The Coal India (Regulation of Transfers and Validation) Act, 2000
Parliament enacted the Coal India (Regulation of Transfers and Validation) Act, 2000, Act No. 45 of 2000, on 8 December 2000. It allows the Central Government to transfer land and interests connected with coal mines, coking coal mines and coke oven plants between Coal India Limited and its subsidiary companies, and validates certain earlier arrangements involving those subsidiaries.
What the Act governs
The Coal India (Regulation of Transfers and Validation) Act, 2000 applies to land, rights over land, and rights, title and interest connected with coal mines, coking coal mines and coke oven plants vested in Coal India Limited or its subsidiary companies. It addresses the lack of formal legal title where subsidiary companies were already managing or controlling these assets.
The Act defines Coal India Limited to include its predecessor, Coal Mines Authority Limited. It identifies several subsidiary companies and also covers other Coal India Limited subsidiaries incorporated from time to time under the Companies Act, 1956.
Central Government transfer powers
The Coal India (Regulation of Transfers and Validation) Act, 2000 gives the Central Government power to direct transfers by notification in the Official Gazette. The power may be used when the receiving subsidiary is willing to comply, or has complied, with conditions imposed by the Central Government.
Key provisions include:
- Land or rights over land may be transferred from Coal India Limited to a subsidiary company.
- Rights, title and interest connected with a coal mine, coking coal mine or coke oven plant may also be transferred.
- Assets vested in one subsidiary company may be transferred to another subsidiary company.
- When qualifying coal mine assets vest in a subsidiary, that company is treated as the lessee as if it had received a fresh mining lease for the maximum period permitted under the Mineral Concession Rules, 1960.
- The related rights and liabilities of Coal India Limited, or of the transferring subsidiary, become the rights and liabilities of the receiving subsidiary from the vesting date.
Earlier operations and transfers
The Coal India (Regulation of Transfers and Validation) Act, 2000 validates the position of a subsidiary company that was operating or controlling a relevant mine or plant immediately before the Act commenced. The company is treated as having been validly vested with the associated land, land rights, title and interest at all material times.
A court case cannot be started, maintained or continued merely on the ground that the subsidiary company lacked competence to operate or control that coal mine, coking coal mine or coke oven plant.
Who may be affected
The Coal India (Regulation of Transfers and Validation) Act, 2000 is relevant to buyers, owners and professionals dealing with land or interests connected to Coal India Limited, its subsidiaries, coal mines, coking coal mines or coke oven plants. It does not describe a general transfer process for unrelated private property.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this Act transfer ordinary private property in Tamil Nadu?
The Act covers land and interests vested in Coal India Limited or its subsidiary companies and connected with coal mines, coking coal mines or coke oven plants. It does not set out a general transfer process for unrelated private property.
How can the Central Government direct a transfer under this Act?
The Central Government may direct the transfer through a notification in the Official Gazette if the receiving subsidiary is willing to comply, or has complied, with conditions imposed by the Government.
What happens to mining lease rights after a transfer to a subsidiary?
The receiving subsidiary is treated as the lessee as if a fresh mining lease had been granted for the maximum period permitted under the Mineral Concession Rules, 1960. The related rights and liabilities also pass to that subsidiary from the vesting date.
Can an earlier subsidiary operation be challenged because it lacked formal title?
A case cannot be instituted, maintained or continued solely on the ground that the subsidiary company was not competent to operate or control the relevant coal mine, coking coal mine or coke oven plant.
