THE COAL MINES (SPECIAL PROVISIONS) ACT, 2015

THE COAL MINES (SPECIAL PROVISIONS) ACT, 2015

NO. 11 OF 2015

[30th March, 2015.]

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

interest in and over the land and mine infrastructure together with mining

leases to successful bidders and allottees with a view to ensure continuity in

coal mining operations and production of coal, and for promoting optimum

utilisation of coal resources consistent with the requirement of the country in

national interest and for matters connected therewith or incidental thereto.

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

order dated 24th September, 2014 has cancelled the allocation of coal blocks and issued

directions with regard to such coal blocks and the Central Government in pursuance of the

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

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

immediate action to allocate coal mines to successful bidders and allottees keeping in view

the energy security of the country and to minimise any impact on core sectors such as steel,

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

AND WHEREAS Parliament is competent to legislate under entry 54 of List I of the

Seventh Schedule to the Constitution for regulation of mines and mineral development to the

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 14] NEW DELHI, MONDAY, MARCH 30, 2015/CHAITRA 9, 1937 (SAKA)

Separate paging is given to this Part in order that it may be filed as a separate compilation.

REGISTERED NO. DL—(N)04/0007/2003—15

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 30th March, 2015/Chaitra 9, 1937 (Saka)

The following Act of Parliament received the assent of the President on the

30th March, 2015, and is hereby published for general information:—

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

extent to which such regulation and development under the control of Union is declared by

Parliament by law to be expedient in the public interest.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Coal Mines (Special Provisions) Act, 2015.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 21st day of October, 2014.

2. It is hereby declared that it is expedient in the public interest that Union should take

action for the development of Schedule I coal mines and extraction of coal on continuous

basis for optimum utilisation.

3. (1) In this Act, unless the context otherwise requires,—

(a) “additional levy” means, the additional levy as determined by the Supreme

Court in Writ Petition (Criminal) No. 120 of 2012 as two hundred and ninety-five rupees

per metric tonne of coal extracted;

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

(c) “appointed date” in relation to—

(i) Schedule I coal mines excluding Schedule II coal mines, shall be the

24th day of September, 2014 being the date on which the allocation of coal

blocks to prior allottees stood cancelled; and

(ii) Schedule II coal mines shall be the 1st day of April, 2015 being the date

on which the allocation of coal blocks to prior allottees shall stand cancelled,

in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed

in Writ Petition (Criminal) No. 120 of 2012;

(d) “bank” shall have the same meaning as assigned to it in clause (c) of the

Securitisation and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002;

(e) “coal mining operations” means any operation undertaken for the purpose

of winning coal;

(f) “company” shall have the same meaning as assigned to it in clause (20) of

section 2 of the Companies Act, 2013;

(g) “corporation” shall have the same meaning as assigned to it in clause (11) of

section 2 of the Companies Act, 2013;

(h) “financial institution” shall have the same meaning as assigned to it in

clause (m) of section 2 of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002;

(i) “Government company” shall have the same meaning as assigned to it in

clause (45) of section 2 of the Companies Act, 2013;

(j) “mine infrastructure” includes mining infrastructure such as tangible assets

used for coal mining operations, being civil works, workshops, immovable coal winning

equipment, foundations, embankments, pavements, electrical systems, communication

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

arrangements, crushing and conveying systems, railway sidings, pits, shafts, inclines,

underground transport systems, hauling systems (except movable equipment unless

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

the same is embedded in land for permanent beneficial enjoyment thereof), land

demarcated for afforestation and land for rehabilitation and resettlement of persons

affected by coal mining operations under the relevant law;

(k) “nominated authority” means the authority nominated by the Central

Government under section 6;

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

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

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

who had been allotted coal mines between 1993 and 31st day of March, 2011, whose

allotments have been cancelled pursuant to the judgment of the Supreme Court dated

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

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

Writ Petition (Criminal) No.120 of 2012.

Explanation.—In case a mining lease has been executed in favour of a third

party, subsequent to such allocation of Scheduled I coal mines, then, the third party

shall be deemed to be the prior allottee;

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

(p) “Schedule I coal mines” means,—

(i) all the coal mines and coal blocks the allocation of which was cancelled

by the judgment dated 25th August, 2014 and its order dated 24th September,

2014 passed in Writ Petition (Criminal) No.120 of 2012, including those allotments

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

Writ Petition;

(ii) all the coal bearing land acquired by the prior allottee and lands, in or

adjacent to the coal mines used for coal mining operations acquired by the prior

allottee;

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

(q) “Schedule II coal mines” means the forty-two Schedule I coal mines listed in

Schedule II which are the coal mines in relation to which the order of the Supreme

Court dated 24th day of September, 2014 was made;

(r) “Schedule III coal mines” means the thirty-two Schedule I coal mines listed in

Schedule III or any other Schedule I coal mine as may be notified under sub-section (2)

of section 7;

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

(zd) of section 2 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002;

(t) “secured debt” shall have the same meaning as assigned to it in clause (ze) of

section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement

of Security Interest Act, 2002;

(u) “security interest” shall have the same meaning as assigned to it in clause

(zf) of section 2 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002;

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

“specified end-user” shall with its grammatical variations be construed accordingly,—

(i) production of iron and steel;

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

use;

(iii) washing of coal obtained from a mine;

(iv) cement;

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

specify;

(w) “vesting order” means the vesting order issued under section 8.

(2) Words and expressions used herein and not defined, but defined in the Coal

Bearing Areas (Acquisition and Development) Act, 1957, the Mines and Minerals

(Development and Regulation) Act, 1957 and the Coal Mines (Nationalisation) Act, 1973

including any rules or regulations made thereunder, shall have the meanings, respectively

assigned to them in those Acts.

CHAPTER II

AUCTION AND ALLOTMENT

4. (1) Subject to the provisions of section 5, Schedule I coal mines shall be allocated by

way of public auction in accordance with such rules, and on the payment of such fees which

shall not exceed five crore rupees, as may be prescribed.

(2) Subject to the provisions in sub-section (3) of this section and section 5, the

Central Government may, for the purpose of granting reconnaissance permit, prospecting

licence or mining lease in respect of any area containing coal, select any of the following

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

prescribed––

(a) a Government company or corporation or a joint venture company formed by

such company or corporation or between the Central Government or the State

Government, as the case may be, or any other company incorporated in India; or

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

that carry on coal mining operations in India, in any form either for own consumption, sale or

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

the case may be, and the State Government shall grant such reconnaissance permit,

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

as selected through auction by competitive bidding under this section.

(3) Subject to the provisions of section 5, the following persons who fulfil such norms

as may be prescribed, shall be eligible to bid in an auction of Schedule II coal mines and

Schedule III coal mines and to engage in coal mining operations in the event they are

successful bidders, namely:––

(a) a company engaged in specified end-use including a company having a coal

linkage which has made such investment as may be prescribed.

Explanation.––A “company with a coal linkage” includes any such company

whose application is pending with the Central Government on the date of commencement

of this Act;

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

specified end-use and are independently eligible to bid in accordance with this Act;

(c) a Government company or corporation or a joint venture company formed by

such company or corporation or with any other company having common specified

end-use:

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

(4) A prior allottee shall be eligible to participate in the auction process subject to

payment of the additional levy within such period as may be prescribed and if the prior

allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of

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

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(5) Any prior allottee who is convicted for an offence relating to coal block allocation

and sentenced with imprisonment for more than three years, shall not be eligible to participate

in the auction.

5. (1) Notwithstanding the provisions contained in sub-sections (1) and (3) of section 4,

the Central Government may allot a Schedule I coal mine to a Government company or

corporation or to a joint venture between two or more Government companies or corporations

or to a company which has been awarded a power project on the basis of competitive bids for

tariff (including Ultra Mega Power Projects) from specified Schedule I coal mines by making

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

Government shall grant a reconnaissance permit, prospecting licence or mining lease in

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

Provided that the Government company or corporation may carry on Coal Mining in

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

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

Provided further that no company other than a Government company or corporation

shall hold more than twenty-six per cent. of the paid-up share capital in the Government

company or corporation or in the joint venture between a Government company or corporation,

either directly or through any of its subsidiary company or associate company:

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

corporations shall be prohibited from alienating or transferring any interest, except the taking

of loans or advances from a bank or financial institution, in the joint venture of whatsoever

nature including ownership in favour of a third party.

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

has not made the payment of the additional levy within the specified period.

6. (1) The Central Government shall appoint an officer not below the rank of a Joint

Secretary to the Government of India as the nominated authority who shall act for and on

behalf of the Central Government for the purposes of this Act and shall exercise such powers

as may be prescribed.

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

experience and on such terms and conditions as may be prescribed to make recommendations

to the authority for the conduct of auction and in drawing up of the vesting order or allotment

order in relation to Schedule I coal mines.

(3) The Central Government shall act through the nominated authority for the following

purposes, namely:—

(a) conduct the auction process and allotment with the assistance of experts;

(b) execution of the vesting order for transfer and vesting of Schedule I coal

mines pursuant to the auction;

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

pursuance of section 5;

(d) recording and mutating incorporeal rights of whatsoever nature including,

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

(e) collection of auction proceeds, adjustment of preferential payments and

transfer of amount to the respective State Governments where Schedule I coal mine is

located in accordance with the provisions of this Act.

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

of Schedule I coal mines within such time and in accordance with such rules as may be

prescribed.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

fit to assist the nominated authority.

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

nominated authority and such other officers and staff appointed under this section shall be

such as may be prescribed.

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

Central Government on the quesiton of policy.

7. (1) The Central Government may, before notifying the particulars of auction, classify

mines identified from Schedule I coal mines as earmarked for the same class of specified enduses.

(2) The Central Government may in public interest, by notification, modify Schedule III

coal mines by adding any other Schedule I coal mine for the purposes of specified end-use.

8. (1) The nominated authority shall notify the prior allottees of Schedule I coal mines

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

mines to be auctioned in accordance with such rules as may be prescribed.

(2) The information required to be furnished under sub-section (1) shall be furnished

within a period of fifteen days from the date of such notice.

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

with such rules as may be prescribed, shall be entitled to the vesting of Schedule I coal mine

for which it bid, pursuant to a vesting order drawn up in accordance with such rules.

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

namely:—

(a) all the rights, title and interest of the prior allottee, in Schedule I coal mine

concerned with the relevant auction;

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

(c) any statutory licence, permit, permission, approval or consent required to

undertake coal mining operations in Schedule I coal mines if already issued to the prior

allottee;

(d) rights appurtenant to the approved mining plan of the prior allottee;

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

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

determine the floor price or reserve price in accordance with such rules as may be prescribed.

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

furnish a performance bank guarantee for an amount as notified in relation to Schedule I coal

mine auctioned to such bidder within such time, form and manner as may be prescribed.

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

Central Government and with the appropriate authority designated by the respective State

Governments, the successful bidder shall be entitled to take possession of the Schedule I

coal mine without let or hindrance.

(8) Upon the execution of the vesting order, the successful bidder of the Schedule I

coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the

concerned State Government in accordance with the Mines and Minerals (Development and

Regulation) Act, 1957.

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

company or corporation or between the Central Government or the State Government, as the

case may be, or any other company incorporated in India, allotted a Schedule I coal mine

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

State Government in accordance with the Mines and Minerals (Development and Regulation)

Act, 1957.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(10) In relation to Schedule II coal mines, the successful bidder which was a prior

allottee, shall continue coal mining operations after the appointed date in terms of the approved

mining plan, till the mining lease in terms of sub-section (8) is granted, upon the grant of a

vesting order and to that extent, the successful bidder shall be deemed to have been granted

a mining lease till the execution of the mining lease in terms of the said sub-section.

(11) In relation to Schedule II coal mines, the Government company or corporation

which was a prior allottee can continue coal mining operations after the appointed date in

terms of the approved mining plan, till the mining lease in terms of sub-section (9) is granted,

upon execution of the allotment order and to that extent, the allottee shall be deemed to have

been granted a mining lease till the execution of the mining lease in terms of the said subsection.

(12) The provisions of sub-sections (1) and (2) and sub-sections (4) to (7) (both

inclusive) of this section as applicable to a vesting order, shall mutatis mutandis be also

applicable to an allotment order.

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

coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance

with the relevant laws and such rules as may be prescribed—

(a) payment to secured creditors for any portion of the secured debt in relation

to a Schedule I, coal mine which is unpaid as on the date of the vesting order;

(b) compensation payable to the prior allottee in respect of the Schedule I coal

mine.

CHAPTER III

TREATMENT OF RIGHTS AND OBLIGATIONS OF PRIOR ALLOTTEES

10. (1) A successful bidder or allottee in respect of Schedule I coal mines, may negotiate

with prior allottee to own or utilise such movable property used in coal mining operations on

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

(2) Where a successful bidder or allottee is not vested with any movable property of a

Schedule I coal mine, then, he is not bound by any liabilities or obligations arising out of

such ownership or contractual rights, obligations or liabilities which shall continue to remain

with the prior allottee.

(3) In the event that the successful bidder or allottee is unable to satisfactorily negotiate

with the prior allottee or any third party who has a contract with the prior allottee for the

movable property, it shall be the obligation of the prior allottee or the third party to remove

such movable property within a period not exceeding thirty days from the date of the vesting

order, or the allotment order, as the case may be, and the successful bidder or allottee shall

not be liable for any damage to such property.

(4) A successful bidder or allottee which has elected not to purchase or transfer or

continue to use the movable property referred to in sub-section (1), shall prior to the execution

of the vesting order or the allotment order, as the case may be, declare to the nominated

authority that he intends to move and store such movable property of the prior allottee or

such third party and after the date of the vesting order or the allotment order, as the case may

be, the successful bidder or allottee shall be entitled to move and store such movable

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

(5) If a prior allottee or such third party which has contracted with the prior allottee for

its movable property, fails to remove the movable property which the successful bidder or

allottee has elected not to purchase or use in accordance with sub-section (4), then, after the

period of seventy-five days from the vesting order or the allotment order, as the case may be,

a successful bidder or allottee shall be entitled to dispose of such movable property which

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

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

disposed of to pay for any cost incurred by the successful bidder or allottee, for the removal,

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

of such movable property:

Provided that the remaining sale proceeds after appropriation of costs, shall be paid by

the successful bidder or allottee to the Central Government towards any compensation that

may be payable to the owner of such movable property sold, upon establishment of title to

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

Provided further that if a third party contractor to the prior allottee owns such movable

property, then, such third party shall be entitled to prove its right to receive compensation

from the sale proceeds of the movable property sold as per this sub-section, in accordance

with such rules as may be prescribed.

11. (1) Notwithstanding anything contained in any other law for the time being in

force, a successful bidder or allottee, as the case may be, in respect of Schedule I coal mines,

may elect, to adopt and continue such contracts which may be existing with any of the prior

allottees in relation to coal mining operations and the same shall constitute a novation for the

residual term or residual performance of such contract:

Provided that in such an event, the successful bidder or allottee or the prior allottee

shall notify the nominated authority to include the vesting of any contracts adopted by the

successful bidder.

(2) In the event that a successful bidder or allottee elects not to adopt or continue with

existing contracts which had been entered into by the prior allottees with third parties, in that

case all such contracts which have not been adopted or continued shall cease to be

enforceable against the successful bidder or allottee in relation to the Schedule I coal mine

and the remedy of such contracting parties shall be against the prior allottees.

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

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

(a) continue with such facility agreements and security interest with the prior

allottee if such prior allottee is a successful bidder or allottee; and

(b) in the event that the prior allottee is not a successful bidder or allottee, then

the security interest of such secured creditor shall only be satisfied out of the

compensation payable to such prior allottee, to the extent determined in accordance

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

from the prior allottee.

(2) The Central Government shall, taking into consideration the provisions contained

in section 9, prescribe the manner in which the secured creditor shall be paid out of the

compensation in respect of any prior allottee.

13. Any and all alienations of land and mine infrastructure and creation of any

encumbrances of whatsoever nature thereon which relate to Schedule I coal mines, made by

any prior allottee after the 25th day of August, 2014 shall be void, save and except any

registered security interest and charge over the land and mine infrastructure as registered by

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

14. (1) Notwithstanding anything contained in any other law for the time being in

force, no proceedings, orders of attachment, distress, receivership, execution or the like,

suits for the recovery of money, enforcement of a security or guarantee (except as otherwise

provided for under this Act), prior to the date of commencement of this Act shall lie, or be

proceeded further with and no remedies shall be available against the successful bidder, or

allottee, as the case may be, or against the land and mine infrastructure in respect of

Schedule I coal mines.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(2) The proceedings as referred to in sub-section (1), shall continue as a personal

remedy against the prior allottee but shall not be maintainable or continued against the land

or mine infrastructure of Schedule I coal mine or the successful bidder or allottee, pursuant

to this Act.

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

any period prior to the vesting order or allotment order, shall be the liability of such prior

allottee and shall be enforceable against it and not against the successful bidder or allottee

or the Central Government.

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

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

shall continue to remain the liability of such prior allottees and such additional levy shall be

collected by the Central Government in such manner as may be prescribed.

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

(a) no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension,

gratuity or any other dues in relation to a Schedule I coal mine in respect of any period

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

enforceable against the Central Government or the successful bidder or the allottee, as

the case may be;

(b) no award, decree, attachment or order of any court, tribunal or other authority

in relation to any Schedule I coal mine passed prior to the date of commencement of

this Act, in relation to the land and mine infrastructure of Schedule I coal mines, shall

be enforceable against the Central Government or the successful bidder or the allottee,

as the case may be;

(c) no liability for the contravention of any provision of law for the time being in

force, relating to any act or omission prior to the date of vesting order or allotment

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

or the Central Government.

15. (1) For the purposes of disbursing the amounts payable to the prior allottees of

Schedule I coal mines, the Central Government shall appoint an officer not below the rank of

Joint Secretary to the Government of India, to be the Commissioner of payments.

(2) The Central Government may appoint such other officers and staff as it may think

fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of

such officers also to exercise all or any of the powers exercisable by him under this

Act.

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

those powers in the same manner and with the same effect as if they have been conferred on

him directly by this Act and not by way of authorisation.

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

Commissioner and other officers and staff appointed under this section shall be such as may

be prescribed.

(5) The Central Government shall, within a period of thirty days from such date as may

be notified, pay to the Commissioner for payment to the prior allottee, an amount equal to the

compensation determined by the nominated authority.

(6) Separate records shall be maintained by the Commissioner in respect of each

Schedule I coal mine in relation to which payments have been made to him under this Act.

16. (1) The quantum of compensation for the land in relation to Schedule I coal mines

shall be as per the registered sale deeds lodged with the nominated authority in accordance

with such rules as may be prescribed, together with twelve per cent. simple interest from the

date of such purchase or acquisition, till the date of the execution of the vesting order or the

allotment order, as the case may be.

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The quantum of compensation for the mine infrastructure in relation to Schedule I

coal mines shall be determined as per the written down value reflected in the statutorily

audited balance sheet of the previous financial year in accordance with such rules and in

such manner as may be prescribed.

(3) If the successful bidder or allottee is a prior allottee of any of the Schedule I coal

mines, then, the compensation payable to such successful bidder or allottee shall be set off

or adjusted against the auction sum or the allotment sum payable by such successful bidder

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

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

been paid.

CHAPTER IV

POWERS OF THE CENTRAL GOVERNMENT AFTER THE APPOINTED DATE

17. (1) On and from the appointed date, the Central Government or a company owned

by the Central Government shall be deemed to have become the lessee or licensee of the

State Government in relation to each of the Schedule II coal mines, in respect of which a

mining lease or prospecting licence has been granted prior to the date of commencement of

this Act, as if a mining lease or prospecting licence in relation to such coal mine had been

granted to the Central Government or a company owned by the Central Government and the

period of such lease or licence shall be the maximum period for which such lease or licence

could have been granted by the State Government under the Mineral Concession Rules,

1960, and thereupon all the rights under such mining lease, including surface, underground

and other rights shall be deemed to have been transferred to, and vested in, the Central

Government or a company owned by the Central Government.

(2) On the expiry of the term of any lease or licence, referred to in sub-section (1), such

lease or licence shall be renewed, by the State Government, in consultation with the Central

Government for the maximum period for which such lease or licence can be renewed under

the Mineral Concession Rules, 1960.

(3) As it is considered expedient and necessary in the public interest and in view of the

difficult situation which has arisen, the powers of the State Government, under the Mines

and Minerals (Development and Regulation) Act, 1957, to prematurely terminate a prospecting

licence or mining lease, shall stand suspended, in relation to Schedule I coal mines, for a

period of one year from the date of commencement of this Act or such other period as may be

notified by the Central Government.

18. (1) On and from the appointed date, if the auction or allotment of Schedule I coal

mines is not complete, the Central Government shall appoint any person as a designated

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

Government.

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

respect of the notified coal mines under sub-section (1) to operate and manage such

Schedule I coal mines in such manner as may be notified, till the completion of the auction of

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

may be.

19. (1) The designated custodian appointed under sub-section (1) of section 18, shall

be entitled to take control and possession of all lands, in or adjacent to Schedule II coal

mines, and used for coal mining operations and the mine infrastructure in relation to

Schedule II coal mine, on behalf of the Central Government.

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

in charge of the management of the Schedule II coal mines and coal mining operations

immediately before the appointed date to provide the requisite manpower, as may be necessary,

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

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(3) The designated custodian shall receive, to the exclusion of all other persons, any

monies due to Schedule II coal mines, notwithstanding cases where such receipt pertains to

a transaction made at any time before the appointed date.

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

relation to Schedule II coal mines and coal mining operations from any or all such persons

who were in charge of the management and operation of such Schedule II coal mines prior to

the appointed date, and such persons shall be bound to deliver to the designated custodian

all such documents in their custody relating to Schedule II coal mines.

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

necessary, in relation to the management and operation of Schedule II coal mines.

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

Schedule II coal mines to such person in such manner as may be prescribed.

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

allottee or a successful bidder in respect of coal mines entrusted to it under section 18, to be

exercised and discharged in such manner as may be prescribed.

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

which may be consequential or incidental to the functions specified under this section.

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

the designated custodian shall, in exercise of its powers or the performance of its functions

under this Act, be bound by such directions on questions of policy, as the Central Government

may give in writing to it from time to time.

CHAPTER V

CERTAIN ARRANGEMENTS

20. (1) A successful bidder or allottee or coal linkage holder shall, with the prior

approval of the Central Government and in accordance with such rules as may be prescribed,

be entitled to enter into certain agreements or arrangements with other successful bidder or

allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the

same end-uses in the public interest and to achieve cost efficiencies.

(2) A successful bidder or allottee may also use the coal mine from a particular

Schedule I coal mine for any of its plants engaged in common specified end-uses, in accordance

with such rules as may be prescribed.

CHAPTER VI

MISCELLANEOUS

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

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in relation

to Schedule I coal mines, shall continue in respect of such areas of land in accordance with

the provisions of the said Act.

(2) All such areas of land which are not subject matter of land acquisition proceedings,

in relation to the coal mines, under the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 may be proceeded with by the Central

Government in terms of the Coal Bearing Areas (Acquisition and Development) Act, 1957.

(3) The State Governments which have initiated land acquisition proceedings under

provisions of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 and all such lands which are also subject matter of

the said Act in respect of Schedule I coal mines, shall—

(a) not transfer any land to the prior allottees which have been acquired under

the said Act;

(b) continue the land acquisition proceedings till the appointed date;

(c) for such Schedule I coal mines which have not vested in the successful

bidder or the allottee, as the case may be, by the appointed date, continue the land

acquisition proceedings for and on behalf of the Central Government;

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(d) upon the vesting or the allotment, as the case may be, after the appointed

date, continue such land acquisition proceedings on behalf of the successful bidder or

the allottee.

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

the Central Government within the specified time, then, such additional levy shall be realised

as the arrears of land revenue.

23. If any person—

(a) obstructs or causes any impediment in taking possession or in the

management and operation of the Schedule I coal mines by the Central Government or

the designated custodian; or

(b) fails to deliver to the designated custodian any books of account, registers

or any other document in his custody relating to Schedule I coal mines and coal mining

operations in respect of the management of which the designated custodian has been

appointed; or

(c) destroys or misuses any mine infrastructure or coal stock; or

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

he and any officer-in-default of the company shall be punishable with imprisonment for a

term which may extend to two years, or with the minimum fine of one lakh rupees per day and

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

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

24. If any person fails to comply, without reasonable cause, with a direction given by

the Central Government or nominated authority or the designated custodian, he shall be

punishable with a fine of one lakh rupees and in the case of continuing failure with a maximum

fine of two lakh rupees for every day during which the failure continues, depending upon the

nature of the offence.

25. (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 business of the company as well as the company shall be

deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly:

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

liable to any punishment, if he proves that the offence was committed without his knowledge

and that he had exercised all due diligence to prevent the commission of such offence.

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

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to, any neglect on the part of

any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

26. No court shall take cognizance of any offence punishable under this Act or any

rules made thereunder except upon complaint in writing made by a person authorised in this

behalf by the Central Government or nominated authority or the designated custodian.

27. (1) Any dispute arising out of any action of the Central Government, nominated

authority or Commissioner of payment or designated custodian, or any dispute between the

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

Act shall be adjudicated by the Tribunal constituted under the Coal Bearing Areas

(Acquisition and Development) Act, 1957

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

issue connected with the Act exists or is apprehended and the dispute should be adjudicated

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

by the Tribunal referred to in sub-section (1), then, the Central Government may by order in

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

dispute, to the Tribunal for adjudication.

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

dispute, make an award in writing within a period of ninety days from the institution or

reference of the dispute.

(4) On and from the commencement of the Act, no court or other authority, except the

Supreme Court and a High Court, shall have, or be entitled to exercise, any jurisdiction,

powers or authority, in relation to matters connected with the Act.

28. No suit, prosecution or other legal proceeding shall lie against the Central

Government, nominated authority, commissioner of payment, or designated custodian or

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

done in good faith under this Act.

29. 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 such law.

30. On and from the date of commencement of this Act, the Coal Mines (Nationalisation)

Act, 1973 and the Mines and Minerals (Development and Regulation) Act, 1957 shall stand

amended in the manner provided in Schedule IV.

31. (1) The Central Government may, by notification in the Official Gazette, and subject

to the condition of previous publication, make rules for carrying out the provisions of this

Act.

(2) In particular, and without prejudice the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:––

(a) the manner of allocation of Schedule I coal mines by way of public auction

and details of fees under sub-section (1) of section 4;

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

licence or mining lease and the manner and conditions of competitive bidding under

sub-section (2) of section 4;

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

in respect of a company having a coal linkage under sub-section (3) of section 4;

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

under sub-section (4) of section 4;

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

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

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

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

the vesting or allotment orders under sub-section (4) of section 6;

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

nominated authority and other officers and staff under sub-section (6) of section 6;

(i) the manner of notifying the particulars of Schedule I coal mines to be auctioned

and furnishing of required information by the prior allottees under sub-section (1) of

section 8;

(j) the manner of conducting auction and drawing of a vesting order under

sub-section (3) of section 8;

(k) determination of floor price by the nominated authority under

sub-section (5) of section 8;

(l) the form and manner of furnishing of bank guarantee and the time within

which such furnishing of bank guarantee under sub-section (6) of section 8;

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

(n) the manner of establishing title of movable property by the prior allottee or

third party who has a contract with the prior allottee for the movable property under

the first proviso to sub-section (5) of section 10;

(o) the manner of receiving compensation from the sale proceeds of the movable

property under the second proviso to sub-section (5) of section 10;

(p) the manner in which the secured creditor paid out of the compensation in

respect of any prior allottee under sub-section (2) of section 12;

(q) the manner of collection of additional levy by the Central Government from

the prior allottees of Schedule II coal mines under sub-section (5) of section 14;

(r) the salaries and allowances and other terms and conditions of service of the

Commissioner of payments and other officers and staff under sub-section (4) of

section 15;

(s) the manner of determination of compensation payable to prior allottee and

the lodging of registered sale deeds with the nominated authority under sub-section

(1) of section 16;

(t) the method of determination of compensation for mine infrastructure in relation

to Schedule I and its reflection in the statutorily audited balance sheet under

sub-section (2) of section 16;

(u) the manner of transfer of the management and operation of any Schedule II

coal mines by the designated custodian under sub-section (6) of section 19;

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

by the designated custodian under sub-section (7) of section 19;

(w) the manner of providing agreements or arrangements for optimum utilisation

of coal mine for specified end-uses under sub-section (1) of section 20;

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

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

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

(3) Every rule made and every notification issued 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 the successive sessions aforesaid, both Houses agree in making

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

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

form or be of no effect, as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done under that

rule or notification .

32. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for

removing the difficulty:

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

the date of commencement of this Act.

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

before each House of Parliament.

33. (1) The Coal Mines (Special Provisions) Second Ordinance, 2014 is hereby repealed.

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

Ordinance, shall, without prejudice to the judgment of the Supreme Court dated 25th August,

2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal)

No. 120 of 2012, be deemed to have been done or taken under the corresponding provisions

of this Act.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

SCHEDULE I

[See section 3(1)(p)]

Sl. Name of Coal Name of Prior Allottee       State where Coal Mine/Block Located

No. Mine/Block                                                  

1              2                             3                                             4

1 Tadicherla-I Andhra Pradesh Power Generation Corpn. Ltd. Telangana

2 Anesttipali Andhra Pradesh Power Generation Corpn. Ltd. Telangana

3 Punkula-Chilka Andhra Pradesh Power Generation Corpn. Ltd. Telangana

4 Penagaddppa Andhra Pradesh Power Generation Corpn. Ltd. Telangana

5 Namchik Namphuk Arunachal Pradesh Mineral Dev. & Trading Corporation Arunachal Pradesh

6 Sayang AES Chhattisgarh Energy Pvt. Ltd Chhattisgarh

7 Rajgamar Dipside API Ispat & Powertech Pvt. Ltd., CG Sponge Manufacturers

(Deavnara) Consortium Coalfield Pvt. Ltd. Chhattisgarh

8 Durgapur-II/ Bharat Aluminium Company Ltd. Chhattisgarh

Taraimar

9 Datima Binani Cement Ltd. Chhattisgarh

10 Tara Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

11 Gare-Palma, Sector-I Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

12 Shankarpur Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

Bhatgaon II Extn.

13 Sondhia Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

14 Parsa Chhattisgarh State Electricity Board Chhattisgarh

15 Vijay Central Coal India Limited, SKS Ispat & Power Ltd. Chhattisgarh

16 Gidhmuri Chhattisgarh State Electricity Board Chhattisgarh

17 Paturia Chhattisgarh State Electricity Board Chhattisgarh

18 Durgapur-II /Sarya DB Power Ltd. Chhattisgarh

19 Bhaskarpara Electrotherm (India) Ltd., Grasim Industries Ltd. Chhattisgarh

20 West of Umaria Sainik Finance and Industries Ltd. ( Earlier Garuda Clays Ltd.) Chhattisgarh

21 Morga II Gujarat Mineral Development Corporation Chhattisgarh

22 Gare-Palma Sector-III Goa Industrial Development Corporation Chhattisgarh

23 Madanpur South Hindustan Zinc Ltd., Akshya Investment Pvt. Ltd., Chhattisgarh

Chhattisgarh Steel & Power Ltd., Chhattisgarh

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

Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Cos. )

24 Nakia I Ispat Godavari Ltd., Ind Agro Synergy Ltd., Chhattisgarh

Shri Nakoda Ispat Ltd., Vandana Global Ltd.,

Shree Bajrang Power & Ispat Ltd.

25 Nakia II Ispat Godavari, Ind Agro Synergy, Shri Nakoda Ispat, Chhattisgarh

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

26 Gare-Palma- IV/4 Jayaswal Neco Ltd. Chhattisgarh

27 Gare-Palma- IV/8 Jayaswal Neco Ltd. Chhattisgarh

28 Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh

29 Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

30 Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd. ) Chhattisgarh

31 Gare-Palma IV/6 Jindal Steel & Power Ltd., Nalwa Sponge Iron Ltd. Chhattisgarh

32 Fatehpur East JLD Yavatmal Energy Ltd., R.K.M. Powergen Pvt. Ltd., Chhattisgarh

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

33 Morga-I Madhya Pradesh State Mining Corporation Limited Chhattisgarh

34 Morga-III Madhya Pradesh State Mineral Corporation Limited Chhattisgarh

35 Morga-IV Madhya Pradesh State Mineral Corporation Limited Chhattisgarh

36 Gare-Palma Sector-II Maharashtra State Mining Corpn. Ltd. Chhattisgarh

Tamil Nadu State Electricity Board

37 Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh

38 Rajgamar Dipside Monnet Ispat and Energy Ltd., Topworth Steel Pvt. Ltd. Chhattisgarh

(South of

Phulakdih Nala)

39 Talaipali National Thermal Power Ltd. Chhattisgarh

40 Chotia Prakash Industries Ltd. Chhattisgarh

41 Gare-Palma-IV/7 Raipur Alloys & Steel Ltd. (Now Sarda Energy and Chhattisgarh

Mineral Limited)

42 Parsa East Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh

43 Kesla North Rathi Udyog Ltd. Chhattisgarh

44 Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh

45 Panchbahani Shree Radhe Industries Ltd. Chhattisgarh

46 Fatehpur SKS Ispat and Power Ltd., Prakash Industries Ltd. Chhattisgarh

47 Madanpur (North) Ultratech Ltd., Singhal Enterprise Ltd. , Nav Bharat Coalfield Ltd., Chhattisgarh

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

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

(Consortium of five Co. )

48 Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand

49 Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand

50 Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand

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

52 Patal East Bhushan Power and Steel Ltd. Jharkhand

53 Saria Koiyatand Bihar Rajya Khanij Vikas Nigam (BRKVN) Patna. Jharkhand

54 Macherkunda Bihar Sponge Iron Ltd. Jharkhand

55 Brahmadiha Castron Technologies Ltd. Jharkhand

56 Mahuagarhi Calcutta Electricity Supply Corporation Ltd. (CESC), Jharkhand

Jas Infrastructure Capital Pvt. Ltd.

57 Chitarpur Corporate Ispat Alloys Ltd. Jharkhand

58 Saharpur Jamarpani Damodar Valley Corporation Jharkhand

59 Lalgarh (North) Domco Smokeless Fuel Pvt. Ltd. Jharkhand

60 Parbatpur-Central Electrosteel castings Ltd. Jharkhand

61 Chakla Essar Power Ltd. Jharkhand

62 Ashok Karkatta Essar Power Ltd. Jharkhand

Central

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

63 Jainagar Gujarat Mineral Development Corporation (GMDC) Jharkhand

64 Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand

65 Tubed Hindalco Industries Ltd., Tata Power Company Ltd. Jharkhand

66 Moitra Jayaswal Neco Ltd. Jharkhand

67 North Dhadu Jharkhand Ispat Pvt. Ltd., Pavanjay Steel & Power Ltd., Jharkhand

Electrosteel castings Ltd., Adhunik Alloys & Power Ltd.

68 Banhardih Jharkhand State Electricity Board Jharkhand

69 Sugia Closed mine Jharkhand State Mineral Development Corporation Jharkhand

70 Rauta Closed mine Jharkhand State Mineral Development Corporation Jharkhand

71 Burakhap small patch Jharkhand State Mineral Development Corporation Jharkhand

72 Pindra-Debipur- Jharkhand State Mineral Development Corporation Ltd. Jharkhand

Khaowatand

73 Latehar Jharkhand State Mineral Development Corporation Ltd. Jharkhand

74 Patratu Jharkhand State Mineral Development Corporation Ltd. Jharkhand

75 Rabodih OCP Jharkhand State Mineral Development Corporation Ltd. Jharkhand

76 Jogeshwar & Khas Jharkhand State Mineral Development Corporation Jharkhand

Jogeshwar

77 Jitpur Jindal Steel & Power Ltd. Jharkhand

78 Amarkonda Jindal Steel and Power Ltd.,Gagan Sponge Iron Pvt. Ltd. Jharkhand

Murgadangal

79 Urma Paharitola Jharkhand State Electricity Board, Bihar State Jharkhand

Mineral Development Corporation Ltd.

80 Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jharkhand

Jai Balaji Industries Ltd.

81 Gomia Metals and Minerals Trading Corporation Jharkhand

82 Rajhara North Mukund Limited,Vini Iron & Steel Udyog Limited Jharkhand

(Central & Eastern)

83 Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand

84 Kerandari National Thermal Power Ltd. Jharkhand

85 Chhatti Bariatu National Thermal Power Ltd. Jharkhand

86 Chhati Bariatu South National Thermal Power Ltd. Jharkhand

87 Brahmini National Thermal Power Ltd.+ Coal India Limited JV Jharkhand

88 Chichro Patsimal National Thermal Power Ltd.+ Coal India Limited JV Jharkhand

89 Pachwara Central Punjab State Electricity Board Jharkhand

90 Mahal Rashtriya Ispat Nigam Limited Jharkhand

91 Tenughat-Jhirki Rashtriya Ispat Nigam Limited Jharkhand

92 Bundu Rungta Mines Limited Jharkhand

93 Mednirai Rungta Mines Limited, Kohinoor Steel (P) Ltd. Jharkhand

94 Choritand Tiliaya Rungta Mines Limited, Sunflag Iron & Steel Co. Ltd. Jharkhand

95 Sitanala Steel Authority of India Ltd. Jharkhand

96 Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand

97 Badam Tenughat Vidyut Nigam Limited Jharkhand

1 2 3 4

18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

98 Rajbar E&D Tenughat Vidyut Nigam Limited Jharkhand

99 Gondulpara Tenughat Vidyut Nigam Limited, Damodar Valley Corporation Jharkhand

100 Kotre-Basantpur Tata Iron and Steel Co. Ltd. ( Now Tata Steel Ltd.) Jharkhand

101 Pachmo Tata Iron and Steel Co. Ltd. ( Now Tata Steel Ltd.) Jharkhand

102 Lohari Usha Martin Ltd. Jharkhand

103 Kathautia Usha Martin Ltd. Jharkhand

104 Pachwara North West Bengal Power Development Corporation Limited (WBPDCL) Jharkhand

105 Suliyari Andhra Pradesh Mineral Development Corporation Madhya Pradesh

106 Bikram Birla Corporation Ltd. Madhya Pradesh

107 Gotitoria (East) BLA Industries Ltd. Madhya Pradesh

108 Gotitoria (West) BLA Industries Ltd. Madhya Pradesh

109 Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh

110 Mandla North Jaipraskash Associates Ltd. Madhya Pradesh

111 Urtan North Jindal Steel & Power Ltd., Monet Ispat and Energy Ltd. Madhya Pradesh

112 Thesgora-B/ Kamal Sponge Steel & Power Limited, Revati Cement P. Ltd. Madhya Pradesh

Rudrapuri

113 Amelia Madhya Pradesh State Mining Corporation Madhya Pradesh

114 Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh

115 Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh

116 Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh

117 Marki Barka Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh

118 Semaria/Piparia Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh

119 Bicharpur Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh

120 Tandsi-III & Mideast Integrated Steels Ltd. Madhya Pradesh

Tandsi -III (Extn.)

121 Sahapur East National Mineral Dev. Corp. Madhya Pradesh

122 Sahapur West National Mineral Dev. Corp. Madhya Pradesh

123 Mara II Mahan NCT of Delhi, Delhi, Haryana Power Generation Madhya Pradesh

Corp. Ltd . (HPGCL)

124 Sial Ghoghri Prism Cement Limited Madhya Pradesh

125 Brahampuri Pushp Steel and Mining Ltd. Madhya Pradesh

126 Rawanwara North SKS Ispat Limited Madhya Pradesh

127 Bander AMR Iron & Steels Pvt. Ltd., Century Textiles & Maharashtra

Industries Ltd., J.K.Cement Ltd.

128 Marki Mangli-I B.S. Ispat Ltd. Maharashtra

129 Takli-Jena- Central Collieries Co. Ltd. and Lloyds Metals & Engineering Ltd. Maharashtra

Bellora (North) &

Takli-Jena-

Bellora (South)

130 Dahegaon/ IST Steel & Power Ltd., Gujarat Ambuja Cement Ltd., Maharashtra

Makard hokra- IV Lafarge India Pvt. Ltd.

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

Kesoram Industries Ltd.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

132 Marki-Zari- Maharashtra State Mining Corpn. Ltd. Maharashtra

Jamani-Adkoli

133 Lohara (East) Murli Industries Ltd., Grace Industries Ltd. Maharashtra

134 Khappa & Extn. Sunflag Iron & Steel Ltd., Dalmia Cement (Bharat) Ltd. Maharashtra

135 Lohara West Extn. Adani Power Ltd. Maharashtra

136 Warora West (North) Bhatia International Ltd. Maharashtra

137 Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra

138 Warora (West) Fieldmining & Ispat Ltd. Maharashtra

Southern Part

139 Chinora Fieldmining & Ispat Ltd. Maharashtra

140 Majra Gondwana Ispat Ltd. Maharashtra

141 Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd. Maharashtra

142 Baranj - I Karnataka Power Corp. Ltd. (KPCL) Maharashtra

143 Baranj - II Karnataka Power Corp. Ltd. (KPCL) Maharashtra

144 Baranj - III Karnataka Power Corp. Ltd. (KPCL) Maharashtra

145 Baranj - IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra

146 Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra

147 Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra

148 Agarzari Maharashtra State Mining Corporation Limited (MSMCL) Maharashtra

149 Warora Maharashtra State Mining Corporation Limited (MSMCL) Maharashtra

150 Bhandak West Shree Baidyanath Ayurved Bhawan Ltd. Maharashtra

151 Marki Mangli-II Shree Veerangana Steel Limited. Maharashtra

152 Marki Mangli-III Shree Veerangana Steel Limited. Maharashtra

153 Marki Mangli-IV Shree Veerangana Steel Limited. Maharashtra

154 Belgaon Sunflag Iron & Steel Co. Ltd. Maharashtra

155 Mandakini B Assam Mineral Dev. Corporation Ltd., Meghalaya Odisha

Mineral Dev. Corp., Tamil Nadu Electricity Board,

Odisha Mining Corporation Ltd.

156 New Patrapara Bhusan Steel & Strips Ltd., Adhunik Metaliks Ltd., Odisha

Deepak Steel & Power Ltd., Adhunik Corp. Ltd.,

Odisha Sponge Iron Ltd., SMC Power Generation Ltd.,

Sree Metaliks Ltd.,Visa Steel Ltd.

157 Bijahan Bhushan Ltd., Shri Mahavir Ferro Alloys Pvt. Limited Odisha

158 Jamkhani Bhushan Ltd. Odisha

159 Naini Gujarat Mineral Development Corporation, Puducherry Industrial Odisha

Promotion Development and Investment Corporation Limited

160 Mahanadi Gujarat State Electricity Corporation Limited, Maharashtra Odisha

State Electricity Board

161 Machhakata Gujarat State Electricity Corporation Limited, Maharashtra Odisha

State Electricity Board

162 Talabira-I Hindalco Industries Ltd. Odisha

163 Ramchandi Jindal Steel & Power Limited Odisha

Promotion Block

20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

164 Utkal B 1 Jindal Steel & Power Ltd. Odisha

165 Baitarni West Kerala State Electricity Board, Odisha Hydro Power Corp., Odisha

Gujarat Power Corporation Ltd.

166 Talabira II & III Mahanadi Coalfields Ltd. (MCL), Neyveli Lignite Corporation Ltd., Odisha

Hindalco Industries Ltd.

167 Utkal-A Mahanadi Coalfields Ltd. (MCL), JSW Steels Ltd., Odisha

Jindal Thermal Power Comp. Ltd., Jindal Stainless Steels Ltd.,

Shyam DRI Ltd.

168 Utkal-B2 Monet Ispat Ltd. Odisha

169 Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power Odisha

Company Ltd.

170 Utkal 'E' National Aluminium Corporation Odisha

171 Dulanga National Thermal Power Corporation Odisha

172 Utkal-D Odisha Mining Corporation Odisha

173 Nuagaon Telisahi Odisha Mining Corporation, Andhra Pradesh Mineral Odisha

Development (APMDC)

174 Manoharpur Odisha Power Generation Corporation Odisha

175 Dipside Manoharpur Odisha Power Generation Corporation Odisha

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

177 Rampia Sterlite Energy Ltd., (IPP), GMR Energy Ltd. (IPP), Odisha

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

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

178 Dip Side of Rampia Sterlite Energy Ltd., (IPP), GMR Energy (IPP), Odisha

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

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

179 North of Arkhapal Strategic Energy Technology Systems Limited (SETSL) Odisha

Srirampur

180 Radhikapur(East) Tata Sponge Iron Ltd, Scaw Industries Ltd., SPS Sponge Iron Ltd. Odisha

181 Chendipada Uttar Pradesh Rajya Vidut Utpadan Limited, Odisha

Chattishgarh Mineral Development Corporation Limited,

Maharashtra State Power Generation Corporation Ltd.

182 Chendipada-II Uttar Pradesh Rajya Vidut Utpadan Limited, Chattishgarh Odisha

Mineral Development Corporation Limited, Maharashtra State

Power Generation Corporation Ltd.

183 Utkal-C Utkal Coal Ltd. (formerly ICCL) Odisha

184 Biharinath Bankura DRI Mining Manufacturers Co. Pvt. Ltd. West Bengal

185 Andal East Bhushan Steel Ltd., Jai Balaji Industries Ltd., Rashmi Cement Ltd. West Bengal

186 Barjora (North) Damodar Valley Corporation West Bengal

187 Kagra Joydev Damodar Valley Corporation West Bengal

188 Kasta (East) Damodar Valley Corporation West Bengal

189 Gourangdih ABC Himachal EMTA Power Ltd., JSW Steel Ltd. West Bengal

190 Moira-Madhujore Ramsarup Lohh Udyog Ltd., Adhunik Corporation Ltd., West Bengal

Uttam Galva Steels Ltd., Howrah Gases Ltd.,Vikas Metal &

Power Ltd., ACC Ltd.

191 Sarisatolli Calcutta Electricity Supply Corporation Ltd. West Bengal

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

192 Ardhagram Sova Ispat Limited, Jaibalaji Sponge Ltd. West Bengal

193 Tara (West) West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

194 Gangaramchak West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

195 Barjora West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

196 Gangaramchak- West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

Bhadulia

197 Tara (East) West Bengal State Electricity Board West Bengal

198 Jaganathpur B West Bengal Mineral Development & Trading Corp. West Bengal

199 Sitarampur West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

200 Trans Damodar West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

201 Ichhapur West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

202 Kulti West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

203 Jaganathpur A West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

204 East of Damogoria West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

(Kalyaneshwari)

22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

SCHEDULE II

[See section 3(1)(q)]

Sl. Name of Coal                                 Name of Prior Allottee State where Coal

No. Mine/Block                                                   Mine/Block  Located

1              2                              3                                             4

1 Namchik Namphuk Arunachal Pradesh Mineral Dev. & Trading Corporation Arunachal Pradesh

2 Gare-Palma- IV/4 Jayaswal Neco Ltd. Chhattisgarh

3 Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh

4 Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh

5 Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd .) Chhattisgarh

6 Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh

7 Chotia Prakash Industries Ltd. Chhattisgarh

8 Gare-Palma-IV/7 Raipur Alloys & Steel Ltd. (Now Sarda Energy and Mineral Limited) Chhattisgarh

9 Parsa East Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh

10 Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh

11 Parbatpur-Central Electrosteel Castings Ltd. Jharkhand

12 Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand

13 Pachwara Central Punjab State Electricity Board Jharkhand

14 Kathautia Usha Martin Ltd. Jharkhand

15 Pachwara North West Bengal Power Development Corporation Limited (WBPDCL) Jharkhand

16 Gotitoria (East) BLA Industries Ltd. Madhya Pradesh

17 Gotitoria (West) BLA Industries Ltd. Madhya Pradesh

18 Mandla North Jaipraskash Associates Ltd. Madhya Pradesh

19 Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh

20 Bicharpur Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh

21 Sial Ghoghri Prism Cement Limited Madhya Pradesh

22 Marki Mangli-I B.S. Ispat Ltd. Maharashtra

23 Baranj - I Karnataka Power Corp. Ltd. (KPCL) Maharashtra

24 Baranj - II Karnataka Power Corp. Ltd. (KPCL) Maharashtra

25 Baranj - III Karnataka Power Corp. Ltd. (KPCL) Maharashtra

26 Baranj - IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra

27 Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra

28 Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra

29 Marki Mangli-II Shree Veerangana Steels Limited. Maharashtra

30 Marki Mangli-III Shree Veerangana Steels Limited. Maharashtra

31 Belgaon Sunflag Iron & Steel Co. Ltd Maharashtra

32 Talabira-I Hindalco Industries Ltd. Odisha

33 Barjora (North) Damodar Valley Corporation West Bengal

34 Kagra Joydev Damodar Valley Corporation West Bengal

35 Sarisatolli Calcutta Electricity Supply Corporation Ltd. West Bengal

36 Ardhagram Sova Ispat Limited, Jai Balaji Sponge Ltd. West Bengal

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

37 Tara (West) West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

38 Gangaramchak West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

39 Barjora West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

40 Gangaramchak- West Bengal Power Development Corporation Limited (WBPDCL) West Bengal

Bhadulia

41 Tara (East) West Bengal State Electricity Board West Bengal

42 Trans Damodar West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

1 2 3 4

SCHEDULE III

[See section 3(1)(r)]

Sl. Name of Coal Name of Prior Allottee State where Coal

No. Mine/Block Mine/Block

Located

1 2 3 4

1 Durgapur-II/ Bharat Aluminium Company Ltd. Chhattisgarh

Taraimar

2 Durgapur-II /Sarya DB Power Ltd. Chhattisgarh

3 Gare-Palma Sector-III Goa Industrial Development Corporation Chhattisgarh

4 Gare-Palma IV/8 Jayaswal Neco Ltd. Chhattisgarh

5 Talaipali National Thermal Power Ltd. Chhattisgarh

6 Chatti Bariatu National Thermal Power Ltd. Jharkhand

7 Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh

8 Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh

9 Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh

10 Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra

11 Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd. Maharashtra

12 Marki Mangli-IV Shree Veerangana Steel Limited. Maharashtra

13 Jamkhani Bhushan Ltd. Odisha

14 Utkal B 1 Jindal Steel & Power Ltd. Odisha

15 Utkal-B 2 Monet Ispat Ltd. Odisha

16 Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power Odisha

Company Ltd.

17 Utkal-C Utkal Coal Ltd. (formerly ICCL) Odisha

18 Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand

19 Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand

20 Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand

21 Moitra Jayaswal Neco Ltd Jharkhand

22 Jitpur Jindal Steel & Power Ltd. Jharkhand

23 Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Jharkhand

Industries Ltd.

24 Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand

25 Kerandari National Thermal Power Ltd. Jharkhand

26 Sitanala Steel Authority of India Ltd. Jharkhand

27 Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand

28 Badam Tenughat Vidyut Nigam Limited Jharkhand

29 Tara Chhattisgarh Mineral Development Corporation Ltd. Chhattisgarh

30 Lohari Usha Martin Ltd. Jharkhand

31 Dulanga National Thermal Power Corporation Odisha

32 Manoharpur Odisha Power Generation Corporation Odisha

24

SCHEDULE IV

(See section 28)

PART A

THE COAL MINES (NATIONALISATION) ACT, 1973

(26 OF 1973)

1. In the Coal Mines (Nationalisation) Act, 1973 (herein referred to as the principal

Act), in sub-section (1) of section 1A, after the word and figure "section 3", the word, figure

and letter ", section 3A" shall be inserted.

2. After section 3 of the principal Act, the following section shall be inserted, namely:—

'3A. (1) Notwithstanding anything contained in this Act, any person being—

(a) a Government company or corporation or a joint venture company

formed by such company or corporation or between the Central Government or

the State Government, as the case may be, or any other company incorporated

in India; or

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

companies,

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

consumption, sale or for any other purpose in accordance with the prospecting

licence or mining lease, as the case may be.

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

so as to ensure the coordinated and scientific development and utilisation of coal

resources consistent with the growing requirements of the country, from time to time,

prescribe—

(i) the coal mines or coal bearing areas and their location;

(ii) the minimum size of the coal mine or coal bearing areas;

(iii) such other conditions,

which in the opinion of that Government may be necessary for the purpose of

coal mining operations or mining for sale by a company.

Explanation.—For the purposes of this section, "company" means a company as

defined in clause (20) of section 2 of the Companies Act, 2013.'.

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

clause shall be inserted, namely:—

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

the coal mine or coal bearing areas, and such other conditions which may be necessary

for the purpose of coal mining operations including mining for sale by a company

under sub-section (2) of section 3A.".

PART B

THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957

(67 OF 1957)

1. In the Mines and Minerals (Development and Regulation) Act, 1957 (herein referred

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

25

26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

'11A. (1) Notwithstanding anything contained in this Act, the Central Government

may, for the purpose of granting reconnaissance permit, prospecting licence or mining

lease in respect of any area containing coal or lignite, select any of the following

companies through auction by competitive bidding, on such terms and conditions as

may be prescribed, namely:—

(a) a Government company or corporation or a joint venture company

formed by such company or corporation or between the Central Government or

the State Government, as the case may be, or any other company incorporated

in India; or

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

companies,

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

consumption, sale or for any other purpose in accordance with the permit,

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

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

mines referred to in sub-section (1), so as to ensure the coordinated and scientific

development and utilisation of resources consistent with the growing requirements of

the country, from time to time, prescribe—

(i) the details of mines and their location;

(ii) the minimum size of such mines;

(iii) such other conditions,

which in the opinion of that Government may be necessary for the purpose of

mining operations or mining for sale by a company.

(3) The State Government shall grant such reconnaissance permit, prospecting

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

as selected through auction by competitive bidding or otherwise under this section:

Provided that the auction by competitive bidding under this section shall not be

applicable to an area containing coal or lignite—

(a) where such area is considered for allocation to a Government company

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

or between the Central Government or the State Government, as the case may

be;

(b) where such area is considered for allocation to a company or corporation

or that has been awarded a power project on the basis of competitive bids for

tariff (including Ultra Mega Power Projects).

Explanation.—For the purposes of this section, "company" means a company

as defined in clause (20) of section 2 of the Companies Act, 2013.'. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

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

clause shall be substituted, namely:—

"(d) the terms and conditions of auction by competitive bidding, the details of

mines and their location, the minimum size of such mines and such other conditions

which may be necessary for the purpose of coal mining operations including mining

for sale by a company under sub-section (1) and sub-section (2) of section 11A.".

————

DR. SANJAY SINGH,

Secretary to the Govt. of India.

GMGIPMRND—5618GI(S3)—31-03-2015.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015.