Section 4 of The Coal Bearing Areas (Acquisition and Development) Act, 1957
- (1)Whenever it appears to the Central Government that coal is likely to be obtained from land in any locality, it may, by notification in the Official Gazette, give notice of its intention to prospect for coal therein.
- (2)Every notification under sub-section (1) shall give a brief description of the land and state its approximate area.
- (3)On the issue of a notification under sub-section (1), it shall be lawful for the competent authority and for his servants and workmen--
- (a)to enter upon and survey any land in such locality;
- (b)to dig or bore into the sub-soil;
- (c)to do all other acts necessary to prospect for coal in the land;
- (d)to set out the boundaries of the land in which prospecting is proposed to be done and the intended line of the work, if any, proposed to be made thereon;
- (e)to mark such boundaries and line by placing marks; and
- (f)where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
- (4)In issuing a notification under this section the Central Government shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate.
Summary
- The Central Government issues a notice in the Official Gazette when it thinks coal might be found in a specific area.
- This notice gives a short description of the land and its estimated size.
- Once the notice is out, authorized officials and workers can enter the land to survey it and dig or bore into the ground.
- Workers can mark boundaries with signs and even clear away crops, fences, or jungle to finish the survey.
- The government must leave out any land where coal mining or related work is already happening.
Practical examples
FAQ
1. What is a preliminary notification?
It is a public announcement that the government intends to look for coal in a specific area.
2. Can workers cut down my crops?
Yes, if it is necessary to complete the survey or mark boundaries, they are allowed to clear standing crops.
3. Can the government survey an existing mine?
No, the law requires the government to exclude any land where coal mining operations are already being carried out.
4. Who is allowed to enter the land after the notice?
The person appointed as the competent authority, along with their servants and workmen, has the legal right to enter.
Test yourself
Q1.Under Section 4 of The Coal Bearing Areas (Acquisition and Development) Act, 1957, what must the government include in the official notice?
Q2.According to Section 4 of The Coal Bearing Areas (Acquisition and Development) Act, 1957, how much written notice is required before an official enters a dwelling house's garden without consent?
Q3.Under Section 4 of The Coal Bearing Areas (Acquisition and Development) Act, 1957, which of the following is an authorized power of the competent authority?
Q4.Under Section 4 of The Coal Bearing Areas (Acquisition and Development) Act, 1957, which type of land must be excluded from the government's notification?