Date: 2015-06-05Category: Extra OrdinaryState: Union GovernmentCountry: 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.
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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MINISTRY OF COAL
NOTIFICATION
New Delhi, the 2nd June, 2015
S.O. 1503(E).—Whereas on the publication of the notification of the Government of India in the
Ministry of Coal, number S.O. 769(E), dated the 13th March, 2015, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (ii), dated the 16th March, 2015, 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 lands and the all rights in or over the said lands 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 Bharat Coking Coal Limited, Koyla
Bhawan, Koyla Nagar, Dhanbad-826005 (Jharkhand) (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 powers conferred by sub-section (1) of Section 11 of the said Act,
the Central Government 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 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 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.