gas. Whenever any water shall be fouled by the Gas of the said Company, they shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding two hundred rupees, and a further sum, not exceeding one hundred rupees, for each day during which the offence shall continue, after the expiration of twenty-four hours from the service of notice of such offence.

18.Power to examine Gas-pipes to ascertain cause of water being fouled.

18.Power to examine Gas-pipes to ascertain cause of water being fouled. For the purpose of ascertaining whether such water be fouled by the Gas of the said Company, the person to whom the water supposed to be fouled shall belong, may dig up the ground, and examine the pipes, conduits, and works of the said Company; provided that such person, before proceeding so to dig and examine, shall give twenty-
four hours notice in writing to the said Company of the time at which such digging and examination is intended to take place, and shall give the like notice to the persons having the control or management of the road, pavement, or place where such digging is to take place, and they shall be subject to the like obligation of reinstating the said road and pavement, and the same penalties for delay, or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken up by the said Company, for the purpose of laying their pipes.

19.Expenses to abide result of examination.

19.Expenses to abide result of examination. If upon any such examination it appear that such water has been fouled by any Gas belonging to the said Company, the expenses of the digging, examination, and repair of the street or place

9.disturbed in any such examination shall be paid by the said Company ;
but if upon such examination, it appear that the water has not been fouled by the Gas of the said Company, the person causing such examination to be made, shall pay all such expenses, and shall also make good to the said Company any injury which may be occasioned to their works by such examination.

20.How expenses to be ascertained.

20.How expenses to be ascertained. The amount of the expenses of every such examination and repair, and of any injury done to the said
Company, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the manner prescribed for the ascertainment and recovery of expenses in section 7 of this Act.

21.Liability to indictments for nuisance.

21.Liability to indictments for nuisance. Nothing in this Act contained shall prevent the said Company from being liable to an indictment for nuisance, or to any other legal proceedings to which they may be liable in consequence of making or supplying Gas.

22.Copies of the original Deed of association and of all rules, etc., to be kept for inspection at the office of the Company in
Calcutta and in the office of the Registrar of Joint Stock Companies, or the keeper of the Records of the Supreme Court at Fort William. A
copy of the original Deed of Association of the said Company, and of every other instrument registered under the said ” Joint Stock
Companies Act, 1856 “, as constituting the Regulations of the said
Company, and a copy of every special resolution of a General Meeting whereby any change shall have been, or at any time shall be made in the Regulations of the said Company, shall be kept at the office of the said Company in. Calcutta, and shall there be open to the inspection of all persons during the usual hours of business of the said office ; and a copy of such original Deed of Association, and of every other such instrument, and of every special resolution as aforesaid, shall also be deposited by the said Company as soon as it can be done after the passing of this Act, or after the making of any such special resolution hereafter to be made, in the office of the
Registrar of Joint Stock Companies, or, if there be no such officer, in the office of the Keeper of the Records of the Supreme Court of
Judicature at Fort William, and shall there be filed ; and an examined copy of any such filed copy as aforesaid, certified by and under the hand of the Registrar of Joint Stock Companies, or of the
Keeper of the Records of the said Supreme Court, shall be good and sufficient evidence of each such original Deed, instrument, or special resolution, in all actions, suits, and proceedings whatsoever, whether civil or criminal, to be had in any Court of Justice or before any
Magistrate, or Revenue or other officer, and whether acting judicially or in any proceedings preliminary to a judicial inquiry, throughout the territories of the East India Company.

———————————————————————
1 Now High Court at Calcutta.
———————————————————————

10.23.Service of process.

23.Service of process. All services of mesne or other process, and all notices whatsoever, which, by law or by the practice of any
Court wherein the said Company shall sue or be sued, are required to be made, served, or given for any purpose whatsoever to the said
Company, shall and may be made, served, and given, in addition to all ways and means by which the same may otherwise be legally made, served, and given, by leaving the same addressed to the Managing Agent of the said Company at the office in Calcutta of the said Company.

24.Recovery of penalties, etc.

24.Recovery of penalties, etc. All penalties and forfeitures imposed by this Act, and all damages and expenses the recovery of which is not specially provided for, may be recovered by summary proceeding before a Magistrate.

25.Levy by distress.

25.Levy by distress. All penalties, forfeitures, damages, and expenses adjudged due under this Act, if the amount be not otherwise paid, may be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from such goods and chattels, after satisfying such amount and the expenses of the distress and Sale, shall be returned on demand to the party whose goods shall have been distrained ; or instead of proceeding by dis-
tress and sale, or in case of failure to realise by distress the whole or any part of any penalties, forfeitures, damages, or expenses imposed or incurred under the provisions of this Act, the person claiming such penalty, forfeiture, damage, or expenses, may sue the person liable to pay the same in any Court of competent jurisdiction.

26.No distress unlawful for want of form, etc.

26.No distress unlawful for want of form, etc. No distress levied by virtue of this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall any such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him ; but all person,, aggrieved by any irregularity may recover full satisfaction for the special damage in any Court of competent jurisdiction.

27.Interpretation.

27.Interpretation. The following words and expressions used in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction
(that is to say)

Words importing the singular number only shall include the plural number, and words importing the plural number only shall include also the singular number.

Words importing the masculine gender shall include females.

11.The word “person” shall include a corporation, whether aggregate or sole.

The word ” street ” shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place.

The word ” Magistrate ” shall include any Magistrate of Police, and any joint Magistrate or other person lawfully exercising the powers of Magistrate, acting at or for the place or district where the matter requiring the cognizance of any such Magistrate arises.

THE ORIENTAL GAS COMPANY
#
ACT NO. 5 OF 1857.
[13th February, 1857.]
+

An Act to confer certain powers on the Oriental Gas Company, Limited.

1.Power to break up streets, etc., under superintendence, and to opendrains.

2.Not to enter on private land without consent.

54.3.Notice to be served on persons having control, etc., before breakingup streets or opening drains.

4.Streets or drains not to be broken up except under superintendence ofpersons having control of the same. If persons having the control,etc., fail to superintend, Company may proceed with the work

5.Streets broken up to be reinstated without delay.

6.Penalty for delay in reinstating streets.

7.In case of delay, other parties may reinstate, and recover theexpenses.
Expense how to be ascertained and recovered.

8.Power to enter buildings for ascertaining quantity of gas consumed.

9.Recovery of rent due for gas.

10.Power to take away pipes when supply of gas discontinued.

11.Meters not liable to distress for rent, etc.

12.Penalty for fraudulently using gas.

13.Penalty for wilfully damaging pipes.

14.Satisfaction for accidentally damaging pipes.

15.Penalty for causing water to be corrupted. Daily penalty during thecontinuance of the offence.

16.Daily penalty during escape of Gas after notice.

17.Penalty if water be fouled by Gas.

18.Power to examine Gas-pipes to ascertain cause of water being fouled.

19.Expenses to abide result of examination.

20.How expenses to be ascertained.

21.Liability to indictments for nuisance.

23.Service of process.

58.24.Recovery of penalties, etc.

25.Levy by distress.

26.No distress unlawful for want of form, etc.

27.Interpretation.

Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number.

Words importing the masculine gender shall include females.

The word “person” shall include a corporation, whether aggregate or sole.

The word “street” shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place.

THE ATOMIC ENERGY ACT, 1962

Legal India — Fri, 19 Jun 2009 20:16:55 +0000

An Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes and for matters connected therewith.

1.Short title, extent and commencement.

1. Short title, extent and commencement.- (1) This Act may be called the Atomic Energy Act, 1962.(2) It extends to the whole of India.

(3) It shall come into force on such date 1* as the Central
Government may, by notification in the Official Gazette, appoint.

2.Definitions and interpretation.

2. Definitions and interpretation.- (1) In this Act, unless the context otherwise requires,–

(a) “atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes;

(b) “fissile material” means uranium 233, uranium 235, plutonium or any material containing these substances or any other material that may be declared as such by notification by the Central Government;

2*[(bb) "Government company" means a company in which not less than fifty-one per cent of the paid up share capital is held by the Central Government.]

(c) “minerals” include all substances obtained or obtainable from the soil (including alluvium or rocks) by underground or surface working;

(d) “notification” means notification published in the
Official Gazette;

(e) “plant” includes machinery, equipment or appliance, whether affixed to land or not;

(f) “prescribed equipment” means any property which the
Central Government may, by notification, prescribe, being a property which in its opinion is specially designed or adapted or which is used or intended to be used for the production or utilisation of any prescribed substance, or for the production or utilisation of atomic
———————————————————————-
1. 21st September, 1962; vide Notification No. G.S.R. 1254, dated
18-9-1962, Gazette of India, Extraordinary, Pt.II, Sec. 3(i), p.
481.2. Ins. by Act 29 of 1987, s. 2.14.energy, radioactive substances, or radiation, but does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid;

(g) “prescribed substance” means any substance including any mineral which the Central Government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances;

(h) “radiation” means gamma rays, X-rays, and rays, consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles; but not sound or radio waves, or visible, infrared or ultraviolet light;

(i) “radioactive substance” or “radioactive material” means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government.

(2) Any reference in this Act to the working of minerals shall be construed as including a reference to the mining, getting, carrying away, transporting, sorting, extracting or otherwise treating of minerals.

(3) Any reference in this Act to the production or use of atomic energy shall be construed as including a reference to the carrying out of any process, preparatory or ancillary to such production or use.

3.General powers of the Central Government.

of this Act, the Central Government shall have power–

(a) to produce, develop, use and dispose of atomic energy and carry out research into any matters connected therewith;

1*[either by itself or through any authority or corporation established by it or a Government company]

1*[(b) to manufacture or otherwise produce any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy or such research as aforesaid and to dispose of such prescribed or radioactive substance or any articles manufactured or otherwise produced;

(bb) (i) to buy or otherwise acquire, store and transport any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy; and

(ii) to dispose of such prescribed or radioactive substance or any articles bought or otherwise acquired by it,

either by itself or through any authority or corporation established by it, or a Government company;"]
———————————————————————-
1. Ins. by Act 29 of 1987, s. 3.2. Subs. by s. 3, ibid. for cl. (b).

15.(c) to declare as “restricted information” any information not so far published or otherwise made public relating to–

(i) the location, quality and quantity of prescribed substances and transactions for their acquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise;

(ii) the processing of prescribed substances and the extraction or production of fissile materials from them;

(iii) the theory, design, construction and operation of plants for the treatment and production of any of the prescribed substances and for the separation of isotopes;

(iv) the theory, design, construction and operation of nuclear reactors;

(v) research and technological work on materials and processes involved in or derived from items (i) to
(iv)

(d) to declare as “prohibited area” any area or premises where work including research, design or development is carried on in respect of the production, treatment, use, application or disposal of atomic energy or of any prescribed substance;

(e) to provide for control over radioactive substances or radiation generating plant in order to–

(i) prevent radiation hazards;

(ii) secure public safety and safety of persons handling radioactive substances or radiation generating plant; and

(iii) ensure safe disposal of radioactive wastes;

(f) to provide for the production and supply of electricity from atomic energy and for taking measures conducive to such production and supply and for all matters incidental thereto 1*["either by itself or through any authority or corporation established by it or a
Government company]; and

(g) to do all such things (including the erection of buildings and execution of works and the working of minerals) as the Central Government considers necessary or expedient for the exercise of the foregoing powers.
———————————————————————-
1. Ins. by Act 29 of 1987, s. 3.16.4.Notification of discovery of uranium or thorium.

4. Notification of discovery of uranium or thorium.- (1) Every person who, whether before or after the commencement of this Act, has discovered or discovers that uranium or thorium occurs at any place in
India shall, within three months after the date of commencement of this Act or after the discovery, whichever is later, report the discovery in writing to the Central Government or to any person or authority authorised by the Central Government in this behalf.

(2) Every person who has reason to believe that uranium or thorium occurs at any place in India shall, without delay, send intimation of such belief and the reasons therefor to the Central
Government or to any such person or authority as aforesaid.

5.Control over mining or concentration of substances containing uranium.

5. Control over mining or concentration of substances containing uranium.-(1) If the Central Government is satisfied that any person is mining or is about to mine any substance from which, in the opinion of the Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, or is engaged or is about to be engaged in treating or concentrating by any physical, chemical or metallurgical process any substance from which, in the opinion of the
Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, the Central Government may by notice in writing given to that person either–

(a) require him in conducting the mining operations or in treating or concentrating the substance aforesaid to comply with such terms and conditions and adopt such processes as the Central Government may in the notice, or from time to time thereafter, think fit to specify, or

(b) totally prohibit him from conducting the mining operations or treating or concentrating the substance aforesaid.

(2) Where any terms and conditions are imposed on any person conducting any mining operations or treating or concentrating any substance under clause (a) of sub-section (1), the Central Government may, having regard to the nature of the terms and conditions, decide as to whether or not to pay any compensation to that person and the decision of the Central Government shall be final:

Provided that where the Central Government decides not to pay any compensation, it shall record in writing a brief statement giving the reasons for such decision.

(3) Where the Central Government decides to pay any compensation under sub-section (2), the amount thereof shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance referred to in sub-section (1).

17.(4) Where any mining operation or any process of treatment or concentration of any substance is prohibited under clause (b) of sub-
section (1), the Central Government shall pay compensation to the person conducting the mining operations or using the process of treatment or concentration and the amount of such compensation shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance.

6.Disposal of uranium.

6. Disposal of uranium.- (1) No minerals, concentrates and other materials which contain uranium in its natural state in excess of such proportion as may be prescribed by notification by the Central
Government shall be disposed of except with the previous permission in writing of the Central Government and in accordance with such terms and conditions as it may impose.

(2) The Central Government may serve notice on any person who has produced any mineral, concentrate or other material referred to in sub-section (1) that the Central Government 1*[proposes to compulsorily acquire it and upon the service of the notice], the mineral, concentrate or other material shall become the property of the Central Government and shall be delivered to the Central
Government or as it may direct:

2* * * * *

3*[(3) Compensation in respect of acquisition under sub-section
(2) shall be paid in accordance with section 21 and in determining such compensation regard shall be had to the cost of production of such mineral, concentrate or other material and such other factors as may be relevant, but no account shall be taken of the value of uranium in its natural state contained therein.]

7.Power to obtain information regarding materials, plant or processes.

7. Power to obtain information regarding materials, plant or processes.- The Central Government may, by notice in writing served on any person, require him to make such periodical and other returns, or statements at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice relating to–

(a) any prescribed substance, specified in the notice, in his possession or under his control or present in or on any land or mine owned or occupied by him which in the opinion of the Central Government is or can be a source of any of the prescribed substances, including returns in respect of any such land or mine;

(b) any plant in his possession or under his control designed for mining or processing of minerals so specified, or adapted for the production or use of atomic energy or research into matters connected therewith;
———————————————————————-
1. Subs. by Act 59 of 1986, s. 2, for certain words (w.e.f.
21-9-1962).
2. The proviso omitted by s. 2, ibid. (w.e.f. 21-9-1962).
3. Ins. by s. 2, ibid. (w.e.f. 21-9-1962).

18.(c) any contract entered into by him or any licence granted by or to him relating to prospecting or mining of minerals so specified or the production or use of atomic energy or research into matters connected therewith;

(d) any other information in his possession relating to any work carried out by him or on his behalf or under his directions, in connection with prospecting or mining of materials so specified or the production or use of atomic energy or research into matters connected therewith.

8.Power of entry and inspection.

8. Power of entry and inspection.- (1) Any person authorised by the Central Government may, on producing, if so required, a duly authenticated document showing his authority, enter any mine, premises or land–

(a) where he has reason to believe that work is being carried out for the purpose of or in connection with production and processing of any prescribed substances or substances from which a prescribed substance can be obtained or production, development or use of atomic energy or research into matters connected therewith, or

(b) where any such plant as is mentioned in clause (b) of section 7 is situate,

and may inspect the mine, premises or land and any articles contained therein.

(2) The person carrying out the inspection may make copies of or extracts from any drawing, plan or other document found in the mine, premises or land and for the purpose of making such copies or extracts, may remove any such drawing, plan or other document after giving a duly signed receipt for the same and retain possession thereof for a period not exceeding seven days.

9.Power to do work for discovering minerals.

9. Power to do work for discovering minerals.- (1) The Central
Government may, subject to the provisions of this section, do on, over or below the surface of any land such work as it considers necessary for the purpose of discovering whether there is present in or on the land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, any substance from which in its opinion any of the prescribed substances can be obtained, and the extent to which such substance is so present.

(2) Before any powers are exercised under sub-section (1) in relation to any land, the Central Government shall serve on every owner, lessee and occupier of the land a notice in writing specifying the nature of the work proposed to be done and the extent of the land affected, and the time, not being less than twenty-eight days, within which and the manner in which objections can be made

19.thereto, and no such powers shall be exercised otherwise than in pursunce of the notice or before the expiration of the time specified therein for making objections.

(3) The Central Government may, after giving the person making the objection an opportunity of appearing before and being heard by a person appointed by the Central Government for the purpose, and after considering any such objection and the report of the person so appointed, make such orders as it may deem proper but not so as to increase the extent of the land affected.

(4) Compensation shall be determined and paid in accordance with section 21 in respect of any diminution in the value of any land or property situate thereon resulting from the exercise of powers under this section.

10.Compulsory acquisition of rights to work minerals.

10. Compulsory acquisition of rights to work minerals.-(1) Where it appears to the Central Government that any minerals from which in its opinion any of the prescribed substances can be obtained are present in or on any land, either in a natural state or in a deposit of waste material obtained from any under-ground or surface working, it may by order provide for compulsorily vesting in the Central
Government the exclusive right, so long as the order remains in force, to work those minerals and any other minerals which it appears to the
Central Government to be necessary to work with those minerals, and may also provide, by that order or a subsequent order, for compulsorily vesting in the Central Government any other ancillary rights which appear to the Central Government to be necessary for the purpose of working the minerals aforesaid including (without prejudice to the generality of the foregoing provisions)–

(a) rights to withdraw support;

(b) rights necessary for the purpose of access to or conveyance of the minerals aforesaid or the ventilation or drainage of the working;

(c) rights to use and occupy the surface of any land for the purpose of erecting any necessary buildings and installing any necessary plant in connection with the working of the minerals aforesaid;

(d) rights to use and occupy for the purpose of working the minerals aforesaid any land forming part of or used in connection with an existing mine or quarry, and to use or acquire any plant used in connection with any such mine or quarry; and

(e) rights to obtain a supply of water for any of the purposes connected with the working of the minerals aforesaid,

20.or to dispose of water or other liquid matter obtained in consequence of working such minerals.

(2) Notice of any order proposed to be made under this section shall be served by the Central Government–

(a) on all persons who, but for the order, would be entitled to work the minerals affected; and

(b) on every owner, lessee and occupier (except tenants for a month or for less than a month) of any land in respect of which rights are proposed to be acquired under the order.

(3) Compensation in respect of any right acquired under this section shall be paid in accordance with section 21, but in calculating the compensation payable, no account shall be taken of the value of any minerals present in or on land affected by the order, being minerals specified in the order as those from which in the opinion of the Central Government uranium or any concentrate or derivative of uranium can be obtained.

11.Compulsory acquisition of prescribed substances, minerals and plants.

11. Compulsory acquisition of prescribed substances, minerals and plants.-(1) Save as otherwise provided in any other provision of this
Act, the Central Government may compulsorily acquire in accordance with the provisions of this section–

(a) any prescribed substance;

(b) any minerals from which in the opinion of the Central
Government any of the prescribed substances can be obtained;

(d) any plant which is designed or adapted for the mining or processing of any minerals referred to in clause (b) or substances obtained therefrom or for the production or use of any prescribed substance or a radioactive substance or for the production, use or disposal of such articles as are or are likely to be required for or in connection with the production, use or disposal of atomic energy or for research into matters connected therewith.

(2) Where the Central Government acquires any plant referred to in clause (d) of sub-section (1), it shall also have the right to acquire any buildings, railway sidings, tramway lines, or aerial ropeways serving such plant.

(3) Where the Central Government proposes to acquire any property under sub-section (1), it shall serve upon the person appearing to be the owner thereof, a notice in writing specifying the

21.property to be acquired and requiring that person to make to the
Central Government within the time specified in the notice a written declaration containing such particulars as may be so specified regarding the ownership of such property and any agreement or charge by virtue of which any other person has an interest in such property.

(4) Upon the service of a notice under sub-section (3), no property to which the notice relates shall be disposed of without the previous permission in writing of the Central Government.

(5) If it appears to the Central Government in consequence of any written declaration made to it in pursuance of sub-section (3) that any person other than the person on whom the notice under sub-section
(3) was served is the owner of, or has any interest in, the property to which the notice relates, the Central Government shall serve a copy of the notice on that other person.

(6) A notice served under sub-section (3) shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the Central Government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the Central Government for the purpose.

(7) After considering any such objection, and the report of the person appointed by it under sub-section (6), the Central Government may serve on the persons upon whom the notice under sub-section (3) or a copy thereof was served a further notice in writing either withdrawing the notice of acquisition or confirming the said notice as respects the property to which it relates or such part of the property as may be specified.

(8) Any property with respect to which a notice of acquisition is served under this section shall–

(a) if no objection is duly made to the notice, vest in the
Central Government at the expiration of the time for making such objection;

(b) if such an objection is duly made and the notice is confirmed as respects the whole or any part of that property by a notice served under sub-section (7), vest accordingly in the Central Government on the service of the last mentioned notice;

and shall in either case vest free from all encumbrances.

(9) Compensation in respect of acquisition under this section shall be paid in accordance with section 21.11A.

Removal of doubts.

1*[11A. Removal of doubts.- For the removal of doubts, it is hereby declared that the compulsory acquisition of any mineral, concentrate or other material under sub-section (2) of section 6, or of any substance, minerals, equipment or plant under sub-section (1)
of section 11, shall not be deemed to be a sale for any purpose whatsoever.]
———————————————————————-
1. Ins. by Act 59 of 1986, s. 3 (w.e.f. 21.9.1962).

22.12.Compensation in case of compulsory acquisition of a mine.

12. Compensation in case of compulsory acquisition of a mine.-
Where the Central Government acquires, in accordance with any law, any mine or part of a mine from which in the opinion of the Central
Government any of the prescribed substances can be obtained, compensation in respect of such acquisition shall be paid in accordance with section 21:

Provided that in determining the amount of such compensation, no account shall be taken of the value of uranium which may be obtained from such mine or part of a mine.

13.Novation of certain contracts.

13. Novation of certain contracts.-(1) The Central Government may serve on the parties to a contract relating to prospecting or mining of any substance from which any of the prescribed substances can be obtained or to production or use of atomic energy or to research into matters connected therewith, not being a contract for the rendering of personal services, a notice in writing stating that on such date as may be specified in the notice the rights and liabilities of any of the parties to the contract specified in the notice (hereinafter referred to as the specified party) will be transferred to the Central
Government, and thereupon subject to any withdrawal of the notice under the following provisions of this section, the contract shall, as regards any rights exercisable, or liabilities incurred, on or after the said date, have effect as if the Central Government were a party to the contract instead of the specified party and as if for any reference in the contract to the specified party there were substituted a reference to the Central Government.

(2) A notice served under sub-section (1) shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the Central Government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the Central Government for the purpose.

(3) After considering any such objection and the report of the person appointed by it under sub-section (2), the Central Government may make such order as it may deem proper.

(4) Where the rights and liabilities of a party to a contract are transferred to the Central Government under this section, there shall be paid to that party such compensation in respect of any loss suffered by that party as may be agreed between him and the Central
Government, and in default of such agreement, as may be determined by arbitration.

23.14.Control over production and use of atomic energy.

14. Control over production and use of atomic energy.- (1) The
Central Government may, subject to such rules as may be made in this behalf, by order prohibit except under a licence granted by it–

(i) the working of any mine or minerals specified in the order, being a mine or minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;

(ii) the acquisition, production, possession, use, disposal, export or import–

(a) of any of the prescribed substances; or

(b) of any minerals or other substances specified in the rules, from which in the opinion of the Central
Government any of the prescribed substances can be obtained; or

(c) of any plant designed or adapted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith; or

(d) of any prescribed equipment.

(2) Nothing in this section shall affect the authority of the
Central Government to refuse a licence for the purpose of this section or to include in a licence such conditions as the Central Government thinks fit or to revoke a licence and the Central Government may take any action as aforesaid.

(3) Without prejudice to the generality of the foregoing provisions, the rules referred to in this section may provide for–

(a) the extent to which information in the possession of, or which has been made available to, the person granted a licence for purposes of this section, should be regarded as restricted information;

(b) the extent to which the area or premises under the control of the person to whom a licence has been granted for purposes of this section, should be regarded as a prohibited area;

(c) the conditions and criteria for location of any installation or operation of any plant in respect of which a licence has been granted or is intended to be granted for the purposes of this section including those necessary for protection against radiation and safe disposal of harmful by-products or wastes;

24.(d) the extent of the licensees liability in respect of any hurt to any person or any damage to property caused by ionising radiations or any radioactive contamination either at the plant under licence or in the surrounding area;

(e) provision by licensee either by insurance or by such other means as the Central Government may approve, of sufficient funds to be available at all times to ensure settlement of any claims in connection with the use of the site or the plant under licence which have been or may be duly established against the licensee in respect of any hurt to any person or any damage to any property caused by ionising radiations emitted at the plant under licence or radioactive contamination either at the plant under licence or in surrounding areas;

(f) obligatory qualifications, security clearances, hours of employment, minimum leave and periodical medical examination of the persons employed and any other requirement or restriction or prohibition on the employer, employed persons and other persons; and

(g) such other incidental and supplementary provisions including provisions for inspection and also for the sealing of premises and seizure, retention and disposal of any article in respect of which there are reasonable grounds for suspecting that a contravention of the rules has been committed, as the Central Government considers necessary.

(4) The Central Government may also prescribe the fees payable for issue of licences under sub-section (1).

15.Requisitioning of any substance for extracting uranium or plutonium.

15. Requisitioning of any substance for extracting uranium or plutonium.- (1) The Central Government shall have the right to require that any substance which, in the opinion of the central government, canten uranium, plutonium or any of their isotopes, shall be delivered to it and the Central Government may extract from that substance the uranium, plutonium or any of their isotopes contained therein and return the substance to the person concerned on payment of compensation which shall be determined in accordance with section 21:

Provided that such compensation shall not, in any case, exceed the cost incurred by the person in the production, mining or irradiation of the substance and in determining the same no account shall be taken of the value of the uranium, plutonium or any of their isotopes extracted from the substance.

25.(2) Nothing in this section shall prevent the Central Government from permitting, subject to such conditions as it may deem fit to impose, the use of small quantities of natural uranium for the purpose of examination, test or analysis.

16.Control over radioactive substances.

16. Control over radioactive substances.-The Central Government may prohibit the manufacture, possession, use, transfer by sale or otherwise, export and import and in an emergency, transport and disposal, of any radioactive substances without its written consent.

17.Special provisions as to safety.

17. Special provisions as to safety.-(1) The Central Government may, as regards any class or description of premises or places, being premises or places, in which radioactive substances are manufactured, produced, mined, treated, stored or used or any radiation generating plant, equipment or appliance is used, make such provision by rules as appear to the Central Government to be necessary–

(a) to prevent injury being caused to the health of persons employed at such premises or places or other persons either by radiations, or by the ingestion of any radioactive substance;

(b) to secure that any radioactive waste products resulting from such manufacture, production, mining, treatment, storage, or use as aforesaid are disposed of safely;

(c) to prescribe qualifications of the persons for employment at such premises or places and the regulation of their hours of employment, minimum leave and periodical medical examination;

and the rules may, in particular and without prejudice to the generality of this sub-section, provide for imposing requirements as to the erection or structural alterations of buildings or the carrying out of works.

(2) The Central Government may, as respects the transport of any radioactive substance or any prescribed substance specified by an order issued under this Act as being dangerous to health, make such rules as appear to be necessary to prevent injury being caused by such transport to the health of persons engaged therein and other persons.

(3) Rules made under this section may provide for imposing requirements, prohibitions and restrictions on employers, employed persons and other persons.

(4) Any person authorised by the Central Government under this section, may, on producing, if so required, a duly authenticated

26.document showing his authority, enter at all reasonable hours any premises, or any vehicle, vessel or aircraft for the purpose of ascertaining whether there has been committed, or is being committed, in or in connection with the premises, vehicle, vessel or aircraft, any contravention of the rules made under this section.

(5) In the event of any contravention of the rules made under this section, the Central Government shall have the right to take such measures as it may deem necessary to prevent further injury to persons or damage to property arising from radiation or contamination by radioactive substances including, without prejudice to the generality of the foregoing provisions, and to the right to take further action for the enforcement of penalties under section 24, the sealing of premises, vehicle, vessel, or aircraft, and the seizure of radioactive substances and contaminated equipment.

18.Restriction on disclosure of information.

18. Restriction on disclosure of information.- (1) The Central
Government may by order restrict the disclosure of information, whether contained in a document, drawing, photograph, plan, model, or in any other form whatsoever, which relates to, represents or illustrates–

(a) an existing or proposed plant used or proposed to be used for the purpose of producing, developing or using atomic energy, or

(b) the purpose or method of operation of any such existing or proposed plant, or

(2) No person shall–

(a) disclose, or obtain or attempt to obtain any information restricted under sub-section (1), or

(b) disclose, without the authority of the Central
Government, any information obtained in the discharge of any functions under this Act or in the performance of his official duties.

(3) Nothing in this section shall apply–

(i) to the disclosure of information with respect to any plant of a type in use for purposes other than the production, development or use of atomic energy, unless the information discloses that plant of that type is used or proposed to be used for the production, development or use of atomic energy or research into any matters connected therewith; or

27.(ii) where any information has been made available to the general public otherwise than in contravention of this section, to any subsequent disclosure of that information.

19.Prevention of entry into prohibited areas.

19. Prevention of entry into prohibited areas.- The Central
Government may by order prohibit–

(a) entry of any person, without obtaining permission, into a prohibited area, and

(b) taking by any persons, without permission, of any photograph, sketch, pictures, drawing, map or other document from a prohibited area and any permission, if given to do these things, may be subject to stipulations which the Central Government may consider necessary.

20.Special provisions as to inventions.

20. Special provisions as to inventions.- (1) As from the commencement of this Act, no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations.

(2) The prohibition under sub-section (1) shall also apply to any invention of the nature specified in that sub-section in respect of which an application for the grant of a patent has been made to the
Controller of Patents and Designs appointed under the Indian Patents and Designs Act, 1911 (2 of 1911), before the commencement of this
Act and is pending with him at such commencement.

(3) The Central Government shall have the power to inspect at any time any pending patent application and specification before its acceptance and if it considers that the invention relates to atomic energy, to issue directions to the Controller of Patents and Designs to refuse the application on that ground.

(4) Any person, who has made an invention which he has reason to believe relates to atomic energy, shall communicate to the Central
Government the nature and description of the invention.

(5) Any person desiring to apply for a patent abroad for an invention relating to or which he has reason to believe relates to atomic energy shall obtain prior permission from the Central
Government before making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for permission was made to the Central Government and no reply was received by him.

28.(6) The Controller of Patents and Designs shall have the power to refer any application to the Central Government for direction as to whether the invention is one relating to atomic energy and the direction given by the Central Government shall be final.

(7) Any invention in the field of atomic energy conceived whether in establishments controlled by the Central Government or under any contract, sub-contract, arrangement or other relationship with the
Central Government shall be deemed to have been made or conceived by the Central Government, irrespective of whether such contract, sub-
contract, arrangement or other relationship involves financial participation of or assistance from the Central Government.

(8) Notwithstanding anything contained in the Indian Patents and
Designs Act, 1911 (2 of 1911), the decision of the Central Government on points connected with or arising out of this section shall be final.

21.Principles relating to payment of compensation.

21. Principles relating to payment of compensation.- (1) Save as otherwise provided in this Act, where by reason of exercise of any powers under this Act, any compensation is payable, the amount of such compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say–

(a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;

(b) where no such agreement is reached, the Central
Government shall appoint as arbitrator a person having expert knowledge as to the nature of the right affected who shall determine the amount of compensation payable.

(2) In making his award, the arbitrator appointed under sub-
section (1) shall have regard–

(a) in the case of any compensation payable under section 9-

(i) to the nature of the work done;

(ii) the manner, extent and duration of the exercise of any powers under that section;

(iii) the diminution in the rent of the land and of the property situated thereon, which might reasonably be expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end; and

(iv) the provisions of sub-section (1) of section
23 of the Land Acquisition Act, 1894 (1 of 1894.), in so far as such provisions can be made applicable to the exercise of powers under section 9; and

29.(b) in the case of any compensation payable under section 11.or under section 12, to the price which the owner might reasonably have been expected to obtain on a sale of the property effected by him immediately before the date of the acquisition.

(3) An appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount claimed thereof does not exceed an amount prescribed in this behalf by the Central Government.

(4) The Central Government may make rules prescribing the procedure to be followed in arbitrations under this Act and the principles to be followed in the apportionment of the cost of proceedings before the arbitrator and on appeal.

(5) Save as provided in this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this Act.

22.Special provision as to electricity.

22. Special provision as to electricity.- (1) Notwithstanding anything contained in the Electricity (Supply) Act, 1948 (54 of
1948), the Central Government shall have authority–

(a) to develop a sound and adequate national policy in regard to atomic power, to co-ordinate such policy with the Central Electricity Authority and the State
Electricity Boards constituted under sections 3 and 5.respectively of that Act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of 1*[either by itself or through any authority or corporation established by it or a
Government company,] electricity in pursuance of such policy and to operate atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter into agreement regarding the supply of electricity so produced;

(b) to fix rates for and regulate the supply of electricity from atomic power stations 2*[, either by itself or through any authority or corporation established by it or a Government company, in consultation with] the
Central Electricity Authority;

(c) to enter into arrangements with the Electricity Board of the State in which an atomic power station is situated,
1*[either by itself or through any authority or corporation established by it or a Government company]
for the transmission of electricity to any other State:

Provided that in case there is difference of opinion between the Central Government 1*[or such authority or corporation or Government company, as the case may be]
and any State Electricity Board in regard to the construction of necessary transmission lines, the matter shall be referred to the Central Electricity
———————————————————————-
1. Ins. by Act 29 of 1987, s. 4.2. Subs. by s. 4, ibid., for certain words.

Authority whose decision shall be binding on the parties concerned.

(2) No provision of the Indian Electricity Act, 1910 (9 of
1910), or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this Act.

(3) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of the Indian
Electricity Act, 1910 (9 of 1910), and the Electricity (Supply) Act,
1948 (45 of 1948).

23.Administration of Factories Act, 1948.23. Administration of Factories Act, 1948.- Notwithstanding anything contained in the Factories Act, 1948 (63 of 1948), the authority to administer the said Act and to do all things for the enforcement of its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall vest in the Central
Government in relation to any factory owned by the Central Government
1*[or any authority or corporation established by it or a Government company] and engaged in carrying out the purposes of this Act.

24.Offences and penalties.

24. Offences and penalties.- (1) Whoever–

(a) contravenes any order made under section 14 or any condition subject to which a licence is granted under that section; or

(b) contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or

(c) obstructs any person authorised by the Central
Government under sub-section (4) of section 17 in the exercise of powers under that sub-section ; or

(d) contravenes sub-section (2) of section 18;

shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(2) Whoever–

(a) fails to comply with any notice served on him under section 5 or with any terms and conditions that may be imposed on him under that section; or

(b) fails to comply with any notice served on him under section 7 or knowingly makes any untrue statement in any return or statement made in pursuance of any such notice; or

(c) obstructs any person or authority in the exercise of powers under section 8 or 9; or
———————————————————————-
1. Ins. by Act 29 of 1987, s.5.31.(d) contravenes any other provision of this Act or any order made thereunder;

shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

25.Offences by companies.

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 the conduct of the 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 or that he 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, 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.

Explanation.–For the purposes of this section–

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

(b) “director” in relation to a firm, means a partner in the firm.

26.Cognizance of offences.

26. Cognizance of offences.-(1) All offences under this Act shall be cognizable under the Code of Criminal Procedure, 1898 (5 of 1898), but no action shall be taken in respect of any person for any offence under this Act except on the basis of a written complaint made–

(a) in respect of contravention of section 8, 14 or 17 or any rule or order made thereunder, by the person authorised to exercise powers of entry and inspection;

(b) in respect of any other contravention, by a person duly authorised to make such complaints by the Central
Government.

(2) Proceedings in respect of contravention of section 18 shall not be instituted except with the consent of the Attorney General of
India.
———————————————————————-
1. See now the code of criminal procedure, 1973 (2 of 1974).

32.27.Delegation of powers.

27. Delegation of powers.- The Central Government may, by order, direct that any power conferred or any duty imposed on it by this Act shall, in such circumstances and subject to such conditions as may be specified in the direction, be exercised or discharged also by–

(a) such officer or authority subordinate to the Central
Government, or

(b) such State Government or such officer or authority subordinate to a State Government as may be specified in the direction.

28.Effect of other laws.

28. Effect of other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any other instrument having effect by virtue of any enactment other than this Act.

29.Protection of action taken in good faith.

29. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Government or any person or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made thereunder.

30.

Power to make rules.

30. Power to make rules.-(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for–

(a) declaring any information not so far published or otherwise made public as restricted information and prescribing the measures to be taken to guard against unauthorised dissemination or use thereof;

(b) declaring any area or premises as prohibited area and prescribing the measures to be taken to provide against unauthorised entry into or departure from such prohibited area;

(c) reporting of information relating to the discovery of uranium, thorium and other prescribed substances and for payment of rewards for such discoveries;

(d) control over mining or concentration of substances containing uranium;

(e) regulating by licensing and encouraging by award of concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed sub-stances;

33.(f) compulsory acquisition of prescribed substances, minerals and plants;

(g) regulating the production, import, export, transfer, refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the opinion of the Central Government may be used for, or may result as a consequence of, the production, use or application of atomic energy;

(h) regulating the use of prescribed equipment;

(i) regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of any radioactive substance;

(j) regulating the transport of such prescribed substances as are declared dangerous to health under sub-section
(2) of section 17;

(k) developing, controlling, supervising and licensing the production, application and use of atomic energy;

(l) fees for issue of licences under this Act;

(m) the manner of serving notices under this act;

(n) generally promoting co-operation among persons, institutions and countries in the production, use, application of atomic energy and in research and investigations in that field.

(3) Rules made under this Act may provide that a contravention of the rules shall, save as otherwise expressly provided in this Act, be punishable with fine which may extend to five hundred rupees.

(4) Every rule made under this Act 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 1*[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 both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

31.Act binding on Government.

31. Act binding on Government. The provisions of this Act shall be binding on Government.

32.[Repealed.]

32. [Repeal of Act 29 of 1948]–Rep. by Act 56 of 1974, s. 2 and
Sch. I.
———————————————————————-
1 Subs. by Act 4 of 1986, s. 2 and Sch., for certain words (w.e.f.15-5-1986).

THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957

Legal India — Fri, 19 Jun 2009 20:14:14 +0000

An Act to establish in the economic interest of India greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease, licence or otherwise, and for matters connected therewith.

BE it enacted by Parliament in the Eight Year of the Republic of
India as follows:-

1.Short title , extent and commencement.

1.Short title, extent and commencement. (1)This Act may be called the Coal Bearing Areas (Acquisition and Development) Act, 1957.(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force on such date 1 as the Central
Government may, by notification in the Official Gazette, appoint.

2.Definitions.

2.Definitions. In this Act, unless the context otherwise requires,-

(a) “competent authority” means any person appointed to be a competent authority under section 3;

(b) “Government company” means a Government company as defined in section 617 of the Companies Act, 1956, in which any land or rights in or over land shall have vested under section 11;

(c) “Mineral Concession Rules” means the rules for the time being in force made under the Mines and Minerals
(Regulation and Development) Act, 1948;

2[(CC) "mining lease" includes a mining sub-lease, and
"lessee shall be construed accordingly;]

———————————————————————-
1[12th June, 1957, see Notification No. S.R.O. 1931, dated 10th June,
1957, Gazette of India, Extra-ordinary, Pt. II, See. 3, p. 1967.The Act comes into force in Pondicherry an 1-10-1963: vide Reg. 7 of
1963. s.3 and Sch. I.

3 Ins. by Act 51 of 1957, s. 2 (w.e.f. 12-6-1957).
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72.(d) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land, or of the acquisition, extinguishment or modification of any rights in or over land, under this Act;

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

(f)"Tribunal" means the Tribunal constituted under section 14.3.Appointment of competent authority.

3.Appointment of competent authority. The Central Government may, by notification in the Official Gazette, appoint any person to be the competent authority for the purposes of this Act ; and different persons may be appointed as competent authorities for different provisions of this Act and for different areas.

4.Preliminary notification respecting intention to prospect for coal inany area and of Powers of competent authorities thereupon.

4.Preliminary notification respectng intention to prospect for coal in any area and Powers of competent authorities thereupon. (1)
Whenever it appears to the Central Government that coal is likely to be obtained from land in any locality, it may, by notification in the
Official Gazette, give notice of its intention to prospect for coal therein.

(2) Every notification under sub-section (1) shall give a brief description of the land and state its approximate area.

(3) On the issue of a notification under sub-section (1), it shall be lawful for the competent authority and for his servants and workmen-

(a) to enter upon and survey any land in such locality;

(b) to dig or bore into the sub-soil ;

(d) to set out the boundaries of the land in which prospecting is proposed to be done and the intended line of the work, if any, proposed to be made thereon;

(e) to mark such boundaries and line by placing marks;
and where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so.

(4) In issuing a notification under this section the Central
Government shall exclude therefrom that portion of any land in which

73.coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate.

5.Effect of notification on prospecting licences and mining leases.

5.Effect of notification on prospecting licences and mining leases. On the issue of a notification under sub-section (1) of section 4 in respect of any land-

(a) any prospecting licence 1[which authorises any person] to prospect for coal or any other mineral in the land shall cease to have effect ; and

(b) any mining lease 2* * * shall, in so far as it authorises the lessee or any person claiming through him to undertake any operation in the land, cease to have effect for so long as the notification under that sub-
section is in force.

6.Compensation for any necessary damage done under section 4.6.(1)Compensation for any necessary damage done under section 4.Whenever any action of the nature described in sub-section (3)of section 4 is to be taken, the competent authority shall, before or at the time such action is taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered he shall at once refer the dispute to the decision of the Central Government, and the decision of the
Central Government shall be final.

(2)The fact that there exists any such dispute as is referred to in this section shall not be a bar to action under sub-section (3)
of section 4.7.Power to acquire land or rights in or over land notified under section4.7.(1)Power to acquire land or rights in or over land notified under section 4. If the Central Government is satisfied that coal is obtainable in the whole or any part of the land notified under sub-
section (1) of Section 4, it may, within a period of two years from the date of the said notification or within such further period not exceeding one year in the aggregate as the Central Government may specify in this behalf, by notification in the Official Gazette, give notice of its intention to acquire the whole or any part of the land or of any rights in or over such land, as the case may be.

(2)If no notice to acquire the land or any rights in or over such land is given under sub-section (1) within the period allowed thereunder, the notification issued under sub-section (1) of section 4.shall cease to have effect on the expiration of three years from the date thereof.

———————————————————————
1 Subs. by Act 51 of 1957, s. 3, for ” granted to any person under the mineral Concession Rules which authorises him ” (w.e.f. 12-6-1957).

2The words ” granted to any person under the Mineral Concession Rules”
omitted by s. 3, ibid. (w.e.f. 12-6-1957).
——————————————————————–

74.8.Objections to acquisitions.

8.(1)Objections to acquisitions. Any person interested in any land in respect of which a notification under section 7 has been issued may, within thirty days of the issue of the notification, object to the acquisition of the whole or any part of the land or of any rights in or over such land.

Explanation.-It shall not be an objection within the meaning of this section for any person to say that he himself desires to under-
take mining operations in the land for the production of coal and that such operations should not be undertaken by the Central Government or by any other person.

(2)Every objection under sub-section (1) shall be made to the competent authority in writing, and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary,
[either make a report in respect of the land which has been notified under subsection (1) of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in or over such land, to the Central Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that
Government].

(3)For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or over such land were acquired under this Act.

9.Declaration of acquisition.

9.(1)Declaration of acquisition. When the Central Government is satisfied, after considering the report, if any, made under section 8.that any land or any rights in or over such land should be acquired, a declaration shall be made by it to that effect 2[, and different declarations may be made from time to time in respect of different parcels of any land, or of rights in or over such land, covered by the same notification under sub-section (1) of section 7, irrespective of whether one report or different reports has or have been made
(wherever required) under sub-section (2) of section 8]:

3[Provided that no declaration in respect of any particular land, or rights in or over such land, covered by a notification under sub-
section (1) of section 7, issued after the commencement of the Coal

--------------------------------------------------------------------
1 Subs. by Act 54 of 1971, s. 2, for certain words.

2 Ins. by s. 3, ibid.

3 Subs. by s. 3, ibid., for certain words.
--------------------------------------------------------------------

74A

Bearing Areas (Acquisition and Development) Amendment and Vali-
dation Act, 1971, shall be made after the expiry of three years from the date of the said notification.

Provided further that, where a declaration] relates to any land or to anyrights in or over land belonging to a State Government which has orhave not been leased out, no such declaration shall be made exceptafter previous consultation with the State Government.

(2) 1[Every declaration] shall be published in the Official
Gazette and-

(a) in any case where land is to be acquired, shall state the district or other territorial division in which the land is situate and its approximate area ;
and, where a plan shall have been made of the land, the place where such plan may be inspected;

(b) in any case where rights in or over such land are to be acquired, shall state the nature and extent of the rights in addition to the matters relating to the land specified in clause (a) ; and

a copy of every such declaration shall be sent to the State Government concerned.

———————————————————————
1 Subs. by Act 54 of 1971, s, 3, for “The declaration”.
———————————————————————

75.1[9A.Special powers in cases of urgency. If the Central
Government is satisfied that it is necessary to acquire immediately the whole or any part of the land notified under sub-section (1) of section 4 or any rights in or over such land, the Central Government may direct that the provisions of section 8 shall not apply, and if it does so direct, a declaration may be made under section 9 in respect thereof at any time after the issue of the notification under section
7.]

10.Vesting of land or rights in Central Government.

10.Vesting of land or rights in Central Government. (1)On the publication in the Official Gazette of the declaration under section
9, the land or the rights in or over the land, as the case may be, shall vest absolutely in the Central Government 2[free from all encumbrances].

(2)Where the rights under any mining lease 3[granted or deemed to have been granted by a State Government] to any person are acquired under this Act, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State
Government as if a mining lease under the Mineral Concession Rules had been granted by the State Government to the Central Government, the period thereof being the entire period for which such a lease could have been granted by the State Government under those rules.

11.Power of Central Government to direct vesting of land or rights in aGovernment company.

11. Power of Central Government to direct vesting of land or rights in a Government company. (1)Notwithstanding anything contained in section 10, the Central Government may, if it is satisfied that a
Government company is willing to comply, or has complied, with such terms and conditions as the Central Government may think fit to impose, direct, by order in writing, that the land or the rights in or over the land, as the case may be, shall, instead of vesting in the
Central Government under section 10 or continuing to so vest, vest in the Government company either on the date of publication of the declaration or on such other date as may be specified in the direction.

(2)Where the rights under any mining lease acquired under this
Act vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government as if a mining lease under the Mineral Concession Rules had been granted by the State Government to the Government company, the period thereof being the entire period for which such a lease could have been granted by the State Government under those rules; and all the rights and liabilities of the Central
Government in relation to the lease or the land covered by it shall, on and from the date of such vesting, be

———————————————————————-
1 Ins. by Act 51 of 1957, s. 4 (w.e.f. 12-6-1957).
2Ins. by s. 5, ibid. (w.e.f. 12-6-1957).
3Subs. by s. 5, ibid., for “granted by a State Government” (w.e.f. 12-
6-1957.———————————————————————-

76.deemed to have become the rights and liabilities of the Government company.

12.Power to take possession of land acquired.

12.Power to take possession of land acquired. The competent authority may, by notice in writing, require any person in possession of any land acquired under this Act to surrender or deliver possession of the land within such period as may be specified in the notice, and if a person refuses or fails to comply with any such notice, the competent authority may enter upon and take possession of the land, and for that purpose may use or cause to be used such force as may be necessary.

13.Compensation for prospecting licences ceasing to have effect, rightsunder mining leases being acquired, etc.

13. Compensation for prospecting licences ceasing to have effect, rights under mining leases being acquired, etc. (1)Where a prospecting licence ceases to have effect under section 5, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of all items of reasonable and bona-fide expenditure actually incurred in respect of the land, that is to say,-

(i) the expenditure incurred in obtaining the licence;

(ii) the expenditure, if any, incurred in respect of the preparation of maps, charts and other documents relating to the land, the collection from the land of cores or other mineral samples and the due analysis thereof and the preparation of any other relevant records or material ;

(iii)the expenditure, if any, incurred in respect of the construction of roads or other essential works on the land, if such roads or works are in existence and in a usable condition ;

(iv) the expenditure, if any, incurred in respect of any other operation necessary for prospecting carried out in the land.

(2) Where the rights under a mining lease are acquired under this Act, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of the following items, namely,-

(i) if the lease was granted after prospecting operations had been carried out in respect of the land under a prospecting licence, the sum of all items of reasonable and bonafide expenditure actually incurred with respect to the matters specified in clauses (i),
(ii), (iii) and (iv) of subsection (1) before the date of the lease:

Provided that where two or more leases had been granted in relation to any land covered previously by one prospecting licence, only so much of the expenditure aforesaid as bears to the total expenditure the same

77.proportion as the area under the mining lease in respect of which the rights have been acquired bears to the total area covered by the mining leases shall be payable under this clause ;

(ii) any reasonable and bona fide expenditure of the nature referred to in clauses (i), (ii) and (iii) of sub,-section (1) actually incurred in relation to the lease, together with the salami if any, paid for obtaining the lease ;

(iii) the expenditure, if any, incurred by way of payment of dead-rent or minimum royalty during any year or years when there was no production of coal;

(iv) interest on any such expenditure referred to in clauses (i), (ii)and (iii) as has actually been incurred
1[up to] the year in which the rights under the lease are acquired, interest being calculated in the following manner, that is to say,– interest at the rate -of five per centum per annum in respect of the expenditure incurred during each calendar year for the first five years commencing from the year in which such expenditure was incurred plus interest at the rate of four per centum per annum in respect of each subsequent year after the expiration of the first five years and ending with the year in which the rights under the lease are acquired :

Provided that the total sum payable under this clause shall not exceed one-half of the total amount referred to in 2[clauses (i), (ii)
and (iii) ].

(3) Where the rights under a mining lease acquired under section
9 relate only to a part of the land covered by the mining lease, the amount of compensation payable shall be such as bears to the total compensation which would have been payable if the rights of the mining lessee in respect of the entire land had been acquired, the same proportion which the area of the land in respect of which the rights are acquired bears to the total area of the land covered by the mining lease.

(4) Where a mining lease ceases to have effect for any period under clause (b) of section 5, there shall be paid by way of compensation for the period during which the lease so ceased to have effect, a sum equivalent to five per centum of any such expenditure as is
———————————————————————
1 Subs. by Act 51 of 1957, s. 6, for “during the period commencing from the date of the lease and ending with ” (w.e.f. 12-6-1957).

2Subs. by s. 6, ibid., for ” clauses (ii) and (iii) ” (w.e.f. 12-6-
1957).
———————————————————————

78.referred to in clauses (i) and (iii) of sub-section (2) for each year during which the lease remains suspended.

(5) Where any land is acquired under section 9, there shall be paid compensation to the person interested the amount of which shall be determined after taking into consideration-

(a) the market value of the land at the date of the publication of the notification under sub-section (1) of section 4 ;

Explanation.-The value of any minerals lying in the land shall not be taken into consideration in determining the market value of any land;

(b) the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the taking possession thereof ;

(c) the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of severing such land from other land ;

(d) the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings;

(e) if, in consequence of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change ; and

(f) the damage, if any, bona fide resulting from diminution of the profits of the land between the time of the publication of the notification under sub-section
(1) of section 4 and the time of the publication of the declaration under sub-section (2) of section 9.1[(5A) In determining the amount of compensation for any land acquired under section 9, any increase to the value of the other land of the person interested, likely to accrue from the use to which the land acquired will be put shall not be taken into consideration.]

(6)Where any operation carried on by or on behalf of the
Central Government in the exercise of any powers conferred by this Act causes or is likely to cause damage to the surface of any land or any works thereon and in respect thereof no provision for compensation is made elsewhere in this Act, the competent authority shall pay or tender payment for all such damage, and, in case of dispute as to the sufficiency of the amount so paid or tendered or as to the

———————————————————————-
1 Ins. by Act 54 of 1971, s. 4.———————————————————————-

79.personto whom it is to be paid or tendered, he shall refer the dispute to the decision of the Tribunal.

(7)No compensation under this section in relation to maps, charts and other documents shall be paid unless the person to whom it is payable has delivered to the prescribed authority all the maps, charts and other documents.

14.Method of determining compensation.

14.Method of determining compensation. (1)Where the amount of any compensation payable under this Act can be fixed by agreement, it shall be paid in accordance with such agreement.

(2)Where no such agreement can be reached, the Central Govern-
ment shall constitute a Tribunal consisting of a person who is or has been or is qualified to be a judge of a High Court for the purpose of determining the amount.

(3)The Central Government may in any particular case nominate a person having expert knowledge in mining to assist the Tribunal, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose.

(4)At the commencement of the proceedings before the Tribunal the Central Government and the person interested shall state what in their respective opinions is a fair amount of compensation.

(5)The Tribunal shall, after hearing the dispute, make an award determining the amount of compensation which appears to it to be just, and specify the person or persons to whom the compensation shall be paid; and in making the award the Tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this Act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions or any of them may be applicable.

(6)Where there Is a dispute as to the person or persons entitled to compensation and the Tribunal finds that more persons than one are entitled to compensation, It shall apportion the amount thereof among such persons and in such manner as it thinks fit.

(7)Nothing in the Arbitration Act, 1940, (10 of 1940) shall apply to any proceedings under this section.

1[(8) The Tribunal, in the proceedings before it, shall have all the powers which a civil court has while trying a suit under the Code of Civil Procedure, 1908, (5 of 1908), in respect of the following matters, namely:-

(i) summoning and enforcing the attendance of any person and examining him on oath

-----------------------------------------------------------------------
1Ins. by Act 54 of 1971, s. 5.-----------------------------------------------------------------------

(ii) requiring the discovery and production of any document

(iii)reception of evidence on affidavits;

(iv) requisitioning any public record from any court or office; and

(v) issuing commissions for examination of witnesses.)

15.Costs.

15.Costs. Every award made by the Tribunal shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.

16.Interest on awards.

16.Interest on awards. If the sum which in the opinion of the
Tribunal ought to have been awarded as compensation is in excess of the sum which the Central Government has stated to be a fair amount of compensation, the award of the Tribunal may direct that the Central
Government shall pay interest on such excess at the rate of five per centum per annum from the date on which it became payable to the date of payment of such excess.

17.Payment of compensation.

17. Payment of compensation. (1)Any compensation payable under this Act may be tendered or paid to the persons interested entitled thereto, and the Central Government shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-
section (2).

(2) If the persons interested entitled thereto shall not consent to receive it or if there be any dispute as to the sufficiency of the amount of compensation or the title to receive it or the apportionment thereof, the Central Government shall deposit the amount of compensation with the Tribunal :

Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount :

1[Provided further that every person who claims to be an interested person (whether such person has been admitted to be interested or not) including the person referred to in the preceding proviso shall be entitled to prefer a claim for compensation before the Tribunal :

Provided also that no person who has received the amount otherwise than under protest shall be entitled to prefer any such claim before the Tribunal.]

(3) When the amount of compensation is not paid or deposited as required by this section, the Central Government shall be liable to pay interest thereon at the rate of five per centum per annum from the time the compensation became due until it shall have been so paid or deposited.

——————————————————————–
1Subs. by Act 54 of 1971, a. 6, for second proviso.
——————————————————————–

80A

18.Prospecting and mining to be done by Central Government in conformitywith the
Mineral Concession Rules.

18.Prospecting and mining to be done by Central Government in conformity with the Mineral Concession Rules. Where prospecting is done under this Act by or on behalf of the Central Government in any land situate within the jurisdiction of a State Government or where the Central Government or a Government company has become the lessee of a State Government in respect of any land under this Act, the terms and conditions under which the prospecting can be done or rights under the lease exercised shall, as far as may be, be the same as the terms and conditions applicable to prospecting licences and mining leases under the Mineral Concession Rules ; and in case of doubt or dispute, shall be settled by arbitration or in such other manner as the Central
Government and the State Government may decide.

1[18A.Payment to State Governments in lieu of royalty.
Notwithstanding anything contained in this Act, where any land or any rights in or over land belonging to a State Government (other than the rights under a mining lease granted or deemed to have been granted by the State Government to any person) vest in the Central Government under section 10 or in a Government Company under section 11, the
Central Government or the Company, as the case may be, may pay to the
State Government such sum of money as would have been payable as royalty by a lessee had such land or rights been under a mining lease granted by the State Government.]

19.Power to delegate.

19.Power to delegate. The Central Government may, by notification in the Official Gazette, direct that all or any of the powers or duties which may be exercised or discharged by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged also by any person specified in this behalf in the notification; and any such person may, with the previous approval of the Central Government, by order in writing direct that any power or duty which has been directed to be exercised or discharged by him shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any such person subordinate to him as may be specified therein.

20.Appeals.

20.(1)Appeals. Any person aggrieved by any award of the Tribunal under section 14 may, within thirty days from the date of such award, prefer an appeal to the High Court within whose jurisdiction the land or some portion of the land which has been acquired or the land or some portion of the land covered by a prospecting licence

——————————————————————–
1Ins. by Act 54 of 1971, S. 7.——————————————————————–

80B

or by a mining lease in respect of which mining rights have been acquired is situate.

(2) Any person aggrieved by an order made by a competent authority or by any other person in virtue of any powers

81.exercisable by him under this Act may, within twenty-one days from the date of the order, prefer an appeal to the Central Government.

(3)On receipt of an appeal under sub-section (2), the Central
Government may, after calling for a report from the competent authority or person concerned, and giving an opportunity to the parties to be heard, and after- making such further inquiry as may be necessary, pass such orders as it thinks fit, and the order of the
Central Government shall be final.

(4)Where an appeal is preferred under sub-section (2), the
Central Government may stay the enforcement of the order of the competent authority or person concerned for such period and on such conditions as it thinks fit.

21.Power to obtain information.

21.Power to obtain information. The Central Government or any person authorised in writing by it in this behalf may, by order in writing, require any person to furnish to such authority as may be specified in the order such information in his possession as may be required relating to any property in respect of which action is proposed to be taken under this Act.

22.Power to enter and inspect.

22.Power to enter and inspect. The competent authority, or any person authorised in writing by it in this behalf, by general or special order, may enter and inspect any property for the purpose of determining whether and, if so, in what manner an order under this Act should be made in relation to any property or with a view to securing compliance with any order made under this Act.

23.Penalties.

23.Penalties. Whoever wilfully obstructs any person in doing any of the acts authorised by subsection (3) of section 4 or wilfully fills up, destroys, damages or displaces any mark made under section
4, or wilfully obstructs the lawful exercise of any other power conferred by or under this Act, or fails to comply with any order made or direction given under this Act, shall be punishable with imprison-
ment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

24.Service of notices and orders.

24.Service of notices and orders. Subject to any rules that may be made under this Act, every notice or order issued or made under this Act shall-

(a) in the case of a notice or order of a general nature or affecting a number of persons, be notified in the
Official Gazette and also published in the locality in such manner as may be prescribed ; and

82.(b) in the case of a notice or order directed to an individual,1[be served on such individual]-

(i)wherever it is practicable to do so by delivering or tendering it to that individual ; or

(ii)if it cannot be so delivered or tendered, by affixing it on the door or some other conspicuous part of the residence in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood; or

(iii)failing service by these means, by post.

25.Protection of action taken in good faith.

25.(1)Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Central
Government or any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

(2) No suit or other legal proceeding shall lie against the
Central Government or the competent authority or any other person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

26.Jurisdiction of Civil Courts.

26.Jurisdiction of Civil Courts. Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any matter which the Central Government or the competent authority or any other person is empowered by or under this Act to determine.

27.Power to make Rules.

27.Power to make Rules. (1) The Central Government may, by notification In the Official Gazette, make rules 2 for carrying out the purposes of this Act.

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

(a) the procedure to be followed in making any inquiry under this Act ;

(b) the procedure to be followed by the Tribunal in proceedings under section 14 ;

(d) any other matter which has to be, or may be, prescribed.

(3) All rules made under this section shall be laid for not less than thirty days before each House of Parliament as soon as may

———————————————————————
1Ins. by Act 58 of 1960, s. 3 and Sch. II (with retrospective effect).

2For Coal Bearing Areas (Acquisition and Development) Rules, 1957, see
Gazette of India, 1957, Pt. II, Sec. 3.p. 1879.——————————————————————–

83.be after they are made and shall be subject to such modifications as
Parliament may make during the session in which they are so laid or the session immediately following.

28.Notifications under Act 1 of 1894 in which proceedings are pending tobe treated as notifications under this Act.

28. Notifications under Act 1 of 1894 in which proceedings are pending to be treated as notifications under this Act. (1)Every notification issued before the commencement of this Act, whether by the Central Government or by a State Government, under section 4 of the Land Acquisition Act, 1894 (1 of 1894.) (hereinafter referred to as the said Act), in which lands were stated to be needed for the prospecting of coal seams for the development of collieries to be worked by the Union of India shall be deemed to have been issued by the Central Government under section 4 of this Act as if this Act had been in force on the date of the notification.

(2)Every notification issued before the commencement of this
Act, whether by the Central Government or by a State Government, under section 6 of the said Act in which lands were stated to be needed for the development of coal shall be deemed to have been issued under section 9 of this Act as if this Act had been in force on the date of the notification.

(3)Any objection preferred under section 5A of the said Act in respect of any land covered by any notification issued under section 4.of the said Act shall be deemed to be an objection preferred under section 8 of this Act to the relevant competent authority and may be
1[disposed of by him as if the objection had been made in relation to a notification issued under section 7 of this Act 2[in respect of such land or of any rights in or over such land ; and the Central
Government may at any time make a declaration under section 9 of this
Act in respect of the land or any part thereof or any rights in or over such land or part]].

3[(3A) Where in respect of any land covered by any notification issued under section 4 of the said Act, no objection has been preferred under section 5A thereof within the period specified in that section, then it shall be deemed that a notification had been issued under section 7 of this Act in respect of such land or of any rights in or over such land and that no objection to the acquisition of the land or any rights in or over the land had been preferred under section 8 of this Act, and accordingly the Central Government may at any time make a declaration under section 9 of this Act in respect of the land or any part thereof or any rights in or over such land or part.]

———————————————————————-
1Subs. by Act 51 of 1957, s. 7, for “disposed of by him accordingly”
(with retrospective effect).

2Subs. by Act 23 of 1969, S. 2, for certain words (with retrospective effect).

3Ins. by s, 2, ibid. (with retrospective effect).
———————————————————————-

(4)Subject to the other provisions contained in this section, the provisions of this Act (including provisions relating to compensation)
shall apply in relation to any such notification as is referred to in sub-section (1) or sub-section (2) as they apply in relation to any notification issued under section 4 or section 9, as the case may be, of this Act.

THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) AMENDMENT AND VALIDATION ACT, 1971

Legal India — Fri, 19 Jun 2009 20:11:19 +0000

An Act further to amend the Coal Bearing Areas (Acquisition and
Development) Act, 1957, and to validate certain acquisitions of land or rights in or over land under the said Act.

BE it enacted by Parliament in the Twenty-second Year of the
Republic of India as follows:-

1.Short title.

1. Short title. This Act may be called the Coal Bearing Areas
(Acquisition and Development) Amendment and Validation Act, 1971.2-7. [Not printed.]

8.Validation of certain acquisitions.

8. Validation of certain acquisitions. (1) Notwithstanding any judgment, decree or order of any court to the contrary,-

(a) no acquisition of land or of rights in or over land made or purporting to have been made under the principal Act before the commencement of this Act, and no action taken or thing done (including any order made, agreement entered into or notification published) in connection with such acquisition shall be-deemed to be invalid or ever to have become invalid merely on the ground-

(i) that one or more competent authorities have performed the functions of competent authority under the principal Act in respect of the land covered by the same notification under sub-section (1) of section 7 of the principal Act ;

(ii) that One or more reports have been made under sub-
section (2) of section 8 of the principal Act, whether in respect of the entire land covered by the same notification under sub-section (1) of section 7 of the principal Act or rights in or over such land, or

————————————————————

122.in respect of different parcels of such land or of rights in or over such land;

(iii) that one or more declarations have been made under section 9 of the principal Act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 7 of the principal Act or in respect of rights in or over such land,

(b) any acquisition in pursuance of any notification issued under sub-section (1) of section 7 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notification published) whether before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (a) or any of them.

(2) Notwithstanding anything contained in clause (b) of sub-sec-
tion (1), no declaration under section 9 of the principal Act in respect of any land, or rights in or over such land, which has been notified before the commencement of this Act, under sub-section (1) of section 7 of the principal Act, shall be made after the expiry of two years from the commencement of this Act.

(3) Where acquisition of any particular land (not being acquisi-
tion of rights in or over such land) covered by a notification under sub-section (1) of section 7 of the principal Act, issued before the commencement of this Act, is or has been made in pursuance of any declaration under section 9 of the principal Act, whether made before or after such commencement, and such declaration is or has been made after the expiry of three years from the date of issue of such notification, there shall be paid simple interest, calculated at the rate of six per centum per annum on the market value of such land, as determined under sub-section (5) of section 13 of the principal Act, from the date of expiry of the said period of three years to the date of tender of payment of compensation payable for the acquisition of such land:

Provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were held up an account of stay or injunction by order of a court:

Provided further that nothing in this sub-section shall apply to the acquisition of any land where .the amount of compensation has been paid to the persons interested before the commencement of this Act.
———————————————————————
**************************************************************

THE COMPTROLLER AND AUDITOR-GENERALS (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971.ACT NO. 56 OF 1971.[15th December, 1971.]

An Act to determine the conditions of service of the Comptroller and Auditor-General of India and to prescribe his duties and powers and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-second Year of the
Republic of India as follows:-

CHAPTER IPRELIMINARY

1.Short title.

1.Short title. This Act may be called the Comptroller and
Auditor-Generals (Duties, Powers and Conditions of Service) Act,
1971.2.Definitions.

2.Definitions. In this Act, unless the context otherwise requires,-

(a)accounts”, in relation to, commercial undertakings of a Government, includes trading, manufacturing and profit and loss accounts and balance-sheets and other subsidiary accounts ;

(b)”appropriation accounts” means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the Constitution or of the Government of Union Territories Act, 1963, (20 of
1963.) for the appropriation of moneys out of the
Consolidated Fund of India or of State, or of a Union territory having a Legislative Assembly, as the case may be;

(c)”Comptroller and Auditor-General” means the
Comptroller and Auditor-General of India appointed under article 148 of the Constitution ;

(d)”State” means a State specified in the First
Schedule to the Constitution :

(e) “Union” includes a Union territory, whether having a Legislative Assembly or not.

CHAPTER IISALARY AND OTHER CONDITIONS OF SERVICE OF THE COMPTROLLER AND AUDITOR-GENERAL

3.Salary. There shall be paid to the Comptroller and Auditor-
General a salary which is equal to the salary of the Judge of the
Supreme Court:

Provided that if a person who immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, being eligible so to do, had elected to draw, a pension (other than a disability or wound pension) in respect of any previous service under the Government of the Union or any of its predecessor
Governments, or under the Government of a State or any of its predecessor Governments, his salary in respect of service as Comp-
troller and Auditor-General shall be reduced-

(a) by the amount of that pension; and

(b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension ; 1* ***

1* * * * * *

4.Term of office.

4.Term of office. The Comptroller and Auditor-General shall hold office for a term of six years from the date on which he assumes such office: Provided that where he attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate such office on the date on which he attains the said age:

Provided further that he may, at any time, by writing under his hand addressed to the President, resign his office.

Explanation.-For the purpose of this section, the term of six years in respect of the Comptroller and Auditor-General holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office.
———————————————————————-
1. Omitted by Act 51 of 1994, s. 2 (w.e.f. 27.3.1990)
———————————————————————-

73.5.Leave.

5.Leave.(1) A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of
Government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained in section 6.(2) Any other person who is appointed as the Comptroller and
Auditor-General may be granted leave in accordance with such rules as are for the time being applicable to a member of the Indian
Administrative Service.

(3)The power to grant or refuse leave to the Comptroller and
Auditor-General and to revoke or curtail leave granted to him, shall vest in the President.

6.Pension.

6.Pension.(1) A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of Government shall be deemed to have retired from service on the date on which he enters upon office as the Comptroller and Auditor
General but his service as the Comptroller and Auditor-General shall be reckoned as continuing approved service counting for pension in the
Service to which he belonged.

(2) Every person who enters upon office as the Comptroller and
Auditor-General shall, on demitting the said office, be eligible to a pension of a sum of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount.

(3)A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, had

74.become eligible for receiving, a pension in respect of any previous service under Government, shall, on demitting office as the Comp-
troller and Auditor-General, be eligible to, a pension of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

(4) Any other person who is appointed as the Comptroller, and
Auditor-General shall, on demitting the said office, be eligible to a pension of fifteen thousand rupees per annum.

(5) The person holding office immediately before the commencement of this Act as the Comptroller and Auditor-General shall be eligible to draw, at his option, pension at the rate at which it would be admissible to, him if this Act had not come into force or at the rate specified in this section.

(6) A person who demits office as the Comptroller and Auditor-
General by resignation shall, on such demission, be eligible to a pen-
sion at the rate of two thousand rupees per annum for each completed year of his service as the Comptroller and Auditor-General:

Provided that in the case of a person referred to in sub-
section(1) or sub-section (3), the aggregate amount of pension admissible under this sub-section together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged immediately before he assumed office as the Comptroller and Auditor-General, shall not exceed fifteen thousand rupees per annum or the higher pension referred to in proviso to sub-section (2) or sub-section (3), as the case may be.

1*(6A) Notwithstanding anything contained in the foregoing provisions of this section, a person referred to in subsection (1) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Amendment Act, 1984 shall, on such demission, be entitled to-

(a)the pension to Which he would have been entitled under the rules of the Service to which he belonged by reckoning his service as the Comptroller and Auditor-General as continuing approved service counting for pension in such Service; and

(b) a special pension of seven hundred rupees per. annum in respect of each completed year of service as the Comptroller and Auditor-General.

(6B) Notwithstanding anything contained in the foregoing pro-
visions of this section, a person referred to in sub-section (3) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Amendment Act, 1984, shall, on such demission, be entitled to-

(a)the pension payable to him in respect of any previous service under Government; and

(b) a special pension of seven hundred rupees per annum in respect of each completed year of service as the
Comptroller and Auditor-General.

———————————————————————–
1 Ins. by Act 2 of 1984, S. 2.2 Omitted by Act 50 of 1987, S. 2 (w.e.f. 1.1.1986).

3 Ins. by Act So of 1987, S. 2.———————————————————————-

74a

1*(6C) Notwithstanding anything contained in the foregoing provisions of this section, a person who demits office [whether in any manner specified in sub-section (8) or by resignation] as the
Comptroller and Auditor-General after the commencement of the
Comptroller and Auditor-Generals (Duties, Powers and Conditions of
Service) Amendment Act, 1987, shall, on such demission, be entitled to-

(a) a pension which is equal to the pension payable to a
Judge of the Supreme Court,-

(i) if such person is a person referred to in sub-
section (1) or sub-section (3), in accordance with the provisions of Part III of the Schedule to the
Supreme Court Judges (Conditions of Service) Act, 1958.(hereafter in this Act referred to as the Supreme Court
Judges Act), as amended from time to time and

(ii)if such person is a person referred to in subsection
(4), in accordance, with the provisions of Part I of the
Schedule to the Supreme Court Judges Act, as amended from time to time;

(b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of
Supreme Court under the Supreme Court Judges Act and the rules made thereunder, as amended from time to time

4*[(6D) Notwithstanding anything contend in the forgoing provisions of this section, a person who demitted office [whether in any manner specified in sub-section 8 of by regisnation] as the comptroller and
Audit-General, at any time before the 16th day, 1987, shall be entitled to the pension specified in sub-section 6c on and from the date.]

(7) If a person who demits office as the Comptroller and
Auditor-Genral is not eligible to any pension under this section but is eligible to a pesnion under the rules for the time being applicable to the service to which he belonged immediately before be assumed.

75.Office as the Comptroller and Auditor-General, he shall, notwithstanding anything contained in this section, be eligible to draw such pension as is admissible to him under the said rules.

(8) Except where he demits office by resignation, a person holding office of the Comptroller and Auditor-General shall be deemed, for the purposes of this Act, to have demitted such office as such if, and only if,-

(a) he has completed the term of office specified in section 4, or

(b) he has attained the age of sixty-five years, or

(c)his demission of office is medically certified to be necessitated by ill health.

1* * * * * *

8.Right to subscribe to General Provident Fund.

8.Right to subscribe to General Provident Fund. Every person holding office as the Comptroller and Auditor General shall be entitled to subscribe to the General Provident Fund (Central
Services).

9.Other conditions of service.

9.Other conditions of service. 2*["Save as otherwise provided in this Act, the conditions of service relating to travelling allowance, provision of rent-free residence and exemption from payment of income-
tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a Judge of the
Supreme Court under Chapter IV of the Supreme Court Judges Act, and the rules made thereunder, shall, so far as may be, apply to serving or retired Comptroller and Auditor-General as the case may be.]

Provided that nothing in this section shall have effect so as to give a person, who immediately before the date of assuming office as the comptroller and Auditor-General, was in the service of Government, less favourable terms in respect of any of the matters aforesaid than those to which he would be entitled as a member of the Service to which he belonged, his service as Comptroller and Auditor-General being treated for the purpose of this proviso as continuing service in the Service to which he belonged.

CHAPTER IIIDUTIES AND POWERS OF THE COMPTROLLER AND AUDITOR-GENERAL

10.Comptroller and Auditor-General to compile accounts of Union and States. (1) The Comptroller and Auditor-General shall be responsible-

(a) for compiling the accounts of the Union and of each State from the initial and subsidiary accounts rendered to the audit and accounts offices under his control by treasuries, offices or departments responsible for the keeping of such accounts; and

(b)for keeping such accounts in relation to any of the matters specified in clause (a) as may be necessary:

1*[Provided that the President may, after consultation with the
Comptroller and Auditor-General, by order, relieve him from the res-
ponsibility for compiling-

(i) the said accounts of the Union (either at once or gradually by the issue of several orders) ; or

(ii) the accounts of any particular services or departments of the

(i) the said accounts of the State (either at once or gradually by the issue of several orders) ; or

(ii) the accounts of any particular services or departments of the State : ]

2*[Provided also] that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for keeping the accounts of any particular class or character.

(2) Where, under any arrangement a person other than the Comp-
troller and Auditor-General has, before the commencement of this Act, been responsible-

(i) for compiling the accounts of any particular service or department of the Union or of a State, or

———————————————————————-
1 Subs. by Act 58 of 1976, s. 2, for the first proviso (w.e.f. 1-3-
1976).

2 Subs. by s. 2, ibid., for “Provided further” (w.e.f. 1-3-1976).
———————————————————————-

77.(ii) for keeping the accounts of any particular class or character, such arrangement shall, notwithstanding anything contained in subsection (1), continue to be in force unless, after consultation with the Comptroller and Auditor-General, it is revoked in the case referred to in clause (i), by an order of the President or the
Governor of the State, as the case may be, and in the case referred to in clause (ii), by an order of the President.

11.Comptroller and Auditor-General to prepare and submit accounts to thePresident, Governors of States and Administrators of Union territorieshaving
Legislative Assemblies.

11.Comptroller and Auditor-General to prepare and submit accounts to the President, Governors of States and Administrators of Union territories having Legislative Assemblies. The Comptroller and
Auditor-General shall, from the accounts complied by him or (by the
Government or any other person responsible In that behalf], prepare in each year accounts (including, in the case of accounts compiled by him, appropriation accounts) showing under the respective heads the annual receipts and disbursements for the purpose of the Union, of each State and of each Union territory having a Legislative Assembly, and shall submit those accounts to the President or the Governor of a
State or Administrator of the Union territory having a Legislative
Assembly, as the case may be, on or before such dates as he may, with the concurrence of the Government concerned, determine:

2*[Provided that the President may, after consultation with the
Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the
Union or of a Union territory having a Legislative Assembly:

Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the
Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the
State.]

12.Comptroller and Auditor General to give information and renderassistance to the Union and States.

12.Comptroller and Auditor General to give information and render assistance to the Union and States. The Comptroller and Auditor-
General shall, in so far as the accounts, for the compilation or keeping of which he is responsible, enable him so to do, give to the
Union Government, to the State Governments or to the Governments of
Union territories having Legislative Assemblies, as the case may be, such information as they may, from time to time, require,

———————————————————————-
1 Subs. by Act 58 of 1976, s. 3, for certain words (w.e.f. 1-3-1976).

2 Ins. by s. 3, ibid. (w.e.f. 1-3-1976).
———————————————————————–

78.and render such assistance in the preparation of their annual financial statements as they may reasonably ask for.

13.General provisions relating to audit.

13.General provisions relating to audit. It shall be the duty of the Comptroller and Auditor-General-

(a) to audit all expenditure from the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it;

(b)to audit all transactions of the Union and of the
States relating to Contingency Funds and Public Accounts

(c)to audit all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a
State ;

and in each case to report on the expenditure, transactions or accounts so audited by him.

14.Audit of receipts and expenditure of bodies or authoritiessubstantially financed from Union of State Revenues.

14.Audit of receipts and expenditure of bodies or authorities substantially financed from Union of State Revenues. 1*(1) Where any body or authority is substantially financed by grants or loans from the Consolidated Fund of India or of any State or of Union territory having a Legislative Assembly, the Comptroller Auditor-General shall, subject to the provisions of any law for being in force applicable to the body or authority, as the case audit all receipts and expenditure of that body or authority and to him port on the receipts and expenditure audited by him.

(2) Notwithstanding anything contained in sub-section the
Comptroller and Auditor-General may, with the previous approval of the
President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, audit all receipts and expenditure of any body or authority where the grant or loan to such body or authority from the Consolidated Fund of India or of any State, or of any Union territory having a Legislative Assembly, as the case may be, in a financial year is not less than rupees one crore.

(3) Where the receipts and expenditure of any body or authority are, by virtue of the fulfillment of the conditions specified in sub-
section (1) or sub-section (2), audited by the Comptroller and
Auditor-General in a financial year, he shall continue to audit the receipts and expenditure of that body or authority for a further period of two years notwithstanding that the conditions specified in sub-section (1) or sub-section (2) are not fulfilled during any of the two subsequent years.

Explanation.-Where the grant or loan to a body or authority from the
Consolidated Fund of India or of any State or of any Union territory
1*having a Legislative Assembly in a financial year is not less than
[rupees twenty five lakhs] and the amount of such grant or loan is not less than seventy five per cent of the total expenditure of that body or authority, such body or authority shall be deemed, for the purposes of 1*[this sub-section] to be substantially financed by such grants or loans as the case may be.

15.Functions of Comptroller and Auditor-General in the case of grants orloans given to other authorities or bodies.

15.Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies. (1) Where any grant or loan is given for any specific purpose from the Consolidated
Fund of India or of any State or of any Union territory having a
Legislative Assembly to any authority or body, not being a foreign
State or international Organisation, the Comptroller and

———————————————————————
1.Remembered, subs. and ins. by Act 2 of 1984, s.3.———————————————————————

78A

Auditor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body:

Provided that the President, the Governor of a State or the
Administrator of a Union territory having a Legislative Assembly, as the case may be, may, where he is of opinion that it is necessary so to do in the public interest, by order, relieve the Comptroller and
Auditor-General, after consultation with him, from making any such scrutiny in respect of any body or authority receiving such grant or loan.

(2) Except where he is authorised so to do by the President, the
Governor of a State or the Administrator of a Union territory having legislative Assembly, as the case may be, the Comptroller and Auditor
General shall not have, while exercising the powers conferred on him by sub-section (1), right of access to the books and accounts of an corporation to which any such grant or loan as is referred to

79.in sub-section (1) is given if the law by or under which such corpora-
tion has been established provides for the audit of the accounts of such corporation by an agency other than the Comptroller and Auditor-
General:

Provided that no such authorisation shall be made except after consultation with Comptroller and Auditor-General and except after giving the concerned corporation a reasonable opportunity of making representations with regard to the proposal to give to the Comptroller and Auditor-General right of access to its books and accounts.

16.Audit of receipts of Union or of States.

16.Audit of receipts of Union or of States. It shall be the duty of the Comptroller and Auditor-General to audit all receipts which are payable into the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed and to make for this purpose such examination of the accounts as he thinks fit and report thereon.

17.Audit of accounts of stores and stock.

17.Audit of accounts of stores and stock. The Comptroller and
Auditor-General shall have authority to audit and report on the accounts of stores and stock kept in any office or department of the
Union or of a State.

18.Powers of Comptroller and Auditor-General in connection with audit ofaccounts.

18.Powers of Comptroller and Auditor-General in connection with audit of accounts. (1) The Comptroller and Auditor-General shall in connection with the performance of his duties under this Act, have authority-

(a) to inspect any office of accounts under the control of the Union or of a State, including treasuries and such offices responsible for the keeping of initial or subsidiary accounts, as submit accounts to him;

(b) to require that, any accounts, books, papers and other documents which deal with or from the basis of or are otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may appoint for his inspection ;

(c) to put such questions or make such observations as he may consider necessary, to the person in charge of the office and to call for such information as he may require for

the preparation of any account or report which it is his duty to prepare.

(2) The person in charge of any office or department, the accounts of which have to be inspected and audited by the Comptroller and Auditor-General, shall afford all facilities for such inspection and, comply with requests for information in as complete a form as possible and with all reasonable expedition.

19.Audit of Government companies and corporations.

19.Audit of Government companies and corporations. (1) The duties and powers of the Comptroller and Auditor General in relation to the audit of the accounts of Government companies shall be performed and exercised by him in accordance with the provisions of the Companies Act, 1956 (1 of 1956).

(2) The duties and powers of the Comptroller and Auditor-General in relation to the audit of the accounts of corporations (not being companies) established by or under law made by Parliament shall be performed and exercised by him in accordance with the provisions of the respective legislations.

(3) The Governor of a State or the Administrator of a Union territory having a Legislative Assembly may, where he is of opinion that it is necessary in the public interest so to do, request the
Comptroller and Auditor-General to audit the accounts of a corporation established by law made by the Legislature of the State or of the
Union territory, as the case may be, and where such request has been made, the Comptroller and Auditor-General shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General and except after giving reasonable opportunity to the corporation to make representa-
tions with regard to the proposal for such audit.

19A.

Laying of reports in relation to accounts of Government companies andcorporations.

19A.Laying of reports in relation to accounts of Government companies and corporations. 1*(1) The reports of the Comptroller and
Auditor-General, in relation to the accounts of a Government company or a corporation referred to in section 19, shall be submitted to the
Government or Governments concerned.

(2)The, Central Government shall cause every report received by it under sub-section (1) to be laid, as soon as may be after it is received, before each House of Parliament.

(3)The State Government shall cause every report received by it under, sub-,section (1) to be laid as soon as may be after it is received, before the Legislature of the State.

Explanation.-For the purposes of this section, “Government” or
“State Government”, in relation to a Union territory having a Legis-
lative Assembly, means the Administrator of the Union territory.

20.Audit of accounts of certain authorities or bodies.

20.Audit of accounts of certain authorities or bodies. (1) Save as otherwise provided in section 19, where the audit of the accounts of any body or authority has not been entrusted to the Comptroller and
Auditor-General by or under any law made by Parliament, he shall, if requested so to do by the President or the Governor of a State or the
Administrator of a Union territory having a Legislative Assembly, as the case may be, undertake the audit of the accounts of such body or authority on such terms and conditions

———————————————————————
1. Ins. by Act 2 of 1984, s.4.———————————————————————

81.as may be agreed upon between him and the concerned Government and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General.

(2)The Comptroller and Auditor-General may propose to the
President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, that he may be authorised to undertake the audit of the accounts of any body or authority, the audit of the accounts of which has not been entrusted to him by law, if he is of opinion that such audit is necessary because a substantial amount has been invested in, or advanced to, such body or authority by the Central or State Government or by the Government of a Union territory having a Legislative
Assembly, and on such request being made, the President or the
Governor or the Administrator, as the case may be, may empower the
Comptroller and Auditor-General to undertake the audit of the accounts of such body or authority.

(3)The audit referred to in sub-section (1) or sub-section (2)
shall not be entrusted to the Comptroller and Auditor-General except where the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, is satisfied that it is expedient so to do in the public interest and except after giving a reasonable opportunity to the concerned body or authority to make representations with regard to the proposal for such audit.

CHAPTER IVMISCELLANEOUS

21.Delegation of power of Comptroller and auditor-General. Any power exercisable by the Comptroller and Auditor-General under the provisions of this Act, or any other law may be exercised by such officer of his department as may be authorised by him in this behalf by general or special order :

Provided that except during the absence of the Comptroller and
Auditor-General on leave or otherwise, no officer shall be authorised to submit on behalf of the Comptroller and Auditor-General any report which the Comptroller and Auditor-General is required by the Constitu-
tion or the Government of Union Territories Act, 1963 (20 of 1963) to
Submit to the

82.President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be.

22.Power to make rules.

22.Power to make rules.(1) The Central Government may, after consultation with the, Comptroller and Auditor-General, by notification in the Official Gazette, make rules for carrying out the provisions of this Act in so far as they relate to the maintenance of accounts.

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

(a) the manner in which initial and subsidiary accounts shall be kept by the treasuries, offices and departments rendering accounts to audit and accounts offices;

(b) the manner in which the accounts of 1*[the Union or of a State or of] any particular service or department or of any particular class or character, in respect of which the Comptroller and Auditor-General has been relieved from the responsibility of compiling or keeping the accounts, shall be compiled or kept;

(c) the manner in which the accounts of stores and stock shall be kept in any office or department of the
Union or of a State, as the case may be ;

(d) any other matter which is required to be, or may be, prescribed by rules.

(3) Every rule made under this section 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 2*[in two or more successive sessions], and if, before the expiry of 2*[the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rules 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.

23.Power to make regulations.

23. Power to make regulations. The Comptroller and Auditor-General is here by authorised to make rugulations for carrying into effect the provisions of this Act in
———————————————————————-

1 Ins. by Act 58 of 1976, s. 4 (w.e.f. 1-3-1976).

2. Subs. by s. 4, ibid., for certain words (w.e.f. 1-3-1976).
———————————————————————

83.so far as they relate to the scope and extent of audit, including laying down for the guidance of the Government Departments the general principles of Government accounting and the broad principles in regard to audit of receipts and expenditure.

24.Power to dispense with detailed audit.

24. Power to dispense with detailed audit. The Comptroller and
Auditor-General is hereby authorised to dispense with, when circumstances so warrant, any part of detailed audit of any accounts or class of transactions and to apply such limited check in relation to such accounts or transactions as he may determine.

25.Repeal.

25. Repeal. The Comptroller and Auditor-General (Conditions of
Service 21 of 1953.) Act, 1953, is hereby repealed.

26.Removal of doubts.

26. Removal of doubts. For the removal of doubts, it is hereby declared that on the commencement of this Act the Government of India
(Audit and Accounts) Order, 1936, as adapted by the India (Provisional
Constitution) Order, 1947, shall cease to be in force except as respects anything done or any action taken thereunder.

THE COAL GRADING BOARD (REPEAL) ACT, 1959

Legal India — Fri, 19 Jun 2009 20:06:31 +0000

AN ACT TO REPEAL THE COAL GRADING BOARD ACT, 1925, AND TO
PROVIDE FOR CERTAIN

[9th May, 1959.]

1.Short title and commencement.

1. Short title and commencement. (1)This Act may be called the
Coal Grading Board (Repeal) Act, 1959.(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “appointed day” means the date on which this Act come into force;

(b) “Coal Board ” means the Coal Board established under section
4 of the Coal Mines (Conservation and Safety) Act, 1952 ; (12 of 1952)

(c) “Coal Grading Board” means the Coal Grading Board constituted under section 3 of the Coal Grading Act, 1925.3.Repeal of Act 31 of 1925 and dissolution of coal Granding Board.

3. Repeal of Act 31 of 1925 and dissolution of coal Granding
Board. On the appointed day, the Coal Grading Board Act, 1925,
(31 of 1925) shall stand repealed, and the Coal Grading Board shall stand dissolved.

4.Consequential provisions.

4. Consequential provisions. (1) All- moneys and other property, of whatever kind, owned by or vested in, the Coal Grading Board immediately before the appointed day and all debts, liabilities and obligations of that Board then existing shall, on the appointed day, stand transferred to and vested in the Coal Board.

(2) Anything done or any action taken before the appointed day by the Coal Grading Board shall, so far as it is not inconsistent with any of the provisions of the Coal Mines (Conservation and Safety) Act,
1952, (12 of 1952) or the rules made thereunder, be as valid and effectual as if it had been done or taken by the Coal Board.

———————————————————————
1 14th August, 1959, vide Notification No. S.O. 1771, dated the 7th
August, 1959, Gazette of India, Extraordinary, Pt. II, Sec. 3(ii), p.
439.———————————————————————

THE COAL INDIA (REGULATION OF TRANSFERS AND VALIDATION) ACT, 2000

Legal India — Fri, 19 Jun 2009 20:04:23 +0000

An Act to empower the Central Government to direct the transfer of the land, or of the rights in or over land or of the right, title and interest in relation to a coal mine, coking coal mine or coke oven plant, vested in the Coal India Limited or in a s bsidiary company to any subsidiary company of Coal India Limited or any other subsidiary company and to validate certain transfers of such land or rights.

BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title.

1. Short title.-This Act may be called the Coal India (Regulation of
Transfers and Validation) Act, 2000.

2.Definitions.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) “Coal India” means the Coal India Limited, a Government company incorporated under the Companies Act, 1956 (1 of 1956) having its registered office at Calcutta and includes its predecessor Government company, namely, the Coal Mines Authority Limited;

(b) “subsidiary company” means the following subsidiary companies of
Coal India, namely:-

(i) the Central Coal Fields Limited, Ranchi and includes its predecessor Government company, namely, the National Coal Development
Corporation Limited, Ranchi;

(ii) the Bharat Coking Coal Limited, Dhanbad;

(iii) the Western Coal Fields Limited, Nagpur;

(iv) the Eastern Coal Fields Limited, Sanctoria;

(v) the Central Mine Planning and Design Institute Limited, Ranchi;

(vi) the South-Eastern Coal Fields Limited, Bilaspur;

(vii) the Northern Coal Fields Limited, Singrauli;

(viii) the Mahanadi Coal Fields Limited, Sambalpur. and includes such other subsidiary company of Coal India as may be incorporated under the Companies Act, 1956 (1 of 1956) from time to time;

(c) words and expressions used herein and not defined but defined in the Coking Coal Mines (Nationalisation) Act, 1972 (36 of 1972) or the
Coal Mines (Nationalisation) Act, 1973 (26 of 1973), shall have the meanings, respectively, assigned to them in tho e Acts.

3.Power of Central Government to direct transfer of land, rights, titleor interest.3. Power of Central Government to direct transfer of land, rights,title or interest.-(1) Notwithstanding anything c

4.Validation of certain transfers.

4. Validation of certain transfers.-A subsidiary company which was operating, or was in control of, any coal mine, coking coal mine, or coke oven plant which was vested in the Coal India or any other subsidiary company immediately before the commencement of this Act, shall be deemed to have been vested with the land or rights in or over such land or the right, title and interest in relation to such coal mine, coking coal mine or coke oven plant and such vesting shall be deemed to have been valid and effe tive at all material times as if a direction had been made by the Central Government under sub-section
(1) of section 3 and accordingly no suit or other proceeding shall be instituted, maintained or continued in any court on the ground that such subsidi ry company was not competent to operate or control such coal mine, coking coal mine or coke oven plant.

THE COAL MINES (CONSERVATION AND DEVELOPMENT) ACT, 1974

Legal India — Fri, 19 Jun 2009 20:01:49 +0000

An Act to provide for the conservation of coal and development of coal mines and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-fifth Year of the
Republic of India as follows:-

CHAPTER I
PRELIMINARY

1.Short title, extent and commencement.

1. Short title, extent and commencement. (1)This Act may be called the Coal Mines (Conservation and Development) Act, 1974.(2) It extends to the whole of India.
(3) It shall come into force on such day as the Central
Government may, by notification, appoint in this behalf.

2.Declaration as to expediency or control by Central Government.

2. Declaration as to expediency of control by Central
Government. It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation and development of coal mines to the extent hereinafter provided.

3.Definitions.

3. Definitions. In this Act, unless the context otherwise requires,-

(a) “appointed day” means the day on which this Act comes into force;

(b) “blending” means the process of intimately mixing different varieties of coal so as to provide a mixture which on carbonisation results in coke;

(d) “Chief Inspector” and “Inspector” mean the persons respectively appointed as the Chief Inspector of Mines and
Inspec-

———————————————————————
1 [1st April, 1975, See Notification No. G.S.R 164(E), dated the 26th
March, 1975, Gazette of India, Extraordinary, 1975, Pt. II , Sec. 3.(i) p. 651.---------------------------------------------------------------------

124.tor of Mines under the Mines Act, 1952, and the provisions of that Act shall apply to the Chief Inspector and to all
Inspectors while exercising their powers under the Act or the rules made thereunder;

(e) "notification" means a notification published in the official Gazette ;

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

(g) "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India
Act, 1934 (2 of 1934)

(h) "railway" shall have the meaning assigned to it in the
Indian Railways Act, 1890(9 of 1890)

(i) "safety in coal mines" includes the safety of any railway situated on the surface above a coal mine;

(j)"stowing" means the operation of filling, with sand or any other material, or with both, spaces left underground in a coal mine by the extraction of coal ;

(k) "washing" means such process or combination of processes as may be approved in this behalf by the Central
Government by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom;

(l) "agent", "mine" and "owner" have the meanings respectively assigned to them in the Mines Act, 1952.(35 of
1952)

CHAPTER II

PROVISIONS RELATING TO CONSERVATION OF COAL AND DEVELOPMENT OF
COAL MINES

4.Power of Central Government in respect of conservation of coal anddevlopment of coal mines.

4. Power of Central Government in respect of conservation of coal and development of coal mines. (1) The Central Government may, for the purpose of conservation of coal and for the development of coal mines, exercise such powers and take or cause to be taken, such measures as it may deem necessary or proper or as may be prescribed.

(2) Without prejudice to the generality of the foregoing power, the Central Government may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such measures as

---------------------------------------------------------------------

125.it may think necessary for the purpose of conservation of coal or for development of coal mines, including-

(a) in any coal mine, stowing for safety, or

(b) the prevention of any factor which may adversely affect the conservation of coal or development of coal mine, or

1.["(3) The Central Government may, if it is satisfied after consideration of all the facts and circumstances that the recovery of the cost of measures, if any, undertaken by it under sub-section (1)
or sub-section (2) in relation to a coal mine is justified, recover such cost from the owner, agent or manager of the coal mine, either wholly or partly, in the same manner as an arrear of land revenue.]

5.Duty of owner to take steps for the conservation and devlopment ofcoal mine.

5. Duty of owner to take steps for the conservation and devlopment of coal mine. (1) The owner of a coal mine shall take, in relation to each coal mine owned by him, such steps as may be necessary to ensure the conservation of coal and development of the coal mine.

(2) Without prejudice to the generality of the provisions of sub-section (1), the owner of a coal mine shall-

(a) execute such stowing and other operations as may be necessary to be taken in furtherance of the objects of this
Act in so far as such objects relate to the conservation of coal or development of the coal mine or the utilisation of coal obtained from the coal mine.

(b) acquire such stowing and other materials as may be necessary for ensuring the conservation of coal, and safety in, the coal mine;

(d) plan and undertake development of the coal mines in a scientific manner;

(e) undertake such other activity as the Central Government may, for the furtherance of the objects of this Act, direct.

6. Imposition of esicxe duties. (1) With effect from the appointed day, there shall be levied and collected on all coal raised and despatched, and on all coke manufactured and despatched, from the collieries in India, such duty of excise, not exceeding rupees ten per tonne, as may be fixed from time to time by the Central
Government by, notification, and different rates of duty may be levied on different grades or description of coal or coke:

Provided that the Central Government may, by general or special order, exempt any special grade or grades or description of coal or coke from the levy of such duty of excise.

———————————————————————
1. Ins. by Act 55 of 1985,s.2 (w.e.f.1-1-1986).
———————————————————————

126.(2) For the purposes of sub-section (1), coal shall be graded by the Central Government in accordance with such specifications as may be laid down by that Government from time to time.

(3) All notifications issued under this section shall be laid, as soon as may be, before both Houses of Parliament.

7.Imposition of customs duty.

7.Imposition of customs duty. During the period in which any duty of excise is being levied under section 6, the Central Government may, by notification, impose on all coal (including soft and hard coke), imported or brought into India from any place outside India, a duty of customs (which shall be in addition to any duty of Customs for the time being leviable under any other law), at the rates equivalent to the rates of duty of excise levied under section 6.

8.Collection of excise duties.

1. 8. Collection of excise duties. 1[(1)]The duties of excise levied under section 6 shall be collected by such agencies and in which manner as may be prescribed.

1.["(2) Where any duty of excise referred to in sub-section (1)
cannot be collected in the manner prescribed under that sub-section, it shall be recovered from the owner of the coal mine in the same manner as an arrear of land revenue".]

9.Utilisation of proceeds of duties levied and collected under sections6 and 7.9.Utilisation of proceeds of duties levied and collected under sections 6 and 7. In each financial year, a sum not exceeding the net proceeds (determined in such manner as may be prescribed) of the duties of excise and customs levied and collected under sections 6 and
7, respectively, during the preceding financial year or years shall be disbursed by the Central Government in accordance with such procedure as may be prescribed, to the owners, agents or managers of coal -mines or to any other person for one or more of the following purposes, namely:-

(a) conservation of coal and development of coal mines;

(b) grant of stowing materials and other assistance for stowing operations ;

(d) prosecution of research work, connected with conservation and utilisation of coal; and

(e) any other purpose connected with the conservation of coal or development of coal mines, or transportation, distribution or utilisation of coal:

Provided that the Central Government may disburse to the owners, agents or managers of coal mines or to any other person, a sum not

———————————————————————
1. Remembered and Ins. by Act 55 of 1985 ,s.3 (w.e.f.1-1-1986).
———————————————————————

127.exceeding the aggregate of the net proceeds of the duties of excise collected under section 8 of the Coal Mines (Conservation, Safety and
Development) Act, 1952, (12 of 1952) and remaining undisbursed before the commencement of this Act, for all or any of the purposes specified in this section.

10.Duty of owner to open Coal Mine Conservation and Development Account.

10. Duty of owner to open Coal Mine Conservation and Development
Account. (1) The owner of every coal mine, to whom any money is disbursed under section 9, shall open a separate account in a scheduled bank, to be known as the “Coal Mine Conservation and
Development Account” and shall credit to the said Account all sums so disbursed to him:

Provided that where it is necessary so to do in relation to the different groups of coal mines owned by an owner, separate accounts may be opened in relation to each, such group of coal mines.

(2) The money standing to the credit of the Coal Mine
Conservation Development Account and accretions thereto shall be applied by the owner of the coal mine to-

(a) the furtherance of the objects of this Act;

(b) the acquisition of stowing or other materials needed for stowing operations in coal mines;

(d) the prosecution of research work connected with the conservation, development and utilisation of coal and safety in coal mines;

(e) the planning and development of coal mines in a scientific manner; and

(f) any other expenditure which the Central Government may direct to be defrayed out of the money standing to the credit of the Account.

(3) The Account, referred to in sub-section (1), shall be kept in such manner and in such form as may be prescribed, and every such account shall be audited by the same person by whom the accounts of the owner of the coal mine are audited.

11.Power of Inspectors.

11. Power of Inspectors. (1)The Chief Inspector or any Inspector may make such examination and inquiries as he thinks fit in order to ascertain whether the
———————————————————————

128.provisions of this Act or of any rules and orders made thereunder are being complied with.

(2) The Chief Inspector or any Inspector may, with such assistance, if any, as he thinks fit enter, inspect and examine at any time by day or night any coal mine in order to ensure that stowing or any other operation has been, or is being, done effectively:

Provided that the power conferred by this sub-section shall not be exercised in such a manner as unreasonably to impede or obstruct the working of the mine.

(3) Without prejudice to the provisions of the Mines Act,
1952 (35 of 1952) the Chief Inspector or any Inspector may, by order in writing, addressed to the owner, agent or manager of a coal mine, require him to take such protective measures, including stowing, in the mine as the Chief Inspector or the Inspector may think necessary, if in the opinion of the Chief Inspector or Inspector–

(a) the extraction or reduction of pillars in any part of the coal mine is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger human life or the coal mine or a railway, or

(b) adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of any part of the coal mine or for restricting the area that might be affected by fire or flooding, as the case may be.

(4) The powers conferred on the Inspector under sub-section (1),
(2) and (3) may also be exercised by such officer of the Central Gov-
ernment as that Government may, by notification, specify in this behalf.

CHAPTER III

DISSOLUTION OF THE COAL BOARD AND TRANSFER OF EMPLOYEES THEREOF

12. Dissolution of the Coal Board. (1) On the appointed day, the
Coal Board, established under section 4 of the Coal Mines
(Conservation, Safety and Development) Act, 1952, (12 of 1952) shall stand dissolved.

(2) On the dissolution of the Coal Board,-

———————————————————————

129.(a) all rights and privileges of the Coal Board shall become the rights and privileges, respectively, of the
Central Government;

(b) the Central Government-shall be deemed to be the lessee of all properties held by the Coal Board, immediately before the appointed day, under any lease and that Government shall hold the lease under the same terms and conditions under which the lease was held by the Coal Board ;

(c) all other properties, movable and immovable, including cash balances, reserve funds, investments and monies lying to the credit of the Coal Mines Safety and Conservation Fund and the Coal Development Fund, and all other rights and interests in, or arising out of, such properties as were. immediately before the appointed day, in the ownership, possession, power or control of the Coal Board, and all books of account, registers, records and all other documents of whatever nature relating thereto, shall vest in the Central Government;

(d) all borrowings, liabilities and obligations of the Coal
Board, of whatever kind and subsisting immediately before the appointed day, shall be deemed, on and from the appointed day, to be the borrowings, liabilities or obligations, as the case may be, of the Central Government;

(e) all contracts entered into, and all matters and things engaged to be done by, with, or for, the Coal Board and subsisting immediately before the appointed day, shall be deemed, on and from the appointed day, to have been entered into or engaged to be done by, with or for, the Central
Government; all licences and permits granted to the Coal
Board and in force immediately before the appointed day shall be deemed, on and from the appointed day, to have been granted to the Central Government and shall have effect accordingly.

13.Power of Central Government to direct vesting of rights in aGovernment company.

13. Power of Central Government to direct vesting of rights in a
Government company. Notwithstanding anything contained in section 12, the Central Government may, if it is satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of the Coal Board in relation to any property
———————————————————————

130

shall, instead of continuing to vest in it, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the direction, and on such vesting, the liability or obligation, as the case may be, of the Coal Board in relation to such property shall, instead of continuing to be the liability or obligation of the Central Government, become the liability or obligation, as the case may be, of the Government company.

14.Continuation of suits, etc., against the Central Government.

14. Continuation of suits, etc., against the Central Government.
(1) If, on the appointed day any suit appeal or other proceed-
ing of whatever nature in relation to the Coal Board is pending by or against such Board, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the
Coal Board ; but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Central
Government or the Government company in which the property of the Coal
Board has become vested, as the case may be.

(2) Where, before the appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the Coal Board, and the institution of any suit or proceeding on such cause of action or the filing of such appeal was not barred before the appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the Central Government or the Government company referred to in sub-section (1), as the case may be.

15.Transfer of service of existing employess of Coal Board.

15. Transfer of service of existing employess of Coal Board. (1)
Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, every officer or other employee of the Coal Board shall, on and from the appointed day, become an officer or other employee, as the case may be, of such
Government company or organisation as the Central Government may, in writing, specify and shall hold his office or service in such Govern-
ment company or organisation, as the case may be, on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the Coal Board had not been abolished, and shall continue to do so unless and until his employment in the Government company or organisation is terminated or until his remuneration or terms and conditions of service are duly altered by the Government company or organisation, as the case may be:

131.Provided that the tenure remuneration and other terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage except with the previous approval of the Central Government or without such approval, except as a measure of punishment, under the rules of the Government company or the organisation concerned.

(2) Where any officer or other employee of the Coal Board becomes, under sub-section (1), an officer or other employee of any
Government company or organisation, the period of service rendered, or deemed to have been rendered, by him under the Coal Board before the appointed day shall be deemed, for the purposes of fixation of pay and other emoluments, pension and other retirement benefits, to be the period of service rendered by him under the said Government company or organisation, as the case may be, as if the Government company or the organisation were in existence during the said period.

16.No compensation to be paid for the transfer of service of any officeror other employee.

16.No compensation to be paid for the transfer of service of any officer or other employee. Notwithstanding anything contained in any other law for the time being in force, the transfer of the service of any officer or other employee from the Coal Board to any Government company or organisation shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

CHAPTER IV

MISCELLANEOUS

17.Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against the Central Government or against the Chairman or any other member of the Coal Board or any officer thereof or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder, or in pursuance of the Coal Mines
(Conservation, Safety and Development) Act, 1952 (12 of 1952) or any rule made thereunder.

18.Power to make rules.

18. Power to make rules. (1) The Central Government may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the measures to be taken for the purpose of conservation of coal and maintenance of safety in coal mines;

————————————————————

132.(b) the measures to be taken for the development of coal mines;

(c) the manner in which, and the conditions subject to which, sums at the credit of the Coal Mine Conservation and
Development Account may be applied;

(d) the form in which the Coal Mine Conservation and
Development Account shall be kept;

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

(3) Any rule made under the provisions of this Act may provide that the contravention thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.

(4) Every rule made under this Act 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 session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

19.[Repeat.]

19. [Repeat.] Rep. by the Repeating and Amending Act, 1978, S. 2.and Sch. I.

THE COAL MINES (NATIONALISATION) ACT, 1973

Legal India — Fri, 19 Jun 2009 19:56:23 +0000

An Act to provide for the acquisition and transfer of the right, title and interest of the owners in respect of the coal mines specified in the Schedule with a view to re-organising and reconstructing such coal mines so as to ensure the rational, co-ordinated and scientific development and utilisation of coal resources consistent with the growing requirements of the country, in order that the ownership and control of such resources are vested in the State and thereby so distributed as best to subserve the common good, and for matters connected therewith or incidental thereto.

CHAPTER IPRELIMINARY

1.Short title and commencement

1. Short title and commencement. (1) This Act may be called the
Coal Mines (Nationalisation) Act, 1973.(2) The provisions of sections 30 and 31 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of May, 1973.1A.

Declaration as to expediency of Union control.

1*[1A. Declaration as to expediency of Union control. (1) It is hereby declared that it is expedient in the public interest that the
Union should take under its control the regulation and development of coal mines to the extent hereinafter provided in sub-sections (3) and
(4) of section 3 and sub-section (2) of section 30.

(2) The declaration contained in sub-section (1) is in addition to, and not in derogation, of the declaration contained in section 2.of the Mines and Minerals (Regulation and Development) Act, 1957 (67.of 1957).]

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “appointed day” means the 1st day of May, 1973;

(b) “coal mine” means a mine in which there exists one or more seams of coal;
———————————————————————-
1 Ins. by Act 67 of 1976, s. 2 (w.e.f. 29-4-1976).

332.(c) “company” means a company as defined in section 3 of the
Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;

(d) “Commissioner” means the Commissioner of Payments appointed under section 17;

(e) “Custodian” means the Custodian appointed under sub-
section (2) of section 11, to take over, or carry on, the management of a coal mine;

(f) “Government company” has the meaning assigned to it by section 617 of the Companies Act, 1956 (1 of 1956)

(g) “managing contractor” means the person, or body of persons, who, with the previous consent, in writing, of the State Government, has entered into an arrangement, contract or understanding, with the owner of a coal mine under which the operations of the coal mine are substantially controlled by such person or body of persons;

(h) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes–

(i) all borings and bore holes;

(ii) all shafts, whether in the course of being sunk or not;

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

(iv) all open cast workings;

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

(vi) all lands, buildings, works, adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes of the mine;

(vii) all workshops (including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand)
in, or adjacent to, a mine and used substantially for the purposes of the mine or a number of mines under the same management;

(viii) all coal belonging to the owner of the mine, whether in stock or in transit, and all coal under production in a mine;

333.(ix) all power stations in a mine or operated primarily for supplying electricity for the purpose of working the mine or a number of mines under the same management;

(x) all lands, buildings and equipments belonging to the owner of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on;

(xi) all lands and buildings [other than those referred to in sub-clause (x)], wherever situated, if solely used for the location of the management, sale or liaison offices, or for the residence of officers and staff, of the mine;

1*[(xii) all other fixed assets, movable and immovable, belonging to the owner of a mine, wherever situated, and current assets, belonging to a mine, whether within its premises or outside.

Explanation.--The expression "current assets" does not include,--

(a) dues representing the sale of coal and coal products effected at any time before the appointed day and outstanding immediately before the said day;

(b) dues from the Coal Board, established under section 4 of the Coal Mines (Conservation, Safety and
Development) Act, 1952 (12 of 1952), prior to the repeal of the said Act, with respect to any period before the appointed day;

(c) dues from sundry debtors, loans and advances to other parties and investments, not being investments in the coal mine;

(d) security deposits made by the owners with the
Coal Controller appointed by the Central Government or with the Railways for the fulfilment of contracts or with a State Electricity Board for the payment of bills;

(e) earnest money deposited by the owners with the
Railways for obtaining contracts;]
———————————————————————-
1 Subs. by Act 22 of 1978, s. 10, for the original sub-clause
(w.e.f. 1-5-1973).

334.(i) “Mineral Concession Rules” means the rules, for the time being in force, made under the Mines and Minerals
(Regulation and Development) Act, 1957 (67 of 1957)

(j) “mining company” means a company owning a coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956), the undertaking of that company in India;

(k) “notification” means a notification published in the
Official Gazette;

(l) “prescribed” means prescribed by rules made under this
Act;

(m) “specified date” means such date 1* as the Central
Government may, for the purpose of any provision of this Act by notification, specify; and different dates may be specified for different provisions of this Act;

(n) words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and
Development) Act, 1952 (12 of 1952), have the meanings, respectively, assigned to them in that Act;

(o) words and expressions used herein and not defined in this Act or in the Coal Mines (Conservation, Safety and
Development) Act, 1952 (12 of 1952), but defined in the Mines Act, 1952 (35 of 1952), have the meanings, respectively, assigned to them in the Mines Act, 1952.

CHAPTER IIACQUISITION OF THE RIGHTS OF OWNERS OF COAL MINES

3. Acquisition of rights of owners in respect of coal mines. (1)
On the appointed day, the right, title and interest of the owners in relation to the coal mines specified in the Schedule shall stand transferred to, and shall vest absolutely in the Central Government free from all incumbrances.
———————————————————————-
1*The specified date for the purpose of the different provisions of the Act is as indicated below:–
———————————————————————-
Provision of the Act Specified date Gazette reference
———————————————————————-
Sub-section (3) of section 14 16-6-1973 G.S.R. 312 (E), dated 12-6-1973.Section 16 31-12-1973 -do-

Sub-section (3) of section 19 30-11-1974 G.S.R. 282 (E), dated 26-6-1974.Sub-section (4) of section 30-11-1974 -do-
19 and the proviso thereto.

335.1* * * * *

2*[(3) On and from the commencement of section 3 of the Coal
Mines (Nationalisation) Amendment Act, 1976 (67 of 1976),--

(a) no person, other than--

(i) the Central Government or a Government, company or a corporation owned, managed or controlled by the Central Government, or

(ii) a person to whom a sub-lease, referred to in the proviso to clause (c), has been granted by any such
Government, company or corporation, or

3*[(iii) a company engaged in--

(1) the production of iron and steel,

(2) generation of power,

(3) washing of coal obtained from a mine, or

(4) such other end use as the Central
Government may, by notification, specify,]

shall carry on coal mining operation, in India, in any form;

(b) excepting the mining leases granted before such commencement in favour of the Government, company or corporation, referred to in clause (a), and any sub-
lease granted by any such Government, company or corporation, all other mining leases and sub-leases in force immediately before such commencement, shall, in so far as they relate to the winning or mining of coal, stand terminated;

(c) no lease for winning or mining coal shall be granted in favour of any person other than the Government, company or corporation, referred to in clause (a):

Provided that the Government, company or corporation to whom a lease for winning or mining coal has been granted may grant a sub-lease to any person in any area on such terms and conditions as may be specified in the instrument granting the sub-lease, if the Government, company or corporation is satisfied that–

(i) the reserves of coal in the area are in isolated small pockets or are not sufficient for scientific and economical development in a co-ordinated and integrated manner, and
———————————————————————-
1 Omitted by Act 57 of 1986, s. 11 (w.e.f. 1-6-1973).
2 Ins. by Act 67 of 1976, s. 3 (w.e.f. 29-4-1976).
3 Subs. by Act 47 of 1993, s. 2.336.(ii) the coal produced by the sub-lessee will not be required to be transported by rail.

(4) Where a mining lease stands terminated under sub-section (3), it shall be lawful for the Central Government or a Government, company or corporation owned or controlled by the Central Government to obtain, 1*xxx a prospecting licence or a mining lease in respect of the whole or part of the land covered by the mining lease which stands so terminated.]

2*[(5) If, after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coal mine included in the Schedule or the name and address of the owner of any such coal mine, it may, by notification, correct such error, omission or misdescription and on the issue of such notification, the relevant entries in the Schedule shall be, and shall be deemed always to have been, corrected accordingly:

Provided that no such correction in relation to the ownership of a coal mine shall be made where such ownership is in dispute.]

4.Central Government to be the lessee of the State Government.

4. Central Government to be the lessee of the State Government.
(1) Where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coal mine, by a State
Government or any other person, vest in the Central Government under section 3, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government or such other person, as the case may be, in relation to such coal mine 3*[as if a fresh mining lease] in relation to such coal mine had been granted to the Central Government and the period of such lease shall be 3*[the maximum period] for which such lease could have been granted by the State Government or such other person under the Mineral
Concession Rules, and thereupon all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the
Central Government.

(2) On the expiry of the term of any lease, referred to in sub-
section (1), such lease shall, if so desired by the Central
Government, be renewed, 4*xxx by the lessor, for the maximum period for which such lease can be renewed under the Mineral Concession
Rules.

5.Power of Central Government to direct vesting of rights in aGovernment company.

5. Power of Central Government to direct vesting of rights in a
Government company. (1) Notwithstanding anything contained in sections
3 and 4, the Central Government may, if it is satisfied that a
Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coal mine referred to in section 3, shall, instead of continuing to vest in the Central Government, vest in the
Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction.
———————————————————————-
1 Omitted by Act 57 of 1986, s. 11 (w.e.f. 1-5-1973).
2 Ins. by s. 11, ibid. (w.e.f. 1-5-1973).
3 Subs. by s. 12, ibid (w.e.f. 1-5-1973).
4 Omitted by s. 12, ibid. (w.e.f. 1-5-1973).

337.(2) Where the right, title and interest of an owner in relation to a coal mine vest in a Government company under sub-section (1), the
Government company shall, on and from the date of such vesting, be deemed to have become the lessee in relation to such coal mine as if a mining lease in relation to the coal mine had been granted to the
Government company and the period of such lease shall be the entire period for which such lease could have been granted under the Mineral
Concession Rules; and all the rights and liabilities of the Central
Government in relation to such coal mine shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company.

(3) The provisions of sub-section (2) of section 4 shall apply to a lease which vests in a Government company as they apply to a lease vested in the Central Government and references therein to the
“Central Government” shall be construed as references to the
Government company.

6.Properties vested in the Central Government to be freed frommortgages, etc.

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

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

(3) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (1) or any other person holding any charge, lien or other interest in, or in relation to any, such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in the Schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government or the Government company.

338.7.Central Government or Government company not to be liable for priorliabilites.

7. Central Government or Government company not to be liable for prior liabilites. (1) Every liability of the owner, agent, manager or managing contractor of a coal mine, in respect of any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor, as the case may be, and shall be enforceable against him and not against the Central Government or the
Government company.

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

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

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

(c) no liability for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the Central
Government or the Government company.

CHAPTER IIIPAYMENT OF AMOUNT

8. Payment of amount to owners of coal mines. 1*[(1)] The owner of every coal mine or group of coal mines specified in the second column of the Schedule, shall be given by the Central Government, in cash and in the manner specified in Chapter VI, for the vesting in it, under section 3, of the right, title and interest of the owner in relation to such coal mine or group of coal mines, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the Schedule.

2*[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Schedule against any coal mine or group of coal mines specified in the second column of the said
Schedule and required to be given by the Central Government to its owner under sub-section (1) shall be deemed to include, and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or other assets referred to in clause
(h) of section 2 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coal or other assets.]

9.Payment of further amount.

9. Payment of further amount. (1) In consideration of the retrospective operation of the provisions of sections 3, 4 and 5, there shall be given by the Central Government, in cash, to the owner of every coal mine or group of coal mines specified in the Schedule, an amount equal to the amount which would have been, but for the provisions of the said sections 3,
———————————————————————-
1 Renumbered by Act 57 of 1986, s. 13 (w.e.f. 1-5-1973).
2 Ins. by s. 13, ibid. (w.e.f. 1-5-1973).

339.4 and 5, payable to such owner under the Coal Mines (Taking Over of
Management) Act, 1973 (15 of 1973), for the period commencing on the
1st day of May, 1973, and ending on the date on which this Act receives the assent of the President.

(2) In addition to the amount referred to in sub-section (1), there shall be given by the Central Government, in cash, to the owner of every coal mine or group of coal mines specified in the Schedule, simple interest at the rate of four per cent. per annum on the amount specified against such owner in the corresponding entry in the fifth column of the Schedule for the period commencing on the date on which this Act receives the assent of the President and ending on the date on which payment of such amount is made by the Central Government to the Commissioner.

(3) The amounts referred to in sub-section (1) and sub-section
(2) shall be in addition to the amount specified in the Schedule.

10.Income derived by the owners of coal mines after the appointed day tobe refunded to the Central Government.

10. Income derived by the owners of coal mines after the appointed day to be refunded to the Central Government. (1) Where, in pursuance of any decree, order or injunction of a court or otherwise, the Central Government or the Custodian appointed under the Coal Mines
(Taking Over of Management) Act, 1973 (15 of 1973), was prevented from taking over the management of any coal mine, the owner of such coal mine shall render, within sixty days from the date on which management of the coal mine is delivered to the Central Government or
Government company, as the case may be, accounts in relation to the period commencing on the date of commencement of the said Act and ending on the date of delivery of such management to the Central
Government or the Government company, as the case may be, with regard to the–

(a) assets and stores of the coal mine acquired or sold by him during the said period;

(b) coal sold or despatched during the said period;

(2) If, on examination of the accounts referred to in sub-section
(1), any income is found to have been derived by the owner from the coal mine during the period referred to in that sub-section, such income shall be recoverable by the Central Government from the amount payable under section 8 to the owner of such coal mine, and, the debt due to the Central Government on this account shall rank as an unsecured debt.

(3) If no account is rendered by the owner of a coal mine within the period referred to in sub-section (1) or if the Central Government or the Government company has any reason to believe that the

340

account rendered by such owner is incorrect or false in material particulars, the Central Government or the Government company may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the coal mine during the period referred to in sub-section (1), and take steps to recover the said income from the amount payable to the owner of the coal mine under section 8, as if the debt due to the Central
Government on this account were an unsecured debt.

(4) No mortgage, charge, lien or other incumbrance in relation to a coal mine or any asset thereof shall be binding on the Central
Government or the Government company if such mortgage, charge, lien or other incumbrance was created, at any time during the period in which the Central Government or the Custodian was prevented, by any decree, order or injunction of a court or otherwise, from taking over the management of the said coal mine.

CHAPTER IVMANAGEMENT, ETC., OF COAL MINES

11. Management, etc., of coal mines. (1) The general superintendence, direction, control and management of the affairs and business of a coal mine, the right, title and interest of an owner in relation to which have vested in the Central Government under section
3, shall,–

(a) in the case of a coal mine in relation to which a direction has been made by the Central Government under sub-section (1) of section 5, vest in the Government company specified in such direction, or

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

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

(2) The Central Government may appoint an individual or a
Government company as the Custodian of a coal mine in relation to which no direction has been made by it under sub-section (1) of section 5.341.12.Duty of persons in charge of management of coal mines to deliver allassets, etc.

12. Duty of persons in charge of management of coal mines to deliver all assets, etc. (1) On the vesting of the management of a coal mine in a Government company or on the appointment of a
Custodian, all persons in charge of the management of such coal mine immediately before such vesting or appointment, shall be bound to deliver to the Government company or the Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the coal mine.

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

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

13.Accounts and audit.

13. Accounts and audit. The Custodian of every coal mine shall maintain the accounts of such mine in such manner and under such conditions as may be prescribed.

CHAPTER VPROVISIONS RELATING TO EMPLOYEES OF COAL MINES

1*[14. Liability of officer or other employee of a coal mine for transfer to any other coal mine. Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the services of any officer or other employee employed in a coal mine shall be liable to be transferred to any other coal mine and such transfer shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.]
———————————————————————-
1 Subs. by Act 57 of 1986, s. 14 (w.e.f. 1-5-1973).

342.15.Provident and other funds.

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

(2) The monies which stand transferred, under sub-section (1), to the Central Government or a Government company shall be dealt

343.with by that Government or company, as the case may be, in such manner as may be prescribed.

16.Superannuation fund, etc., to be distributed to employees whoseemployment becomes terminated under this Act.

16. Superannuation fund, etc., to be distributed to employees whose employment becomes terminated under this Act. Where the employment of an employee stands terminated by reason of sub-section
(3) of section 14 and such employee is not employed by the owner of the coal mine in any of his other establishments, such owner shall pay to such employee the amount standing at his credit in the provident fund and also pay him the amounts due to him as superannuation, welfare and other benefits admissible to him as if the employee had superannuated or his service with the coal mine had terminated on the day immediately preceding the specified date.

CHAPTER VICOMMISSIONER OF PAYMENTS

17. Commissioner of Payments to be appointed. (1) For the purpose of disbursing the amounts payable to the owner of each coal mine or group of coal mines, the Central Government shall appoint such person as it may think fit to be the Commissioner of Payments.

(2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the
Commissioner may authorise one or more of such persons to also exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers.

(3) Any person 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 that person directly by this
Act and not by way of authorisation.

(4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the
Consolidated Fund of India.

18.Payment by the Central Government to the Commissioner.

18. Payment by the Central Government to the Commissioner. (1)
The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner for payment to the owner of a coal mine, an amount equal to the amount specified against the coal mine in the Schedule and shall also pay to the Commissioner such sums as may be due to the owner of a coal mine under section 9.344.(2) In addition to the sum referred to in sub-section (1), the
Central Government shall pay, in cash, to the Commissioner, such amount as may become due to the owner of a coal mine in relation to
1*[the period] during which the management of the coal mine remains vested in the Central Government 2*[, and simple interest at the rate of four per cent. per annum on such amount for the period commencing on the 1st day of July, 1975 and ending on the date of payment of such amount to the Commissioner].

(3) A deposit account shall be opened by the Central Government, in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account in the
Public Account of India, and thereafter the said deposit account shall be operated by the Commissioner.

(4) Separate records shall be maintained by the Commissioner in respect of each coal mine in relation to which payments have been made to him under this Act.

(5) Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (3) shall ensure to the benefit of the owners of coal mines 2*[and shall also be payable to the Commissioner in addition to the sum referred to in sub-section
(1)].

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

19.Statement of accounts in respect of the period of management by theCentral
Government, etc.

19. Statement of accounts in respect of the period of management by the Central Government, etc. (1) The Central Government or the
Government company, as the case may be, shall cause the books in relation to each coal mine, the management of which has vested in it under the Coal Mines (Taking Over of Management) Act, 1973 (15 of
1973), to be closed and balanced as on the date immediately before the appointed day, and shall cause a statement of accounts, as on that day, to be prepared, within such time, in such form and in such manner as may be prescribed, in relation to each such mine in respect of the transactions effected by it during the period for which the management of such coal mine remained vested in it:

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

(2) All amounts received by the Central Government or the
Government company after the closure of such accounts shall, where such accounts relate to transactions effected before the appointed day, be included in the said statement of accounts in respect of the coal mine to which the said receipt relates.
———————————————————————-
1 Subs. by Act 22 of 1978, s. 11, for certain words.
2 Ins. by Act 57 of 1956, s. 15 (w.e.f. 1-5-1973).

345.(3) The Central Government or the Government company in which the right, title and interest of coal mine stand vested shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money, due to the coal mine, realised after the appointed day notwithstanding that the realisations pertain to a period prior to the appointed day:

Provided that where such realisations have not been included in the statement of accounts as on the day immediately before the appointed day, a supplementary statement of accounts shall be prepared and furnished, at such intervals as may be prescribed, by the Central
Government or the Government company to the owner of the coal mine.

1*[(4) The liabilities of the coal mine (not being liabilities arising out of advances made by the Central Government or the
Government company), which could not be discharged by the appointed day, may be discharged by the Central Government or the Government company up to the specified date out of the realisations effected before or after the appointed day or out of advances or borrowings made up to the specified date and every payment so made shall be included in the statement of accounts as on the date immediately before the appointed day indicating therein the period in relation to which the payments were made and the payments so made shall not be called in question in any court:

Provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coal mine.]

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

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

(6) The statement of accounts prepared under this section shall be audited by a person who is qualified to be appointed as an auditor of a company under section 226 of the Companies Act, 1956 (1 of
1956), and the auditor so appointed shall receive from the funds of the coal mine, such remuneration as the Central Government may fix.

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

1*[(8) The statement of accounts audited under sub-section (6)
shall, unless the contrary is proved, be conclusive proof in respect of every matter entered therein.

Explanation.--For the purposes of this section, "statement of accounts" means a statement in the form of receipts and payments, and does not include any statement that may be prepared as a result of the closing and balancing of the books for the preparation of the profit and loss account and balance-sheet or any statement prepared in accordance with the normal commercial practice.]

19A.

Validation of certain collections.

3*[19A. Validation of certain collections. (1) Notwithstanding anything contained in section 2, as amended by section 10 of the Coal
Mines Nationalisation Laws
----------------------------------------------------------------------
1 Subs. by Act 57 of 1986, s. 16 (w.e.f. 1-5-1973).
2 Ins. by s. 16, ibid. (w.e.f. 1-5-1973).
3 Ins. by Act 22 of 1978, s. 12.346.(Amendment) Act, 1978 (22 of 1978), any money collected by the
Central Government or the Government company during the period commencing on the appointed day and ending with the date specified under sub-section (3) of section 19 shall be deemed to have been validly collected by the Central Government or the Government company, as the case may be, and any such money shall be applied in accordance with the provisions of section 19.(2) Any money collected as aforesaid shall not be called in question in any court of law.]

20.Claims to be made to the commissioner.

20. Claims to be made to the commissioner. 1*[(1)] Every person having a claim against the owner of a coal mine shall prefer such claim before the Commissioner within thirty days from the specified date:

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

2*[(2) Without prejudice to the provisions of sub-section (1), claims in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coal mine or group of coal mines may be filed on behalf of the persons so employed by the Coal Mines Provident Fund
Commissioner appointed by the Central Government under section 3C of the Coal Mines Provident Fund, Family Pension and Bonus Schemes Act,
1948 (46 of 1948); 3*[and claims in relation to any other matter may be filed on behalf of all or any of the persons so employed or any group of such persons, by any Trade Union, registered under the Trade
Unions Act, 1926 (16 of 1926), or, where no such claim has been filed by any Trade Union, by the Chief Labour Commissioner (Central)
appointed by the Central Government or any officer subordinate to him;] and the claims so made shall be deemed to have been made by the persons having a claim against the owner of a coal mine or group of coal mines:

Provided that no such claim shall be made by the Coal Mines
Provident Fund Commissioner 3*[or the Trade Union or the Chief Labour
Commissioner (Central) or any officer subordinate to him,] in relation to a person who has already made a claim under sub-section (1).]
———————————————————————-
1 Section 20 renumbered as sub-section (1) thereof by Act 41 of
1973, s. 6 (w.e.f. 1-5-1973).
2 Ins. by s. 6, ibid., (w.e.f. 1-5-1973).
3 Ins. by Act 22 of 1978, s. 13 (w.e.f. 1-5-1973).

347.1*[(3) Where any claim, not being a claim which was time-barred on the 31st day of January, 1973, was preferred under sub-section (1)
within the period specified therefor and was rejected merely on the ground that such claim was time-barred, such claim shall be deemed not to have been rejected and the Commissioner shall restore on his file such claim and shall deal with it in the manner specified in section
23.]

21.Priority of claims in relation to arrears of provident fund, etc.

21. Priority of claims in relation to arrears of provident fund, etc. (1) Every person employed by the owner of a coal mine or group of coal mines may make a claim to the Commissioner to the effect that the sums deducted under sub-section (4) of section 7 of the Coal Mines
(Taking Over of Management) Act, 1973 (15 of 1973), are not sufficient to meet fully the amount of arrears due to him, on the appointed day within the meaning of that Act, from the owner of such coal mine or group of coal mines,–

(a) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coal mine or group of coal mines, or

(b) as wages,

and that a sum equal to the deficiency may be recovered from the amount specified in the Schedule against the owner of such coal mine or group of coal mines.

(2) Where a claim is made under sub-section (1), the Commissioner shall determine the extent of the deficiency and shall, after such determination, deduct in the first instance, out of the amount paid to him under section 8, a sum equal to the extent of the deficiency determined by him under this sub-section.

(3) All sums deducted by the Commissioner under sub-section (2)
shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or be paid to the persons to whom such sums are due, and on such credit or payment, the liability of the owner in respect of all the amounts of arrears due as aforesaid shall stand discharged.

(4) The deductions made by the Commissioner under sub-section (2)
shall have priority over all other debts, whether secured or unsecured.

22.Priority in relation to other claims.

22. Priority in relation to other claims. (1) Save as otherwise provided in section 21, every secured debt due from the owner of a coal mine or group of coal mines shall
———————————————————————-
1 Ins. by Act 22 of 1978, s. 13 (w.e.f. 1-11-1975).

348.have priority over all other debts and shall be paid in accordance with the rights and interests of the secured creditors.

(2) Notwithstanding anything contained in any other law for the time being in force, there shall be paid in priority to all other unsecured debts, not being the amounts advanced by the Central
Government or the Custodian appointed under the Coal Mines (Taking
Over of Management) Act, 1973 (15 of 1973), for the management of the coal mine,–

(a) all sums due to the State Government including royalty and dead rent;

(b) all amounts due in respect of any compensation or liability for compensation under the Workmens
Compensation Act, 1923 (8 of 1923), in respect of the death or disablement of any employee of the coal mine unless such mine has, under such contract with insurers as mentioned in 1*[section 14] of the said Act, rights capable of being transferred to and vested in, the workmen; and

(c) all sums deducted by the employer from the salary or wages of any workman or other employee for credit to any provident fund, or any other fund established for the welfare of the employees of the coal mine but not deposited to the credit of the said fund.

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

23.Admission or rejection of claims.

23. Admission or rejection of claims. (1) The Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the Commissioner.

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

(3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursements made by the Commissioner.
———————————————————————-
1 Subs. by Act 38 of 1978, s. 3 and Sch. II, for “section 15″.

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

(5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:–

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document or other material object producible as evidence;

(d) the issuing of any commission for the examination of witness.

(6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter
XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).

1*[(6A) The Commissioner may, on receipt of a claim,--

(a) elect to settle the claim himself; or

(b) transfer the claim for settlement to a person authorised in this behalf under sub-section (2) of section 17; or

(c) withdraw the claim from the person referred to in clause
(b) and either settle the claim himself or transfer it for disposal to any other person who has been authorised in this behalf under sub-section (2) of section 17.]

(7) 2*[A claimant or owner who is dissatisfied with the decision of the Commissioner may prefer an appeal, within a period of sixty days from the date of the decision,] to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the coal mine is situated:
———————————————————————-
1 Ins. by Act 22 of 1978, s. 14 (w.e.f. 27-5-1978).
2 Subs. by s. 14, ibid., for certain words (w.e.f. 27-5-1978).

350

Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High
Court for the State in which the coal mine is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court:

1*[Provided further that any appeal which has not been preferred before the date on which the Coal Mines Nationalisation Laws
(Amendment) Act, 1978 (22 of 1978), receives the assent of the
President, shall be preferred within a period of Sixty days from such date.]

23A.

Application of sections 5 and 12 of the Limitation Act.

2*[23A. Application of sections 5 and 12 of the Limitation Act.
The provisions of sections 5 and 12 of the Limitation Act, 1963 (36.of 1963), shall, so far as may be, apply to appeals under section 23.]

24.Disbursement of money by the Commissioner to claimants.

24. Disbursement of money by the Commissioner to claimants.
Where, after meeting the claims admitted by him, of secured creditirs, and unsecured creditors having priority under sub-section (2) of section 22, the total amount of claims of other unsecured creditors admitted by the Commissioner, does not exceed the total amount of the money credited to the account of a coal mine, every such admitted claim shall be paid in full and the balance, if any, shall be paid to the owner, but where such amount is insufficient to meet in full the total amount of the admitted claims, all such claims shall abate in equal proportions and be paid accordingly.

24A.

Interest on admitted claims.

3*[24A. Interest on admitted claims. Notwithstanding any award, decree or order of any court, tribunal or other authority, passed before the appointed day, in relation to any coal mine, where any amount is payable in respect of a claim admitted under this Act, the interest payable on such amount for any period after the appointed day shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the Commissioner under section 18.]

25.Recovery of excess payments made by Central Government or Custodian.

4*[25. Recovery of excess payments made by Central Government or
Custodian. Any amount in excess of payments over receipts in the statement of accounts prepared under section 19 shall be deemed to be an amount advanced by the Central Government or the Custodian, as the case may be, for the management of a coal mine during the period in which the management of such coal mine remained vested in the Central
Government and the Central Government may make a claim to the
Commissioner for such excess payment and such claim shall have priority over the claims of all other unsecured creditors of the coal mine, including those referred to in sub-section (2) of section 22.Explanation.--In this section. "Custodian" means the Custodian appointed under the Coal Mines (Taking Over of Management) Act, 1973.(15 of 1973).]
———————————————————————-
1 Ins. by Act 22 of 1978, s. 14 (w.e.f. 27-5-1978).
2 Ins. by s. 15, ibid., (w.e.f. 27-5-1978).
3 Ins. by s. 16, ibid. (w.e.f. 1-5-1973).
4 Subs. by Act 57 of 1986, s. 17 (w.e.f. 1-5-1973).

351.25A.

Notice to owners of coal mines and managing contractors, etc.

1*[25A. Notice to owners of coal mines and managing contractors, etc. (1) After meeting the liabilities of persons whose claims have been admitted under this act, the Commissioner shall notify, in such manner as he may think fit, the amount of money available with him and specify in such notification a date within which the owners of the coal mines, the managing contractors and the owners of any machinery, equipment or other property which has vested in the Central Government or a Government company under this Act and which does not belong to the owners of the coal mines may apply to him for payment.

(2) Where any application is made under sub-section (1), the
Commissioner shall, after satisfying himself as to the right of the applicant to receive the whole or any part of the amount, pay the amount to the person concerned and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount, the Commissioner shall deal with the application in the manner specified in sub-section (2) of section 26.]

26.Disbursement of amounts to the owners of coal mines.

26. Disbursement of amounts to the owners of coal mines. (1) If out of the monies paid to him in relation to a coal mine or group of coal mines specified in the second column of the Schedule, there is a balance left after meeting the liabilities of all the secured and unsecured creditors, the Commissioner shall disburse such balance to the owner of such coal mine or group of coal mines.

(2) Before making any payment to the owner of any coal mine or group of coal mines under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount, referred to in sections 8 and 9, the Commissioner
———————————————————————-
1 Ins. by Act 22 of 1978, s. 17 (w.e.f. 27-5-1978).

352.shall refer the matter to the court and make the disbursement in accordance with the decision of the court.

(3) For the removal of doubts, it is hereby declared that the entries in the fourth column of the Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to any coal mine specified in the corresponding entires in the second column of the Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such coal mine.

(4) In relation to a coal mine the operations of which were, immediately before the taking over of the management of such coal mine under the Coal Mines (Taking Over of Management) Act, 1973 (15 of
1973), under the control of a managing contractor, the amount specified in the fifth column of the Schedule against such coal mine shall be apportioned between the owner of the coal mine and such managing contractor in such proportions as may be agreed upon by or between the owner and such managing contractor, and in the event of there being no such agreement, in such proportions as may be determined by the court on a reference made to it by the Commissioner.

(5) Where any machinery, equipment or other property in a coal mine has vested in the Central Government or a Government company under this Act, but such machinery, equipment or other property does not belong to the owner of such coal mine, the amount specified in the fifth column of the Schedule against such coal mine shall, on a reference made to it by the Commissioner, be apportioned by the court between the owner of such coal mine and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day.

1*[(6) Where the amount specified in the fifth column of the
Schedule is relatable to a group of coal mines, the Commissioner shall have power to apportion such amount among the owners of such group, and in making such apportionment, the Commissioner shall have regard to the highest annual production in the coal mine during the three years immediately preceding the appointed day.]

Explanation.–In this section, “court”, in relation to a coal mine, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the coal mine is situated.

27.Undisbursed or unclaimed amounts to be deposited to the generalrevenue account.

27. Undisbursed of unclaimed amounts to be deposited to the general revenue account. Any money paid to the Commissioner which remains undisbursed or unclaimed for a period of 2*[three years from the day on which the last order for disbursement was made], shall be transferred by the Commissioner to the general revenue account of the
Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to
———————————————————————-
1 Ins. by Act 57 of 1986, s. 18 (w.e.f. 1-5-1973).
2 Subs. by Act 22 of 1978, s. 18, for certain words (w.e.f. 27-5-
1978).

353.such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue.

CHAPTER VIIMISCELLANEOUS

28. Effect of this Act on other laws. The provisions of this Act 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 law other than this Act, or in any decree or order of any court, tribunal or other authority.

29.Contracts to cease to have effect unless ratified by Government.

29. Contracts to cease to have effect unless ratified by
Government. (1) Every contract entered into by the owner or occupier of any coal mine for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and twenty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government and in ratifying such contract the Central Government may make such alterations or modifications therein as it may think fit:

Provided that the Central Government shall not omit to ratify a contract unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the coal mine.

(2) The Central Government shall not omit to ratify a contract or make any alteration or modification therein except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract.

30.

Penalties.

30. Penalties. 1*[(1)] Any person who,–

(a) having in his possession, custody or control any property forming part of the undertaking of any coal mine referred to in the Schedule wrongfully withholds such property from the Central Government or the
Government company, or
———————————————————————-
1 S. 30 was renumbered as sub-section (1) of that section by Act 67.of 1976, s. 4 (w.e.f. 27-5-1976).

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

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

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

1*[(2) Any person who engages, or causes any other person to be engaged, in winning or mining coal from the whole or part of any land in respect of which no valid prospecting licence or mining lease or sub-lease is in force, shall be punishable 2*[with imprisonment for a term which may extend to three years and also with fine which may extend to twenty thousand rupees.].]

31.Offences by companies.

31. 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 the conduct of the 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 or 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 any
———————————————————————-
1 Ins. by Act 67 of 1976, s. 4 (w.e.f. 27-5-1976).
2 Subs. by Act 22 of 1978, s. 19, for certain words (w.e.f. 27-5-
1978).

355.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.

Explanation.–For the purposes of this section,–

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

(b) “director”, in relation to a firm, means a partner in the firm.

32.Mining companies not to be wound up by the court.

32. Mining companies not to be wound up by the court. No proceeding for the winding up of a mining company, the right, title and interest in relation to the coal mine owned by which have vested in the Central Government or a Government company under this Act or for the appointment of a receiver in respect of the business of the company, shall lie in any court except with the consent of the Central
Government.

33.Delegation of powers.

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

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

34.Power to make rules,

34. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

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

(a) the manner in which the coal mine shall be managed by a
Government company or a Custodian;

(b) the manner in which monies in any provident or other fund referred to in section 15 shall be dealt with;

(c) the form and manner in which the statement of accounts referred to in section 19 shall be prepared;

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

356.(3) Every rule made by the Central Government under this Act 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 successive sessions aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

35.Power to remove difficulties.

35. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the appointed day.

SCHE

See sections 3, 8 and 18.THE SCHEDULE

(See sections 3, 8 and 18)

———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
ASSAM

Jeypore Coalfield

1. Bimalpore Post Office Bimal pore Collieries 4,000
Sibsagar Limited, Post Office
Sibsagar.

2. Dilli Post Office Dilli Collieries Associa- 4,000
Banhat, Sib- tion Limited, Post sagar. Office Tinsukia.

3. Jeypore Post Office Jeypore Collieries (Private) 75,000
Namrup Limited, Post office
Namrup.

Makum Coalfield, Lakhimpur

4. Baragolai Post Office Assam Railways and *48,84,000
Baragolai Trading Company
Limited, Margherita.
———————————————————————-
*This amount inculudes the amount payable in respect of coal mines specified against Sl. Nos. 5 and 7.357.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
5. Ledo Post Office Ledo Assam Railways and Amount included
Trading Company in the amount
Limited, Margh- specified ag-
erita. ainst Sl.
No. 4.6. Namdang Post Office Ba- Assam Railways and 4,000
ragolai Trading Company
Limited, Margh-
erita.

7. Tipong Post Office Ledo Assam Railways and Amount included
Trading Company in the amount
Limited, Margh- specified ag-
erita. ainst Sl. No.4.Mikir Coalfield

8. Koilajan Post Office Koi- Koilajan Collieri- 38,000
lajan es Limited, Post
Office Dimapur, Naga Hills.

9. Seelvata Post Office Dip- Hira Padda Diapli 4,000
hu, District Dutta, Shillong.
Mikir Hills.

BIHAR

Daltonganj Hutar Coalfield, Palamau

10. Hutar Post Office Hutar Sone Valley Portl- 2,98,000
Colliery. and Cement Compa-
ny Limited, Post
Office Japla, Pa-
lamau.

11. Jagaldaga Post Office Late- Shri S. K. Dutta, 4,000
har, Palamau. 23/P/IA, Manick-
tola Main Road, Calcutta-54.12. Rajhara Post Office Raj- Ram Saran Das & Br- 6,67,000
hara Colliery. others, 18, Net-
aji Subhas Road, Calcutta-1.East Bokaro Coalfield, Hazaribagh

13. East Post Office Pic- East Bokaro Collier- 15,000
Bokaro chri ies Company
(Private) Limited, Post Office Pichri.
———————————————————————-

358.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
14. New Selec- Post Office Ber- Gopal N. Singh Kri- 4,80,000
ted Dhori. mo shna N. Singh, Govind N. Singh, Shyam N. Singh, Girdher N. Singh.

Nominated Owner;

Shri Bhuneshwar
Goswami, Post Off-
ice Bermo, Hazari-
bagh.

15. Pure Dhori Post Office Pure Dhori Colliery 29,200
Tantri Company, Post Off-
ice Tantri, Hazaribagh.

16. Selected Post Office Vaydanji J-Dave, 1,73,000
Kargali Pichri Post Office Box
8, Jharia.

Hurrah Coalfield (Santhal Pargana)

17. Hurrah Fulberia, Post Ideal Mining Combine, 5,000
Block IA Office Mahagama Post Office Mahagama, District Santhal
Pargana.

18. Hurrah Post Office Dwarka Prasad Marwari, 4,000
Block IB Mahagama Post Office Mahagama, District Santhal Pargana.

19. Bergo Post Office Khudiram Seal, Post 4,000
Denro Office Dhanro (San-
(Santhal thal Pargana).
Pargana).

20. Churi Jil- Post Office Godda Fulchand Ram, Post Office 4,000
wari Godda (Santhal Pargana).

21. Lalmatia Post Office Messrs. S. P. Coal Enter- 18,000
Mahagama prises, Post Office
Mahagama, District
Santhal Pargana.

22. Paharpur Post Office S. P. Coal Enterprises, 7,000
Mahagama Post Office Mahagama
(Santhal Pargana).

23. Pauls Ch- Post Office Paul Brothers, Post 4,000
ilgo Amrapara (Sa- Office Jamtara nthal Pargana). (Santhal Par-
gana).

24. Simlong Post Office H. N. Bhagar, Post 4,000
Dhamni Office Barhait (San-
thal Pargana).

Jainty Coalfields (Santhal Pargana)

25. Bhawanipur Post Office Sidheswari Prasad, N, 13,000
Chitra Deo, Post Office
Chitra, Santhal
Pargona.
———————————————————————-

359.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
26. Central Post Office M. N. Singh and S. S. 15,000
Saharpuri Chitra Singh, Post Office
Chitra (Santhal
Pargana).

27. Chatkam Post Office H. N. Bhagat, Post 4,000
Dhamni (San- Office Barhait thal Pargana.) (Santhal Pargana).

28. Chitra Ce- Post Office B. N. Mandal and 7,000
ntral Chitra Company, Post Office
Chitra (Santhal Para-
gana).

29. East Dama- Post Office R. N. Singh, Post Office 15,000
gorah Kukraha Saroth.

30. Gandharb Shri Tibriwal, Post 4,000
Office Deoghar (Sant-
hal Pargana).

31. Girija Post Office Shri M. K. Singh, Post 4,000
Chitra Office Chitra (San-
thal Pargana).

32. Haripur Post Office Purushottam Das, Post 4,000
Mahagama Office Mahagama (Sa-
nthal Pargana).

33. Harinsi- Village and Biswanath Himathsingha, 4,000
ngha (Coal pit) Post Office Village and Post Off-
Dumka (Sant- ice Dumka (Santhal hal Pargana). Pargana).

34. Jayanti Ce- Shri O. P. Santhalia, 16, 54,000
ntral India Exchange Place, Calcutta-1.35. Jayanti Shri Saligram Prasad 4,000
Khas Singh, Post Office
Madhupur.

36. Jilwari Shri Jagannath Prasad 4,000
No. 7 Bhagat, Post Office
Saraunri.

37. Mondals Post Office C. C. Mondal, Post 15,000
Damgora Chitra (San- Office Dishergarh, East Sec. thal Paraga- Burdwan.
na).

38. Mondal,s Post Office A. K. Bhaduri, Post Off- 4,000
Damgora Chitra (san- ice Chitra (Santhal
West. thal Pargana). Pargana).

39. North Saha- Shri A. P. Singh 7,000
rjuri and Others, post
Office Kukraha.

40. Patrika Post Office Shri N. K. Singh, 6,000
Chitra Post Office Chitra
(Santhal Pargana).
———————————————————————-

360

———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
41. Pulberia Shri M. P. Marwari, Post 5,000
Office Mahajama.

42. Saharjuri Post Office M. G. Mishra, Post Office 17,000
Kukraha Kukraha.

43. Tarabad Post Office Sri Durga Jamjuri Coal 4,000
Bootbari T. K. Gram Company (Private) Limi-
ted, Post Office Barakar
District Burdwan.

44. Tulsi Dabor Post Office Nalini Kumar Singh, 19,000
Chitra Post Office Chitra
(Santhal Pargana).

. Jharia Coalfield

45. Agarwal Post Office Agarwalla Godhur Coal 95,000
Godhur Kusunda Company, Post Office
Kusunda, Dhanbad.

46. Baramessia Post Office Thakur Rama Avtar Singh 49,000
Sikarich- Tundoo Post Office Tundoo, uck. Dhanbad.

47. Baherabera Post Office Thakur Gupteswar Pra- 45,000
Chuck Tundoo sad Singh, Post Office
Tundoo, Dhanbad.

48. Barwabera Post Office B. Trigunaiand Brothers, 73,000
Nawagarh Post Office Nawagarh.
Dhanbad.

49. Barora Post Office Barora Coal Concern, 4,26,000
Nawagarh Post Office Nawagarh, Dhanbad.

50. Bastacolla Post Office Bastacolla Coal Company 23,32,000
Dhansar Limited, Post Office
Dhansar, Dhanbad.

51. Basudev A Post Office A. B. Jugdutt and Com- 9,000
(Narayan Khas Jingora. pany, Jharia.
Seam).

52. Bera Colli- Post Office Bera Colliery Company, 12,28,000
ery Jharia Post Office Jharia.

53. Bright Post Office Bright Kusunda Colliery 4,000
Kusunda Dhansar Company, Post Office
Dhansar, Dhanbad.

54. Bright Post Office Seth Jharumal, Post 18,000
Tasra Sindri Office Sindri, Dhanbad.

55. Basudev A Post Office R. B. Jugdutt and Com- 17,000
Khas Jeenagora. pany, Jharia.
———————————————————————-

361.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
56. Banerjees Post Office S. B. Banerjee and sons, 4,000
Dobary Jharia Post Office Jharia.

57. Central Post Office Shyamlal Sunda and Com- 41,000
Ganeshpur Nawagarh pany, Post Office Nawa-
garh, Dhanbad.

58. Central Post Office Narsingh Harji, Post Off- 2,88,000
Kendwadih Nawagarh ice Nawagarh, Dhanbad.

59. Central Post Office Bhairobux Agarwalla, Post 80,000
Kessurgarh Nawagarh Office Nawagarh, Dhanbad.

60. Central Post Office K. K. Chandra and Brothers, 76,000
Baihardih Katrasgarh Post Office Katrasgarh.

61. Central Post Office Srimati Manjula Devi, 4,000
Sinidih Tundoo Post Office Tundoo.

62. Central Post Office Srimati, Jyotsna Devi, 44,000
Golukdih Jharia “Nilachal”,post Office
Sitarampur, Burdwan.

63. Central Post Office Srimati Jayanti Devi, Post 42,000
Dobary Jharia Office Jharia, Dhanbad.

64. Central Post Office Moolji N. Cholia, Post 1,01,000
Keshalpur Katrasgarh Office Katrasgarh, Dhan-
bad.

65. Central Post Office Central Godhur Colliery 42,000
Godhur Kusunda Company, Post Office
Kusunda, Dhanbad.

66. Central Post Office Paul Brothers, Post Office 49,000
Jayramdih Nawagarh Nawagarh, Dhanbad.

67. Central Post Office Central Tasra Coal Comp- 52,000
Tasra Sindri any Limited, Post Office
Jharia, Dhanbad.

68. Central Post Office Central Angarpathra Coll- 99,000
Angar- Sijua iery Company, Post Office pathra Sijua, Dhanbad.

69. Central Post Office Khas Sijua Coal Company 1,13,000
Bansjora Sijua (Private)Limited, Post
Office Jharia, Dhanbad.

70. Chandore Post Office R. N. Singh and Others, 67,000
Katrasgarh Post Office Katrasgarh.

71. Chandore Post Office D. P. Agarwalla, Jharia, 16,000
Sijua Dhanbad.
———————————————————————-

362.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
72. Central Post Office Purushottampur Colliery 4,98,000
Sulunga Khas Jeenagora. Company (Private) Limi-
ted, Post Office Jharia, Dhanbad.

73. Central Srimati Jyotsna Devi Post 4,000
Chandore Office Jharia, Dhanbad.

74. Damra Khas Post Office Sheikh Brothers and Com- 56,000
Nawagarh pany, Post Office Nawa-
garh, Dhanbad.

75. Damra Pin- Post Office Lala Mohinder Paul, Post 35,000
algoria Nawagarh Office Nawagarh, Dhanbad.

76. Diamond Post Office Shyama Coal Company, Post 63,000
Phulari- Kharkharee Office Kharkharee.
tand.

77. Dhansar Post Office Pure Dhansar Coal Company 3,18,000
Dhansar Post Office Dhansar, Dhanbad.

78. Dhansar, Post Office Dhansar Coal Company (Pr- 2,84,000
NBH Dhansar ivate) Limited, Post
Office Dhansar, Dhanbad.

79. East Ben- Post Office East Bengal Coal Concern 1,09,000
edih Nawagarh (Private) Limited, Post
Office Nawagarh, Dhanbad.

80. East Dha- Post Office East Dharmaband Colliery 22,000
rmaband Nawagarh Company, Post Office
Nawagarh, Dhanbad.

81. East Khas Post Office East Khas Baihardih Coal 1,00,000
Baihardih. Tundoo Company, Post Office
Tundoo.

82. East Man- Post Office Bharat Coal Company, 55,000
dra Nawagarh Post Office Nawagarh, Dhanbad.

83. East Bas- Post Office East Bastacolla Colliery 1,32,000
tacolla Dhansar Company, Post Office
Jharia, Dhanbad.

84. East Bus- Post Office East Busseriya Colliery 10,08,000
seriya Khusunda Comapany (Private) Limi-
ted, Shanti Bhawan, Dhanbad.

85. East Sini- Post Office P. Chanchani and comapany 60,000
dih Tundoo (Private) Limited, Post
Office Tundoo.
———————————————————————-

363.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
86. East Kuj- Post Office East Kujama Collliery Com- 43,000
ama Jharia pany, Post Office Sijua, Dhanbad.

87. East Kes- Post Office Shri Baijnath Chowdhury 40,000
halpur Katrasgarh and Others, Post Office
Katrasgarh, Dhanbad.

88. East Ken- Post Office East Kendwadih Coal Com- 43,000
dwadih Dhansar pany Limited, Kusunda.

89. East Loh- Post Office East Murulidih Coal Com- 1,48,000
abati Ramnagargarh. pany (Private) Limited, Post Office Jharia, Dhanbad.

90. East Tet- Post Office East Tetulmari Colliery 4,000
ulmari Sijua Company Limited, Sijua.

91. East Mur- Post Office P.K. Lalla, Post Office 4,000
ulidih Mohuda Kharkharee, District
Dhanbad.

92. East God- Post Office East Godhur Colliery Com- 4,000
hur Kusunda pany (Private) Limited, Post Office Dhanbad.

93. Golden Post Office Salunga Collieries (Priv- 7,64,000
Jeenagora Khas Jeenagora. ate) Limited, Post Office
Dhanbad.

94. Ghutway Post Office Ghutway Colliery Company, 4,000
Karamtand. Dugda, District Hazaribagh.

95. Golden Post Office Hit Nayayan Singh, Post 9,000
Sinidih Tundoo Office Tundoo Dhanbad.

96. Ideal Kesh- Post Office Ideal Keshalpur Colliery 39,000
alpur Katrasgarh. Company, Post Office
Katrasgarh.

97. Jogidih Post Office P. K. Lalla and Brothers, 68,000
Tundoo Post Office Tundoo, Dhanbad.

98. Joyramdih Post Office Joyramdih Coal Company, *2,42,000
Nudhurkee Post Office Nudkhurkee, Dhanbad.
———————————————————————-
* This amount includes the amount payable in respect of coal mines specified against Sl. Nos. 156 and 210.364.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
99. Kendwadih Post Office B. N. Mondal and Company 55,000
(Mondal). Nawagarh Post Office Nawagarh, Dhanbad.

100. Khas Mur- Post Office U. N. Lala, Post Office 4,000
aidih Tundoo Tundoo, Dhanbad.

101. Khas Sini- Post Office Gyan Chand Sunda and 75,000
dih Nawagarh Company, Jharia.

102. Khodo Post Office Jiwanlala Sunda, Jora 60,000
Valley Nawagarh Phatak, Dhanbad.

103. Khas Ban- Post Office Khas Bansjora Colliery 1,70,000
sjora Bansjora Company, Post Office
Bansjora, Dhanbad.

104. Khas Bah- Post Office Khas Bahiardih Coal 33,000
iardih. Tundoo. Company, Post Office
Tundoo.

105. Katras Post Office Shrimati Kashibai, Post 96,000
New Katrasgarh Office Katrasgarh.

106. Kuya and Post Office Kuya Colliery Company 4,33,000
Khas Kuya. Jharia (Private) Limited, Post Office Jharia, Dhanbad.

107. Khas Katr- Post Office Mustafi and Company, 20,000
asgarh Katrasgarh Post Office Katrasbazar, Dhanbad.

108. Khas Go- Post Office Khas Godhur Coal Company 48,000
dhur Kusunda Post Office Kusunda.

109. Khas Kus- Post Office Khas Kusunda Coal Company 3,25,000
unda Kusunda (Private) Limited 40, Strand Road, Calcutta-1.110. Karmatand Post Office Sri Ram Coal Company, 1,63,000
Karmatand Post Office Karmatand.

111. Khas Joy- Post Office Khas Joyramdih Colliery *1,12,000
ramdih Nawagarh Company, Post Office
Nawagarh, Dhanbad.

112. Khas Mati- Post Office Khas Matigora Colliery 4,000
gora Nudkhurkee. Company, Post Office
Nudkhurkee, Dhanbad.
———————————————————————-
* This amount includes the amount payable in respect of coal mine specified against Sl. No. 148.365.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
113. Kalisthan Post Office Kalisthan Angarpathra Coal 43,000
Angarpat- Katrasgarh Company, Post Office hra. Katrasgarh, Dhanbad.

114. Khas Sijua Post Office Khas Sijua Coal Company 5,42,000
Sijua (Private) Limited, Post
Office Jharia, Dhanbad.

115. Khas Kan- Post Office Nasib Singh, Constituted 4,000
dra Sindri Attorney (Owner-Sukla, Chandra Prava Debi and
Sons, Post Office Sindri).

116. Khas Pan- Post Office The Khas Pandedih Colliery 4,000
dedih Sijua Company, Post Office
Sijua, Dhanbad.

117. Keshalpur Post Office Seo Shankar bole, Post 4,000
Katrasgarh Office Jharia, Dhanbad.

118. Liberty Post Office Agarwal Mining Company 1,18,000
Jharia (Private) Limited, Post
Office Jharia, Dhanbad.

119. Laxmi Post Office L. B. Singh and Company 4,000
Salanpur Katrasgarh Post Office Katrasgarh, Dhanbad.
120. Mandra Post Office Bijoy Narain Singh and 35,000
South Katrasgarh Jagdeo Prasad Singh, Barora. Post Office Katrasgarh, Dhanbad.

121. Model Mur- Post Office R. K. Pandey, Post Office 6,000
aidih Nawagarh Nawagarh, Dhanbad.

122. Manaitand Post Office Manaitand Colliery Company 1,11,000
Dhanbad Post Office Dhansar, Dhanbad.

123. Majhlitand Post Office Sri Pritish Lalla, Post 51,000
Tundoo Office Tundoo.

124. Model Joy- Post Office Paul Brothers, Post Office 4,000
ramdih Nawagarh Nawagarh, Dhanbad.

125. Model Ang- Post Office B. L. Agarwalla, Post 1,10,000
arpathra. Sijua Office Govindpur, Dhanbad.

126. Modern Su- Post Office Modern Sudmadih Colliery 4,000
damdih. Pathardih Company, Post Office
Pathardih, Dhanbad.
———————————————————————-

366.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
127. New Kend- Post Office K.P. Lall and Sons, Post 49,000
wadih Nawagarh Office Nawagarth, Dhan-
bad.

128. New Mur- Post Office Messrs. Kamalendu and 4,000
aidih. Kharkharee Subhendu Banerjee, 420, Shyamukun Street, Calcutta.

129. North and Post Office Kaluram Heliwal, Post 4,000
Khas Nawagarh Office Nawagarh, Dhan-
Muraidih bad.

130. Norht Bar- Post Office North Baramossia Coal 60,000
amossia Tundoo Company, Post Office
Dhansar, Dhanbad.

131. North Tun- Post Office R. L. Aggarwala, Post 4,000.
ndoo Khas Katrasgarh Office Katrasgarh.

132. North Bhu- Post Office Srimati Narmada Bala 1,29,000
ggatdih Dhansar Gupta, Sri Dina Nath
Agarwal and Bansdo Prasad
Agarwala, Post Office
Jharia, Dhanbad.

133. Nichirpur Post Office Nichirpur Coal Company 3,03,000
Bansjora (Private) Limited, 7, Manoharpukar Road, Calcutta-26.134. North Sin- Post Office Sankariall Kejrilall, 1,65,000
idih Tundoo Post Office Jharia, Dhanbad.

135. New Gol- Post Office Biswanath Agarwalla, Post 14,000
akdih. Govindpur Office Govindpur, Dhan-
bad.

136. North Go- Post Baliapu Krishanlall Rajnelall, 1,41,000
lukdih Post Office Baliapur, Dhanbad.

137. Narayanpur Post Office Srimati Naraini Devi, Post 1,38,000
Katrasgarh Office Katrasgarh.

138. North Aka- Post Office Khimji Dossa and Company, 2,17,000
shkinari Katrasgarh Post Office Katrasgarh, Dhanbad.

139. North Dh- Post Office Kunverji Kalyanji, Post 44,000
armaland. Katrasgarh Office Katrasgarh, Dhanbad.

140. North Ten- Post Office Debram Ramji, Post Office 3,26,000
tuliya. Katrasgarh Katrasgarh.
———————————————————————-

367.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
141. North Post Office Sahana Coal 1,44,000
Dobari. Jharia Company, Post
Office Jharia, Dhanbad.

142. North and Post Office North and West 6,64,000
West Jharia Ghanuadih Colliery
Granuadih. Company, Post
Office Jharia, Dhanbad.

143. New Katras. Post Office New Katras Coal 41,000
Katrasgarh Company, Post
Office Ktras-
Garh, Dhanbad.

144. New Salanpur Post Office Madhu Lachman and 6,000
Katrasgarh Sons, Post Office
Katrasgarh.

145. North Kesha- Post Office North Keshaipur 12,35,000
lpur Kattrasgarh Colliery Company
Private Limited, Post Office Kusunda, Dhanbad.

146. North Godhu Post Office North Godhur Colliery 4,000
Kusunda Company, Post Office
Kusunda, Dhanbad.

147. North Loya- Post Office North Loyabad Coal 3,89,000
bad. Bansjora Company, Post Office
Bansjora, Dhanbad.

148. North Kessur- Post Office Nandalall Shaha and Amount garh. Nudkhurhee. Others, Post Office included in
Nawagarh. the amount specified against Sl.
No. III.

149. Nudkhurkee Post Office M. B. Roy and Bro- 3,57,000
Nudkhurkee. thers, Post Office
Nudhurkee.

150. National Post Office Kailash Ram Khanna, 13,000
Tasra. Sindri Post Office Sindri, Dhanbad.

151. New Angarp- Post Office New Angarpathra Coll- 1,08,000
athra Katrasgarh iery Company, Post
Office Katrasgarh.

152. New Pandedih Post Office New Pandedih Colliery 10,000
Sijua Company, Post Office
Jharia.

153. North & North Post Office North Angarpathra Coal 72,000
East Angarp- Katrasgarh. Company, Post Office athra. Katrasgarh, Dhanbad.
———————————————————————-

368.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
154. North Tetul- Post Office North Tetulmari 8,89,000
mari . Sijua Colliery Company, Post Office Sijua, Dhanbad.

155. New Busserya .Post Office New Busserya Coal Company 11,000
Bansjora ,Post Office Sijua, Dhanbad.

156. New Joyra-. Post Office Ajit Kumar Chanda, Post Amount mdih Nudkhurkee. Office Nudkhurkeee. included in the amount specified against
Sl. No.
98.157. North Gondu- Post Office North Gondudih Colliery 4,000
dih . Kusunda Company, Post Office
Kusunda.

158. New Aukland Post Office Sri Sankar Sen, Post 4,000
Colliery. Nudkhurkee. Office Nudkhurkee, Dhanbad.

159. New Dobary . Post Office New Dobary Coal Company 4,000
Jharia Post Office Jharia, Dhanbad.

160. New Phularit- Post Office New Phularitand Colliery 4,000
and Nawagarh Company, Post Office
Nawagarh, Dhanbad.

161. New Kunji . Post Office Mrs. B. Kaul, Tower 4,000
Mohuda House, Dhanbad.

162. New Tasra . Post Office New Tasra Coal Company, 4,000
Sindri Post Office Jharia, Dhanbad.

163. Pure Barora . Post Office N. Sahai, Post Office 1,60,000
Nawagarh Nawagarh, Dhanbad.

164. Pure Benedih. Post Office Doaba Coal Company 11,000
Nawagarh (Private) Limited, Sunda House, Joraphatak Road, Dhanbad.

165. Pure Dharma- Post Office B.N. Jagdeo Prasad 17,000
band Katrasgarh Singh, Post Office
Katrasgarh, Dhanbad.

166. Pure Ganesh- Post Office Pure Ganeshpur Colliery 1,14,000
pur. Nawagarh Company, Post Office
Jharia, Dhanbad.
———————————————————————-

369.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
167. Pure Nichit-. Post Office Pure Nichitpur Colliery 58,000
pur Bansjora Company, Post Office
Bansjora, Dhanbad.

168. Pure Sinidih .Post Office Thakur Ram Avtar Singh, 4,000
Tundoo Post Office, Tundoo, Dhanbad.

169. Pure Suder- Post Office Thakur G.P. Singh, Post 30,000
aidih . Tundoo Office Tundoo, Dhanbad.

170. Pure Selected Post Office Pure Selected Golakdih 93,000
Golakdih. Jharia Colliery Company, Post
Office Jharia, Dhanbad.

171. Pure Bhuggat- Post Office Pure Bhuggatdih Coll- 1,05,000
dih Jharia iery Company, Post
Office Jharia, Dhanbad.

172. Pure Salanpur.Post Office G.V. Modi (Receiver), 44,000
Katrasgarh Post Office Jharia.

173. Pinalgoria. Post Office East Kessurgarh Colliery 26,000
Nawagarh Company, Post Office
Nawagarh.

174. Pure Damoda. Post Office Pandit Ram Bhaju Upa- 2,10,000
Nudkhurkee. dhya and Company, Post Office Nudkhu-
rkee.

175. Pure Joyra- Post Office Pure Joyramdih Colliery 1,24,000
mdih Nudkhurkee. Company, Post Office
Nudkhurkee, Dhanbad.

176. Pure Selected Post Office H.C. Bhutani, Post 4,56,000
Bansjora. Sijua Office Sijua, Dhanbad.

177. Pure Selected Post Office Pure Selected Tetulmari 45,000
Tetulmari. Sijua Colliery Company Limi-
ted, Post Office Sijua, Dhanbad.

178. Pure Golak- Post Office Pure Golakdih Coal Com- 80,000
dih Jharia pany, Post Office
Jharia, Dhanbad.

179. Pathergoria. Post Office Bharat Mining Corporation, 4,000
Mohuda 9, Old Court House
Street, Calcutta.

180. Pure Bans- Post Office Madanlal Baswatia, Post 4,000
jora Sijua Office Jharia, Dhanbad.
———————————————————————-

370

———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
181. Pure Chandore. The West Chandore 4,000
Colliery Company, Post Office Jharia, Dhanbad.

182. Ramgarh Jha- Post Office Ramgarh Jharia Colliery 1,64,000
ria Karmatand Company, Post Office
Karmatand, Dhanbad.

183. Royal Tisra . Post Office Royal Tisra Colliery Com- 50,000
Jharia pany, Post Office Jharia, Dhanbad.

184. Real Suda- Post Office Madhab Sinha, Post Office 4,000
mdih Pathardih Pathardih.

185. Selected Post Office Selected Mandra Colliery 18,000
Mandra Nawagarh Company, Post Office
Nawagarh.

186. Selected Post Office Selected Muraidih Coll- 22,000
Muraidih Nawagarh iery Company, Jiwan
Sadan, Dhanbad.

187. South Barora Post Office D.P. Lall and Sons, 2,97,000
Nawagarh Post Office Nawagarh, Dhanbad.

188. Selected Post Office Selected Govindpur Coal 42,000
Govindpur Katrasgarh Concern, Post Office
Katrasgarh, Dhanbad.

189. Selected Post Office Selected Keshalpur Coll- 4,000
Keshalpur Katrasgarh iery Company, Post
Office Katrasgarh, Dhanbad.

190. Selected Post Office Selected Godhur Coal 91,000
Godhur Kusunda Company, Post Office
Kusunda, Dhanbad.

191. Sri Godhur Post Office Katasaria Coal Company 35,000
Kusunda (Private) Limited, Post Office Jharia, Dhanbad.

192. South Loy- Post Office South Loyabad Coal Com- 21,000
abad Bansjora pany Post Office
Bansjora, Dhanbad.

193. Selected Post Office Selected Sudamdih Coll- 41,000
Sudamdih. Sindri iery Company, Post
Institute Office Sindri Institute, Dhanbad.

194. Selected Post Office Selected Jogta Coal Com- 4,000
Jogta . Jharia pany (Private) Limited, Post Office Jharia, Dhanbad.
———————————————————————-

371.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
195. South Murai- Post Office South Muraidih Colliery 6,000
dih Katrasgarh Company, Post Office
Katrasgarh, Dhanbad.

196. Sudreadih . . Post Office Sunda Shamlal, Post 4,000
Nudkhurkee. Office Nawagarh.

197. Selected Post Office Selected Ghanuadih Coll- 4,000
Ghanuadih. Jharia iery Company, Post
Office Jharia, Dhanbad.

198. Selected Post Office Selected Joyrampur Coll- 4,000
Joyrampur. Jharia iery Company, Ananda
Bhavan, Post Office
Jharia.

199. South Jamd- . Post Office Natwarlal Shamaldas and 4,000
iha Nudkhurkee. Company, Post Office
Nudkhurkee.

200. Sree Jagan- Post Office North Baramessia Colliery 4,000
nath Tundoo Company Limited, Ashok
Bagan, Post Office
Dhanbad.

201. Upper Mandra Post Office Upper Mandra Colliery 92,000
Nawagarh Company, Post Office
Nawagarh, Dhanbad.

202. Upper Jeen- Post Office G.S. Atwal, 243, Sector, 4,000
agora jeenagora 9/C, Chandigarh.

203. Upper Jharia Post Office Upper Jharia Colliery Com – 4,000
Jharia. pany, Post Office
Jharia, Dhanbad.

204. Victory . . Post Office United Mining Company 9,17,000
Dhansar Limited, Post Office
Jharia, Dhanbad.

205. West Phular- Post Office West Phularitand Colliery 55,000
itand Nawagarh Company, Post Office
Jharia, Dhanbad.

206. West Jogidih Post Office Bihar National Coal Com- 39,000
Katrasgarh pany, Post Office
Katrasgarh.

207. West Katras .Post Office N.K. Bose and Brothers, 1,22,000
Katrasgarh West Katras Colliery, Post Office Katrasgarh.

208. West Koil- Post Office West Koiludih Colliery 1,08,000
udih Katrasgarh Company, Post Office
Katrasgarh.
———————————————————————-

372.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
209. West Ramk- Post Office West Ramkanali Colliery 13,82,000
anali Katrasgarh Company, Post Office
Katrasgarh, District
Dhanbad.

210. West Joyram- Post Office A. K. Chandra, Post Off- Amount dih . Nudkhurkee. ice Nudkhurkee, included
Dhanbad. in the amount specified against
Sl. No.98.211. West Angar- Post Office West Angarpathra Colli- 1,30,000
pathra. Katrasgarh ery Company Limited, Post Office Katrasgarh, Dhanbad.

212. West Chandore Post Office West Chandore Colliery 85,000
Sijua Company, Post Office
Jharia, Dhanbad.

213. West Mudidih. Post Office Waliram Taneja Mines 14,39,000
Sijua (Private) Limited, Post Office Sijua, Dhanbad.

214. West & Sowa- Post Office M. P. and D.D.Agarwalla, 55,000
ria Salanpur. Katrasgarh Dhanbad Bazar, Dhanbad.

215. West Bhuran- Post Office P. K. Lalla, Post Office 4,000
gya . Mohuda Kharkharee.

216. West Gobind- Post Office West Gobindpur Coal Com- 4,000
pur Katrasgarh pany, Post Office Katr-
asgarh, Dhanbad.

217. West Keshal- Post Office West Keshalpur Colliery 4,000
pur Katrasgarh Company, Post Office
Katrasgarh, Dhanbad.

218. West Mahesh- Post Office Sri Agarwalla Coal Comp-
pur Tundoo any, Post Office Tundoo, 4,000
Dhanbad.

219. West Sal- Post Office Ganga Bishen Mohendra, 4,000
anpur Katrasgarh Post Office Jharia, Dhanbad.

Bihar-Raniganj (Mugma Coalfield)

220. Badjna. . Post Office Oriental Coal Company 28,59,000
Nirshachati Limited, 25, Brabourne
Road, Calcutta.
———————————————————————-

373.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
221. Basumata . . Post Office D. N. Chandra and Bro- 4,000
Nirshachati thers, Post Office
Nirshachati, Dhanbad.

222. Bhogkat . . Post Office Banga Laxmi Coal Company 5,000
Mugma Post Office Mugma, Dhanbad.

223. Chapapur. . Post Office B. N. Dutta and Others, 25,000
Nirshachati Post Office Nirshach-
ati, Dhanbad.

224. Central Sha- Post Office A. K. Chandra and Othe- 28,000
mpur Nirshachati rs, Post Office Nirsha-
chati, Dhanbad.

225. Central Laik- Post Office Central Laikdih Colliery 4,000
dih Mugma Company, Post Office Mu-
gma, Dhanbad.

226. Chattabar . . Messrs. New Chattabar 18,000
Coal Company Limited, Post Office Chirkunda, District, Dhanbad.

227. Dahibari . . Post Office Dahibari Coal Company, 7,50,100
Mugma Post Office Mugma.

228. East Badjna . Post Office S. N. Chanda and Broth- 1,09,000
Nirshachati ers, Post Office
Nirshachati.

229. East Kapasara.Post Office Banga Luxmi Coal Compa- 37,000
Mugma ny, Post Office Mugma, Dhanbad.

230. East Kumar- Post Office Sri Laxmi Narain Trust, 7,15,000
dhubi Chirkunda Post Office Jharia, Dhanbad.

231. East Rajpura. Post Office Rajpura Coal Company, 10,400
Mugma Post Office Mugma.

232. East Shampur. Post Office Oriental Coal Company, 16,000
Kumardhubi Post Office Kumardhu-
bi, Dhanbad.

233. Edgarcoor Post Office Durgamata Coal Company, 5,200
(Durgamata). Chirkunda Post Office Chirkunda.

234. Edgarcoor. . Post Office Srimati Sankarben Patel, 14,400
Kumardhubi Post Office Kumardhubi, Dhanbad.

235. East Palasia .Post Office Shri K. K. Goswami, Post 32,300
Mugma Office Mugma, Dhanbad.
———————————————————————-

374.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
236. Edgarcoor Post Office B. R. Agarwalla and 31,000
(Agarwalla). Nirshachati Company, Post Office
Kumardhubi, Dhanbad.

237. Jamdohi ost Office Jamdohi Coal Company, 4,43,800
Basanti mata. Mugma Post Office Mugma, Dhanbad.

238. Jamburya Post Office East Indian Coal Comp- 1,24,000
(Selected- Nirshachati any, Limited, 4, Clive
Jamburya). Row, Calcutta.

239. Kalimata . . Post Office G. L. Dubey, Post Office 1,24,300
Mugma Mugma, Dhanbad.

240. Kapasara . . Post Office Bihar Coal Syndicate 65,300
Mugma (Private)] Limited, Post Office Mugma, Dhanbad.

241. Khas Kal- Post Office Khas Kalimati Coal Com- 1,00,000
imati Kumardhubi. pany, Post Office Kumar-
dhubi, Dhanbad.

242. Khas Nirsha . Post Office Mohatta Brothers, 19, 2,73,000
Nirshachati British Indian Street, Calcutta-1.243. Khoodia . . Post Office Khoodia Coal Company, 2,18,000
Nirshachati Post Office Nirshacha-
ti, Receiver, Onkarmal
Agarwalla, Post Office
Barakar, Burdwan.

244. Khas Badjna. Post Office Western Bengal Coalfi- 11,12,000
Nirshachati elds Limited, Administ-
rative Office, Post
Office Morta Colliery, Burdwan.

245. Khas Brinda- Post Office Bal Krishna Coal Com- 7,000
banpur Mugma pany, Post Office
Brakar.]

246. Khas Edgar- Post Office B. N. Mondal and L. L. 4,000
coor. Kumardhubi. Agarwalla, Post Office
Kumardhubi, Dhanbad.

247. Kooardih. . Post office Banerjee and Company, 1,29,000
Barakar Post Office Barakar.

248. Lower Badjna .Post Office Associated Laikdih Col- 7,52,000
Nirshachati liery Limited, 18, Ne-
taji Subhas Road, Calcutta.
———————————————————————-

375.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
249. Lower Beg- Post Office Associated Laikdih Col- 4,000
unia Mugma liery limited, 18, Netaji Subhas Road, Calcutta.

250. Merah . . Post Office Raghunath Agarwalla, 1,28,000
Chirkunda Post Office, Chirk-
unda.

251. Nayadanga . Post Office K. G. Saiji & Sons, 1,02,000
Nirshachati Post Office Serasole
Rajbari Burdwan.

252. Nirsha Khas . Post Office Nirsha Khas Colliery 1,37,800
Nirshachati (Private) Limited, Post Office Searsole
Rajbari, Burdwan.

253. North Badjna. Post Office North Badjna Coal Com- *8,27,000
Nirshachati pany (Private) Limited, Post Office Ranaghat, Nadia.

254. North Lai- Post Office North Laikdih Coal Com- 2,17,000
kdih Nirshachati pany, 22, Strand Road, Calcutta.
255. Oriental . . Post Office Oriental Coal Company, 41,000
Kumardhubi Post Office Kumardhubi.

256. Pure Laikdih. Post Office Pure Laikdih Colliery 2,18,400
Nirshachati (Private) Limited, 26A, Fern Road, Calcutta-19.257. Pure Mandman. Post Office East Indian Coal Compa- 1,46,000
Mugma ny Limited, 4, Clive
Row, Calcutta.

258. Pure Rajpura Post Office Shrimati Sankarben Pat- 79,000
Kumardhubi. el, Post Office Kumard-
hubi Dhanbad.

259. Pure Shampur. Post Office D. Mondal and Company, 3,04,000
Nirshachati Post Office Nirsha-
chati.

260. Palasia . . Post Office K. K. Goswami, Post 73,000
Mugma Office Mugma.

261. Pure Har- Post Office East Indian Coal Comp- 78,000
iajan Nirshachati any Limited, 4, Clive
Row, Calcutta.

262. Pure Sing- Post Office Satya Pal Kapoor, Kapoor 1,68,000
hpur Nirshachati Niwas, Dhanbad.
———————————————————————-
* This amount includes the amount payable in respect of coal mine specified against Sl. No. 277.376.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
263. Rajpura . . Post Office R. K. Coal Company, Ba- 37,000
Mugma rakar (West Bengal).

264. Reliance . . Post Office Reliance Coal Company, 1,30,000
Kumardhubi Post Office Kumard-
hubi, Dhanbad.

265. Ramkrishna . Post Office P. N. Mukherjee, Post 83,600
Chirkunda Office Chirkunda.

266. Raj . . Post Office D. N. Sen, Post Office 10,000
Kumardhubi Mugma, Dhanbad.

267. Satyanarayan .Post Office Rurmal Agarwal, Post 55,700
Kumardhubi Office Satyanaran
Colliery, Kumardhubi.

268. Shampur . . Post Office Khas Shampur Coal Comp- 2,51,000
Nirshachati any, Post Office Nirs-
hachati, Dhanbad.

269. Shampur. . Post Office The Kamala Coal Company, 17,400
Nirshachati Post Office Nirshach-
ati, Dhanbad.

270. South Marma Post Office Guljarilal Agarwalla, 29,800
Mugma Post Office Jharia, Dhanbad.

271. Shri Durga- Post Office J. N. Garai & Others, 81,700
mata Mugma Post Office Chirkunda.

272. Shri Gopin- Post Office Srimati Mahamaya Devi, 3,23,400
athpur Nirshachati Post Office Nirshach-
ati, Dhanbad.

273. Shri Lakhmi- Post Office J. K. Garai & Company, 1,55,000
mata Chirkunda Post Office Mugma, Dhanbad.

274. Sudarshan Post Office K. L. Bhambri & Compa- 1,07,800
Shampur Nirshachati ny, Post Office Nirsh-
achati, Dhanbad.

275. Shri Ragh- Post Office Shri Raghunathji Coal 90,600
unathji Chirkunda Company, Post Office
Chirkunda.

276. Selected . Post Office Shri Krishna Colliery 1,13,000
Fatka. Nirshachati Company (Private) Lim-
ited, Post Office
Kumardhubi, Dhanbad.
———————————————————————-

377.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
277. South Badjna Post Office South Badjna Coal Com- Amount
Nirshachati pany, Post Office Nir- included shachati, Dhanbad. in the amount specified against
Sl. No.
253.278. Shampur . Post Office The Druga Coal Company 39,000
Mugma Post Office Mugma.

279. Selected Post Office Selected Bhaljori Coll- 4,000
Bhaljori Dhanbad iery Company (Private)
Limited, Post Office
Nirshachati, Dhanbad.

280. Selected Post Office Satya Narayan Agarwala 8,000
Laikdih Govindpur and Patners, Post Office
Nirshachati, Dhanbad.

281. South East Post Office J. K. Banerjee and Others, 4,000
Badjna Nirshachati Post Office Nirshachati, Dhanbad.

282. Tewaris Post Office M/s, S. C. Tewari & Others, 4,000
Beldanga Churulia Post Office Parsundi, Khas. District Birbhum.

283. Upper Post Office East Indian Coal Company, 1,69,000
Mehtadih Nirshachati 4, Clive Row, Calcutta-1.284. West Barakar Post Office Dinendea Nath Das, Post 4,000
Kumardhubi Office Kumardhubi.

285. West Barakar Post Office Bihar Fire Bricks and 15,000
Mugma Potteries Limited, 22.Strand Road, Calcutta-1.286. West Chanch Post Office West Chanch Coal Company, 8,000
Nirshachati Post Office Barakar.

287. West Laikdih Post Office West Laikdih Coal Com- 64,200
Mugma pany, 152, B. K. Pal
Avenue, Calcutta-5.288. West Rajpura Post Office Kalyaneshwari Coal Com- 8,000
Mugma pany, Post Office Mugma
Dhanbad.

289. West Shampur Post Office Beharilal Agarwalla, Post 4,000
Nirshachati Office Nirshachati, Dhanbad.
———————————————————————-

378.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
Karanpura Coalfields

290. Ara Post Office North Ramgarh Colliery 6,87,000
Kuju Company (Private) Li-
mited, 8, Deodar
Street, Calcutta-19.291. Banwar Post Office Raghunath Bhagat, 4,000
Mandu Hazribagh.

292. Churi Post Office Ray Untied Karanpura 4,40,000
Colliery Company
(Private) Limited,
91, Stephen House, Calcutta.

293. Central Post Office United Collieries 28,00,000
Saunda Saunda limited, 5, Royal
Exchange Place
Calcutta-1.294. Dakra Buk Post Office United Karanpura 25,84,000
Buka Khalari Colliery Company
(Private) Limited,
91, Stephen House, Calcutta.

295. Damodar Post Office B.K. Bhaduri & Sons, 1,31,000
Valley Hendegir 10, Purulia Road, Ranchi.

296. Datma Post Office M. K. Rana (Receiver) 4,000
Kuju Bansilal Chowk, Hazaribagh.

297. Gidhania Post Office (1) Dhori Coal Company 4,000
Ramgarh Limited,
(2) M/s. Anderson wright
Limited, 34/4, Gros venor
House, Old Court House, Dhanbad

298. Hindegir Post Office Hindegir Mining Corp- 5,45,000
Hindegir oration Limited,-
Hirapur, Dhanbad.

299. Hessagora Post Office Hessagora Coal Compan- 88,000
Kuju any, Post Office Kuju.

300. Jharkhand Post Office (Ownership under 11,000
Ghatutand dispute)

301. Karanpura Post Office Karanpura Dowarkhand 10,83,000
Dewarkhand Khalari Colliery Company-
Limited, F. 3, Gilla-
nders House, Calcutta-
1.302. Karkata Post Office Ajit Prasad Singhdeo & 5,16,000
Khalari Others, 82, Stephen
House, Calcutta-1.———————————————————————-

379.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
303. Karanpura Post Office Associated Karanpura 12,14,000
Patratu Colliery (Private)
Limited, 18, Netaji
Subhas Road, Calcutta-1.304. Khas Karan- . Post Office Khas Karanpura Collie- 8,30,000
pura Patratu ries Limited, 71,-
Ganesh Chandra Avenue, Calcutta.

305. Kedla . Post Office (Ownership under disp- 34,000
Ghatutand ute)

306. Kuju . Post Office Kuju Colliery Compan- 1,82,000
Kuju ny (Private) Limited, Post Office Kuju.

307. Lapanga . Post Office Hindustan Coal Compan- 2,36,000
Bhadaminagar. ny, Bhadaminagar, Hazaribagh.

308. Laiyo Post Office North Bokaro Coal 1,89,500
Daneya Company, Post
Office Daneya, Hazaribagh.

309. Manki Post Office Ray National Cement Mines 2,58,000
& Industries, 82, Stephen House East, Calcutta-1.310. Mael Post Office Rajballav Singh, Chi- 73,000
Chitarpur. tarpur, Hazaribagh.

311. Model Dhori Post Office Model Dhori Colliery 39,000
Chainpur Company, Hazaribagh.

312. Mourpa Post Office A. K. Roy & R. P. Cho- 2,29,500
Kuju udhury, Post Office
Kuju.

313. Mangardh Post Office Mani Chatterjee, Ha- Amount
Mandu zaribagh. included in the amount specified against
Sl. No.
327.314. New Sirkar Post Office (Ownership under 4,000
Colliery Mandu dispute).

315. Pindra Post Office Pindra Coal Company, 93,000
Kuju Ram Narayan Jais
Compound, Ranchi.

316. Pakribarwadih Post Office Sayed Bokir Mehdi, 4,000
Barkagon Ranchi.

317. Ray Post Office Ray N. C. M. I. Limited, 5,63,000
82, Stephen House, Calcutta.
———————————————————————-

380

———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
318. Rauta Post Office (Ownership under dispute) 4,000
Ramgarh
Cantonment.

319. Raligara Post Office The Karanpura Colli- 77,70,000*
Religara ery Limited, Char-
tered Bank Buildi-
ng, Calcutta-1.320. South Post Office Chauhan Brothers, Old 1,25,000
Karanpura. Hindegir Commissioners
Compound, Ranchi.

321. Sugia Post Office Sugia Coal Company, 4,500
Chitarpur. Chitarpur

322. SaundaD Post Office Karanpura Collieries Amount
(Birds) Bhurkunda. Limited, Charterd included
Bank Building, in the
Calcutta-1. amount specified against
Sl. No.
319.323. Sirka Post Office South Karanpura 28,83,000
Argada Coal Company Li-
mited, Chatered
Bank Building, Calcutta-1.324. Sarubera Post Office North Ramgarh Coal 2,42,000
Kuju Company Limited,
8, Deodar Street, Calcutta-19.325. Semra Post Office B. M. Roy, Burraba- 9,000
Mandu zar, Hazaribagh.

326. Toera Post Office M. N. Chatterjee, 1,12,000
Kuju Post Office Kuju.

327. Topa Post Office Topa Coal Company, 1,23,000( )
Kuju Kuju. Receiver:
M. H. Chatterjee and S. K. Banerjee, Post Office Kuju, Hazaribagh.

328. West Tumang Post Office Chauhan Brothers, old 2,89,000
M.C.Chuski- Commissioners eganj, Ranchi. Compound, Ranchi.
———————————————————————-
* This amount includes the amount payable in respect of coal mine specified against Sl. No. 322.( ) This amount includes the amount payable in respect of coal mine specified against Sl. No. 313.381.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
Giridih

329. Kabribad Post Office Serampore Coal Comp- 23,000
Beniadih any, Post Office
Giridih.

MADHYA PRADESH

Central India Coalfields

330. Chirmiri Post Office Chirimiri Colliery 37,51,000
Chirimiri Company (Private)
Limited, 18/22, Sheik Memon Street, Bombay-2.331. New Post Office Dadabhoys New 63,60,000
Chirimiri Chirimiri Chirimiri Ponri
(Ponri Hill). Hill Company (Pr-
ivate) Limited, Post Box No. 85, Nagpur.

332. North . Post Office United Collieries 15,01,000
Chirimiri Gelhapani Limited, 25, Brabourne
Road, Calcutta.

333. North Jhag- Post Office Jhagrakhand Coll- 61,42,000*
rakhand. Jhagrakhand eiry (Private)
Colliery. Limited, 13, Gariahat Road, Calcutta-19.334. Pure Post Office K. N. Dhady, Post 1,80,000
Chirimiri Chirimiri Office Chirimiri.

335. Rajnagar Post Office M/s. Dalchand Bah- 14,71,000
Rejnagar adur Singh, 15, Colliery. Gariahat Road.
Calcutta-19.336. Ramnagar Post Office Vindhya Colliery 12,02,000
Ramnagar (Private) Lim-
Colliery. ited, 18, Netaji
Subhas Road, Calcutta-1.337. South Jhagr- Post Office Jhagrakhand Col- Amount akhand Jhagrakhand lieriery (Priva- Included
Colliery. te) Limited, 15, in the
Gariahat Road, amount
Calcutta 19. specified against
Sl. No.
333.338. West Post Office Indra Sigh & Sons 33,75,000
Chirimiri Chirimiri (Private) Limited
,7, Wellesly Place, Calcutta-1.———————————————————————-
* This amount includes the amount payable in respect of coal mines specified against Sl. Nos. 337 and 339.382.———————————————————————-
Sl. Name of Location of the Name and address Amount
No. the mine mine of owners of (in rupees)
the mine
———————————————————————-
1 2 3 4 5.———————————————————————-
339. West Jhagra- Post Office Jhagrakhand Colliries Amount khand West Jhagr- (Private) Limited, included akhand 13, Garoahat Road, in the
Calcutta-19. amount specifed against
Sl. No.
333.Pench-Kanhan Valley Coalfields

340. Ambara . Post office N. H. Ojha & Com- 5,41,000
Junnerdeo pany Limited, F-3, Gillander House, 8, Netaji Subhash
Road, Calcutta.

341. Barkuhi . Post Office Pench Valley Coal 53,08,000*
Parasea . Company Limited,
Hong Kong House-
31, Dalhousie square, Calcutta-1.342. Barkuhi . Post Office M/s. J. A. Trivedi 2,16,000
Parasea . Brothers, Post
Box 1, Balaghat, District Chhin-
dwara.

343. Bhamori . Post Office Amalgamated Coal- 94,04,000 Parasea
. fields Limited,
Hong Kong House,
31, Dalhousie Square, Calcutta-1.344. Chandamata Post Office Pench Valley Coal Amount
Parasea . Company Limited, in incl-
Post Office Parrasea, uded in
Chhindwara. the amount specified against
Sl. No.
341.345. Datla East. M/s. Amalgamated Coal- Amount fields Limited, in incl-
Post Office Par- uded in asea, Chhind- the amo-
wara. unt spe-
cified against
Sl. No.
343.———————————————————————-
* This amount includes the amount payable in respect of coal mines specified against Sl. Nos. 344, 349 and 357.

THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996

Legal India — Fri, 19 Jun 2009 19:45:01 +0000

BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-

An Act further to amend the Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.
1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Coal Mines Provident Fund and Miscellaneous Provisions (Amendment)
Act, 1996,

(2) It shall come INTO force on such date as the Central
Government may, by notification in the Official Gazette, appoint,

2.Amendment of long title of Act 46 of 1948.2. Amendment of long title of Act 46 of 1948. In the long title to the Coal Mines Provident Fund and Miscellaneous Provisions Act,
1948 (hereinafter referred to as the principal Act), for the words
“Family Pension Scheme”, the words “Pension Scheme” shall be substituted.

2.3.Amendment of section 2.3. Amendment of section 2. In section.2 of the principal Act,-

(a) clause (ee) shall be omitted;

(b) after clause (g), the following Rowing clauses shall be inserted, namely:-

(h) “Pension Fund” means the Pension Fund established under sub-section (2) of section 3E;

(i) “Pension Scheme” means the Coal Mines Pension
Scheme framed under sub-section (1) of section 3E;

(j) “superannuation”, in relation to an employee who is a member of the Pension Scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment..

4.Substitution of references to certain expressions by certain other expressions.

4. Substitution of references to certain expressions by certain other expressions. In the principal Act, for the expressions”Family
Pension”, “Family Pension Fund”, “Family Pension Scheme” and “Coal
Mines Family Pension Scheme”, wherever they occur, the expressions
“Pension”, “Pension Fund”, “Pension. Scheme” and “Coal Mines Pension
Scheme” shall respectively be substituted.

5.Substitution of new section for section 3E.

5. Substitution of new section for section 3E. For section 3E of the principal Act, the following section shall be substituted, namely:-

3E.

Coal Mines Pension Scheme.

“3E. Coal Mines Pension Scheme. (1) The Central
Government may, by notification-in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for-

(a) superannuation pension, retiring pension, or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and

(b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.

(2) Notwithstanding anything contained in section
3,there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund INTO which there shall be paid, FROM time to time, in respect of every employee who is a member of the Pension Scheme,-

(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of section 10D as the employers contribution as well as the employees contribution, as may be specified in the
Pension Scheme;

(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;

(d) any other contribution which may be made to the Pension Fund with the previous approval of the
Central Government.

(3) On the establishment of the Pension Fund, the Family Pension
Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension”Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits. riot less than the benefits, they were entitled to under the ceased scheme, FROM the Pension Fund.

(4) The Pension Fund shall vest in and be administered by the
Board in such manner as may be specified in the Pension Scheme.

(5) A scheme trained under the provisions of sub-section (1) may provide for all or any of the matters specified in the Second
Schedule.”.

3.6.Substitute— new section 4.6. Substitute— new section– section 4– For section 4 of the principal Act, the following section shall be substituted, namely:-

4.Fund to — recognise under Act of 1961.”4. Fund to — recognise under act of 1961. For the purposes of the Income-tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth
Schedule to that Act.”.

7.Amendment section 10.7. Amendment section 10. In section 10 of the principal Act, in sub-section (2B),-

(a) for the words and figures “the Code of Criminal
Procedure, 1898″, (5 of 1898) the words and figures “the Code of Criminal Procedure, 1973″ (2 of 1974) shall be substituted;

(b) for the word and figures “section 98″, the word and figures “section 94″ shall be substituted.

8.Amendment of section.

8. Amendment of section. In section 11 of the principal Act, for the words and figures “section 230 of the Indian Companies Act, 1913″,
(7 of 1913) the words and figures “section 530 of the Companies Act,
1956″ (1 of 1956) shall be substituted.

9.Substitution of new Schedule the Second Schedule.

9. Substitution of new schedule the Second Schedule. For the
Second Schedule to the principal Act, the following Schedule shall be substituted, namely:-

SCHE

[See section 3E(5)]

“THE SECOND SCHEDULE

[See section 3E(5)]

MATTERS TO BE PROVIDED FOR IN THE COAL MINES PENSION SCHEME

1. The employees or class of employees to whom the Coal Mines
Pension Scheme shall apply and the time within which option to join that Scheme shall be exercised by those employees to whom the said
Scheme does riot apply.

2. The time within which the, employees who are not members of the Family Pension Scheme under section 3E as it stood before the commencement of the Coal Mines Provident Funds and Miscellaneous
Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme.

3. The portion of employers contribution and employees
contribution to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.

4. The Central Governments contribution and other contributions to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.

5. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted die benefits of their past service under section 3E as it stood before the commencement of the amending Act.

6. The regulation of the period of service for which Do contribution is received.

7. The manner in which employees interest will be protected against default in payment of contribution by the employer.

8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the
Central Government.

9. The form in which an employee shall furnish particulars about himself and the members of his family whenever- required.

10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme.

11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such payment.

4.12. The mode of disbursement of pension and arrangements to be entered INTO with such disbursing agencies as may be specified for the purpose.

13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by,the Central
Government to the Board.

14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee.

15. Any other matter which is to be provided for in the Pension
Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.”.

10.Repeal and saving.

10. Repeal and saving. (1) The Coal Mines Provident Fund and
Miscellaneous Provisions (Amendment) Third Ordinance, 1996 (Ord. 22 of
1996) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.

K. L. MOHANPURIA,

Secy. to the Govt. of India.****************************************************************

THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1996.ACT NO. 24 OF 1996.[16th August, 1996.]

BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-

An Act further to amend the Industrial Disputes Act, 1947.
1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Industrial Disputes (Amendment) Act, 1996.(2) It shall be deemed to have come INTO force on the 11th day of October, 1995.2.Amendment of Act 14 of 1947.2. Amendment of Act 14 of 1947. In section 2 of the Industrial
Disputes Act,1947 (hereinafter referred to as the principal Act), in clause (a), in sub-clause (i),-

(i) for the words and figures “the Industrial Finance
Corporation of India established under section 3 of the
Industrial Finance Corporation Act, 1948″, (15 of 1948.) the words and figures “the Industrial Finance Corporation of
India Limited formed and registered under the Companies Act,
1956″ (1 of 1956.)shall be Substituted;

2.(ii) the words and figures or the “Indian Airlines”
and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953(27 of 1953.) shall be omitted;

(iii) for the words and figures “the Oil and Natural
Gas Commission established under section 3 of the Oil and
Natural Gas Commission Act, 1959″, (43 of 1959.) the words and figures “the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956″ (1 of 1956.) shall be substituted;

(iv) for the words and figures “the International
Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971.)
“, the words and figures “the Airports Authority of India constituted under section 3 of the Airports Authority of
India Act, 1994″ (55 of 1994.) shall be substituted;

(v) for the words “a banking or an insurance company”, the words “an air transport service, or a banking or an insurance company” shall be substituted.

3.Repeal and saving.

3. Repeal and saving. (1) The Industrial Disputes (Amendment)
Third Ordinance, 1996 (Ord. 23 of 1996.) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

CHAPTER I

GENERAL PROVISIONS

BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-

An Act further to amend the Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.
1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Coal Mines Provident Fund and Miscellaneous Provisions (Amendment)
Act, 1996,

(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint,

2.3.Amendment of section 2.3. Amendment of section 2. In section.2 of the principal Act,-

(a) clause (ee) shall be omitted;

(b) after clause (g), the following Rowing clauses shall be inserted, namely:-

(h) “Pension Fund” means the Pension Fund established under sub-section (2) of section 3E;

(i) “Pension Scheme” means the Coal Mines Pension
Scheme framed under sub-section (1) of section 3E;

4.Substitution of references to certain expressions by certain other expressions.

5.Substitution of new section for section 3E.

5. Substitution of new section for section 3E. For section 3E of the principal Act, the following section shall be substituted, namely:-

3E.

Coal Mines Pension Scheme.

“3E. Coal Mines Pension Scheme. (1) The Central
Government may, by notification-in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for-

(a) superannuation pension, retiring pension, or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and

(b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.

(2) Notwithstanding anything contained in section
3,there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,-