Act Number: 11

Act Name: The Coal Mines (Special Provisions) Act, 2015

Year: 2015

Enactment Date: 2015-03-30

Long Title: An Act to provide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottees with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest and for matters connected therewith or incidental thereto.

Ministry: Ministry of Coal

Department:

Section 5: Allotment of mines to Government companies or corporations.
    (1) Notwithstanding the provisions contained in 1[sub-sections (1) and (2)] of section 4, the Central Government may allot a Schedule I coal mine to a Government company or corporation or to a joint venture between two or more Government companies or corporations or to a company which has been awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I coal mines by making an allotment order in accordance with such rules as may be prescribed and the State Government shall grant a reconnaissance permit, prospecting licence 2[mining lease or prospecting licence-cum-mining lease in respect of such Schedule I coal mine] to such company or corporation:
     Provided that the Government company or corporation may carry on Coal Mining in any form either for its own consumption, sale or for any other purpose 3[as may be determined by the Central Government]:
     Provided further that no company other than a Government company or corporation shall hold more than twenty-six per cent. of the paid-up share capital in the Government company or corporation or in the joint venture between a Government company or corporation, either directly or through any of its subsidiary company or associate company:
     Provided also that a joint venture of any two or more Government companies or corporations shall be prohibited from alienating or transferring any interest, except the taking of loans or advances from a bank or financial institution, in the joint venture of whatsoever nature including ownership in favour of a third party.
     (2) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the additional levy within the specified period.
    
Notes:
1. Subs. by Act 2 of 2020, s. 11, for “sub-sections (1) and (3)” (w.e.f. 10-1-2020).
2. Subs. by s. 11, ibid., for “or mining lease in respect of any are containing coal” (w.e.f. 10-1-2020).
3. Subs. by s. 11,ibid., for “in accordance with the permit, prospecting licence or mining lease, as the case may be” (w.e.f. 10-1-2020).
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