Panaji, 9th July, 2015 (Asadha 18, 1937) SERIES I No. 15 · Clause 1(ii) of the “Kala Gaurav...

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Panaji, 9th July, 2015 (Asadha 18, 1937) SERIES I No. 15

Reg. No. G-2/RNP/GOA/32/2015-2017 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcome on e-mail: dir–[email protected]

INDEX

Department Notification/Order Subject Pages

1. Education, Art & Culture a. Directorate of Education Ord.- RMSA/69/2014-15/ Implementation of Vocationalisation of Secondary 620

Director & ex officio /Voc. Edu./55 and Higher Secondary Education Scheme (VSHSE)under Rashtriya Madhyamik Shiksha Abhiyan (RMSA).

b. i. Dte. of Art & Culture Amendment to Schemes Dir. & ex officio Jt. Secy. Not.- DAC/5/EST/160/ Provide Special Financial Grants for organizing 621

/SCHEMES/06/2197 Cultural Events.

ii. —do— Not.- DAC/5/EST/160/ Goa State Cultural Awards. 621/SCHEMES/06/2198

iii. —do— Not.- DAC/5/EST/160/ Kala Gaurav Puraskar. 621/SCHEMES/06/2199

iv. —do— Not.- DAC/5/EST/160/ Financial Assistance to the Groups of Traditional 622/SCHEMES/06/2200 Folk Artists for purchase of Costume and Drapery.

v. —do— Not.- DAC/5/EST/160/ Yuva Srujan Puraskar. 622/SCHEMES/06/2201

vi. —do— Not.- DAC/5/EST/160/ Provide Scholarship to students seeking education 623/SCHEMES/06/2202 outside Goa in any field of Art & Culture.

vii. —do— Not.- DAC/5/EST/160/ State Cultural Award for institution for outstanding 623/SCHEMES/06/2203 performance in the field of Art & Culture.

viii. —do— Not.- DAC/5/EST/160/ Provide financial assistance to Goan Authors 623/SCHEMES/06/2204 and Publishers.

ix. —do— Not.- DAC/5/EST/160/ Provide Grant to the institution for Long Term Project 624/SCHEMES/06/2205 in the field of Art & Culture (Sarjansheel).

x. —do— Not.- DAC/5/EST/160/ Provide Grant-in-aid to Cultural Organization. 624/SCHEMES/06/2206

xi. —do— Not.- DAC/5/EST/160/ D. D. Kosambi Research Fellowship. 625/SCHEMES/06/2207

xii. —do— Not.- DAC/5/EST/160/ Kalakar Kritadnyata Nidhi. 625/SCHEMES/06/2208

xiii. —do— Not.- DAC/5/EST/160/ Provide Financial Assistance in the Group/ 625/SCHEMES/06/2209 /Institution for purchase of Musical Instruments.

xiv. —do— Not.- DAC/5/EST/160/ State Reward to the recipient of National and 626/SCHEMES/06/2210 International Awards.

xv. —do— Not.- DAC/5/EST/160/ The Cultural Talent Search Competition & Scholarship 626/SCHEMES/06/2211 Scheme, 2010.

2. Information & Publicity Not.- DI/INF/GSCLI/09/ Amendment to Goa Scheme for Assistance for 627 Dir. & ex officio Jt. Secy. /1618 purchase of Computers/Camera for Journalists, 2013.

3. Labour Not.- 3/ATS/135/2015/ Declaring the State Apprenticeship Advisor as duly 627 State Dir. & ex offi. Jt. Secy. /1118 authorised officer.

4.a.Law & Judiciary Ord.-12-46-2014-LD(Estt)/ Revival of post—Civil Judge Junior Division & JMFC, 628Under Secretary (Estt.) /1359 ‘B’ Court, Ponda-Goa.

b. Under Secy. (Leg. Affrs.) Not.- 10/3/2014-LA The Coal Mines (Special Provisions) Ordinance, 2014. 628

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 15 9TH JULY, 2015

620

GOVERNMENT OF GOADepartment of Education, Art & Culture

Directorate of Education

Goa Rashtriya Madhyamik Shiksha Abhiyan___

Order

RMSA/69/2014-15/Voc. Edu./55

Sanction of the Government is herebyconveyed for implementation of Vocationa-lisation of Secondary and Higher SecondaryEducation Scheme (VSHSE) under RashtriyaMadhyamik Shiksha Abhiyan (RMSA) in thefollowing 38 Government High Schools in theState of Goa w.e.f. 4-6-2015, in terms ofGovernment of India’s Scheme letter No.F. No. 10-4/2012-VE (pt) dated 12th March, 2014.

(1) Government High School, Mulgao—Bicholim. (2) Government High School, Chandel—Pernem. (3) Government High School, Kundai—Ponda. (4) Government High School, Morlem—Satari. (5) Government High School, Guleli—Satari. (6) Government High School, Advoi—Satari. (7) Government High School, Pissurlem—Satari. (8) Government High School, Mangor Hill—

Murmugao. (9) Government High School, Sada—Vasco.(10) Government High School, Ambaulim—

Quepem.(11) Government High School, Paddi Barcem—

Quepem.(12) Government High School, Morpirla—Quepem.(13) Government High School, Vidyanagar Aquem

—Margao.(14) Government High School, Valkini—Sanguem.(15) Government High School, Nadora Revora—

Bardez.(16) Government High School, Menkurem—

Bicholim.(17) Government High School, Sal—Bicholim.(18) Government High School, Sirigao—Bicholim.(19) Government High School, Cumbharjua—

Tiswadi.(20) Government High School, Tarmatha Bhile

Surla—Bicholim.(21) Government High School, Agarwada—

Pernem.(22) Government High School, Hankhane—

Pernem.(23) Government High School, Ozari—Pernem.(24) Government High School, Ganje Usgaon—

Ponda.

(25) Government High School, Savoi Verem—Ponda.

(26) Government High School, Surla—Satari.(27) Government High School, Bhuipal—Satari.(28) Government High School, Shelop Khurd—

Satari.(29) Government High School, Merces—Tiswadi.(30) Government High School, Pale Siridao—

Tiswadi.(31) Government High School, Gaval Khol—

Canacona.(32) Government High School, Shristhal—

Canacona.(33) Government High School, Agonda—

Canacona.(34) Government High School, New Vaddem—

Mormugao.(35) Government High School, Sheldem—

Quepem.(36) Government High School, Fatorpa—Quepem.(37) Government High School, Dayanand Nagar—

Dharbandora.(38) Government High School, Shigao Collem—

Dharbandora.

Each School from Sr. No. 1 to 14 will havetwo courses and Sr. No. 15 to 38 will have onefrom below mentioned courses accordancewith National Standard QualificationFramework (NSQF) competency based:—

(a) Automobile (Service Technician).(b) Retail (Sales Associates).(c) Health Care (Patient Care/General Duty

Assistant).(d) IT and ITeS (IT Services Desk Attendant). (e) Agriculture.(f) Logistics.

(g) Construction.(h) Physical Education.(i) Telecommunication.(j) Beauty and Wellness.

(k) Travel and Tourism.(l) Travel and Tourism.

(m) Travel and Tourism (H).(n) Media and Entertainment.

(o) Apparel.

This is issued with the approval ofGovernment dated 23-5-2015.

By order and in the name of the Governorof Goa.

G. P. Bhat, Director & ex officio (Education).

Porvorim, 2nd June, 2015.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 15 9TH JULY, 2015

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Directorate of Art & Culture___

Notification

DAC/5/EST/160/SCHEMES/06/2197

Sub.: Amendment to the scheme.

Read: “Scheme to provide Special FinancialGrants for organizing Cultural Events”published in Official Gazette, Series INo. 22 dated 31-8-2006, Series I No. 13dated 28-6-2012 & Series I No. 18 dated31-7-2014.

And whereas the Government has notifieda “Scheme to provide Special Financial Grantsfor organizing Cultural Events” videnotification dated 25-8-2006 & 8-6-2012, andpublished in the Official Gazette, Series INo. 22 dated 31-8-2006, Series I No. 13 dated28-6-2012 & Series I No. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Scheme to provide SpecialFinancial Grants for organizing CulturalEvents” in public interest.

Now therefore the Clause 1(ii) of the“Scheme to provide Special Financial Grantsfor organizing Cultural Events” is amended toread as under:

“1(ii) This scheme shall come into forcefrom the date of its publication in the OfficialGazette and shall remain in force upto 31stMarch, 2016”.


Prasad Lolayekar, Director & ex officio Addl.Secretary (Art & Culture).

Panaji, 3rd July, 2015.__________

Notification



Read: “Goa State Cultural Awards” publishedin Official Gazette, Series I No. 22 dated

31-8-2006, Series II No. 27 dated 1-10-2009& Series I No. 13 dated 28-6-2012 &Series I No. 18 dated 31-7-2014.

Whereas the Government has notified a “GoaState Cultural Awards” vide notification dated25-8-2006, 18-9-2009 & 8-6-2012 and publishedin the Official Gazette, Series I No. 22 dated31-8-2006, Series II No. 27 dated 1-10-2009,Series I No. 13 dated 28-6-2012 & Series INo. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Goa State Cultural Awards”in public interest.

Now therefore the Clause 1(ii) of the “GoaState Cultural Awards” is amended to readas under:




Panaji, 3rd July, 2015.________

Notification



Read: “Kala Gaurav Puraskar Scheme” pub-lished in Official Gazette, Series INo. 22 dated 31-8-2006, Series I No. 5dated 2-5-2008, Series I No. 13dated 28-6-2012 & Series I No. 18 dated31-7-2014.

Whereas the Government has notified a“Kala Gaurav Puraskar Scheme” videnotification dated 25-8-2006, 15-3-2008 &8-6-2012, and published in the Official Gazette,Series I No. 22 dated 31-8-2006, Series I No. 5dated 2-5-2008, Series I No. 13 dated28-6-2012 & Series I No. 18 dated 31-7-2014.


622

And whereas Government desires to amendClause 1(ii) of the “Kala Gaurav PuraskarScheme” in public interest.

Now therefore the Clause 1(ii) of the “KalaGaurav Puraskar Scheme” is amended toread as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “Financial Assistance to the Groups ofTraditional Folk Artists for purchase ofCostume and Drapery Scheme” pub-lished in Official Gazette, Series INo. 22 dated 31-8-2006, Series I No. 30dated 27-10-2008, Series I No. 13dated 28-6-2012 & Series I No. 18dated 31-7-2014.

Whereas the Government has notified a“Financial Assistance to the Groups ofTraditional Folk Artists for purchase ofCostume and Drapery Scheme” videnotification dated 25-8-2006, 26-7-2011 &8-6-2012 and published in the Official Gazette,Series I No. 22 dated 31-8-2006, Series I No. 30dated 27-10-2008, Series I No. 13 dated28-6-2012 & Series I No. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Financial Assistance to theGroups of Traditional Folk Artists for purchaseof Costume and Drapery Scheme” in publicinterest.

Now therefore the Clause 1( ii) of the“Financial Assistance to the Groups of

Traditional Folk Artists for purchase ofCostume and Drapery Scheme” is amendedto read as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “Yuva Srujan Puraskar” published inOfficial Gazette, Series I No. 5 dated2-5-2008, Series I No. 33 dated15-11-2012 & Series I No. 18 dated31-7-2014.

Whereas the Government has notified a“Yuva Srujan Puraskar” vide notification dated15-4-2008 & 12-11-2012, and published in theOfficial Gazette, Series I No. 5 dated2-5-2008, Series I No. 33 dated 15-11-2012 &Series I No. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Yuva Srujan Puraskar” inpublic interest.

Now therefore the Clause 1(ii) of the “YuvaSrujan Puraskar” is amended to read as under:




Panaji, 3rd July, 2015.



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Notification



Read: “Scheme to provide Scholarship tostudents seeking education outside Goain any field of Art & Culture” publishedin Official Gazette, Series I No. 5 dated2-5-2008 & Series I No. 18 dated31-7-2014.

Whereas the Government has notified a“Scheme to provide Scholarship to studentsseeking education outside Goa in any fieldof Art & Culture” vide notification dated15-4-2008 and published in the Official Gazette,Series I No. 5 dated 2-5-2008 & Series I No. 18dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Scheme to provideScholarship to students seeking educationoutside Goa in any field of Art & Culture” inpublic interest.

Now therefore the Clause 1(ii) of the“Scheme to provide Scholarship to studentsseeking education outside Goa in any field ofArt & Culture” is amended to read as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “State Cultural Award for institution foroutstanding performance in the field of

Art & Culture” published in OfficialGazette, Series I No. 22 dated 31-8-2006,Series II No. 27 dated 1-10-2009, Series INo. 13 dated 28-6-2012 & Series I No. 18dated 31-7-2014.

Whereas the Government has notified a“State Cultural Award for institution foroutstanding performance in the field of Art &Culture” vide notification dated 25-8-2006,18-9-2009 & 8-6-2012, and published in theOfficial Gazette, Series I No. 22 dated31-8-2006, Series II No. 27 dated 1-10-2009,Series I No. 13 dated 28-6-2012 & Series INo. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “State Cultural Award forinstitution for outstanding performance in thefield of Art & Culture” in public interest.

Now therefore the Clause 1(ii) of the “StateCultural Award for institution for outstandingperformance in the field of Art & Culture” isamended to read as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “Scheme to provide financial assistanceto Goan Authors and Publishers” pub--lished in Official Gazette, Series I No. 5dated 2-5-2008 & Series I No. 18 dated31-7-2014.

Whereas the Government has notified a“Scheme to provide financial assistance to


624

Goan Authors and Publishers” vide notificationdated 15-4-2008, and published in the OfficialGazette, Series I No. 5 dated 2-5-2008 &Series I No. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Scheme to provide financialassistance to Goan Authors and Publishers”in public interest.

Now therefore the Clause 1( ii) of the“Scheme to provide financial assistance toGoan Authors and Publishers” is amended toread as under:




Panaji, 3rd July, 2015._________

Notification



Read: “Scheme to provide Grant to the insti-tution for Long Term Project in the fieldof Art & Culture (Sarjansheel)” pub-lished in Official Gazette, Series I No. 5dated 2-5-2008 & Series No. 43 dated22-1-2009 & Series I No. 18 dated31-7-2014.

Whereas the Government has notified a“Scheme to provide Grant to the institution forLong Term Project in the field of Art & Culture(Sarjansheel)” vide notification dated 15-4-2008& 14-1-2009 and published in the OfficialGazette, Series I No. 5 dated 2-5-2008, Series INo. 43 dated 22-1-2009 & Series I No. 18 dated31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Scheme to provide Grantto the institution for Long Term Project in thefield of Art & Culture (Sarjansheel)” in publicinterest.

Now therefore the Clause 1( ii) of the“Scheme to provide Grant to the institutionfor Long Term Project in the field of Art &Culture (Sarjansheel)” is amended to read asunder:




Panaji, 3rd July, 2015.__________

Notification



Read: “Scheme to provide Grant-in-aid toCultural Organization” published inOfficial Gazette, Series I No. 5 dated2-5-2008 & Series I No. 18 dated 31-7-2014.

Whereas the Government has notified a“Scheme to provide Grant-in-aid to CulturalOrganization” vide notification dated 15-4-2008and published in the Official Gazette, Series INo. 5 dated 2-5-2008 & Series I No. 18 dated31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Scheme to provide Grant-in--aid to Cultural Organization” in public interest.

Now therefore the Clause 1( ii) of the“Scheme to provide Grant-in-aid to CulturalOrganization” is amended to read as under:







625

Notification



Read: “D. D. Kosambi Research FellowshipScheme” published in Official Gazette,Series I No. 43 dated 22-1-2009 & Series INo. 18 dated 31-7-2014.

Whereas the Government has notified a“D. D. Kosambi Research Fellowship Scheme”vide notification dated 14-1-2009, andpublished in the Official Gazette, Series INo. 43 dated 22-1-2009 & Series I No. 18 dated31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “D. D. Kosambi ResearchFellowship Scheme” in public interest.

Now therefore the Clause 1(ii) of the “D. D.Kosambi Research Fellowship Scheme” isamended to read as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “Kalakar Kritadnyata Nidhi” publishedin Official Gazette, Series I No. 43 dated22-1-2009 & Series I No. 18 dated 31-7-2014.

Whereas the Government has notified a“Kalakar Kritadnyata Nidhi” vide notificationdated 14-1-2009, and published in the OfficialGazette, Series I No. 43 dated 22-1-2009 &Series I No. 18 dated 31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “Kalakar Kritadnyata Nidhi”in public interest.

Now therefore the Clause 1(ii) of the “KalakarKritadnyata Nidhi” is amended to read asunder:




Panaji, 3rd July, 2015._________

Notification



Read: “Scheme to provide Financial Assis-

tance in the form of Grant-in-aid to the

Bhajani/Choir/Cultural Group/Institu-

tion for purchase of Musical Instru-

ments” published in Official Gazette,

Series I No. 51 dated 19-3-2009 &

Series I No. 18 dated 31-7-2014.

Whereas the Government has notified a

“Scheme to provide Financial Assistance in the

form of Grant-in-aid to the Bhajani/Choir/

/Cultural Group/Institution for purchase of

Musical Instruments” vide notification dated

24-2-2009 and published in the Official Gazette,

Series I No. 51 dated 19-3-2009 & Series I

No. 18 dated 31-7-2014.

And whereas Government desires to amend

Clause 1(ii) of the “Scheme to provide Financial

Assistance in the form of Grant-in-aid to the

Bhajani/Choir/Cultural Group/Institution for

purchase of Musical Instruments” in public

interest.


626

Now therefore the Clause 1( ii) of the

“Scheme to provide Financial Assistance in the

form of Grant-in-aid to the Bhajani/Choir/

/Cultural Group/Institution for purchase of

Musical Instruments” is amended to read as

under:

“1(ii) This scheme shall come into force

from the date of its publication in the Official

Gazette and shall remain in force upto 31st

March, 2016”.



Panaji, 3rd July, 2015._________

Notification



Read: “State Reward to the recipient of

National and International Awards

Scheme” published in Official Gazette,

Series I No. 22 dated 31-8-2006 &


Whereas the Government has notified a

“State Reward to the recipient of National

and International Awards Scheme” vide

notification dated 25-8-2006 and published

in the Official Gazette, Series I No. 22

dated 31-8-2006 & Series I No. 18 dated

31-7-2014.

And whereas Government desires to amendClause 1(ii) of the “State Reward to therecipient of National and InternationalAwards Scheme” in public interest.

Now therefore the Clause 1(ii) of the “StateReward to the recipient of National andInternational Awards Scheme” is amended toread as under:




Panaji, 3rd July, 2015.__________

Notification



Read: “The Cultural Talent Search Competition& Scholarship Scheme, 2010” publishedin Official Gazette, Series I No. 13dated 28-6-2012

Whereas the Government has notified “The

Cultural Talent Search Competition & Scholarship

Scheme, 2010” vide notification dated

25-8-2006 and published in the Official Gazette,


And whereas Government desires to amendClause 1(ii) of “The Cultural Talent SearchCompetition & Scholarship Scheme, 2010” inpublic interest.

Now therefore the Clause 1(ii) of “The

Cultural Talent Search Competition & Scholarship

Scheme, 2010” is amended to read as under:







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Department of Information and Publicity___

Notification

DI/INF/GSCLI/09/1618

Read: (1) Government Notification No. DI//INF/IFC Loan(10)/03/8678/4167.

(2) Government Notification No. DI//INF/GSCL/09 dated 9-1-2015.

(2) Government Notification No. DI//INF/GSCL/09 dated 5-2-2015.

Amendment to Goa Scheme for Assistancefor purchase of Computers/Camera for

Journalists, 2013.

In exercise of the powers conferred by theGoa Scheme for Assistance for purchase ofComputers/Camera for Journalist 2013 and allother powers enabling it, the Government ofGoa hereby makes the following amendmentsto the Goa Scheme for assistance for purchaseof Computer/Camera for Journalist 2013.

Insertion of Clause 10,—

10. Relaxation of the provisions of the

scheme.— The Government shall be

empowered to relax the clauses or conditions

of the scheme, if a genuine requirement

arises, as determined by the scrutiny/

/Sanction Committee, on case to case basis,

with a prior approval of the Finance

Department except those related to grant of

financial benefits”.

This has the approval of the FinanceDepartment vide U. O. No. 1364/F dated13-5-2015.


Arvind V. Bugde, Director & ex officio JointSecretary (Information & Publicity).

Panaji, 2nd July, 2015.

Department of Labour

State Directorate of Craftsmen Training___

Notification

3/ATS/135/2015/1118

Whereas the Apprenticeship Act, 1961stands amended vide No. 29 of 2014 andbrought into effect from 22nd December, 2014vide Notification No. S.O. 3238(E) published inPart II, Section 3, sub-section (ii) of theExtraordinary Gazette of India on 18thDecember, 2014.

And whereas section 30 of the Principal Actstands Amended as under,—

In section 30 of the principal Act,—

(i) for sub-section (1), the following sub--sections shall be substituted namely:—

“(1) If any employer contravenes theprovisions of this Act relating to the numberof Apprentices which he is required toengage under those provisions, he shall begiven a month’s notice in writing, by anofficer duly authorized in this behalf by theappropriate Government, for explaining thereasons for such contravention.

(1A) In case the employer fails to replythe notice within the period specified undersub-section (1), or the authorized officer,after giving him an opportunity of beingheard, is not satisfied with the reasons givenby the employer, he shall be punishable withfine of five hundred rupees per shortfall ofapprenticeship month for first three monthsand thereafter one thousand rupees permonth till such number of seats are filledup”—

(ii) in sub-section (2),—

(a) after clause (f), the following clausesshall be inserted, namely:—

“(g) engages as an apprentice a personwho is not qualified for being so engaged,or


628

(h) fails to carry out the termsand conditions of a contract ofapprenticeship.”

(b) for the words “imprisonment for a termwhich may extend to six months or with fineor with both”, the words “fine of onethousand rupees for every occurrence” shallbe substituted.

(iii) after sub-section (2), the followingsub-section shall be inserted, namely:—

“(2A) The provisions of this section shallnot apply to any establishment or industrywhich is under the Board for Industrial andFinancial Reconstruction establishmentunder the Sick Industrial Companies (SpecialProvisions) Act, 1985.”.

Now therefore, in exercise of powersconferred by sub-section I of section 30 of theamended Act, the State Government herebydeclares the State Apprenticeship Advisor asduly authorized officer for performing functionsof officer duly authorized by the Governmentas mandated under section (30) of theApprenticeship Act.

This Notification shall come into force withimmediate effect.


Aleixo F. da Costa, State Director & ex officioJoint Secretary (Craftsmen Training).

Panaji, 27th February, 2015.

——— ———

Department of Law & Judiciary

Law (Establishment) Division___

Order

12-46-2014-LD(Estt)/1359

Sanction of the Government is herebyaccorded for Revival of 1 post of Civil JudgeJunior Division & JMFC, ‘B’ Court, Ponda, Goain the pay scale of Rs. 27700-770-33090-920--40450-1080-44770 (Revised scale as perJustice E. Padmanadhan Commission).

The expenditure shall be debited to theBudget Head “2014—Administation of Justice;00—; 105—Civil and Sessions Courts; 01—CivilJudges (North Goa); 01—Salaries (Non-Plan)(Voted),” under Demand No. 3.

This issues with the approval ofAdministrative Reforms Department vide theirU. O. No. 93/F dated 27-1-2015 and concurrenceof Finance (Rev. & Cont.) Department vide theirU. O. No. 1400001199/F dated 30-5-2015.


Amul S. Gaunker, Under Secretary, Law (Estt).

Porvorim, 30th June, 2015._________

Legal Affairs Division____

Notification

10/3/2014-LA

The Coal Mines (Special Provisions)Ordinance, 2014 (Ordinance No. 5 of 2014),which has been promulgated by the Presidentin the Sixty-fifth Year of the Republic ofIndia and published in the Gazette ofIndia, Extraordinary, Part II, Section I, dated21-10-2014, is hereby published for the generalinformation of the public.

Julio B. Noronha, Under Secretary (Law).

Porvorim, 23rd December, 2014.____________

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 21st October, 2014//Asvina 29, 1936 (Saka)

The Coal Mines (Special Provisions)Ordinance, 2014

No. 5 of 2014

Promulgated by the President in the Sixty--fifth Year of the Republic of India.

An Ordinance to provide for allocation ofcoal mines and vesting of the right, title and



629

interest in and over the land and mineinfrastructure together with mining leases tosuccessful bidders and allottees with a viewto ensure continuity in coal mining operationsand production of coal, and for promotingoptimum utilisation of coal resourcesconsistent with the requirement of the countryin national interest and for matters connectedtherewith or incidental thereto;

Whereas the Supreme Court of India videJudgment dated 25th August, 2014 read withits order dated 24th September, 2014 hascancelled the allocation of coal blocks andissued directions with regard to such coalblocks and the Central Government inpursuance of the said directions has to takeimmediate action to implement the said order;

And whereas it is expedient in publicinterest for the Central Government to takeimmediate action to allocate coal mines tosuccessful bidders and allottees keeping inview the energy security of the country andto minimise any impact on core sectors suchas steel, cement and power utilities, whichare vital for the development of the nation;

And whereas the Central Governmentconsiders it necessary to prescribe theconditions to rationalise the coal sector formining operations, consumption and salehaving regard to the coordinated and scientificdevelopment and utilisation of coal resourcesconsistent with the growing requirement ofthe country;

And whereas Parliament is competent tolegislate under entry 54 of List I of theSeventh Schedule to the Constitution forregulation of mines and mineral developmentto the extent to which such regulation anddevelopment under the control of Union isdeclared by Parliament by law to be expedientin the public interest;

And whereas a Bill further toamend the Coal Mines (Nationali-sation) Act, 1973 has beenintroduced and pending in theCouncil of States;

And whereas Parliament is not in sessionand the President is satisfied thatcircumstances exist which render it necessaryfor him to take immediate action;

Now, therefore, in exercise of the powersconferred by clause (1) of article 123 of theConstitution, the President is pleased topromulgate the following Ordinance:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Ordinance may be called the CoalMines (Special Provisions) Ordinance, 2014.

(2) It extends to the whole of India.

(3) It shall come into force at once.

2. Declaration as to expediency of Unionaction.— It is hereby declared that it isexpedient in the public interest that Unionshould take action for the development ofSchedule I coal mines and extraction of coalon continuous basis for optimum utilisation.

3. Definition.— (1) In this Ordinance, unlessthe context otherwise requires,—

(a) “additional levy” shall mean, theadditional levy as determined by theSupreme Court in Writ Petition (Criminal)No. 120 of 2012 as two hundred and ninety--five rupees per metric tonne of coalextracted;

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

(c) “appointed date” in relation to—

(i) Schedule I coal mines excludingSchedule II coal mines, shall be the 24thday of September, 2014 being the dateon which the allocation of coal blocks toprior allottees stood cancelled; and

(ii) Schedule II coal mines shall be the1st day of April, 2015 being the date onwhich the allocation of coal blocks toprior allottees shall stand cancelled,

26 of 1973.


630

in pursuance of the order of the SupremeCourt dated the 24th September, 2014passed in Writ Petition (Criminal) No. 120of 2012;

(d) “bank” shall have the samemeaning as assigned to it inclause (c) of the Securitisation andReconstruc-tion of FinancialAssets and Enforcement ofSecurity Interest Act, 2002;

(e) “coal mining operations” means anyoperation undertaken for the purpose ofwinning coal;

(f) “company” shall have thesame meaning as assigned to it inclause (20) of section 2 of theCompanies Act, 2013;

(g) “corporation” shall have the samemeaning as assigned to it in clause (11) ofsection 2 of the Companies Act, 2013;

(h) “financial institution” shall havethe same meaning as assigned to it inclause (m) of section 2 of the Securitisationand Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002;

(i) “government company” shall havethe same meaning as assigned to it inclause (45) of section 2 of the CompaniesAct, 2013;

(j) “mine infrastructure” includes mininginfrastructure such as tangible assets usedfor coal mining operations, being civilworks, workshops, immovable coal winningequipment, foundations, embankments,pavements, electrical systems, communi-cation systems, relief centres, siteadministrative offices, fixed installations,coal handling arrangements, crushing andconveying systems, railway sidings, pits,shafts, inclines, underground transportsystems, hauling systems, (except movableequipment unless the same is embedded inland for permanent beneficial enjoymentthereof), land demarcated for afforestationand land for rehabilitation and re-settlement

of persons affected by coal miningoperations under the relevant law;

(k) “nominated authority” means theauthority nominated by the CentralGovernment under section 6;

(l) “notification” means a notificationpublished in the Official Gazette and theexpression “notify” shall be construedaccordingly;

(m) “prescribed” means prescribed byrules made under this Ordinance;

(n) “prior allottee” means prior allotteeof Schedule I coal mines as listed thereinwho had been allotted coal mines between1993 and 31st day of March, 2011, whoseallotments have been cancelled pursuantto the judgment of the Supreme Court datedthe 25th August, 2014 and its order dated24th September, 2014 including thoseallotments which may have beende-allocated prior to and during thependency of the Writ Petition (Criminal)No. 120 of 2012;

(o) “Schedule” means a Scheduleappended to this Ordinance;

(p) “Schedule I coal mines” means,—

(i) all the coal mines and coal blocksthe allocation of which was cancelled bythe judgment dated 25th August, 2014and its order dated 24th September, 2014passed in Writ Petition (Criminal) No. 120of 2012, including those allotments whichmay have been de-allocated prior to andduring the pendency of the said WritPetition;

(ii) all the coal bearing land acquiredby the prior allottee and lands, in oradjacent to the coal mines used for coalmining operations acquired by the priorallottee;

(iii) any existing mine infrastructure asdefined in clause (j).

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

54 of 2002.

18 of 2013.



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Schedule II which are the coal mines inrelation to which the order of the SupremeCourt dated 24th day of September, 2014was made;

(r) “Schedule III coal mines” means thethirty-two Schedule I coal mines listed inSchedule III or any other Schedule I coalmine notified under sub-section (2) ofsection 7;

(s) “secured creditor” shallhave the same meaning asassigned to it in clause (zd) ofsection 2 of the Securitisationand Reconstruction of FinancialAssets and Enforcement ofSecurity Interest Act, 2002;

(t) “secured debt” shall have the samemeaning as assigned to it in clause (ze) ofsection 2 of the Securitisation andReconstruction of Financial Assets andEnforcement of Security Interest Act, 2002;

(u) “security interest” shallhave the same meaning asassigned to it in clause (zf) ofsection 2 of the Securitisationand Reconstruction of FinancialAssets and Enforcement ofSecurity Interest Act, 2002;

(v) “specified end-use” means any of thefollowing end-uses and the expression“specified end user” shall with itsgrammatical variations be construedaccordingly:

(i) production of iron and steel;

(ii) generation of power including thegeneration of power for captive use;

(iii) washing of coal obtained from amine;

(iv) cement;

(v) such other end use as the CentralGovernment, may by notification, specify.

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

(2) Words and expressions usedherein and not defined, butdefined in the Coal Bearing Areas(Acquisition and Development)Act, 1957, the Mines and Minerals(Development and Regulation)Act, 1957 and the Coal Mines(Nationalization) Act, 1973including any rules or regulationsmade thereunder, shall have themeanings, respectively assignedto them in those Acts.

CHAPTER II

Auction and Allotment

4. Eligibility to participate in auction andpayment of fees.— (1) Subject to the provisionsof section 5, Schedule I coal mines shall beallocated by way of public auction inaccordance with such rules, and on thepayment of such fees which shall not exceedfive crore rupees, as may be prescribed.

(2) Subject to the provisions in sub-section(3) of this section and section 5, the CentralGovernment may, for the purpose of grantingreconnaissance permit, prospecting licenceor mining lease in respect of any areacontaining coal, select any of the followingcompanies through auction by competitivebidding, on such terms and conditions as maybe prescribed—

(a) a Government company or corporationor a joint venture company formed by suchcompany or corporation or between theCentral Government or the StateGovernment, as the case may, or any othercompany incorporated in India; or

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

may carry on coal mining operations in India,in any form either for own consumption, saleor for any other purpose in accordance withthe permit, prospecting licence or mininglease, as the case may be, and the StateGovernment shall grant such reconnaissancepermit, prospecting licence or mining lease

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54 of 2002.

54 of 2002.

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in respect of any area containing coal to suchcompany as selected through auction bycompetitive bidding under this section.

(3) Subject to the provisions of section 5,the following persons who fulfill such normsas may be prescribed, shall be eligible to bidin an auction of Schedule II coal mines andSchedule III coal mines and to engage in coalmining operations in the event they aresuccessful bidders, namely:—

(a) a company engaged in specified enduse including a company having a coallinkage which has made such investmentas may be prescribed;

Explanation.— A “company with a coallinkage” includes any such company whoseapplication is pending with the CentralGovernment on the date of commencementof this Ordinance.

(b) a joint venture company formed bytwo or more companies having a commonspecified end use and are independentlyeligible to bid in accordance with thisOrdinance;

(c) a Government company or corporationor a joint venture company formed by suchcompany or corporation or with any othercompany having common specified end use:

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

(4) A prior allottee shall be eligible toparticipate in the auction process subject topayment of the additional levy within suchperiod as may be prescribed and if the priorallottee has not paid such levy, then, the priorallottee, its promoter or any of its company ofsuch prior allottee shall not be eligible to bideither by itself or by way of a joint venture.

(5) Any prior allottee who is convicted foran offence relating to coal block allocationand sentenced with imprisonment for morethan three years, shall not be eligible toparticipate in the auction.

5. Allotment of mines to Governmentcompanies or corporations.— (1) Notwith-standing the provisions contained in sub--sections (1) and (3) of section 4, the CentralGovernment may allot a Schedule I coal mineto a Government company or corporationwhich is not a joint venture with privatecompany or to a company which has beenawarded a power project on the basis ofcompetitive bids for tariff (including UltraMega Power Projects) from specified ScheduleI coal mines by making an allotment order inaccordance with such rules as may beprescribed and the State Government shallgrant a reconnaissance permit, prospectinglicence or mining lease in respect of any areacontaining coal to such company orcorporation:

Provided that the Government company orcorporation may carry on coal mining in anyform either for its own consumption, sale orfor any other purpose in accordance with thepermit, prospecting licence or mining lease,as the case may be.

(2) An allotment may be made jointly to ajoint venture of two or more Governmentcompanies or corporations:

Provided that a joint venture of any two ormore Government companies or corporationsshall be prohibited from alienating ortransferring any interest in the joint ventureof whatsoever nature including ownership infavour of a third party.

(3) No allotment under sub-section (1) shallbe made to a prior allottee, if that allotteehas not made the payment of the additionallevy within the specified period.

6. Central Government to act throughnominated authority.— (1) The CentralGovernment shall appoint an officer not belowthe rank of Joint Secretary to the Governmentof India as the nominated authority who shallact for and on behalf of the CentralGovernment for the purposes of this Ordinanceand shall exercise such powers as may beprescribed.



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(2) The nominated authority may engageany expert having such qualifications andexperience and on such terms and conditionsas may be prescribed to make recommen-dations to the authority for the conduct ofauction and in drawing up of the vestingorder or allotment order in relation to ScheduleI coal mines.

(3) The Central Government shall actthrough the nominated authority for thefollowing purposes, namely:—

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

(b) execution of the vesting order fortransfer and vesting of Schedule I coal minespursuant to the auction;

(c) executing the allotment order for anyGovernment company or corporation inpursuance of section 5;

(d) recording and mutating incorporealrights of whatsoever nature including,consents, permissions, permits, approvals,grants, registrations;

(e) collection of auction proceeds,adjustment of preferential payments andtransfer of amount to the respective StateGovernments where Schedule I coal mineis located in accordance with the provisionsof this Ordinance.

(4) The nominated authority shall completethe auction or execute the allotment orders ofSchedule I coal mines within such time and inaccordance with such rules as may beprescribed.

(5) The Central Government may appointsuch other officers and staff as it may think fitto assist the nominated authority.

(6) The salaries and allowances and otherterms and conditions of service of thenominated authority and such other officersand staff appointed under this section shallbe such as may be prescribed.

7. Power to classify certain Schedule I coalmines by Central Government.— (1) TheCentral Government may, before notifying theparticulars of auction, classify mines identifiedfrom Schedule I coal mines as earmarked forthe same class of specified end uses.

(2) The Central Government may in publicinterest, by notification, modify Schedule IIIcoal mines by adding any other Schedule Icoal mine for the purposes of specified enduse.

8. Nominated authority to issue vesting orderor allotment order.— (1) The nominatedauthority shall notify the prior allottees ofSchedule I coal mines to enable them to furnishinformation required for notifying theparticulars of Schedule I coal mines to beauctioned in accordance with such rules asmay be prescribed.

(2) The information required to be furnishedunder sub-section (1) shall be furnished withina period of fifteen days from the date of thenotification.

(3) A successful bidder in an auctionconducted on a competitive basis inaccordance with such rules as may beprescribed, shall be entitled to the vesting ofSchedule I coal mine for which it bid, pursuantto a vesting order drawn up in accordancewith such rules.

(4) The vesting order shall transfer and vestupon the successful bidder, the following,namely:—

(a) all the rights, title and interest of theprior allottee, in Schedule I coal mineconcerned with the relevant auction;

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

(c) any statutory licence, permit,permission, approval or consent requiredto undertake coal mining operations inSchedule I coal mines if already issued tothe prior allottee;

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


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(e) any right, entitlement or interest notspecifically covered under clauses (a) to (e).

(5) The nominated authority shall, inconsultation with the Central Government,determine the floor price or reserve price inaccordance with such rules as may beprescribed.

(6) The successful bidder shall, prior to theissuance and execution of a vesting order,furnish a performance bank guarantee for anamount as notified in relation to Schedule Icoal mine auctioned to such bidder withinsuch time, form and manner as may beprescribed.

(7) After the issuance of a vesting orderunder this section and its filing with theCentral Government and with the appropriateauthority designated by the respective StateGovernments, the successful bidder shall beentitled to take possession of the Schedule Icoal mine without let or hindrance.

(8) Upon the execution of thevesting order, the successfulbidder of the Schedule I coal mineshall be granted a prospectinglicence or a mining lease, asapplicable, by the concerned StateGovernment in accordance withthe Mines and Minerals(Development and Regulation)Act, 1957.

(9) A Government company or corporationor a joint venture company formed by suchcompany or corporation or between theCentral Government or the State Government,as the case may, or any other companyincorporated in India, alloted a Schedule Icoal mine shall be granted a prospectinglicence or a mining lease, as applicable, bythe concerned State Government inaccordance with the Mines and Minerals(Development and Regulation) Act, 1957.

(10) In relation to Schedule II coal mines,the successful bidder which was a priorallottee, shall continue coal mining operationsafter the appointed date in terms of theapproved mining plan, till the mining lease in

terms of sub-section (8) is granted, upon thegrant of a vesting order and to that extent,the successful bidder shall be deemed to havebeen granted a mining lease till the executionof the mining lease in terms of the said sub--section.

(11) In relation to Schedule II coal mines,the Government company or corporationwhich was a prior allottee can continue coalmining operations after the appointed datein terms of the approved mining plan, till themining lease in terms of sub-section (9) isgranted, upon execution of the allotment orderand to that extent, the allottee shall bedeemed to have been granted a mining leasetill the execution of the mining lease in termsof the said sub-section.

(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 toan allotment order.

9. Priority of disbursal of proceeds.— Theproceeds arising out of land and mineinfrastructure in relation to a Schedule I coalmine shall be disbursed maintaining, inter alia,the priority of payments in accordance withsuch rules as may be prescribed—

(a) payment to secured creditors for anyportion of the secured debt in relation to aSchedule I coal mine which is unpaid as onthe date of the vesting order;

(b) compensation payable to the priorallottee in respect of the Schedule I coalmine.

CHAPTER III

Treatment of Rights and Obligations ofPrior Allottees

10. Utilisation of movable property used incoal mining operations.— (1) A successfulbidder or allottee in respect of Schedule IIcoal mines, may negotiate with prior allotteeto own or utilise such movable property usedin coal mining operations on such terms andconditions as may be mutually agreed to bythem.

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(2) Where a successful bidder or allottee isnot vested with any movable property of aSchedule I coal mine, then, he is not boundby any liabilities or obligations arising out ofsuch ownership or contractual rights,obligations or liabilities which shall continueto remain with the prior allottee.

(3) In the event that the successful bidderor allottee is unable to satisfactorily negotiatewith the prior allottee or any third party whohas a contract with the prior allottee for themovable property, it shall be the obligation ofthe prior allottee or the third party to removesuch movable property within a period notexceeding thirty days from the date of thevesting order, or the allotment order, as thecase may be, and the successful bidder orallottee shall not be liable for any damage tosuch property.

(4) A successful bidder or allottee whichhas elected not to purchase or transfer orcontinue to use the movable property referredto in sub-section (1), shall prior to theexecution of the vesting order or the allotmentorder, as the case may be, declare to thenominated authority that he intends to moveand store such movable property of the priorallottee or such third party and after the dateof the vesting order or the allotment order, asthe case may be, the successful bidder orallottee shall be entitled to move and storesuch movable property, so as not to causeany impediment for coal mining operations.

(5) If a prior allottee or such third partywhich has contracted with the prior allotteefor its movable property, fails to remove themovable property which the successful bidderor allottee has elected not to purchase or usein accordance with sub-section (4), then, afterthe period of seventy-five days from thevesting order or the allotment order, as thecase may be, a successful bidder or allotteeshall be entitled to dispose off such movableproperty which may be physically locatedwithin Schedule II coal mine, the successfulbidder or the allottee, shall, in such event beentitled to appropriate the sale proceeds ofsuch movable property disposed off to pay for

any cost incurred by the successful bidder orallottee, for the removal, storage, sale anddisposal of such movable property, as a firstcharge over the sale proceeds of such movableproperty:

Provided that the remaining sale proceedsafter appropriation of costs, shall be paid bythe successful bidder or allottee to the CentralGovernment towards any compensation thatmay be payable to the owner of such movableproperty sold, upon establishment of title tosuch movable property in accordance withsuch rules as may be prescribed:

Provided further that if a third partycontractor to the prior allottee owns suchmovable property, then, such third party shallbe entitled to prove its right to receivecompensation from the sale proceeds of themovable property sold as per this sub-section,in accordance with such rules as may beprescribed.

11. Discharge or adoption of third partycontracts with prior allottees.— (1) Notwith-standing anything contained in any other lawfor the time being in force, a successful bidderor allottee, as the case may be, in respect ofSchedule I coal mines, may elect, to adoptand continue such contracts which may beexisting with any of the prior allottees inrelation to coal mining operations and thesame shall constitute a novation for theresidual term or residual performance of suchcontract:

Provided that in such an event, thesuccessful bidder or allottee or the priorallottee shall notify the nominated authorityto include the vesting of any contracts adoptedby the successful bidder.

(2) In the event t at a successful bidder orallottee elects not to adopt or continue withexisting contracts which had been enteredinto by the prior allottees with third parties,in that case all such contracts which have notbeen adopted or continued shall cease to beenforceable against the successful bidder orallottee in relation to the Schedule I coal mineand the remedy of such contracting partiesshall be against the prior allottees.


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12. Provisions in relation to securedcreditors.— (1) The secured creditors of theprior allottees which had any security interestin any part of the land or mine infrastructureof a Schedule I coal mine shall be entitledto—

(a) continue with such facility agreementsand security interest with the prior allotteeif such prior allottee is a successful bidderor allottee; and

(b) in the event that the prior allottee isnot a successful bidder or allottee, then thesecurity interest of such secured creditorshall only be satisfied out of thecompensation payable to such prior allottee,to the extent determined in accordance withsuch rules as may be prescribed and theoutstanding debt shall be recoverable fromthe prior allottee.

(2) The Central Government shall, takinginto consideration the provisions containedin section 9, prescribe the manner in whichthe secured creditor shall be paid out of thecompensation in respect of any prior allottee.

13. Void alienations and permitted securityinterests.— Any and all alienations of landand mine infrastructure and creation of anyencumbrances of whatsoever nature thereonwhich relate to Schedule I coal mines, madeby any prior allottee after the 25th day ofAugust, 2014 shall be void, save and exceptany registered security interest and chargeover the land and mine infrastructure asregistered by a bank or a financial institutionor any other secured lender.

14. Liabilities of prior allottees.— (1)Notwithstanding anything contained in anyother law for the time being in force, noproceedings, orders of attachment, distress,receivership, execution or the like, suits forthe recovery of money, enforcement of ansecurity or guarantee (except as otherwiseprovided for under this Ordinance), prior tothe date of commencement of this Ordinanceshall lie, or be proceeded further with and no

remedies shall be available against thesuccessful bidder, or allottee, as the case maybe or against the land and mine infrastructurein respect of Schedule I coal mines.

(2) The proceedings as referred to insub-section (1), shall continue as a personalremedy against the prior allottee but shallnot be maintainable or continued against theland or mine infrastructure of Schedule I coalmine or the successful bidder or allotteepursuant to this Ordinance.

(3) Every liability of any prior allottee inrelation to a Schedule I coal mine in respectof any period prior to the vesting order orallotment order, shall be the liability of suchprior allottee and shall be enforceable againstit and not against the successful bidder orallottee or the Central Government.

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

(5) The additional levy imposed against theprior allottees of Schedule II coal mines shallcontinue to remain the liability of such priorallottees and such additional levy shall becollected by the Central Government in suchmanner as may be prescribed.

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

(a) no claim for wages, bonus, royalty,rate, rent, taxes, provident fund, pension,gratuity or any other dues in relation to aSchedule I coal mine in respect of any periodprior to the date of vesting order orallotment order, as the case may be, shallbe enforceable against the CentralGovernment or the successful bidder or theallottee, as the case may be;

(b) no award, decree, attachment or orderof any court, tribunal or other authority inrelation to any Schedule I coal mine passedprior to the date of commencement of thisOrdinance, in relation to the land and mineinfrastructure of Schedule I coal mines, shallbe enforceable against the CentralGovernment or the successful bidder or theallottee, as the case may be;



637

(c) no liability for the contravention ofany provision of law for the time being inforce, relating to any act or omissionprior to the date of vesting order orallotment order, as the case may be,shall be enforceable against the successfulbidder or allottee or the CentralGovernment.

15. Commissioner of Payments to beappointed and his powers.— (1) For thepurposes of disbursing the amounts payableto the prior allottees of Schedule I coal mines,the Central Government shall appoint anofficer not below the rank of Joint Secretaryto the Government of India, to be theCommissioner of Payments.

(2) The Central Government may appointsuch other officers and staff as it may think fitto assist the Commissioner and thereuponthe Commissioner may authorise one or moreof such officers to also exercise all or any ofthe powers exercisable by him under thisOrdinance.

(3) Any officer authorised by theCommissioner to exercise any powers mayexercise those powers in the same mannerand with the same effect as if they have beenconferred on him directly by this Ordinanceand not by way of authorisation.

(4) The salaries and allowances and otherterms and conditions of service of theCommissioner and other officers and staffappointed under this section shall be such asmay be prescribed.

(5) The Central Government shall, within aperiod of thirty days from such date as maybe notified pay to the Commissioner forpayment to the prior allottee, an amount equalto the compensation determined by thenominated authority.

(6) Separate records shall be maintainedby the Commissioner in respect of eachSchedule I coal mine in relation to whichpayments have been made to him under thisOrdinance.

16. Valuation of compensation for paymentto prior allottee.— (1) The quantum ofcompensation for the land in relation toSchedule I coal mines shall be as per theregistered sale deeds lodged with thenominated authority in accordance with suchrules as may be prescribed, together withtwelve per cent. simple interest from the dateof such purchase or acquisition, till the dateof the execution of the vesting order or theallotment order, as the case may be:

(2) The quantum of compensation for themine infrastructure in relation to Schedule Icoal mines shall be determined as per thewritten down value reflected in the statutorilyaudited balance sheet of the previous financialyear in accordance with such rules and insuch manner as may be prescribed.

(3) If the successful bidder or allottee is aprior allottee of any of the Schedule I coalmines, then, the compensation payable tosuch successful bidder or allottee shall be setoff or adjusted against the auction sum or theallotment sum payable by such successfulbidder or allottee, as the case may be, for anyof the Schedule I coal mines.

(4) The prior allottee shall not be entitledto compensation till the additional levy hasbeen paid.

CHAPTER IV

Powers of the Central Government afterthe appointed date

17. Responsibility of Central Governmentafter the appointed date.— (1) On and fromthe appointed date, the Central Governmentor a company owned by the CentralGovernment shall be deemed to have becomethe lessee or licensee of the State Governmentin relation to each of the Schedule II coalmines, in respect of which a mining lease orprospecting licence has been granted priorto the date of commencement of thisOrdinance, as if a mining lease or prospectinglicence in relation to such coal mine had beengranted to the Central Government or acompany owned by the Central Governmentand the period of such lease or licence shall


638

be the maximum period for which such leaseor licence could have been granted by theState Government under the MineralConcession Rules, 1960, and thereupon allthe rights under such mining lease, includingsurface, underground and other rights shallbe deemed to have been transferred to, andvested in, the Central Government or acompany owned by the Central Government.

(2) On the expiry of the term of any leaseor licence, referred to in sub-section (1), suchlease or licence shall be renewed, by theState Government, in consultation with theCentral Government for the maximum periodfor which such lease or licence can be renewedunder the Mineral Concession Rules, 1960.

(3) As it is considered expedientand necessary in the public interestand in view of the difficult situationwhich has arisen, the powers of theState Government, under the Minesand Minerals (Development andRegulation) Act, 1957, to prema-turely terminate a prospectinglicence or mining lease, shall standsuspended, in relation to Schedule Icoal mines, for a period of one yearfrom the date of commencement ofthis Ordinance or such other periodas may be notified by the CentralGovernment.

18. Central Government to appointdesignated custodian.— (1) On and from theappointed date, if the auction or allotment ofSchedule I coal mines is not complete, theCentral Government shall appoint any personas a designated custodian for such coal minesas may be notified by the Central Governmentto manage and operate such notified coalmines.

(2) The designated custodian shall act forand on behalf of the Central Government inrespect of the notified coal mines under sub--section (1) to operate and manage suchSchedule I coal mines in such manner as maybe notified, till the completion of the auctionof such coal mines or allotment under section4 and section 5 read with section 8, as thecase may be.

19. Powers and functions of the designatedcustodian in respect of Schedule II coal mines.—(1) The designated custodian appointed undersub-section (1) of section 18, shall be entitledto take control and possession of all lands, inor adjacent to Schedule II coal mines, andused for coal mining operations and the mineinfrastructure in relation to Schedule II coalmine, on behalf of the Central Government.

(2) The designated custodian may directthe prior allottees or any other personsincharge of the management of the ScheduleII coal mine and coal mining operationsimmediately before the appointed date toprovide the requisite manpower, as may benecessary, to ensure continuity in coal miningoperations and production of coal.

(3) The designated custodian shall receive,to the exclusion of all other persons, anymonies due to Schedule II coal mines,notwithstanding cases where such receiptpertains to a transaction made at any timebefore the appointed date.

(4) The designated custodian may call forany information, records and documents inrelation to Schedule II coal mines and coalmining operations from any or all such personswho were in charge of the management andoperation of such Schedule II coal mines priorto the appointed date, and such persons shallbe bound to deliver to the designatedcustodian all such documents in their custodyrelating to Schedule II coal mines.

(5) The designated custodian may appointsuch consultants or experts, as may benecessary, in relation to the management andoperation of Schedule II coal mines.

(6) The designated custodian shall transferthe management and operation of anySchedule II coal mines to such person in suchmanner as may be prescribed.

(7) The designated custodian shall have thepower to perform such other functions whichmay be consequential or incidental to thefunctions specified under this section.

(8) Notwithstanding anything contained inany other law for the time being in force, the

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designated custodian shall, in exercise of itsor powers or the performance of its functionsunder this Ordinance, be bound by suchdirections on questions of policy, as theCentral Government may give in writing to itfrom time to time.

CHAPTER V

Certain Arrangements

20. Power of Central Government to approvecertain arrangements.— (1) A successful bidderor allottee or coal linkage holder shall, withprior approval of the Central Government andin accordance with such rules as may beprescribed, be entitled to enter into certainagreements or arrangements with othersuccessful bidder or allottee or coal linkageholder, as the case may be, for optimumutilisation of coal mine for the same end usesin the public interest and to achieve costefficiencies.

(2) A successful bidder or allottee may alsouse the coal mine from a particular ScheduleI coal mine for any of its plants engaged incommon specified end uses, in accordancewith such rules as may be prescribed.

CHAPTER VI

Miscellaneous

21. Acquisition of land.— (1) Allexisting land acquisition pro-ceedings under the Right to FairCompensation and Transparency inLand Acquisition, Rehabilitationand Resettlement Act, 2013, inrelation to Schedule I coal mines,shall continue in respect of suchareas of land in accordance withthe provisions of the said Act.

(2) All such areas of land whichare not subject matter of landacquisition proceedings, in relationto the coal mines, under the Rightto Fair Compensation andTransparency in Land Acquisition,Rehabilitation and ResettlementAct, 2013 may be proceeded withby the Central Government in terms

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

(3) The State Governments whichhave initiated land acquisitionproceedings under provisions of theRight to Fair Compensation andTransparency in Land Acquisition,Rehabilitation and ResettlementAct, 2013 and all such lands whichare also subject matter of the saidAct in respect of Schedule I coalmines, shall—

(a) not transfer any land to the priorallottees which have been acquired underthe said Act;

(b) continue the land acquisitionproceedings till the appointed date;

(c) for such Schedule I coal mines whichhave not vested in the successful bidder orthe allottee, as the case may be, by theappointed date, continue the landacquisition proceedings for and on behalfof the Central Government;

(d) upon the vesting or the allotment, asthe case may be, after the appointed date,continue such land acquisition proceedingson behalf of the successful bidder or theallottee.

22. Realisation of additional levy.— If a priorallottee of Schedule II coal mine fails to depositthe additional levy with the CentralGovernment within the specified time, then,such additional levy shall be realised as thearrears of land revenue.

23. Penalties for certain offences.— lf anyperson—

(a) obstructs or causes any impedimentin taking possession or in the managementand operation of the Schedule I coal minesby the Central Government or thedesignated custodian; or

(b) fails to deliver to the designatedcustodian any books of account, registersor any other document in his custody

30 of 2013.

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relating to Schedule I coal mines and coalmining operations in respect of themanagement of which the designatedcustodian has been appointed; or

(c) destroys or misuses any mineinfrastructure or coal stock; or

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

he and any officer-in-default of the companyshall be punishable with imprisonment for aterm which may extend to two years, or withthe minimum fine of one lakh rupees per dayand in the case of continuing failure, with amaximum fine of two lakh rupees for everyday during which the failure continues or withboth, depending upon the nature of theoffence.

24. Penalty for failure to comply withdirections of Central Government.— If anyperson fails to comply, without reasonablecause, with a direction given by the CentralGovernment or nominated authority or thedesignated custodian, he shall be punishablewith a fine of one lakh rupees and in the caseof continuing failure with a maximum fine oftwo lakh rupees for every day during whichthe failure continues, depending upon thenature of the offence.

25. Offences by companies.— (1) Where anoffence under this Act has been committedby a company, every person who at the timethe offence was committed was in-charge of,and was responsible to, the company forconduct of business of the company as wellas the company shall be deemed to be guiltyof the offence and shall be liable to beproceeded against and punished accordingly:

Provided that nothing contained in this sub--section shall render any such person liableto any punishment, if he proves that theoffence was committed without his knowledgeand that he had exercised all due diligence toprevent the commission of such offence.

(2) Notwithstanding anything contained insub-section (1) where any offence under this

Act has been committed by a company andit is proved that the offence has beencommitted with the consent or connivance of,or is attributable to, any neglect on the partof any director, manager, secretary or otherofficer of the company, such director, manager,secretary or other officer shall be deemed tobe guilty of that offence and shall be liable tobe proceeded against and punishedaccordingly.

26. Cognizance of offences.— No court shalltake cognizance of any offence punishableunder this Ordinance or any rules madethereunder except upon complaint in writingmade by a person authorised in this behalf bythe Central Government or nominatedauthority or the designated custodian.

27. Ordinance to have overriding effect.—The provisions of this Ordinance shall haveeffect, notwithstanding anything inconsistenttherewith contained in any other law for thetime being in force or in any instrument havingeffect by virtue of any such law.

28. Amendment of certain Actscontained in Schedule IV.— On andfrom the date of commencement ofthis Ordinance, the Coal Mines(Nationalisation) Act, 1973 and theMines and Minerals (Developmentand Regulation) Act, 1957 shallstand amended in the mannerprovided in Schedule IV.

29. Power to make rules.— (1) The CentralGovernment may, by notification in the OfficialGazette, and subject to the condition ofprevious publication, make rules for carryingout the provisions of this Ordinance.

(2) In particular, and without prejudice thegenerality of the foregoing power, such rulesmay provide for all or any of the followingmatters, namely:—

(a) the manner of allocation of ScheduleI coal mines by way of public auction anddetails of fees under sub-section (1) ofsection 4;

26 of 1973.

67 of 1957.



641

(b) the terms and conditions for grantingreconnaissance permit, prospecting licenceor mining lease and the manner andconditions of competitive bidding undersub-section (2) of section 4;

(c) norms to become eligible to bid in anauction and the amount of investment inrespect of a company having a coal linkageunder sub-section (3) of section 4;

(d) the period within which the paymentof additional levy by the prior allottee underof sub-section (4) of section 4;

(e) the allotment order to makeallocations to a Government company orcorporation under sub-section (3) of section5;

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

(g) the manner of bidding for Schedule IIcoal mines and execution of the allocationorders under sub-section (5) of section 6;

(h) the salaries and allowances and otherterms and conditions of service of thenominated authority and other officers andstaff under sub-section (6) of section 6;

(i) the manner of notifying the particularsof Schedule I coal mines to be auctionedand furnishing of required information bythe prior allottees under sub-section (1) ofsection 8;

(j) the manner of conducting auction anddrawing of a vesting order under sub--section (3) of section 8;

(k) determination of floor price by thenominated authority under sub-section (5)of section 8;

(l) the form and manner of furnishing ofbank guarantee and the time within whichsuch furnishing of bank guarantee undersub-section (6) of section 8;

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

(n) the manner of establishing title ofmovable property by the prior allottee orthird party who has a contract with theprior allottee for the movable property underthe first proviso to sub-section (5) of section10;

(o) the manner of receiving compensationfrom the sale proceeds of the movableproperty under the second proviso to sub--section (5) of section 10;

(p) the manner in which the securedcreditor paid out of the compensation inrespect of any prior allottee under sub--section (2) of section 12;

(q) the manner of collection of additionallevy by the Central Government from theprior allottees of Schedule II coal minesunder sub-section (5) of section 14;

(r) the salaries and allowances and otherterms and conditions of service of theCommissioner of Payments and otherofficers and staff under sub-section (4) ofsection 15;

(s) the manner of determination ofcompensation payable to prior allottee andthe lodging of registered sale deeds withthe nominated authority under sub-section(1) of section 16;

(t) the method of determination ofcompensation for mine infrastructure inrelation to Schedule I and its reflection inthe statutorily audited balance sheet undersub-section (2) of section 16;

(u) the manner of transfer of themanagement and operation of any ScheduleII coal mines by the designated custodianunder sub-section (6) of section 19;

(v) the manner of providing agreementsor arrangements for optimum utilisation ofcoal mined for specified end uses undersub-section (1) of section 20;

(w) the manner of usage of coal mine bya successful bidder or allottee for any ofits plants under sub-section (2) of section20;


642

(x) any other matter which is required tobe, or may be, prescribed.

(3) Every rule made under and everynotification issued by the Central Government,under this Ordinance, shall be laid, as soonas may be after it is made, before each Houseof Parliament, while it is in session, for a totalperiod of thirty days which may be comprisedin one session or in two or more successivesessions, and if, before the expiry of thesession immediately following the session orthe successive sessions aforesaid, both Housesagree in making any modification in the ruleor notification, or both Houses agree that therule or notification should not be made, therule or notification shall thereafter have effectonly in such modified form or be of no effect,as the case may be; so, however, that anysuch modification or annulment shall be

without prejudice to the validity of anythingpreviously done under that rule or notification.

30. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Ordinance, the CentralGovernment may, by order published in theOfficial Gazette, make such provisions, notinconsistent with the provisions of this Act,as appear to it to be necessary or expedientfor removing the difficulty:

Provided that no such order shall be madeafter the expiry of a period of two years fromthe date of commencement of this Ordinance.

(2) Every order made under this sectionshall, as soon as may be after it is made, belaid before each House of Parliament.

SCHEDULE - I

[See section 3(1)(p)]

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

1 2 3 4

1. Tadicherla-I Andhra Pradesh Power Generation Corpn. Ltd. Andhra Pradesh2. Anesttipali Andhra Pradesh Power Generation Corpn. Ltd. Andhra Pradesh3. Punkula-Chilka Andhra Pradesh Power Generation Corpn. Ltd. Andhra Pradesh4. Penagaddppa Andhra Pradesh Power Generation Corpn. Ltd. Andhra Pradesh5. Namchik Arunachal Pradesh Mineral Dev. & Trading Corporation Arunachal

Namphuk Pradesh6. Sayang AES Chhattisgarh Energy Pvt. Ltd. Chhattisgarh7. Rajgamar Dipside API Ispat & Powertech Pvt. Ltd., CG Sponge Chhattisgarh

(Deavnara) Manufacturers Consortium Coalfield Pvt. Ltd.8. Durgapur-II/ Bharat Alluminium Company Ltd. Chhattisgarh

/Taraimar9. Datima Binani Cement Ltd. Chhattisgarh

10. Tara Chhattisgarh Mineral Development Corporation Limited Chhattisgarh11. Gare Pelma, Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

Sector-I12. Shankarpur Chhattisgarh Mineral Development Corporation Limited Chhattisgarh

Bhatgaon II Extn.13. Sondhia Chhattisgarh Mineral Development Corporation Limited Chhattisgarh14. Parsa Chhattisgarh State Electricity Board Chhattisgarh15. Vijay Central Coal India Limited, SKS Ispat & Power Ltd. Chhattisgarh16. Gidhmuri Chattishgarh State Electricity Board Chhattisgarh17. Paturia Chattishgarh State Electricity Board Chhattisgarh18. Durgapur-II/Sarya DB Power Ltd. Chhattisgarh19. Bhaskarpara Electrotherm (India) Ltd., Grasim Industries Ltd. Chhattisgarh20. West of Umaria Sainik Finance and Industries Ltd. (Earlier Garuda Chhattisgarh

Clays Ltd.)21. Morga II Gujrat Mineral Development Corporation Chhattisgarh



643

1 2 3 4

22. Gare Pelma Goa Industrial Development Corporation ChhattisgarhSector III

23. Madanpur South Hindustan Zinc Ltd., Akshya Investment Pvt. Ltd., ChhattisgarhChhattisgarh Steel & Power Ltd., Chhattisgarh ElectricityCorporation Ltd., MSP Steel & Power Ltd., ChhattisgarhCaptive Coal Mining Ltd. (Consortium of five Cos.)

24. Nakia I Ispat Godavari Ltd., Ind Agro Synergy Ltd., Shri Nakoda ChhattisgarhIspat Ltd., Vandana Gobal Ltd., Shree Bajrang Power &Ispat Ltd.

25. Nakia II Ispat Godavari, Ind Agro Synergy, Shri Nakoda Ispat, ChhattisgarhVandana Gobal Ltd., Shree Bajrang Power & Ispat Ltd.

26. Gare-Palma-IV/4 Jayaswal Neco Ltd. Chhattisgarh27. Gare Palma-IV/8 Jayaswal Neco Ltd. Chhattisgarh28. Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh29. Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh30. Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd.) Chhattisgarh31. Gare-Palma-IV/6 Jindal Steel & Power Ltd., Nalwa Sponge Iron Ltd. Chhattisgarh32. 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 Chhattisgarh34. Morga III Madhya Pradesh State Mineral Corporation Limited Chhattisgarh35. Morga IV Madhya Pradesh State Mineral Corporation Limited Chhattisgarh36. Gare Pelma Maharashtra State Mining Corpn Ltd., Chhattisgarh

Sector II Tamil Nadu State Electricity Board37. Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh38. Rajgamar Dipside Monnet Ispat and Energy Ltd., Chhattisgarh

(South of Topworth Steel Pvt. Ltd.Phulakdih Nala)

39. Talaipali National Thermal Power Ltd. Chhattisgarh40. Chotia Prakash Industries Ltd.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) Chhattisgarh43. Kesla North Rathi Udyog Ltd. Chhattisgarh44. Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh45. Panchbahani Shree Radhe Industries Ltd. Chhattisgarh46. Fatehpur SKS Ispat and Power Ltd., Prakash Industries Ltd. Chhattisgarh47. Madanpur (North) Ultratech Ltd., Singhal Enterprise Ltd., Nav Bharat Chhattisgarh

Coalfield Ltd., Vandana Energy & Steel Pvt. Ltd., PrakashIndustries Ltd., Anjani Steel Pvt. Ltd., ChhattisgarhCaptive Coal Mining Ltd. (Consortium of five Co.)

48. Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand49. Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand50. Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand51. Seregarha Arcelor Mittal India Ltd., Jharkhand

GVK Power (Govindwal Sahib) Ltd.52. Patal East Bhushan Power and Steel Ltd. Jharkhand53. Saria Koiyatand Bihar Rajya Khanij Vikas Nigam (BRKVN) Patna Jharkhand54. Macherkunda Bihar Sponge Iron Ltd. Jharkhand55. Brahmadiha Castron Technologies Ltd. Jharkhand56. Mahuagarhi Calcutta Electricity Supply Corporation Ltd. (CESC), Jharkhand

Jas Infrastructure Capital Pvt. Ltd.


644

1 2 3 4

57. Chitarpur Corporate Ispat Alloys Ltd. Jharkhand58. Saharpur Damodar Valley Corporation Jharkhand

Jamarpani59. Lalgarh (North) Domco Smokeless Fuel Pvt. Ltd. Jharkhand60. Parbatpur-Central Electrosteel Castings Ltd. Jharkhand61. Chakla Essar Power Ltd. Jharkhand62. Ashok Karkatta Essar Power Ltd. Jharkhand

Central63. Jainagar Gujarat Mineral Development Corporation (GMDC) Jharkhand64. Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand65. Tubed Hindalco Industries Ltd., Tata Power Company Ltd. Jharkhand66. Moira Jayaswal Neco Ltd. Jharkhand67. North Dhadu Jharkhand Ispat Pvt. Ltd, Pavanjay Steel & Power Ltd., Jharkhand

Electrosteel castings Ltd, Adhunik Alloys & Power Ltd. Jharkhand68. Banhardih Jharkhand State Electricity Board Jharkhand69. Sugia Closed mine Jharkhand State Mineral Development Corporation Jharkhand70. Rauta Closed mine Jharkhand State Mineral Development Corporation Jharkhand71. Burakhap small Jharkhand State Mineral Development Corporation Jharkhand

patch72. Pindra-Debipur- Jharkhand State Mineral Development Corporation Ltd. Jharkhand

-Khaowatand73. Latehar Jharkhand State Mineral Development Corporation Ltd. Jharkhand74. Patratu Jharkhand State Mineral Development Corporation Ltd. Jharkhand75. Rabodih OCP Jharkhand State Mineral Development Corporation Ltd. Jharkhand76. Jogeshwar & Jharkhand State Mineral Development Corporation Ltd. Jharkhand

Khas Jogeshwar77. Jitpur Jindal Steel & Power Ltd. Jharkhand78. Amarkonda Jindal Steel and Power Ltd., Gagan Sponge Iron Pvt. Ltd. Jharkhand

Murgadangal79. Urma Paharitola Jharkhand State Electricity Board, Bihar State Mineral Jharkhand

Development Corporation Ltd.80. Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Jharkhand

Industries Ltd.81. Gomia Metals and Minerals Trading Corporation Jharkhand82. Rajhara North Mukund Limited, Vini Iron & Steel Udyog Limited Jharkhand

(Central & Eastern)83. Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand84. Kerandari National Thermal Power Ltd. Jharkhand85. Chatti Bariatu National Thermal Power Ltd. Jharkhand86. Chhati Bariatu National Thermal Power Ltd. Jharkhand

South87. Brahmini National Thermal Power Ltd. + Coal India Limited JV Jharkhand88. Chichro Patsimal National Thermal Power Ltd. + Coal India Limited JV Jharkhand89. Pachwara Central Punjab State Electricity Board Jharkhand90. Mahal Rashtriya Ispat Nigam Limited Jharkhand91. Tenughat-Jhirki Rashtriya Ispat Nigam Limited Jharkhand92. Bundu Rungta Mines Limited Jharkhand93. Mednirai Rungta Mines Limited, Kohinoor Steel (P) Ltd. Jharkhand94. Choritand Tiliaya Rungta Mines Limited, Sunflag Iron & Steel Co. Ltd. Jharkhand95. Sitanala Steel Authority of India Ltd. Jharkhand96. Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand97. Badam Tenughat Vidyut Nigam Limited Jharkhand98. Rajbar E&D Tenughat Vidyut Nigam Limited Jharkhand



645

1 2 3 4

99. Gondulpara Tenughat Vidyut Nigam Limited, Damodar Valley JharkhandCorporation

100. Korte-Basantpur Tata Iron and Steel Co. Ltd. (Now Tata Steel Ltd.) Jharkhand101. Pachmo Tata Iron and Steel Co. Ltd. (Now Tata Steel Ltd.) Jharkhand102. Lohari Usha Martin Ltd. Jharkhand103. Kathautia Usha Martin Ltd. Jharkhand104. Pachwara North West Bengal Power Development Corporation Limited Jharkhand

(WBPDCL)105. Suliyari Andhra Pradesh Mineral Development Corporation Madhya Pradesh106. Bikram Birla Corporation Ltd. Madhya Pradesh107. Gotitoria (East) BLA Industries Ltd. Madhya Pradesh108. Gotitoria (West) BLA Industries Ltd. Madhya Pradesh109. Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh110. Mandla North Jaipraskash Associates Ltd. Madhya Pradesh111. Urtan North Jindal Steel & Power Ltd., Monet Ispat and Energy Ltd. Madhya Pradesh112. Thesgora-B/ Kamal Sponge Steel & Power Limited, Revati Cement Madhya Pradesh

/Rudrapuri P. Ltd.113. Amelia Madhya Pradesh State Mining Corporation Madhya Pradesh114. Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh115. Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh116. Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh117. Marki Barka Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh118. Semaria/Piparia Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh119. Bicharpur Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh120. Tandsi-III & Mideast Integrated Steels Ltd. Madhya Pradesh

Tandsi-III (Extn.)121. Sahapur East National Mineral Dev. Corp. Madhya Pradesh122. Sahapur West National Mineral Dev. Corp. Madhya Pradesh123. Mara II Mahan NCT of Delhi, Delhi, Haryana Power Generation Madhya Pradesh

Corp. Ltd. (HPGCL)124. Sial Ghoghri Prism Cement Limited Madhya Pradesh125. Brahampuri Pushp Steel and Mining Ltd. Madhya Pradesh126. Rawanwara North SKS Ispat Limited Madhya Pradesh127. Bander AMR Iron & Steels Pvt. Ltd., Century Textiles & Madhya Pradesh

Industries Ltd., J. K. Cement Ltd.128. Marki Mangli-I B.S. Ispat Ltd. Maharashtra129. Takli-lena-Bellora Central Collieries Co. Ltd. and Lloyds Metals & Maharashtra

(North) & Takli- Engineering Ltd.-Jena-Bellora(South)

130. Dahegaon/ IST Steel & Power Ltd., Gujarat Ambuja Cement Ltd., Maharashtra/Makard hokra-IV Lafarge India Pvt. Ltd.

131. Gonkhari Maharashtra Seamless Limited, Dhariwal Infrastructure Maharashtra(P) Ltd., Kesoram Industries Ltd.

132. Marki-Zari- Maharashtta State Mining Corpn. Ltd. Maharashtra-Jamani-Adkoli

133. Lohara (East) Murli Industries Ltd., Grace Industries Ltd. Maharashtra134 Khappa & Extn. Sunflag Iron & Steel Ltd., Dalmia Cement (Bharat) Ltd. Maharashtra135. Lohara West Extn. Adani Power Ltd. Maharashtra136. Warora West Bhatia International Ltd. Maharashtra

(North)137. Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra138. Warora (West) Fieldmining & Ispat Ltd. Maharashtra

Southern Part


646

1 2 3 4

139. Chinora Fieldmining & Ispat Ltd. Maharashtra140. Majra Gondwana Ispat Ltd. Maharashtra141. Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields & Maharashtra

Washeries Ltd.142. Baranj - I Karnataka Power Corp. Ltd. (KPCL) Maharashtra143. Baranj - II Karnataka Power Corp. Ltd. (KPCL) Maharashtra144. Baranj - III Karnataka Power Corp. Ltd. (KPCL) Maharashtra145. Baranj - IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra146. Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra147. Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra148. Agarzari Maharastra State Mining Corporation Limited (MSMCL) Maharashtra149. Warora Maharashtra State Mining Corporation Limited (MSMCL) Maharashtra150. Bhandak West Shree Baidyanath Ayurved Bhawan Ltd. Maharashtra151. Marki Mangli-II Shree Veerangana Steel Limited. Maharashtra152. Marki Mangli-III Shree Veerangana Steel Limited. Maharashtra153. Marki Mangli-IV Shree Veerangana Steel Limited. Maharashtra154. Belgaon Sunflag Iron & Steel Co. Ltd. Maharashtra155. Mandakini B Assam Mineral Dev. Corporation Ltd., Meghalaya Mineral Orissa

Dev. Corp, Tamil Nadu Electricity Board, Orissa MiningCorporation Ltd.

156. New Patrapara Bhusan Steel & Strips Ltd., Adhunik Metaliks Ltd., OrissaDeepak Steel & Power Ltd., Adhunik Corp. Ltd., OrissaSponge Iron Ltd., SMC Power Generation Ltd., SreeMetaliks Ltd., Visa Steel Ltd.

157. Bijahan Bhushan Ltd., Shri Mahavir Ferro Alloys Pvt. Limited. Orissa158. Jamkhani Bhushan Ltd.159. Naini Gujarat Mineral Development Corporation, Pondichery Orissa

Industrial Promotion Development and Investment OrissaCorporation Limited.

160. Mahanadi Gujarat State Electricity Corporation Limited, OrissaMaharashtra State Electricity Board

161. Machhakata Gujarat State Electricity Corporation Limited, OrissaMaharashtra State Electricity Board

162. Talabira-I Hindalco Industries Ltd. Orissa163. Ramchandi Jindal Steel & Power Ltd. Orissa

Promotion Block164. Utkal B 1 Jindal Steel & Power Ltd. Orissa165. Baitarni West Kerala State Electricity Board, Orissa Hydro Power Corp., Orissa

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

Corporation Ltd., Hindalco Industries Ltd.167. Utkal-A Mahanadi Coalfields Ltd. (MCL), JSW Steels Ltd., Orissa

Jindal Thermal Power Comp. Ltd., Jindal StainlessSteels Ltd., Shyam DRI Ltd.

168. Utkal-B2 Monet Ispat Ltd. Orissa169. Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd., Orissa

Tata Power Company Ltd.170. Utkal-E National Alluminium Corporation Orissa171. Dulanga National Thermal Power Corporation Orissa172. Utkal-D Orissa Mining Corporation Orissa173. Nuagaon Telisahi Orissa Mining Corporation, Andhra Pradesh Mineral Orissa

Development (APMDC)174. Manoharpur Orissa Power Generation Corporation Orissa



647

1 2 3 4

175. Dipside Orissa Power Generation Corporation OrissaManoharpur

176. Radhikapur (West) Rungta Mines Limited, OCL India Ltd., Ocean Ispat Ltd. Orissa177. Rampia Sterlite Energy Ltd., (IPP), GMR Energy Ltd. (IPP), Orissa

Arcelor Mittal India Ltd. (CPP), Lanco Group Ltd. (IPP),Navbharat Power Pvt. Ltd. (IPP), Reliance EnergyLtd. (IPP)

178. Dipside of Rampia Sterlite Energy Ltd., (IPP), GMR Energy (IPP), Arcelor Orissa

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) Orissa

Srirampur

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

Iron Ltd.

181. Chendipada Uttar Pradesh Rajya Vidut Utpadan Limited, Chhattisgarh Orissa

Mineral Development Corporation Limited, Maharashtra

State Power Generation Corporation Ltd.

182. Chendipada-II Uttar Pradesh Rajya Vidut Utpadan Limited, Chhattisgarh Orissa

Mineral Development Corporation Limited, Maharashtra

State Power Generation Corporation Ltd.

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

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

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

Cement Ltd.

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

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

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

(WBPDCL)

194. Gangaramchak West Bengal Power Development Corporation Limited West Bengal

(WBPDCL)

195. Barjora West Bengal Power Development Corporation Limited West Bengal

(WBPDCL)

196. Gangaramchak- West Bengal Power Development Corporation Limited West Bengal

Bhadulia (WBPDCL)

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. Inchhapur West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal


648

1 2 3 4

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 West Bengal

(Kalyaneshwari) (WBPDCL)

SCHEDULE - II

[See section 3(1)(q)]


1 2 3 4

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

2. Gare-Palma-IV/4 Jayaswal Neco Ltd. Chhattisgarh3. Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh4. Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh5. Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd.) Chhattisgarh6. Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh7. Chotia Prakash Industries Ltd. Chhattisgarh8. Gare-Palma-IV/7 Raipur Alloys & Steel Ltd. (Now Sarda Energy and Chhattisgarh

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

10. Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh11. Parbatpur-Central Electrosteel Castings Ltd. Jharkhand12. Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand13. Panchwara Central Punjab State Electricity Board Jharkhand14. Kathautia Usha Martin Ltd. Jharkhand15. Pachwara North West Bengal Power Development Corporation Limited Jharkhand

(WBPDCL)16. Gotitoria (East) BLA Industnes Ltd. Madhya Pradesh17. Gotitoria (West) BLA Industries Ltd. Madhya Pradesh18. Mandla North Jaipraskash Associates Ltd. Madhya Pradesh19. Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh20. Bicharpur Madhya Pradesh State Mining Corporation Ltd. (KMPSMC)Madhya Pradesh21. Sial Ghoghri Prism Cement Limited Madhya Pradesh22. Marki Mangli-I B. S. Ispat Ltd. Maharashtra23. Baranj-I Karnataka Power Corp. Ltd. (KPCL) Maharashtra24. Baranj-II Karnataka Power Corp. Ltd. (KPCL) Maharashtra25. Baranj-III Karnataka Power Corp. Ltd. (KPCL) Maharashtra26. Baranj-IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra27. Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra28. Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra29. Marki Mangli-II Shree Veerangana Steels Limited Maharashtra30. Marki Mangli-III Shree Veerangana Steels Limited Maharashtra31. Belgaon Sunflag Iron & Steel Co. Ltd. Maharashtra32. Talabira-I Hindalco Industries Ltd. Orissa33. Barjora (North) Damodar Valley Corporation West Bengal34. Kagra Joydev Damodar Valley Corporation West Bengal35. Sarisatolli Calcutta Electricity Supply Corporation Ltd. West Bengal36. Ardhagram Sova Ispat Limited, Jai Balaji Sponge Ltd. West Bengal37. Tara (West) West Bengal Power Development Corporation Limited West Bengal

(WBPDCL)



649

1 2 3 4

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

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

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

41. Tara (East) West Bengal State Electricity Board West Bengal42. Trans Damodar West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal

SCHEDULE - III

[See section 3(1)(r)]


1 2 3 4

1. Durgapur-II/ Bharat Alluminium Company Ltd. Chhattisgarh/Taraimar

2. Durgapur-II/Sarya DB Power Ltd. Chhattisgarh3. Gare Pelma Goa Industrial Development Corporation Chhattisgarh

Sector III4. Gare Palma IV/8 Jayaswal Neco Ltd. Chhattisgarh5. Talaipali National Thermal Power Ltd. Chhattisgarh6. Chatti Bariatu National Thermal Power Ltd. Jharkhand7. Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh8. Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh9. Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh

10. Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra11. Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields Maharashtra

& Washeries Ltd.12. Marki Mangli-IV Shree Veerangana Steel Limited Maharashtra13. Jamkhani Bhushan Ltd. Orissa14. Utkal B 1 Jindal Steel & Power Ltd. Orissa15. Utkal-B2 Monet Ispat Ltd. Orissa16. Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd. Tata Power Orissa

Company Ltd.17. Utkal-C Utkal Coal Ltd. (formerly ICCL) Orissa18. Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand19. Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand20. Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand21. Moitra Jayaswal Neco Ltd. Jharkhand22. Jitpur Jindal Steel & Power Ltd. Jharkhand23. Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jharkhand

Jai Balaji Industries Ltd.24. Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand25. Kerandari National Thermal Power Ltd. Jharkhand26. Sitanala Steel Authority of India Ltd. Jharkhand27. Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand28. Badam Tenughat Vidyut Nigam Limited Jharkhand29. Tara Chhattisgarh Mineral Development Corporation Ltd. Jharkhand30. Lohari Usha Martin Ltd. Jharkhand31. Dulanga National Thermal Power Corporation Orissa32. Manoharpur Orissa Power Generation Corporation Orissa


650

SCHEDULE IV

(See section 28)

PART-A

The Coal Mines (Nationalisations) Act, 1973

(26 of 1973)

1. Amendment of section 1A.— In the CoalMines (Nationalisation) Act, 1973 (herein referredto as the principal Act), in sub-section (1) of section1A, after the word and figure “section 3”, the word,figure and letter, “section 3A” shall be inserted.

2. Insertion of new section 3A.— After section3 of the principal Act, the following section shallbe inserted, namely:

“3A. Mining operation by company andothers.— (1) Notwithstanding anythingcontained in this Act, any person being—

(a) a Government company or corporationor a joint venture company formed by suchcompany or corporation or between theCentral Government or the StateGovernment, as the case may, or any othercompany incorporated in India; or


may carry on coal mining operations in India,in any form either for own consumption, sale orfor any other purpose in accordance with theprospecting licence or mining lease, as the casemay be.

(2) The Central Government may, with a viewto rationalise such coal mines so as to ensurethe co-ordinated and scientific developmentand utilisation of coal resources consistent withthe growing requirements of the country, fromtime to time, prescribe—

(i) the coal mines or coal bearing areas andtheir location;

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

(iii) such other conditions,

Which in the opinion of that Governmern maybe necessary for the purpose of coa miningoperations or mining for sale by a company.

Explanation.— For the purposes ofthis section, “company” means acompany as defined in clause (20) ofsection 2 of the Companies Act, 2013.

3. Amendment of section 34.— In section 34 ofthe principal Act, in sub-section (2) after clause(a), the following clause shall be inser ted,namely:—

“(aa) the coal mines or coal bearing areasand their location, the minimum size of the coalmine or coal bearing areas, and such otherconditions which may be necessary for thepurpose of coal mining operations includingmining for sale by a company under sub-section(2) of section 3A.”.

PART-B

The Mines and Minerals (Development andRegulation) Act, 1957

(67 of 1957)

1. Substitution of new section for section 11A.—In the Mines and Minerals (Development andRegulation) Act, 1957 (herein referred to as theprincipal Act), for section 11A, the followingsection shall be substituted, namely:—

“11A. Granting of reconnaissance permit,prospecting licence or mining lease.— (1)Notwithstanding anything contained in thisAct, the Central Government may, for thepurpose of granting reconnaissance permitprospecting licence or mining lease in respectof any area containing coal or lignite, select anyof the following companies through auction bycompetitive bidding, on such terms andconditions as may be prescribed, namely:—

(a) a Government company or corporation ora joint venture company formed by suchcompany or corporation or between the CentralGovernment or the State Government, as thecase may, or any other company incorporatedin India; or


may carry on coal mining operations in India,in any form either for own consumption, sale orfor any other purpose in accordance with thepermit, prospecting licence or mining lease, asthe case may be.

(2) The Central Government may, with a viewto rationalise coal and lignite mines referred toin sub-section (1), so as to ensure the co-ordinated and scientific development and18 of 2013.



651

utilisation of resources consistent with thegrowing requirements of the country, from timeto time, prescribe—

(i) the details of mines and their location;

(ii) the minimum size of the such mines;

(iii) such other conditions,

which in the opinion of that Government maybe necessary for the purpose of miningoperations or mining for sale by a company.

(3) The State Government shall grant suchreconnaissance permit, prospecting licence ormining lease in respect of any area containingcoal or lignite to such company as selectedthrough auction by competitive bidding orotherwise under this section:

Provided that the auction by competitivebidding under this section shall not beapplicable to an area containing coal orlignite—

(a) where such area is considered forallocation to a Government company orcorporation or a joint venture companyformed by such company or corporation orbetween the Central Government or the StateGovernment, as the case may be;

(b) where such area is considered forallocation to a company or corporation or thathas been awarded a power project on thebasis of competitive bids for tariff (includingUltra Mega Power Projects).

Explanation.— For the purposesof this section, “company” meansa company as defined in clause(20) of section 2 of the CompaniesAct, 2013.”.

3. Amendment of section 13.— In section 13 ofthe principal Act, in sub-section (2), for clause(d), the following clause shall be substituted,namely:—

“(d) the terms and conditions of auction bycompetitive bidding, the details of mines andtheir location, the minimum size of such minesand such other conditions which may benecessary for the purpose of coal miningoperations including mining for sale by acompany under sub-section (1) and sub-section

(2) of section 11A.”.

PRANAB MUKHERJEE, President.

DR. SANJAY SINGH,Secretary to the Govt. of India.

18 of 2013.

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Panaji, 9th July, 2015 (Asadha 18, 1937) SERIES I No. 15 · Clause 1(ii) of the “Kala Gaurav...

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Transcript of Panaji, 9th July, 2015 (Asadha 18, 1937) SERIES I No. 15 · Clause 1(ii) of the “Kala Gaurav...