Executive Summary:
This document, an order from the Ministry of Coal, directs that rights to approximately 290.101 hectares of land, previously vested in the Central Government, will 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. The order references notification S.O. 1851(E) dated May 20, 2016.
Key Points / Main Content:
Transfer of Land Rights:
Land Vesting: Rights to approximately 290.101 hectares (716.84 acres) of land, previously vested in the Central Government, now vest in South Eastern Coalfields Limited (SECL).
Effective Date: The transfer of rights is effective from May 23, 2016.
Financial Responsibilities of SECL:
Reimbursement: SECL must reimburse the Central Government for all payments related to compensation, interest, damages, and similar expenses as determined under the Coal Bearing Areas Acquisition and Development Act, 1957.
Tribunal Costs: SECL will bear all expenses related to the constitution and operation of a tribunal under Section 14 of the Act, which will determine the amounts payable to the Central Government.
Legal Costs: SECL is responsible for all legal proceedings expenses, including appeals, related to the land rights.
Indemnification: SECL must indemnify the Central Government and its officials against any expenditure related to proceedings regarding the vested land rights.
Restrictions and Conditions:
Transfer Restriction: SECL cannot transfer the land and its rights to any other party without the Central Government's prior approval.
Compliance: SECL must comply with any directions and conditions given or imposed by the Central Government for specific areas of the land, as and when necessary.
Impact Analysis:
South Eastern Coalfields Limited (SECL):
Impact: SECL gains rights to approximately 290.101 hectares of land but assumes significant financial and operational responsibilities.
Action Required: SECL must reimburse the Central Government for prior expenses, bear all tribunal and legal costs, indemnify the Central Government, seek approval for land transfers, and comply with any future directives from the Central Government.
Central Government:
Impact: The Central Government transfers land rights to SECL but retains oversight and financial security through reimbursement and indemnification provisions.
Action Required: The Central Government must ensure SECL complies with all terms and conditions, including financial obligations and transfer restrictions, and provide directions as necessary.
Key Entities Referenced
R. P. Gupta: Joint Secretary in the Ministry of Coal.
Coal Bearing Areas Acquisition and Development Act, 1957: A law that provides for the acquisition of land containing or likely to contain coal deposits and for matters connected therewith.
Ministry of Coal: The Indian government ministry responsible for the exploration and development of coal and lignite reserves in India.
South Eastern Coalfields Limited: A government-owned coal mining company that is a subsidiary of Coal India Limited. It is being vested with the rights to the land.
Bilaspur, Chhattisgarh: The district in Chhattisgarh where South Eastern Coalfields Limited is located.
Section 9 of the Coal Bearing Areas Acquisition and Development Act, 1957: The section of the Act that relates to the government's power to acquire land for coal mining purposes.
Section 10 of the Coal Bearing Areas Acquisition and Development Act, 1957: The section of the Act concerning the vesting of land in the Central Government free from encumbrances.
Section 11 of the Coal Bearing Areas Acquisition and Development Act, 1957: The section of the Act that deals with the transfer of rights to a government company.
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MINISTRY OF COAL
ORDER
New Delhi, the 22nd July, 2016
S.O. 2545(E).—Whereas on the publication of the notification of the Government of India in the Ministry of
Coal, number S.O. 1851(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 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, Chhattisgarh (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 all the rights of 290.101 hectares (approximately) or 716.84 acres
(approximately), 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 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; 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/ 13/ 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.