Home India Ministry of Coal The Central Govt. hereby directs that the lands measuring 60...
Date: 2015-05-11 Category: Extra Ordinary State: Union Government Country: 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.

Issued by Ministry of Coal · NOT available

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Executive Summary & Key Takeaways

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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L.-33004/99 vlk/kj.k EXTRAORDINARY Hkkx II—[k.M 3—mi&[k.M (ii) PART II—Section 3—Sub-section (ii) izkf/dkj ls izdkf'kr PUBLISHED BY AUTHORITY la- 980] ubZ fnYyh] lkseokj] ebZ 11] 2015@oS'kk[k 21] 1937 No. 980] NEW DELHI, MONDAY, MAY 11, 2015 /VAISAKHA 21, 1937 dks;yk ea=ky; vf/klwpuk ubZ fnYyh] 7 ebZ] 2015 dk-vk-1254¼v½-&dk;s yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftl s ble sa bld s i‘pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 9 dh mi/kkjk ¼1½ d s v/khu tkjh dh xbZ] Hkkjr ljdkj d s dk;s yk ea=ky; dh vf/klpw uk l[a ;kda dk-vk- 1076] rkjh[k 24 ekpZ] 2014 d s Hkkjr d s jkti=] Hkkx II] [kMa 3] mi[kMa ¼ii½] rkjh[k 29 ekpZ]Z 2014 e sa izdkf‘kr gkus s ij] mDr vf/klpw uk l s lya Xu vuqlpw h e sa of.kZr Hkfwe vkSj ,slh Hkfwe e sa ;k ml ij d s lHkh vf/kdkj ¼ftl s ble sa bld s i‘pkr ~ mDr Hkfwe dgk x;k gS½ mDr vf/kfu;e dh /kkjk 10 dh mi/kkjk ¼1½ d s v/khu] lHkh foYyxa ek sa l s eqDr gkds j] vkR;akfrd :i l s dUs nzh; ljdkj e sa fufgr gk s x, Fk;s vkSj] dUs nzh; ljdkj dk ;g lek/kku gk s x;k gS fd ,u-Vh-ih-lh- fyfeVMs ] fo|qr ea=ky; 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s fu;Dq r O;fDr;k sa d s lca /a kk sa e sa mixr lHkh O;;] mDr dEiuh }kjk ogu fd; s tk;xsa s vkSj blh idz kj fufgr mDr Hkfwe e sa ;k ml ij d s vf/kdkj d s fy; s ;k mld s lca /a k e sa lHkh fof/kd dk;Zokfg;k sa ftld s varxZr vihy Hkh gS] dh ckcr~ mixr] lHkh O;; Hkh] blh izdkj mDr ljdkjh dEiuh }kjk ogu fd; s tk,xa ;s ¼3½ ljdkjh dEiuh] dUs nzh; ljdkj ;k mld s ink/kkfj;k sa dh] ,sl s fdlh vU; O;; d s lca /a k e]sa {kfrifwr Z djxs h tk s bl izdkj fufgr mDr Hkfwe e sa ;k ml ij d s vf/kdkjk sa d s ckj s e]sa dUs nzh; ljdkj ;k mld s in/kkfj;k sa }kjk ;k mud s fo:) fdUgh a dk;Zokfg;k sa d s lca /a k e sa vko’;d gk s ; 2093 GI/2015 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] ¼4½ ljdkjh dEiuh dk]s dUs nzh; ljdkj d s iwoZ vuqekns u d s fcuk] mDr Hkfwe dk s fdlh vU; O;fDr dk s varfjr dju s dh ‘kfDr ugh a gkxs h ; vkSj ¼5½ ljdkjh dEiuh] ,sl s funs‘kk sa vkSj ‘krkasZ dk] tk s dUs nzh; ljdkj }kjk] tc dHkh vko’;d gk]s mDr Hkfwe d s fof’k”V {ks=ksa d s fy; s fn, tk, a ;k vf/kjkfsir dh tk,] ikyu djxs hA [Qk-l-a 43015@02@2011&ihvkjvkbZMCY;&w I@[kMa &II ] vkj- ih- xqIrk] l;a qDr lfpo 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.

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