Date: 2015-05-11Category: Extra OrdinaryState: Union GovernmentCountry: India
The Central Govt. hereby directs that the lands measuring 605.11 hectares (approximately) or 1495.25 acres (approximately) and all rights in over the such land so vested, shall with effect from the 29th March, 2014, instead of continuing to so vest in the Central Govt, shall vest in the Govt. Company, subject to the following terms and conditions.
Executive Summary:
This notification, issued by the Ministry of Coal, concerns the vesting of land and associated rights in NTPC Limited, a Public Sector Undertaking under the Ministry of Power. The land, approximately 605.11 hectares, was previously vested in the Central Government. This directive, effective from March 29, 2014, outlines specific terms and conditions for the transfer.
Key Points / Main Content:
Vesting of Land:
* Approximately 605.11 hectares (1495.25 acres) of land and all associated rights, previously vested in the Central Government, will now vest in NTPC Limited (the Government Company).
* This vesting is effective from March 29, 2014.
Financial Responsibilities of NTPC Limited:
* NTPC Limited must reimburse the Central Government for all payments related to compensation, interest, damages, and similar items as determined under the Coal Bearing Areas Acquisition and Development Act, 1957.
* NTPC Limited will bear all expenses related to the Tribunal constituted under Section 14 of the Act, including the costs of individuals appointed to assist the Tribunal.
* NTPC Limited will cover all costs associated with legal proceedings, including appeals, concerning the vested land and rights.
* NTPC Limited will indemnify the Central Government and its officials against any expenditure related to proceedings regarding the rights in or over the vested land.
Restrictions on Land Transfer:
* NTPC Limited cannot transfer the land and rights to any other person without the Central Government's prior approval.
Compliance:
* NTPC Limited must comply with any directions and conditions given or imposed by the Central Government concerning the specific areas of the land as necessary.
Impact Analysis:
Central Government:
* Impact: The Central Government transfers land and rights to NTPC Limited but retains oversight and receives reimbursement for prior expenditures.
* Action Required: Ensure reimbursement from NTPC Limited, provide directions and conditions as needed, and approve any land transfer requests.
NTPC Limited:
* Impact: NTPC Limited gains control of the land and associated rights for development but assumes financial and compliance responsibilities.
* Action Required: Reimburse the Central Government, bear Tribunal and legal expenses, indemnify the Central Government, seek approval for land transfers, and comply with Central Government directions.
Key Entities Referenced
Coal Bearing Areas Acquisition and Development Act, 1957: A law regarding the acquisition and development of coal-bearing areas, referenced as the 'said Act' in the document.
Ministry of Coal: The government ministry that issued the notification.
NTPC Limited: A Public Sector Undertaking under the Ministry of Power, also referred to as the 'Government Company', to which land rights are being transferred.
Ministry of Power: The ministry under which NTPC Limited operates as a Public Sector Undertaking.
New Delhi: Location of NTPC Limited and place where notification was issued.
Central Government: The governing body making the directives regarding land rights.
R.P. Gupta: Joint Secretary in the Ministry of Coal.
Tribunal: An authority to be constituted under section 14 of the Coal Bearing Areas Acquisition and Development Act, 1957 for determining amounts payable to the Central Government by the Government Company
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MINISTRY OF COAL
NOTIFICATION
New Delhi, the 7th May, 2015
S.O. 1254 (E).–Whereas on the publication of the notification of the Government of India in the Ministry of
Coal, dated the 24th March, 2014, published in the Gazette of India, Part II, Section 3, Sub- section (ii), vide number
S.O. 1076, dated the 29th March, 2014, issued under sub-section (1) of section 9 of the Coal Bearing Areas (Acquisition
and Development ) Act,1957 (20 of 1957) (hereinafter referred to as the said Act), the land and all rights in or over such
land described in the Schedule appended to the said notification (hereinafter referred to as the said land) vested
absolutely in the Central Government free from all encumbrances under sub-section (1) of section 10 of the said Act;
And whereas, the Central Government is satisfied that the NTPC Limited, New Delhi, a Public Sector
undertaking under the Ministry of Power (hereinafter referred to as the Government Company) is willing to comply with
such terms and conditions as the Central Government thinks fit to impose in this behalf;
Now, therefore in exercise of the power conferred by sub-section (1) of section 11 of the said Act, the Central
Government hereby directs that the lands measuring 605.11 hectares (approximately) or 1495.25 acres (approximately)
and all rights in over the such land so vested, shall with effect from the 29th March, 2014, instead of continuing to so
vest in the Central Government, shall vest in the Government Company, subject to the following terms and conditions,
namely:-
(1) the Government Company shall reimburse to the Central Government all payments made by the Central
Government through Ministry of Power in respect of compensation, interest, damages and like as determined
under the provisions of the said Act;
(2) a Tribunal shall be constituted under section 14 of the said Act, for the purpose of determining the amounts
payable to the Central Government by the Government Company under condition (1), and all expenditure
incurred in connection with any such Tribunal and persons appointed to assist the Tribunal shall be borne by the
Government Company and similarly, all expenditure incurred in respect of all legal proceedings like appeals or
other proceedings for or in connection with the rights in or over the said land so vested, shall also be borne by the
Government Company;
(3) the Government Company shall indemnify the Central Government or its officials against any other expenditure
that may be necessary in connection with any proceedings by or against the Central Government or its officials
regarding the rights in or over the said land so vested;
(4) the Government Company shall have no power to transfer the said land and the rights to any other person without
the prior approval of the Central Government; and
(5) the Government Company shall comply with such directions and conditions as may be given or imposed by the
Central Government for particular area of the said land as and when necessary.
[F. No. 43015/02/2011-PRIW-I/Vol.II]
R.P.GUPTA, Jt. Secy.
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.