THE COAL BEARING AREAS (ACQUISITION & DEVELOPMENT)ACT, 1957 Flashcards
(17 cards)
The Coal Bearing Areas (Acquisition and Development) Act, 1957 provide for the acquisition of land containing or likely to contain coal deposits and for matters connected therewith.
Under the provisions of this Act, the land is acquired for ______ only for coal mining and activities strictly incidental to mining purposes.
For other requirements, like permanent infrastructure, offices, residence etc. the land is acquired under L.A. Act, 1894.
Government Companies
the procedure for acquiring land for the purpose of mining of coal and activities strictly incidental thereto
- at first the government issues notification under section 4, declaring its intention to do exploration or prospecting. Validity period of notification is 2 years.
- after completing prospecting, government issues notification under section 7(1), declaring its intention to acquire land. Validity period of notification is 3 years.
- Ministry then invites objections, if any and on the disposal of the objections, the government issues notification under section 9(1).
- rights and titles of the land are transferred to coal PSUs / Govt. company by notification under section 11(1) of the coal bearing areas (acquisition and development) act 1957.
section 2
- competent authority
- government company
- mining lease
- person interested
a) “competent authority” means any person appointed to be a competent authority under section 3;
(b) “Government company” means a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), in which any land or rights in or over land shall have vested under section 11;
cc) “mining lease” includes a mining sub-lease, and “lessee” shall be construed accordingly;
(d) the expression “person interested” includes all persons claiming an interest in compensation to be made on account of the acquisition of land, or of the acquisition, extinguishment or modification of any rights in or over land, under this Act
section 4
Preliminary notification respecting intention to prospect for coal in any area and powers of competent authorities thereupon.
(1) Whenever it appears to the Central Government that coal is likely to be obtained from land in any locality, it may, by notification in the Official Gazette, give notice of its intention to prospect for coal therein.
(2) Every notification under sub-section (1) shall give a brief description of the land and state its approximate area.
(3) On the issue of a notification under sub-section (1), it shall be lawful for the competent authority and for his servants and workmen–
(a) to enter upon and survey any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to prospect for coal in the land;
(d) to set out the boundaries of the land in which prospecting is proposed to be done and the intended line of the work, if any, proposed to be made thereon;
(e) to mark such boundaries and line by placing marks; and
(f) where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so.
(4) In issuing a notification under this section the Central Government shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate.
section 5
Effect of notification on prospecting licences and mining leases.
On the issue of a notification under sub-section (1) of section 4 in respect of any land–
a. any prospecting licence [which authorises any person] to prospect for coal or any other mineral in the land shall cease to have effect; and
b. any mining lease shall, in so far as it authorises the lessee or any person claiming through him to undertake any operation in the land, cease to have effect for so long as the notification under that sub-section is in force.
section 6
Compensation for any necessary damage done under section 4.
(1) Whenever any action of the nature described in sub-section (3) of section 4 is to be taken, the competent authority shall, before or at the time such action is taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered, he shall at once refer the dispute to the decision of the Central Government, and the decision of the Central Government shall be final.
(2) The fact that there exists any such dispute as is referred to in this section shall not be a bar to action under sub-section (3) of section 4.
section 7
Power to acquire land or rights in or over land notified under section 4.
(1) If the Central Government is satisfied that coal is obtainable in the whole or any part of the land notified under sub-section (1) of section 4, it may, within a period of two years from the date of the said notification or within such further period not exceeding one year in the aggregate as the Central Government may specify in this behalf, by notification in the Official Gazette, give notice of its intention to acquire the whole or any part of the land or of any rights in or over such land, as the case may be.
(2) If no notice to acquire the land or any rights in or over such land is given under sub-section (1) within the period allowed thereunder, the notification issued under sub-section (1) of section 4 shall cease to have effect on the expiration of three years from the date thereof.
section 8
Objections to acquisition.
(1) Any person interested in any land in respect of which a notification under section 7 has been issued may, within thirty days of the issue of the notification, object to the acquisition of the whole or any part of the land or of any rights in or over such land.
Explanation-It shall not be an objection within the meaning of this section for any person to say that he himself desires to undertake mining operations in the land for the production of coal and that such operations should not be undertaken by the Central Government or by any other person.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing, and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, [either make a report in respect of the land which has been notified under sub-section (1) of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in or over such land, to the Central Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government.
(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or over such land were acquired under this Act.
section 9
(1) When the Central Government is satisfied, after considering the report, if any, made under section 8 that any land or any rights in or over such land should be acquired, a declaration shall be made by it to that effect and different declarations may be made from time to time in respect of different parcels of any land, or of rights in or over such land, covered by the same notification under sub-section (1) of section 7, irrespective of whether one report or different reports has or have been made (wherever required) under sub-section (2) of section 8.
Provided that no declaration in respect of any particular land, or rights in or over such land, covered by a notification under sub-section (1) of section 7, issued after the commencement of the Coal Bearing Areas (Acquisition and Development) Amendment and Validation Act, 1971, shall be made after the expiry of three years from the date of the said notification:
Provided further that, where a declaration] relates to any land or to any rights in or over land belonging to a State Government which has or have not been leased out, no such declaration shall be made except after previous consultation with the State Government.
(2) Every declaration shall be published in the Official Gazette, and–
a.in any case where land is to be acquired, shall state the district or other territorial division in which the land is situate and its approximate area; and, where a plan shall have been made of the land, the place where such plan may be inspected;
b. in any case where rights in or over such land are to be acquired, shall state the nature and extent of the rights in addition to the matters relating to the land specified in clause (a); and copy of every such declaration shall be sent to the State Government concerned.
section 10
Vesting of land or rights shall be in the Central Government.
This has been made by s.10 of the Act. Moreover, it shall vest absolutely and free from all the encumbrances. Also, as per (2) Where the rights under any mining lease [granted or deemed to have been granted by a State Government] to any person are acquired under this Act, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government.
section 11
Power of Central Government to direct vesting of land or rights in a Government company.
(1) Notwithstanding anything contained in section 10, 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 the Central Government may think fit to impose, direct, by order in writing, that the land or the rights in or over the land, as the case may be, shall, instead of vesting in the Central Government under section 10 or continuing to so vest, vest in the Government company either on the date of publication of the declaration or on such other date as may be specified in the direction.
(2) Where the rights under any mining lease acquired under this Act 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 of the State Government as if a mining lease under the Mineral Concession Rules had been granted by the State Government to the Government company, the period thereof being the entire period for which such a lease could have been granted by the State Government under those rules; and all the rights and liabilities of the Central Government in relation to the lease or the land covered by it shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the Government company.
- The competent authority may, by notice in writing, require any person in possession of any land acquired under this Act to surrender or deliver possession of the land within such period as may be specified in the notice, and if a person refuses or fails to comply with any such notice, the competent authority may enter upon and take possession of the land, and for that purpose may use or cause to be used such force as may be necessary.
section 14
Method of determining compensation.
(1) Where the amount of any compensation payable under this Act can be fixed by agreement, it shall be paid in accordance with such agreement.
(2) Where no such agreement can be reached, the Central Government shall constitute a Tribunal consisting of a person who is or has been or is qualified to be a Judge of a High Court for the purpose of determining the amount.
(3) The Central Government may in any particular case ** nominate a person having expert knowledge in mining to assist the Tribunal**, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose.
(4) At the commencement of the proceedings before the Tribunal the Central Government and the person interested shall state what in their respective opinions is a fair amount of compensation.
(5) The Tribunal shall after hearing the dispute, make an award determining the amount of compensation which appears to it to be just, and specify the person or persons to whom the compensation shall be paid; and in making the award the Tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this Act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions or any of them may be applicable.
(6) Where there is a dispute as to the person or persons entitled to compensation and the Tribunal finds that more persons than one are entitled to compensation, it shall apportion the amount thereof among such persons and in such manner as it thinks fit. Power to take possession By notice if person refuses, may use force as may be necessary under s.12 to the competent authority.
(7) Nothing in the Arbitration Act, 1940 , shall apply to any proceedings under this section.
(8) The Tribunal, in the proceedings before it, shall have all the powers which a civil court has while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:–
I. summoning and enforcing the attendance of any person and examining him on oath;
II. requiring the discovery and production of any document;
III. reception of evidence on affidavits;
IV. requisitioning any public record from any court or office; and
V. issuing commissions for examination of witnesses
section 17
Payment of compensation.
(1) Any compensation payable under this Act may be tendered or paid to the persons interested entitled thereto, and the Central Government shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2).
(2) If the persons interested entitled thereto shall not consent to receive it or if there be any dispute as to the sufficiency of the amount of compensation or the title to receive it or the apportionment thereof, the Central Government shall deposit the amount of compensation with the Tribunal:
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Provided further that every person who claims to be an interested person (whether such person has been admitted to be interested or not) including the person referred to in the preceding proviso shall be entitled to prefer a claim for compensation before the Tribunal:
Provided also that no person who has received the amount otherwise than under protest shall be entitled to prefer any such claim before the Tribunal.
(3) When the amount of compensation is not paid or deposited as required by this section, the Central Government shall be liable to pay interest thereon at the rate of five per cent per annum from the time the compensation became due until it shall have been so paid or deposited.
section 19
Power to delegate -
The Central Government may, by notification in the Official Gazette, direct that all or any of the powers or duties which may be exercised or discharged by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged also by any person specified in this behalf in the notification and any such person may, with the previous approval of the Central Government, by order in writing, direct that any power or duty which has been directed to be exercised or discharged by him shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any such person subordinate to him as may be specified therein
section 21
The Central Government also has power to obtain information under s.21 of this act. The information can be relating to any property in respect of which action is proposed to be taken under
section 26
Jurisdiction of Civil Courts -
Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the Central Government or the competent authority or any other person is empowered by or under this Act to determine. The Central Government also has power to obtain information under s.21 of this act. The information can be relating to any property in respect of which action is proposed to be taken under this Act.
