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COAL MINES (NATIONALISATION) ACT, 1973
26 of 1973
30th May 1973
STATEMENT OF OBJECTS AND REASONS Act 67 of 1976.- After the nationalisation of coal mines a number of persons holding coal mining leases unauthorisedly started mining of coat in the most reckless and unscientific manner without regard to considerations of conservation, safety and welfare of workers. Not only were they resorting to slaughter mining by superficial working of outcrops and thereby destroying a valuable national asset and creating problems of water-logging, fires, etc., for the future development of the deeper deposits, their unsafe working also caused serious and fatal accidents. They were making larger profits by paying very low wages, and by not providing any safety and welfare measures. Thefts of coal from adjacent nationalised mines were also reported after the commencement of these unauthorised operations. The number of these unauthorised operations had shown an increasing trend of late. Areas where illegal and unauthorised operations were being carried on, were without proper geological of mine plans and also without any assessment of reserves in regard to quality and quantity of coal which could be made available after detailed exploration work was undertaken and results analysed. No scientific exploitation of these deposits could be undertaken in the nationalised sector without these details. It was, therefore, considered that it would not be appropriate either to nationalise these unauthorisedly worked mines after taking them over under the Coal Mines (Taking Over of Management) Act, 1973or to get the connected mining leases prematurely terminated and regranted to Government companies underthe Mines and Minerals (Regulation and Development) Act, 1957. In view of the policy followed by the Central Government that the coal industry is to be in the nationalised sector, it was decided that the Coal Mines (Nationalisation) Act, 1973 should be amended to provide for termination of all privately held coal leases except those held by privately owned steel companies, so that it may be possible for the Central Government, Government Company or Corporation to take mining leases where necessary, after the necessary exploration has been made as to the extent of the deposits of coal, etc. 2. It is now proposed to replace this Ordinance by an Act of Parliament. - Gaz. of Ind., 7-5-1976, Pt. II, S. 2, Ext., p 833. Act 22 of 1978.- After the nationalisation of coal mines in India under the Coking Coal Mines (Nationalisation) Act, 1972 and the Coal Mines (Nationalisation) Act, 1973, it was brought to light that certain provisions of these Acts needed clarification. It is, therefore, necessary to suitably amend these Acts with a view to removing the ambiguities as well as certain practical difficulties which have come to light in the implementation thereof. The main amendments are as follows:- (a) As doubts were expressed whether certain amounts like dues on account of the sale of coal and coal products effected before the date of nationalisation of coking coal mines and coal mines, subsides due for the pre- nationalisation period and earnest monies and security deposits made by the owners of coal mines with the various authorities were covered by the exception to the assets vesting in the Government on nationalisation, it is proposed to clarify in the said Acts that current assets vesting in the Government do not include such amounts. (b) The said Acts do not specify the interest rate admissible on the claimed amounts after the appointed day. In the absence of such a provision, the secured creditors have included in their claims interest at very high rates which, if allowed, will deprive the lower priority creditors, mostly Government organisations and small suppliers. It is, therefore, proposed to insert a new section in each of the said Acts to provide that the interest payable on such amounts shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the Commissioner of Payments with a nationalised bank or in the Public Account of India as required under the said Acts. (c) It is proposed to empower the Commissioner of Payments- (i) to authorise the persons appointed to assist him under the Coking Coal Mines (Nationalisation) Act, 1972 to exercise all or any of the powers exercisable by him under the Act. Such a provision already exists in the Coal Mines (Nationalisation) Act, 1973; (ii) to transfer cases from one Assistant Commissioner to another or to himself; (iii) to issue a notification inviting the owners, managing contractors and such other persons who are owners of any machinery, equipment or other property which has vested in the Central Government or a Government company under the Act and which does not belong to the colliery owners to apply for the residuary amount lying with the Commissioner, of Payments after settling all the claims. (d) It is proposed to legalise joint claims filed by workers through Trade Unions or through the officers under the Chief Labour Commissioner (Central) against the colliery owners. (e) Such of the claims as had not been time-barred on the relevant date when the management of the coal mines was taken over by Government and had been filed before the specified dates but had been rejected merely on the ground that such claims had become time-barred are proposed to be restored and dealt with. (f) It is proposed to prescribe a period of sixty days within which appeals against the decisions of the Commissioner of Payments have to be filed and to apply the relevant provisions of the Limitation act, 1963 , to such appeals. It is also proposed to extend the right of appeal to the colliery owners. (g) It is proposed to provide that the period of three years after which undisbursed amounts shall revert to the general revenue account should be counted from the date on which the last order for disbursement was made by the Commissioner of Payments and not from the date on which the amount was paid by the Government to the Commissioner. (h) With a view to dealing effectively with persons who indulge in illegal mining of coal, it is proposed to amend sub-section (2) ofsection 30of the Coal Mines (Nationalisation) Act, 1973, by enhancing the punishment of imprisonment from two years to three years and of fine from ten thousand rupees to twenty thousand rupees. 2. The Rill seeks to achieve the above objects. -Ga7. of Ind., 26-4-1978, Pt. II, S. 2, Ext., p. 445.
Act 57 of 1986.- After the nationalisation of coal mines in India under the Coking Coal Mines (Nationalisation) Act, 1972(Coking Coal Act) and the Coal Mines (Nationalisation) Act, 1973 (Coal Mines Act), certain judicial pronouncements in regard to the interpretation of the provisions of the said Acts necessitated a few amendments in the relevant provisions of those Acts. It was also found necessary to remove certain ambiguities and difficulties in implementing those provisions. The Coal Mines Nationalisation Laws (Amendment) Ordinance, 1986 (7 of 1986) was thus promulgated by the President on the 7th October, 1986 to make certain amendments in the above two Acts. Some of the important amendments which the Ordinance proposed were as follows:- (a) the definition of "mine'' inthe Coking Coal Actandthe Coal Mines Actincluded all coal and coke belonging to the owner of the mine whether in stock or in transit and all coal under production in a mine on a day immediately prior to the date on which the coal mines were nationalised. Accordingly, the amounts specified in the Schedules to the two Acts included the value of the coke and coal in stock lying at the mines at the time of nationalisation. The Supreme Court, however, in a recent case, while agreeing with the contention that the coke and coal stocks lying at the mine vested in the Government as a result of nationalisation, took the view that the value of coke and coal stocks had to be taken into account for balancing the position of accounts as on the date immediately preceding the date of nationaliiation. This would have involved double payment of the amount in as much as the value of the coke and coal stocks had already been included in the amounts mentioned in the Schedules to the Acts against each coal mine. In order to make the intention clear sections 10and22 of the Coking Coal Actandsections 8and19 of the Coal Mines Actwere amended restrospectively to remove any doubts in the matter and to clarify that the amounts specified in the Schedules to the relevant Acts shall also be deemed to include the amounts required to be paid to the owner in respect of the stock of coke and coal or other assets referred to in the definition of "mine" in the relevant Acts. Necessary provision validating the action taken under the two Acts was also made. (b) With the commencement of the Coal Mines (Nationalisation) Amendment Act, 1976 on 29-4-1976, carrying on of coal mining operation or leasing for mining coal by any private party were prohibited. Thus,section 4 (2) of the Coking Coal Actandsection 3 (2) of the Coal Mines Actbecame redundant and were omitted with effect from 29-4-1976 with a saving clause to protect action if any, taken under the existing provisions. A provison for correction of an error, omission or mis-description was also added to section 3 of the Coal Mines Act, on the lines of a similar provision in the Coking Coal Act. (c) Section 25 of both the Acts was amenaed so as to Clarify that any amount in excess of payment over receipts in the statement of accounts prepared by the coal companies shall be deemed to be the amount advanced by the Central Government or the Custodian. (d) Section 26 of both the Acts was also amended to empower the Commissioner of Payments to make apportionment of the amount among the various owners on the basis of the highest annul production in the relevant coal mines during the last 3 years immediately preceding the appointed day. 2. The Bill seeks to replace the above mentioned Ordinance. It also seeks to make certain further amendments of a clarifiatory nature, which have been explained in the memorandum annexed to this Bill. -Gaz., of Ind., 17 -11-1986 Pt. II, S. 2, Ext.. p. 12 (No. 48). An Act to provide for the acquisition and transf®r of the right, title and interest of the owners in respect of the coal mines specified in the schedule with a view to re-organising and reconstructing such coal mines so as to ensure the rational, co-ordinated and scientific development and utilisation of coal resources consistent with the growing requirements of the country, in order that the ownership and control of such resources are vested in the State and thereby so distributed as best to subserve the common good and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the coal Mines (Nationalisation) Act, 1973.
(2) The provisions ofsections 30-and31-shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of May, 1973.
SECTION 01A: DECLARATION AS TO EXPEDIENCY OF UNION CONTROL
(1) It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation and development of coal mines to the extent hereinafter provided in subsections
(3) and (4) ofsection 3-and sub-section (2) ofsection 30-.
(2) The declaration contained in sub-section (1) is in addition to, and not in derogation of. The declaration contained insection 2 of the Mines and Minerals (Regulation and Development) Act, 1957-.]
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,
(a) "appointed day" means the 1st day of May, 1973;
(b) "coal mine" means a mine in which there exists one or more seams of coal;
(c) "company" means a company as defined insection 3 of the Companies Act, 1956-and includes a foreign company within the meaning ofsection 591-of that Act;
(d) "Commissioner" means the Commissioner of Payments appointed undersection 17-;
(e) "Custodian" means the Custodian appointed under sub-section (2) ofsection 11-, to take over, or carry on, the management of a coal mine;
(f) "Government company" has the meaning assigned to it bysection 617 of the Companies Act, 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 a coal mine under which the operations of the coal 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, 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 workings:
(v) all conveyors or aerial ropeways provided for bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;
(vi) all lands, buildings, works, adits, levels, planes, machinery and equipments, instru- ments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes of the mine;
(vii) all workshops (including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand) in, or adjacent to, a mine and used substantially for the purposes of the mine or a number of mines under the same management;
(viii) all coal belonging to the owner of the mine, whether in stock or in transit, and all coal under production in a mine;
(ix) all power stations in a mine or operation primarily for supplying electricity for the purpose of working the mine or a number of mines under the same management.
(x) all lands, buildings and equipments belonging to the owners of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on;
(xi) all lands and buildings [other than those referred to in sub-clause (x)], wherever situated, if solely used for the location of the management, sale or liaison offices, or for the residence of officers and staff, of the mine;
2[(xii) all other fixed assets, movable and immovable, belonging to the owner of a mine, wherever situate and current assets, belonging to a mine, whether within its premises or outside.
(i) "Mineral Concession Rules" means the rules, for the time being in force, made underthe Mines and Minerals (Regulation and Development) Act, 1957;-
(j) "mining company" means a company owning a coal mine, and in relation to a foreign company within the meaning ofsection 591 of the Companies Act, 1956-, the undertaking of that company in India;
(k) "notification" means a notification published in the Official Gazette;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "specified date" means such date as the Central Government may, for the purpose of any provision of this Act, by notification, specify, and different dates may be specified for different provisions of this Act;
(n) words and expressions used herein and not defined but defined inthe Coal Mines (Conservation, Safety and Development) Act. 1952', have the meanings, respectively, assigned to them in that Act;
(o) words and expressions used herein and not defined in this Act or inthe Coal Mines (Conservation, Safety and Development) Act, 1952, but defined inthe Mines Act, 1952, have the meanings, respectively assigned to them inthe Mines Act, 1952.
CHAPTER 02: ACQUISITION OF THE RIGHTS OF OWNERS OF COAL MINES
SECTION 03: 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.
3[(2) x x x]
6[(3) On and front the commencement of the Coal Mines (Nationalisation) Amendment Act, 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 such Government, 'company or corporation, or
7(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
(b) excepting the mining leases granted before such commencement on.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 othermining leases and sub-leases inforce 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 arc 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,4[x x x] 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.
5[(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.]
SECTION 04: CENTRAL GOVERNMENT TO BE THE LESSEE OF THE STATE GOVERNMENT
(1) Where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coal mine, by a State Government or any other person, vest in the Central Government undersection 3-, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee ofthe State Government or such other person, as the case may be, in relation to such coal mine8[as if a fresh mining lease] in relation to such coal mine had been granted to the Central Government and the period of such lease shall be8[the maximum period] for which such lease could have been granted by the State Government or such other person under the Mineral Concession Rules, and thereupon all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been
transferred to, and vested in, the Central Government.
(2) On the expiry of the term of any lease, referred to in sub-section ( 1 ), such lease shall, if so desired by the Central Government, be renewed,9[ x xx] by the lessor, for the maximum period for which such lease can be renewed under the Mineral Concession Rules.
SECTION 05: POWER OF CENTRAL GOVERNMENT TO DIRECT VESTING OF RIGHTS IN A GOVERNMENT COMPANY
(1)Notwithstanding anything contained insections 3-and4-, the Central Government may, if it is satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coal mine referred to insection 3-, shall instead of continuing to vest in the Central Government, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction.
(2) Where the right, title and interest of an owner in relation to a coal mine vest in a Government company Under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become the lessee in relation to such coal mine as if a mining lease in relation to the coal mine had been granted to the Government company and the period of such lease shall be the entire period for which such lease could have been granted under the Mineral Concession Rules; and all the rights and liabilities of the Central Government in relation to such coal mine shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company.
(3) The provisions of sub-section (2) ofsection 4-shall apply lo a lease which vests in a Government company as they apply to alease vested in the Central Government and references therein to the "Central Government" shall be construed as references to the Government company.
SECTION 06: PROPERTIES VESTED IN THE CENTRAL GOVERNMENT TO BE FREED FROM MORTGAGES ETC
(1) All property which vests in the Central Government or in a Government company under this Chapter shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn.
(2) Every mortgagee of any property which has vested under this Act in the Central Government or a Government company, and every person holding any charge, lien or other interest in or in relation to any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest.
(3) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section ( 1 ) or any other person holding any charge, lien or other interest in, or in relation lo, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in the Schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government or the Government company.
SECTION 07: CENTRAL GOVERNMENT OR GOVERNMENT COMPANY NOT TO BE LIABLE FOR PRIOR LIABILITIES
(1) Every liability of the owner, agent, manager or managing contractor of a coal mine, in respect of any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor, as the case may be, and shall be enforceable against him and not against the Central Government or the Government company.
(2) For the removal of doubts, it is hereby declared that-
(a) save as otherwise provided elsewhere in this Act, no claim for wages, bonus royalty, rate. rent. taxes, provident fund, pension, gratuity or any other dues in relation to a coal mine in respect of any period prior to the appointed day. shall be enforceable against the Central Government or the Government company;
(b) no award,decree or order of any court, tribunal or other authority in relation lo any coal mine passed after the appointed day, but in relation to any matter, or dispute which arise before that day, shall be enforceable against the Central Government or the Government company:
(c) no liabilty for the contravention, before the appointed day. of any provision of law for the time being in force, shall be enforceable against the Central Government or the Government company.-
CHAPTER 03: PAYMENT OF AMOUNT
SECTION 08: PAYMENT OF AMOUNT TO OWNERS OF COAL MINES
10[(1)] The owner of every coal mine or group of coal mines specified in the second column of the Schedule shall be given by the Central Government, in cash and in the manner specified in Chapter VI, for the vesting in it, undersection 3, of the right .title and interest of the owner in relation to such coal mine or group of coal mines, an amount equal lo the amount specified against it in the corresponding entry in the fifth column of the Schedule
10[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Schedule against any coal mine or group of coal mines specified in the second column ol 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 (h) ofsection 2-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.]
SECTION 09: PAYMENT OF FURTHER AMOUNT
(1) In consideration of the retrospective operation of the provisions ofsections 3-,4-and5-, there shall be given by the Central Government, in cash, to the owner of every coal mine or group of coal mines specified in the Schedule, an amount equal to the amount which would have been, but for the provisions of the saidsections 3-,4-and5-. payable to such owner underthe coal Mines (Taking Over of Management) Act, 1973, for the period commencing on the 1st day of May 1973, and ending.on the date on which this Act receives the assent of the President.
(2) In addition to the amount referred to in sub-section (1), there shall be given by the Central Government, in cash, to the owner of every coal mine or group of coal mines specified in the 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 Schedule for the period commencing on the date on which this Act receives the assent of the President and ending on the date on which payment of such amount is made by the Central Government to the Commissiner.
(3) The amounts referred to in sub-section (1) and sub-section (2) shall be in addition to the amount specified in the Schedule.
SECTION 10: INCOME DERIVED BY THE OWNERS OF COAL MINES AFTER THE APPOINTED DAY TO BE REFUNDED TO THE CENTRAL GOVERNMENT
(1) Where, in pursuance of any decree, order or injunction of a court or otherwise, the Central Government or the Custodian appointed underthe Coal Mines (Taking Over of Management) Act, 1973, was prevented from taking over the management of any coal mine, the owner of such coal mine shall render, within sixty days from the date on which management of the coal mine is delivered to the Central Governent or Government company, as the case may be, accounts in relation to the period commencing on the date of commencement of the said Act and ending on the date of delivery of such management to the Central Government or the Government company, as the case may be, with regard to the-
(a) assets and stores of the coal mine acquired or sold by him during the said period;
(b) coal sold or despatched during the said period;
(c) income derived by him from the coal mine during the said period.
(2) If on examination of the accounts referred to in sub-section ( 1 ), any income is found to have been derived by the owner from the coal mine during the period referred to in that sub-section, such income shall be recoverable by the Central Government from the amount payable underSection 8-to the owner of such coal mine, and the debt due to the Central Government on this account shall rank as an unsecured debt.
(3) If no account is rendered by the owner of a coal mine within the period referred to in subsection. (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 company may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the coal mine during the period referred to in sub-section (1), and take steps to recover the said income from the amount payable to the owner of the coal mine underSection 8-, as if the debt due to the Central Government on this account were an unsecured debt.
(4) No mortgage, charge, lien or other incumbrance in relation to a coal mine or any asset thereof shall be binding on the Central Government or the Government company if such mortgage, charge, lien other incumbrance was created, at any time during the period in which the Central Government or the Custodian was prevented, by any decree, order or injunction of a court or otherwise, from taking over the mangement of the said coal mine.
CHAPTER 04: MANAGEMENT, ETC., OF COAL MINES
SECTION 11: MANAGEMENT, ETC., OF COAL MINES
(1) The general superintendence, direction, control and management of the affairs and business of a coal mine, the right, title and interest of an owner inrelation to which have vested in the Central Government undersection 3-, shall,-
(a) in the case of a coal mine in relation to which a direction has been made by the Central Government under sub -section (1) ofsection 5-, vest in the Government company specified in such direction, or
(b) in the case of a coal mine in relation to which no such direction has been made by the Central Government, vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the owner of the coal mine is authorised to exercise and do.
(2) The Central Government may appoint an individual or a Government company as the Custodian of a coal mine in relation to which no direction has been made by it under sub-section (1) ofsection 5-.
SECTION 12: DUTY OF PERSONS IN CHARGE OF MANAGEMENT OF COAL MINES TO DELIVER ALL ASSETS, ETC
- (1) On the vesting of the management of a coal mine- in a Government company or on appointment of a Custodian, all persons incharge of the management of such coal mine immediately before such vesting or appoitment, shall be bound to deliver to the Government company or the Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the coal mine.
(2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government company or Custodian as to its or his powers and duties and the Government company or Custodian may also, if it or he so desires, apply to the Central Government at any time for instructions as to the manner in which the management of the coal mine shall be conducted by it or him or in relation to any other matter arising in the course of such management.
(3) The Custodian shall receive from the funds of the coal mine, in relation to which he or it is the Custodian, such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government.
SECTION 13: ACCOUNTS AND AUDIT
The Custodian of every coal mine shall maintain the accounts of such mine in such manner and under such conditions as may be prescribed.
CHAPTER 05: PROVISIONS RELATING TO EMPLOYEES OF COAL MINES
SECTION 14: LIABILITY OF OFFICER OR OTHER EMPLOYEE OF A COAL MINE FOR TRANSFER TO ANY OTHER COAL MINE
- Notwithstanding anything contained inthe Industrial Disputes Act. 1947, or in any other law for the time being in force, the services of any officer or other employee employed in a coal mine shall be liable to be transferred to any other coal mine and such transfer shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any Court, tribunal or other authority.]
SECTION 15: PROVIDENT AND OTHER FUNDS
- (1) Where a coal mine has established a provident fund. superannuation, welfare, or other fund for the benfit of its employees, the monies relatable to the employees, whose services have become transferred by or under this Act to the Central Government or a Government company shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund. stand transferred to, and vest in, the Central Government or the Government company, as the case may be.
(2) The monies which stand transferred, under sub-section (1). to the Central Government or a Government company shall be dealt with by that Government or company, as the case may be, in such manner as may be prescribed.
SECTION 16: SUPERANNUATION FUND, ETC., TO BE DISTRIBUTED TO EMPLOYEES WHOSE EMPLOYMENT BECOMES TERMINATED UNDER THIS ACT
-Where the employment of an employee stands terminated by reason of sub-section (3) of section 14-and such employee is not employed by the owner of the coal mine in any of his other establishments such owner shall pay to such employee the amount standing at his credit in the provident fund and also pay him the amounts due to him as superannuation, welfare and other benefits admissible to him as if the employee had superannua
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