Home India Ministry of Coal Whereas on the publication of the notification of the Govern...
Date: 2016-07-27 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

Issued by Ministry of Coal · Not Applicable

Research with AI Agent Chat with Document Generate Summary Translate Helpful Share Add to Project Create Task

Executive Summary & Key Takeaways

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.
Official Source Record View Original Source →
See Full Document Text
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- 1885] ubZ fnYyh] cq/okj] tqykbZ 27] 2016@Jko.k 5]1938 No. 1885] NEW DELHI, WEDNESDAY, JULY 27, 2016/SRAVANA 5, 1938 ddddkkkk;;ss;;ss yyyykkkk eeeea=a=a=a=kkkkyyyy;;;; vvvvkkkknnnn’’ss’’ss kkkk ubZ fnYyh] 22 tqykbZ] 2016 ddddkkkk----vvvvkkkk---- 2222555544445555¼¼¼¼vvvv½½½½----&&&&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 ¼AAa ½a] 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- 1851¼v½] rkjh[k 20 ebZ] 2016 d s izdk’ku ij] mDr vf/klpw uk l s lya Xu vuqlpw h e sa 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 lHkh vf/kdkj] mDr vf/kfu;e dh /kkjk 10 dh mi/kkjk ¼1a ½ d s v/khu] lHkh foYyxa ek sa l s eqDr 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 ’krksZ a dk tk s dUs nzh; ljdkj bl fufeRr vf/kjkfsir djuk mfpr le>]s vuiq kyu 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 izdkj fufgr mDr 290-101 gDs Vj ¼yxHkx½ ;k 716-84 ,dM + ¼yxHkx½ Hkfwe vkSj ml ij d s lHkh 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 %& ¼1½ ljdkjh dEiuh] mDr vf/kfu;e d s mic/a kk sa d s v/khu ;Fkk vo/kkfjr ifzrdj] C;kt] uqdlkfu;k sa vkSj oSlh gh enk sa dh ckcr~ fd, x, lHkh lna k;k sa dh dUs nzh; ljdkj dk s ifzrifwr Z djxs h; ¼2½ ljdkjh dEiuh }kjk ’krZ 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 esa mixr lHkh O;;] ljdkjh dEiuh }kjk ogu fd; s tk;xsa 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 izdkj mDr ljdkjh dEiuh }kjk ogu fd; s tk;xsa ;s 3757 GI/2016 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] ¼3½ ljdkjh dEiuh] dUs nzh; ljdkj ;k mld s ink/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 e sa ;k ml ij d s vf/kdkjk sa d s ckj s e]sa dUs nzh; ljdkj ;k mld s in/kkfj;k sa }kjk ;k mud s fo#) fdUgh a dk;Zokfg;k sa d s lca /a k e sa vko’;d gk;s ¼4½ 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 ¼5½ 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,] ikyu djxs hA [Qk- l-a 43015@13@2014&ihvkjvkbMZ CY;&w I] vkj- ih- xIqrk] l;a qDr lfpo 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.

Continue your research