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The Coal Mines (Conservation and Development) Act, 1974

Year of Passage: 1974 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Coal Mines(Conservation and Development) Act, 1974. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification, appoint inthis behalf.

Section 2 Declaration as to expediency of control by Central Government.

It is hereby declared that it isexpedient in the public interest that the Central Government should take under its control the regulationand development of coal mines to the extent hereinafter provided.

Section 3 Definitions.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means the day on which this Act comes into force; (b) "blending" means the process of intimately mixing different varieties of coal so as to providea mixture which on carbonisation results in coke; (c) "coal" includes coke in all its forms but does not include lignite; (d) "Chief Inspector" and "Inspector" mean the persons respectively appointed as the ChiefInspector of Mines and Inspector of Mines under the Mines Act, 1952 (35 of 1952), and theprovisions of that Act shall apply to the Chief Inspector and to all Inspectors while exercising theirpowers under this Act or the rules made thereunder; (e) "notification" means a notification published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "scheduled bank" means a bank for the time being included in the Second Schedule to theReserve Bank of India Act, 1934 (2 of 1934); (h) "railway" shall have the meaning assigned to it in the Indian Railways Act, 1890 (9 of 1890); (i) "safety in coal mines" includes the safety of any railway situated on the surface above a coalmine; (j) "stowing" means the operation of filling, with sand or any other material, or with both, spacesleft underground in a coal mine by the extraction of coal; (k) "washing" means such process or combination of processes as may be approved in this behalfby the Central Government by which the whole or any part of the shaley and mineral matter found inthe coal is removed therefrom; (l) "agent", "mine" and "owner" have the meanings respectively assigned to them in the MinesAct, 1952 (35 of 1952).

Section 4 Power of Central Government in respect of conservation of coal and development of coal mines.

(1) The Central Government may, for the purpose of conservation of coal and for thedevelopment of coal mines, exercise such powers and take, or cause to be taken, such measures as it maydeem necessary or proper or as may be prescribed. (2) Without prejudice to the generality of the foregoing power, the Central Government may, by orderin writing addressed to the owner, agent or manager of a coal mine, require him to take such measures asit may think necessary for the purpose of conservation of coal or for development of coal mines,including-- (a) in any coal mine, stowing for safety, or (b) the prevention of any factor which may adversely affect the conservation of coal ordevelopment of coal mine, or (c) washing of coal with a view to beneficiating and reducing the ash-contents of coal. 1[(3) The Central Government may, if it is satisfied after consideration of all the facts andcircumstances that the recovery of the cost of measures, if any, undertaken by it under sub-section (1) orsub-section (2) in relation to a coal mine is justified, recover such cost from the owner, agent or managerof the coal mine, either wholly or partly, in the same manner as an arrear of land revenue.]

Section 5 Duty of owner to take steps for the conservation and development of coal mine.

(1) Theowner of a coal mine shall take, in relation to each coal mine owned by him, such steps as may benecessary to ensure the conservation of coal and development of the coal mine. (2) Without prejudice to the generality of the provisions of sub-section (1), the owner of a coal mineshall-- (a) execute such stowing and other operations as may be necessary to be taken in furtherance ofthe objects of this Act in so far as such objects relate to the conservation of coal or development ofthe coal mine or the utilisation of coal obtained from the coal mine; (b) acquire such stowing and other materials as may be necessary for ensuring the conservation ofcoal, and safety in, the coal mine; (c) undertake research in relation to conservation of coal, development of coal mines andutilisation of coal; (d) plan and undertake development of the coal mines in a scientific manner; (e) undertake such other activity as the Central Government may, for the furtherance of theobjects of this Act, direct.
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