Section 2(1) in Coal Blocks Allocation Rules, 2017
(1)In these rules, unless the context otherwise requires,-(a)"Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (No. 67 of 1957);(b)"affiliate" with respect to any person shall mean any other person which, directly or indirectly;-(i)controls such person; or(ii)is controlled by such person; or(iii)is controlled by the same person who, directly or indirectly, controls such person; or(iv)is an associate company of such person;Explanation. - for the purpose of this clause, "associate company" shall have the same meaning assigned to it in sub-section (6) of section 2 of the Companies Act, 2013 (No. 18 of 2013);(c)"allocation" means allotment and auction referred together;(d)"allotment" means allotment of coal blocks referred to in clause (a) and (b) of the proviso to section 11A of the Act;(e)"allocation order" means the allocation order referred to in sub-rule (5) of rule 8;(f)"allotment document" means the document referred to in sub-rule (1) of rule 6;(g)"auction" means public auction of coal blocks under sub-section (1) of section 11A of the Act;(h)"bidder" means a company or corporation which participate in auction of coal blocks;(i)"block dossier" means the block dossier as referred to in sub-rule (1) of rule 4;(j)"ceiling price" means the price fixed by the Central Government for a coal block which is to be allocated by way of reverse auction;(k)"coal" includes anthracite, bituminous, lignite, peat, coking coal, coke and any other form of carbonaceous matter sold or marketed as coal;(l)"coal block" means an area containing coal which has been identified in accordance with clause (a) of sub-rule (1) of rule 3;(m)"coal linkage" means a contract entered between coal producing Government company or corporation and consumer for supply of coal in accordance with the terms and conditions of the relevant fuel supply agreement;(n)"control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner;(o)"floor price" means the price fixed by the Central Government for a coal block which is to be allocated by way of forward auction;(p)"forward auction" means the method of auction where the bidders shall be required to successively quote the bid higher than the floor price, subject to such conditions as may be specified in the tender document;(q)"group company" means a company which is an affiliate of another company;(r)"infrastructure special purpose vehicle" means an entity incorporated by the nodal agency designated by the Central Government for the purposes of Ultra Mega Power Projects and shall -(i)hold the land required for the construction of the Ultra Mega Power Project and grant the said land under lease or licence to the operating special purpose vehicle;(ii)hold the allocation of the domestic captive coal block and grant the mining, development and operation rights of the said domestic captive coal block to the operating special purpose vehicle.(s)"operating special purpose vehicle" means an entity incorporated by the nodal agency designated by the Central Government for the purpose of an Ultra Mega Power Project and shall -(i)be transferred to the awardee of an Ultra Mega Power Project on the basis of competitive bids for tariff for the execution of the Ultra Mega Power Projects;(ii)execute the power purchase agreement with the distribution licensees for execution of the Ultra Mega Power Project;(iii)hold the land required for the construction of the Ultra Mega Power Project on lease basis acquired in the name of infrastructure special purpose vehicle; act as a mine development operator of the captive coal mine allocated to the infrastructure special purpose vehicle.(t)"person" shall include any company or association or body of individuals, whether incorporated or not;(u)"preferred allottee" means the preferred allottee as referred to in sub-rule (8) of rule 6;(v)"preferred bidder" means the preferred bidder as referred to in sub-rule (6) of rule 5;(w)"reverse auction" means the method of auction where the bidders shall be required to successively quote the bid lower than the ceiling price, subject to such conditions as may be specified in the tender document;(x)"reserve price" means the price fixed by the Central Government for a coal block allocated by way of allotment or by way of reverse auction;(y)"successful allocatee" means successful bidder and successful allottee referred together;(z)"successful allottee" means the successful allottee as referred to in sub-rule (9) of rule 6;(za)"successful bidder" means the successful bidder as referred to in sub-rule (8) of rule 5;(zb)"tender document" means the tender document as referred to in sub-rule (1) of rule 5;(zc)"Ultra Mega Power Project" shall mean a power project based on super-critical coal thermal technology or more efficient technology, with installed capacity of 3960 Mega Watt (MW) or above or such other capacity as may be stipulated by the Central Government, from which power procurement is tied up by procurers in more than one State or Union Territory, through tariff based competitive bidding initiated through a Central Government initiative under the Guidelines for Determination of Tariff Through Transparent Process of Bidding for Procurement of Power from Ultra Mega Power Projects notified by Central Government under section 63 of the Electricity Act, 2003 (No. 36 of 2003); and(zd)the expressions "generating station" and "captive generating plant" shall have the meanings assigned to them in the Electricity Act, 2003 (No. 36 of 2003).
