COAL MINES (CONSERVATION AND DEVELOPMENT) RULES, 1975
COAL MINES (CONSERVATION AND DEVELOPMENT) RULES, 1975
Preamble - COAL MINES (CONSERVATION AND DEVELOPMENT) RULES, 1975
COAL MINES (CONSERVATION AND DEVELOPMENT) RULES, 1975
PREAMBLE
Whereas the draft of certain rules which the Central Government propose to make in exercise of the powers conferred by section 18 of the Coal Mines (Conservation and Development) Act, 1974 (28 of 1974) were published as required by sub-section (1) of that section at pages 233 to 341 of the Gazette of India Extraordinary, Part II, Section 3, Sub-section (1) dated the 12th February, 1975 under the notification of the Government of India in the Ministry of Energy (Department of Coal) No. G.S.R. 46(E), dated the 12th February, 1975 inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of thirty-five days from the date of publication of the said notification in the Official Gazette;
And whereas the said Gazette was made available to the public on the 12th February, 1975;
And whereas the objections and suggestions received on the said draft have been considered by the Government;
Now, therefore, in exercise of the powers conferred by section 18 of the said Act, the Central Government hereby makes the following rules, namely:--
Rule 1 - Short title and commencement
(1) These rules may be called the Coal Mines (Conservation and Development) Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 - Rule 2
In these rules, under the context otherwise requires
(a) "Account" means the "Coal Mines Conservation and Development Account" opened under Section 10 of the Act;
(b) "Act" means the Coal Mines (Conservation and Development) Act, 1974 (No. 28 of 1974);
(c) "Advisory Committee" means the Coal Conservation and Development Advisory Committee constituted under rule 10;
1[(ca) " agent", "manager" and "owner" when used in relation to a colliery shall have the meaning respectively assigned to them in the Mines Act, 1952 (35 of 1952)
(caa) "Bank" means the Accredited Bank,
(caaa) "coal" includes anthracite, bituminous coal or any other form of carbonaceous matter produced, sold, imported or marketed as coal;
"colliery" means any mine or open working where winning or extraction of coal is the principal object of the mining, quarrying or any other operation carried on therein and includes a plant for the production of coke or for the washing of coal;]
(d) "Coal Controller" means the person appointed as the Coal Controller by the Government of India;
1[(da) "disposal" includes agreeing or offering to dispose of, and the disposal of ownership or any proprietary interest, the right of possession and possession whether or not accompanied by any disposal of ownership or any proprietary interest or of the right to possession.]
(e) "Form" means a form appended to these Rules;
(f) "Section" means a section of the Act;
1[(fa) 'size' when used in relation to coal shall have the same specification as given, from time to time, by the Bureau of Indian Standards in their specifications number:IS437-1979.]
(g) "Treasury" means any Government treasury or sub-treasury.
For the purpose of conservation of coal the Central Government may under section 4 issue or cause to be issued an order in writing requiring the owner, agent or manager of any coal mine to undertake stowing in such manner and within such period as may be specified in the order.
Rule 4 - Contravention of directions
Any order issued under section 4 or sub-section (3) of section 11 shall be complied with by the owner agent or manager of the coal mine concerned within the period specified therein and failure to do so shall be denied to be a contravention of these Rules.
Rule 6 - Power of the Central Government to recover cost
(1) The Central Government may recover from the owner, agent or manager of a coal mine either wholly or partly the cost of such measures or operations as are undertaken by it under section 4, if it satisfied on consideration of all facts and circumstances that such recovery of cost is justified.
(2) The Central Government may permit the owner to meet either wholly or partly the expenditure on account of recovery of the cost mentioned in sub-rule (1) from out of the moneys at the credit of the Account.
Rule 7 - Supply of information
1[(1) Every owner, agent or manager, shall furnish to the Coal Controller such information regarding production and dispatch of coal, washery products from his mine or mines washery and process products, working methods and conditions in his mine or mines as may be specified by the Coal controller.
(2)2[Every owner, agent or manager shall furnish] to the Coal controller such other information regarding opening, re-opening, closure of mines and any other information as may be required by the Coal Controller in the prescribed media for data transfer.]
2. 3. Substituted by the Coal Mines (Conservation and Development) Second Amendment Rules, 2011 vide Notification No. GSR902(E) dated 27.12.2011 for the following : - "The Coal Controller shall furnish"
Rule 8 - Collection and assessment of excise duty
1[(1) The duties of excise levied under section 6shall be shown separately by the owner, agent or manager of a coal mine in-the bill prepared for the sale of coal and coke.
(2) The excise duty so levied shall be levied only on raw coal, raised, dispatched from the mine or used for coke making or for beneficiation to a coal washery and for soft coke, as the case may be, irrespective of the location or ownership of coal mine, coke plant and coal washery, and not on final product of the coke plant, coal washery and or any other process plant.
(3) Every owner, agent or manager of a coal mine shall maintain a request in Form 'A' showing the quantities of coal or coke actually dispatched during a month, particulars of the parties to whom these were dispatched and the prices charged therefore, and the amount of exercise duty payable during a month at the rates fixed under section; 6 shall be calculated and recorded in the register before the last day of the month following the month during which the dispatches were effected and which may be informed through prevalent media of data transfer electronically.
(4) Every owner shall be deemed to have been provisionally assessed to an amount calculated and recorded under sub-rule (3) as payable during a month and he shall pay the same into the bank, the remittance being creditable to the Central Government in a special account.- The payment shall be made within a period of ninety days from the close of the month during which dispatches were effected
(5) The payment under sub-rule (4) shall be made by means of Challans/Electronic transfer (Real Time Gross Settlement (RTGS)/National Electronic Fund Transfer (NEFT)) to the accredited bank. The accredited bank shall return one copy of the challan to the depositor who shall transmit this copy under sub-rule (6) to the Coal Controller.
(6) As soon as may be after the date of the payment of the duties of excise in the manner provided in sub-rule (5) and in any case not later than thirty days from the date of such payment, every owner of a coal mine shall submit to the Coal Controller a return in Form 'B' showing a quantities of coal or coke dispatched during the month in respect of which the payment has been made, the amount paid under sub-rule (5) and other particulars specified in that form and it should be informed by suitable electronic media (Real Time Gross Settlement/ National Electronic Fund Transfer (RTGS/NEFT)).
(7) The final assessment on annual basis of the duties of excise due from the owner of a coal mine shall be made by the Coal Controller after examination of the said return and other relevant documents if any. For the purpose of final assessment on annual basis under this sub-rule, the Coal Controller may depute a duly authorized officer to inspect and examine the account books and other records maintained at the premises of a coal mine and may by notice require, the owner to produce either personally or by his authorized representative the said records before the authorized officer at the time and place specified in the notice and also may require electronically data transfer.
(8) If the owner has paid the duties of excise provisionally assessed under sub-rule (4) and has submitted the monthly return under sub-rule (6), the Coal Controller shall either confirm that the amount of duty provisionally assessed under sub-rule (4) is final and send an intimation to that effect to the owner or assess the additional amount found due and issue a notice calling upon the owner to pay into the bank by specified date the additional amount so found due in the manner specified in sub-rule (5) or if the amount paid under sub-rule (4) is found to be in excess of the amount due refund the excess so paid to the owner.
(9) If the owner has not made any payment under sub-rule (4), and has not submitted the monthly return under sub-rule (6), the Coal Controller shall, after giving the owner a reasonable opportunity of being heard, assess him to such an amount of duties of excise as in his opinion is fit and proper and issue a notice calling upon him to pay the full amount into the bank, by a specified date, in the manner prescribed in sub-rule (5).
(10) Any dues of excise duty remaining unpaid after the date specified by the Coal Controller shall be recovered from the owner of the coal mine as an arrear of land revenue and shall be credited to the Central Government.
Towards this, the Coal Controller will raise a recovery certificate as arrear of land revenue to the concerned Collector/State Authority in the area.
(11) In calculating the amount of duties of excise payable on any one consignment any paisa shall be rounded off to the nearest five paise or multiple of five paise and the actual weight of a consignment shall be rounded off to the nearest tonne.]
(1) Any owner of a coal mine, aggrieved by an order of final assessment under1[sub-rule (7)] of rule 8 may submit an application to the Coal Controller for the review of the order of final assessment within thirty days of the receipt of notice of such assessment.
Provided that no such application shall be entertained unless the amount assessed has already been paid in the manner specified in2[sub-rule (6)] of that rule.
(2) After examination of the records relating to the assessment and after hearing the owner, if such owner requests for such hearing,--
(a) if the Coal Controller is satisfied that the excise duty assessed and paid by the owner is in excess of the amount due, he shall order refund to the owner of such amount as may have been paid in excess; or
(b) if, on the other hand, the Coal Controller is satisfied that the assessment has been made correctly he shall confirm his order of assessment.
Rule 10 - Composition and functions of the Advisory Committee
(1) For the purpose of determining the procedure for the disbursement of the net proceeds under section 9 and the manner in which, and the conditions subject to which, sums at the credit of the Coal Mine Conservation and Development Account may be applied the Central Government may constitute an Advisory Committee, to be called the "Coal Conservation and Development Advisory Committee" to advise that Government.
1[(2) The Advisory Committee shall consist of the following members, namely-
(i) Additional Secretary (Coal), Ministry of Coal ex-officio who shall be the Chairman;
(ii) financial Adviser and Joint Secretary, Ministry of Coal ex-officio, (member)
(iii) Advisor (Projects). Ministry of Coal (member)
(iv) Director General Mine Safety, Ministry of Labour ex-officio (member).
(viii) Chairman-cum-Managing Director, Central Mine Planning & Design Institute (Member)
(ix) Director (Technical), Coal India Ltd.
(x) Director (Technical), SCCL
(xi) Director, Central Institute of Mining & Fuel Research, Dhanbad ex-officio (member)
(xii) Coal Controller, Ministry of Coal - member secretary
(xiii) Two representative of private captive coal producing organizations to be nominated by the Central Government.]
(3) Without prejudice to the generality of the provisions contained in sub-rule (1), the functions of the Advisory Committee shall be--
(a) to advise the Central Government regarding the formulation and implementation of a national policy in relation to the conservation, development and scientific' utilisation of the coal reserves of the country keeping in view the recommendations that may be made in this regard by the Central Mine Planning and Design Institute, Coal Mines Authority Limited;
(b) to recommend measures which should be taken for--
(i) ensuring the conservation of the coal resources;
(ii) undertaking the development of the coal mines in a scientific manner;
(iii) undertaking research in relation to conservation of coal, development of coal mines and utilisation of coal
2['(iv) undertaking formulation and implementation of national policy on Mine Closure Plan of Coal(including Lignite) mines.]
(v) better utilisation of coal;
(c) to recommend the classes, grades or sizes into which coal or coke may be categorised;
(d) to recommend the rates at which duties of excise may be imposed on coal or coke;
(e) to advise the Central Government on the disbursement of net proceeds of duties of excise and customs levied and collected under section 6 and 7 respectively, as also the net proceeds of the duties of excise collected under section 8 of the Coal Mines (Conservation, Safety and Development) Act, 1952 and remaining undisbursed to the owners, agents or managers of coal mines or to any other person for all or any of the purposes mentioned in section 9;
(f) to advise the Central Government on the manner in which and the conditions subject to which financial assistance might be granted under the Act;
(g) to advise the Central Government regarding the procedure that should be adopted for carrying out examinations, inquiries and inspections in order to ascertain whether the financial assistance granted under the Act is being or has been utilised for the purposes for which it was sanctioned, as also to ascertain whether the provisions of the Act or rules and orders made thereunder are being complied with;
(h) to recommend to the Central Government the action that should be taken against those who make any default in complying with the provisions of the Act, or of the rules and orders made thereunder, as also in implementing the schemes and measures for conservation and development sanctioned under the Act.
(4) The Advisory Committee shall meet when required by the Central Government to do so and shall have the power to regulate its own procedure.
(5) The non-constitution of the Advisory Committee or the existence of any vacancy therein shall not render invalid the disbursement of any amounts under section 9 or any application of sums out of the sums standing to the credit of the Coal Mine Conservation and Development Account.
Rule 11 - Determination of net proceeds of the duties of excise
For the purpose of section 9, the net proceeds of the duties of excise and customs levied and collected under sections 6 and 7 respectively, in a financial year, shall be determined after taking into account the total amount of the duties collected, the refunds granted, the amounts written off and the deduction towards the cost of collection of such duties as fixed by the Central Government.
Rule 12 - Purposes for which neb proceeds of the duties may be disbursed
For carrying out the purposes specified in section 9, the Central Government may, having regard to the recommendations of the Advisory Committee make disbursements to the owners, agents or managers of coal mines or to any other person from out of the amounts lying in credit with the Government on account of duties of excise and customs collected under the Act, and the said purposes may include one or more of the following, namely:--
2. Omitted by the Coal Mines (Conservation and Development) Amendment Rules, 2011 vide Notification No. GSR291(E) dated 31.03.2011 for the following : - "(iii) Special mining techniques obviating sand stowing."
6. Substituted by the Coal Mines (Conservation and Development) Amendment Rules, 2011 vide Notification No. GSR291(E) dated 31.03.2011 for the following : - "(i) Transportation of coal and sand through pipelines."
7. Omitted by the Coal Mines (Conservation and Development) Amendment Rules, 2011 vide Notification No. GSR291(E) dated 31.03.2011 for the following : - "(ii) Other modes of transport, including inland waterways."
8. Substituted by the Coal Mines (Conservation and Development) Amendment Rules, 2011 vide Notification No. GSR291(E) dated 31.03.2011 for the following : - "(v) Assessment of ventilation and other environmental conditions in mines and development of standards."
9. Omitted by the Coal Mines (Conservation and Development) Amendment Rules, 2011 vide Notification No. GSR291(E) dated 31.03.2011 for the following : - "(vii) Development of instruments for measuring and recording mine gases."
Every owner, agent, or manager of a coal mine or group of coal mines or any other person desirous of obtaining financial assistance, under the Act, shall submit his proposals to the1[Coal Controller].
Assistance shall be granted by the Central Government with due regard to the circumstances of each case.
Rule 15 - Acceptance of conditions attaching to the grant of assistance
Before granting assistance under these rules, the Central Government may specify the conditions to be fulfilled by the owner, agent or manager of a coal mine or any other person to whom assistance is proposed to be granted, and secure the acceptance in writing by such owner, agent or manager of the coal mine or other person of such conditions.
Rule 16 - Maintenance of accounts
(1) The owner, agent or manager of a coal mine or group of coal mines or any other person to whom any money is disbursed under section 9 shall maintain or cause to be maintained a Statement of Receipts and Payments in respect of the Account.
(2) Such Statement shall be examined and audited as provided in sub-section (3) of section 10.
Rule 17 - Submission of Annual Reports
Every person to whom the money has been disbursed under section 9 shall submit to the1[Coal Controller] by 30th September in each year an Annual Report regarding the utilisation of the assistance received by him during the previous financial year along with a copy of the Statement of Receipts and Payments, together with the Auditor's Report in respect of the Amount and the Statement of Receipts and Payments.
Rule 18 - Duties regarding information and inspection
(1) Every owner, agent or manager of a coal mines or any other person who has obtained financial assistance under the Act shall on request promptly furnish to the Central Government, the Coal Controller or any other person duly authorised by the Central Government such information, plans and drawings, as may be required by the Central Government, for any purpose in furtherance of the objects of the Act.
(2) Every owner, agent or manager of a coal mine or any other person who has obtained assistance under the Act shall afford the Chairman and the Members of the Advisory Committee, the Coal Controller or any other person duly authorised by the Central Government in this behalf all reasonable facilities for inspection of the coal mine and the records in relation to the utilisation of the assistance as may be necessary for carrying out the objects of the Act.
Rule 18A - Categorisation of coal
1[The Central Government may, by notification in the Official Gazette, prescribe the classes, grades and sizes into which coal may be categorized and the specifications for each such class, grade or size of coal.
1. On the basis of the categorization notified by the Central Government under rule 3, the Coal Controller shall lay down the procedure and method of sampling and analysis of coal for the purpose of declaration and maintenance of grades of coal mined in a colliery.
2. The owner, agent, manager of a colliery shall declare the classes, grades or sizes of the coal of any seam or section of a seam in a colliery in accordance with the procedure specified in sub-rule(i).
3. The owner, agent or manager of the colliery shall allow the inspection of the colliery undertaken by the Coal Controller or any officer authorized by him in this regard so as to ensure the correctness of the class, grade or size declared. During inspection, if the Coal Controller or the officer authorized by him decides to draw sample, the owner, agent or manager of the colliery shall provide all necessary facilities and assistance for drawing such sample.
4. If after inspection or from the sample drawn, the Coal Controller is satisfied that the grade as declared by the owner, agent or the manager of the colliery does not conform to the grade notified under clause (iii) of this rule the owner, agent or manager of the colliery shall be bound to revise the grade as per the direction issued by the Coal Controller.
5. If any dispute arises between a consumer and a owner of a colliery regarding the declaration of grades of coal, the same may be referred to the Coal Controller whose decisions shall be binding on the owner of the colliery. A memorandum of reference to the Coal Controller regarding such dispute shall be accompanied by a Ice of rupees two thousand and five hundred and in such manner, as may be specified by the Coal Controller, from time lo time.
Rule 18C - Submission of returns and information lo Coal Controller
Every owner of a colliery and every person engaged in the business of production. supply and distribution of. or trade and commerce in coal, on being directed to do so by the Coal Controller shall submit such returns and other information, within such time, as may be specified in the direction.
Rule 18D - Directions to regulate the disposal of coal stocks
(1) The Central Government may, from time to time, issue such directions as it may deem fit to any owner of a colliery regulating the disposal of stocks of coal or of the expected output of coal in the colliery during any period.
(2) For the purpose of conservation of coal, the Central Government may, by order in writing issue such directions as it deems fit for ensuring economy in the use of coal and, for the purpose of verifying whether such directions have been or are being complied with, call for such information and returns from consumers as it considers necessary and arrange for the inspection of stocks of coal and coke held by consumers.
Rule 18E - Power of the Coal Controller for quality surveillance
The Coal Controller or any other officer authorised by him in writing shall be competent to,--
(a) cause the owner, agent or manager of a colliery or any person engaged in or incharge of the loading of coal in wagons, trolleys or trucks in a colliery to adjust the loading according to the procedure laid down by the Coal Controller regarding grades and size of coal and to remove impurities like shales and stones from the wagons, trolleys or trucks loaded with coal.
(b) detain the wagons, trolleys or trucks at the colliery or weighbridge for adjustment of loading after inspection, and
(c) return the wagons, trolleys or trucks to the colliery from Weighbridge for unloading and reloading with the specified quantity and quality of coal.
Rule 18F - Power to prohibit or limit the mining or production of coal
The Central Government may issue such direction as it may deem fit to any colliery owner prohibiting or limiting the mining or production of any grade of coal and the colliery owner shall comply with such directions.
Rule 18G - Requirement of prior permission to open a coal mine, seam or section of a seam
(1) No owner of a colliery shall open a coal mine, seam or a section of a seam without the prior permission in writing of the Central Government.
(2) No owner of a colliery shall also commence mining operations in a colliery or seam or a section of a seam, in which the mining operation has been discontinued for a period exceeding one hundred and eighty days, without the prior permission in writing of the Central Government.
Rule 18H - Notice of suspension or closure
If the mining operations in a coal mine or seam or a section of a seam is suspended or closed temporarily or permanently, as the case may be, for any reason whatsoever, then, a notice of such suspension or closure shall be given by the owner, agent or manager of the colliery within a period of thirty days from the date of such suspension or closure to the Coal Controller.
Rule 18I - Power to restrict sub-division of a coal mine
No owner of a colliery or a group of collieries which has been permitted under rule 18G to work as a single mining unit or which has been working as a single unit at the time of commencement of this order, shall be allowed to sub-divide his mining unit or to work as a separate unit without the prior permission of the Central Government.
Rule 18J - Power to Inspect collieries
The
Coal Controller or any other Officer authorised by him in writing, may,-
(a)
require any owner or agent or manager of a colliery to give any information in
his possession relating to the production of coal in the coal mine or seam or
section of a seam showing full boundaries of the leasehold area and plan of
abandoned area, flooded area and area which has been or is on fire,
(b)
ask for production of any document, register and working plan.
(c)
inspect any mine plan in the possession of owner or agent or manager of a
colliery and
(d)
enter and inspect any colliery.
Rule 18K - Power to Monitor Mine Closure and operate the escrow account formed for funding Mine Closure Activity
The
Coal Controller or any other officer authorized by him in writing may with a
view to securing compliance of this order, -
(a)
Require any owner or agent or monitor of a colliery to give any information in
his possession regarding to implementation of approved mine closure plan;
(b)
Inspect the closure activities being conducted at the mine and direct for any
additional jobs to be carried out to fulfill the conditions of Mine Closure
Plan;
(c)
Coal Controller shall issue Mine Closure Compliance Certificates based on which
the reclaimed leasehold area or any structure thereon which is not to be
utilized by the mine owner shall be surrendered to the State Government
following a laid down procedure which are in vogue at that point of time.
Rule 18L - Delegation of powers to Coal Controller
The powers of the Central Government specified under rules 18D, 18E, 18G18I, 18K may be delegated by notification in the Official Gazette to the Coal Controller.]
Rule 19 - Penalty for contraventions
Any contravention of these rules shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.
Rule 19A - Protection of action taken in good faith for any damage caused or likely to be caused in pursuance of these rules
Any person aggrieved by the order passed under these rules may within thirty days from the date of receipt of such order prefer an appeal before Central Government.
Rule 20 - Repeal
The Coal Mines (Conservation and Safety) Rules, 1954 are hereby repealed.
