the coal mines nationaijisation laws (a:·:endment) bill, 1978 lth bel as in traduced in ipk sabhe 7 1 - page 5, against 1in3 32, in the marginal ci tation,-"195'2" for "1962 " read 2 page 5, line 36,-omit "and" in~ert the marginal ci tation,-3 page 6, against line 20, "46 of 1948 " new delhi; april 20, 1978 cha1tra 30, 1900 (saka)  bill, no 70 of 1978 't9e coal mines nationalisation laws (amendment) bill, 1978 a billfurther to amend the coking coal mines (nationalibation) act, 1972, and the coal mines (nationalisation) act, 1973 bb it enacted by parliament in the twenty-ninth year of the republic of india aa follows:-1 this act may be called the coal mines nationalisation laws short (amendment) act, 1978 title s 2 in section 3 of the coking coal mines (nationalisation) act, 1972 am~nd; (hereinafter referred to as the coking coal act) ,-mecteni 0 3 -8 on (i) in clause (b), in wb-clause (vi), for the 'explanaticm, the ~ ~;;23g following explanation shall be substituted, and shall be deemed to have been substituted with effect from the 1st day of may, 1972, 10 namely:-,clit3:pumation-the expression "current assets" does not ulclude,-- (a) dues representing the sale of coal and coal products eiieeted at any time before the appointed day and otitstanding immediately before the said day; (0) dues from the coal board, established under section 4 of the coal mines (conservation, safety and development) 19 of 1952 act, 1952, prior to the repeal of the said act, with respect to any period before the appointed day; (c) dues from sundry debtors, loans and advances to other parties and investments, not being investments in the coke oven plant; 5 (d) security deposits made by the owners with the coal controller appointed by the central 90vemment or with the railways for the fulfilment of contracts or with a state electricity board for the payment of bills; (e) earnest money deposited by the owners with the 10 railways for obtaining contracts;'; (ii) in clause (j), in sub-clause (xi), for the explanation, th9 following erplanaticm shall be substituted, and shall be deemed to have been substituted with effect from the 1st day of may, 1972, namely:-'explanation-the expression "current assets" does not include-(a) dues representing the sale of coal and coal pz:oducts effected at any time before the appointed day and outstanding immediately before the said day; 20 (b) dues ·from the coal board, established, under section 4 of the coal mines (conservation safety and development) act, 1952, prior to the repeal of the said act, with 19 of 1952 respect to any period before the appointed day; (c) d~es from sundry debtors, loans and  advances to 15 other parties and investments, not being investmenta in the coking coal mine; (d) security deposits made by the owners with the coal controller appointed by the central government or with the railways for the fulfilment of, contraets or with a state 30 electricity board fof the payment of bills; (e) earnest money deposited by the owners with the railways for obtaining contracts;' a 3 in section 20 of the coking coal act, for sub-section (2), the following sub-sections shall be substituted, namely:-amendment of section 20 "(2) the central government may appoint such other person& 35 as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons to also exercise all or any of the powers exercisable by him under this act, and different persons may be authorised to exercise different 40 powers (2a) any person authorised by the commissioner to exercih any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of autborlsation" $" ; 45 4 after section 22 of the coking coal act, the following section shall be inserted, namely:-insertion of new section 22a validation of 5 ~ertain collections 10 "22a (1) notwithstanding anything contained in section 3, as amended by section 2 of the coal mines nationalisation laws (amendment) act, 1978, any money collected by the central government or the government company during the period commencing on the appointed day and ending with the date specified under sub-section (3) of section 22 shall be deemed to have been validly collected by the central government or the government company, as the case may be, and any such money shall be applied in accordance with the provisions of section 22 (2) any money collected as aforesaid shall not be called in question in any court of law" 5 in section 23 of the coking coal act,-(a) in sub-section (ia) ,-amend ment of section 23 ~5 (i) after the words and figures "the coal mines provident fund, fami~y pension and bonus schemes act, 1948;", the following shall be inserted, and shall be deemed to have been inserted with effect from the 1st day of may, 1972, namely:-"and claims in relation to any other matter may be filed nn behalf of all or any of the persons so employed or any group of such persons, by any trade union, registered under the trade unions act, 1926, or, where no such claim has been filed by any trade union, by the chief labour commissioner (central) appointed by the central government or any officer subordinate to him;"; (ii) in the proviso, after the words "the coal mines provident fund commissbner", the following shall be inserted and shall be deemed to have ber:-n inserted with effect from the 1st day of m~y, 1972, namely:-<lor the trade union or the chief labour commissioner (central) or any officer subordinate to him,"; (b) after sub-section (1a), the following sub-section shall be inserted, and shall be deemed to have been inserted with effect from 35 the 1st day of november, 1973, namely:-"(iaa) where any c1aim_not being a claim which was timebarred ()n the 17th day of october, 1971, was preferred under sub-section (1) within the period specified therefor and was rejected merely on the ground that such claim was time-barred, 40 such claim shall be deemed not to have been rejected and the commissioner shall restore on his file such claim and shall deal with it in the manner specified in this section"; (c) after sub-section (9), the following sub-section shall be inserted, namely:-45 "(9a) the commissioner may, on receipt of a c1aim,-'" (a) elect to settle the claim himself; or (b) transfer the claim jor settlement to a person authorised in this behalf under sub-s~ction (2) of section 20; or (c) withdraw the claim from the person referred to in clause (b) and either settle the claim himself or transfer it 5 for disposal to any other pel'$od who h~s been authorised in this behalf under sub-section (2) of section 20"; (d) in sub--section (10) ,-(i) for the words "a claimant whio is dissatisfied with the decision of the commiss~oner may prefer an appeal against the 10 decision,", the words "a claimant or owner who is dissatisfied with the decjsion of tbe commissioner may pre;fer an appeal, within a period of sixty days from the date of the decision," shall be substituted;  (ii) after the! proviso, the following fu,rther proviso shall be 15 inserted, namely:-"provided further that any appeal which has not been preferred before the date on which the coal mines nationalisation laws (amendment) act, 1978, receives the assent of the president, shall be preferreq within a period of sixty 20 days from such date" 6 after section 23 of ~be coking coal act, the following section shall be inserted, name1y:-"23a the provisions of sections 5 and 12 of the limitation act, 1963, shall, so far as may be, apply to appeals under section 23" 25 36 of 1963  insertion of new section 23a application of sections 5 and 12 of the limitation act 7 after section 24 of the coking coal act, the following section shall be inserted, and shall be deemed to have been inserted with effect from the 1st day of may, 1972, namely:-insertion of new section 24a interest on admitted claims "24a notwithstanding any award, decree or order of any court, tribunal or other authority, passed before the appointed day, in rela- 30 tion to ariy coking coal mine or coke oven plant, where any amount is payable in respect of a claim admitted under this act, the interest payable on such amount for any period after the appointed day shall be m: such rate not exceeding the i'ate of interest accruing on any amount deposited by the commissioner under section 21"  35 it after section 25 of the coking coal act, the following section shall be iuserted, namely:-"2sa (1) after meeting the liabilities of persons whose claims have been admitted under this act, the commissioner shall notify, in suc'h manner a~ he may think fit, the amount of money available with 40 hiim and specify in such notification a date within which the owners or the coking coal mines or coke oven plants, the managing contractors and the owners of any machinery, ~ujpmen~ qj" other property lmertion of new section 25a notice to owners of co-king coal mines or coke oven which has vestea in the central government or a government company under this act and which does not belong to the owners of the coking coal mines or coke oven plants may apply to him fo~ payment plantj and managingcontractors, etc 5 10 (2) where any application is made under sub-section (1), the commissioner shall, after satisfying himself as to the right of the applicant to receive the whole or any part of the amount, pay the amount w the person concerned and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount, the commissioner shall deal with the application in the manner specified in sub-section (1) of section 26" amendment of section 27 9 in election 27 of the coking coal act, for the words "which remains undi&bursed or unclaimed after such payment for a period of three years" the words "which remains undisbursed or unclaimed for a period 15 of three years from the day on which the last order for disbursement was made" shall be substituted, and shall be deemed to have been substituted with effect from the 29th day of march, 197ii 10 in section 2 of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the coal mines act), in clause (h) for sub-clause 20 (xii), the following sub-clause shall be substituted, and shall be deemed to have been substituted with effect tirom the 1st day of may, 1973, namely:-amendment of section 2 of act 26 of 1973 '(xiii) all othe!r fixed assets, movable and immovable, belonging to the owner of a mine, wherever situated, and current assets, belonging to a mine, whether within its premises or'outside expzanabion-the expr~ssion "current assets" does ~t include,-(a) dues representing the sale of coal and coal products effected at any time before the appointed day and outstanding immediately before the said day; 30 19011962 (b) dues from the coal board, established under section 4 of the coal mines (conservation, safety and development) act, 1952, prior to the repeal of the said act, with respect to any pe!riod before the appointed day; 35 (c) dues from sundry debtors, loans and advances to other plu'ties and investments, not being investments in the coal mine; and ~d) security deposits made by the owners with the coal controller appointed by the central government or with the rahways for the f1,1lfllment of contracts or with a state electricity board for the payment of bills; 40  (e) earnest money deposited by the owners with the railways for obtaining contracts;' amendment of section 18 11 in secdon 18 of the coal, mines act, in sub-se'ctio'n (2), for the words "any period, after the appointed day,", the words "the period" shall be substituted 12 after section 19 of the coal mines act, the following section shall be inserted, namely:-5 insertion of new section 19a validation of certain collections "19a (1) notwithstanding anything contained in section 2, as amended by section 10 of the coal mines nationalisation laws (amendment) act, 1978, any money collected by the central government or the government company duri[1g the period commencing on the appointed day and ending with the date specified 10 under sub-section (3) of section 19 shall be deemed to have been validly collected by the central government or the g"ovemment company, as the case may be, and any such money shall be applied in accordance with the provisions of section 19 (2) any money collected as aforesaid shall not be called in 15 question in any court of law" 13 in section 20 of the coal mines act,-(a) in sub-section (2) ,-amendment of aectlon 10 (i) after the words and figures "the coal mines provident fund, family pension and bonus schemes act, 1948;", the 20 following shall be inserted, and shall be deemed to have been inserted with effect from the 1st day of may, 1973, namely:-"and claims in relation to any other matter may be filed on behalf of all or any of the persons so employed or any group of such persons, by any trade union, registered under 25 the trade unions act, 1926, or, where no such claim has been 16 of 1926 filed by any trade union, by the chief labour commissioner (central) appointed 'by the central government or any officer subordinate to him;"; (ii) in the proviso, after the words "the coal mines prtjvi- 30 dent fund commissioner", the followin/t shall be inserted, and shall be deemed to have bem inserted with effect from the 1st day of may, 19'73, namely:-"or the trade union or the chief labour commissioner (central) or any officer subordinate to him"; 35 (b) after sub-section (2), the following sub-section shall be inserted, and shall be deemed to have been inserted with effect from the 1st day of november, 1975, namely:-"(3) where any claim, not being a claim which was timebarred on the 31st day of ,january, 1973, was prefei'l'ed under sub- 40 section (1) within the period specified therefor and was rejected mt'rely on the ground that such claim was time-barred, such claim shall be deemed not to have been rejected and the commissioner shall restore on his file such claim and shall deal with it in the manner specified hi section 23" 45 j -1-j ' 1( in seq'tion 23 of the coal mines act,-(a) after sub-section (6), the following sub-section shall be inserted, namely:-"(6a) the commissioner may, on receipt of a claim,-(a) elect to ,settle the dalm himselfj or 5 (b) transfer the claim for settlement to 8 person authorised in this behalf under sub-section (2) of section 17; or 10 (c) withdraw the claim from the person referred to in clause (b) and either settle the claim himself or transfer it for disposal to any other person who has been authori~ in this behalf under sub-section (2) of section 17"; (b) in sub-section (7) ,-(i) for the woz:ds "a 'claimant who is dissatisfied with the decision of tpe commissioner may prefer an appeal against the decision", the words "a claimant or owner who is dissatisfied with the decision of the commissioner may, prefer an appeal within a period of sixty days from the date of the decision," shall be substituted; 20 (ii) after the proviso, the following further proviso shall be inserted, namely:-"provided further that any appeal which has not been preferred before the date on which the coal mines nationalisation laws (amendment) act, 1978, receives the assent of the president, shall be preferred within a period of sixty days from such ~ate" 15 after section 23 of the coal mines act, the following section shall be inserted, namely:~ insertion of new section 23a u23a the provisions of section:; 5 and 12 of the limitation act, 1963, shall, so far as may be, apply to appeals under section 23" 36 ot 1963 30 appucation of sections 5 and 12 of the limitation act 16 after section 24 of the coal mines act, the following section shall be inserted, and shall be deemed to have been inserted with effect hom the 1st day of may, 1973, namely:-insertion of new section 24a 3s interest on admitted claims "24a notwithstanding any award, decree or order of any court, tribunal or other authority; passed before the appointed day, in relation to any coal mine, where any amount is payable in respect of a claim admitted under this act, the interest payable on sw:h  amount for any period after the appointed day shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the commissioner under section 13"  17 after section 25 of the coal mines act, the following section shall be inserted, namely:-insertion of new section 25a notice to owners of coal mlnesand managing contractors, etc "25a (1) after meeting the liabilities of persons whose claims have been admitted under this act, the commissioner shall notify, in such manner as he may think fit, the amount of money available 5 with him and sptecify in such notification a date within which the owners of the coal mines, the managing contractors and the owners of any machinery, equipment or other property which has vested in the central government or a government company under this act and which does not belong to the owners of the coal mines may 10 apply to him for payment (2) where any application is made under sub-section (1), the commissioner shall, after satisfying himself as to the right of the applicant to receive the whole or any part of the amount, pay the amount to the person concerned and in the event of there being is a doubt or dispute as to the right of the person to receive the whole or any part of the amount, the commissioner shall deal with the application in the manner specified in aub-section (2) of section 26" amendment of section 27 18 in section 27 of the coal mines act, for the words "three years from the last day on which the disbursement was made", the words!20 "three years from the day on which the last order for disbursement was made" shall be substituted amendment of section 30 19 in section 30 of the coal mines act, in sub-section (2), for the \vt)rck "with imprisonment for a term which may extend ·to two years and also with fine which may axtend to ten thousand rupees", the words 25 "yith imprisonment for a term which may extend to three years and ~lso witb fine which may extend to twenty 'thousand rupees" shall be substituted 20 every claim made, before the date on which this act receives the assent of the president, on behalf of all or any of the persons employed 30 by the owner of-(a) a coking coal mine or group of coking coal mines or a coke oven plant; or (b) a coal mine or group of coal mines, claims made on behalf of workmen by trade union, etc, to have effed or on behalf of a group of such persons, by a trade unioni registered 35 under the trade unions act, 1926, or the chief labour commissioner 16 f 1926 (central) appointed by the central government or any officer subor-0 - dinate to him, against such owner, and every action taken in relation to such claim shall be deemed to have been made or taken in the case of a coking coal if!ine or a coke oven plant, in accordance with the provisions 40 of the coking coal mines (nationalisation) act, 19'7'2, and in the case 36 of 1972 of a coal mine, in accordance with the provisions of the coal mines (nationalisation) act, 1973, as amended by this act, as if the relevant 26 of 1971 act, as amended by this act, were ii't force jt all material times , 1 after the nationalisation of coal mines in india under the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973, it was brought to light that certain provisions of these acts needed clarification it is, therefore, necessary to suitably amend these acts with a view to removing the ambiguities as well as certain practical difficulties which have come to light in the implementation thereof the main amendments are as follows:-(a) as doubts were expressed whether certain amounts like dues on account of the sale of coal and coal products effected before the date of nationalisation of coking coal mines and coal mines, subsidies due for the pre-nationalisation period and earnest monies and security deposits made by the owners of coal mines with the various authorities were covered by the exception to the assets vesting in the government on nationalisation, it is proposed to clarify in the said acts that current assets vesting in the government do not include such amounts (b) the said acts do not specify the interest rate admissible on the claimed amounts after the appointed day in the absence of such a provision, the secured creditors have included in their claims interest at very high rates which, if allowed, will deprive the lower priority creditors, mostly government organisations and small suppliers it is, therefore, proposed to insert a new secti:m in each of the said acts to provide that the interest payable on such amounts shall be at such rate not exceeding the rate of interest accruing on any amount deposited by the commissioner of payments with a nationa-' used bank or in the public account of india as required under the said acts , () (c) it is proposed to empower the commissioner of payments-(i) to authorise the persons appointed to assist him under the coking coal mines (nationalisation) act, 1972 to exercise all or any of the powers exercisable by llim under the act such a provision already exists in the coal mines (nationalisation) act, 1973; (ii) to transfer cases from one assistant commissioner to another or to himself; (iii) to issue a notification inviting the owners, managing contractors and such other persons who are owners of any machinery, equipment or other property which has vested in the central government or a government company under the act and which does not belong to the colliery owners to apply for the residuary amount lying with the commissioner of payments after settling all the claims (d) it is proposed to legalise joint claims filed by workers through trade unions or through the officers under the chief labour commissioner (central) against the colliery owners (e) such of the claims as had not been time-barred on the relevant date when the management of the coal mines was taken over by government and had been filed before the specified dates but had been rejected merely on the ground that such claims had become time-barred are proposed to be restored and dealt with (f) it is proposed to prescribe a period of sixty days within which appeals against the decisions of the commissioner of payments have to be filed and to apply the relevant provisions of the limitation act, 1963, to such appeals it is also proposed to extend the right of appeal to the colliery owners (g) it is proposed to provide that the period of three years after which undisbursed amounts shall revert to the general revenue account should be counted from the date on which the last order for disbursement was made by the commissioner of payments and not from the date on which the amount was paid by the government to the commissioner (h) with a view to dealing effectively with persons who indulge in illegal mining of coal, it is proposed to amend sub-section (2) of section 30 of the coal mines (nationalisation) act, 1973, by enhancing the punishment of imprisonment from two years to three years and of flne from ten thousand rupees to twenty thousand rupees 2 the bill seeks to achieve the above objects nrw dam; the 7th march, 1978 p ramachandran  annexure extracts from the coking coal mines (nationalisa'lion) act, 1972deftnitions, (36 of 1972) - - - - - 3 in this act, unless the context otherwise requires,-- - - - - (b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes-- - - - - (vi) all other fixed assets, movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside - explanation-"current assets" do not include dues from sundry debtors, loans and advances to other parties and investments, not being investments in the coke oven plant; - - - - (j) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes-- - - - - (xi) all other fixed assets, movable or immovable, anrt cu1'1'ent assets, belonging to a mine, whether within its premises or outside expzanation-"current assets" do not include dues from sundry debtors, loans and advances to other parties and investments not being investments in the coking coal mine; - - - - - 20 (1) - - - - - commissioner of payments to be appointed (2) the central government may appoint such other persons as it may think fit to assist the commissioner - - - - - 13 (1) - - - - - claims to be made to the commissioner f6 of 1948 (ia) without prejudice to the provisions of sub-section (1), claims in relation to a provident fund,' pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coking coal mine or group of coking coal mines or a coke oven plant may beflled on behalf of the persons so employed by the coal mines provident fund commissioner appointed by the central government under section 3c of the coal mines provident fund family pension and bonus schemes act, 1948; and the claims so made shall be deemed to have been made by the persons having a claim against the owner of a coking coal mine or group of coking coal mines or a coke oven plant, as the case may be: provided that no such claim shall be made by the coal mines provident fund commissioner in relation to a person who has already made a claim under sub-section (1)  - - - - - (10) a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the coking coal mine or coke oven plant, as the case may be, is situated: undisbursed or unclaimed amounts to be deposited to the general revenue account provided that where a person wh::l is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court for the state in which the coking coal mine or coke oven plant, as the case may be, is situated, and such appeal shall be heard and disposed of by nnt less than two judges of that high court  - - - - - 27 any money paid to the commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the commissioner to the general revenue account of the central government; but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue - - - - -  extracts from the coal mines (nationalisation) ac:r, 1973(26 of 1973) - - - - - definitions z in this act, unless the context otherwise requires,-- - - - - (h) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes-- - - - - (xii) all other fixed assets, movable and immovable, belonging to the owner of a mine, wherever situated, and current assets, belonging to a mine, whether within its premises or outsid,:and also any money lawfulily due to such owner in relarti~ to the mine in respect ot any period prior to the appointed day explanation-the expression "current assets" does not include dues from sundry debtors, ioans and advances to other patties and investments, not being investments in the coal mme; - - - - 18 (1) -                            -                                             -                                                              -                                                                                - payment b:pthe central government to the commissioner (2) in addition to the sum referred to in sub-section (1), the central government shall pay, in cash, to the commissioner, such amount as may become due to the owner of a coal mine in relation to any period, after the appointed day, during which the management of the coal mine remains vested in the central government  - - - - claims to be made to the commissioner 46 of 1948 zoo (1) ii< - - - - (2) without prejudice to the provisions of sub-section (1), claims in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coal mine or group of coal mines may be filed on behalf of the persons so employed by the coal mines provident fund commissioner appointed by the central government under section 3c of the coal mines provident fund, family pension and bonus schemes act, 1948; and the claims so made shall be deemed to have been made by the persons having a claim against the owner of a coal mine or group of coal mines: provided that no such claim shall be made by the coal mines provident fund commissioner in relation to a person who has already made a claim under sub-section (1) - - - - - 23 (1) -  - - - adm1jsion or rejection of claims (7) a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision, to the principal civil court of original jurisdietion within the,olocal limits of whose jurisdiction the coal mine is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court for the state in which the coal mine is situated, and such appeal shall be heard and disposed of by not less than two judges of that high court - - - - - undisbursed or unclaimed amounts to be deposited to the general revenue account  penalties 111 ally money paid to the commissioner which remains undisbursed or unclaimed for a period of three ye8ll's from the last day on which the disbursement was made, shall be transferred by the commissioner to the general revenue account of the central government; but a claim to any money so transferred may be preferred to the central government by the perion entitled to such payment and shall be nealt with as if such transfer had not been made, the order, if nny, for payment of the claim being treated as an order for the refund of revenue - - - - - •• (1) - - - - - (z) any person who engages, or causes any other person to be engaged, in winning or mining coal from the whole or part at any land in respect of which no valid prospecting licence or mining lease or wblease is in force, shall be punishable 'with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees - - - - - a bill further to amend the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973 (shri p ramachandran, minister of energy)    \' ; 