21. Acquisition of land.––(1) All existing land acquisition proceedings under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of
2013), in relation to Schedule I coal mines, shall continue in respect of such areas of land in accordance
with the provisions of the said Act.
(2) All such areas of land which are not subject matter of land acquisition proceedings, in relation to
the coal mines, under the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013), may be proceeded with by the Central
Government in terms of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957).
(3) The State Governments which have initiated land acquisition proceedings under provisions of the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (30 of 2013), and all such lands which are also subject matter of the said Act in respect of Schedule
I coal mines, shall—
1. Subs. by Act 2 of 2020, s. 15, for “A successful bidder or allottee or coal linkage holder shall” (w.e.f. 10-1-2020).
2. Subs. by s. 15, ibid., for sub-section (2) (w.e.f. 10-1-2020).
13
(a) not transfer any land to the prior allottees which have been acquired under the said Act;
(b) continue the land acquisition proceedings till the appointed date;
(c) for such Schedule I coal mines which have not vested in the successful bidder or the allottee,
as the case may be, by the appointed date, continue the land acquisition proceedings for and on behalf
of the Central Government;
(d) upon the vesting or the allotment, as the case may be, after the appointed date, continue such
land acquisition proceedings on behalf of the successful bidder or the allottee.
22. Realisation of additional levy.––If a prior allottee of Schedule II coal mine fails to deposit the
additional levy with the Central Government within the specified time, then, such additional levy shall be
realised as the arrears of land revenue.
23. Penalties for certain offences.––If any person—
(a) obstructs or causes any impediment in taking possession or in the management and operation
of the Schedule I coal mines by the Central Government or the designated custodian; or
(b) fails to deliver to the designated custodian any books of account, registers or any other
document in his custody relating to Schedule I coal mines and coal mining operations in respect of
the management of which the designated custodian has been appointed; or
(c) destroys or misuses any mine infrastructure or coal stock; or
(d) retains any property of such coal mine or removes or destroys it,
he and any officer-in-default of the company shall be punishable with imprisonment for a term which
may extend to two years, or with the minimum fine of one lakh rupees per day and in the case of
continuing failure, with a maximum fine of two lakh rupees for every day during which the failure
continues or with both, depending upon the nature of the offence.
24. Penalty for failure to comply with directions of Central Government.––If any person fails to
comply, without reasonable cause, with a direction given by the Central Government or nominated
authority or the designated custodian, he shall be punishable with a fine of one lakh rupees and in the case
of continuing failure with a maximum fine of two lakh rupees for every day during which the failure
continues, depending upon the nature of the offence.
25. Offences by companies.––(1) Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge of, and was responsible
to, the company for the conduct of business of the company as well as the company shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge and that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
26. Cognizance of offences.––No court shall take cognizance of any offence punishable under this
Act or any rules made thereunder except upon complaint in writing made by a person authorised in this
behalf by the Central Government or nominated authority or the designated custodian.
27. Dispute settlement and Bar of Jurisdiction of civil courts.––(1) Any dispute arising out of any
action of the Central Government, nominated authority or Commissioner of payment or designated
custodian, or any dispute between the successful bidder or allottee and prior allottee arising out of any
issue connected with the Act shall be adjudicated by the Tribunal constituted under the Coal Bearing
Areas (Acquisition and Development) Act, 1957 (20 of 1957).
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(2) Where the Central Government is of the opinion that any dispute arising out of any issue
connected with the Act exists or is apprehended and the dispute should be adjudicated by the Tribunal
referred to in sub-section (1), then, the Central Government may by order in writing, refer the dispute or
any matter appearing to be connected with, or relevant to, the dispute, to the Tribunal for adjudication.
(3) The Tribunal referred to in sub-section (1) shall, after hearing the parties to the dispute, make an
award in writing within a period of ninety days from the institution or reference of the dispute.
(4) On and from the commencement of the Act, no court or other authority, except the Supreme Court
and a High Court, shall have, or be entitled to exercise, any jurisdiction, powers or authority, in relation to
matters connected with the Act.
28. Protection of action taken in good faith.–– No suit, prosecution or other legal proceeding shall
lie against the Central Government, nominated authority, commissioner of payment, or designated
custodian or any person acting on their behalf, in respect of anything which is done or intended to be done
in good faith under this Act.
29. Act to have overriding effect.––The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time being in force, or in any
instrument having effect by virtue of any such law.
30. Amendment of certain Acts contained in Schedule IV.––On and from the date of
commencement of this Act, the Coal Mines (Nationalisation) Act, 1973 (26 of 1973), and the Mines and
Minerals (Development and Regulation) Act, 1957 (67 of 1957),shall stand amended in the manner
provided in Schedule IV.
31. Power to make rules.––(1) The Central Government may, by notification in the Official Gazette,
and subject to the condition of previous publication, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:––
(a) the manner of allocation of Schedule I coal mines by way of public auction and details of fees
under sub-section (1) of section 4;
(b) the terms and conditions for granting reconnaissance permit, 1
[prospecting licence, mining
lease or prospecting licence-cum-mining lease] and the manner and conditions of competitive bidding
under sub-section (2) of section 4;
(c) norms to become eligible to bid in an auction and the amount of investment in respect of a
company having a coal linkage under sub-section (3) of section 4;
(d) the period within which the payment of additional levy by the prior allottee under sub-section
(4) of section 4;
(e) the allotment order to make allocations to a Government company or corporation under subsection (1) of section 5;
(f) the powers of the nominated authority under sub-section (1) of section 6;
(g) the manner of auction or allotment of Schedule I coal mines and execution of the vesting or
allotment orders under sub-section (4) of section 6;
(h) the salaries and allowances and other terms and conditions of service of the nominated
authority and other officers and staff under sub-section (6) of section 6;
(i) the manner of notifying the particulars of Schedule I coal mines to be auctioned and furnishing
of required information by the prior allottees under sub-section (1) of section 8;
(j) the manner of conducting auction and drawing of a vesting order under sub-section (3) of
section 8;
1. Subs. by Act of 2 of 2020, s. 16, for “prospecting licence or mining lease” (w.e.f. 10-1-2020).
15
(k) determination of floor price by the nominated authority under sub-section (5) of section 8;
(l) the form and manner of furnishing of bank guarantee and the time within which such
furnishing of bank guarantee under sub-section (6) of section 8;
1
[(la) the manner of termination of vesting order or allotment order under sub-section (13) of section 8;]
(m) the manner of disbursement of priority payments under section 9;
(n) the manner of establishing title of movable property by the prior allottee or third party who
has a contract with the prior allottee for the movable property under the first proviso tosub-section (5)
of section 10;
(o) the manner of receiving compensation from the sale proceeds of the movable property under
the second proviso to sub-section (5) of section 10;
(p) the manner in which the secured creditor paid out of the compensation in respect of any prior
allottee under sub-section (2) of section 12;
(q) the manner of collection of additional levy by the Central Government from the prior allottees
of Schedule II coal mines under sub-section (5) of section 14;
(r) the salaries and allowances and other terms and conditions of service of the Commissioner of
payments and other officers and staff under sub-section (4) of section 15;
(s) the manner of determination of compensation payable to prior allottee and the lodging of
registered sale deeds with the nominated authority under sub-section (1) of section 16;
(t) the method of determination of compensation for mine infrastructure in relation to Schedule I
and its reflection in the statutorily audited balance sheet under sub-section (2) of section 16;
(u) the manner of transfer of the management and operation of any Schedule II coal mines by the
designated custodian under sub-section (6) of section 19;
(v) the manner of exercising and discharging the rights, liabilities and obligations by the
designated custodian under sub-section (7) of section 19;
(w) the manner of providing agreements or arrangements for optimum utilisation of coal mine for
specified end-uses under sub-section (1) of section 20;
(x) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under
sub-section (2) of section 20;
(y) any other matter which is required to be, or may be, prescribed.
(3) Every rule made and every notification issued by the Central Government, under this Act, shall be
laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or notification, or both Houses agree that the
rule or notification should not be made, the rule or notification shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule or
notification.
32. Power to remove difficulties.––(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
1. Ins. by Act 2 of 2020, s. 16 (w.e.f. 10-1-2020).
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33. Repeal and saving.––(1) The Coal Mines (Special Provisions) Second Ordinance, 2014 (Ord. 7
of 2014) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall,
without prejudice to the judgment of the Supreme Court dated 25th August, 2014 and its order dated 24th
September, 2014 passed in Writ Petition (Criminal) No. 120 of 2012, be deemed to have been done or
taken under the corresponding provisions of this Act.