 ' 7nov, bill no i" cd 1188 tiu; coal mines nationalisation laws (amendment) bill, 1985 - billjurthe,· to (trttf!nd the coking coal mines (nationalisation) act, 1972 an" the coal mines (nationalisation) act, 1973 bli: it enacted by parliament i~ the thirty-seventh year of the pepuolic of india as follows:-: 1 (1) this act may be called the coal mines nationalisation laws short (~endment) act, 1986 title and commence mel\t 3801 1972 5 (2) save as otherwise expressly provided, the amendments to the oclking coal mines (nationalisation) act, 1972 shall be deemed to h~ve come into force on the 1st day of may, 1972 and the amendments to the coal mines (nationalisation) act, 1973 shall be deemed to have t"ome into force on the 1st day of may, 1973, and the remaining provisions 10 of this act shall be deemed to have come, into force on the 7th day of october, 1986 2 (1) in section 4 of the c«;iking co~l mines (nati«;lnali~ation) ad, a~ 8ieuot se, • ip~ (hereinafter referred to as the coking coal act), sub-section (2) shall be omitted and shall be deemed to have been omitted with ef!eet  ,  j1 f~om tbe 1st day of june, 19"l2 (2) the omission of sub-section (2) of section ·4 of the coking coal act by tlub-section (1) of this seetlon shall not dect the previous operation of the provisions: of the said sub-section (2) or anything duly done or suffered thereunder  i 3 in iection 6 of the cokin! coal _~ct,­(a) in sub-section (1) ,-(i) for the wor"! "as if ~ minin~ leale", the words "as it - fresh mining lease" shall be substituted: (ii) "for the wo~i "being the entire period", the warch "hau be the mutm\ud period" ihall be subtituted; (b) in sub-section (z), tb worda ii, on the same term and conditions on which til 1  wu held on the appointed day," shall be omitted 4 section 10 of the coking coal act shall be renumbered as subsection (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-amendment of section 10, "(2) for the removal of doubts, it is hereby declared that the amount specified in the fifth column of the first schedule against 10 any coking coal mine or group of coking coal mines specified in the second column of the said schedule and required to be given by the central government to its owner under sub-section (1) shall be deemed to include and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or ,~ other assets referred to in clause (j) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coal or other assets", 5 section 11 of the coking coal act shall be renumbered as subsection (1) thereof, and after sub-section (1) as so re-numbered the go following sub-section shall be inserted, namely:-amendmentor section 11, "(2) for the removal of doubts, it is hereby declared that the amount specified in the fifth column of the second schedule against any coke oven plant specified in the second column of the said sch~du]e and required to be given bv the central government to g5 ,ts owner under sub-section (1) shall be deemed to includ'!, and deemed always to have included, the amount required to be paid to such owner in respect of all coke in stock or other assets referred to in clause (b) of section 3 on the date immediately bef('lre the appointed day and no further amount shall de payable ie the 30 owner in respect of such coke or other assets" 8, for section 17 of the coking coal act, the fol1owing section shall be substituted, namely:-' subetitu tion of new section for section 1'1 "17, notwithstandin~ anvthtng eontained in the industrial l)isputes act 1947 or in any other law for the time being in force, the 35 it oc lm'r services of any offteer or other emnlovee emnloved 'in a colctnl!' coal m;ne or coke oven plant shall b  usble to be trrnsfetted to anv other rn1d,,~ coal mine or coke oven niant rnd siich ft~"qfpr qhrll not ,"tttle such offtcer or other emnlovp", to anv c'omnensrtion un~er this act or any other law for the time being in force and no su~h ~ claim shall be entertained by any eo~, tribun~ or otber _ytl\orityn, liability of d1fteer or other employ" of a cokingcoal mine or aoke o't'en plant for transfer to any other_ in, cea1 mid •• coke 0\f8 ,  '"  , 7 in section 21 of the cokida coal act,-amendment of section 21 5 (a) in sub-section (2), the words, figures and letters ", and simple interest at the rate of four per cent per annum on such amount for the period commencing on the 1st day of april, 1973 and ending on the date of payment of such amount to the commissioner" shall be inserted at the end; (b) in sub-section (5), the words, brackets and figure "and shall also be payable to the commissioner in addition to the sum referred to in sub-section (1)" shall be inserted at the end 10 8 in section 22 of the coking coal act,-(a) for sub-section (4), thlt following sub-section shall be s~b stituted, namely:- amendment of section 22 15 sao "(4) the liabilities of the coking coal mine or the coke oven plant (not being liabilities arising out of advances made by the central government or the government company), which could not be discharged by the appointed day, may be discharged by the central government or the government company up to the specified date out of the realisations effected before or after the appointed day or out of advances or borrowings made up to the specified date and every payment so made shall be included in the statement of accounts as on the date immediately before the appointed day indicating therein the period in relation to which the payments were made and the payments so made shall not be called ill question in any court: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be"; (b) after sub-section (7), the following sub-section and e:c[jlana~ tion shall be inserted, namely:-- (8) the statement of accounts audited under sub-section (6) shall, unless the contrary is proved-, be conclusive proof in respect of every matter entered therein 35 explanation-for the purposes of this section, "statement of accounts" means a statement in the form of receipts and payments, and does not include any statement that may be prepared as a result of the closing and balancing of the books for the preparation of the profit and loss account and balance-sheet or any statement prepared in accordance with the normal commercial practice' recovery of exceu payment t for hction 25 of the coldn, eoi aet, the following section shall sublltitu be substituted, ramei7:-tion ot new sec tion for rcuoi\ 25 '25 any amount in excess of payments over receipts in the ltatemet of accounts prepared under section 22 shall be deemed to be ad amount· advanced by the central government or the custo~ dian, as the case may be, for the, n't19nagement of a coking coal 'mini!! or a coke oven plant during the period in which the management of such mine or plant remained vested in the central government and the central governme!lt may make a claim to the commissioner for such excess payment and such claim shall have priority 9:v~r the 5 claims of all other unsc';ured creditors of the coking coal mine or coke oven plant expanation-iu th:::; section, "custodian" means the custodian appointed under the c,)king coal mines (emergency provisions) acl, 1971' 10 m otlw11  l'menc:\-  t  ii,!  nt of aecuon h10 in section 26 of the coking coal act, after sub-section (2) and befote the explanation  the following iub-section shall be inserted - namely:-"(3) where the amount specified in the fifth column of the first s~edule is relatdble to a group of coking coal mines, the commis- 15 sioner shall have power to apportion such amount among the owners of such group andin making such apportionment, the commissioner shall have regard to the highest annual production in the coking coal mine during the three years immediately preceding the appointed day_" :zo 2ft of ll'll 11 (11 in section '3 of the coal mines (nationallsation) act, 1973 (hereinafter referred to as the coal mines act) ,-amendment of aecqen 3 (a) sub-section (2) shall be omitted, and shall be deemed to have been omitted with effect from the 1st day of june, 1973; (b) in sub-sectl'l1 (4), the words, brackets and figures ", not- ~5 withstanding anything contained in sub-section (2), or in the provi!50 to sub-5ection (1) of section 3 of the coal mines (taking over of management) act, 1973," helli be omitted; 15 of 1971 (c) after sub-sect1on (4), the following sub-section shall be ~o 1naer't~d, namely:-"(5) if, aftel' ~ne appointed day, the central government i satilfted, whether from any information received by it or other-wlee, that there haa been any error, omission or misdescriptiod is ftlauojl to the particulars of a coal mine included in the sche-~ 01' tge imiiim aad addnu of the owner of any such coal mine, 35 it may, by notification, con-ect such error, omission or misdes- ~ crlption and on the issue of such notification, the relevant entrlet in the schedule shall be, and shall be deemed always to have , torrected ,aecordidsly: pnftiec;t ulat do, aueh correction in 'relation to the ownership 40 of a eoal mine shall be made where such (),,nersbtpfs in dispute  •   (a) the omission of sub-section (2) of section 3 of the coal mines act , claw (4) 01 lu~ection (1) of this 8ection shal,1~ot affect the previwe operation of the proviaiol18 of the said sub:section (2) or anythin, duly done or offered thereundep 4,~ 12 in ,section 4 of the coal mines act-(4) insub~seetiod (l) ,-(i) for the words ','as if rt min,ine l~ase" the words "as if & 'fresh iriiniiig lease" sj5all h" ;llh~tnuted; , ' i   (it')fbr& ~ tbw-ez\_'~'  ''ibt'a ¥the ibdimum periotf··~ be atibstittttea;(b) in sub-section (2) the words ", on the lame terms and cenditions on which the leue was held, inunediataly defore the appold~d 5 day," shall be owtted amenc!-ment of lec:t1on 10 13 section 8 of the coal mine' aetshan be tenumbet'ed tis sub-section (1) thereof, and after sub-section (1) as so renumbered, ~~ following 8ub1eclion shall be inserted namely:-"(2) for the removal of doubt it la hereby ~clafed that the amount $pecified in tile fifth column 6f tlle scliedu1eaiiii'iit any coal mine or group of coal mines apecifted in the &ecoid" cotumn of the did schedule and requited to be given by the ·cntril ocnernmeni to its owner under sub~ection(l), shall be deemed 110 melude, and deemed always to have included, the amounts requirea to be paid to "uch owner in respe'rt of all coal in stock or other 'assets referred to in clause (h) of section 2 'on the date finmediately before the appointed day and no further amount shall be payable to the owner in respect of tueb coal or ottmr~a8lets" 14 for section 14 of the coal mines act, the fonowing section shall 0 be ubstituted, namely;-3ubatlltutien of neweection lor aecwm 14  14 cii im7"14 notwithstanding anything contained tn the industrial dispute act, im7, or in any other law for the time being'in force, the services of any officer or other employee employed in a coal mine shall be liable to be transferred to any other coal mine and such tran!'lfer shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim hall be entertained by 8kj court, tribunal or other authority!'  15 in section 18 of the coal'mines aet __lial;!wty of oaleer or otdiiw employee of aeoal mine lor transfer to any , other cloal arlu ~ ~t~'t ~ ~i1 (a) in sub-section (2), tlie 'words figiires and leiters  , and simple inte1"estat the rate' 6f· tour per cent,· per annuin on such amount tor the period eouiiiiencli1g on tb'~ 1st "etay of july, 1'075 and ending on the ciidie of payment of l'bchamouflt to the cominiuioner" ahall be inaerted at the end; (ll) in s11b:sectf6h (5), tl1e'wo~, brac1i:ets and' figure "and shall also be payame'to the c6ifunii~{oiier m addition to the um referred to in sub-section (1) t, ahall be inserted at the end it in s~ction 19 of the coal'truies act-" (a) for sub-aeetion (4), the tollowing ,,~ ihall lje'tltl'bttituted, namely: - - t (4) the liabiliiiel of the cod mm (dot lmfbtg lta'bllftfa ~g out of advance made by the central government or the goverriiilent eompany), which eould nat he ditc:harged by the appotiited day, may s dilcharjed - tbe ci government or tho go~ent·cqmpany up to the specified date out of the reau-liations effected before or after the appointed duy or out of advances or bol'rowings made up to the specliie;:j late and every payment so made shall be included in the statement of accounts as on the date immediately ·before the appointed day indicatina 5 therein the period in relation to which the payments were made and the paymenta so made shall not be called in question in any court: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before 10 the specified date, shall be the liabilities of the owner of the coal mine"j (b) after sub-section (7), the followine sub-section and explanation shall be inaerted, namely:-'(8) the tatement of accounts audited under sub-section (6) 15 shall, unless the contrary is proved, be conclusive proof in resm pect of every matter entered therein expzanation-for the purposes of this section, "statement of accounts" means a statement in the form of receipts and pay~ ments, and does not include any statement that may be prepared 110 as a result of the closing and balancini of the books for the p~ paration of the prclfit and loss account and balance-sheet or any statement prepared in accordance with the normal commercial practice' - 17 for section 25 of the coal mines ad, the following ~ection shan 8s be substituted, namely:-8ubltitv-tio of 1;1 new_ tion for action 25 becove17 of exceas payments macleby ctral governmentor custodiie '25 any amount in excess of payments over receipts in the statement of accounts prepared under section 19 shall be deemed to be an amount advanced by the central government or the custodian, as the case may be, for the management of a coal mine during the so period in which the management of such coal mine remained vested in the central government and the central government may make a claim to the commissioner for such excess payment and such claim shall have pnority over the claims of all other unsecured creditors of the coal mine, including those referred to in sub-section (2) of 35 section 22-expzanation-in this section, "custodian" means the custodian appointed under the coal mines (taking over of management) act, 1973' 18 in section 26 of the coal mines act, after sub-section before the explanation, the following sub-section shall be (5) and 40 " inserted, namely:-  co (6) where the amount specified in the fifth cqlumn of the schedule" is relatable to a groud of coal mines, the commissioner shall have power to apportion such amount among the owners of 4' such group, and in makine such apportionment, the commissioner  shall have regard t8 the htghelt annual production in the coal mine  during the three yean immediately pucedine the appoidtea day" 19 notwithstanding any judgment, decree, order or· direction of vakda any court to the contrarytiad 10 15 slo (a) every amount paid to the owner of every coking coal mine or group of coking coal mines under section 10, or of every coke oven plant under section 11, of the coking coal act, or to the owner of every (;qui mine or group of coal mines under section 8 of the coal mines act (hereafter in either case referred to as the owner) shall he deemed to include and be deemed always to have included, the amounts required to be paid to the owner in respect of the coal  in stock or other assets, coke in stock or other assets, referred to in clause (j), or clause (b) of section 3 of the coking coal act or, as the case may be, coal in stock or other assets referred to in clause (h) of section 2 of the coal mines act, on the date immediately before the apopinted day as if the provisions of section 10, or section 11 of the coking coal act or, as the case may be, section 8 of the coal mines act, as amended by this act, had been in force at all material times, and no such payment shall be called in question in any court on the ground that it had not included the value of such coal or coke or other assets; ,,, (b) every statement of accounts or supplementary statement of accounts prepared by the central government or the government company under :-cction 22 of the coking coal act or under section 19 of the coal mines act, shall be deemed to have been validly prepared as if the l,rovi;ions of section 22 of the coking coal act or, as the case may be, section 19 of the coal mines act, as amended by this act h~d heen in force at au material times, and no such sta~ ment of accounts or supplementary statement of accounts shall be callcd in question in any court t)n the ground that it had not been prepared in accordance with the normal commercial practice or that any item has or has not been inc:1uded in such statement, and accordingly, no suit or other legal proceeding shall be maintained ef continued in any court,-35 (i) for the recovery of any sum on the ground that the amount paid to the owner under section 10 or section 11 of the coking coal act or under section 8 of the coal mines act, does not include the amoun ts required to be paid in respect of all coal or coke in stoek er other assets referred to in clause (a); or 45 (ii) for the recovery of any !um as being the excess of realisa-1ions over lbbilities on the ground that the statement of accounts ijr supplementary statement of accounts required to be prepared under section 22 of the coking cl)al act or, as the case may be, section 19 of the coal mines act, had not been prepared in accordance with the normal commercial practice or that any item has or has not been included in such statement  expzanation-in this section,-(a) "appointed day" meana,-(i) in relation to the cpkidg coal act, the let day of mlr i972j and '  (ii) _wmj~ w  ~ ~"'a~, ~ lit dp)" of ~7t(b) "re~~ti9m" ~ "·uapw_~ h"", ~ ",m, meaninp as in ,ection 22 of the cokine coal act or, u ~ <:~  may be, locti9" 19 of the coal minea act fa u) the c~l ¥i_ nat4cma1i •• ijqp xwi (~nwnent) o"di ~, 1~, is ~rti~y ~ (2) notwithstanding  u~h repeal, ~ything done or ~y action taker und~r the coking coal act or ~ coal min~ act, as amended by the 10 '~4 o~~, ~han be deeme(i t9 q,ave ~n d~ne or taken under· the cokii\g coal act 9r,  thj c ~ar bel ~ cqij }{1ne~ act, i1j ameij~ed by tnt ~ after the nationalisation ot coal mines in india under thtt cokinl coal mines (natlonalisation) act, 11172 (cokin, coal act) and the cold mines (nationalisation) act, 1973 (coal mines act), certain judicial llronouncements in regard to the interpretation of the provisions ot the said acts necessitated a few amendments in the relevant provisioll& of those acts 1t was also found necessary to remove certain ambijuities and difficulties in implementing those provisions the coal mines nationalisation laws (amendment) ordinance, 1986 (7 of 1986) was thus promulgated by the president on the 7th october, 1986 to make certain amendments in the above two acts some of the important amendments which the ordinance proposed were as follows:-ta) the definition of "mine" ill the coking coal act and the l:oal mines act included all coal and coke belonemg to the owner of the mine whether in stock or in transit and all coal under prod·uction in a mine on a day immediately pnor to the date on which thecoa1 mines were nationalised accordingly, the amounts specified in the schedules to the two acts included the value of the coke and cuaj in stock lying at the mines at the time of nationalisation th~ supreme court, however, in a recent case, while agreeing with the contention that the coke and coal stocks lying at the mine vested in the government as a result of nationalisation, took the view that the value of coke and coal stocks had to be taken into account for balancing the position of accounts as on the date immediately preceding the date of nationaiisation this would have involved double payment of the aiddunt in as much as the value of the cl)ke and coal stocks had already been included in the amounts mentioned jn the schedules to the acts against each coal mine in order to make the intention clear, sections 10 and 22 of the coking coal ak:t and sections 8 and 19 of the coal mines act were amended, retrospectively' to remove any doubts in the matter and to clarify that the amounts specified in the schedules to the relevant acts shau also be deemed to include the amounts required to be paid to the owner in respect of the stock of coke and coal or other assets referred to in the definition of "mine" in the relevant acts necessary provision v~1idating the action taken under the two acts wae also made (b) with the commencement of the coal mines (nationalisation) amendment act, 1976 on 29-4-1976, carrying on of coal mining operation or leasing for mining coal by any private party were ~rohibited thus, section 4 (2) of the coking coal act and section ;-1 (2) of the coal mines act became redundant and were omitted with effect from 29-4-1976, with a saving clause to protect action, if any, taken under the existing provisions a provision for correc1iun of an error, omission br mis-description was also added to section 3 of the coal mines act, on the lines ot a similar provision in the coking coal act (c) section 25 of both the acts was amended so as to clarity that any amount in excess of payment over receipts in the statement of accounts prepared by the coal companies shall be deemed to be the amount advanced by the central government or the custodian ' (d) section 26 of b~th the acts was also amended to empow~r th~ commi~ioner of paymentl$ to make apportionment of the amount ~~>ng tbe vapous owners on t1:le basis of the highest anll1:la1 pr¢uctior;l in tbe r~levant coal mines during the last 3 y~rs i~~~ia~ely px:eceding the appointed day 2 the bill seeks to replace the above mentioned ordinance it also seeks to make certain further amendments of a clarificatory nature, which have been explained in the memorandum annexed to this bill new delhi: vasant sa the the 6th nooember, 1986 clauses 7 and 15 of the bill, respectively, provide for tjle payment, by the central government, of simple interest at the rate of 4: per cent per annum on the management period surplus amount, to the ex04~'" of the coal mines nationalised under the coking coal act and the coal mines act fcu- the period commencing ~mediately after the lpeclfted date viz, 1-4-1973 under section 22 (3) of the coking coal act and 1-7-1973 under se~tiori 19 of the coal mines a<!t to the date of payment of the said amount to the commissioner expenditure on account of ~!lyment of interest under clauses 7 and 15 of the bill, if enactid would hkaiy to ,_ ,i, - , ",' - ~ be of the order of about rupees one crore however, t;tte am punt is :not chargeable to the consolidated fund of india inasmuch as the oovem'-ment companies were managing the coal mines before nationalisation on behalf of the' central government and on nationalisation, such coa1 mines vested in the government companies who had to pay the manap ment period surplus to the commissioner of 'payments immediately after the specified dates as the ways and me,ans ~sition 9f the ~ow,mm~~~ cornpanies were not comfortable, the government extended nen-plan support in the form of loan, a part of which was utiliseci for pa~~t of the management period surplus with simple int~t~st at the rate" ~ ~ ~r cent to the commissioner of payments ali the non-plan loan is repayable to government with interest, the question of outgo of funds from the consolidated fund of india does not arise ' 2 the bill, if enacted and brought into op~r,~ion, would not involve any expenditure from the consolidated fund of india  the coal mine nationalisation laws (amendment) bill, 1986 which aeeb to repeal and replace the coal mines nationalisation laws (amendment) ordinance, 1986, proposes to make the following modifications, apart hmn modifications of consequential or drafting nature in the provisions contained in the said ordinance, namely:- (vide clauses 2 and 11 of the bill)(1) the amendments made to section 4 of the coking coal act, and section 3 of the coal mines act are being made retrospective from 1~19'72 and 1-6-1973 respectively instead of from 29-4-1976 similarly, the amendments made by clauses 7 and 15 of the bill are being made retrospective from 1-4-1973 and 1-7-1976 respectively, which are the specifted dates in the aforesaid acts (3) clause 5 of the bill proposes to insert a new sub-section in section 11 of the coking coal act on the lines of sub-section (z) of section 10 of that act so as to avoid any possible litigation from the erstwhile owners of coke-oven jllants on the ground that the value of coke had not been included in the amount of compensation paid to them (3) sections 21 (5) and 18 (5) of the coking coal act and coal mines act respectively are being amended to provide for the payment of interest on the amount of compensation aleo to the commissioner (tnde clauses t and 15 of th4p bul),  extracts !-rom the coiong coal mines (nationallsa'l10n) act, 1972 (38 or 1972)  -  •acquisi· tion of riahts in coking coal mines 64 of 1971 central government to be the lessee of the state government (2) for the removal of doubts, it is hereby declared that if, after the appointed day, any other coal mine is found, after an investigation made by the coal board, to contain coking coal, the provisions of the coking coal mines (emergency provisions) act, 1971, shall, until that mine is nationalised by an appropriate legislation, apply to such mine  - - - - - 6 (1) where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coking coal mine, by a state government or any other person, vest in the central government under section 4, the central government shall, on and from the date of such vesting, be deemed to have become the lessee of -the state government or such other person, as the case may be, in relation to such coking coal mine as if a mining lease in relation to su~h coking coal mine had been granted to the central government under the mineral concession rules the period of such lease being the entire period for which such lease could have been granted by the state government or such other person under those rules and, thereupon, all the rights under such mining lease including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vest~d in, the central government (~) on the expiry of the tenn of any lease referred to in sub-section (1), such lease shall, if so desired by the central government be renewed, on the same terms and conditions on which the lease was held on the appointed day, by the lessor for the maximum period for which such lease can be renewed under the mineral concession rules   - - - - - 14 of 1947 employment of certain employees to coiltinue 1'1 (1) every person who is a workman within the meaning of the industrial disputer act, 1947, and has been, immediately before the appointed dav, in the employment of a cokin~ coal mine or coke oven plant shall become, on and from the appointed day an employee of the central govemment or, as the case may be: of the government company in which the ri~ht, title and interest of such mine or plant have vested under this act and shall hold office or' service in the cokin~ eaal mine or coke oven plant as the case may be on the same terms and conditions and with the same rijthts to pension in'atuitv and other matter!! as would have been admissible to him if the ri~hts in relation to such cokin~ coa1 mine or coke oven plant had not been transferred to and vested in the central government 01' government company as the case may be, and continue to de io unless and until his employ-14 of 1947 14 of 1947 ment in such coking coal mine or coke oven plant is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the central government or the government company (2) the central government or the government company in which the right, title and interest in relation to a coking coal mine or coke oven plant have vested, may employ, on mutually acceptable terms and 'conditions, any person who is not a workman within the meanlng of the industrial disputes act, 1947, and who has been, immediately before the appointed day, in the employment of a coking coal mine or coke oven plant, and on such employment the said person shall become an employee of the central government or the government company, as the case may be (3) save as otherwise provided in sub-sections (1) and (2), the services of every person elllllloyed by the owner or occupier of a coking ooal mine or coke oven plant before the appointed day shall stand terminated on and from the specifted date \ (4) notwithstanding anything contained in ~e industrial disputes act, 1947, or in any other law for the time being in force the transfer of the services of any officer or other employee f!'om a coking coal mine ol' coke oven plant to any other coking coal mine or coke oven p~8nt shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court: tribunal or other authority (5) where, under the terms of any contract of service or otherwise, any person whose service becomes terminated, or whose service hecomes transferred to the central government or a government company by reason of the provisions of tms act, is en\itled to any payment bv way of gratuity or retirement benefit or for any leave not availed of, or any other benefits, such person may enforce his claim a!!ainst the owner of the coking coal mine or coke oven plant, as the case mav be, but not against the central government or the government company  - - - - - - zl (1) - - - - payment by the central government to the commissions (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 coking coal mine or coke oven plant in relation to the period during which the management of the coking coal mine or coke oven plant remained vested in the central government - - - - - (5) interest accruing on the amount standing to the crec3it of the llcccunt referred to in sub-sectlon (3) shall ensure to the benefit of -the owner of the coking coal mine or coke oven plant, as the case may be  - - - - - 22 (1) - - - - - statemeat 01 m:eoudta mrelatioll to the period of managementby the centralgovernm8llt - te -(4) the liabilities of the coking coal mine or the coke oven plant (not being liabilities arising out of advances made by the central government or government company), which could not be discharged by the appointed day, may be discharged by the central government or the government company up to the specified date, and every payment made for the settlement with the owner shall be included in the statement of accounts as on the 30th day of april, 1972, indicating therein the period in relation to which the payments were made: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be  - - - - 25 every amount advanced by the central government or the custodian, as the case may be, for the management of a coking coal mine or coke oven plant shall be recovered from the income derived by such coking coal mine or coke oven plant in respect of the period during which the management of such mine or plant remained vested in the central government: amount advanced by the central governmmt how to bere-provided that where such incorpe is insuffic,ient to meet in full the covered total amount of the advances made by the central government or the custodian for the management of the coking coal mine or coke oven plant, the central government may make a claim to the commissioder for the deficiency of the amount so advanced and the claim in respect of such deficiency shall have priority over the claims of all other unsecured creditors of the coking coal mine or coke oven plant 64 of 1971 explanation-in this section, "custodian" means the custodian appointed under the coking coal mines (emergency provisions) act, 1971 - - - - - -  extraocts from the coal mines (nationalisation) act, 1973r (26 of 1973) - - - - - 3 (1) - - - - - 15 of 19tj acquisi_ tion of rights ot owners ;n respect of coal mines  is of 1973 (2) for the removal of doubts, it is hereby declared that if, after the appointed day, the existence of any other coal mine comes to the knowledge of the central government, the pr,?visions of the coal mines (taking over of management) act, 1973, shall, until that mine is nationalised by an appropriate legislation, apply to such mine - - - - - (4) where a mining lease stands terminated under sub-section (3), it shall be lawful for the central government' or a government, company or corporation owned or controlled by the central government to obtain, notwithstanding anything contained in sub-section (2), or in the proviso to sub-section (2) of section 3 of the coal mines (taking over of management) act, 1973, a prospecting licence or a mining lease in respect of the whole or part of the land covered by the mining lease which stands so terminated centrai sovemment to be the lessee of the state government ( (1) where the rights of an owner under any mining iease granted, or deemed to have been granted, in relation to a coal mine, by - state government or any other person, vest in the central government under section 3, the central government shall~ on and trom the date of such vesting, be deemed to have become the lessee of the state government or such other person, as the case may be, in relation to such coal mine as if a mining lease in relation to such coal mine had been granted to the central government and the period of such lease shall be the entire period for which such lease could have been granted by the state government or such other person under the mineral concession rules, and thereupon all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the central government (2) on the expiry of the term of any lease, referred to in subsection (1), such lease shall, if 10 desired by the central government, be renewed, on the same terms and conditions on which the lease was held, immediatel~ before t,he appointed day, by the lessor, foi1 the maximum period for which such lease can be renewed under the mineral concession rules  - - - - - kmploymentol certain employee to continue 14 (1) every person who is a workman within the meaning of the industrial disputes act, 1947, and has been, immediately before the 14 of 1947 appointed day, in the employment of a coal mine shall become, on and from the appointed day, an employee of the central government or, as the case may be, of the governme~t company in which the right, title and interest of such mine have vested under this act, and shall hold office or service in the coal mine with the same rights to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such coal mine had not been transferred to, and vested in, the central government or the government company, as the case may be, and continue to do so unless and until his employment in such coal mine is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the central government or the government company (2) the central government or the government company in which the right, title and interest in relation to a coal mine have vested, may employ, on mutually acceptable tenns and conditions, any person who is not a workman within the meaning of the industrial disputes act, 1947, and who has been immediately before the appointed day, in the employment of a coal mine, and on such employment the said person shall become an employee of the central government or the govemment company, as the case may be (3) save as otherwise provided in sub-seations (1) and (2), the services of every person employed by the owner or occupier of a coal mine before the appointed day shall stand terminated on and from the specified date 14ot 1947 (4) notwithstanding anything contained in the industrial disputes act, 1947, or in any other law for the time being in force, the transfer of tke services of any officer or other employee of a coal mine to any other mine shall not entitle such officer or other employee to any oompensation under this act or any other law for the time being in force and no such claim shall be entert~e(f by any court, tribunal or other authority (5) where, under the terms of any contract of service or otherwise, any person whose services become terminated or tnhose services become transferred to the central government or a government company by reason of the provisions of this act is entitled to any payment by way of gratuity or retirement benefits or for any leave dot avafied of, or any other benefits, such person may enforce his claim against the owner of the coal mine but not against the central government or the government company - - - - - 18 (1) -  -  - - paymlllt by the central govern ment to the commis~ionor (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 the period during which the management of the coal mine remains vested in the central government - - - - - (5) interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (3) shall enure to the benefit of the owners of coal mines 19 (1) - j:ip" • - - - - (4) the liabilities of the coal pine (not being liabilities arising oul of advances made by the central government or the government company), which could not be discna:rpd by the appointed day, may be state mentof aceounte in respect ofth8 period of managementb7 ue central govemment, etc 15 of 1973 amounts advbrced by the central govern ment how to be recovered disc~~~ge~by ~e oc~tr~ oqov~~en~oor ~e g~ye~e~t ~:mr~y ~p  to the specifi~ : 4a~, li;ndev~ry ''pa~~t ~~ ~adq~j l?e included' in the statement of accounts· as on the day immediately' before the appointed day, indicating therein the period in relation to which the payments were mad~: provided that the liabilities in relation to the period p,rior to the appointed day which have not been discharged on or before the speci1led date shall be the liabilities of the owner of the coal mine  - - - - - 25 every amount advanced by the central government or the custodian, as the case may be, for the management of a coal mine during the period in which the manageim!nt of such coal mine remained vested in the central government, shall be recovered from the income derived from the transactions which took place at any time after the commencement of the coal mines (taking over of management) act, 1973, but before the appointed day notwithstanding that such income was derlved after t~e appointed day: provided that where such income is insutdcient to meet in full the total amount of the advance made by the central government or tb custodian far the management of the coal mine, the central government may make a claim to the commissioner for the deficiency and thereupon the claim in respect of such deficiency shan have priority over the claims of all other unsecured creditors of the coal mine includtnjr those referred to in sub-section (2) of section 22 explanatw'i\-in this section, "custodian" means the custodian appoint~un4~_1h,;_~ min~s (taking over of management) act una  ,or:" - o·v - - -  '  a billfurther to amend the coking coal mines (nationalisation) act, 15m and the coal mines (nationalisation) act, una  (aft "'glmf sdthe~ mimater of e~) 