Tribh/MiningRegs huggingface dataset:
colliery control order colliery control order in exercise of the powers conferred by section read
with section of the essential commodities act of and in supersession of the colliery control
order except as respects things done or omitted to be done before such supersession the
government of india has issued a gazette notification on to publish the colliery control order
the content of the colliery control order is given below short title and commencement this
order may be called the colliery control order it shall come into force on the
st day of january definitions in this order unless there is anything repugnant in the
subject or context a coal includes anthracite bituminous coal lignite peat and any other form
of carbonaceous matter sold or marketed as coal and also coke b coal controller means
the person appointed as such by the central government under the provisions of the coal
controllers organisation group a posts recruitment rules c 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 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 of any proprietary interest or
of the right to possession e agent manager and owner when used in relation to
a colliery shall have the meanings respectively assigned to them in the mines act f
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 specification number is categorisation
of coal the central government may by notification in the official gazette prescribe the classes
grades and sizes into which coal may be categorised and the specifications for each such
class grade or size of coal procedure for categorisation of coal on the basis of
the categorisation notified by the central government under clause 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 page colliery control order the
owner agent or 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 subclause the owner agent or manager of the colliery shall
allow the inspection of the colliery undertaken by the coal controller or any officer authorised
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 authorised by him
decides to draw sample the owner agent or manager of the colliery shall provide all
reasonable facilities and assistance for drawing such sample 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
the owner agent or manager of the colliery shall be bound to revise the grade
as per the directions issued by the coal controller 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 decision 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 fee of rupees two thousand and five hundred and in
such manner as may be specified by the coal controller from time to time submission
of returns and information to 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 directions to
regulate the disposal of coal stocks 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 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 power to prohibit or limit the mining or production of coal the central
government may issue such directions as it may deem fit to any colliery page colliery
control order owner prohibiting or limiting the mining or production of any grade of coal
and the colliery owner shall comply with such directions requirement of prior permission to open
a coal mine seam or section of a seam 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 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 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 power to restrict subdivision of a
coal mine no owner of a colliery or a group of collieries which has been
permitted under clause 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 subdivide his mining unit or to work as a separate unit without the prior
permission of the central government power to inspect collieries the coal controller or any other
officer authorised by him in writing may with a view to securing compliance of this
order i 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 ii
ask for production of any document register and working plan iii inspect any mine plan
in the possession of owner or agent or manager of a colliery and iv enter
and inspect any colliery delegation of powers to coal controller the powers of the central
government specified under clauses and may be delegated by notification in the official gazette to
the coal controller power to exempt notwithstanding anything contained in this order the central government
may if it deems proper for avoiding any hardship or for any other just and
sufficient reason by notification in the official gazette exempt any colliery owner or any class
or category of person page
the coal bearing areas acquisition and development act arrangement of sections sections short title extent
and commencement definitions appointment of competent authority preliminary notification respecting intention to prospect for coal
in any area and powers of competent authorities thereupon effect of notification on prospecting licences
and mining leases compensation for any necessary damage done under section power to acquire land
or rights in or over land notified under section objections to acquisition declaration of acquisition
a special powers in cases of urgency vesting of land or rights in central government
power of central government to direct vesting of land or rights in a government company
power to take possession of land acquired compensation for prospecting licences ceasing to have effect
rights under mining leases being acquired etc method of determining compensation costs interest on awards
payment of compensation prospecting and mining to be done by central government in conformity with
the mineral concession rules a payment to state governments in lieu of royalty power to
delegate appeals power to obtain information power to enter and inspect penalties service of notices
and orders protection of action taken in good faith jurisdiction of civil courts power to
make rules notifications under act of in which proceedings are pending to be treated as
notifications under this act the coal bearing areas acquisition and development act act no of
th june an act to establish in the economic interest of india greater public control
over the coal mining industry and its development by providing for the acquisition by the
state of unworked land containing or likely to contain coal deposits or of rights in
or over such land for the extinguishment or modification of such rights accruing by virtue
of any agreement lease licence or otherwise and for matters connected therewith be it enacted
by parliament in the eighth year of the republic of india as follows short title
extent and commencement this act may be called the coal bearing areas acquisition and development
act it extends to the whole of india except the state of jammu and kashmir
it shall come into force on such date as the central government may by notification
in the official gazette appoint definitionsin this act unless the context otherwise requires a competent
authority means any person appointed to be a competent authority under section b government company
means a government company as defined in section of the companies act of in which
any land or rights in or over land shall have vested under section c mineral
concession rules means the rules for the time being in force made under the mines
and minerals regulation and development act of cc mining lease includes a mining sublease and
lessee shall be construed accordingly d the expression person interested includes all persons claiming an
interest in compensation to be made on account of the acquisition of land or of
the acquisition extinguishment or modification of any rights in or over land under this act
e prescribed means prescribed by rules made under this act f tribunal means the tribunal
constituted under section appointment of competent authoritythe central government may by notification in the official
gazette appoint any person to be the competent authority for the purposes of this act
and different persons may be appointed as competent authorities for different provisions of this act
and for different areas preliminary notification respecting intention to prospect for coal in any area
and powers of competent authorities thereupon whenever it appears to the central government that coal
is likely to be obtained from land in any locality it may by notification in
the official gazette give notice of its intention to prospect for coal therein every notification
under subsection shall give a brief description of the land and state its approximate area
on the issue of a notification under subsection it shall be lawful for the competent
authority and for his servants and workmen a to enter upon and survey any land
in such locality b to dig or bore into the subsoil th june vide notification
no sro e dated th june see gazette of india extraordinary part ii sec i
ins by act of s wef vide notification no so e dated th october this
act is made applicable to the union territory of jammu and kashmir and the union
territory of ladakh c to do all other acts necessary to prospect for coal in
the land d to set out the boundaries of the land in which prospecting is
proposed to be done and the intended line of the work if any proposed to
be made thereon e to mark such boundaries and line by placing marks and f
where otherwise the survey cannot be completed and the boundaries and line marked to cut
down and clear away any part of any standing crop fence or jungle provided that
no person shall enter into any building or upon any enclosed court or garden attached
to a dwelling house unless with the consent of the occupier thereof without previously giving
such occupier at least seven days notice in writing of his intention to do so
in issuing a notification under this section the central government shall exclude therefrom that portion
of any land in which coal mining operations are actually being carried on in conformity
with the provisions of any enactment rule or order for the time being in force
or any premises on which any process ancillary to the getting dressing or preparation for
sale of coal obtained as a result of such operations is being carried on are
situate effect of notification on prospecting licences and mining leaseson the issue of a notification
under subsection of section in respect of any land a any prospecting licence which authorises
any person to prospect for coal or any other mineral in the land shall cease
to have effect and b any mining lease shall in so far as it authorises
the lessee or any person claiming through him to undertake any operation in the land
cease to have effect for so long as the notification under that subsection is in
force compensation for any necessary damage done under section whenever any action of the nature
described in subsection of section is to be taken the competent authority shall before or
at the time such action is taken pay or tender payment for all necessary damage
which is likely to be caused and in case of dispute as to the sufficiency
of the amount so paid or tendered or as to the person to whom it
should be paid or tendered he shall at once refer the dispute to the decision
of the central government and the decision of the central government shall be final the
fact that there exists any such dispute as is referred to in this section shall
not be a bar to action under subsection of section power to acquire land or
rights in or over land notified under section if the central government is satisfied that
coal is obtainable in the whole or any part of the land notified under subsection
of section it may within a period of two years from the date of the
said notification or within such further period not exceeding one year in the aggregate as
the central government may specify in this behalf by notification in the official gazette give
notice of its intention to acquire the whole or any part of the land or
of any rights in or over such land as the case may be if no
notice to acquire the land or any rights in or over such land is given
under subsection within the period allowed thereunder the notification issued under subsection of section shall
cease to have effect on the expiration of three years from the date thereof objections
to acquisition any person interested in any land in respect of which a notification under
section has been issued may within thirty days of the issue of the notification object
to the acquisition of the whole or any part of the land or of any
rights in or over such land subs by act of s for granted to any
person under the mineral concession rules which authorises him wef the words granted to any
person under the mineral concession rules omitted by s ibid wef explanationit shall not be
an objection within the meaning of this section for any person to say that he
himself desires to undertake mining operations in the land for the production of coal and
that such operations should not be undertaken by the central government or by any other
person every objection under subsection shall be made to the competent authority in writing and
the competent authority shall give the objector an opportunity of being heard either in person
or by a legal practitioner and shall after hearing all such objections and after making
such further inquiry if any as he thinks necessary either make a report in respect
of the land which has been notified under subsection of section or of rights in
or over such land or make different reports in respect of different parcels of such
land or of rights in or over such land to the central government containing his
recommendations on the objections together with the record of the proceedings held by him for
the decision of that government for the purposes of this section a person shall be
deemed to be interested in land who would be entitled to claim an interest in
compensation if the land or any rights in or over such land were acquired under
this act declaration of acquisition when the central government is satisfied after considering the report
if any made under section that any land or any rights in or over such
land should be acquired a declaration shall be made by it to that effect and
different declarations may be made from time to time in respect of different parcels of
any land or of rights in or over such land covered by the same notification
under subsection of section irrespective of whether one report or different reports has or have
been made wherever required under subsection of section provided that no declaration in respect of
any particular land or rights in or over such land covered by a notification under
subsection of section issued after the commencement of the coal bearing areas acquisition and development
amendment and validation act of shall be made after the expiry of three years from
the date of the said notification provided further that where a declaration relates to any
land or to any rights in or over land belonging to a state government which
has or have not been leased out no such declaration shall be made except after
previous consultation with the state government every declaration shall be published in the official gazette
and a in any case where land is to be acquired shall state the district
or other territorial division in which the land is situate and its approximate area and
where a plan shall have been made of the land the place where such plan
may be inspected b in any case where rights in or over such land are
to be acquired shall state the nature and extent of the rights in addition to
the matters relating to the land specified in clause a and a copy of every
such declaration shall be sent to the state government concerned a special powers in cases
of urgencyif the central government is satisfied that it is necessary to acquire immediately the
whole or any part of the land notified under subsection of section or any rights
in or over such land the central government may direct that the provisions of section
shall not apply and if it does so direct a declaration may be made under
section in respect thereof at any time after the issue of the notification under section
vesting of land or rights in central government on the publication in the official gazette
of the declaration under section the land or the rights in or over the land
as the case may be shall vest absolutely in the central government free from all
encumbrances subs by act of s for certain words wef ins by s ibid wef
subs by s ibid for provided that where the declaration wef subs by s ibid
for the declaration wef ins by act of s wef ins by s ibid wef
where the rights under any mining lease granted or deemed to have been granted by
a state government to any person are acquired under this act the central government shall
on and from the date of such vesting be deemed to have become the lessee
of the state government as if a mining lease under the mineral concession rules had
been granted by the state government to the central government the period thereof being the
entire period for which such a lease could have been granted by the state government
under those rules power of central government to direct vesting of land or rights in
a government company notwithstanding anything contained in section the central government may if it is
satisfied that a government company is willing to comply or has complied with such terms
and conditions as the central government may think fit to impose direct by order in
writing that the land or the rights in or over the land as the case
may be shall instead of vesting in the central government under section or continuing to
so vest vest in the government company either on the date of publication of the
declaration or on such other date as may be specified in the direction where the
rights under any mining lease acquired under this act vest in a government company under
subsection the government company shall on and from the date of such vesting be deemed
to have become the lessee of the state government as if a mining lease under
the mineral concession rules had been granted by the state government to the government company
the period thereof being the entire period for which such a lease could have been
granted by the state government under those rules and all the rights and liabilities of
the central government in relation to the lease or the land covered by it shall
on and from the date of such vesting be deemed to have become the rights
and liabilities of the government company power to take possession of land acquiredthe competent authority
may by notice in writing require any person in possession of any land acquired under
this act to surrender or deliver possession of the land within such period as may
be specified in the notice and if a person refuses or fails to comply with
any such notice the competent authority may enter upon and take possession of the land
and for that purpose may use or cause to be used such force as may
be necessary compensation for prospecting licences ceasing to have effect rights under mining leases being
acquired etc where a prospecting licence ceases to have effect under section there shall be
paid to the person interested compensation the amount of which shall be a sum made
up of all items of reasonable and bona fide expenditure actually incurred in respect of
the land that is to say i the expenditure incurred in obtaining the licence ii
the expenditure if any incurred in respect of the preparation of maps charts and other
documents relating to the land the collection from the land of cores or other mineral
samples and the due analysis thereof and the preparation of any other relevant records or
material iii the expenditure if any incurred in respect of the construction of roads or
other essential works on the land if such roads or works are in existence and
in a usable condition iv the expenditure if any incurred in respect of any other
operation necessary for prospecting carried out in the land where the rights under a mining
lease are acquired under this act there shall be paid to the person interested compensation
the amount of which shall be a sum made up of the following items namely
i if the lease was granted after prospecting operations had been carried out in respect
of the land under a prospecting licence the sum of all items of reasonable and
bona fide expenditure actually incurred with respect to the matters specified in clauses i ii
iii and iv of subsection before the date of the lease subs by act of
s for granted by a state government wef provided that where two or more leases
had been granted in relation to any land covered previously by one prospecting licence only
so much of the expenditure aforesaid as bears to the total expenditure the same proportion
as the area under the mining lease in respect of which the rights have been
acquired bears to the total area covered by the mining leases shall be payable under
this clause ii any reasonable and bona fide expenditure of the nature referred to in
clauses i ii and iii of subsection actually incurred in relation to the lease together
with the salami if any paid for obtaining the lease iii the expenditure if any
incurred by way of payment of deadrent or minimum royalty during any year or years
when there was no production of coal iv interest on any such expenditure referred to
in clauses i ii and iii as has actually been incurred up to the year
in which the rights under the lease are acquired interest being calculated in the following
manner that is to say interest at the rate of five per centum per annum
in respect of the expenditure incurred during each calendar year for the first five years
commencing from the year in which such expenditure was incurred plus interest at the rate
of four per centum per annum in respect of each subsequent year after the expiration
of the first five years and ending with the year in which the rights under
the lease are acquired provided that the total sum payable under this clause shall not
exceed onehalf of the total amount referred to in clauses i ii and iii where
the rights under a mining lease acquired under section relate only to a part of
the land covered by the mining lease the amount of compensation payable shall be such
as bears to the total compensation which would have been payable if the rights of
the mining lessee in respect of the entire land had been acquired the same proportion
which the area of the land in respect of which the rights are acquired bears
to the total area of the land covered by the mining lease where a mining
lease ceases to have effect for any period under clause b of section there shall
be paid by way of compensation for the period during which the lease so ceased
to have effect a sum equivalent to five per centum of any such expenditure as
is referred to in clauses i and iii of subsection for each year during which
the lease remains suspended where any land is acquired under section there shall be paid
compensation to the person interested the amount of which shall be determined after taking into
consideration a the market value of the land at the date of the publication of
the notification under subsection of section explanationthe value of any minerals lying in the land
shall not be taken into consideration in determining the market value of any land b
the damage sustained by the person interested by reason of the taking of any standing
crops or trees which may be on the land at the time of the taking
possession thereof c the damage if any sustained by the person interested at the time
of taking possession of the land by reason of severing such land from other land
d the damage if any sustained by the person interested at the time of taking
possession of the land by reason of the acquisition injuriously affecting his other immovable property
in any other manner or his earnings e if in consequence of the acquisition of
the land the person interested is compelled to change his residence or place of business
the reasonable expenses if any incidental to such change and subs by act of s
for during the period commencing from the date of the lease and ending with wef
subs by s ibid for clauses ii and iii wef f the damage if any
bona fide resulting from diminution of the profits of the land between the time of
the publication of the notification under subsection of section and the time of the publication
of the declaration under subsection of section a in determining the amount of compensation for
any land acquired under section any increase to the value of the other land of
the person interested likely to accrue from the use to which the land acquired will
be put shall not be taken into consideration where any operation carried on by or
on behalf of the central government in the exercise of any powers conferred by this
act causes or is likely to cause damage to the surface of any land or
any works thereon and in respect thereof no provision for compensation is made elsewhere in
this act the competent authority shall pay or tender payment for all such damage and
in case of dispute as to the sufficiency of the amount so paid or tendered
or as to the person to whom it is to be paid or tendered he
shall refer the dispute to the decision of the tribunal no compensation under this section
in relation to maps charts and other documents shall be paid unless the person to
whom it is payable has delivered to the prescribed authority all the maps charts and
other documents method of determining compensation where the amount of any compensation payable under this
act can be fixed by agreement it shall be paid in accordance with such agreement
where no such agreement can be reached the central government shall constitute a tribunal consisting
of a person who is or has been or is qualified to be a judge
of a high court for the purpose of determining the amount the central government may
in any particular case nominate a person having expert knowledge in mining to assist the
tribunal and where such nomination is made the person or persons interested may also nominate
any other person for the same purpose at the commencement of the proceedings before the
tribunal the central government and the person interested shall state what in their respective opinions
is a fair amount of compensation the tribunal shall after hearing the dispute make an
award determining the amount of compensation which appears to it to be just and specify
the person or persons to whom the compensation shall be paid and in making the
award the tribunal shall have regard to the circumstances of each case and to the
foregoing provisions of this act with respect to the manner in which the amount of
compensation shall be determined in so far as the said provisions or any of them
may be applicable where there is a dispute as to the person or persons entitled
to compensation and the tribunal finds that more persons than one are entitled to compensation
it shall apportion the amount thereof among such persons and in such manner as it
thinks fit nothing in the arbitration act of shall apply to any proceedings under this
section the tribunal in the proceedings before it shall have all the powers which a
civil court has while trying a suit under the code of civil procedure of in
respect of the following matters namely i summoning and enforcing the attendance of any person
and examining him on oath ii requiring the discovery and production of any document iii
reception of evidence on affidavits iv requisitioning any public record from any court or office
and v issuing commissions for examination of witnesses costsevery award made by the tribunal shall
also state the amount of costs incurred in the proceedings before it and by what
persons and in what proportions they are to be paid ins by act of s
wef ins by s ibid wef interest on awardsif the sum which in the opinion
of the tribunal ought to have been awarded as compensation is in excess of the
sum which the central government has stated to be a fair amount of compensation the
award of the tribunal may direct that the central government shall pay interest on such
excess at the rate of five per centum per annum from the date on which
it became payable to the date of payment of such excess payment of compensation any
compensation payable under this act may be tendered or paid to the persons interested entitled
thereto and the central government shall pay it to them unless prevented by some one
or more of the contingencies mentioned in subsection if the persons interested entitled thereto shall
not consent to receive it or if there be any dispute as to the sufficiency
of the amount of compensation or the title to receive it or the apportionment thereof
the central government shall deposit the amount of compensation with the tribunal provided that any
person admitted to be interested may receive such payment under protest as to the sufficiency
of the amount provided further that every person who claims to be an interested person
whether such person has been admitted to be interested or not including the person referred
to in the preceding proviso shall be entitled to prefer a claim for compensation before
the tribunal provided also that no person who has received the amount otherwise than under
protest shall be entitled to prefer any such claim before the tribunal when the amount
of compensation is not paid or deposited as required by this section the central government
shall be liable to pay interest thereon at the rate of five per centum per
annum from the time the compensation became due until it shall have been so paid
or deposited prospecting and mining to be done by central government in conformity with the
mineral concession ruleswhere prospecting is done under this act by or on behalf of the
central government in any land situate within the jurisdiction of a state government or where
the central government or a government company has become the lessee of a state government
in respect of any land under this act the terms and conditions under which the
prospecting can be done or rights under the lease exercised shall as far as may
be be the same as the terms and conditions applicable to prospecting licences and mining
leases under the mineral concession rules and in case of doubt or dispute shall be
settled by arbitration or in such other manner as the central government and the state
government may decide a payment to state governments in lieu of royaltynotwithstanding anything contained in
this act where any land or any rights in or over land belonging to a
state government other than the rights under a mining lease granted or deemed to have
been granted by the state government to any person vest in the central government under
section or in a government company under section the central government or the company as
the case may be may pay to the state government such sum of money as
would have been payable as royalty by a lessee had such land or rights been
under a mining lease granted by the state government power to delegatethe central government may
by notification in the official gazette direct that all or any of the powers or
duties which may be exercised or discharged by it under this act shall in such
circumstances and under such conditions if any as may be specified in the notification be
exercised or discharged also by any person specified in this behalf in the notification and
any such person may with the previous approval of the central government by order in
writing direct that any power or duty which has been directed to be exercised or
discharged by him shall in such circumstances and under such conditions if any as may
be specified in the direction be exercised or discharged by any such person subordinate to
him as may be specified therein subs by act of s for the second proviso
wef ins by s ibid wef appeals any person aggrieved by any award of the
tribunal under section may within thirty days from the date of such award prefer an
appeal to the high court within whose jurisdiction the land or some portion of the
land which has been acquired or the land or some portion of the land covered
by a prospecting licence or by a mining lease in respect of which mining rights
have been acquired is situate any person aggrieved by an order made by a competent
authority or by any other person in virtue of any powers exercisable by him under
this act may within twentyone days from the date of the order prefer an appeal
to the central government on receipt of an appeal under subsection the central government may
after calling for a report from the competent authority of person concerned and giving an
opportunity to the parties to be heard and after making such further inquiry as may
be necessary pass such orders as it thinks fit and the order of the central
government shall be final where an appeal is preferred under subsection the central government may
stay the enforcement of the order of the competent authority or person concerned for such
period and on such conditions as it thinks fit power to obtain informationthe central government
or any person authorised in writing by it in this behalf may by order in
writing require any person to furnish to such authority as may be specified in the
order such information in his possession as may be required relating to any property in
respect of which action is proposed to be taken under this act power to enter
and inspectthe competent authority or any person authorised in writing by it in this behalf
by general or special order may enter and inspect any property for the purpose of
determining whether and if so in what manner an order under this act should be
made in relation to any property or with a view to securing compliance with any
order made under this act penaltieswhoever wilfully obstructs any person in doing any of the
acts authorised by subsection of section or wilfully fills up destroys damages or displaces any
mark made under section or wilfully obstructs the lawful exercise of any other power conferred
by or under this act or fails to comply with any order made or direction
given under this act shall be punishable with imprisonment which may extend to six months
or with fine which may extend to one thousand rupees or with both service of
notices and orderssubject to any rules that may be made under this act every notice
or order issued or made under this act shall a in the case of a
notice or order of a general nature or affecting a number of persons be notified
in the official gazette and also published in the locality in such manner as may
be prescribed and b in the case of a notice or order directed to an
individual be served on such individual i wherever it is practicable to do so by
delivering or tendering it to that individual or ii if it cannot be so delivered
or tendered by affixing it on the door or some other conspicuous part of the
residence in which that individual lives and a written report thereof shall be prepared and
witnessed by two persons living in the neighbourhood or iii failing service by these means
by post protection of action taken in good faith no suit prosecution or other legal
proceeding shall lie against the central government or any person for anything which is in
good faith done or intended to be done in pursuance of this act or any
rule or order made thereunder ins by act of s and the second schedule wef
no suit or other legal proceeding shall lie against the central government or the competent
authority or any other person for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in pursuance of
this act or any rule or order made thereunder jurisdiction of civil courtssave as otherwise
expressly provided in this act no civil court shall have jurisdiction in respect of any
matter which the central government or the competent authority or any other person is empowered
by or under this act to determine power to make rules the central government may
by notification in the official gazette make rules for carrying out the purposes of this
act in particular and without prejudice to the generality of the foregoing power such rules
may provide for all or any of the following matters namely a the procedure to
be followed in making any inquiry under this act b the procedure to be followed
by the tribunal in proceedings under section c the form and manner in which appeals
to the central government may be made under this act and d any other matter
which has to be or may be prescribed every rule made by the central government
under this act shall be laid as soon as may be after it is made
before each house of parliament while it is in session for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions and if before the expiry of the session immediately following the session or the
successive sessions aforesaid both houses agree in making any modification in the rule or both
houses agree that the rule should not be made the rule shall thereafter have effect
only in such modified form or be of no effect as the case may be
so however that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule notifications under act of in which proceedings are
pending to be treated as notifications under this act every notification issued before the commencement
of this act whether by the central government or by a state government under section
of the land acquisition act of hereinafter referred to as the said act in which
lands were stated to be needed for the prospecting of coal seams for the development
of collieries to be worked by the union of india shall be deemed to have
been issued by the central government under section of this act as if this act
had been in force on the date of the notification every notification issued before the
commencement of this act whether by the central government or by a state government under
section of the said act in which lands were stated to be needed for the
development of coal shall be deemed to have been issued under section of this act
as if this act had been in force on the date of the notification any
objection preferred under section a of the said act in respect of any land covered
by any notification issued under section of the said act shall be deemed to be
an objection preferred under section of this act to the relevant competent authority and may
be disposed of by him as if the objection had been made in relation to
a notification issued under section of this act in respect of such land or of
any rights in or over such land and the central government may at any time
make a declaration under section of this act in respect of the land or any
part thereof or any rights in or over such land or part subs by act
of s and the schedule for subsection wef subs by act of s for disposed
of by him accordingly wef subs by act of s for certain words wef a
where in respect of any land covered by any notification issued under section of the
said act no objection has been preferred under section a thereof within the period specified
in that section then it shall be deemed that a notification had been issued under
section of this act in respect of such land or of any rights in or
over such land and that no objection to the acquisition of the land or any
rights in or over the land had been preferred under section of this act and
accordingly the central government may at any time make a declaration under section of this
act in respect of the land or any part thereof or any rights in or
over such land or part subject to the other provisions contained in this section the
provisions of this act including provisions relating to compensation shall apply in relation to any
such notification as is referred to in subsection or subsection as they apply in relation
to any notification issued under section or section as the case may be of this
act ins by act of s wef
explosives act an act to regulate the manufacture possession use sale transport import and export
of explosives whereas it is expedient to regulate the manufacture possession use sale transport and
importation of explosives it is hereby enacted as follows short title this act may be
called the explosives act and local extent it extends to the whole of india commencement
this act shall come into force on such day as the central government by notification
in the official gazette appoints definitions in this act unless the context otherwise requires aaircraft
means any machine which can derive support in the atmosphere from the reactions of the
air other than the reactions of the air against the earths surface and includes balloons
whether fixed or free airships kites gliders and flying machines bcarriage includes any carriage wagon
cart truck vehicle or other means of conveying goods or passengers by land in whatever
manner the same may be propelled cdistrict magistrate in relation to any area for which
a commissioner of police has been appointed means the commissioner of police thereof and includes
aand such deputy commissioner of police exercising jurisdiction over the whole or any part such
area as may be specified by the state government in this behalf in relation to
such area or part and b an additional district magistrate the word indian omitted by
act of wef subs by act s ibid for transport and importation wef subsection was
repeated by act of subs by s ibid wef dexplosives means gunpowder nitrogycerine nitroglycol guncotton
dinitrotoluenetrinitro toluene picric acid dinitorphenol trinitorresorcinol styphnic act cyclotrimethylene trinitramine pentaerythritoltetranitrate tetry nitorguanidine lead azide
lead styphynate fulminate of mercury or any other metal diazodinitorphenol coloured fires or any other
substance whether a single chemical compound or a mixture of substances whether solid or liquid
or gaseous used or manufactured with a view to produce a practical effect by explosion
or pyrotechnic effect and includes fogsignals fireworks fuses rockets percussion caps detonators cartridges ammunition of
all descriptions and every adaptation or preparation of an explosive as defined in this clause
e export means taking out of india to a place outside india by land sea
or air f import means to bring into india from a place outside india by
land sea or air g master ain relation to any vessel or aircraft means any
person other than a pilot harbour master assistant harbour master or berthing master having for
the time being the charge or control of such vessel or aircraft as the case
may be and b in relation to any boat belonging to a ship means the
master of that ship h manufacture in relation to an explosive includes the process of
dividing the explosive into its component parts or otherwise breaking up or unmaking the explosive
or making fit for use any damaged explosive and remaking altering or repairing the explosive
i prescribed means prescribed by rules made under this act j vessel includes any ship
boat sailing vessel or other description of vessel used in navigation whether propelled by oars
or otherwise and anything made for the conveyance mainly by water or human beings or
of goods and a caisson power to make rules as to licensing of the manufacture
possession use sale transport and importation of explosives the central government may for any part
of india make rules consistent with this act to regulate or prohibit except under and
in accordance with the conditions of a licence granted as provided by those rules the
manufacture possession use sale transport import and export of explosives or any specified class of
explosives subs by act of s and sch for part a states and part c
states subs by act of s for transport and importation wef rules under this section
may provide for all or any of the following among other matters that is to
say a the authority by which licenses may be granted b the fees to be
charged for licenses and the other sums if any to be paid for expenses by
applicants for licenses c the manner in which application for licenses must be and the
matters to be specified in such applications d the form in which and the conditions
on and subject to which licenses must be granted e the period for which licenses
are to remain in force ee the authority to which appeals may be preferred under
section f the procedure to be followed by such authority and the period within which
appeals shall be preferred the fees to be paid in respect of such appeals and
the circumstances under which such fees may be refunded eea the total quantity of explosives
that a licensee can purchase in a given period of time eeb the fees to
be charged by the chief controller of explosives or any officer authorised by him in
this behalf for services rendered in connection with the manufacture transport import or export of
explosive f the exemption absolutely or subject to conditions of any explosives or any person
or class of persons from the operation of the rules a persons already in business
in respect of certain explosives to carry an such business without licence for a certain
period notwithstanding anything in section or in the rules made thereunder where immediately before the
commencement of the indian explosives amendment act any person was carrying on the business of
manufacture sale transport import or export of any explosives for which no licence was required
under this act before its amendment by the indian explosives amendment act then such person
shall be entitled to continue to carry on such business without licence in respect of
such explosive a for a period of three months from the date of such commencement
or b if before the expiry of the said period of three months such person