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Coal Mines (Taking Over of Management) Act,1973

Act No : 15


Section : PAYMENT OF AMOUNT

SECTION 07: PAYMENT OF AMOUNT

(1) Every owner of a coal mine shall be given by the Central Government an amount, in cash, for the vesting in it, undersection 3-, of the management of such mine.

(2) For every month during which the management of a coal mine remains vested in the Central Government, the amount referred to in sub-section (1) shall be computed at the rate of twenty paise per tonne of coal on the highest monthly production of coal from such mine during any month in the years 1969, 1970, 1971 and 1972:

Provided that if in relation to any such coal mine, there was no production of coal during the said years, the amount referred to in sub-section (1) shall be computed at the rate of four paise per tonne of such highest monthly coal producing capacity of the coal mine, before the appointed day as may be assessed and declared by the Coal Board :

Provided further that in relation to a coal mine, the operations of which were immediately before the appointed day under the control of a managing contractor, the amount, as computed under this sub-section, shall be apportioned between the owner of the coal mine and such management contractor in such proportions as may be agreed upon, by or between the owner and such contractor, and in the event of there being no such agreement, in such proportions as may be determined by the principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the head office of the coal mine is situated.

(3) For every month during which the management of a coke oven plant, which falls within the definition of coal mine, remains vested in the Central Government under this Act, there shall be given by the Central Government, in cash, in addition to the amount referred to in sub- section (1), to the owner of such coke oven plant, an amount computed at the rate of fifty paise per tonne of coke on the highest monthly production of coke from such coke oven plant during any month in the years 1969, 1970, 1971 and 1982.

(4) Out of the amount payable under the foregoing sub-sections, there shall be deducted by the Central Government, all sums equal to the amount of arrears due, on the appointed day, to the persons employed by the owner of a coal mine-

(a) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of the coal mine, and

(b) as wages.

(5) All sums deducted under sub-section (4) shall, in accordance with such rules as may be made under this Act, be credited by the Central Government to the relevant fund or paid by that Government to the persons to whom the said sums are due, and on such credit or payment, the liability of the owner in respect of the amount of arrears due as aforesaid shall, to the extent of such credit or payment stand discharged.



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