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Coal Mines (Nationalisation) Act,1973

Act No : 26


Section : Income derived by the owners of coal mines after the appointed day tobe refunded to the Central Government.

10. Income derived by the owners of coal mines after the appointed day to be refunded to the Central Government. (1) Where, in pursuance of any decree, order or injunction of a court or otherwise, the Central Government or the Custodian appointed under the Coal Mines (Taking Over of Management) Act, 1973 (15 of 1973), was prevented from taking over the management of any coal mine, the owner of such coal mine shall render, within sixty days from the date on which management of the coal mine is delivered to the Central Government or Government company, as the case may be, accounts in relation to the period commencing on the date of commencement of the said Act and ending on the date of delivery of such management to the Central Government or the Government company, as the case may be, with regard to the-- (a) assets and stores of the coal mine acquired or sold by him during the said period; (b) coal sold or despatched during the said period; (c) income derived by him from the coal mine during the said period. (2) If, on examination of the accounts referred to in sub-section (1), any income is found to have been derived by the owner from the coal mine during the period referred to in that sub-section, such income shall be recoverable by the Central Government from the amount payable under section 8 to the owner of such coal mine, and, the debt due to the Central Government on this account shall rank as an unsecured debt. (3) If no account is rendered by the owner of a coal mine within the period referred to in sub-section (1) or if the Central Government or the Government company has any reason to believe that the 340 account rendered by such owner is incorrect or false in material particulars, the Central Government or the Government company may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the coal mine during the period referred to in sub-section (1), and take steps to recover the said income from the amount payable to the owner of the coal mine under section 8, as if the debt due to the Central Government on this account were an unsecured debt. (4) No mortgage, charge, lien or other incumbrance in relation to a coal mine or any asset thereof shall be binding on the Central Government or the Government company if such mortgage, charge, lien or other incumbrance was created, at any time during the period in which the Central Government or the Custodian was prevented, by any decree, order or injunction of a court or otherwise, from taking over the management of the said coal mine.


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