June 18,2019:
The Author, Shivani Rani is student of 3rd Year, BA.LLB, Aligarh Muslim University. She is currently interning with LatestLaws.com.
INTRODUCTION
Coal mines (conservation and development) Act, 1974 deals with the process of conserving the coal and development of coal mines. As we all know that coal is non renewable resource, it is better to conserve it for future and it became necessary to implement laws regarding coal's development. There were several developmental plans were introduced for coal conservation either before independence or after independence and this act is one of them.Q1. When did Coal Mines (conservation and development) Act, 1974 came into force?
Ans. This Act was came into force on 1st April 1975.
Q.2. What is the meaning of coal under Coal Mines (conservation and development) Act, 1974?
Ans. Definition clause of coal mines (conservation and development) act, 1974 defines coal as “coal" includes coke in all its forms but does not include lignite.
Q.3. What are the main objectives of Coal Mines (conservation and development) Act, 1974?
Ans. The main objectives of this act are as follows: -
- Infrastructural development of coal mines.
- To ensure achievement of Annual Action Plan for coal production.
- To improve efficiency of coal in India.
- Proper use of technology to reduce environmental externalities.
- To attracts private investments for coal production and conservation.
- Allocation of new coal blocks.
- To conservation and developmental process of coal.
Q4. What are the key provisions of coal mines (conservation and development) act, 1974?
Ans. Central government has power in respect of conservation of coal and development of coal mines. Section 4 of Coal Mines (conservation and development) Act, 1974 deals with the same.
Owner of coal mines can take steps when it is necessary for conservation and development of the same. He can execute operations if it is necessary for fulfilling the objectives of the act and for utilization of coal.
It is the duty of owner to open coal mines conservation and developmental account. He shall open a separate account in a scheduled bank, which will know as the “Coal Mine Conservation and Development Account’’. The money credited to this account will be use for fulfilling the object of this act.
The chief inspector or any inspector shall have power to investigate coal mines, as he think fits. If any pillar of coal mine is likely to collapse or mine become not a good place for working of human being then inspector shall inform the owner of the coal mine in writing.
Coal Board established under Coal Mines (conservation and development) Act, 1952, is dissolve under this act and all the powers vested under coal board is now performed by central government. All borrowings, liabilities and obligations of the Coal Board are now the borrowings, liabilities and obligations of central government.
If any suit, appeal or other proceeding in relation to the Coal Board is pending by or against of such Board, then the same shall not abate or discontinued, the suit appeal or other proceeding may be continued, prosecuted and enforced by or against the Central Government.
This act protects actions taken in good faith for the betterment of coal mines.
Q5.What is the role of central government for conservation of coal and development of coal mines with regard to Coal Mines (conservation and development) Act, 1974?
Ans. Central government has power in respect of conservation of coal and development of coal mines. If it is necessary to take steps for the objectives mentioned under this act, then it can do so.
Central government is satisfied with working of coal mines, it shall recover the cost from the owner, agent, or, manager of the coal mine. Central government by special or general order imposed duty over coal which may be either custom duty or excise duty.
Government shall have power to impose duty over coal which brought from outside the India.
This act dissolves the role of coal board and all the powers i.e., rights and privileges of board are vested under the control of central government. Government also maintains cash balances, reserve funds, investments, and money lying for coal mine safety. Accounts registers records and all other documents shall vest in the hands of central government.
Q6. What are the main functions of Coal Mines (conservation and development) Act, 1974?
Ans. Main function of the act is Conservation and safety in coal mines. Development and exploitation of coking and non coking coal and lignite reserve in India. It also works for the conservation of coal specifically and for the development of coal mines. All matters related to production, supply, distribution and price of coal deal under it. Stowing is also concerned under this act. There should be development of transport infrastructure in coal field area. This also protects environment that coal mines should not affect the same. Though there is not a specific provision for the same but it will not affect the action taken for the good cause of coal mines as well as environment. Research and development also made for the proper conservation of coal.
Q.7.What are the main purpose of early coal mines Acts and the purpose of Coal Mines (conservation and development) Act, 1974?
Ans. In 1952, the Coal Mines (Conservation and Safety) Act, 1952 was passed. The purpose of the Act was declared to be 'it is expedient in the public interest that the Central Government should take under its control the regulation of coal mines to the extent hereinafter provided'. Under this Act, the private ownership of coal mines was not disturbed, but mining operations were strictly regulated.
Where there is a dispute with regard to the declaration made by the Coal Board under the Coking Coal Mines (Emergency Provisions) Act, 1971, to the effect that a coal mine contains coking coal, the management of such coal mine shall, notwithstanding anything contained in the said Act, vest in the Central Government under this Act and nothing contained in the first mentioned Act shall apply, or be deemed ever to have applied to the said coal mine.
The purpose of Coal Mines (nationalisation) Act, 1973 - An Act to provide for the acquisition and transfer of the right, title and interest of the owner in respect of the coal mines specified in the schedule with a view to reorganising and re-constructing such coal mines so as to ensure the rational, 'co-ordinated and scientific development and utilization of coal resources consistent with the growing requirements of the country, in order that the ownership and control of such resources are vested in the state and thereby so distributed as best to sub serve the common good and for matters connected therewith or incidental thereto.
Whereas, the purpose of Coal Mines (conservation and development) Act, 1974, that an Act to provide for the conservation of coal and development of coal mines and for matters connected therewith.
Q.8. Is Coal Mines (conservation and development) Act, 1974 a major step towards coal mine's betterment?
Ans. Indeed, this act is the fortunate step towards the betterment of coal mines. Early act i.e., Coal Mines (conservation and development) Act, 1952, was not so much sufficient for coal mines conservation certain drawbacks were there, for example, coal board had much power than the central government. Whereas, later this new Act named Coal Mines (conservation and development) Act, 1974 introduced and it fulfill the demand for proper care of coal mines or for coal conservation.
Central government can impose duty on coal this act contains provision regarding transfer of service of exercising employees of coal board. Act protects action taken in good faith and for the conservation of coal and development of coal.
Q.9 What can be concluded by the Coal Mines (conservation and development) Act, 1974?
Ans. This is to conclude that Coal Mines (conservation and development) Act, 1974, simply a good act for new policies and for the betterment regarding coal mines and coal conservation.
Apart from the laws of this act new rules for the conviction of illegal miners should be imposed. Overall, reading and rules of this act are for conservation of coal and development of coal mines.
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