Home India Ministry of Coal Whereas on the publication of the notification of the Govern...
Date: 2016-02-04 Category: Extra Ordinary State: Union Government Country: India

Whereas on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 3026E, dated the 9th November, 2015 published in the Gazette of India, Part II, Section 3, Sub-section

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 rights related to coal-bearing areas in South Eastern Coalfields Limited (SECL). It follows a prior notification (S.O. 3026(E)) dated November 9, 2015, regarding land acquisition. The vesting is effective from November 9, 2015, and is subject to specific terms and conditions outlined in the notification. Key Points / Main Content: Vesting of Land and Rights: * Land described in notification S.O. 3026(E), dated November 9, 2015, and all rights pertaining to it, are vested in SECL. * This vesting transfers the rights from the Central Government to SECL. * The vesting is effective from November 9, 2015. Financial Obligations of SECL: * SECL must reimburse the Central Government for all compensation, interest, damages, and similar payments related to the land acquisition, as determined under the Coal Bearing Areas Acquisition and Development Act, 1957. * SECL is responsible for all expenses related to the Tribunal constituted to determine payable amounts, including the costs of individuals assisting the Tribunal. * SECL will bear all costs related to legal proceedings, including appeals, concerning the vested land and rights. * SECL shall indemnify the Central Government for any expenditure that may be necessary regarding the rights in or over the said lands. Restrictions and Conditions: * SECL cannot transfer the land and associated rights to any other party without prior approval from the Central Government. * SECL must adhere to any directions and conditions issued by the Central Government regarding specific areas of the land, as needed. Impact Analysis: Central Government: * Impact: Transfers land rights to SECL but retains oversight and approval authority. * Action Required: Ensure SECL complies with all terms and conditions, including financial reimbursements and restrictions on land transfer. Issue directions and conditions for specific land areas as necessary. South Eastern Coalfields Limited (SECL): * Impact: Receives vested land and rights for coal development but assumes financial and operational obligations. * Action Required: Comply with all terms and conditions, including reimbursing the Central Government, bearing legal expenses, and seeking approval for land transfers. Adhere to any specific directions issued by the Central Government for particular areas of the land.

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 coal and mining related policies and regulations. South Eastern Coalfields Limited: A government-owned coal mining company that will have the land vested in it. Bilaspur, Chhattisgarh: The district in which South Eastern Coalfields Limited is located. Pin code - 495006 Central Government: The Union Government of India, which initially held the rights to the land and is now transferring them to South Eastern Coalfields Limited. New Delhi: Location where notification was issued. R. P. Gupta: Joint Secretary of the Ministry of Coal. Gazette of India: Official government journal where the notification was published.
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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- 318] ubZ fnYyh] c`gLifrokj] iQjojh 4] 2016@ek?k 15] 1937 No. 318] NEW DELHI, THURSDAY, FEBRUARY 4, 2016/ MAGHA 15 , 1937 dks;yk ea=ky; vf/klwpuk ubZ fnYyh] 3 Qjojh] 2016 dk-vk- 366¼v½.—dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i’pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 9 dh mi/kkjk ¼1½ ds v/khu tkjh] Hkkjr ds jkti=] Hkkx AA] [kaM 3] mi&[kaM ¼iia½] rkjh[k 9 uoEcj] 2015 esa izdkf’kr Hkkjr ljdkj ds dks;yk e=a ky; dh vf/klwpuk la[;kad dk- vk- 3026¼v½] rkjh[k 9 uoEcj] 2015 ds izdk’ku ij] mDr vf/klwpuk ls layXu vuqlwph esa of.kZr Hkwfe ¼ftls blesa blds i’pkr mDr “wfe dgk x;k gS½ vkSj Hkwfe esa ;k ml ij ds lHkh vf/kdkj] mDr vf/kfu;e dh /kkjk 10 dh mi/kkjk ¼a1½ ds v/khu] lHkh foYyaxeksa ls eqDr gksdj] vkR;akfrd :i ls dsUnzh; ljdkj esa fufgr gks x, Fks( vkSj] dsUnzh; ljdkj dk ;g lek/kku gks x;k gS fd lkmFk bZLVuZ dksyQhYM~l fyfeVsM] lhir jksM] Mkd?kj la[;k 60] ftyk& fcykliqj&495006 ¼ftls blesa blds i’pkr~ mDr ljdkjh dEiuh dgk x;k gS½] ,sls fuca/kuksa vkSj ’krksZa dk] tks dsUnzh; ljdkj bl fufeRr vf/kjksfir djuk mfpr le>s] vuqikyu djus ds fy;s jtkean gS( vr%] vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 11 dh mi/kkjk ¼1½ }kjk iznRr ’kfDr;ksa dk iz;ksx djrs gq,] ;g funs’k nsrh gS fd bl izdkj fufgr mDr Hkwfe vkSj mDr Hkwfe esa ;k ml ij ds vf/kdkj] rkjh[k 9 uoEcj] 2015 ls dsUnzh; ljdkj esa bl izdkj fufgr cus jgus dh ctk,] fuEufyf[kr fuca/kuksa vkSj ’krkasZ ds v/khu jgrs gq,] mDr ljdkjh dEiuh esa fufgr gks tk,axs] vFkkZr~ %& 1- ljdkjh dEiuh] mDr vf/kfu;e ds mica/kksa ds v/khu ;Fkk vo/kkfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh ckcr~ fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh A 2- ljdkjh dEiuh }kjk ’krZ ¼1½ ds v/khu] dsUnzh; ljdkj dks lans; jdeksa dk vo/kkj.k djus ds iz;kstu ds fy;s mDr vf/kfu;e dh /kkjk 14 ds v/khu ,d vf/kdj.k dk xBu fd;k tk,xk rFkk ,sls fdlh vf/kdj.k vkSj ,sls vf/kdj.k dh lgk;rk djus ds fy;s fu;qDr O;fDr;ksa ds laca/kkas esa mixr lHkh O;;] ljdkjh dEiuh }kjk ogu fd;s tk;saxs vkSj bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vf/kdkjksa ds fy;s ;k mlds laca/k esa lHkh fof/kd dk;Zokfg;ksa ftlds varxZr vihy Hkh gS] dh ckcr mixr] lHkh O;; Hkh] mDr ljdkjh dEiuh }kjk ogu fd;s tk;saxs A 3- ljdkjh dEiuh] dsUnzh; ljdkj ;k mlds ink/kkfj;ksa dh] ,sls fdlh vU; O;; ds laca/k esa {kfriwfrZ djsxh] tks bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vf/kdkjksa ds ckjs esa] dsUnzh; ljdkj ;k mlds in/kkfj;ksa }kjk ;k muds fo:) fdUgha dk;Zokfg;ksa ds laca/k esa vko’;d gks A 4- ljdkjh dEiuh dks] dsUnzh; ljdkj ds iow Z vuqeksnu ds fcuk] mDr Hkwfe vkSj mlds vf/kdkj dks fdlh vU; O;fDr dks varfjr djus dh “kfDr ugha gksxh A 575 GI/2016 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 5- ljdkjh dEiuh] ,sls funs’kksa vkSj ’krksZa dk] tks dsUnzh; ljdkj }kjk] tc dHkh vko’;d gks] mDr Hkwfe ds fof’k"V {ks=ksa ds fy;s fn, tk,a ;k vf/kjksfir dh tk,] ikyu djsxhA [Qk- la- 43015@27@2010&ihvkjvkbZMCY;w&I] vkj- ih- xqIrk] la;qDr lfpo MINISTRY OF COAL NOTIFICATION New Delhi, the 3rd February, 2016 S.O. 366(E).—Whereas on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 3026(E), dated the 9th November, 2015 published in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 9th November, 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 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 South Eastern Coalfields Limited, Seepat Road, Post Box number 60, District-Bilaspur-495006 (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 rights in or over the said lands so vested shall with effect from the 9th November, 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 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, including appeals, for or in connection with the rights in or over the said lands, 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 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. 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/ 27/ 2010 – 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.

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