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        News and Press Release

        Deduction of bank guarantees of coal companies

        November 26, 2012

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        Press Information Bureau

        Government of India

        Ministry of Coal

        26-November-2012 17:09 IST

        In pursuance of the announcement of the Finance Minister in the budget speech for the year 2012-13, an Inter-Ministerial Group (IMG) headed by Additional Secretary, Ministry of Coal has been constituted on 21.06.2012 to undertake periodic review of the development of coal / lignite blocks allotted by the Government. The terms of reference (TOR) of the IMG are:

        i) The IMG shall undertake periodic review and the progress of allocated coal mines / blocks and make recommendations on action to be taken including de-allocations, if required.

        ii) The IMG may consider the replies where the show cause notices have been given and recommend action against the allocate companies including de-allocation, wherever necessary.

        iii) The IMG may make its own assessment and recommend action as to deduction of Bank Guarantee, if required.

        iv) Any matter where a reference is made by the Competent Authority.

        The IMG took up for review, the 58 cases where the show cause notices were issued consequent to the Review / recommendations by the Review Committee held on 11th & 12 January, 2012. In addition the cases where a decision was taken, on the basis of earlier reviews, to deduct BG and were pending were also taken up.

        The IMG has held 17 meetings so far. The IMG has discussed and finalized the guidelines/modalities for conduct of its business and also regarding computation of deduction of BG. The IMG has also decided to give an opportunity of giving personal hearing to all the allocatee companies of coal blocks before giving its recommendations. With respect to the allocations made to the Private Companies, the IMG has recommended de-allocation of 13 coal blocks allocated to 29 companies, deduction of Bank Guarantee in the cases of 14 blocks allocated to 19 companies and imposition of BG in case of 1 coal block. No action has been recommended in cases of 3 coal blocks allocated to 2 companies. The recommendations of the IMG have been accepted by the Competent Authority and action is initiated accordingly. Further, the IMG took up the cases of PSUs and after hearing the allocatees,the IMG recommended deallocation of 11 blocks,deduction of BG in 5 cases ,imposition of BG in 11 cases and no action in 6 cases including 3 cases on account of Court orders. The recommendations are under consideration of the Government.

        This information was given by the Minister of State in the Ministry of Coal, Shri Pratik Prakashbapu Patil in a written reply in Rajya sabha today.

        *****

        NCJ/ RV

        Deduction of bank guarantees for non-compliant coal block allocatees after administrative review and hearings is being implemented. An Inter-Ministerial Group was empowered to review coal block allocations and recommend administrative measures including deduction of Bank Guarantee, de-allocation, or imposition of BG after offering personal hearings; its recommendations for private allocatees have been accepted by the Competent Authority and acted upon, while recommendations for PSUs remain under Government consideration.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Deduction of bank guarantees for non-compliant coal block allocatees after administrative review and hearings is being implemented.

                                An Inter-Ministerial Group was empowered to review coal block allocations and recommend administrative measures including deduction of Bank Guarantee, de-allocation, or imposition of BG after offering personal hearings; its recommendations for private allocatees have been accepted by the Competent Authority and acted upon, while recommendations for PSUs remain under Government consideration.





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                                ActsIncome Tax
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