Coal Bearing Areas (Acquisition and Development) Act, 1957
No: 20 Dated: Jun, 08 1957
THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957
ACT NO. 20 OF 1957
An Act to establish in the economic interest of India greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease, licence or otherwise, and for matters connected therewith.
BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Coal Bearing Areas (Acquisition and Development) Act, 1957.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(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;
(c) “Mineral Concession Rules” means the rules for the time being in force made under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 1948);
(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;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “Tribunal” means the Tribunal constituted under section 14
3. Appointment of competent authority.—The Central Government may, by notification in the Official Gazette, appoint any person to be the competent authority for the purposes of this Act; and different persons may be appointed as competent authorities for different provisions of this Act and for different areas.
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.