Coking Coal Mines (Emergency Provisions) Act,1971
Act No : 64
Section :
Power of Central Government to appoint Custodians to take over themanagement of coking coal mines.
5. Power of Central Government to appoint Custodians to take over the management of coking coal mines. (1) The Central Government may, as soon as it is convenient administratively so to do, appoint any person as Custodian for the purpose of taking over the management of the coking coal mine and the person so appointed shall carry on the management of such mine for and on behalf of the Central Government. (2) (a) The Central Government may also appoint a person as the Custodian-General for exercising supervision and control over all the coking coal mines the management of which is taken over under this Act, and on such appointment, every Custodian, appointed under sub- section (1), shall act under the guidance, control and supervision of the Custodian-General. (b) The Central Government may also appoint one or more persons as Additional Custodian-General or Deputy Custodian-General for assisting the Custodian-General in the exercise of his powers and duties under this Act and the Custodian-General may delegate all or such of his powers as he may think fit, to the Additional or Deputy Custodian-General. (c) Every Additional or Deputy Custodian-General shall exercise the powers delegated to him under the control and supervision of the Custodian-General. (3) On the appointment of a Custodian under sub-section (1), the charge of management of the coking coal mine shall vest in him and 112 all persons in charge of the management of such mine immediately before such appointment shall cease to be in charge of such management and shall be bound to deliver to the Custodian all assets, books of account, registers or other documents in their custody relating to the coking coal mine and any contract, whether express or implied, providing for the management of any coking coal mine, made before the appointed day between the owner of such mine and such persons, shall be deemed to have terminated on the date on which the Custodian is appointed. (4) Nothing contained in section 4 shall apply to any coking coal mine the management of which has been taken over by the Custodian, but the Central Government may issue such directions to the Custodian as to his powers and duties as it deems desirable in the circumstances of the case, and the Custodian may apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the coking coal mine or in relation to any matter arising in the course of such management. (5) The Custodian shall receive from the funds of the coking coal mine for the charge of management of which he is appointed under sub- section (1) such remuneration as the Central Government may fix. (6) The Custodian, the Custodian-General, Additional Custodian- General and Deputy Custodian-General shall hold office during the pleasure of the Central Government. (7) The Central Government may, if it is of opinion that it is necessary so to do for the proper management of the coking coal mines, the management of which has vested in it under section 3, appoint a Government company, whether in existence at the commencement of this Act or incorporated after such commencement, as the Custodian of all the coking coal mines specified in the First Schedule, and all coke oven plants specified in the Second Schedule, and on such appointment, every person appointed as Custodian or the Custodian-General or Additional or Deputy Custodian-General under sub-section (1) or sub- section (2), as the case may be, shall vacate his office as such and deliver to the Government company, so appointed, all assets, books of account, registers or other documents in his custody relating to the coking coal mine or the coke oven plant, as the case may be. (8) On the appointment of a Government company as Custodian, the provisions of sub-sections (3), (4) and (5) shall apply to it as they apply to a Custodian appointed under sub-section (1). 113
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