Ministry of Coal
The Coal Bearing Areas (Acquisition and Development) Act, 1957, is a key Indian law empowering the government to acquire land for coal mining. It aims to enhance public control over the coal industry. The act outlines the procedures for land acquisition, compensation, and the regulation of prospecting and mining activities. It also details the powers of competent authorities, and safeguards related to land and rights of interested parties.
Act Background and Ministry Under Which This Act Is:
The Coal Bearing Areas (Acquisition and Development) Act, 1957, was introduced to establish greater public control over the coal mining industry. This legislation facilitates the acquisition of land with coal deposits. Though not directly stating the ministry, it functions under the Ministry of Coal in India.
Enactment Date, Number of Chapters, Number of Sections:
The act was enacted on June 8, 1957. The Act has 28 sections, providing the framework for land acquisition, prospecting, and mining rights related to coal. It includes provisions for compensation, penalties, and dispute resolution mechanisms.
Act Governed By:
The Coal Bearing Areas (Acquisition and Development) Act, 1957, is governed by its own provisions, which detail the entire procedure for acquisition of lands and rights related to them. The Act empowers the Central Government to acquire land containing coal deposits, and sets forth guidelines for compensation, dispute resolution, and the regulation of mining activities. The act also defines various roles and lays out the responsibilities of those involved.
On Whom it is Applicable:
The Act applies to the whole of India except the State of Jammu and Kashmir. It applies to all those owning or possessing lands with coal deposits, all those involved in the coal mining industry and also to the Central Government, which is acquiring those lands. It applies to any person interested in land containing coal deposits, the Competent Authorities, and government and private entities involved in mining operations.
Penalties/Punishments:
The Act prescribes penalties for obstructing the operations of the authorities and violation of any provisions. These include:
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Imprisonment for up to six months, or a fine of up to one thousand rupees, or both.
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Penalties for obstruction of any activities authorized by the act.
Important Pointers:
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Acquisition of Land: The Act provides the government to acquire land where coal deposits are found.
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Preliminary Notification: It details the process for issuing preliminary notifications for prospecting of coal.
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Competent Authority: It provides the appointment and powers of competent authorities for carrying out the act.
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Compensation: The act outlines methods for determining and paying compensation for acquired land or rights.
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Prospecting and Mining: It regulates prospecting and mining, ensuring it is done by the rules set by Mineral Concession Rules.
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Dispute Resolution: The act sets up a process for resolving disputes regarding compensation through a Tribunal.
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Power to Delegate: It empowers the central government to delegate its powers.
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Protection of Action: The act protects actions taken in good faith under the provisions of this Act.
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Extinguishment of Rights: It empowers the extinguishment or modification of existing rights for the development of coal.
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Appeals: It details the procedure for appeals against awards and orders made under the act.
Act Copy: