The Parliament
treated coal and coking coal separately for legislative purposes. The Coking
Coal Mines (Emergency Provisions) Act, 1971 took over coking coal mines since
coking coal was not being made available to the industry by the private sector.
After further planning it was decided to take over all coal mines (including
coking coal mines) under the Coking Coal Mines (Nationalization) Act, 1972 and
the Coal Mines (Nationalization) Act, 1973 (“Nationalization Act”).
In 1972 the
Central Government transferred the 226 (two hundred and twenty six) coking coal
mines then existing to Bharat Coking Coal Limited, and a year later transferred
the 711 (seven hundred and eleven) non-coking coal mines then existing to the
Coal Mines Authority Limited, which later became Coal India Limited. [1]
The Coal Mines (Taking Over of Management)
Act, 1973 : The Coal Mines (Taking Over of Management) Act, 1973 gave the
Central Government right to take over the management of the coking and
non-coking mines.
1976 Amendment: Termination of private lease, exemptions
: Since many of the coal mines were
located in remote places, in order to prevent the private sector from illegally
mining, the Coal Mines (Nationalization) Amendment Act, 1976 was enacted. The
amendment terminated all privately held leases in respect of coal mines, with
the following exceptions:
a)
Captive mining by private companies engaged in
production of iron and steel;
b)
Sub-lease for coal mining to private parties in
isolated small pockets not amenable to economic development and not requiring
rail transport.
1993 Amendment: Generation of power and washing of coal :
Considering the need to augment thermal power generation and to create
additional thermal power capacity during the VII Plan period, the Government
decided to allow participation by the private sector. The Nationalization Act
was further amended with effect from June 9, 1993 to allow coal mining for
captive consumption for generation of power, washing of coal obtained from a
mine and other end uses to be notified by the Government from time to time, in
addition to the existing provision for captive coal mining for production of iron
and steel. The amendment was carried out in section 3(3)(a)(iii) of the Nationalization
Act by a Gazette notification dated June 9, 1993.
1996
Amendment: Cement as an end use : Under the powers conferred on the
Central Government by section 3(3)(a)(iv) of the Nationalization Act, another
Gazette notification was issued on March 15, 1996 to allow cement as an end use
for captive mining of coal.
Coal Mines (Nationalization) Amendment Bill,
2000 (“Nationalization Amendment Bill”)[2]
: The Central Government decided to allow Indian companies, both in the
public and private sectors to enter coal mining without the restriction of
captive mining. The proposal of the Ministry of Coal to allow non-captive
mining was approved by the Cabinet on February 11, 1997 and subsequently on May
27, 1997 after the change of Government in April 1997. However, this bill still
hasn’t seen the light of the day due to disputes with trade unions.
Coal India (Regulation of Transfers and Validation)
Act, 2000 : Ever since the
nationalization of the private coal mines of the country took place during
1971-1973, though the rights, title and interest in relation to the coal mines
was directed to be vested in CIL, its subsidiary companies were managing such
land, mines, etc. In the absence of any specific legislation empowering them
with formal rights, the subsidiary companies were exposed to litigation with
respect to the land and coal mines. Thus, the Coal India (Regulation of
Transfers and Validation) Act, 2000 was passed to empower the Central
Government to direct the transfer of the land, or of the rights in or over land
or of the right, title and interest in relation to a coal mine, coking mine or
coke oven plant, vested in the CIL or in a subsidiary company to any subsidiary
company of CIL or any other subsidiary company and to validate certain
transfers of such land or rights.
No comments:
Post a Comment