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THE COKING COAL MINES (NATIONALIZATION) ACT, 1972

Title : THE COKING COAL MINES (NATIONALIZATION) ACT, 1972

Year : 1972



1*[(1)] The owner of every coking coal mine or group of coking coal mines specified in the second column of the First Schedule, shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 4, the right, title and interest of the owner in relation to such coking coal mine or group of coking coal mines, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

1*[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the First Schedule against any coking coal mine or group of coking coal mines specified in the second column of the said Schedule and required to be given by the Central Government to its owner under sub-section (1) shall be deemed to include, and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or other assets referred to in clause (j) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coal or other assets.]

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1. Section 10 re-numbered as sub-sec. (1) and sub-sec. (2) inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 4 (w.r.e.f. 1-5-1972).

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1*[(1)] The owner of every coke oven plant specified in the second column of the Second Schedule shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 5, the right, title and interest of the owner in relation to such coke oven plant, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

1*[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Second Schedule against any coke oven plant specified in the second column of the said Schedule and required to be given by the Central Government to its owner under sub¬section (1) shall be deemed to include, and deemed always to have been included, the amount required to be paid to such owner in respect of all coke in stock or other assets referred to in clause (b) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coke or other assets.]

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1. Section 11 re-numbered as sub-sec. (1) and sub-sec. (2) inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986). S. 4 (w.r.e.f. 1-5-1972).

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(1) In consideration of the retrospective operation of the provisions of section 4 and section 5, there shall be given by the Central Government, in cash, to the owner of every coking coal mine specified in the First Schedule or the owner of every coke oven plant specified in the Second Schedule, an amount equal to the amount which would have been, but for the provisions of the said section 4 or section 5, as the case may be, payable to such owner under the Coking Coal Mines (Emergency Provisions) Act, 1971, for the period commencing on the 1st day of May, 1972, and ending on the date of assent.

(2) In addition to the amount specified in sub-section (1), there shall be given by the Central Government, in cash to the owner of every coking coal mine specified in the First Schedule and the owner of every coke oven plant specified in the Second Schedule, simple interest at the rate of four per cent, per annum on the amount specified against such owner in the corresponding entry in the fifth column of the First Schedule or the Second Schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the Commissioner.

(3) The amounts referred to in sub-section (1) and sub-section (2) shall be in addition to the amount specified in the First Schedule or the Second Schedule, as the case may be.

12A -1* Workers' dues to be paid out of the amount

(1) Out of the amount payable-

(a) Under section 10 and section 12 to the owner of every coking coal mine or group of coking coal mines;

(b) Under section 11 and section 12 to the owner of every coke oven plant, there shall be paid to every person employed by such owner, a sum equal to the amount of arrears due, on the appointed day, to such employee,-

(i) In relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of such employee; and

(ii) As wages.

(2) Every employee to whom the whole or any part of the arrears referred to in sub-section (1) is due shall file the proof of his claim to the Commissioner within such time, after the commencement of the Coking and Non-coking Coal Mines (Nationalisation) Amendment Act, 1973, as the Commissioner may fix.

(3) The provision's of section 23 shall as far as may be, apply to the filing, admission or rejection of the proof referred to in sub-section (2).

(4) The Commissioner shall, after the admission or rejection of the claims made under sub-section (2), determine the total amount of the arrears referred to in sub-section (1), and shall, after such determination, deduct, in the first instance, out of the amount paid to him under section 21, a sum equal to the total amount of such arrears.

(5) All sums deducted by the Commissioner under sub-section (4) shall, in accordance with such rules as maybe made under this Act, be credited by the Commissioner to the relevant fund or be paid to the persons to whom such sums are due, and on such credit or payment the liability of the owner of the coking coal mine or group of coking coal mines or coke oven plant, as the case may be, in respect of the amounts of arrears due as aforesaid shall stand discharged.

(6) The deductions made by the Commissioner under sub-section (4) shall have priority over all other debts, whether secured or unsecured.

(7) Save as otherwise provided in the foregoing sub-sections, every secured debt due from the owner of a coking coal mine or group of coking coal mines or coke oven plant, as the case may be, shall have priority over all other debts and shall be paid in accordance with the rights and interests of the secured creditors.]

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1. Inserted by Coking and Non-coking Coal Mines (Nationalisation) Amdt. Act (41 of 1973), S. 4 (w.r.e.f. 1-5-72).

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(1) Where, in pursuance of any decree, order or injunction made by a Court, the Central Government or the Custodian appointed under the Coking Coal Mines (Emergency Provisions) Act, 1971, was prevented from taking over the management of any coking coal mine or coke oven plant, the owner of such coking coal mine or coke oven plant shall render, within sixty days from the date of assent, to the Central Government or the Government company, as the case may be, accounts, in relation to the period commencing on the appointed day and ending on the date of assent, with regard to the-

(a) Assets or stores of the coking coal mine or coke oven plant acquired or sold by him during the period;

(b) Coal or coke sold or dispatched during the said period;

(c) Income derived by him from the coking coal mine or coke oven plant during the said period.

(2) If, on examination of the accounts referred to in sub-section (1), any income is found to have been deprived by the owner from the coking coal mine or coke oven plant during the period referred to in that sub-section, such income shall be set-off against the amount specified in the First Schedule or the Second Schedule, as the case may be, against the name of such owner, and the balance of such amount shall be paid to him.

(3) If no account is rendered by the owner of a coking coal mine or coke oven plant within the period referred to in sub-section (1) or if the Central Government or the Government company has any reason to believe that the account rendered by such owner is incorrect or false in material particulars, the Central Government or the Government company may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the coking coal mine or coke oven plant during the period referred to in sub-section (1), and set-off such income against the amount specified in the First Schedule or the Second Schedule, as the case may be, against the name of such owner and pay the balance to such owner.
Last updated on August, 2016

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