Coal Mines (Taking Over of Management) Act,1973
Act No : 15
Section : POWER OF CENTRAL GOVERNMENT TO APPOINT CUSTODIAN
SECTION 06: POWER OF CENTRAL GOVERNMENT TO APPOINT CUSTODIAN
(1) The Central Government may. as soon as it is convenient administratively so to do, appoint any person (including a Government company, whether in existence at the commencement of this Act or incorporated therealter) as the Custodian for the purpose of taking over the management of one or more coal mines and the person so appointed shall carry on the management of such mines for and on behalf of the Central Government.
(2)
(a) The Central Government may also appoint a person (including a Government company, whether inexistence at the commencement of this Act or incorporated thereafter) as the Custodian General for exercising supervision and control over all the 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 Custodian-General or Deputy Custodian -General.
(c) Every Additional Custodian -General or Deputy Custodian-General shall exercise the powers delegated to him under the control and supervision of the Custodian-General :
Provided that where a Government company has been appointed as the Custodian in relation to a coal mine, no Custodian-General, Additional Custodian-General or Deputy Custodian-General shall exercise any powers of supervision or control in regard to such coal mine.
(3) On the appointment of a Custodian under sub-section (1), the charge of management of the coal mine shall vest in him and all persons in charge of the management ol such mine immediately before such appointment shall cease to by 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 coal mine.
(4) Notwithstanding any judgment, decree or order of any Court or anything contained in any other law for the time being in force, the Official Liquidator or any Receiver appointed by any court or any other person who has, on the appointed day, in his possession, custody or control any coal mine specified in the Schedule or any part thereof, shall forthwith deliver possession of the mine or such part thereof, as the case may be, to the Custodian.
(5) The Official Liquidator, Receiver or any other person who has, on the appointed day, in his possession, custody or control any books, documents or other papers relating to any coal mine specified in the Schedule.shall be liable to account lor the said books, documents or other papers to the Central Government and shall deliver them up to the Custodian or to such person as the Custodian may specify in this behalf.
(6) The Central Government may authorise the Custodian to exercise such of the powers of the owner, including powers to borrow, as may be necessary for the proper management of the coal mine and the Central Government may also issue such directions to the Custodian as to his powers and duties as it may deem desirable in the circumstances of the case; and no other person, including the owner, shall, so long as such management continues, exercise any powers of management in relation to the coal mine or give any direction with regard to such management.
(7) The custodian may also apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the coal mine or in relation to any other matter arising in the course of such management.
(8) The Custodian shall receive from the funds of the coal mine for the charge of management of which he is appointed under sub-section (1), such remuneration as the Central Government may fix:
Provided that where a Government company has been appointed as the Custodian of more than one coal mine, the remuneration of the Custodian shall be received from the funds of each such coal mine in such proportion as may be determined by the Central Government.
(9) The Custodian-General and every-
(i) Additional Custodian-General,
(ii) Deputy Custodian-General,
(iii) Custodian. shall hold office during the pleasure of the Central Government.
(10) The Central Government shall receive, to the exclusion of all other persons, any monies due to the coal mine realised after the appointed day not withstanding that such receipt pertains to a transaction made at any time before the appointed day.
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