Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042
..... on may 27, 1976 by the coal mines (nationalisation) amendment act, 67 of 1976. the amendment act consists of five sections by which certain amendments were introduced into the principal act, namely, the coal mines (nationalisation) act, 26, of 1973. the statement of objects and reasons of the nationalisation amendment act reads thus :after the nationalisation of coal mines, a number of persons holding coal mining leases' unauthorisedly started mining of coal in the most reckless and unscientific manner ..... this point the coking coal mines (nationalisation) act of 1972 and the coal mines (nationalisation) act of 1973 cover the whole field of 'coal' which was intended to be nationalised. the titles of the two acts and the various provisions contained therein show that what was being nationalised was three distinct categories of mines : mines containing seams of coking coal exclusively; mines containing seams of coking coal along with seams of other coal; and mines containing seams of other .....
Tag this Judgment!Court : Patna
..... fact from the preamble and other provisions in the act itself because this coal mines (taking over of management) act or its ordinance had been made as first step towards nationalisation of coal mines and in the month of may, 1973, coal mines (nationalisation) act came in force. now, whether after the coming into force of coal mines (nationalisation) act, also the coal mines (taking over of management) act remained in force or not is only the crux ..... to be decided in this appeal.11. by coal mines (taking over of management) act, only the management was taken over by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom168
..... , guaranteed the payment of the amounts due under the hire purchase agreements. the 3rd defendant is the manager appointed under the coal mines (nationalisation) act, 1973. the 4th defendants-the coal india limited is incorporated under the coal mines (nationalisation) act, 1973, and its previous name was the coal mines authority limited.2. according to the plaintiffs, by three separate and identical hire purchase agreements in writing all dated 30th march ..... vested in the central government with effect from 31st january 1973. again, by the coal mines (nationalisation) act, 1973 (no. 26 of 1973), the coal mines including the coal mines of defendant no. 1 were nationalised from 1st may 1973. this defendant refers to several provisions of the coal mines (nationalisation) act, 1973, (hereinafter referred to as 'the said act').7. according to this defendant, at all material times, the suit vehicles were in .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]39STC246(Cal)
..... that case were very much different from the facts of the instant case before me. further, in the view i have taken of the effect of section 3 of the coal mines (nationalisation) act, 1973, it is not necessary for me to rest my decision on the ratio of the aforesaid decision referred to hereinbefore. in an appropriate case, if section 17 ..... in any court except with the consent of the central government.6. it appears that on 9th july, 1973, there was a notification under section 5 of the coal mines (nationalisation) act, 1973, which was to the following effect:g.s.r. 345(e).-in exercise of the powers conferred by sub-section (1) of section 5 of the ..... carried on by the petitioner. in the aforesaid view of the fact, the ownership in relation to the coal mines has been nationalised or taken by the government, but the effect of section 3 of the coal mines (nationalisation) act, 1973, is not that the ownership of the business as such has been taken over. as a matter of fact, the business of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)415; AIR1997SC1599; 1997(1)BLJR569; JT1996(10)SC584; 1996(8)SCALE472; (1997)1SCC177; [1996]Supp8SCR886
..... of the wide definition of 'mine' given in this act.15. the coal mines (taking over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973. the extended definition of 'mine' that was given under the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with some modification.16. the object of the nationalisation act was stated to be-an act to provide for the acquisition and ..... compensation also goes to show that apart from the owners named in the schedule, other persons may have to be compensated. sections 8 of the coal mines (nationalisation) act lays down that the 'owner of every coal mine or group of coal mines specified in the second column of the schedule shall be given by the central government, in cash and in the manner specified in chapter vi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... thereunder by the central government from time to time. the quality as well as quantity of coal required by all consumers used to be regulated by the coal controller. coal was the only mineral which was subjected to nationalisation, in terms of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973. even coal-mining leases granted to the lessees stood terminated by reason of section 4-a of the ..... mines and minerals (regulation and development) act, 1957 in the year 1976. coal is used as a primary raw material in .....
Tag this Judgment!Court : Supreme Court of India
..... by the colliery collar control order 2000 w.e.f. 01.01.2000.32. the preamble to the nationalisation act reads as follows: an act to provide for the acquisition and transfer of the right, title and ..... said order, which came to be continued under the essential commodities act. the coal controller controlled the quality and quantity as noticed in ashoka smokeless coal india (p) 31 ltd. and others22. considering its vital importance, it became the only mineral which was nationalized in terms of the coking coal mines nationalization act, 1972 and the coal mines nationalisation act 1973. the colliery control order 1945 was repealed and replaced .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3277; 2004(5)ALLMR(SC)65; 1(2004)BC173(SC); [2003]117CompCas123(SC); (2003)4CompLJ1(SC); 2003(4)CTC237; JT2003(Suppl1)SC515; 2003(7)SCALE491; (2003)7SCC532; [2003]
..... not less than 51% of the paid-up capital of each corresponding new company, as has been stated in the banking companies (acquisition & transfer of undertakings) act. nor is there any provision as in the coal mines nationalisation act, 1973 to the effect that 'no person, other than the central government or a government company or a corporation owned, managed, or controlled by the central ..... government company and that thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition & transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
..... taken, it is not necessary.51. another item mentioned before us was the employees of coking coal mines (nationalisation) act, 1972. it has to be borne in mind that the object covered by the scheme of the act was entirely different from the general insurance business (nationalisation) act, 1972. the coking coal mines (nationalisation) act, 1972 was enacted to provide for the transfer of the interest of the owners of such ..... matter of dearness allowance and retirement age.20. the petitioners contend that under the sick textile undertakings (nationalisation) act, 1974, the coking coal mines (nationalisation) act, 1972 etc., sepearate companies had been formed on nationalisation. the employees of those companies were entitled to have their service conditions regulated under industrial disputes act, 1947. in the present case, the employees have been deprived of the existing benefits without following .....
Tag this Judgment!Court : Supreme Court of India
..... and that products thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment ..... company other than a government company, there certainly would have been an indication to that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these .....
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