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).