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Union of India - Section

Section 6 in Coal Blocks Allocation Rules, 2017

6. Allotment.

(1)In respect of coal blocks, for which the Central Government has specified allotment to Government company or corporation under sub-clause (ii) of clause (b) of sub-rule (1) of rule 3, the Central Government shall prepare a document for the allotment process, that is, the allotment document.
(2)Each allotment document may include such information as the Central Government may consider expedient for the purposes of allotment including,-
(a)the block dossier containing particulars of the coal block;
(b)purpose of allotment of the coal blocks including, but not limited to, own consumption or for sale;
(c)the terms and conditions associated with the allotment, including the reserve price, eligibility conditions, procedure for making application for allotment, the process of conduct of allotment and other related information:
Provided that in case coal block whose mining plan has not been prepared, the Central Government may specify the reserve price after the allotment of coal block and preparation of mining plan for such mine; and the successful allottee shall furnish an undertaking as a part of the agreement, as specified in sub-rule (1) of rule 8, to pay the reserve price within the specified time, as may be specified by the Central Government.
(d)specimen of agreements proposed to be entered into with the successful allottee as specified in sub-rule (1) of rule 8.
(3)The Central Government shall issue a public notice for the allotment in at least one Hindi and one English language national newspaper and such public notice shall specify the manner in which the allotment document shall be obtained on the basis of which an applicant will submit the application for allotment.
(4)The allotment document shall specify the norms for allotment and such norms may include the following, namely:-
(a)progress of development of coal blocks by the applicant in the past, if any;
(b)financial details of the applicant, including the net-worth and turnover;
(c)technical capabilities of the applicant and the technology proposed to be used for mining;
(d)demand-supply gap;
(e)assessment of requirements of the State;
(f)in case of utilisation of the coal for own consumption,-
(i)state of preparedness of the end use facility;
(ii)proximity of the end use facility to the relevant coal block;
(iii)in case the purpose of allotment of coal block is specified as consumption of coal in generation of electricity through generating station, the per-capita power availability in the State of the applicant company.
(g)The Central Government may also specify the maximum number of coal blocks or amount of coal reserves or both that may be allocated to a company or corporation or its subsidiary or associate companies.
(5)In case the coal block is specified for the purpose of own consumption and an applicant having a coal linkage becomes the successful allottee, then the entitlement to receive coal pursuant to such coal linkage for the end use plant on the basis of which it became a successful allottee may be reduced on such basis as may be specified by the Central Government.
(6)The Central Government shall constitute a committee consisting of an officer not below the rank of Joint Secretary to the Government of India in the Ministry of Coal as chairperson, such other members from various Ministries and departments of the Central Government and such technical experts from various fields as it may deem fit for considering the applications received and assessing the eligibility of the applicants based on the criteria specified in the allotment document.
(7)The Committee may, if considered necessary for the purpose of sub-rule (6), invite representative of the State Government where the coal block is located;
(8)The Committee after considering the applications received and assessing the eligibility of the applicants based on the criteria specified in the allotment document shall submit its recommendation to the Central Government specifying the name of preferred allottee selected by it from amongst the applicants alongwith the reasons for such selection.
(9)The Central Government may, after such scrutiny of the allotment conducted, as may be deemed expedient, declare the preferred allottee to be the successful allottee for the coal block or may cancel the allotment process of the coal block.
(10)The Central Government may in public interest and for the reasons to be recorded in writing, relax any of the provisions of this rule for the allotment of a coal block to:
(i)a Government company or corporation owned, managed or controlled by the Central Government, or
(ii)a Government company or corporation for utilisation of coal in the linked power project to be awarded on the basis of competitive bid for tariff (including Ultra Mega Power Project):
Provided that in case of allotment of a coal block to a Government company or corporation for utilisation of coal in the linked power project to be awarded on the basis of competitive bid for tariff (including Ultra Mega Power Project), the Central Government shall first issue an in-principle allotment letter for such coal block to such Government company or corporation recommended by the Government of India in the Ministry of Power before the competitive bidding for tariff and thereafter on successful award of power project, the final allotment order shall be issued in accordance with the process specified in the rule 8.