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COKING COAL MINES (NATIONALISATION) ACT, 1972
36 of 1972
17th August, 1972
Act 36 of 1972.-Coking coal is essential for the production of iron and steel but the resources therof are severely limited and consequently careful conservation of such resources is required in the long term interest of the steel. industry. Such conservation can be achieved only by ensuring scientific development and efficient conduct of operations in each coalfield and by employing proper techniques of mining. Efforts were made in the past to nationalise and coordinate the development and mining of coking coal but these efforts did not succeed. It had, therefore, become urgently necessary to assume, in the public interest, complete responsibility for the reorganisation and reconstruction of the coking coal industry and the connected coke production so that adequate supplies of coal and coke may be ensured to meet the growing requirements of the steel-industry. The Central Government, therefore, decided to nationalise the coking coal mines and coke oven plants as early as possible. At it was found that such nationalisation would take a long time to be effected, the management of 214 coking coal mines and 12 coke oven plants was taken over by the Government, pending nationalisation of such mines and plants, under the Coking Coal Mines (Emergency Provisions) Act, 1971 (No. 64 of 1971). The present Bill seeks to complete the process of nationalisation of the coking coal mines and coke oven plants by providing for the acquisition of the right, title and interest of the owners thereof. S.O.R.- See Gaz. of Ind., 31 -7-72, Pt. II. S.2,Ext..p.648. Act 41 of 1973.- Since the Coking Coal Mines (Nationalisation) Act, 1972 received the President's assent it has come to notice that in certain cases there are minor discrepancies in the description of the various coking coalmines listed in the Schedule to the Act. It is desired to remove these discrepancies, and such other discrepancies as may be brought to notice hereafter, by issue of suitable notifications if the power In this regard is vested in the Government. In course of the adminstration of the coking coal mines,since the enactment of the 1972 Act. it has been noticed that the previous owners had accumulated large arrears towards workers dues in the shape of contributions to provident fund, wages and other dues. It is proposed to vest the Commissioner of payments appointed underS. 20of that Act with the authority to deduct arrears of wages, employers share of the provident fund contribution, pension fund, gratuity fund or other funds established for the welfare of workers out of the amount payable to the owners specified in the first and second Schedules of the Coking Coal Mines (Nationalisation) Act, 1972, with priority over all other dues, whether secured or unsecured. The relevant clauses of the Bill or in conformity with similar provisions of theCoal Mines (Nationalisation) Act, 1973. Since it may not be possible for a large body of workmen or their dependents to make claims before the Commissioner, both the Acts are being amended with a view to empowering the Coal Mines Provident Fund Commissioner to make the claims on behall of the workmen. It is proposed that any appeal against the decision of the Commissioner of payments shall lie before the High Court of the State in which the coking coal mine is situated and that such appeal shall be heard and disposed of by not less than two Judges of that High Court. (S.O.R.) See Gaz. of Ind.. 16 -8-73, Pt. II. S. 2, Ext., p. 731. Act 22 of 1978.- After the nationalisation of coal mines in India under the Coking Coal Mines (Nationalisation) Act. 1972 andthe 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, subsidies 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 lo 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 inthe 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 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 claim; 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 30 of 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 Bill seeks lo achieve the above objects. Gaz.. 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) andthe 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" in the Coking Coal Act and the Coal Mines Act included 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 lhe value of the coke and coal instock 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 nationalisation. This would have involved double payment of the amount inasmuch 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 5and19 of the Coal Mines Actwere amended retrospectively 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 1(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 provision for correction of an error, omission or misdescription was also added tosection 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 amended so as to clarify that any amount in excess of payment over receipts in Ihe 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 annual production in the relevant coal mines during the last 3 years immediately preceding the appointed day. 2. The Bill seeks lo replace the abovementioned Ordinance. It also seeks to make certain further amendments of a clarificatory 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 transfer of the right, title and Interest of the owners of the coking coal mines specified In the First Schedule, and the right, title and interest of the owners of such coke oven plants as are In or about the said coking coal mines with a view to reorganising and reconstructing such mines and 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 for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called theCoking Coal Mines (Nationalisation) Act, 1972.
(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, 1972.
SECTION 02: DECLARATION AS TO THE POLICY OF THE STATE
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution.
SECTION 03: DEFINITIONS
In this Act, unless the context otherwise requires,"-
(a) "appointed day" means the 1st day of May, 1972'.
(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, railway, tramways and sidings, belonging to, or in, the coke oven plant,
(ii) all workshops belonging to the coke oven plant, including buildings, machinery, instrument, stores, equipment of such workshops and the lands on which such workshops stand,
(iii) all coke in stock or under production, and Other stores, stocks and instruments, belonging lo the coke oven plant,
(iv) all power station belonging to the coke oven planter operated for supplying electricity for the purpose of working of coke oven plant or a number of coke oven plants,
(v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on,
(vi) all other fixed assets movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside.
CHAPTER 02: ACQUISITION OF THE RIGHTS OF OWNERS OF COKING COAL MINES AND COKE OVEN PLANTS
SECTION 04: ACQUISITION OF RIGHT IN COKING COAL MINES
(1) On the appointed day, the right, title and interest of the owners in relation to the coking coal mines specified in the First Schedule shall stand transferred to, and shall vest absolutely, in the central Government, free from all incumbrances.
1[(2) * * *]
2[(3) 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 coking coal mine included in the First Schedule or the name and address of the owner of any such coking coal mine, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification the relevant entries in the First 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 coking coal mine shall be made where such ownership is in dispute.]
SECTION 05:
3 [(1)] Acquisition of rights of owners of coke oven plants On the appointed day, the right, title and interest of the owners of each of the coke oven plants specified in the Second Schedule, being the coke oven plants which are situated in or about the coking coal mines specified in the First Schedule, shall stand transferred to, and shall vest absolutely in, the Central Government, free from all incumbrances.
3[2) 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 coke oven plant included in the Second Schedule or the name and address of the owner of any such coke oven plant, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the relevant entries in the Second 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 coke oven plant shall be made where such ownership is in dispute.]
SECTION 06: 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 coking coal mine. by a State Government or any other person, vest in the Central Government undersection 4-, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government or such other person, as the case may be, in relation to such coking coal mine4[as if a fresh mining lease] in relation to such coking coal mine had been granted to the Central Government under the Mineral Concession Rules, the period of such lease5[shall be the maximum period] for which such lease could have been granted by the State Government or such other person under those 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,6[* * * * *] by the lessor for the maximum period for which such lease can be renewed under the Mineral Concession Rules.
SECTION 07: POWER OF CENTRAL GOVERNMENT TO DIRECT VESTING RIGHTS IN A GOVERNMENT COMPANY
(l) Notwithstanding anything contained insections 4-to6-(both inclusive), 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 coking coal mine or coke oven plant referred to, .espectively. insection 4-orsection 5-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 dale (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 coking coal mine or coke oven plant 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-
(a) the lessee in relation to such coking coal mine as if a mining lease in relation to such coking mine had been granted to the Government company under the Mineral Concession Rules, the period of such lease being the entire period for which such lease could have been granted under those Rules; "
(b) the owner of the coke oven plant, and all the rights and liabilities of the Central Government in relation to such coking coal mine or coke oven plant 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 6-shall apply to lease which vests in Government company as they apply to a lease vested in the Central Government and reference therein to the Central Government shall be construed as reference to the Government company.
SECTION 08: PROPERTIES VESTING IN 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 in 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 delcared 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 to any such property shall be entitled to claim 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 First Schedule or the Second Schedule, as the case may be, but no such mortgage, charge or lien or other interest shall be enforceable against any such property of the Central Government or the Government company.
SECTION 09: CENTRAL GOVERNMENT NOT TO BE LIABLE FOR PRIOR LIABILITIES
(1) Every liability of the owner, agent, manager or managing contractor of a coking coal mine or coke oven plant, in relation to 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 coking coal mine or coke oven plant 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 to any coking coal mine or coke oven plant passed after the appointed day, but in relation to any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government or the Government company:
(c) no liability for the contravention of any provision- of law for the time being in force, made before the appointed day. shall be enforceable against the Central Government or the Government company.
CHAPTER 03: PAYMENT OF AMOUNT
SECTION 10: PAYMENT OF AMOUNT TO OWNERS OF COKING COAL MINES
7 [(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 insection 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 Sched ule.
7 [(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 (l) shall be deemed to include, and deemed always to have included, the amount required lo be paid to such owner in respect of all coal in stock or other assets referred to in clause (j) ofsection 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.]
SECTION 11: PAYMENT OF AMOUNT TO OWNERS OF COKE OVEN PLANTS
8 [(1)] The owner of every coke oven plant specified in the second column of the Second Schedule shall be given by the Central Government, incash and in the manner specified insection 21-, for vesting in it. undersection 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.
8[(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 lo be paid to such owner in respect of all coke in stock or other assets referred to in clause (b) ofsection 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.]
SECTION 12: PAYMENT OF FURTHER AMOUNT
(1) In consideration of the retrospective operation of the provisions ofsection 4-andsection 5-, there,shall he 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 saidsection 4-orsection 5-, as the case may be, payble to such owner under theCoking 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 thc First Schedule and the owner of every coke oven plant specified in the Second Schedule, simple interest at the rate of four percent, 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.
SECTION 12A: WORKERS' DUES TO BE PAID OUT OF THE AMOUNT
[ (1) Out of the amount payable
(a) undersection 10 -andsection 12-to the owner of every coking coal mine or group of coking coal mines:
(b) undersection 11-andsection 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 provisions ofsection 23 -shall as far as may be, apply to the filing, admission or rejection of the proofs 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 undersection 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 may be 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,]
SECTION 13: INCOME DERIVED BY THE OWNERS OF COKING COAL MINES AND COKE OVEN PLANTS AFTER THE APPOINTED DAY TO BE REFUNDED TO THE CENTRAL GOVERNMENT
(1) Where, in pursuance of any decree, order or injunction made by a Court, the Central Government or the Custodian appointed under theCoking 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 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 despatched 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.
CHAPTER 04: MANAGEMENT, ETC. OF COKING COAL MINES AND COKE OVEN PLANTS
SECTION 14: MANAGEMENT, ETC., OF COKING COAL MINES AND COKE OVEN PLANTS
(1) The general superintendence, direction, control and management of the affairs and business of a coking coal mine or coke oven plant, the right, title and interest of an owner in relation to which have vested in the Central Government undersection 4-orsection 5-, as the case may be, shall -
(a) in the case of a coking coal mine or coke oven plant, in relation to which a direction has been made by the Central Government under sub-section (1) of section 7-, vest in the Government company specified in such direction, or
(b) in the case of a coking coal mineorcokeoven plant, 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 coking coal mine or coke oven plant is authorised to exercise and do.
(2) The Central Government may appoint an individual or a Government company as the Custodian of a coking coal mine or coke oven plant in relation to which no direction has been made by it under sub-section (1) ofsection 7-.
SECTION 15: DUTY OF PERSONS IN CHARGE OF MANAGEMENT OF COKING COAL MINES OR COKE OVEN PLANTS TO DELIVER ALL ASSETS, ETC
(1) On the vesting of the management of a coking coal mine or coke oven plant in a Government company or on the appointment of a Custodian, all persons in charge of the management of such coking coal mine or coke oven plant immediately before such vesting or appointment, shall be bound to deliver to the Government company or Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the coking coal mine or coke oven plant, and any contract, whether express or implied, providing for the management of the coking coal mine or coke oven plant made before the appionted day between such persons and the owners of such coking coal mine or coke oven plant, shall be deemed to have terminated on the date on which the management of the coking coal mine or coke oven plant vests in the Government company or the Custodian so appointed.
(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 coking coal mine or coke oven plant shall be conducted by it, or him or in relation to any other arising in the course of such management.
(3) The Custodian shall receive from the funds of the coking coal mine or coke oven plant, as the case may be, 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 16: ACCOUNTS AND AUDIT
The Custodian of every coking coal mine or coke oven plant shall maintain the accounts of such mine or plant in such manner and under such conditions as may be prescribed.
CHAPTER 05: PROVISIONS RELATING TO EMPLOYERS OF COKING COAL MINES AND COKE OVEN PLANTS
SECTION 17: LIABILITY OF OFFICER OR OTHER EMPLOYEE OF A COKING COAL MINE OR COKE OVEN PLANT FOR TRANSFER TO ANY OTHER COKING COAL MINE OR COKE OVEN PLANT
Notwithstanding anything contained in theIndustrial Disputes Act, 1947-or in any other law for the time being in force, the services of any officer or other employee employed in coking coal mine or coke oven plant shall be liable to be transferred to any other coking coal mine or coke oven plant 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.]
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