Section 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 date1as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "competent authority" means any person appointed to be a competent authority undersection 3;
(b) "Government company" means a Government company as defined in section 617 of theCompanies Act, 1956 (1 of 1956), in which any land or rights in or over land shall have vested undersection 11;
(c) "Mineral Concession Rules" means the rules for the time being in force made under the Minesand Minerals (Regulation and Development) Act, 1948 (53 of 1948);
1[(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 tobe made on account of the acquisition of land, or of the acquisition, extinguishment or modificationof 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.
Section 3 Appointment of competent authority.
The Central Government may, by notification in theOfficial Gazette, appoint any person to be the competent authority for the purposes of this Act; anddifferent persons may be appointed as competent authorities for different provisions of this Act and fordifferent areas.
Section 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 islikely to be obtained from land in any locality, it may, by notification in the Official Gazette, give noticeof its intention to prospect for coal therein.
(2) Every notification under sub-section (1) shall give a brief description of the land and state itsapproximate area.
(3) On the issue of a notification under sub-section (1), it shall be lawful for the competent authorityand 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 theintended 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 cutdown 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 toa dwelling house (unless with the consent of the occupier thereof) without previously giving suchoccupier 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 thatportion of any land in which coal mining operations are actually being carried on in conformity with theprovisions of any enactment, rule or order for the time being in force or any premises on which anyprocess ancillary to the getting, dressing or preparation for sale of coal obtained as a result of suchoperations is being carried on are situate.
Section 5 Effect of notification on prospecting licences and mining leases.
On the issue of a notificationunder sub-section (1) of section 4 in respect of any land--
(a) any prospecting licence 1[which authorises any person] to prospect for coal or any othermineral in the land shall cease to have effect; and
(b) any mining lease 2*** shall, in so far as it authorises the lessee or any person claimingthrough him to undertake any operation in the land, cease to have effect for so long as the notificationunder that sub-section is in force.
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