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Transfer of rights in specified land in the mentioned Government company- (Ministry of Coal) (19 Jun 2023)


Mines and Minerals

WHEREAS, on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 1705(E), dated the 12th April, 2023, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 12th April, 2023, issued under sub-section (1) of section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the land and all rights in or over the lands described in the Schedule appended to the said notification (hereinafter referred to as the said land) vested absolutely in the Central Government free from all encumbrances under sub-section (1) of section 10 of the said Act ;

AND WHEREAS, the Central Government is satisfied that the Western Coalfields Limited, District Nagpur, Maharashtra (hereinafter referred to as the Government company) is willing to comply with such terms and conditions as the Central Government thinks fit to impose in this behalf ;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 11 of the said Act, the Central Government hereby directs that the said land measuring 37.11 hectares (approximately) or 91.70 acres (approximately) with all rights in or over the said land so vested, shall with effect from 12th April, 2023, instead of continuing to so vest in the Central Government, shall vest in the Government company, subject to the following terms and conditions, namely:-

(1) The Government company shall make all payments in respect of compensation, interest, damages and the like, as determined under the provisions of the said Act and other relevant laws;

(2) A Tribunal shall be constituted under section 14 of the said Act, for the purpose of determining the amounts payable by the Government company under condition (1) and all expenditure incurred in connection with any such Tribunal and persons appointed to assist the Tribunal shall be borne by the Government company and similarly, all expenditure incurred in respect of all legal proceedings like appeals, and the like for or in connection with the rights, in or over the said land, so vested, shall also be borne by the Government company;

(3) The Government company shall indemnify the Central Government and its officials against any other expenditure that may be necessary in connection with any proceedings by or against the Central Government or its officials regarding the rights in or over the said land so vested;

(4) The Government company shall have no power to transfer the aforesaid rights in the said land so vested, to any other persons without the prior approval of the Central Government; and

(5) The Government company shall abide by such directions and conditions as may be given or imposed by the Central Government for particular areas of the said land, as and when necessary.


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