COKING COAL MINES (NATIONALISATION) ACT, 1972
(1) This Act may be called the Coking Coal Mines (Nationalisation) Act, 1972.
(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, 1972.
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution.
Explanation.-- In this section, "State" has the same meaning as in article 12 of the Constitution.
In this Act, unless the context otherwise requires,--
(a) "appointed day" means the 1st day of May, 1972;
(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, railway, tramways and sidings, belonging to, or in, the coke oven plant,
(ii) all workshops belonging to the coke oven plant, including buildings, machinery, instrument, stores, equipment of such workshops and the lands on which such workshops stand,
(iii) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant,
(1) On the appointed day, the right, title and interest of the owners in relation to the coking coal mines specified in the First Schedule shall stand transferred to, and shall vest absolutely, in the Central Government, free from all incumbrances.
1[(2) * * *]
2[(3) If after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coking coal mine included in the First Schedule or the name and address of the owner of any such coking coal mine, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification the relevant entries in the First Schedule shall be, and shall be deemed always to have been, corrected accordingly:
&nb
On the appointed day, the right, title and interest of the owners of each of the coke oven plants specified in the Second Schedule, being the coke oven plants which are situated in or about the coking coal mines specified in.the First Schedule, shall stand transferred to, and shall vest absolutely in, the Central Government, free from all incumbrances.
1[2) If after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coke oven plant included in the Second Schedule or the name and address of the owner of any such coke oven plant, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the relevant entries in the Second Schedule shall be, and shall be deemed always to have be
(1) Where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coking coal mine, by a State Government or any other person, vest in the Central Government under section 4, 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 coking coal mine1[as if a fresh mining lease] in relation to such coking coal mine had been granted to the Central Government under the Mineral Concession Rules, the period of such lease2[shall be the maximum period] for which such lease could have been granted by the State Government or such other person under those 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 Gov
(1) Notwithstanding anything contained in sections 4 to 6 (both inclusive), 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 coking coal mine or coke oven plant referred to, respectively, in section 4 or section 5 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 coking coal mine or coke oven plant vest in a Government company under sub-section (1), the Government compan
(1) All property which vests in the Central Government or in a Government company under this Cahpter shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, Hen 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,in 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 delcared that the mortgagee
(1) Every liability of the owner, agent, manager or managing contractor of a coking coal mine or coke oven plant, in relation to 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 coking coal mine or coke oven plant in repsect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company;
(b) no award, decree or ord
[(1)] The owner of every coking coal mine or group of coking coal mines specified in the second column of the First Schedule, shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 4, the right, title and interest of the owner in relation to such coking coal mine or group of coking coal mines, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.
1[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the First Schedule against any coking coal mine or group of coking 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
[(1)] The owner of every coke oven plant specified in the second column of the Second Schedule shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 5, the right, title and interest of the owner in relation to such coke oven plant, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.
1[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Second Schedule against any coke oven plant specified in the second column of the said Schedule and required to be given by the Central Government to its owner under subsection (1) shall be deemed to include, and deemed always to have been included, the amount required to be paid to such owner in respect of all coke in stock or other assets referred to in clau
(1) In consideration of the retrospective operation of the provisions of section 4 and section 5, there shall be given by the Central Government, in cash, to the owner of every coking coal mine specified in the First Schedule or the owner of every coke oven plant specified in the Second Schedule, an amount equal to the amount which would have been, but for the provisions of the said section 4 or section 5, as the case may be, payable to such owner under the Coking Coal Mines (Emergency Provisions) Act, 1971, for the period commencing on the 1st day of May, 1972, and ending on the date of assent.
(2) In addition to the amount specified in sub-section (1), there shall be given by the Central Government, in cash to the owner of every coking coal mine specified in the First Schedule and the owner of every coke oven plant specified in the Second Schedule, simple interest at the rate of
(1) Out of the amount payable--
(a) under section 10 and section 12 to the owner of every coking coal mine or group of coking coal mines;
(b) under section 11 and section 12 to the owner of every coke oven plant, there shall be paid to every person employed by such owner, a sum equal to the amount of arrears due, on the appointed day, to such employee,--
(i) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of such employee; and
(ii) as wages.
(2) Every employee to whom the whole or any part of the arrears referred to in subsection (1) is due shall file the proof of his claim to the Commissioner within such time, after the commencement of the C
(1) Where, in pursuance of any decree, order or injunction made by a Court, the Central Government or the Custodian appointed under the Coking Coal Mines (Emergency Provisions) Act, 1971, was prevented from taking over the management of any coking coal mine or coke oven plant, the owner of such coking coal mine or coke oven plant shall render, within sixty days from the date of assent, to the Central Government or the Government company, as the case may be, accounts, in relation to the period commencing on the appointed day and ending on the date of assent, with regard to the--
(a) assets or stores of the coking coal mine or coke oven plant acquired or sold by him during the period;
(b) coal or coke sold or despatched during the said period;
(c) income derived by him from the coking coal mi
(1) The general superintendence, direction, control and management of the affairs and business of a coking coal mine or coke oven plant, the right, title and interest of an owner in relation to which have vested in the Central Government under section 4 or section 5, as the case may be, shall--
(a) in the case of a coking coal mine or coke oven plant, in relation to which a direction has been made by the Central Government under sub-section (1) of section 7, vest in the Government company specified in such direction, or
(b) in the case of a coking coal mine or coke oven plant, 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
(1) On the vesting of the management of a coking coal mine or coke oven plant in a Government company or on the appointment of a Custodian, all persons in charge of the management of such coking coal mine or coke oven plant immediately before such vesting or appointment, shall be bound to deliver to the Government company or Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the coking coal mine or coke oven plant, and any contract, whether express or implied, providing for the management of the coking coal mine or coke oven plant made before the appionted day between such persons and the owners of such coking coal mine or coke oven plant, shall be deemed to have terminated on the date on which the management of the coking coal mine or coke oven plant vests in the Government company or the Custodian so appointed.
(
The Custodian of every coking coal mine or coke oven plant shall maintain the accounts of such mine or plant 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 coking coal mine or coke oven plant shall be liable to be transferred to any other coking coal mine or coke oven plant 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.]
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1. Substituted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 6 (w.r.e.f. 1-5-1972).
(1) Where a coking coal mine or coke oven plant has established a provident 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, 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 a superannuation, welfare or other fund has been established for the benefit of the employees whose services stand transferred to the Central Government or a Government company, the coking coal mine or coke oven plant, by which such employees were employed, shall distribute the amount due to each such employee as if the employee had superannuated, or his services with the coking coal mine or coke oven plant had terminated, on the day immediately preceding the specified date.
(1) For the purpose of disbursing the amount payable to the owner of each coking coal mine or coke oven plant, the Central Government shall appoint such person as it may think fit to be the Commissioner of Payments.
1[(2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons to also exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers.
(2A) 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.]
(3) The salaries
(1) The Central Government shall, within thirty days from the specified date, pay in cash, to the Commissioner, for payment to the owner of a coking coal mine or coke over plant, a sum equal to the sum specified against the coking coal mine or coke oven plant, as the case may be, in the First Schedule or the Second Schedule together with the amount and interest, if any, referred to in section 12.
(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 coking coal mine or coke over plant in relation to the period during which the management of the coking coal mine or coke oven plant remained vested in the Central Government1[and simple interest at the rate of four per cent, per annum on such amount for the period commencing on the 1st day of April, 1973 and ending on t
(1)The Central Government or the Government company, as the case may be, shallcause the books in relation to each coking coal mine or coke oven plant, themanagement of which has vested in it under the Coking Coal Mines (EmergencyProvisions) Act, 1971, to be closed and balanced as on the 30th day of April,1972, 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, inrelation to each such mine or plant in respect of the transactions effected byit during the period for which the management of such coking coal mine or cokeoven plant remained vested in it:
Providedthat where two or more coking coal mines or coke oven plants were owned, beforethe commencement of this Act, by the same owner, a consolidated statement ofaccounts may be prepared for all the coking coal mines or coke oven plantspawned by
(1) Notwithstanding anything contained in section 3, as amended by section 2 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 22 shall be deemed to have been validly collected by the Central Government or the Government company, as the case may be, and any such money shall be applied in accordance with the provisions of section 22.
(2) Any money collected as aforesaid shall not be called in question in any court of law.]
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1. Inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (22 of 1978), S. 4 (27-5-1978).
(1) Every person having a claim against the owner of a coking coal mine or coke oven plant 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, on the expiry of the said period of thirty days, entertain the claim within a further period of thirty days, but not thereafter.
1[(1A) Without prejudice to the provisions of sub-section (1), claims in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coking coal mine or group of coking coal mines or a coke oven plant may be filed on behalf of the persons so employed by the Coal Mines Provident
The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under section 23.]
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1. Inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (22 of 1978), S. 6 (27-5-1978).
Where the total amount of the claim admitted by the Commissioner does not exceed the total amount of the money credited to the account of a coking coal mine or coke oven plant, every such admitted claim shall rank equally among themselves and 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, every such claim 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 coking coal mine or coke oven plant, where any amount is payable in respect of a claim admitted under this Act, the interest payable on such amount for any period after the appointed day shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the Commissioner under section 21.]
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1. Inserted and deemed to have been inserted w.r.e.f. 1-5-72 by the Coal Mines Nationalisation Laws (Amdt.) Act (22 of 1978), S. 7.
Any amount in excess of payments over receipts in the statement of accounts prepared under section 22 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 coking coal mine or a coke oven plant during the period in which the management of such mine of plant 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 coking coal mine or coke oven plant.
Explanation.-- In this section, "Custodian" means the Custodian appointed under the Coking Coal Mines (Emergency Provisions) Act, 1971.]
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1. Substituted by the Coal Mines Nationalisation
(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 coking coal mines or coke oven plants, the managing contractors and the owners of any machinery, equipment's 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 coking mines or coke oven plants 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 pers
(1) In the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in sections 10, 11 and 12, the Commissioner shall refer the matter to the court for a decision, and shall make the Disbursements in accordance with the decision of the court.
(2) In relation to a coking coal mine or coke oven plant, the operations of which were, immediately before the 17th day of October, 1971 under the control of a managing contractor, the amount specified in the first Schedule against such coking coal mine or in the Second Schedule against such coke oven plant shall be aportioned between the owner of the coking coal mine or coke oven plant and such managing contractor in such proportions as may be agreed upon by or between the owner and such managing contractor, and in the event of there being no such agreement, in such proport
Any money paid to the Commissioner1[which remains undisbursed or unclaimed for a period of 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 preferrd 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.
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1. Substituted and deemed to have been substituted w.r.e.f. 29-3-1976 for the words "which remains undisbursed or unclaimed after such payment for a period of three years" by the Coal Mines Nationalisation Laws (Amdt.) Act (22 of 1978), S. 9.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any Court, tribunal or other authority.
(1) Every contract entered into by the owner or occupier of any coking coal mine or coke oven plant for any service, sale or supply before the appointed day shall, on and from the expiry of one hundred and twenty days from the date of assent 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 coking coal mine or coke oven plant.
(2) The Central Government shall not omit to ratify a contract or make any alteration or modification
Any person who --
(a) having in his possession, custody or control of any property forming part of the undertaking of any coking coal mine or coke oven plant referred to in the First Schedule or the Second Schedule, as the case may be, wrongfully withholds such property from the Central Government, or Government company, or
(b) wrongfully obtains possession of, or retains, any property forming part of the undertaking of any coking coal mine or coke oven plant referred to in the First Schedule or the Second Schedule, as the case may be, or wilfully withholds or fails to furnish to the Central Government or any person specified by that Government any document relating to such coking coal mine or coke oven plant, which may be in his possession, custody or control, or fails to deliver to the Custodian any assets, books of account, registers
(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 duilty 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-sec. (1) where any offence under this Act has been committed with the consent or connivannce of, or, is attributable to, any neglect on the part of, any director, manager, secreta
No proceeding for the winding up of a mining company, the right, title and interest in relation to the coking coal mine or coke oven plant owned by which have vested in the Central Government or in a government company 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.
(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-sec. (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 coking coal mines or coke oven plants shall be managed by a Government company or a Custodian;
(b) the manner in which provident fund monies referred to in section 18 shall be dealt with;
(c) the form and manner in which the statement of accounts referred to in section 22 shall be prepared;
(d) any other matter in relation to which such rule is required to be, or may be, made.
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 date of assent.
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 requirements for the production of iron and steel by that company.
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