Home India Ministry of Coal Whereas on the publication of the notification of the Govern...
Date: 2016-07-22 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 SO 1852

Issued by Ministry of Coal · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** This document, issued by the Ministry of Coal, directs that land measuring approximately 25.858 hectares, along with surface rights, previously vested in the Central Government, shall now vest in South Eastern Coalfields Limited (SECL) effective May 23, 2016. This transfer is subject to specific terms and conditions outlined in the order, including financial responsibilities and operational restrictions for SECL. The order is issued under Section 11 of the Coal Bearing Areas Acquisition and Development Act, 1957. **Key Points / Main Content:** * **Land Vesting:** * Approximately 25.858 hectares of land and associated surface rights, previously vested in the Central Government, will now vest in South Eastern Coalfields Limited (SECL). * The effective date for this transfer is May 23, 2016. * **Financial Responsibilities of SECL:** * SECL must reimburse the Central Government for all payments related to compensation, interest, and damages, as determined under the Coal Bearing Areas Acquisition and Development Act, 1957. * SECL will bear all expenses related to the Tribunal constituted under Section 14 of the Act, including the costs of the Tribunal's operation and any individuals assisting it. * SECL is responsible for all costs associated with legal proceedings, including appeals, related to the rights in or over the vested lands. * SECL shall indemnify the Central Government and its officials against any expenditure related to proceedings regarding the rights in or over the vested lands. * **Operational Restrictions on SECL:** * SECL cannot transfer the vested lands and rights to any other party without the Central Government's prior approval. * SECL must comply with any directions and conditions imposed by the Central Government regarding specific areas of the vested lands, as deemed necessary. **Impact Analysis:** **Central Government:** * *Impact:* Transfers responsibility for the land to SECL but retains oversight through financial reimbursement, approval of land transfers, and the ability to impose operational conditions. * *Action Required:* Ensure SECL adheres to the terms and conditions outlined in the order, including financial reimbursements and operational restrictions. **South Eastern Coalfields Limited (SECL):** * *Impact:* Gains control over the land and surface rights for coal mining operations, subject to specific financial and operational conditions. * *Action Required:* Fulfill all financial obligations to the Central Government, seek prior approval for land transfers, and comply with any directives or conditions imposed by the Central Government. **Other potentially impacted stakeholders (not direct parties of the agreement):** * *Impact:* Third-party companies or individuals who were hoping to acquire land rights or resources. * *Action Required:* Third-party companies or individuals hoping to acquire land rights or resources from SECL should inquire to the Central Government.

Key Entities Referenced

Coal Bearing Areas Acquisition and Development Act, 1957: A law under which the land acquisition was carried out. Ministry of Coal: The Government ministry issuing the notification. New Delhi: Location where order was issued. South Eastern Coalfields Limited: The Government Company to which the land rights are being transferred. Bilaspur, Chhattisgarh: District where South Eastern Coalfields Limited is located. Central Government: The governing body that previously held the land rights. Government of India: The government publishing the notification. R. P. Gupta: Joint Secretary, Ministry of Coal
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B. No. 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 lands measuring 25.858 hectares (approximately) or 63.90 acres (approximately) as surface rights in or over the said lands so vested shall with effect from the 23rd May, 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 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 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; 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/ 02/ 2015-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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