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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

Coal Mines Taking over of Management Act 1973 Preamble 1

Title: Coal Mines Taking over of Managementact, 1973

State: Central

Year: 1973

THE COAL MINES TAKING OVER OF MANAGEMENT ACT, 1973 [Act, No. 15 of 1973] [31st March, 1973] PREAMBLE An Act to provide for the taking over, in the public interest, of the management of coal mines, pending nationalization of such mines, with a view to ensuring rational and co-ordinated development of coal production and for promoting optimum utilization of the coal resources consistent with the growing requirement of the countary, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:--

Coal Mines (Taking over of Management) Act, 1973 Complete Act

State: Central

Year: 1973

.....take over, or carry on. the management of the coal mine: (e) "Government company "has the mean ing assigned to it bysection 617 of the Companies Act, 1956-: (f) "managing contractor" means inc person, or body of persons, who. with the previous consent in writing of the State Government, has entered into an arrangement, contract or understanding, with the owner of the coal mine under which the operations of the mine are substantially controlled by such person or body of persons: (g) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on. and includes- (i) all borings and bore holes: (ii) all shafts, whether in the course of being sunk or not: (iii) all levels and inclined planes in the course of being driven: (iv) all open cast workings: (v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals of other articles or lor the removal of refuse therefrom: (vi) all lands, buildings, works, adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes.....

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,.....

Coal Mines Taking over of Management Act 1973 Section 6

Title: Power of Central Government to Appoint Custodian

State: Central

Year: 1973

.....control over all the coal mine the management of which is taken over under this Act and on such appointment, every Custodian, appointed under sub-section (1), shall act under the guidance, control and supervision of the Custodian-General. (b) The Central Government may also appoint one or more persons as Additional Custodian-General or Deputy Custodian General for assisting the Custodian-General in the exercise of his powers and duties under this Act and the Custodian-General may delegate all or such of his powers, as he may think fit, to the Additional Custodian-General or Deputy Custodian-General. (c) Every Additional Custodian-General or Deputy Custodian-General shall exercise the powers delegated to him under the control and supervision of the Custodian-General: Provided that where a Government company has been appointed as the Custodian in relation to a coal mine, no Custodian-General, Additional Custodian-General or Deputy Custodian-General shall exercise any powers of supervision or control in regard to such coal mine. (3) On the appointment of a Custodian under sub-section (1), the charge of management of the coal mine shall vest in him and all persons in.....

Coal Mines Taking over of Management Act 1973 Chapter I

Title: Preliminary

State: Central

Year: 1973

.....to the owner of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on; (xi) all lands and buildings [other than those referred to in sub-clause (x)] wherever situated and solely used for the location of the management, sale or liaison offices, or for the residence of officers and staff, of the mine; (xii) all other assets, movable and immovable, belonging to the owner of a mine, wherever situated, including cash balances, reserve funds and investments in so far as they relate to the mine and also any money lawfully due to him in relation to the mine in respect of any period prior to the appointed day; (h) "mining company" means a company owning a coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956, the undertaking of that company in India. (i) "notified order" means an order notified in the Official Gazette; (j) words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and Development) Act, 1952, have the meanings, respectively, assigned to them in.....

Coal Mines Taking over of Management Act 1973 Section 20

Title: Repeal and Saving

State: Central

Year: 1973

(1) The Coal Mines (Taking Over of Management) Ordinance, 1973, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed (including any appointment, declaration or order made thereunder), shall be deemed to have been done or taken under the corresponding provisions of this Act.

Coal Mines Taking over of Management Act 1973 Chapter III

Title: Miscellaneous

State: Central

Year: 1973

.....of such coal mine or removes or destroys it, or (c) fails to comply with the provisions contained in sub-section (2) or sub-section (4) or sub-section (5) of section 5, or (d) fails to comply, with any directions given under sub-section (1), read with sub-section (6), of section 5, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both, (2) If any person fails without any reasonable excuse, to comply with the provisions of sub-section (5) of section 3, he shall be punishable with imprisonment for a term which may extend to three years and also with fine. Section 9 - Offences by companies (1) Where an offence under this Act has been committed by a company, every person who at the. time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that.....

Coal Mines Taking over of Management Act 1973 Section 2

Title: Definitions

State: Central

Year: 1973

.....to the owner of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on; (xi) all lands and buildings [other than those referred to in sub-clause (x)] wherever situated and solely used for the location of the management, sale or liaison offices, or for the residence of officers and staff, of the mine; (xii) all other assets, movable and immovable, belonging to the owner of a mine, wherever situated, including cash balances, reserve funds and investments in so far as they relate to the mine and also any money lawfully due to him in relation to the mine in respect of any period prior to the appointed day; (h) "mining company" means a company owning a coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956, the undertaking of that company in India. (i) "notified order" means an order notified in the Official Gazette; (j) words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and Development) Act, 1952, have the meanings, respectively, assigned to them in.....

Coal Mines Taking over of Management Act 1973 Section 1

Title: Short Title and Commencement

State: Central

Year: 1973

(1) This Act may be called, The Coal Mines (Taking Over of Management) Act, 1973. (2) It shall be deemed to have come into force on the 30th day of January, 1973, except sub-section (2) of section 8 which shall come into force at once.