Section 3   [ View Judgements ]

Acquisition of rights of owners in respect of coal mines


(1) On the appointed day, the right, title and interest of the owners in relation to the coal mines specified in the Schedule shall stand transferred to, and shall vest absolutely in the Central Government free from all incumbrances.



[1]



[2] (3) On and from the commencement of section 3 of the Coal Mines (Nationalisation) Amendment Act, 1976 (67 of 1976),--



(a) no person, other than--



(i) the Central Government or a Government, company or a corporation owned, managed or controlled by the Central Government, or



(ii) a person to whom a sub-lease, referred to in the proviso to clause (c), has been granted by any such Government, company or corporation, or



[3] (iii) a company engaged in--



(1) the production of iron and steel,



(2) generation of power,



(3) washing of coal obtained from a mine, or



(4) such other end use as the Central Government may, by notification, specify,



shall carry on coal mining operation, in India, in any form;



(b) excepting the mining leases granted before such commencement in favour of the Government, company or corporation, referred to in clause (a), and any sub- lease granted by any such Government, company or corporation, all other mining leases and sub-leases in force immediately before such commencement, shall, in so far as they relate to the winning or mining of coal, stand terminated;



(c) no lease for winning or mining coal shall be granted in favour of any person other than the Government, company or corporation, referred to in clause (a):



Provided that the Government, company or corporation to whom a lease for winning or mining coal has been granted may grant a sub-lease to any person in any area on such terms and conditions as may be specified in the instrument granting the sub-lease, if the Government, company or corporation is satisfied that--



(i) the reserves of coal in the area are in isolated small pockets or are not sufficient for scientific and economical development in a co-ordinated and integrated manner, and



(ii) the coal produced by the sub-lessee will not be required to be transported by rail.



(4) Where a mining lease stands terminated under sub-section (3), it shall be lawful for the Central Government or a Government, company or corporation owned or controlled by the Central Government to obtain, {Omitted by Act 57 of 1986, s. 11 (w.e.f. 1-5-1973).xxx a prospecting licence or a mining lease in respect of the whole or part of the land covered by the mining lease which stands so terminated.



[4] (5) 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 in the Schedule or the name and address of the owner of any such coal mine, it may, by notification, correct such error, omission or misdescription and on the issue of such notification, the relevant entries in the Schedule shall be, and shall be deemed always to have been, corrected accordingly:



Provided that no such correction in relation to the ownership of a coal mine shall be made where such ownership is in dispute.

FOOTNOTES:

1. Omitted by Act 57 of 1986, Section 11 (w.e.f. 1-6-1973).

2. Inserted by Act 67 of 1976, Section 3 (w.e.f. 29-4-1976).

3. Substituted by Act 47 of 1993, Section 2.

4. Inserted by Section 11, ibid. (w.e.f. 1-5-1973).



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