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Government. of Goa, Daman and Diu -,OFFICIAL GAZETTE

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Government. of Goa, Daman and Diu -,OFFICIAL GAZETTE Panaji, 5th October, 1972 IAsvina 13, 1894) SERIES I No. 21 ,OFFICIAL GAZETTE GOVERNMENT. OF GOA, DAMAN AND DIU Section,;; GOVERNMENT OF GOA, DAMAN 15. Duty of persons in charge of management of coking coal mines or coke oven plants to deliver all assets, AND DIU etc. 16. Accounts and audit. law and Judicial Department CHAPTER V Provisions relating to employees of coking coal Notification mines and coke oven pla~ts 17. Employment of certain employees to continue. LDj3537/72 18. Provident fund. The Coking Coal Mines (Nationaiisation) Act, 1972 19. Superannuation, welfare and other funds. (36 of 1972), which was recently passed by Parlia­ ment and assented to by the President of India is CHAPTER VI hereby published for the general information of the Commissioner of Payments public. 20. Commissioner of Payments to be apPOinted. 21. Payment by the Central Government to the CommisM ld. S. Borkar, Under Secretary (Law). sioner. 22. Statement of "accounts in relation to the period of Panaji, 22nd September, 1972. m~nage~ent by the Central Government, etc. 23. Claims to be made to the CommiS$ioner. 24. Disbursement of money by the Cqmmissioner. 25. Amounts advanced by the Central Government how The Coking Coal Mines (Nationalisatwnl ~Act. 1972 to be recovered. ~6. Disputes how to be dealt with. 27. Undisbursed Of unclaimed amountf? to be deposited to ARRANGEMENT OF SECTIONS the general revenue account. CHAPTER VII CHAPTER I Miscellaneous Preliminary 28. Effect of Act on other laws. SectiOll.l 29. Contracts cease to have effect unless ratified by the 1. Short title and commencement. Central Government. 2. Declaration as ,to the policy of the State. 30. Penalties. 3. Definitions. 31. Offences by companies. 32. Mining companies not to be wound up by court. CHAPTER II 33. Delegation of powers. ' Acquisition of the rights of owners of coking $4. PQwer to make rules. coa) mines and coke oven plants 35. Power to remove difficulties. 36. Coking coal. mines to which the Act shall not apply. 4. -!\cquls1t~on of rights in coking coal trlines. 5. Acquisition of rights of owners of coke oven plants. THE FIRST SCHEDULE 6. Central Government to be the lessee of the State ~" Government. THE SECOND SCHEDULE 7. Power of Central Government to direct vesting rights in a Government company. 8. Properties vesting in Central Government to be freed from mortgages, etc. The Coking Coal Mines (Nalionalisationl Act, 1972 9. Central Government "not to be liable for prior liabilities. AN CHAPTER ill Payment of amount ACT 10. Payment of amount to owners of coking coal. mines. to provide for the acquisition atnd transfer of the 11. Payment of amount to owners of coke oven plants. 12. Payment of further amount. right, title and interest of the owners of the coking 13. Income derived by the owners of coking coal mines coal mines specified in the First Schedule, and the and coke oven plants after the apPOinted day to be right, title atnd interest of the C>WneTS of such coke refunded to the Central Government. oven plants as are in or about the said coking coal CHAPTER IV mines with a view to reorganising and recanst'rUC' Management, etc., on coking coal mines and ting such mines and plants for the purpose of coke oven plants proteoting, conserving and promoting scientific 14. Management, etc., of coking coal. mines and coke oven development of the resources of ooking coal needed plants. to meet the growing requirements of the iron and 4:20 SERIES I No. 27 --------------------------------------------- steel industry and for matters connected therewith (e) "Commissioner" means the Commissioner of or incidental thereto. Payments appOinted under section 20; Be it enacted by Parliament in the Twenty-third (f) '''Custodian'' means the Custodian appointed Year of the Republic of India as follows:- under sub-section (2) of section 14, to take over, or carryon, the management of coking coal mine CHAPTER I Or coke oven plant; Preliminary (g) '''date of assent" means the date on whicl1 assent is given by the President to this Act; 1. Short title and commenceinent. ~·(l).This Act may be called the Coking Coal Mines (Nationalisa­ (h) '''Government company" has the tion) Act, 1972. meaning assigned to it by section 617 of the Companies Act, 1956; 1 of 1.956. (2) The provisions of sections 30 and 31 shall (i) "managing contractor" means the.person, or come into force at once and the remaining provisions body of persons, who, with the previous consent of this Act shall be deemed to have come 'into force in writing of the State Government, has entered on the 1st day of May, 1972. into an arrangement, contract or understanding, with the owner of a coking coal mine or coke oven 2. Declaration as to the policy of the State. - It plant under which the operations of the coking is hereby declared that this Act is for giving effect coal mbne or coke oven plant are substantially to the policy of the State towards securing the prin­ controlled by such person or body of persons; 'Ci pies specified in clause (b) of article 39 of the Constitution. (j)"mine" means any excavation where any operation for the purpose of searching for or ob­ Explanation. - In this section, "State" has the taining minerals has been or is bebng carried on, same meaning as in article 12 of the Constitution. and includes- (i) all borings and bore holes; 3. Definitions. - In this Act, unless the context (ii) all shafts adjacent to, and belonging to, <:>therwise requires,- or in, a mine, whether in the course of being (a) "appointed day" means the 1st day of May, sunk or not; 1972; (iii) all levels and inclined planes in the (b) '''coke oven plant" means the plant and course of being driven, equipment with which the manufacture of hard (iv) all open cast working; coke has been, or is being, carried on, and (v) all conveyors or aerial ropeways provided includes- for bringing into or removal from a mine of (i) all lands, buildings, works, machinery and minerals or other articles or for the removal of equipment, vehicles, railways, tramways and refuse therefrom; sidings, belonging to, or in, the coke oven plant, (vi) all lands, buildings, works, adits, levels, (ii) all workshops belonging to the coke oven planes, machinery and equipment, vehicles, rail­ plant, including buildings, machinery, instru­ ways, tramways and sidings belonging to, or in,. ments, stores, equipment of such workshops and or about, a mine; the lands on which such workshops stand, (vii) all workshops belonging to, orin, a mine (iii) all coke in stock or under production, including buildings, machinery, instruments, and other stores, stocks and instruments, belong­ stores, equipment of such workshops and the ing to the coke oven plant, lands on which such workshops stand; -. (iv) all power stations belonging to the coke (viii) all coal in stock or in transit or under oven plant or operated for supplying electricity production and other stores, stock and instru­ for the purpose of working the coke oven plant ments belonging to, or in, a mine; or a number of coke oven plants, (iw) all power stations Mlangingto, or. in, (v) all lands, buildings and equipment belong­ a mine or operated for supplying electricity for ing to the coke oven plant where the washing the purpose of working the mine or a number of coal is carried on, of mines; ( vi) all other fixed assets, movable Or immo­ (x) all lands, buildings and equilpmentbe­ vable, and current assets belonging to a coke longing to, or in, a tmiJne wlhere the washing of oven plant, whether within its premises or out­ ooa;l or manufacture of coke is 'carried onl; side. '(xi) all other fixed aSS<:!ts, movaible or immo­ Explanation. -"Current assets" do not in­ vable, and current assets, belonging to a mine, clude dues from sundry debtors, loans and ad­ whether within ~ts ~remises or OUtside. vances to other parties and investments, not Explanation. - "Current assets" do not m,.. being investments in the coke oven plant; elude dues from sundry debtors, loans and ad­ (0) '''coking coal mine" means a coal mine in vances to other parties and investments, not which there exists one or more seall1SJ of coking being investments in the coking coal mine; coal, whether exclusively or in addition to any (k) "Mineral Concession' Rules" seam of other coal; meaI1S1 the rules, for 'the time being in (d) "company" means a company as force, made under 'the Mines and Mi­ defined in section 3 of the Companies nerals (Regulation and !Development) Act, 1956, and includes a foreign com- 1 of 1956. Act, 1957; 67 of 1957. pany within the meaning of section 591 (l) "mining company" meaI1S1a :com- of that Act; pany oWllJing 'a coking coal tmiJne, and 5TH OCTOBER, 1972 (ASVINA 13, 1894) 421 in relation 'to a foreign company with'in S1hall stand 'transferred ·to, and shall vest absolutely the meaning of section 591 of fue Com- in, the Central Government, free ,from 'all illlrnrm­ panies Act, 1956, 'the undertaking of 1 of 1956. brances. .that company in IndFa; (m) '''notification'' means a notification pu­ 6. Central Government to be the lessee of the bliShed in the Official Gazette; State Government. - (1) Where the rights of an owner under any mi~ing lease granted, or deemed ,( n) "owner",- to 'have been granted, in relation to a cO'king coal (i) when used ,n' relation to a mine, by a State Governmenlt or any other person, mine, has 'the mear,ing' assigned ·to' vest in the Central Govemment under sectien 4; lt in the Mines Act, 1952, 35 of 1952.
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