COAL MINES (NATIONALISATION) ACT, 1973
(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.
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.]
&
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;
(c) "company" means a company as defined in section 3 of the Companies Act, 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;
&nb
(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[(2) x x x]
2[(3) On and from the commencement of the Coal Mines (Nationalisation) Amendment Act, 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 such Government, company or corporation, or
3[(iii) a company engaged in--
(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 mine1[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 be1[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.
&
(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.
(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
(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
(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 relati
[(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.
1[(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
(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, 4 and 5, payable to such owner under the coal Mines (Taking Over of Management) Act, 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 fif
(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, 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;
(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
(1) On the vesting of the management of a coal mine in a Government company or on appointment of a Custodian, all persons incharge 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.
The Custodian of every coal mine shall maintain the accounts of such mine in such manner and under such conditions as may be prescribed.
Notwithstanding anything contained in the Industrial Disputes Act, 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. Substituted by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 14 (w.r.e.f. 1-5-1973).
(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 with by that Government or company, as the case may be, in such manner as may be prescribed.
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.
(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 execisable 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 all
(1) The Central Government shall, within thirty days from the specified date,1pay, 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.
(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 to2[the period] during which the management of the coal mine remains vested in the Central Government3[and simple interest at the rate of four per cent. per annum on such amount for the period commencing on the 1st day of June, 1975 and ending on the date of payment of such payment to the Commissioner].
(3) A deposi
(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, 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 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 local mines owned by such owner.
(2) All amounts received by th
(1) Not withstanding anything contained in section 2 as amended by section 10 of the Coal Mines Nationalisation Laws (Amendment) Act, 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 appointed 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.]
________________________
1. Inserted by the Coal Mines Nationalisation Laws (Amendment) Act (22 of 1978), Section. 12 (27-5-78).
[(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.
1[(2) Without prejudice to the provisions of sub-section (1), claims in relation to a provident fund, pension fund, gratuity 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 Pen
(1) Every person employed by the owner of 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, 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 providend 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.
&nb
(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 have priority over all other debts and shall be paid in accordance with the rights and interest 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, 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 Workmen's Compensation Act, 1923, in respect of the death o
(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.
(4) The Commissioner shall, a
The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under section 23.]
________________________
1 . Inserted by Coal Mines Natioalisation Laws (Amendment) Act (22 of 1978), Section. 15 (27-5-78).
Where, after meeting the claims admitted by him, of secured creditors, 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.
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 appointed day shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the Commissioner under section 18.]
________________________
1 . Inserted by the Coal Mines Natioalisation Laws (Amendment) Act (22 of 1978), Section. 16 (w.r.e.f. 1-5-73).
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 claim 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.]
________________________
1 . Substituted by the Coal Mines Natioalisation
(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, t
(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 shall refer the matter to the Court and make the disbursement in accordance with the decision of the Court.
(3) F
Any money paid to the Commissioner which remains undisbursed or unclaimed for a period of1[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 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.
________________________
1 . Substituted for the words "three years from the last day on which the disbursement was made" by the Coal Mines Nationalisation Laws (Amendment) Act (22 of 1978), Section. 18 (27-5-78).
This 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.
(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
[(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
(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 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 cl
(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 attribu
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.
(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.
(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.
(3) Every rule made by the Central Gover
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.
THE SCHEDULE
[Sections 3, 8 and 18]
Sl. No. Name of the mine Location of the mine Name and address of owners of the mine Amount (in rupees)
1 2 3 4 5
ASSAM
Jeypore Coal field
1. Bimalpore ... Post Office Sibsagar Bimalpore Collieries Limited, Post Office, Sibsagar. 4,000
2. Dilli . ... Post Office Banhat, Sibasagar Dilli Collieries Association Limited, Post Office Tinsukia. 4,000
3. Jeypore ... Post Office Namrup Jeypore Collieries (Private) Limited, Post Office Namrup. 75,000
Makum Coalfield, Lakhimpur
&nbs
The Schedule 1 of the Coal Mines (Nationalisation) Act, 1973, delineates the specific coal mines whose rights, interests, and ownership were intended to be transferred to the Central Government upon enactment. It forms the core list of mines affected by the nationalisation process, serving as the basis for the legal transfer of ownership and management rights.
Schedule 1 enumerates the names, locations, and owners of the coal mines that are subject to transfer of rights, title, and interest from private owners to the Central Government. It provides a detailed list of these mines, including their specific locations and ownership details, which are deemed to have vested in the Union of India from the appointed date (May 1, 1973).
While Schedule 1 itself does not specify penalties, violations relating to unauthorized operations or interference with the vesting could attract penalties under the broader provisions of the Act, including Section 30 (Offences) and other penal clauses.
"Enumeration" - Schedule 1 provides a detailed list of mines affected by nationalisation, establishing clear boundaries for legal transfer of rights. [Source: "New Satgram Engineering Works: Union Of India VS Union Of India: New Satgram Engineering Works"]
"Vesting" - The mines listed are deemed to have vested in the Central Government from the appointed date, effecting a transfer of ownership rights. [Source: "New Satgram Engineering Works: Union Of India VS Union Of India: New Satgram Engineering Works"]
"Ownership Transfer" - The schedule signifies the transfer of rights, which includes ownership, control, and associated assets, unless explicitly excluded. [Source: "Coal India Limited VS Khirod Chandra Chakraborty and another, Respon-dents"]
"Scope" - The scope is limited to mines expressly listed; mines not included remain under private ownership unless subsequent legislation declares otherwise. [Source: "Coal India Limited VS Khirod Chandra Chakraborty and another, Respon-dents"]
"Legal Presumption" - Mines listed in Schedule 1 are presumed to have transferred ownership to the Union of India, affecting proprietors' rights. [Source: "New Satgram Engineering Works: Union Of India VS Union Of India: New Satgram Engineering Works"]
"Assets Included" - Assets such as land, machinery, and buildings used for mining are included if they are part of the mine as per the definition in the Act. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Vesting Effect" - The schedule's enumeration creates a legal effect whereby the listed mines' rights and assets are deemed to have transferred, impacting ownership and management. [Source: "Coal India Limited VS Khirod Chandra Chakraborty and another, Respon-dents"]
"Implication for Proprietors" - The owners lose proprietary rights over mines listed, which are deemed to have vested in the Central Government, affecting property rights. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Scope of Assets" - The schedule's scope extends to associated machinery, land, and structures used in or adjacent to the mines, as per the definitions in the Act. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Legal Certainty" - The detailed listing in Schedule 1 provides legal certainty regarding which mines are affected, reducing disputes over inclusion. [Source: "Tara Prasad Singh VS Union Of India"]
"Exclusion of Non-Listed Mines" - Mines not listed in Schedule 1 are not automatically vested; their ownership remains with private owners unless legislation is enacted later. [Source: "Coal India Limited VS Khirod Chandra Chakraborty and another, Respon-dents"]
"Effect on Assets" - Assets outside the scope of the schedule, even if physically part of the mine, are not deemed transferred unless included explicitly. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Legislative Intent" - The schedule reflects legislative intent to define precisely which mines are subject to nationalisation, aligning with constitutional provisions. [Source: "Bharat Coking Coal VS State of Bihar (now Jharkhand)"]
"Legal Consequence" - Mines listed in Schedule 1 are subject to the restrictions, management transfer, and ownership deemed to have occurred under the Act. [Source: "New Satgram Engineering Works: Union Of India VS Union Of India: New Satgram Engineering Works"]
"Ownership Rights" - The enumeration signifies the transfer of ownership rights, affecting proprietors' legal title and control over the mines. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Asset Transfer" - The schedule's enumeration is the basis for the legal transfer of all assets related to the mines, including machinery, land, and buildings, unless explicitly excluded. [Source: "Tara Prasad Singh VS Union Of India"]
"Legal Certainty and Disputes" - The explicit listing minimizes disputes regarding the scope of nationalisation, providing clarity for owners and authorities. [Source: "Coal India Limited VS Khirod Chandra Chakraborty and another, Respon-dents"]
"Impact on Proprietors" - Owners lose proprietary rights over mines listed; their rights are deemed transferred to the State, affecting property rights and subsequent dealings. [Source: "KARAM CHAND THAPAR VS J. G. KUMARAMANGALAM"]
"Scope Limitation" - The schedule limits the scope of nationalisation to the mines listed, leaving others unaffected unless legislated upon separately. [Source: "Bharat Coking Coal VS State of Bihar (now Jharkhand)"]
Note: The interpretation of Schedule 1 is crucial for understanding the scope of property rights affected by the 1973 Act. The detailed enumeration ensures clarity but also emphasizes the importance of precise listing to determine which mines and related assets are subject to transfer and vesting.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.