Home India Ministry of Coal The Central Govt. hereby directs that the said lands and all...
Date: 2015-06-05 Category: Extra Ordinary State: Union Government Country: India

The Central Govt. hereby directs that the said lands and all rights in or over the said lands so vested shall with effect from the 16th March, 2015, 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 Bharat Coking Coal Limited (BCCL) under the Coal Bearing Areas Acquisition and Development Act, 1957. Effective March 16, 2015, the rights, previously vested in the Central Government, will now be transferred to BCCL, subject to specific terms and conditions. The notification outlines financial responsibilities and operational restrictions for BCCL regarding the acquired land. Key Points / Main Content: Land Vesting: - Land and associated rights described in notification S.O. 769(E), dated March 13, 2015, now vest in Bharat Coking Coal Limited (BCCL), effective March 16, 2015. - This transfer is under Section 11(1) of the Coal Bearing Areas Acquisition and Development Act, 1957. Financial Responsibilities of BCCL: - BCCL must reimburse the Central Government for all compensation, interest, and damages related to the land acquisition. - BCCL will bear all expenses related to the Tribunal constituted under Section 14 of the Act, including costs for personnel assisting the Tribunal. - BCCL is responsible for all expenses related to legal proceedings, including appeals, concerning the vested land rights. - BCCL shall indemnify the Central Government and its officials against any expenditure related to proceedings regarding the vested land rights. Operational Restrictions on BCCL: - BCCL cannot transfer the land and rights to any other party without prior approval from the Central Government. - BCCL must comply with any directions and conditions imposed by the Central Government for specific areas of the land. Impact Analysis: Central Government: Impact: Transfers land rights to BCCL but retains oversight and financial responsibility until reimbursement. Action Required: Ensure reimbursement from BCCL for compensation, interest, and damages; provide directions and conditions for land use as necessary. Bharat Coking Coal Limited (BCCL): Impact: Gains control of the land and associated rights but assumes significant financial and operational responsibilities. Action Required: Reimburse the Central Government for expenses, bear all expenses related to the Tribunal and legal proceedings, seek approval for land transfers, and comply with directives from the Central Government.

Key Entities Referenced

Coal Bearing Areas Acquisition and Development Act, 1957: A law enacted in 1957, related to the acquisition and development of coal-bearing areas. This act is central to the policy document as it outlines the legal framework for the acquisition of land and rights related to coal mining. Ministry of Coal: The government ministry responsible for the coal sector. The notification originates from this ministry. Bharat Coking Coal Limited: A government-owned company (referred to as 'Government Company' in the document) to which the rights over the acquired land are being transferred. Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand: The location of the headquarters of Bharat Coking Coal Limited. Section 9: Section 9 of the Coal Bearing Areas Acquisition and Development Act, 1957 which relates to the issuance of notification for acquisition. Section 10: Section 10 of the Coal Bearing Areas Acquisition and Development Act, 1957, concerning the vesting of land in the Central Government. Section 11: Section 11 of the Coal Bearing Areas Acquisition and Development Act, 1957 concerning the power to direct vesting of land in a Government Company. Section 14: Section 14 of the Coal Bearing Areas Acquisition and Development Act, 1957 concerning the constitution of a Tribunal.
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The Government Company shall reimburse to the Central Government all payments made in respect of compensation, interest, damages and the 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 conditions (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 including appeals for or in connection with the rights, in or over the said lands, so vesting, 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 lands so vested; 4. The Government Company shall have no power to transfer the said lands and the rights to any other persons without the prior approval of the Central Government; and 5. The Government Company shall abide by such directions and conditions as may be given or imposed by the Central Government for particular areas of the said lands, as and when necessary. [F. No. 43015/15/2012-PRIW-I] 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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