Bills were introduced in Lok Sabha on 2nd March, 2015.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—15 REGISTERED NO. DL—(N)04/0007/2003—15 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] lkseokj] ekpZ 02] 2015@ QkYxqu 11] 1936 ¼'kd½ 6] No. 6] NEW DELHI, MONDAY, MARCH 02, 2015/PHALGUNA 11, 1936 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 2nd March, 2015:— BILL NO. 38 OF 2015 A Bill further to amend the Andhra Pradesh Reorganisation Act, 2014. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Andhra Pradesh Reorganisation (Amendment) Act, Short title 2015. and com- mencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 6 of 2014. 2. In the Andhra Pradesh Reorganisation Act, 2014 (hereinafter referred to as the Amendment principal Act), in section 22, in sub-section (1), for the figures and words “50 members in the of section 22. Legislative Council of Andhra Pradesh”, the figures and words “58 members in the Legislative Council of Andhra Pradesh” shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In section 23 of the principal Act,— of section 23. (i) in sub-section (1), for the figures and words ‘‘50 seats in the Legislative Council of Andhra Pradesh’’, the figures and words ‘‘58 seats in the Legislative Council of Andhra Pradesh’’ shall be substituted; (ii) in sub-section (2), in clause (i), for sub-clause (a), the following sub-clause shall be substituted, namely:— ‘(a) for the existing entry 1, the following entry shall be substituted, namely:— 1 2 3 4 5 6 7 ‘‘1. Andhra Pradesh 58 20 5 5 20 8’’;’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS The Andhra Pradesh Reorganisation Act, 2014 (the said Act) was enacted on the 1st March, 2014 to provide for reorganisation of the State of Andhra Pradesh into the State of Andhra Pradesh and the State of Telangana. 2. Sub-section (1) of section 22 of the Act provides for constitution of a Legislative Council for each of the successor States consisting of not more than 50 members in the Legislative Council of Andhra Pradesh and 40 members in the Legislative Council of Telangana in accordance with the provisions contained in article 169 of the Constitution. Sub-section (2) of section 22 provides that the existing Legislative Council of the State of Andhra Pradesh shall, on and from the appointed day, be deemed to have been constituted as two Legislative Councils of the successor States and the existing members shall be allotted to the Councils as specified in the Fourth Schedule to the Act. 3. According to section 23 of the Act, there shall be 50 seats in the Legislative Council of Andhra Pradesh and 40 seats in the Legislative Council of Telangana, respectively. The said section also amends entry 1 of the Third Schedule to the Representation of the People Act, 1950 so as to provide the composition of the Andhra Pradesh Legislative Council. 4. Clause (1) of article 171 of the Constitution provides that the total number of members in the Legislative Council of a State having such a Council shall not exceed one- third of the total number of members in the Legislative Assembly of that State. However, the total number of members in the Legislative Council of a State shall in no case be less than forty. Presently, the successor States of Andhra Pradesh and Telangana are having 175 and 119 seats respectively in their Legislative Assemblies. The State of Telangana has already been allocated 40 seats in the Legislative Council, i.e., one-third of 119 seats. Since, one- third of 175 seats in the Legislative Assembly of the State of Andhra Pradesh comes to 58, it is proposed to amend sections 22 and 23 of the Act to enhance the number of seats of the Andhra Pradesh Legislative Council from the existing 50 to 58 members and to amend entry 1 of the Third Schedule to the Representation of the People Act, 1950 accordingly. 5. The Bill seeks to achieve the aforesaid objectives. NEW DELHI; RAJNATH SINGH. The 16th February, 2015.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to amend section 22 of the Andhra Pradesh Reorganisation Act, 2014 to enhance the number of seats of the Andhra Pradesh Legislative Council from the existing 50 members to 58 members as per the provisions of clause (3) of article 171 of the Constitution. The increase in the number of seats would involve some additional expenditure on account of salaries, allowances and other administrative expenditure. The incidence of additional expenditure would be met by the State Government of Andhra Pradesh. No anticipated expenditure in this regard from the Consolidated Fund of India is involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 BILL NO. 37 OF 2015 A Bill further to amend the Motor Vehicles Act, 1988. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2015. Short title and commence- (2) It shall be deemed to have come into force on the 7th day of January, 2015. ment. 59 of 1988. 2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), after Insertion of section 2, the following section shall be inserted, namely:— new section 2A. ‘2A. (1) Save as otherwise provided in the proviso to sub-section (1) of e-Cart and section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-Rickshaw. e-cart and e-rickshaw. (2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.'. 3. In the principal Act, in section 7, in sub-section (1), the following proviso shall be Amendment inserted, namely:— of section 7. “Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.”.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 4. In the principal Act, in section 9, after sub-section (9), the following sub-section of section 9. shall be inserted, namely:— “(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.”. Amendment 5. In the principal Act, in section 27,— of section 27. (i) clause (a) shall be renumbered as clause (aa) thereof and before clause (aa) as so renumbered, the following clause shall be inserted, namely:— “(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;”; (ii) after clause (f), the following clause shall be inserted, namely:— “(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;”. Repeal and 6. (1) The Motor Vehicles (Amendment) Ordinance, 2015, is hereby repealed. Ord. 2 of saving. 2015. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 STATEMENT OF OBJECTS AND REASONS Under the Motor Vehicles Act, 1988 (MV Act), no person can be granted a learner's license to drive a transport vehicle unless he has held the driving license for a period of at least one year. e-Rickshaws and e-Carts are being defined to have three wheels and limited power of 4000 watts. Further, the specification for speed and dimension can be regulated through the rules which can be made under the Motor Vehicles Act, 1988. These vehicles may be allowed to be driven by drivers who have been found eligible to drive e-Rickshaws and e-Carts through tests. 2. As most of the e-Rickshaw and e-Cart drivers do not have any licence, the extant provision will debar them from operating e-Rickshaws/e-Carts for a year. In order to remove this difficulty and facilitate playing of e-Rickshaws and e-Cart, the Central Government proposes to amend sub-section (1) of section 7 of the Motor Vehicles Act, 1988 which will give relaxation to e-Rickshaw and e-Cart drivers only. In addition, the definition of e-Rickshaw and e-Cart is also proposed to be included under the said Act. 3. Accordingly, a proviso is included in sub-section (1) of section 7 for relaxation for granting learner's licences for e-Cart and e-Rickshaw. The proposal will relax the conditions for issue of learner's licence for driving a transport vehicle with three wheels and net power not more than 4000 watts. 4. Sub-section (1) of section 2A is proposed to be inserted after section 2 of MV Act. This aims to bring the e-Cart and e-Rickshaw under the ambit of MV Act. It will provide employment to innumerable people who have upgraded from the manually pulled rickshaws to the electric powered three-wheeled vehicles. 5. It is also proposed to insert sub-section (10) in section 9 of MV Act, prescribing the manner in which, and conditions subject to which driving licences to drive e-Rickshaw or e-Cart shall be issued. 6. The Motor Vehicles (Amendment) Bill, 2014 was passed in the Lok Sabha on 18th December, 2014. It was pending in the Rajya Sabha. Based on the said Bill, an Ordinance, namely, the Motor Vehicles (Amendment) Ordinance, 2015 (2 of 2015) was promulgated by the President on 7th January, 2015. 7. The Bill seeks to replace the said Ordinance. NEW DELHI; NITIN GADKARI. The 20th February, 2015.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 19 OF 2015 A Bill to provide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottees with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest and for matters connected therewith or incidental thereto. WHEREAS the Supreme Court vide judgment dated 25th August, 2014 read with its order dated 24th September, 2014 has cancelled the allocation of coal blocks and issued directions with regard to such coal blocks and the Central Government in pursuance of the said directions has to take immediate action to implement the said order; AND WHEREAS it is expedient in public interest for the Central Government to take immediate action to allocate coal mines to successful bidders and allottees keeping in view the energy security of the country and to minimise any impact on core sectors such as steel, cement and power utilities, which are vital for the development of the nation; AND WHEREAS Parliament is competent to legislate under entry 54 of List I of the Seventh Schedule to the Constitution for regulation of mines and mineral development to theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 extent to which such regulation and development under the control of Union is declared by Parliament by law to be expedient in the public interest. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Coal Mines (Special Provisions) Act, 2015. Short title, extent and (2) It extends to the whole of India. commence- ment. (3) It shall be deemed to have come into force on the 21st day of October, 2014. 2. It is hereby declared that it is expedient in the public interest that Union should take Declaration action for the development of Schedule I coal mines and extraction of coal on continuous as to expediency basis for optimum utilisation. of Union action. 3. (1) In this Act, unless the context otherwise requires,— Definitions. (a) “additional levy” means, the additional levy as determined by the Supreme Court in Writ Petition (Criminal) No. 120 of 2012 as two hundred and ninety-five rupees per metric tonne of coal extracted; (b) “allotment order” means the allotment order issued under section 5; (c) “appointed date” in relation to— (i) Schedule I coal mines excluding Schedule II coal mines, shall be the 24th day of September, 2014 being the date on which the allocation of coal blocks to prior allottees stood cancelled; and (ii) Schedule II coal mines shall be the 1st day of April, 2015 being the date on which the allocation of coal blocks to prior allottees shall stand cancelled, in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed in Writ Petition (Criminal) No. 120 of 2012; (d) “bank” shall have the same meaning as assigned to it in clause (c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security 54 of 2002. Interest Act, 2002; (e) “coal mining operations” means any operation undertaken for the purpose of winning coal; (f) “company” shall have the same meaning as assigned to it in clause (20) of 18 of 2013. section 2 of the Companies Act, 2013; (g) “corporation” shall have the same meaning as assigned to it in clause (11) of 18 of 2013. section 2 of the Companies Act, 2013; (h) “financial institution” shall have the same meaning as assigned to it in clause (m) of section 2 of the Securitisation and Reconstruction of Financial Assets 54 of 2002. and Enforcement of Security Interest Act, 2002; (i) “Government company” shall have the same meaning as assigned to it in 18 of 2013. clause (45) of section 2 of the Companies Act, 2013; (j) “mine infrastructure” includes mining infrastructure such as tangible assets used for coal mining operations, being civil works, workshops, immovable coal winning equipment, foundations, embankments, pavements, electrical systems, communication systems, relief centres, site administrative offices, fixed installations, coal handling arrangements, crushing and conveying systems, railway sidings, pits, shafts, inclines, underground transport systems, hauling systems (except movable equipment unless10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— the same is embedded in land for permanent beneficial enjoyment thereof), land demarcated for afforestation and land for rehabilitation and resettlement of persons affected by coal mining operations under the relevant law; (k) “nominated authority” means the authority nominated by the Central Government under section 6; (l) “notification” means a notification published in the Official Gazette; (m) “prescribed” means prescribed by rules made under this Act; (n) “prior allottee” means prior allottee of Schedule I coal mines as listed therein who had been allotted coal mines between 1993 and 31st day of March, 2011, whose allotments have been cancelled pursuant to the judgment of the Supreme Court dated the 25th August, 2014 and its order dated 24th September, 2014 including those allotments which may have been de-allocated prior to and during the pendency of the Writ Petition (Criminal) No.120 of 2012. Explanation.—In case a mining lease has been executed in favour of a third party, subsequent to such allocation of Scheduled I coal mines, then, the third party shall be deemed to be the prior allottee; (o) “Schedule” means a Schedule appended to this Act; (p) “Schedule I coal mines” means,— (i) all the coal mines and coal blocks the allocation of which was cancelled by the judgment dated 25th August, 2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal) No.120 of 2012, including those allotments which may have been de-allocated prior to and during the pendency of the said Writ Petition; (ii) all the coal bearing land acquired by the prior allottee and lands, in or adjacent to the coal mines used for coal mining operations acquired by the prior allottee; (iii) any existing mine infrastructure as defined in clause (j); (q) “Schedule II coal mines” means the forty-two Schedule I coal mines listed in Schedule II which are the coal mines in relation to which the order of the Supreme Court dated 24th day of September, 2014 was made; (r) “Schedule III coal mines” means the thirty-two Schedule I coal mines listed in Schedule III or any other Schedule I coal mine as may be notified under sub-section (2) of section 7; (s) “secured creditor” shall have the same meaning as assigned to it in clause (zd) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; 54 of 2002. (t) “secured debt” shall have the same meaning as assigned to it in clause (ze) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; 54 of 2002. (u) “security interest” shall have the same meaning as assigned to it in clause (zf) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; 54 of 2002. (v) “specified end-use” means any of the following end-uses and the expression “specified end-user” shall with its grammatical variations be construed accordingly,— (i) production of iron and steel; (ii) generation of power including the generation of power for captive use; (iii) washing of coal obtained from a mine; (iv) cement;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 (v) such other end-use as the Central Government may, by notification, specify; (w) “vesting order” means the vesting order issued under section 8. (2) Words and expressions used herein and not defined, but defined in the Coal 20 of 1957. Bearing Areas (Acquisition and Development) Act, 1957, the Mines and Minerals 67 of 1957. (Development and Regulation) Act, 1957 and the Coal Mines (Nationalisation) Act, 1973 including any rules or regulations made thereunder, shall have the meanings, respectively 26 of 1973. assigned to them in those Acts. CHAPTER II AUCTION AND ALLOTMENT 4. (1) Subject to the provisions of section 5, Schedule I coal mines shall be allocated by Eligibility to way of public auction in accordance with such rules, and on the payment of such fees which participate in auction and shall not exceed five crore rupees, as may be prescribed. payment of fees. (2) Subject to the provisions in sub-section (3) of this section and section 5, the Central Government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal, select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed–– (a) a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India; or (b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be, and the State Government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company as selected through auction by competitive bidding under this section. (3) Subject to the provisions of section 5, the following persons who fulfil such norms as may be prescribed, shall be eligible to bid in an auction of Schedule II coal mines and Schedule III coal mines and to engage in coal mining operations in the event they are successful bidders, namely:–– (a) a company engaged in specified end-use including a company having a coal linkage which has made such investment as may be prescribed. Explanation.––A “company with a coal linkage” includes any such company whose application is pending with the Central Government on the date of commencement of this Act; (b) a joint venture company formed by two or more companies having a common specified end-use and are independently eligible to bid in accordance with this Act; (c) a Government company or corporation or a joint venture company formed by such company or corporation or with any other company having common specified end-use: Provided that nothing contained in sub-section (2) shall apply to this sub-section. (4) A prior allottee shall be eligible to participate in the auction process subject to payment of the additional levy within such period as may be prescribed and if the prior allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of such prior allottee shall not be eligible to bid either by itself or by way of a joint venture.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) Any prior allottee who is convicted for an offence relating to coal block allocation and sentenced with imprisonment for more than three years, shall not be eligible to participate in the auction. Allotment of 5. (1) Notwithstanding the provisions contained in sub-sections (1) and (3) of section 4, mines to the Central Government may allot a Schedule I coal mine to a Government company or Government corporation or to a joint venture between two or more Government companies or corporations companies or corporations. or to a company which has been awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I coal mines by making an allotment order in accordance with such rules as may be prescribed and the State Government shall grant a reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company or corporation: Provided that the Government company or corporation may carry on Coal Mining in any form either for its own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be: Provided further that no company other than a Government company or corporation shall hold more than twenty-six per cent. of the paid up share capital in the Government company or corporation or in the joint venture between a Government company or corporation, either directly or through any of its subsidiary company or associate company: Provided also that a joint venture of any two or more Government companies or corporations shall be prohibited from alienating or transferring any interest, except the taking of loans or advances from a bank or financial institution, in the joint venture of whatsoever nature including ownership in favour of a third party. (2) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the additional levy within the specified period. Central 6. (1) The Central Government shall appoint an officer not below the rank of a Joint Government Secretary to the Government of India as the nominated authority who shall act for and on to act behalf of the Central Government for the purposes of this Act and shall exercise such powers through as may be prescribed. nominated authority. (2) The nominated authority may engage any expert having such qualifications and experience and on such terms and conditions as may be prescribed to make recommendations to the authority for the conduct of auction and in drawing up of the vesting order or allotment order in relation to Schedule I coal mines. (3) The Central Government shall act through the nominated authority for the following purposes, namely:— (a) conduct the auction process and allotment with the assistance of experts; (b) execution of the vesting order for transfer and vesting of Schedule I coal mines pursuant to the auction; (c) executing the allotment order for any Government company or corporation in pursuance of section 5; (d) recording and mutating incorporeal rights of whatsoever nature including, consents, permissions, permits, approvals, grants, registrations; (e) collection of auction proceeds, adjustment of preferential payments and transfer of amount to the respective State Governments where Schedule I coal mine is located in accordance with the provisions of this Act. (4) The nominated authority shall complete the auction or execute the allotment orders of Schedule I coal mines within such time and in accordance with such rules as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 (5) The Central Government may appoint such other officers and staff as it may think fit to assist the nominated authority. (6) The salaries and allowances and other terms and conditions of service of the nominated authority and such other officers and staff appointed under this section shall be such as may be prescribed. (7) The nominated authority shall be bound by the written direction given by the Central Government on the quesiton of policy. 7. (1) The Central Government may, before notifying the particulars of auction, classify Power to mines identified from Schedule I coal mines as earmarked for the same class of specified end- classify certain uses. Schedule I (2) The Central Government may in public interest, by notification, modify Schedule III coal mines by Central coal mines by adding any other Schedule I coal mine for the purposes of specified end-use. Government. 8. (1) The nominated authority shall notify the prior allottees of Schedule I coal mines Nominated to enable them to furnish information required for notifying the particulars of Schedule I coal authority to issue vesting mines to be auctioned in accordance with such rules as may be prescribed. order or (2) The information required to be furnished under sub-section (1) shall be furnished allotment order. within a period of fifteen days from the date of such notice. (3) A successful bidder in an auction conducted on a competitive basis in accordance with such rules as may be prescribed, shall be entitled to the vesting of Schedule I coal mine for which it bid, pursuant to a vesting order drawn up in accordance with such rules. (4) The vesting order shall transfer and vest upon the successful bidder, the following, namely:— (a) all the rights, title and interest of the prior allottee, in Schedule I coal mine concerned with the relevant auction; (b) entitlement to a mining lease to be granted by the State Government; (c) any statutory licence, permit, permission, approval or consent required to undertake coal mining operations in Schedule I coal mines if already issued to the prior allottee; (d) rights appurtenant to the approved mining plan of the prior allottee; (e) any right, entitlement or interest not specifically covered under clauses (a) to (d). (5) The nominated authority shall, in consultation with the Central Government, determine the floor price or reserve price in accordance with such rules as may be prescribed. (6) The successful bidder shall, prior to the issuance and execution of a vesting order, furnish a performance bank guarantee for an amount as notified in relation to Schedule I coal mine auctioned to such bidder within such time, form and manner as may be prescribed. (7) After the issuance of a vesting order under this section and its filing with the Central Government and with the appropriate authority designated by the respective State Governments, the successful bidder shall be entitled to take possession of the Schedule I coal mine without let or hindrance. (8) Upon the execution of the vesting order, the successful bidder of the Schedule I coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned State Government in accordance with the Mines and Minerals (Development and 67 of 1957. Regulation) Act, 1957. (9) A Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India, allotted a Schedule I coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned State Government in accordance with the Mines and Minerals (Development and Regulation) 67 of 1957. Act, 1957.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (10) In relation to Schedule II coal mines, the successful bidder which was a prior allottee, shall continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (8) is granted, upon the grant of a vesting order and to that extent, the successful bidder shall be deemed to have been granted a mining lease till the execution of the mining lease in terms of the said sub-section. (11) In relation to Schedule II coal mines, the Government company or corporation which was a prior allottee can continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (9) is granted, upon execution of the allotment order and to that extent, the allottee shall be deemed to have been granted a mining lease till the execution of the mining lease in terms of 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 to an allotment order. Priority of 9. The proceeds arising out of land and mine infrastructure in relation to a Schedule I disbursal of coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance proceeds. with the relevant laws and such rules as may be prescribed— (a) payment to secured creditors for any portion of the secured debt in relation to a Schedule I, coal mine which is unpaid as on the date of the vesting order; (b) compensation payable to the prior allottee in respect of the Schedule I coal mine. CHAPTER III TREATMENT OF RIGHTS AND OBLIGATIONS OF PRIOR ALLOTTEES Utilisation of 10. (1) A successful bidder or allottee in respect of Schedule I coal mines, may negotiate movable with prior allottee to own or utilise such movable property used in coal mining operations on property used such terms and conditions as may be mutually agreed to by them. in coal mining (2) Where a successful bidder or allottee is not vested with any movable property of a operations. Schedule I coal mine, then, he is not bound by any liabilities or obligations arising out of such ownership or contractual rights, obligations or liabilities which shall continue to remain with the prior allottee. (3) In the event that the successful bidder or allottee is unable to satisfactorily negotiate with the prior allottee or any third party who has a contract with the prior allottee for the movable property, it shall be the obligation of the prior allottee or the third party to remove such movable property within a period not exceeding thirty days from the date of the vesting order, or the allotment order, as the case may be, and the successful bidder or allottee shall not be liable for any damage to such property. (4) A successful bidder or allottee which has elected not to purchase or transfer or continue to use the movable property referred to in sub-section (1), shall prior to the execution of the vesting order or the allotment order, as the case may be, declare to the nominated authority that he intends to move and store such movable property of the prior allottee or such third party and after the date of the vesting order or the allotment order, as the case may be, the successful bidder or allottee shall be entitled to move and store such movable property, so as not to cause any impediment for coal mining operations. (5) If a prior allottee or such third party which has contracted with the prior allottee for its movable property, fails to remove the movable property which the successful bidder or allottee has elected not to purchase or use in accordance with sub-section (4), then, after the period of seventy-five days from the vesting order or the allotment order, as the case may be, a successful bidder or allottee shall be entitled to dispose of such movable property which may be physically located within Schedule I coal mine, the successful bidder or the allottee,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 shall, in such event be entitled to appropriate the sale proceeds of such movable property disposed of to pay for any cost incurred by the successful bidder or allottee, for the removal, storage, sale and disposal of such movable property, as a first charge over the sale proceeds of such movable property: Provided that the remaining sale proceeds after appropriation of costs, shall be paid by the successful bidder or allottee to the Central Government towards any compensation that may be payable to the owner of such movable property sold, upon establishment of title to such movable property in accordance with such rules as may be prescribed: Provided further that if a third party contractor to the prior allottee owns such movable property, then, such third party shall be entitled to prove its right to receive compensation from the sale proceeds of the movable property sold as per this sub-section, in accordance with such rules as may be prescribed. 11. (1) Notwithstanding anything contained in any other law for the time being in Discharge or force, a successful bidder or allottee, as the case may be, in respect of Schedule I coal mines, adoption of third party may elect, to adopt and continue such contracts which may be existing with any of the prior contracts allottees in relation to coal mining operations and the same shall constitute a novation for the with prior residual term or residual performance of such contract: allottees. Provided that in such an event, the successful bidder or allottee or the prior allottee shall notify the nominated authority to include the vesting of any contracts adopted by the successful bidder. (2) In the event that a successful bidder or allottee elects not to adopt or continue with existing contracts which had been entered into by the prior allottees with third parties, in that case all such contracts which have not been adopted or continued shall cease to be enforceable against the successful bidder or allottee in relation to the Schedule I coal mine and the remedy of such contracting parties shall be against the prior allottees. 12. (1) The secured creditors of the prior allottees which had any security interest in Provisions in any part of the land or mine infrastructure of a Schedule I coal mine shall be entitled to–– relation to secured (a) continue with such facility agreements and security interest with the prior creditors. allottee if such prior allottee is a successful bidder or allottee; and (b) in the event that the prior allottee is not a successful bidder or allottee, then the security interest of such secured creditor shall only be satisfied out of the compensation payable to such prior allottee, to the extent determined in accordance with such rules as may be prescribed and the outstanding debt shall be recoverable from the prior allottee. (2) The Central Government shall, taking into consideration the provisions contained in section 9, prescribe the manner in which the secured creditor shall be paid out of the compensation in respect of any prior allottee. 13. Any and all alienations of land and mine infrastructure and creation of any Void encumbrances of whatsoever nature thereon which relate to Schedule I coal mines, made by alienations any prior allottee after the 25th day of August, 2014 shall be void, save and except any and permitted security registered security interest and charge over the land and mine infrastructure as registered by interests. a bank or a financial institution or any other secured lender. 14. (1) Notwithstanding anything contained in any other law for the time being in Liabilities of force, no proceedings, orders of attachment, distress, receivership, execution or the like, prior allottees. suits for the recovery of money, enforcement of a security or guarantee (except as otherwise provided for under this Act), prior to the date of commencement of this Act shall lie, or be proceeded further with and no remedies shall be available against the successful bidder, or allottee, as the case may be, or against the land and mine infrastructure in respect of Schedule I coal mines.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The proceedings as referred to in sub-section (1), shall continue as a personal remedy against the prior allottee but shall not be maintainable or continued against the land or mine infrastructure of Schedule I coal mine or the successful bidder or allottee, pursuant to this Act. (3) Every liability of any prior allottee in relation to a Schedule I coal mine in respect of any period prior to the vesting order or allotment order, shall be the liability of such prior allottee and shall be enforceable against it and not against the successful bidder or allottee or the Central Government. (4) All unsecured loans shall continue to remain the liability of the prior allottee. (5) The additional levy imposed against the prior allottees of Schedule II coal mines shall continue to remain the liability of such prior allottees and such additional levy shall be collected by the Central Government in such manner as may be prescribed. (6) For the removal of doubts, it is hereby declared that— (a) no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a Schedule I coal mine in respect of any period prior to the date of vesting order or allotment order, as the case may be, shall be enforceable against the Central Government or the successful bidder or the allottee, as the case may be; (b) no award, decree, attachment or order of any court, tribunal or other authority in relation to any Schedule I coal mine passed prior to the date of commencement of this Act, in relation to the land and mine infrastructure of Schedule I coal mines, shall be enforceable against the Central Government or the successful bidder or the allottee, as the case may be; (c) no liability for the contravention of any provision of law for the time being in force, relating to any act or omission prior to the date of vesting order or allotment order, as the case may be, shall be enforceable against the successful bidder or allottee or the Central Government. Commissioner 15. (1) For the purposes of disbursing the amounts payable to the prior allottees of of payments Schedule I coal mines, the Central Government shall appoint an officer not below the rank of to be Joint Secretary to the Government of India, to be the Commissioner of payments. appointed and his powers. (2) The Central Government may appoint such other officers and staff as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such officers also to exercise all or any of the powers exercisable by him under this Act. (3) Any officer authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on him directly by this Act and not by way of authorisation. (4) The salaries and allowances and other terms and conditions of service of the Commissioner and other officers and staff appointed under this section shall be such as may be prescribed. (5) The Central Government shall, within a period of thirty days from such date as may be notified, pay to the Commissioner for payment to the prior allottee, an amount equal to the compensation determined by the nominated authority. (6) Separate records shall be maintained by the Commissioner in respect of each Schedule I coal mine in relation to which payments have been made to him under this Act. Valuation of 16. (1) The quantum of compensation for the land in relation to Schedule I coal mines compensa- shall be as per the registered sale deeds lodged with the nominated authority in accordance tion for with such rules as may be prescribed, together with twelve per cent. simple interest from the payment to date of such purchase or acquisition, till the date of the execution of the vesting order or the prior allottee. allotment order, as the case may be.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (2) The quantum of compensation for the mine infrastructure in relation to Schedule I coal mines shall be determined as per the written down value reflected in the statutorily audited balance sheet of the previous financial year in accordance with such rules and in such manner as may be prescribed. (3) If the successful bidder or allottee is a prior allottee of any of the Schedule I coal mines, then, the compensation payable to such successful bidder or allottee shall be set off or adjusted against the auction sum or the allotment sum payable by such successful bidder or allottee, as the case may be, for any of the Schedule I coal mines. (4) The prior allottee shall not be entitled to compensation till the additional levy has been paid. CHAPTER IV POWERS OF THE CENTRAL GOVERNMENT AFTER THE APPOINTED DATE 17. (1) On and from the appointed date, the Central Government or a company owned Responsibility by the Central Government shall be deemed to have become the lessee or licensee of the of Central Government State Government in relation to each of the Schedule II coal mines, in respect of which a after appointed mining lease or prospecting licence has been granted prior to the date of commencement of date. this Act, as if a mining lease or prospecting licence in relation to such coal mine had been granted to the Central Government or a company owned by the Central Government and the period of such lease or licence shall be the maximum period for which such lease or licence could have been granted by the State Government under the Mineral Concession Rules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other rights shall be deemed to have been transferred to, and vested in, the Central Government or a company owned by the Central Government. (2) On the expiry of the term of any lease or licence, referred to in sub-section (1), such lease or licence shall be renewed, by the State Government, in consultation with the Central Government for the maximum period for which such lease or licence can be renewed under the Mineral Concession Rules, 1960. (3) As it is considered expedient and necessary in the public interest and in view of the difficult situation which has arisen, the powers of the State Government, under the Mines 67 of 1957. and Minerals (Development and Regulation) Act, 1957, to prematurely terminate a prospecting licence or mining lease, shall stand suspended, in relation to Schedule I coal mines, for a period of one year from the date of commencement of this Act or such other period as may be notified by the Central Government. 18. (1) On and from the appointed date, if the auction or allotment of Schedule I coal Central mines is not complete, the Central Government shall appoint any person as a designated Government to appoint custodian to manage and operate such coal mines as may be notified by the Central designated Government. custodian. (2) The designated custodian shall act for and on behalf of the Central Government in respect of the notified coal mines under sub-section (1) to operate and manage such Schedule I coal mines in such manner as may be notified, till the completion of the auction of such coal mines or allotment under section 4 and section 5 read with section 8, as the case may be. 19. (1) The designated custodian appointed under sub-section (1) of section 18, shall Powers and be entitled to take control and possession of all lands, in or adjacent to Schedule II coal functions of designated mines, and used for coal mining operations and the mine infrastructure in relation to custodian in Schedule II coal mine, on behalf of the Central Government. respect of Schedule II (2) The designated custodian may direct the prior allottees or any other persons coal mines. in charge of the management of the Schedule II coal mine and coal mining operations immediately before the appointed date to provide the requisite manpower, as may be necessary, to ensure continuity in coal mining operations and production of coal.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The designated custodian shall receive, to the exclusion of all other persons, any monies due to Schedule II coal mines, notwithstanding cases where such receipt pertains to a transaction made at any time before the appointed date. (4) The designated custodian may call for any information, records and documents in relation to Schedule II coal mines and coal mining operations from any or all such persons who were in charge of the management and operation of such Schedule II coal mines prior to the appointed date, and such persons shall be bound to deliver to the designated custodian all such documents in their custody relating to Schedule II coal mines. (5) The designated custodian may appoint such consultants or experts, as may be necessary, in relation to the management and operation of Schedule II coal mines. (6) The designated custodian shall transfer the management and operation of any Schedule II coal mines to such person in such manner as may be prescribed. (7) The designated custodian shall have rights, liabilities and obligations as a prior allottee or a successful bidder in respect of coal mines entrusted to it under section 18, to be exercised and discharged in such manner as may be prescribed. (8) The designated custodian shall have the power to perform such other functions which may be consequential or incidental to the functions specified under this section. (9) Notwithstanding anything contained in any other law for the time being in force, the designated custodian shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time. CHAPTER V CERTAIN ARRANGEMENTS Power of 20. (1) A successful bidder or allottee or coal linkage holder shall, with prior approval Central of the Central Government and in accordance with such rules as may be prescribed, be Government entitled to enter into certain agreements or arrangements with other successful bidder or to approve allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the certain arrange- same end-uses in the public interest and to achieve cost efficiencies. ments. (2) A successful bidder or allottee may also use the coal mine from a particular Schedule I coal mine for any of its plants engaged in common specified end-uses, in accordance with such rules as may be prescribed. CHAPTER VI MISCELLANEOUS Acquisition 21. (1) All existing land acquisition proceedings under the Right to Fair Compensation of land. and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in relation 30 of 2013. 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 may be proceeded with by the Central 30 of 2013. 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 and all such lands which are also subject matter of 30 of 2013. the said Act in respect of Schedule I coal mines, shall— (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;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 (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. If a prior allottee of Schedule II coal mine fails to deposit the additional levy with Realisation the Central Government within the specified time, then, such additional levy shall be realised of additional as the arrears of land revenue. levy. 23. If any person— Penalties for certain (a) obstructs or causes any impediment in taking possession or in the offences. 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. If any person fails to comply, without reasonable cause, with a direction given by Penalty for the Central Government or nominated authority or the designated custodian, he shall be failure to comply with punishable with a fine of one lakh rupees and in the case of continuing failure with a maximum directions of fine of two lakh rupees for every day during which the failure continues, depending upon the Central nature of the offence. Government. 25. (1) Where an offence under this Act has been committed by a company, every Offences by person who at the time the offence was committed was in charge of, and was responsible to, companies. 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. No court shall take cognizance of any offence punishable under this Act or any Cognizance rules made thereunder except upon complaint in writing made by a person authorised in this of offences. behalf by the Central Government or nominated authority or the designated custodian. 27. (1) Any dispute arising out of any action of the Central Government, nominated Dispute authority or Commissioner of payment or designated custodian, or any dispute between the settlement and Bar of successful bidder or allottee and prior allottee arising out of any issue connected with the Jurisdiction Act shall be adjudicated by the Tribunal constituted under the Coal Bearing Areas of civil 20 of 1957. (Acquisition and Development) Act, 1957 courts. (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 adjudicated20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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. Protection of 28. No suit, prosecution or other legal proceeding shall lie against the Central action taken Government, nominated authority, commissioner of payment, or designated custodian or in good faith. any person acting on their behalf, in respect of anything which is done or intended to be done in good faith under this Act. Act to 29. The provisions of this Act shall have effect, notwithstanding anything inconsistent have therewith contained in any other law for the time being in force, or in any instrument having overriding effect by virtue of any such law. effect. Amendment 30. On and from the date of commencement of this Act, the Coal Mines (Nationalisation) of certain Act, 1973 and the Mines and Minerals (Development and Regulation) Act, 1957 shall stand 26 of 1973. Acts amended in the manner provided in Schedule IV. 67 of 1957. contained in Schedule IV. Power to 31. (1) The Central Government may, by notification in the Official Gazette, and subject make rules. 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, prospecting licence or 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 sub-section (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; (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;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 (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 to sub-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. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order published in the Official Gazette, make such provisions, not remove inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for difficulties. 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. Ord. 7 of 33. (1) The Coal Mines (Special Provisions) Second Ordinance, 2014 is hereby repealed. Repeal and 2014. saving. (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.22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE I [See section 3(1)(p)] Sl. Name of Coal Name of Prior Allottee State where Coal No. Mine/Block Mine/Block Located 1 2 3 4 1 Tadicherla-I Andhra Pradesh Power Generation Corpn. Ltd. Telangana 2 Anesttipali Andhra Pradesh Power Generation Corpn. Ltd. Telangana 3 Punkula-Chilka Andhra Pradesh Power Generation Corpn. Ltd. Telangana 4 Penagaddppa Andhra Pradesh Power Generation Corpn. Ltd. Telangana 5 Namchik Namphuk Arunachal Pradesh Mineral Dev. & Trading Corporation Arunachal Pradesh 6 Sayang AES Chhattisgarh Energy Pvt. Ltd Chhattisgarh 7 Rajgamar Dipside API Ispat & Powertech Pvt. Ltd., CG Sponge Manufacturers (Deavnara) Consortium Coalfield Pvt. Ltd. Chhattisgarh 8 Durgapur-II/ Bharat Aluminium Company Ltd. Chhattisgarh Taraimar 9 Datima Binani Cement Ltd. Chhattisgarh 10 Tara Chhattisgarh Mineral Development Corporation Limited Chhattisgarh 11 Gare-Palma, Sector-I Chhattisgarh Mineral Development Corporation Limited Chhattisgarh 12 Shankarpur Chhattisgarh Mineral Development Corporation Limited Chhattisgarh Bhatgaon II Extn. 13 Sondhia Chhattisgarh Mineral Development Corporation Limited Chhattisgarh 14 Parsa Chhattisgarh State Electricity Board Chhattisgarh 15 Vijay Central Coal India Limited, SKS Ispat & Power Ltd. Chhattisgarh 16 Gidhmuri Chhattisgarh State Electricity Board Chhattisgarh 17 Paturia Chhattisgarh State Electricity Board Chhattisgarh 18 Durgapur-II /Sarya DB Power Ltd. Chhattisgarh 19 Bhaskarpara Electrotherm (India) Ltd., Grasim Industries Ltd. Chhattisgarh 20 West of Umaria Sainik Finance and Industries Ltd. ( Earlier Garuda Clays Ltd.) Chhattisgarh 21 Morga II Gujarat Mineral Development Corporation Chhattisgarh 22 Gare-Palma Sector-III Goa Industrial Development Corporation Chhattisgarh 23 Madanpur South Hindustan Zinc Ltd., Akshya Investment Pvt. Ltd, Chhattisgarh Chhattisgarh Steel & Power Ltd., Chhattisgarh Electricity Corporation Ltd., MSP Steel & Power Ltd., Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Cos. ) 24 Nakia I Ispat Godavari Ltd., Ind Agro Synergy Ltd., Chhattisgarh Shri Nakoda Ispat Ltd., Vandana Global Ltd., Shree Bajrang Power & Ispat Ltd. 25 Nakia II Ispat Godavari, Ind Agro Synergy, Shri Nakoda Ispat, Chhattisgarh Vandana Global Ltd., Shree Bajrang Power & Ispat Ltd. 26 Gare-Palma- IV/4 Jayaswal Neco Ltd. Chhattisgarh 27 Gare-Palma- IV/8 Jayaswal Neco Ltd. Chhattisgarh 28 Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh 29 Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) ChhattisgarhSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 1 2 3 4 30 Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd. ) Chhattisgarh 31 Gare-Palma IV/6 Jindal Steel & Power Ltd., Nalwa Sponge Iron Ltd. Chhattisgarh 32 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 Chhattisgarh 34 Morga-III Madhya Pradesh State Mineral Corporation Limited Chhattisgarh 35 Morga-IV Madhya Pradesh State Mineral Corporation Limited Chhattisgarh 36 Gare-Palma Sector-II Maharashtra State Mining Corpn. Ltd. Chhattisgarh Tamil Nadu State Electricity Board 37 Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh 38 Rajgamar Dipside Monnet Ispat and Energy Ltd., Topworth Steel Pvt. Ltd. Chhattisgarh (South of Phulakdih Nala) 39 Talaipali National Thermal Power Ltd. Chhattisgarh 40 Chotia Prakash Industries Ltd. Chhattisgarh 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) Chhattisgarh 43 Kesla North Rathi Udyog Ltd. Chhattisgarh 44 Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh 45 Panchbahani Shree Radhe Industries Ltd. Chhattisgarh 46 Fatehpur SKS Ispat and Power Ltd., Prakash Industries Ltd. Chhattisgarh 47 Madanpur (North) Ultratech Ltd., Singhal Enterprise Ltd. , Nav bharat Coalfield Ltd., Chhattisgarh Vandana Energy & Steel Pvt. Ltd., Prakash Industries Ltd., Anjani Steel Pvt. Ltd., Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Co. ) 48 Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand 49 Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand 50 Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand 51 Seregarha Arcelor Mittal India Ltd., GVK Power (Govindwal Sahib) Ltd. Jharkhand 52 Patal East Bhushan Power and Steel Ltd. Jharkhand 53 Saria Koiyatand Bihar Rajya Khanij Vikas Nigam (BRKVN) Patna. Jharkhand 54 Macherkunda Bihar Sponge Iron Ltd. Jharkhand 55 Brahmadiha Castron Technologies Ltd. Jharkhand 56 Mahuagarhi Calcutta Electricity Supply Corporation Ltd. (CESC), Jharkhand Jas Infrastructure Capital Pvt. Ltd. 57 Chitarpur Corporate Ispat Alloys Ltd. Jharkhand 58 Saharpur Jamarpani Damodar Valley Corporation Jharkhand 59 Lalgarh (North) Domco Smokeless Fuel Pvt. Ltd. Jharkhand 60 Parbatpur-Central Electrosteel castings Ltd. Jharkhand 61 Chakla Essar Power Ltd. Jharkhand 62 Ashok Karkatta Essar Power Ltd. Jharkhand Central24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 63 Jainagar Gujarat Mineral Development Corporation (GMDC) Jharkhand 64 Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand 65 Tubed Hindalco Industries Ltd., Tata Power Company Ltd. Jharkhand 66 Moitra Jayaswal Neco Ltd. Jharkhand 67 North Dhadu Jharkhand Ispat Pvt. Ltd., Pavanjay Steel & Power Ltd., Jharkhand Electrosteel castings Ltd., Adhunik Alloys & Power Ltd. 68 Banhardih Jharkhand State Electricity Board Jharkhand 69 Sugia Closed mine Jharkhand State Mineral Development Corporation Jharkhand 70 Rauta Closed mine Jharkhand State Mineral Development Corporation Jharkhand 71 Burakhap small patch Jharkhand State Mineral Development Corporation Jharkhand 72 Pindra-Debipur- Jharkhand State Mineral Development Corporation Ltd. Jharkhand Khaowatand 73 Latehar Jharkhand State Mineral Development Corporation Ltd. Jharkhand 74 Patratu Jharkhand State Mineral Development Corporation Ltd. Jharkhand 75 Rabodih OCP Jharkhand State Mineral Development Corporation Ltd. Jharkhand 76 Jogeshwar & Khas Jharkhand State Mineral Development Corporation Jharkhand Jogeshwar 77 Jitpur Jindal Steel & Power Ltd. Jharkhand 78 Amarkonda Jindal Steel and Power Ltd.,Gagan Sponge Iron Pvt. Ltd. Jharkhand Murgadangal 79 Urma Paharitola Jharkhand State Electricity Board, Bihar State Jharkhand Mineral Development Corporation Ltd. 80 Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jharkhand Jai Balaji Industries Ltd. 81 Gomia Metals and Minerals Trading Corporation Jharkhand 82 Rajhara North Mukund Limited,Vini Iron & Steel Udyog Limited Jharkhand (Central & Eastern) 83 Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand 84 Kerandari National Thermal Power Ltd. Jharkhand 85 Chhatti Bariatu National Thermal Power Ltd. Jharkhand 86 Chhati Bariatu South National Thermal Power Ltd. Jharkhand 87 Brahmini National Thermal Power Ltd.+ Coal India Limited JV Jharkhand 88 Chichro Patsimal National Thermal Power Ltd.+ Coal India Limited JV Jharkhand 89 Pachwara Central Punjab State Electricity Board Jharkhand 90 Mahal Rashtriya Ispat Nigam Limited Jharkhand 91 Tenughat-Jhirki Rashtriya Ispat Nigam Limited Jharkhand 92 Bundu Rungta Mines Limited Jharkhand 93 Mednirai Rungta Mines Limited, Kohinoor Steel (P) Ltd. Jharkhand 94 Choritand Tiliaya Rungta Mines Limited, Sunflag Iron & Steel Co. Ltd. Jharkhand 95 Sitanala Steel Authority of India Ltd. Jharkhand 96 Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand 97 Badam Tenughat Vidyut Nigam Limited JharkhandSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 1 2 3 4 98 Rajbar E&D Tenughat Vidyut Nigam Limited Jharkhand 99 Gondulpara Tenughat Vidyut Nigam Limited, Damodar Valley Corporation Jharkhand 100 Kotre-Basantpur Tata Iron and Steel Co. Ltd. ( Now Tata Steel Ltd.) Jharkhand 101 Pachmo Tata Iron and Steel Co. Ltd. ( Now Tata Steel Ltd.) Jharkhand 102 Lohari Usha Martin Ltd. Jharkhand 103 Kathautia Usha Martin Ltd. Jharkhand 104 Pachwara North West Bengal Power Development Corporation Limited (WBPDCL) Jharkhand 105 Suliyari Andhra Pradesh Mineral Development Corporation Madhya Pradesh 106 Bikram Birla Corporation Ltd. Madhya Pradesh 107 Gotitoria (East) BLA Industries Ltd. Madhya Pradesh 108 Gotitoria (West) BLA Industries Ltd. Madhya Pradesh 109 Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh 110 Mandla North Jaiprakash Associates Ltd. Madhya Pradesh 111 Urtan North Jindal Steel & Power Ltd., Monet Ispat and Energy Ltd. Madhya Pradesh 112 Thesgora-B/ Kamal Sponge Steel & Power Limited, Revati Cement P. Ltd. Madhya Pradesh Rudrapuri 113 Amelia Madhya Pradesh State Mining Corporation Madhya Pradesh 114 Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh 115 Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh 116 Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh 117 Marki Barka Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh 118 Semaria/Piparia Madhya Pradesh State Mining Corporation (MPSMC) Madhya Pradesh 119 Bicharpur Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh 120 Tandsi-III & Mideast Integrated Steels Ltd. Madhya Pradesh Tandsi -III (Extn.) 121 Sahapur East National Mineral Dev. Corp. Madhya Pradesh 122 Sahapur West National Mineral Dev. Corp. Madhya Pradesh 123 Mara II Mahan NCT of Delhi, Delhi, Haryana Power Generation Madhya Pradesh Corp. Ltd . (HPGCL) 124 Sial Ghoghri Prism Cement Limited Madhya Pradesh 125 Brahampuri Pushp Steel and Mining Ltd. Madhya Pradesh 126 Rawanwara North SKS Ispat Limited Madhya Pradesh 127 Bander AMR Iron & Steels Pvt. Ltd., Century Textiles & Maharashtra Industries Ltd., J.K.Cement Ltd. 128 Marki Mangli-I B.S. Ispat Ltd. Maharashtra 129 Takli-Jena- Central Collieries Co. Ltd. and Lloyds Metals & Engineering Ltd. Maharashtra Bellora (North) & Takli-Jena- Bellora (South) 130 Dahegaon/ IST Steel & Power Ltd., Gujarat Ambuja Cement Ltd., Maharashtra Makard hokra- IV Lafarge India Pvt. Ltd. 131 Gondkhari Maharashtra Seamless Limited, Dhariwal Infrastructure (P) Ltd., Maharashtra Kesoram Industries Ltd.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 132 Marki-Zari- Maharashtra State Mining Corpn. Ltd. Maharashtra Jamani-Adkoli 133 Lohara (East) Murli Industries Ltd., Grace Industries Ltd. Maharashtra 134 Khappa & Extn. Sunflag Iron & Steel Ltd., Dalmia Cement (Bharat) Ltd. Maharashtra 135 Lohara West Extn. Adani Power Ltd. Maharashtra 136 Warora West (North) Bhatia International Ltd. Maharashtra 137 Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra 138 Warora (West) Fieldmining & Ispat Ltd. Maharashtra Southern Part 139 Chinora Fieldmining & Ispat Ltd. Maharashtra 140 Majra Gondwana Ispat Ltd. Maharashtra 141 Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd. Maharashtra 142 Baranj - I Karnataka Power Corp. Ltd. (KPCL) Maharashtra 143 Baranj - II Karnataka Power Corp. Ltd. (KPCL) Maharashtra 144 Baranj - III Karnataka Power Corp. Ltd. (KPCL) Maharashtra 145 Baranj - IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra 146 Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra 147 Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra 148 Agarzari Maharashtra State Mining Corporation Limited (MSMCL) Maharashtra 149 Warora Maharashtra State Mining Corporation Limited (MSMCL) Maharashtra 150 Bhandak West Shree Baidyanath Ayurved Bhawan Ltd. Maharashtra 151 Marki Mangli-II Shree Veerangana Steel Limited. Maharashtra 152 Marki Mangli-III Shree Veerangana Steel Limited. Maharashtra 153 Marki Mangli-IV Shree Veerangana Steel Limited. Maharashtra 154 Belgaon Sunflag Iron & Steel Co. Ltd. Maharashtra 155 Mandakini B Assam Mineral Dev. Corporation Ltd., Meghalaya Odisha Mineral Dev. Corp., Tamil Nadu Electricity Board, Odisha Mining Corporation Ltd. 156 New Patrapara Bhusan Steel & Strips Ltd., Adhunik Metaliks Ltd., Odisha Deepak Steel & Power Ltd., Adhunik Corp. Ltd., Odisha Sponge Iron Ltd., SMC Power Generation Ltd., Sree Metaliks Ltd.,Visa Steel Ltd. 157 Bijahan Bhushan Ltd., Shri Mahavir Ferro Alloys Pvt. Limited Odisha 158 Jamkhani Bhushan Ltd. Odisha 159 Naini Gujarat Mineral Development Corporation, Puducherry Industrial Odisha Promotion Development and Investment Corporation Limited 160 Mahanadi Gujarat State Electricity Corporation Limited, Maharashtra Odisha State Electricity Board 161 Machhakata Gujarat State Electricity Corporation Limited, Maharashtra Odisha State Electricity Board 162 Talabira-I Hindalco Industries Ltd. Odisha 163 Ramchandi Jindal Steel & Power Limited Odisha Promotion BlockSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 1 2 3 4 164 Utkal B 1 Jindal Steel & Power Ltd. Odisha 165 Baitarni West Kerala State Electricity Board, Odisha Hydro Power Corp., Odisha Gujarat Power Corporation Ltd. 166 Talabira II & III Mahanadi Coalfields Ltd. (MCL), Neyveli Lignite Corporation Ltd., Odisha Hindalco Industries Ltd. 167 Utkal-A Mahanadi Coalfields Ltd. (MCL), JSW Steels Ltd., Odisha Jindal Thermal Power Comp. Ltd., Jindal Stainless Steels Ltd., Shyam DRI Ltd. 168 Utkal-B2 Monet Ispat Ltd. Odisha 169 Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power Odisha Company Ltd. 170 Utkal 'E' National Aluminium Corporation Odisha 171 Dulanga National Thermal Power Corporation Odisha 172 Utkal-D Odisha Mining Corporation Odisha 173 Nuagaon Telisahi Odisha Mining Corporation, Andhra Pradesh Mineral Odisha Development (APMDC) 174 Manoharpur Odisha Power Generation Corporation Odisha 175 Dipside Manoharpur Odisha Power Generation Corporation Odisha 176 Radhikapur (West) Rungta Mines Limited, OCL India Ltd., Ocean Ispat Ltd. Odisha 177 Rampia Sterlite Energy Ltd., (IPP), GMR Energy Ltd. (IPP), Odisha Arcelor Mittal India Ltd. (CPP), Lanco Group Ltd. (IPP), Navbharat Power Pvt. Ltd. (IPP), Reliance Energy Ltd. (IPP) 178 Dip Side of Rampia Sterlite Energy Ltd., (IPP), GMR Energy (IPP), Odisha Arcelor 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) Odisha Srirampur 180 Radhikapur(East) Tata Sponge Iron Ltd, Scaw Industries Ltd., SPS Sponge Iron Ltd. Odisha 181 Chendipada, Uttar Pradesh Rajya Vidut Utpadan Limited, Odisha Chattishgarh Mineral Development Corporation Limited, Maharashtra State Power Generation Corporation Ltd. 182 Chendipada-II Uttar Pradesh Rajya Vidut Utpadan Limited, Chattishgarh Odisha Mineral Development Corporation Limited, Maharashtra State Power Generation Corporation Ltd. 183 Utkal-C Utkal Coal Ltd. (formerly ICCL) Odisha 184 Biharinath Bankura DRI Mining Manufacturers Co. Pvt. Ltd. West Bengal 185 Andal East Bhushan Steel Ltd., Jai Balaji Industries Ltd., Rashmi Cement Ltd. West Bengal 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 Bengal28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 192 Ardhagram Sova Ispat Limited, Jaibalaji Sponge Ltd. West Bengal 193 Tara (West) West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 194 Gangaramchak West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 195 Barjora West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 196 Gangaramchak- West Bengal Power Development Corporation Limited (WBPDCL) West Bengal Bhadulia 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 Ichhapur West Bengal Mineral Dev. & Trading Corp. Ltd. West Bengal 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 (WBPDCL) West Bengal (Kalyaneshwari)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 SCHEDULE II [See section 3(1)(q)] Sl. Name of Coal Name of Prior Allottee State where Coal No. Mine/Block Mine/Block Located 1 2 3 4 1 Namchik Namphuk Arunachal Pradesh Mineral Dev. & Trading Corporation Arunachal Pradesh 2 Gare-Palma- IV/4 Jayaswal Neco Ltd. Chhattisgarh 3 Gare-Palma-IV/2 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh 4 Gare-Palma-IV/3 Jindal Power Ltd. (Now Jindal Steel & Power Ltd.) Chhattisgarh 5 Gare-Palma-IV/1 Jindal Strips Limited (Now Jindal Steel & Power Ltd .) Chhattisgarh 6 Gare-Palma-IV/5 Monet Ispat Ltd. Chhattisgarh 7 Chotia Prakash Industries Ltd. Chhattisgarh 8 Gare-Palma-IV/7 Raipur Alloys & Steel Ltd. (Now Sarda Energy and Mineral Limited) Chhattisgarh 9 Parsa East Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh 10 Kanta Basan Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL) Chhattisgarh 11 Parbatpur-Central Electrosteel Castings Ltd. Jharkhand 12 Tokisud North GVK Power (Govindwal Sahib) Ltd. Jharkhand 13 Pachwara Central Punjab State Electricity Board Jharkhand 14 Kathautia Usha Martin Ltd. Jharkhand 15 Pachwara North West Bengal Power Development Corporation Limited (WBPDCL) Jharkhand 16 Gotitoria (East) BLA Industries Ltd. Madhya Pradesh 17 Gotitoria (West) BLA Industries Ltd. Madhya Pradesh 18 Mandla North Jaipraskash Associates Ltd. Madhya Pradesh 19 Amelia (North) Madhya Pradesh State Mining Corporation Madhya Pradesh 20 Bicharpur Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh 21 Sial Ghoghri Prism Cement Limited Madhya Pradesh 22 Marki Mangli-I B.S. Ispat Ltd. Maharashtra 23 Baranj - I Karnataka Power Corp. Ltd. (KPCL) Maharashtra 24 Baranj - II Karnataka Power Corp. Ltd. (KPCL) Maharashtra 25 Baranj - III Karnataka Power Corp. Ltd. (KPCL) Maharashtra 26 Baranj - IV Karnataka Power Corp. Ltd. (KPCL) Maharashtra 27 Kiloni Karnataka Power Corp. Ltd. (KPCL) Maharashtra 28 Manora Deep Karnataka Power Corp. Ltd. (KPCL) Maharashtra 29 Marki Mangli-II Shree Veerangana Steels Limited. Maharashtra 30 Marki Mangli-III Shree Veerangana Steels Limited. Maharashtra 31 Belgaon Sunflag Iron & Steel Co. Ltd Maharashtra 32 Talabira-I Hindalco Industries Ltd. Odisha 33 Barjora (North) Damodar Valley Corporation West Bengal 34 Kagra Joydev Damodar Valley Corporation West Bengal 35 Sarisatolli Calcutta Electricity Supply Corporation Ltd. West Bengal 36 Ardhagram Sova Ispat Limited, Jai balaji Sponge Ltd. West Bengal30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 37 Tara (West) West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 38 Gangaramchak West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 39 Barjora West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 40 Gangaramchak- West Bengal Power Development Corporation Limited (WBPDCL) West Bengal Bhadulia 41 Tara (East) West Bengal State Electricity Board West Bengal 42 Trans Damodar West Bengal Mineral Dev. & Trading Corp. Ltd. West BengalSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 SCHEDULE III [See section 3(1)(r)] Sl. Name of Coal Name of Prior Allottee State where Coal No. Mine/Block Mine/Block Located 1 2 3 4 1 Durgapur-II/ Bharat Aluminium Company Ltd. Chhattisgarh Taraimar 2 Durgapur-II /Sarya DB Power Ltd. Chhattisgarh 3 Gare-Palma Sector-III Goa Industrial Development Corporation Chhattisgarh 4 Gare-Palma IV/8 Jayaswal Neco Ltd. Chhattisgarh 5 Talaipali National Thermal Power Ltd. Chhattisgarh 6 Chatti Bariatu National Thermal Power Ltd. Jharkhand 7 Mahan Essar Power Ltd., Hindalco Industries Ltd. Madhya Pradesh 8 Mandla South Madhya Pradesh State Mining Corporation Ltd. Madhya Pradesh 9 Dongeri Tal-II Madhya Pradesh State Mining Corporation Ltd. (MPSMC) Madhya Pradesh 10 Kosar Dongergaon Chaman Metaliks Ltd. Maharashtra 11 Nerad Malegaon Gupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd. Maharashtra 12 Marki Mangli-IV Shree Veerangana Steel Limited. Maharashtra 13 Jamkhani Bhushan Ltd. Odisha 14 Utkal B 1 Jindal Steel & Power Ltd. Odisha 15 Utkal-B 2 Monet Ispat Ltd. Odisha 16 Mandakini Monet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power Odisha Company Ltd. 17 Utkal-C Utkal Coal Ltd. (formerly ICCL) Odisha 18 Brinda Abhijeet Infrastructure Pvt. Ltd. Jharkhand 19 Sasai Abhijeet Infrastructure Pvt. Ltd. Jharkhand 20 Meral Abhijeet Infrastructure Pvt. Ltd. Jharkhand 21 Moitra Jayaswal Neco Ltd Jharkhand 22 Jitpur Jindal Steel & Power Ltd. Jharkhand 23 Rohne JSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Jharkhand Industries Ltd. 24 Dumri Nilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd. Jharkhand 25 Kerandari National Thermal Power Ltd. Jharkhand 26 Sitanala Steel Authority of India Ltd. Jharkhand 27 Ganeshpur Tata Steel Ltd., Adhunik Thermal Energy Jharkhand 28 Badam Tenughat Vidyut Nigam Limited Jharkhand 29 Tara Chhattisgarh Mineral Development Corporation Ltd. Chhattisgarh 30 Lohari Usha Martin Ltd. Jharkhand 31 Dulanga National Thermal Power Corporation Odisha 32 Manoharpur Odisha Power Generation Corporation Odisha32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE IV (See section 28) PART A THE COAL MINES (NATIONALISATION) ACT, 1973 (26 OF 1973) Amendment 1. In the Coal Mines (Nationalisation) Act, 1973 (herein referred to as the principal of section Act), in sub-section (1) of section 1A, after the word and figure "section 3", the word, figure 1A. and letter ", section 3A" shall be inserted. Insertion of 2. After section 3 of the principal Act, the following section shall be inserted, namely:— new section 3A. Mining '3A. (1) Notwithstanding anything contained in this Act, any person being— operation by company and (a) a Government company or corporation or a joint venture company others. formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India; or (b) a company or a joint venture company formed by two or more companies, may carry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in accordance with the prospecting licence or mining lease, as the case may be. (2) The Central Government may, with a view to rationalise such coal mines so as to ensure the coordinated and scientific development and utilisation of coal resources consistent with the growing requirements of the country, from time to time, prescribe— (i) the coal mines or coal bearing areas and their location; (ii) the minimum size of the coal mine or coal bearing areas; (iii) such other conditions, which in the opinion of that Government may be necessary for the purpose of coal mining operations or mining for sale by a company. Explanation.—For the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013.'. 18 of 2013. Amendment 3. In section 34 of the principal Act, in sub-section (2), after clause (a), the following of section 34. clause shall be inserted, namely:— "(aa) the coal mines or coal bearing areas and their location, the minimum size of the coal mine or coal bearing areas, and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a company under sub-section (2) of section 3A.". PART B THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 (67 OF 1957) Substitution 1. In the Mines and Minerals (Development and Regulation) Act, 1957 (herein referred of new to as the principal Act), for section 11A, the following section shall be substituted, namely:— section for section 11A.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 '11A. (1) Notwithstanding anything contained in this Act, the Central Government Granting of may, for the purpose of granting reconnaissance permit, prospecting licence or mining reconnaissance permit, lease in respect of any area containing coal or lignite, select any of the following prospecting companies through auction by competitive bidding, on such terms and conditions as licence or may be prescribed, namely:— mining lease. (a) a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India; or (b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be. (2) The Central Government may, with a view to rationalise coal and lignite mines referred to in sub-section (1), so as to ensure the coordinated and scientific development and utilisation of resources consistent with the growing requirements of the country, from time to time, prescribe— (i) the details of mines and their location; (ii) the minimum size of such mines; (iii) such other conditions, which in the opinion of that Government may be necessary for the purpose of mining operations or mining for sale by a company. (3) The State Government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal or lignite to such company as selected through auction by competitive bidding or otherwise under this section: Provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite— (a) where such area is considered for allocation to a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be; (b) where such area is considered for allocation to a company or corporation or that has been awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects). Explanation.—For the purposes of this section, "company" means a company 18 of 2013. as defined in clause (20) of section 2 of the Companies Act, 2013.'. 2. In section 13 of the principal Act, in sub-section (2), for clause (d), the following Amendment clause shall be substituted, namely:— of section 13. "(d) the terms and conditions of auction by competitive bidding, the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a company under sub-section (1) and sub-section (2) of section 11A.".34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Hon'ble Supreme Court in Writ Petition (Criminal) No.120 of 2012 (Manoharlal Sharma Vs. Principal Secretary & Ors.) and Writ Petition (Civil) No. 463 of 2012 (Common Cause Vs. UOI & Ors.) and other connected Public Interest Litigations, vide its judgment dated 25th August, 2014 has held that allocations of the coal blocks made through Screening Committee and Government Dispensation route as arbitrary and illegal. The Supreme Court pronounced its order on 24th September, 2014 cancelling allocation of 204 coal blocks out of a total of 218 allocated since 1993. In case of 42 coal blocks (37 producing and 05 ready to produce), cancellation will take effect from 31st March, 2015 and in respect of the others, with immediate effect. The Court has also directed that an additional levy of Rs. 295/- per metric ton be paid by these 42 coal block allocatees for the coal extracted since commencement of production till 31st March, 2015. 2. In light of the judgment and order of the Hon'ble Supreme Court, it was considered expedient in public interest by the Central Government to take immediate action so as to ensure energy security of the country. The need for promulgation of the Ordinance was felt to overcome the acute shortage of coal in core sectors such as steel, cement and power utilities, which are vital for the development of the country. Further, to mitigate the hardships on household consumers, medium and small enterprises, cottage industries, as well as to overcome the overall shortage of coal in the country and augment its production by allocating coal mines to new allocatees, the Coal Mines (Nationalisation) Act, 1973 was amended by inserting section 3A and the Mines and Minerals (Development and Regula- tion) Act, 1957 was amended by substituting section 11A, thereby removing the restriction of end use from the eligibility to undertake coal mining, in the national interest. 3. In order to implement the judgment and order of the Supreme Court and to address the above objectives, an Ordinance namely, the Coal Mines (Special Provisions) Ordinance, 2014 was promulgated by the President on 21st October, 2014 under article 123 of the Consti- tution. To replace the said Ordinance, the Coal Mines (Special Provisions) Bill, 2014 was introduced in the House of the People on 10th December, 2014. The said Bill has been passed by the House of the People on 12th December, 2014 and is pending in the Council of States. 4. In pursuance of the Coal Mines (Special Provisions) Ordinance, 2014, actions have been initiated by the Central Government including the framing of Rules for allocation of Coal Mines and therefore, it was considered necessary to give continuity to the provisions of the said Ordinance and save the actions taken thereunder. 5. Since Parliament was not in session and the President was satisfied that circum- stances exist which render it necessary for him to take immediate action, the Coal Mines (Special Provision) Second Ordinance, 2014 was promulgated on 26th December, 2014 under clause (1) of article 123 of the Constitution. 6. It is proposed to introduce the Coal Mines (Special Provisions) Bill, 2015, to replace the Coal Mines (Special Provision) Second Ordinance, 2014. 7. The Coal Mines (Special Provisions) Bill, 2015 provides for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottees through a transparent bid- ding process with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the require- ment of the country in national interest. Further, the Bill, having regard to the coordinated and scientific development and utilisation of coal resources consistent with the growing requirement of the country, prescribed the condition to rationalise the coal sector for mining operations, consumption and sale.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 8. The notes on clauses explain in detail the various provisions contained in the Bill. 9. The Bill seeks to achieve the above objectives. PIYUSH GOYAL. NEW DELHI; The 16th February, 2015. —————— PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA [Copy of letter F.No.54018/1/2015-CA-II dated 18th February, 2015 from Shri Piyush Goyal, Minister of State for Coal, Power and NRE to the Secretary-General, Lok Sabha.] The President, having been informed of the subject matter of the proposed Coal Mines (Special Provisions) Bill, 2015, recommends to the House the introduction and consideration of the Bill under article 117(1) and (3) of the Constitution of India.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Notes on clauses Clause 1.—This clause provides the short title and commencement of the proposed legislation. Clause 2.—This clause is a declaration as to expediency of Union action. Clause 3.—This clause provided for the definition of the expressions words used in the proposed legislation. Clause 4.—This clause provides for eligibility to participate in auction and payment of fees. Clause 5.—This clause empowers the Central Government to allot a Schedule I Coal mine to a Government Company or Corporation. Clause 6.—This clause provides the Central Government to act through a nominated authority and its powers and functions. Clause 7.—This clause empowers the Central Government to classify certain Schedule I Coal Mines. Clause 8.—This clause empowers the nominated authority to issue vesting order or allotment order in respect of Schedule I and Schedule II Coal mines in the manner as prescribed therein. Clause 9.—This clause provides that the proceeds arising out of land and mine infrastructure in relation to a Schedule I coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with such rules as may be provided. Clause 10.—This clause provides for the procedure for utilisation of movable property used in coal mining operation in the manner as may be provided by rules. Clause 11.—This clause provides for discharge or adoption of third party contracts with prior allottees. Clause 12.—This clause provides for provisions in relation to secured creditors. Clause 13.—This clause provides that any and all alienations of land and mine infrastructure and creation of any encumbrances of whatsoever nature thereon which relate to the Schedule I coal mines, made by any prior allottee after the 25th day of August, 2014 shall be void, save and except any registered security interest and charge over the land and mine infrastructure as registered by a bank or a financial institution or any other secured lender. Clause 14.—This clause provides for liabilities of prior allottees. Clause 15.—This clause empowers the Central Government to appoint a Commissioner of Payments for the purposes of disbursing the amounts payable to prior allottees of the Schedule I coal mines. The sub-clauses provides the powers and functions of the said Commissioner. Clause 16.—This clause provides for the valuation of compensation for payment to prior allottee. Clause 17.—This clause provides that on and from the appointed date, the Central Government or a company owned by the Central Government shall be deemed to have become the lessee or licensee of the State Government in relation to each of the Schedule II coal mines, in respect of which a mining lease or prospecting licence has been granted prior to the date of commencement of the proposed legislation, as if a mining lease or prospecting licence in relation to such coal mine had been granted to the Central Government or a company owned by the Central Government and the period of such lease or licence shall beSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 the maximum period for which such lease or licence could have been granted by the State Government under the Mineral Concession Rules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other rights shall be deemed to have been transferred to, and vested in, the Central Government or a company owned by the Central Government. Clause 18.—This clause provides that on and from the appointed date, if the auction or allotment of Schedule I coal mines is not complete, the Central Government shall appoint any person as a designated custodian for such coal mines as may be notified by the Central Government to manage and operate such notified coal mines. Clause 19.—This clause and its sub-clauses provides for the powers and functions of the designated custodian in respect of Schedule II coal mines. Clause 20.—This clause provides that a successful bidder or allottee or coal linkage holder shall, with prior approval of the Central Government and in accordance with such rules as may be prescribed, be entitled to enter into certain agreements or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end uses in the public interest and to achieve cost efficiencies. It further provides that a successful bidder or allottee may also use the coal mine from a particular Schedule I coal mine for any of its plants engaged in common specified end uses, in accordance with such rules as may be prescribed. Clause 21.—This clause provides for the procedure for acquisition of land. Clause 22.—This clause provides for realisation of additional levy from the prior allottee of Schedule II coal mine. Clause 23.—This clause provides for penalties for certain offences. Clause 24.—This clause provides for penalty for failure to comply with directions of Central Government. Clause 25.—This clause provides for the procedure for penalty against the offences committed by a company. Clause 26.—This clause provides that no court shall take cognizance of any offence punishable under the proposed legislation 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. Clause 27.—This clause provides an alternate dispute resolution forum for barring the jurisdiction of civil courts and other courts (except the Supreme Court and High Courts) in relation to any matter connected with the proposed legislation. Clause 28.—This clause provides for protection of action taken in good faith by the Central Government, nominated authority, Commissioner of payments, or designated custodian or any person acting on their behalf. Clause 29.—This clause provides that the provisions of the proposed legislation 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. Clause 30.—This clause provides that on and from the date of commencement of the proposed legislation, the Coal Mines (Nationalisation) Act, 1973 and the Mines and Minerals (Development and Regulation) Act, 1957 shall stand amended in the manner as provided therein. Clause 31.—This clause provides that 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 the proposed legislation. Sub-clause (2) of said clause provides for the matters in respect of which such rules may be made. Sub-clause (3) provides38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— that every rule made by the Central Government are required to be laid before each House of Parliament. Clause 32.—This clause provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of the pro- posed legislation, 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 the proposed legislation and every order made under this clause shall be laid before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 FINANCIAL MEMORANDUM Sub-clause (1) of clause 6 of the Bill provides that the Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India as the nominated authority who shall act for and on behalf of the Central Government for the purposes of the proposed legislation. 2. Sub-clause (2) of clause 6 provides that the nominated authority may engage any expert having such qualifications and experience to make recommendations to the authority for the conduct of auction and in drawing up of the vesting order or allotment order in relation to the Schedule I coal mines. 3. Sub-clause (6) of clause 6 provides that the salaries and allowances and other terms and conditions of service of the nominated authority and such other officers and staff appointed thereunder. 4. Sub-clause (1) of clause 15 provides that for the purposes of disbursing the amounts payable to prior allottees of the Schedule I coal mines, the Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India, to be the Commissioner of Payments. 5. Sub-clause (2) of clause 15 provides that the Central Government may appoint such other officers and staff as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such officers to also exercise all or any of the powers exercisable by him under the proposed legislation. 6. Sub-clause (4) of clause 15 provides that the salaries and allowances and other terms and conditions of service of the Commissioner and other officers and staff appointed thereunder. 7. The manpower requirement and the total financial implication in terms of recurring and non-recurring expenditure as well as the modalities involved would, however, be deter- mined after appointment of the nominated authority or Commissioner of Payments. Hence, it would be difficult to work out the exact expenditure, both recurring and non-recurring at this stage.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Sub-clause (1) of clause 31 empowers the Central Government to make rules, by noti- fication in the Official Gazette and subject to the condition of previous publication, for the purpose of carrying out the provisions of the proposed legislation. Sub-clause (2) provides for the matters in respect of which such rules may be made. These matters, inter alia,include— (I) 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; the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner and conditions of competitive bidding under sub-section (2) of section 4; 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; the period within which the payment of additional levy by the prior allottee under sub-section (4) of section 4; the allotment order to make allocations to a Government company or corporation under sub-section (3) of section 5; (II) the powers of the nominated authority under sub-section (1) of section 6; the powers of the nominated authority under sub-section (2) of section 6; the powers of the nominated authority under sub-section (4) of section 6; 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; (III) 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; the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8; the determination of floor price or reserve price by the nominated authority under sub-section (5) of section 8; 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; the manner of disbursement of priority payments under section 9; 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 to sub-section (5) of section 10; the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to sub-section (5) of section 10; (IV) 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; the manner of collec- tion of additional levy by the Central Government from the prior allottees of Schedule II coal mines under sub-section (5) of section 14; 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; the manner of determination of compensation payable to the prior allottee and the lodging of registered sale deeds with the nominated authority under sub-section (1) of section 16; 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; (V) 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; the manner of providing agreements or arrangements for optimum utilisation of coal mined for specified end uses under sub-section (1) of section 20; (VI) 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; any other matter which is required to be, or may be, prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 (VII) sub-clause (3) provides that every rule made by the Central Government are required to be laid before each House of Parliament. 2. The matters in respect of which the rules may be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ———— ANOOP MISHRA, Secretary General. PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015. GMGIPMRND—5014GI(S-3)—23.03.2015.