COKING COAL MINES (EMERGENCY PROVISIONS) ACT, 1971
(1) This Act may be called the Coking Coal Mines (Emergency Provisions) Act, 1971.
(2) It shall be deemed to have come into force on the 16th day of October, 1971.
In this Act, unless the context otherwise requires,--
(a) "appointed day" means the 17th day of October, 1971;
(b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on and includes--
(i) all lands, buildings, works, machinery and equipment, vehicles, railways, tramways and sidings, adjacent to, and belonging to, or in, the coke oven plant,
(ii) all workshops belonging to the coke oven plant including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand,
(iii) all hard coke in stock or in transit or under production, and other stores, stocks and instruments, belonging to the co
(1) On and from the appointed day, the management of all coking coal mines shall vest in the Central Government.
(2) The coking coal mines specified in the First Schedule shall be deemed, for the purposes of this Act, to be the coking coal mines the management of which shall vest, under sub-section (1), in the Central Government:
Provided that if, after the appointed day, any other coal mine is found, after an investigation made by the Coal Board, to contain coking coal, that Board shall make a declaration to that effect and on and from the date of such declaration, such mine shall be deemed, for the purposes of this Act,--
(i) (sic) in the Central Government: and
(ii) to be included in the First Schedule, and thereupon, the provisions of this Act s
(1) Pending the appointment of a Custodian under section 5 for any coking coal mine, the person in charge of the management of such mine immediately before the appointed day shall, on and from the appointed day, be in charge of the management of such mine for and on behalf of the Central Government; and the management of such mine shall be carried on by such person subject to the previsions contained in sub-sections (3) and (5) and such directions, if any, as the Central Government may give to him and no other person including the owner, shall, so long as such management continues, exercise any powers of management in relation to the coking coal mine.
(2) Any contract, whether express or implied, providing for the management of any coking coal mine, made before the appointed day between the owner of such mine and any person in charge of the management of such mine immediately befor
(1) The Central Government may, as soon as it is convenient administratively so to do, appoint any person as Custodian far the purpose of taking over the management of the coking coal mine and the person so appointed shall carry on the management of such mine for and on behalf of the Central Government.
(2) (a) The Central Government may also appoint a person as the Custodian-General for exercising supervision and control over all the coking coal mines the management of which is taken over under this Act, and on such appointment, every Custodian, appointed under sub-section (1), shall act under the guidance, control and supervision of the Custodian-General.
(b) The Central Government may also appoint one or more persons as Additional Custodian-General or Deputy Custodian-General for assisting the Custodian-General in the exercise of his
(1) Every owner of a coking coal mine shall be given by the Central Government an amount, in cash, for vesting in it, under section 3, the management of such mine.
(2) For every month during which the management of the coking coal mine remains vested in the Central Government, the amount referred to in sub-section (I) shall be computed at the rate of twenty-five paise per tonne of coal on the highest monthly production of coal from such mine during any month in the years 1968, 1969, 1970 and 1971:
Provided that if in relation to any such coking coal mine, there was no production of coal during the said years, the amount referred to in subsection (1) shall be computed at the rate of five paise per tonne of such highest monthly coal producing capacity of the coking coal mine, before the appointed day, as may be assessed and declared by the
On and from such date as the Central Government may, by notified order, specify in this behalf (hereafter, in this Chapter, referred to as the "specified date"), the management of the coke oven plants specified in the Second Schedule shall vest in the Central Government.
(1) Every owner of a coke oven plant specified in the Second Schedule and every owner of a coke oven plant which falls within the definition of coking coal mine, shall be given by the Central "Government an amount, in cash, for vesting in it, under section 7 or section 3, as the case may be, the management of such coke oven plant.
(2) For every month during which the management of the coke oven plant remains vested in the Central Government, the amount referred to in sub-section (1) shall be computed at the rate of--
(a) seventy-five paise per tonne of by-product coke; and
(b) fifty-five paise per tonne of beehive coke, on the highest monthly production of coke from such coke oven plant during any month in the years 1968, 1969, 1970 and 1971.
(3) Fo
The provisions of sections 4 and 5 and sections 10 to 20 (both inclusive) shall apply to a coke oven plant, the management of which has vested in the Central Government under section 7, as they apply to a coking coal mine, and references therein to a coking coal mine and the appointed day shall be construed, unless the context otherwise requires, as references, respectively, to a coke oven plant and the specified date.
If any person--
(a) fails to deliver to the Custodian any assets, books of account, registers or any other document in his custody relating to the coking coal mine in respect of the management of which the Custodian has been appointed, or
(b) retains any property of such coking coal mine or removes or destroys it, or
(c) fails to comply with the provisions contained in sub-section (3) or sub-section (5) or sub-section (6) of section 4, or
(d) fails to comply with any directions issued under sub-section (1) or sub-section (4) of section 5, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupee, or with both.
(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 attributa
No proceeding for the winding up of a mining company, the management of whose coking coal mines has vested in the Central Government under this Act or for the appointment of a Receiver in respect of such business, shall lie in any Court except with the consent of the Central Government.
In computing the period of limitation prescribed by law for the time being in force for any suit or application against any person by a mining company in respect of any matter arising out of any transaction in relation to the coking coal mine, the time during which this Act is in force shall be excluded.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any. other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any Court.
(1) The Central Government may, by notified order, 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 order.
(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) No suit, prosecution or other legal proceeding shall lie against the Custodian-General, Additional Custodian-General, Deputy Custodian-General, any Custodian or authorised person in respect of anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the Custodian-General, Additional Custodian-General, Deputy Custodian-General, any Custodian or authorised person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
(2) If the Central Government is satisfied, after such inquiry as it may think fit, that any contract or agreement entered into, at any time within twelve months immediately preceding the appointed clay, between the owner or agent of a coking coal mine and any other person, has been entered into in bad faith and is detrimental to the interests of the coking coal mine, make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) the contract or agreement and thereafter the contract or agreement shall have effect accordingly:
Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard.
(2) Any person aggrieved by an order made under sub-section (1) may make an applicatio
If the Custodian is of opinion that any contract of employment entered into by any owner or agent of a coking coal mine, at any time before the appointed day, is unduly onerous, he may, by giving to the employee one month's notice in writing or the salary or wages for one month in lieu thereof; terminate such contract of employment.
(1) The Central Government may, by notification in the Official Gazette, 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 coking coal mines will be manage by the Custodians, under the control and supervision of the Custodian-General;
(b) the constitution of a Board of Management, by whatever name called, for advising the Custodian-General in the management of the coking coal mines;
(c) the form and manner in which accounts of the coking coal mines shall be maintained;
(d) any other matter in relation, to which such rule
Nothing in this Act shall apply to any coking coal mine--
(a) owned or managed by a Government company or corporation owned or controlled by Government;
(b) owned or managed by a company engaged in the production of iron or steel:
Provided that this section shall not extend to such mine or part thereof which, in the opinion of the Central Government, is in excess of the requirement for the production of iron and steel by that company.
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 commencement of this Act.
(1) The Coking Coal Mines (Emergency Provisions) Ordinance, 1971(12 of 1971), is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken or any appointment, declaration or order made under the Ordinance so repealed, shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of this Act.
THE FIRST SCHEDULE
[See section 3(2)]
Sl. No. Name of the mine Location of the mine Name and address of the owners of the mine
1 2 3 4
A. east bokaro coalfield
1. Dhori Post Office Bermo, District Hazaribagh. Ownership under dispute.
2. Kalyani Selected Dhori Post Office Pichri, District Hazaribagh. Gouri Shanker and Others, Post Office Bermo, Hazaribagh.
3. Khas Dhori Post Office Pichri, District Hazaribagh. Khas Dhori Colliery Company, Post Office Katrasgarh Dhanbad.
&
THE SECOND SCHEDULE
(See section 7)
Sl. No. Name of the coke oven plant Location of the coke oven plant Name and address of the owners of the coke oven plant
1. 2 3 4
1. Bararee Coke Plant South Balliary-Kendwadih Colliery, Post Office Kusunda, District Dhanbad. Bararee Coke Company Limited, 4, Clive Row, Calcutta-1
2. Bhowra Coke Plant Bhowra South Colliery, Post Office Bhowra, District Dhanbad. Messrs. Bhowra Coke Company Bhattacharya's House, Lub Circular Road, Dhanbad.
3. Bhulanbararee Bhulanbararee Colliery, Post Offi
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