Date: 2016-07-22Category: Extra OrdinaryState: Union GovernmentCountry: India
Whereas on the publication of the notification of the Government of India in the Ministry of Coal number S O 1147 E dated the 14th March 2016 published in the Gazette of India
Executive Summary:
This order, issued by the Ministry of Coal, concerns the vesting of land rights acquired under the Coal Bearing Areas Acquisition and Development Act of 1957. Effective from March 17, 2016, rights previously vested in the Central Government will now vest in Central Coalfields Limited (CCL), subject to specific terms and conditions. The order outlines the responsibilities of CCL regarding compensation, expenditure, and adherence to governmental directives.
Key Points / Main Content:
Vesting of Land Rights:
* Land rights described in notification S.O. 1147 (E), dated March 14, 2016, which were previously vested in the Central Government, will now vest in Central Coalfields Limited (CCL).
* This transfer is effective from March 17, 2016.
CCL Responsibilities:
* CCL must reimburse the Central Government for all payments related to compensation, interest, and damages as determined under the Act.
* CCL is responsible for all expenses related to the Tribunal constituted under Section 14 of the Act and any personnel assisting the tribunal.
* CCL is responsible for all expenses related to legal proceedings, including appeals, connected to the vested land rights.
* CCL must indemnify the Central Government and its officials against any expenditure from proceedings related to the vested land rights.
Restrictions on CCL:
* CCL cannot transfer the vested land rights to any other party without prior approval from the Central Government.
* CCL must comply with any directions and conditions imposed by the Central Government regarding specific areas of the land, as needed.
Impact Analysis:
Central Coalfields Limited (CCL):
Impact: CCL gains control over the land rights but assumes significant financial and legal responsibilities related to compensation, legal proceedings, and adherence to governmental directives.
Action Required: CCL must ensure compliance with all terms and conditions, including reimbursement of payments, management of legal proceedings, and obtaining necessary approvals for land rights transfers.
Central Government:
Impact: The Central Government transfers land rights to CCL but retains oversight through conditions and the need for prior approval for transfers, ensuring continued control and indemnification against expenses.
Action Required: The Central Government must oversee CCL's compliance with the terms and conditions, provide necessary directions, and ensure indemnification.
Landowners/Affected Parties:
Impact: Landowners are entitled to compensation, interest, and damages as determined under the Act, which CCL must reimburse to the Central Government.
Key Entities Referenced
Coal Bearing Areas Acquisition and Development Act, 1957: A law enacted in 1957 by the Government of India concerning the acquisition and development of coal-bearing areas.
Ministry of Coal: The government ministry responsible for the coal sector in India, issuing the order related to land acquisition.
New Delhi: Capital of India where the Ministry of Coal order was issued.
Central Government: The Government of India, which holds rights to the land and transfers them to the Government Company.
Central Coalfields Limited, Ranchi, Jharkhand: A government-owned coal mining company (referred to as 'Government Company') based in Ranchi, Jharkhand, to which land rights are being transferred.
Section 9 of the Coal Bearing Areas Acquisition and Development Act, 1957: The specific section of the Act under which the initial notification for land acquisition was issued.
Section 10 of the Coal Bearing Areas Acquisition and Development Act, 1957: The specific section of the Act related to vesting of land in the Central Government.
Section 11 of the Coal Bearing Areas Acquisition and Development Act, 1957: The specific section of the Act under which the Central Government directs the vesting of land rights in the Government Company (Central Coalfields Limited).
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MINISTRY OF COAL
ORDER
New Delhi, the 21st July, 2016
S.O. 2516(E).— Whereas on the publication of the notification of the Government of India in the Ministry of
Coal, number S.O. 1147 (E), dated the 14th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-Section (ii), dated the 17th March, 2016, 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
and over the land described in the Schedule appended to the said notification (hereinafter referred to as the said land) are
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 Central Coalfields Limited, Ranchi, Jharkhand
(hereinafter referred to as the Government Company) is willing to comply with such terms and conditions as the Central
Government may think 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 all rights in or over the said land so vested, shall, with effect from 17th March, 2016,
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 said 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
said Government Company and similarly, all expenditure incurred in respect of all legal proceedings like appeals,
etc., for or in connection with the rights, in 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 aforesaid rights in the said land so vested;
(4) the Government Company shall have no power to transfer the aforesaid rights in the said lands so vested, to any
other person without the prior approval of the Central Government; and¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 3
(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 land as and when necessary.
[F. No. 43015/2/2014-PRIW-I]
R. P. GUPTA, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.