The Coal India (Regulation of Transfers and Validation) Act, 2000

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An Act no. 45 of the year 2000 was enacted with the name and short title as ‘The Coal India (Regulation of Transfers and Validation) Act, 2000’. This is an enactment to provide to empowerment of the Central Government to issue directions for transferring the land, or of the rights in connection with the land or even the transferring of the right, title and interest in connection with the Coal Mine, Coking Coal Mine or Coke Oven Plant, which were vested with the Coal India Limited or in a subsidiary company thereof. Moreover, it is further provided for validating the certain transfers of such land or rights. The present enactment was passed by the Parliament of India in the 51st year of republic of India and the same was given assent by the President of India on 8th day of December, 2000. The Act contains only four sections, wherein the entire purpose of the enactment was explained.

The First provisions deals with the short titling of the enactment as ‘The Coal India (Regulation of Transfers and Validation) Act, 2000’. And under section 2 of the Act, several terms were made clear by giving definitions thereto. The term ‘Coal India’ as has been containing in several provisions herein, is defined as the company namely, ‘the Coal India Limited’ which is a Government company incorporated within the provisions of the Companies Act, 1956 (Act no. 1 of 1956) and was having its Registered office at Calcutta and also it includes the predecessor Government company to it, namely, ‘the Coal Mines Authority Limited’. Also the term ‘Subsidiary Company’ here defined as the subsidiary companies of the aforesaid Government company ‘Coal India’ and includes ‘the Central Coal Fields Limited, Ranchi’ along with its predecessor Government company, namely, ‘the National Coal Development Corporation Limited’, ‘the Bharat Coking Coal Limited, Dhanbad’, ‘the Western Coal Fields Limited, Nagpur’, ‘the Eastern Coal Fields Limited, Sanctoria’, ‘the Central Mine Planning and Design Institute Limited, Ranchi’, ‘the South-Eastern Coal Fields Limited, Bilaspur’, ‘the Northern Coal Fields Limited, Singrauli’ and ‘the Mahanadi Coal Fields Limited, Sambalpur’ and also all other subsidiary company of afore said ‘Coal India’ which was incorporated from time to time.

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The Act make two important provisions under it, among them, the provisions of section 3 of the Act makes provisions to empower the Central Government to issue notification in the Official Gazette containing its direction to the effect that the land or rights in connection to land or the rights, title, etc. in connection to the Coal Mine, Coking Coal Mine or a Coke Oven Plant, as aforesaid, to be vested in the afore mentioned Subsidiary Company and should not be continued to be vested in the Coal India. Such notification containing directions should be issued by the Central Government, irrespective of whatever inconsistent contained in any other prevailing law. However, for issuing such direction, the Central Government first to be satisfied that the Subsidiary Company is willing to comply with the terms and conditions which the Central Government will impose for such vesting, or even if such Subsidiary Company has already complied with such terms and conditions. And on such vesting in the Subsidiary Company the rights, title, etc. as aforesaid or land as the case may be, the Subsidiary Company should be treated as ‘lessee’ in relation to the vested rights of Coal Mine or Coking Coal mines as the fresh lease in connection with the such mines was granted within the provisions of the Mineral Concession Rules, 1960 [as made within section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act no. 67 of 1957)] for the specified under those rules. And also on such vesting all rights and liabilities of the Coal India in connection with the said Coal Mines, are to be transferred and become the rights and liabilities of the said Subsidiary Company under this Act.

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The next provisions is section 4 dealing with the validation of certain transfers made earlier to the commencement of this Act in connection with the same coal mine, coking coal mine or coke oven plant.

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