**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
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. 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- 1860] ubZ fnYyh] शु(cid:3)okj] tqykbZ 22] 2016@vk"kk<+ 31] 1938
No. 1860] NEW DELHI, FRIDAY, JULY 22, 2016/ ASADHA 31 , 1938
ddddkkkk;;ss;;ss yyyykkkk eeeea=a=a=a=kkkkyyyy;;;;
vvvvkkkknnnn’’ss’’ss kkkk
ubZ fnYyh] 21 tqykbZ] 2016
ddddkkkk----vvvvkkkk---- 2222555511115555¼¼¼¼vvvv½½½½----&&&&dk;s yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ ftl s ble sa bld s i’pkr~
mDr vf/kfu;e dgk x;k gS½ dh /kkjk 9 dh mi&/kkjk ¼1½ d s v/khu tkjh] Hkkjr d s jkti=] Hkkx II] [kMa 3] mi&[kMa ¼ii½a]
rkjh[k 23 ebZ] 2016 e sa izdkf’kr Hkkjr ljdkj d s dk;s yk ea=ky; dh vf/klpw uk l[a ;kda dk- vk- 1852¼v½] rkjh[k 20 ebZ]
2016 d s izdk’ku ij] mDr vf/klpw uk l s mikc) vuqlpw h esa of.kZr Hkfwe ¼ftl s ble sa bld s i’pkr ~ mDr “fwe dgk x;k gS½
vkSj Hkfwe e sa ;k ml ij d s Hk&w lrg vf/kdkj] mDr vf/kfu;e dh /kkjk 10 dh mi/kkjk ¼1½ d s v/khu] lHkh foYyxa ek sa l s eDq r
gkds j] vkR;akfrd :i l s dUs nzh; ljdkj e sa fufgr gk s x, Fk(s
vkSj] dUs nzh; ljdkj dk s ;g lek/kku gk s x;k gS fd lkmFk bZLVuZ dkys QhYM~l fyfeVMs ] lhir jkMs ] Mkd?kj l[a ;k
60] ftyk&fcykliqj&495006 ¼NRrhlx<½+ ¼ftl s ble sa bld s i’pkr ~ mDr ljdkjh dEiuh dgk x;k gS½] ,sl s fuc/a kuk sa vkSj
’krkasZ dk tk s dUs nzh; ljdkj bl fufeRr vf/kjkfsir djuk mfpr le>]s vuqikyu dju s d s fy; s rS;kj gS(
vr%] vc] dUs nzh; ljdkj] mDr vf/kfu;e dh /kkjk 11 dh mi/kkjk ¼1½ }kjk iznRr ’kfDr;k sa dk iz;kxs djr s gq,] ;g
fun’s k nsrh gS fd bl idz kj fufgr mDr 25-858 gDs Vj ¼yxHkx½ ;k 63-90 ,dM + ¼yxHkx½ Hkfwe vkSj ml ij d s Hk&w lrg
vf/kdkj] rkjh[k 23 ebZ] 2016 l s dUs nzh; ljdkj e sa bl izdkj fufgr cu s jgu s dh ctk;] fuEufyf[kr fuc/a kuk sa vkSj ’krkasZ d s
v/khu jgr s gq,] mDr ljdkjh dEiuh e sa fufgr gk s tk,xa ]s vFkkZr~ %&
1- ljdkjh dEiuh] mDr vf/kfu;e d s mic/a kk sa d s v/khu ;Fkk vo/kkfjr izfrdj] C;kt] udq lkfu;k sa vkSj oSlh gh enk sa dh
ckcr~ fd, x, lHkh lna k;k sa dh dUs nzh; ljdkj dk s ifzrifwrZ djxs h;
2- mDr ljdkjh dEiuh }kjk ’kr Z ¼1½ d s v/khu] dUs nzh; ljdkj dk s lna ;s jdek sa dk vo/kkj.k dju s d s iz;kts u d s fy; s
mDr vf/kfu;e dh /kkjk 14 d s v/khu ,d vf/kdj.k dk xBu fd;k tk,xk rFkk ,sl s fdlh vf/kdj.k vkSj ,sl s vf/kdj.k dh
lgk;rk dju s d s fy; s fu;qDr O;fDr;k sa d s lca /a kk sa e sa mixr lHkh O;;] ljdkjh dEiuh }kjk ogu fd; s tk,xa s vkSj bl izdkj
fufgr mDr Hkfwe e sa ;k ml ij d s vf/kdkjk sa d s fy; s ;k mld s lca /a k e sa lHkh fof/kd dk;Zokfg;k sa ftld s varxZr vihy Hkh gS]
dh ckcr mixr] lHkh O;; Hkh] blh idz kj mDr ljdkjh dEiuh }kjk ogu fd; s tk,xa s ;
3703 GI/2016 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
3- ljdkjh dEiuh] dUs nzh; ljdkj ;k mld s in/kkfj;k sa dh] ,sl s fdlh vU; O;; d s lca /a k e]sa {kfrifwrZ djxs h tk s bl
izdkj fufgr mDr Hkfwe esa ;k ml ij d s vf/kdkjk sa d s ckj s es]a dUs nzh; ljdkj ;k mld s in/kkfj;k sa }kjk ;k muds fo:) fdUgha
dk;Zokfg;k sa d s lca /a k e sa vko’;d gk;s
4- ljdkjh dEiuh dk]s dUs nzh; ljdkj d s iwoZ vuqekns u d s fcuk] mDr Hkfwe vkSj mld s vf/kdkj dk s fdlh vU; O;fDr
dk s varfjr dju s dh ’kfDr ugh a gkxs h; vkSj
5- ljdkjh dEiuh] ,sl s fun’s kk sa vkSj ’krksZ a dk] tk s dUs nzh; ljdkj }kjk] tc dHkh vko’;d gk]s mDr Hkfwe d s fof’k"V
{ks=k sa d s fy; s fn, tk, a ;k vf/kjkfsir dh tk,a] ikyu djxs hA
[Qk- la- 43015@02@2015&ihvkjvkbZMCY;-w I]
vkj-ih-xIqrk] l;a qDr lfpo
MINISTRY OF COAL
ORDER
New Delhi, the 21st July, 2016
S.O. 2515(E).—Whereas on the publication of the notification of the Government of India in the Ministry of
Coal, number S.O. 1852(E), dated the 20th May, 2016 published in the Gazette of India, Part II, Section 3, Sub-section
(ii), dated the 23rd May, 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 lands and surface rights in or over the
said 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, P. 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.