Coal Mines Nationalisation Laws (Amendment) Act, 1986 (No. 57 of 1986)

1. (1) This Act may be called the Coal Mines Nationalisation Laws (Amendment) Act, 1986. fhort t.tle and (2) Save as otherwise expressly provided, the amendments to the cc mmence. Coking Coal Mines (Nationalisation) Act, 1972 shall be deemed to have rnent. 36 o! 19'72. come into force on the 1st day of May, 1972 and the amendrr.ents to the Coal Mines (Nationalisation) Act, 1973 shall be deemed to have 26 o'i 1973. ccme into force on the 1st cby of May, 1973, and the re naininr, !Yovisions of this Act shall be deemed to have come into force , ,n the 7th day of October, 198G. ( I ) 139' G of I. THE GAZETTE OF nrnrA EXTRAORDINARY PART II- ------------===-.:.:====--=-===--=======- ---- :\rll'.'!Hl-

2. (1) --In c~~ction 4 of the Coking Coal Mines (Nationalisathn! Act, 36 of l! n1i..:111 ui' 1:l'i:'. 1 i ":n iti:tfler referred to as the Coking Coal Act), sub-scctwn (2) :--.~,.:t iu11 ~!. ::h:dl !Je omi Llcd and shall be deemed to have beep omitted v·ith effect frc;m the 1st da; of June, 1972. ~'.?) The omission of sub-section (2) •)f section. 4 of the Co: cing Coal !,l'l Jw !;lib-section (1) of this sect10n sholl not affect the previcus opera- lion ; 1 !Le provisions of the said sub-section (2) or anything duly done er su_iforcd thereunder. Amend- 3_ Jn section 6 of the Coking Coal Act,- ment of (a) in sub-section (1) , - section c. (i) for the words "as if a mining lease", the words "as if a fresh mining lease" shall be substituted; (ii) for the words "being the entire period", the words "shall b2 the maximum period" shall be substituted; (b) in sub-section (2), the words '', on the same terms and concli- ti0ns cm \vhich the lease was held on the appointed day," shall be omitted. Amend- -1- Section 10 of the Coking Coal A1:t shall be renumberell as sub- ment of section (1) thereof, and after sub-sec' ion (J) as so renumbered, the section fol!a,_vi11g sub-section sha11 be inserted, '.lamely:- 10. " (2) For the removal of doubts, it is hereby declared that the ar.1ount specified in the fifth colum:i of the First Schedule against any coking coal mine or group of coking coal mines specified in the Repe, second column of the said Schedule and required to be gh·en by the and Central Government to its owner under sub-section (1) shnll be savi deemed to include, and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or other assets referred to in clause (j) of section 3 on the date irmne- diatc1y before the appointed day and no further amount shall be v,y,J,Je io the owner in respect of such coal or other assets.". l\:::::nd- '.j. Scdion ll of the Coking Coal Act shall be renumbered as sub- rnc..t.:.t of ,,,•c:tiun r1) the ceof, and after sub-section (1) as so renumbered, the section fJ1-'.l; '.'Ing rnb-section shcill be inserted, namely:- 11. .. (2) For the removal of doubts, it is hereby declared that the :mw:,nt c:pecirtcd in the fifth column of the Second Schedule ugainst :1ny cuk1! u\'en pl::int specified in the second column of the said Sc11ellule and required to -be given by the Central Government to its owner ur:dcr sub-section (1) shall be deemed to include and - ' deemed alv.-ays. to have included, the amount required to be paid to such owner In respect of all coke in stock or other assets re- ferred to in clause (b) of section 3 on the date immediately before the ~ppoin(12d day and no further amount shall be payable to the ownl'r jn respect of such coke or other assets.''. 'i. For s-::ction 17 of the Coking C0al Act, the following section shall Sub.stitu_ tion or li·' s1ilJslitutcrl, n:1mcly:-- nc\V s~c- tion for '.;cction 17. SEc. l] THE GAZETTE OF INDIA EXTRAORDINARY _____-_-_-_-_-_-_-_-_::--------·--·-- ----- - - -···.::::::.:.=======-::::-:--====== 3 "17. Notwithst;rnding anything contained in the Indu;:;trial Di:.;- Lial,ili ty Hof 1947. putes Act, 1947 or in any oUier law for the time being in force, tLe uf uflicq· services of any officer or other employee employed in a coking coal or other mine or coke oven plant shall be liable to be transferred io c:ny c,lhcr cmp:oycc of a cok- coking coal mine or coke oven plant and such transfer shall not ing coal entitle such officer or other employee to any compensation under mine or this Act or any other law for the time being in force and no such cok.: oven claim shall be entertained by any court, tribunal or other authority.". plant for transfer to any other cok- ing coal mine or coke ovcm plant..

7. In section 21 of the Coking Coal Act,- Amend- ment of (a) in sub-section (2), the words, .figures and letters ", and simple section interest at the rate of four per cent. per annum on such amount for 21. the period commencing on the 1st day of Apnl, 1973 and ending on the date of payment of such amount to the Commissioner" shall hP. inserted at the end; ( b) in sub-section (5), the words, brackets and figure "ancl shall also be payable to the Commissioner in additic-n to the sum referred to in sub-section (1)" shall be ill.9erted at the end.

8. In section 22 of the Coking Coal Act,- Amend- (a) for sub-section (4), the following sub-section shall be sub- ment of stituted, namely:- .section 22. " (4) The liabilities of the coking coal mine or the coke oven plant (not being liabilities ·arising out of advances made by the Central Government or the Government company), which could not be discharged by the appointed day, may be discharged by ~ the Central Government or the Government company up to the specified date out of the realisations effected before or after the appointed day or out of advances or borrowings made up to the specified date and every payment so made shall be included in the statement of accounts as on the date immediately before the appointed day inclic:1ting lii0r<'in the periorl in relation to which t, ~ the payments were made and the payment: so made shall not be called in question in any court: Provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the, specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be:."; (b) after sub-section (7), tl1e following sub-section and Explana- tion shall be inserted, ncimely: - ' (R) The statement of accounts audited under sub-section (G) shall, unless tile contrary is proved, be conclusive proof in respect of every matter entered therein. E.-rplcliwtion.-For the purposes of this section, "stuternent of accounts'' nwans a statement in the form of receipts and .- ' J.. SEC. l] THE GAZETTE OF INDIA EXTRAORDINARY 5 in the Schedule shall be, .and shall be deemed always to hav:e been, corrected accordingly: Provided that no such corrcclion in relation to the o.wnership of a coal mine shall be made where such owne~ship is in dispute.''. (2) The omission 'of sub-section (2) of section 3 of the Coal Hines Ad by clause (a) of sub-section (1) of this section shall not affect the pre- vious operation of the provisions of the said sub-section (2) or anything duly done or suffered thereunder.

12. In section 4 of the Coal Mines Act.- Amend. ment_ o! (a) in sub-section (1) ,- section 4. (i) for the words "as if a mining lease", the words "as i£ a fresh mining lease'' shall be substituted; (ii) for the words "the entire period", the words "the maxi- mum period'' shall be substituted; (b) in sub-section (2), the words '', on the same terms and condi- tions on which the lease was held, immediately before the appointed day," 5hall lie omitted.

13. Section 8 0£ the Co::il TI.lines Act shall be renumbered as sub-section Amend- (1) thereof, and after suli-scction (1) as so renumbered, the following ment of -~ ' sub-section shall be inserted, namely:- section 8. "(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Schedule against any coal mine or group of coril mines specified in the second column of the said Schedule and required to be given by the Central Government to its owner under sub-section (1) shall be deemed to include, and deemed always to hJ.\·e included, the amount required to be paid to such owner in respect of all coal in stock or other assets referred to in clause (h) of section 2 on the date immediately before the appoint- ed day and no further ;imount shall be p;:iyable to the owner in respect of such co~il ur other assets.".

14. For section 1-l of tlie Co;:il IVIines Act, the following section shall Substitu- be subslituted, namely:- tion ot new sec- tion for section 14. "14. Notwithstanding anything contained in the Industrial Dis- Liability 14 0!1947. putes Act, J 9°±7, or in any other law for the time being in fo:: ce, the of officer services of any officer or other employee employed in a co, 1 mine or other .shall be liable to be transferred to any other coal mine ar d such employee transfer shall not entitle such officer or other employee to ar. 'I com- of a coal pensation under this Act or ,my other law for the time being i .1 force mine for transfer and no such claim shcdl be entertained by any court, tribunal er other to any authority.". other coal mirie. THE GAZETI'E OF lNDI\. EXTRA.ORDINARY PABX ll- 6 Amend. 15. In section 18 of the Coal Mines Act,- ment ot. ( a) in sub-section (2), the words, figures and letters '\ and simple section ·18. inlcrc:,t at the rate of four per cent. per annum on such amount for the 'period commencing on the 1st day of July, 1975 and ending on the date of payment of such amount to the Commissioner" shall· be inserted at the end; - ·- {b) in sub-section (5), the words, brackets and figtm~ "and shall also be payable to the Commissioner in addition to the sum referred to in sub-section (1)" shall be inserted at the end. Amend. lG. In section 19 of the Coal Mines Act,- ment ot. (a) for sub-section (4), the following sub.section shall be substi- section 19. tuted, namely:- " (4) The liabilities of the coal mine (not being liabilities arising out of advances made by the Central Government or the Government company), which could not be discharged by the appointed day, may be discharged. by the Central Government or the Government company up to the specified date out of the reali- :,ations effected before or after the appointed day or out of ad- vances or borrowings made up to the specified date and every payment so made shall be included in the statement of accounts as on the dc:itc immediately before the appointed day indicating therein the period in relation to which the payments were made and the paym,:nts so made shall not be called in question in any court:. Provided thcit the liabilities in relation to the period prior to the appointed dc:iy, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coal mine."; ( b) after sub-section (7), the following sub-section .:ind Explana- tion shall be inserted, namely:- · '(S) The statement of accounts audited under sui>-section (6) shall, unless the contrary is proved, be conclusive :uroof in res- pecL of every matter entered therein. Explcmalion.-For the purposes of this sectior, "statement of accounts" means a statement in the form of recei,:>ts and pay- ments, and does not include any statement that may be prepared as a result of the closing and balancing of the books for the pre- paration of the profit and loss account and balance-,heet or any statement prepared in accordance with the normal commercial practice.'. Substitu- 17. For section 25 of the Coal Mines Act, the following section shall tion of be substituted, namely:- new sec- tion for section 25. Recovery ''.23. ;',,ny ;:im.Jttnt in excess of payments over receipts in the state- Of CXCCSg mcn t of ;,ccounts prepared under section 1!} shall be d ?emed to be payment~ :111 :11uou11t :1<lv:,nccd by tl1e Central Government or th~ Custodfan, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 .-------- ------. -------- ------------ - - ----=--==== as the case may be, for the management of a coal mine during the made by period in which the nrnnagemcnt of such coal mine remained vested · Central in the Central Government and the Ccnlr:.11 Government may make Govern- ment or a claim to the Commissioner for such excess pci yment aucl such claim Custo- shall have priority over the claims of all other unsecured creditors dian. of the coal mine, including those referred to in sub-section (2) of section 22. Ex-planation.-In this section, "Custodian" means the Custodian appointed under the Coal Mines (Taking Over of Management) Act, 16 ot l::J73. 1973.'. 18. ln section 26 of the Coal Mines Act, after sub-section (5) and Amend- before the E.--cpianation, the fo1lO"iving sub-section shall be inserted, ment of namely:- section 26. "(6) Where the amount specified in the fifth column of the Schedule is relatable to a group of coal mines, the Commissioner 5hall have power to apportion such amount among the owners of such group, and in making such apportionment, the Commissioner shall have regard to the highest annual production in the coal mine during the three years immeJfa.tely preceding the appointed day.".

19. Notwithstanding any judgment, decree, order or direction of Valida- any court to the contrary- tion. ,.._A_ (a) every amount paid to the owner of every coking coal min,! or group of coking coal mines under section 10, or of every cok1! i;, oven plant under section 11, of the Coking Coal Act, or to the owne ~ of every coal mine or group of coal mines -c~nder section 8 of. th,,: Coal Mines Act (hereafter in either case referred to as the owner). shall be deemed to include and be deemed always to have included the amounts required to be paid to the owner in respect of the coa·· in stock or other assets, coke in stock or other a.:1sets, referred to ir clause (j), or clause ( b) of section 3 of the Coking Coal Act or, ~; the case may be, coal in stock or other assets referred to in clausE (h) of section 2 of tl1e Coal Mines Act, on the date immediately be· fore the appointed day as if the provisions of section 10, or section 11 of the Coking Coal Act or, as the case may be, section 8 of the CoaJ Mines Act, as amended by this Act, had been in force at all materiaJ times, and no such payment shall be called in question in any court on the ground that it had not included the value of such coal or coke or other assets; (b) every statement of accounts or supplementary statement of accounts prepared by the Central Government or the Government company under section 22 of the Coking Coal Act or under section 19 of the Coal Mines Act, shall be deemed to hav0 been validly prepared as if the provisions of section 22 of the Coking Coal Act or, as the case may be, section 19 of the Coal Mines Act, as amended by this Act, had been in force at all material times, and no such state~ ment of accounts or supplementary statement of accour..ts shall be called in question in any court on the brround that it had not been prepared in accordance with the norm::il comm erci:11 practice or that any item has or h;is not been included in such statement, 8 THE GAZETTE OF INDIA EXTW\OHDINARY [PART II-SEC. l] cind nccordingly, no suit or other legiil proceeding shall be maintained or continued in any court.- · (i) for the recovery of any s11m on the ground that the amount paid to the owner under section 10 or section 11 of the Coking Coal Act or under section 8 of the Coal Ivlines Act, does not include the amoun ls required to be p::iid in respect of all coal or coke in stock or u lher assets referred .to in clause (a) ; or (ii) for the recovery of any sum as being the excess of receipts over payments on the grow1d that the statement of accounts or supplementary statement of accounts required to be prepared under section 22 of the Coking Cr)al Act or, as the case may be, section 19 0£ the Co:11. Mines Act, had not been prepared in accordance with the normal commercial practice or that any item has or has not been included in such statement. Explanation.-In this section,- ( a) "appointed day" means,- (i) in relation to the Coking Coal Act, the 1st day of May, 1972; and (ii) in relation to the Coal Mines Act, the 1st day of May, 1973; (b) ''receipts'' and "payments'' mean receipts and payments in the statement of accounts prepared under section 22 of the Coking Coal Act or, as the case may be, section 19 of the Coal Mines Act. Repeal 20. (1) The Coal Mines Nationalisation Laws (Amendment) Ord. and Ordinance, 1986, is hereby repealed. 7 of 1986. 1,aving. (2) Notwithstanding such repeal, .:mything done or any action taken under the Coking Coal Act or the Co::i.l Mines Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the Coking Coal Act or, as the case may be, the Coal Mines Act, as amended by this Act. S. RAMAIAH, Secy. t) the Gov·t. of India. --------- - - - PTIP.,TED BY TllE :\IA..',"AGER, GO\'ERN:\IE~,T OF INDT_\ P:"iESS. Mr:N.,ro ROAD NEW DELHI AND rcnr.r-.;rrno BY THE CONTROLLFR OF PT:ELTCATIONS, DELHI, 1986