Date: 2014-07-11Category: Extra OrdinaryState: Union GovernmentCountry: India
The Central Govt. hereby directs, that the said lands and rights in or over the said lands so vested shall, with effect from the 13th March, 2014, instead of continuing to so vest in the Central Government, shall vest in the Govt. Company, subject to the following terms and conditions.
Executive Summary:
This notification, issued by the Ministry of Coal, concerns land acquired under the Coal Bearing Areas Acquisition and Development Act of 1957. Effective March 13, 2014, the rights to the specified land, previously vested in the Central Government, are now transferred to Mahanadi Coalfields Limited (a Government Company). This transfer is subject to specific terms and conditions outlined in the notification.
Key Points / Main Content:
Transfer of Land Rights:
* Land rights previously held by the Central Government now vest in Mahanadi Coalfields Limited (MCL) from March 13, 2014.
Financial Responsibilities of the Government Company:
* MCL must reimburse the Central Government for all compensation, interest, and damages related to the land acquisition.
* MCL will bear all expenses related to the Tribunal constituted under Section 14 of the Act.
* MCL is responsible for all costs associated with legal proceedings concerning the land rights.
* MCL shall indemnify the Central Government against any expenditure regarding the rights in or over the vested lands.
Restrictions and Obligations of the Government Company:
* MCL cannot transfer the land rights to any other party without the Central Government's prior approval.
* MCL must adhere to any directions and conditions issued by the Central Government regarding specific areas of the land.
Impact Analysis:
Central Government:
* Impact: Transfers land rights to MCL but retains oversight and approval authority. Receives reimbursement for expenses. Indemnified against related expenditures.
* Action Required: Ensure reimbursement from MCL, provide necessary approvals for land transfers, and issue directions/conditions as needed.
Mahanadi Coalfields Limited (Government Company):
* Impact: Acquires land rights for coalfield development, subject to specific financial and operational conditions.
* Action Required: Comply with all financial obligations (reimbursement, expenses), seek Central Government approval for land transfers, and adhere to any directives issued by the Central Government.
Tribunal:
* Impact: Responsible for determining payable amounts to the Central Government by the Government Company.
* Action Required: Execute duties in accordance with Section 14 of the Act.
Key Entities Referenced
Coal Bearing Areas Acquisition and Development Act, 1957: A law enacted in 1957 by the government of India, related to acquisition and development of coal bearing areas.
Ministry of Coal: The Indian government ministry responsible for coal and lignite exploration and development.
Mahanadi Coalfields Limited: A government company to which rights over land are being transferred.
Sambalpur, Odisha: District in the state of Odisha, India, where Mahanadi Coalfields Limited is located.
Central Government: The government of India.
New Delhi: The location where the notification was issued.
Vivek Bharadwaj: Joint Secretary in the Ministry of Coal, signatory of the notification.
Gazette of India: The official journal of the government of India, publishing official rules and notifications.
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MINISTRY OF COAL
NOTIFICATION
New Delhi, the 10th July, 2014
S. O. 1821(E).—Whereas on the publication of the notification of the Government of India in the Ministry of
Coal number S.O. 753(E), dated the 11th March, 2014, published in the Gazette of India, Extraordinary, Part II, section
3, sub-section (ii), dated the 13th 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 the rights
in or over the 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 Mahanadi Coalfields Limited, District Sambalpur,
Odisha (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 Coal Bearing Areas
(Acquisition and Development) Act, 1957, the Central Government hereby directs, that the said lands and rights in or
over the said lands so vested shall, with effect from the 13th 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 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 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 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 officers against any other
expenditure that may be necessary in connection with any proceedings by or against the Central Government or
its officers, 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 direction 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. 43015/28/2010-PRIW-I]
VIVEK BHARADWAJ, 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.