Coal - Year 1973 - Bare Acts

Coal Mines (Nationalisation) Act, 1973 Complete Act

Title: Coal Mines (Nationalisation) Act, 1973

State: Central

Year: 1973

.....made to the Commissioner Section21 - Priority of claims in relation to arrears of providend fund, etc Section22 - Priority in relation to other claims Section23 - Admission or rejection of claims Section23A - Application of sections 5 and 12 of the Limitation Act Section24 - Disbursement of money by the Commissioner to claimants Section24A - Interest on admitted claims Section25 - Recovery of excess payments made by Central Government or Custodian Section25A - Notice to owners of coal mines and managing contractors, etc Section26 - Disbursement of amounts to the owners of coal mines Section27 - Undisbursed or unclaimed amounts to be deposited to the general revenue account Chapter VII Section28 - Effect of this Act on other laws Section29 - Contracts to cease to have effect unless ratified by Government Section30 - Penalties Section31 - Offences by companies Section32 - Mining companies not to be wound up by the Court Section33 - Delegation of powers, Section34 - Power to make rules Section35 - Power to remove difficulties ScheduleI - SCHEDULE

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Coal Mines Taking over of Management Act 1973 Complete Act

Title: Coal Mines Taking over of Management Act 1973

State: Central

Year: 1973

Preamble1 - COAL MINES TAKING OVER OF MANAGEMENT ACT, 1973 Chapter I Section1 - Short title and commencement Section2 - Definitions Chapter II Section3 - Management of coal mines to vest in the Central Government on the appointed day Section4 - Contract regarding management of coal mines to be deemed to have terminated on the appointed day Section5 - Management of coal mines pending the appointment of Custodian Section6 - Power of Central Government to appoint Custodian Section7 - Payment of amount Chapter III Section8 - Penalties Section9 - Offences by companies Section10 - Mining companies not to be wound up by Court Section11 - Exclusion of period of operation of Act in computing period of limitation Section12 - Effect of Act on other laws Section13 - Delegation of powers Section14 - Protection of action taken in good faith Section15 - Contracts, etc., in bad faith or detrimental may be cancelled or varied Section16 - Power to terminate contract of employment Section17 - Power to make rules Section18 - Coal mines to which this Act shall not apply Section19 - Power to remove difficulties Section20 - Repeal and saving ScheduleI - SCHEDULE

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Coal Mines Taking over of Management Act 1973 Chapter II

Title: Management of Coal Mines

State: Central

Year: 1973

.....the words "appointed day", wherever they occur, the words, brackets and figures "date of the declaration made by the Central Government under sub-section (2) of section 3" shall be substituted. (3) If any error or omission is notified in the Schedule in relation to the name or address of the owner of a coal mine, the owner of such mine shall, within thirty days from the date on which this Act receives the assent of the President, bring such error or omission to the notice of the Central Government. (4) If, after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coal mine included, or deemed to be included, in the Schedule or the name and address of the owner of any such coal mine, it may, by notified order, correct such error, omission or misdescription, and on the issue of such notified order the relevant entries in the Schedule shall stand corrected accordingly: Provided that no such correction in relation to ownership of a coal mine shall be made where such ownership is in dispute. (5) Every person in charge,.....

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Coal Mines (Nationalisation) Act, 1973 Chapter II

Title: Acquisition of the Rights of Owners of Coal Mines

State: Central

Year: 1973

.....been omitted with effect from 1-6-1973 by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 11 (1)(a). The omission of sub-section (2) of section 3 of the Coal Mines Act by clause (a) of sub-section (1) of this section shall not affect the previous operation of the provisions of the said sub-section (2) or anything duly done or suffered under. 2. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976). 3. Sub-section (3) substituted by the Coal Mines(Nationalisation) Amendment Act,1993(47 of 1993) w.e.f. 09.06.1993.Prior to substitution it read as under: "(iii) a company engaged in the production of iron and steel, shall carry on coal mining operation, in India, in any form" 4. Words and figures, "notwithstanding anything contained in sub-section (2), or in the proviso to sub-section (2) of section 3 of the Coal Mines (Taking Over of Management) Act, 1973", omitted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976), Section. 11(1)(b) (w.r.e.f. 1-5-1973). 5. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 11(1)(c).....

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Coal Mines (Nationalisation) Act, 1973 Section 26

Title: Disbursement of Amounts to the Owners of Coal Mines

State: Central

Year: 1973

.....in the fifth column of the Schedule is relatable to a group of coal mines, the Commissioner shall have power to apportion such amount among the owners of such group, and in making such apportionment, the Commissioner shall have regard to the highest annual production in the coal mine during the three years immediately preceding the appointed day.] Explanation.- In this section "court", in relation to a coal mine, means the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the coal mine is situated. ________________________ 1 . Inserted by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 18 (w.r.e.f. 1-5-1973).

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Coal Mines Taking over of Management Act 1973 Section 5

Title: Management of Coal Mines Pending the Appointment of Custodian

State: Central

Year: 1973

..... (c) all registers or other books containing particulars relating to the investment of any monies pertaining to the coal mine including investments on mortgaged properties and all loans granted or advances made. (6) Without prejudice to the generality of the powers confefrerd by sub-section (1) and the provisions contained in sub-section (2), (4) and (5), any directions issued under sub-section (1) may require the persons in charge of the management of a coal mine under this Act to furnish to the Central Government or to the the authorised person such returns, statements and other information relating to the coal mine as may be mentioned in the direction. (7) The persons in charge of the management of the coal mine under this Act shall be entitled to such remuneration, whether by way of allowance or salary or perquisites as the Central Government may fix; and any such person may, by giving one month's notice in writing to the Central Government of his intention so to do, relinquish charge of the management of the coal mine.

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Coal Mines (Nationalisation) Act, 1973 Section 3

Title: Acquisition of Rights of Owners in Respect of Coal Mines

State: Central

Year: 1973

.....been omitted with effect from 1-6-1973 by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 11 (1)(a). The omission of sub-section (2) of section 3 of the Coal Mines Act by clause (a) of sub-section (1) of this section shall not affect the previous operation of the provisions of the said sub-section (2) or anything duly done or suffered under. 2. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976). 3. Sub-section (3) substituted by the Coal Mines(Nationalisation) Amendment Act,1993(47 of 1993) w.e.f. 09.06.1993.Prior to substitution it read as under: "(iii) a company engaged in the production of iron and steel, shall carry on coal mining operation, in India, in any form" 4. Words and figures, "notwithstanding anything contained in sub-section (2), or in the proviso to sub-section (2) of section 3 of the Coal Mines (Taking Over of Management) Act, 1973", omitted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976), Section. 11(1)(b) (w.r.e.f. 1-5-1973). 5. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 11(1)(c).....

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Coal Mines Taking over of Management Act 1973 Section 3

Title: Management of Coal Mines to Vest in the Central Government on the Appointed Day

State: Central

Year: 1973

.....the words "appointed day", wherever they occur, the words, brackets and figures "date of the declaration made by the Central Government under sub-section (2) of section 3" shall be substituted. (3) If any error or omission is notified in the Schedule in relation to the name or address of the owner of a coal mine, the owner of such mine shall, within thirty days from the date on which this Act receives the assent of the President, bring such error or omission to the notice of the Central Government. (4) If, after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coal mine included, or deemed to be included, in the Schedule or the name and address of the owner of any such coal mine, it may, by notified order, correct such error, omission or misdescription, and on the issue of such notified order the relevant entries in the Schedule shall stand corrected accordingly: Provided that no such correction in relation to ownership of a coal mine shall be made where such ownership is in dispute. (5) Every person in charge,.....

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Coal Mines (Nationalisation) Act, 1973 Section 10

Title: Income Derived by the Owners of Coal Mines After the Appointed Day to Be Refunded to the Central Government

State: Central

Year: 1973

.....referred to in sub-section (1), any income is found to. have been derived by the owner from the coal mine during the period referred to in that sub-section, such income shall be recoverable by the Central Government from the amount payable under Section 8 to the owner of such coal mine, and the debt due to the Central Government on this account shall rank as an unsecured debt. (3) If no account is rendered by the owner of a coal mine within the period referred to in sub-section (1) or if the Central Government or the Government company has any reason to believe that the account rendered by such owner is incorrect or false in material particulars, the Central Government company may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the coal mine during the period referred to in sub-section (1), and take steps to recover the said income from the amount payable to the owner of the coal mine under Section 8, as if the debt due to the Central Government on this account were an unsecured debt. (4) No mortgage, charge, lien or other incumbrance in relation to a coal mine or any asset thereof shall be binding on.....

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Coal Mines (Nationalisation) Act, 1973 Chapter IV

Title: Management, Etc., of Coal Mines

State: Central

Year: 1973

.....an individual or a Government company as the Custodian of a coal mine in relation to which no direction has been made by it under sub-section (1) of section 5. Section 12 - Duty of persons in charge of management of coal mines to deliver all assets, etc (1) On the vesting of the management of a coal mine in a Government company or on appointment of a Custodian, all persons incharge of the management of such coal mine immediately before such vesting or appointment, shall be bound to deliver to the Government company or the Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the coal mine. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government company or Custodian as to its or his powers and duties and the Government company or Custodian may also, if it or he so desires, apply to the Central Government at any time for instructions as to the manner in which the management of the coal mine shall be conducted by it or him or in relation to any other matter arising in the course of such management. (3) The Custodian shall receive from the.....

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