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THE COKING COAL MINES (EMERGENCY PROVISIONS) ACT, 1971

Title : THE COKING COAL MINES (EMERGENCY PROVISIONS) ACT, 1971

Year : 1971

[Act No. 64 of 1971]
[23rd December 1971]


PREAMBLE

An Act to provide for the taking over, in the public interest, of the management of coking coal mines and coke oven plants, pending nationalisation of such mines and plants.

whereas it is expedient in the public interest that the coking coal mines and coke oven plants should be nationalised with a view to reorganising and reconstructing the coking coal mines and coke oven plants for the purpose of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirements of the iron and steel industry;

and whereas it is expedient, in the public interest, to take over the management of coking coal mines and coke oven plants pending nationalisation thereof;

Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-



(1) This Act may be called the Coking Coal Mines (Emergency Provisions) Act, 1971.

(2) It shall be deemed to have come into force on the 16th day of October, 1971.



In this Act, unless the context otherwise requires,-

(a) "Appointed day" means the 17th day of October, 1971;

(b) "Coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on and includes-

(i) All lands, buildings, works, machinery and equipment, vehicles, railways, tramways and sidings, adjacent to, and belonging to, or in, the coke oven plant,

(ii) All workshops belonging to the coke oven plant including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand,

(iii) All hard coke in stock or in transit or under production, and other stores, stocks and instruments, belonging to the coke oven plant,

(iv) All power stations belonging to the coke oven plant or operated for supplying electricity for the purpose of working the coke oven plant,

(v) All lands, buildings and equipment adjacent to or belonging to, the coke oven plant where the washing of coal is carried on,

(vi) All other assets, movable or immovable, belonging to a coke oven plant, whether within its premises or outside, including cash balances, reserve funds and investments in so far as they relate to the coke oven plant and also any money lawfully due to the coke oven plant in relation to any period prior to the specified date;

(c) "Coking coal mine" means a coal mine in which there exists one or more seams of coking coal, whether exclusively or in addition to any seam of other coal;

(d) "Company" means a company as defined in section 3 of the Companies Act, 1956(1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;

(e) "Custodian" means the person appointed under section 5 to take over the management of the coking coal mine;

(f) "Government company" has the meaning assigned to it by section 617 of the Companies Act, 1956(1 of 1956);

(g) "Managing contractor" means the 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 mine under which the operations of the mine are substantially controlled by such person or body of persons;

(h) "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 adjacent to, and belonging to, or in, a mine, 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 working;

(v) All conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse there from;

(vi) All lands, buildings, works, ad its, levels, planes, machinery and equipment, vehicles, railways, tramways and sidings adjacent to, and belonging to, or in, a mine;

(vii) All workshops belonging to, or in, a mine including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand;

(viii) All coal in stock or in transit or under production and other stores, stocks and instruments belonging to, or in, a mine;

(ix) All power stations belonging to, or in, a mine or operated for supplying electricity for the purpose of working the mine or a number of mines under the same management;

(x) All lands, buildings and equipment adjacent to, or belonging to, or in, a mine where the washing of coal or manufacture of coke is carried on;

(xi) All other assets, movable or immovable, belonging to a mine, whether within its premises or outside, including cash balances, reserve funds and investments in so far as they relate to the coking coal mine and also any money lawfully due to the coking coal mine in relation to any period prior to the appointed day;

(i) "Mining company" means a company owning a coking coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956(1 of 1956), the undertaking of that company in India;

(j) "Notified order" means an order notified in the Official Gazette;

(k) Words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and Development) Act, 1952(12 of 1952), have the meanings respectively assigned to them in that Act;

(l) Words and expressions used herein and not defined in this Act or in the Coal Mines (Conservation, Safety and Development) Act, 1952, but defined in the Mines Act, 1952(12 of 1952), have the meanings respectively assigned to them in the Mines Act, 1952(35 of 1952).

Last updated on July, 2016

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