Coal Mines (Conservation & Development) Act, 1974An Act to provide for the conservation of coal and development of coal minesand far matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-fifth year of the Republic of India as follows :-
1. Short title, extent and commencement. -(1) This Act may be called he Coal Mines (Conservation and Development) Act; 1974.
(2) It extends to the whole of India.
(3) It shall come into force on such day as the Central Government may, by notification, appoint in this behalf.
2. Declaration as to expediency of control by Central Government. -It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation and development of coal mines o the extent hereinafter provided.
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 provide a 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 Chief Inspector of Mines and Inspector of Mines under the Mines Act, 1952 (35 of 1952), and the provisions of that Act shall apply to the Chief Inspector and to all Inspectors while exercising their powers 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 the Reserve 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 coal mine;
(j) "stowing" means the operation of filling, with sand or any other material, or with both, spaces left underground in coal mines by the extraction of coal;
(k) "washing" means such process or combination of processes as may be approved in this behalf by the Central Government by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom;
(l) "agent, "mine" and "owner" have the meanings respectively assigned to them in the Mines Act, 1952 (35 of 1952);
6. Imposition of excise duties. -(1) With effect from the appointed day, there shall be levied and collected on all coal raised and despatched, and on all coke manufactured and despatched, from the collieries in India such duty of excise, not exceeding rupees ten per tonne, as may be fixed from time to time by the Central Government by notification, and different rates of duty may be levied on different grades or description of coal or coke:
Provided that the Central Government may, by general or special order, exempt any special grade or grades or description of Coal and Coke from the levy of such duty of excise.
(2) For the purposes of sub-section (1), coal shall be graded by the Central Government in accordance with such specifications as may be laid down by that Government from time to time.
(3) All notifications issued under this section shall be laid, as soon as may be, before both Houses of Parliament.
8. Collection of excise duties, - (1) The duties of excise levied under section 6 shall be collected by such agencies and in such manner as may be prescribed.
(2) Where any duty of excise referred to in sub-section (1) cannot be collected in the manner prescribed under that sub-section it shall be recovered from the owner of the mine in the same manner as an arrear of land revenue.
9. Utilisation of proceeds of duties levied and collected under sections 6 and 7.- In each financial year a sum not exceeding the net proceeds (determined in such manner as may be prescribed) of the duties of excise and customs levied and collected under sections 6 and 7, respectively during the preceding financialyear or years shall be disbursed by the Central Government in accordance with such procedure as may be prescribed, to the owners, agents or managers of coal mines or to any other person for one or more of the following purposes, namely :-
(a) conservation of coal and development of coal mines;
(b) grant of stowing materials and other assistance for stowing operations;
(c) execution of stowing and other operations for the safety in coal minesor conservation of coal;
(d) prosecution of research work connected with the conservation and utilisation of coal; and -
(e) any other purpose connected with the conservation of coal or development of coal mines, or transportation, distribution or utilisation of coal :
Provided that the Central Government may disburse to the owners, agents or managers of coal mines or to any other person, a sum not exceeding the aggregate of the net proceeds of the duties of excise collected under section 8 of the Coal Mines (Conservation, Safety and Development) Act, 1952 (12 of 1952), and remaining undisbursed before the commencement of this Act for all or any of the purposes specified in this section.