MINISTRY OF COAL RESOLUTION
New Delhi, the 4th March, 2014
F. No. 13011/04/2007-CAII/Vol.V/pt. III. –The Government has on 27th June, 2013 approved the proposal to constitute the Coal Regulatory Authority.
Whereas, the Ministry of Coal has introduced the Coal Regulatory Authority Bill, 2013 on 13thDecember, 2013 in the LokSabha, and whereas the Government is satisfied that pending the enactment of a comprehensive legislation it is necessary to constitute and make operational an interim body till the proposed statutory Authority is constituted;
Now, therefore, the Government of India do hereby constitute the Coal Regulatory Authority (CRA) under the overall administrative control of the Ministry of Coal as follows:
(i) The primary function of the Authority shall be to advice the Central Government on the formulation of the principles and methodologies for determination of price of raw coal, washed coal and any other byproduct generated during the process of coal washing; on the procedure for automatic coal sampling and weighment, on standards of performance of norms and operational efficiencies except to the area related to mines safety; on formulation of policies in coal sector, including allotment or earmarking of coal blocks for any purpose, through any mode, and coal linkage; on promotion of competition, efficiency and economy in activities of the coal industry; on promotion of investment in coal industry; on development of various mining technologies, beneficiation methods to improve mining and conservation of coal resources;
(ii) The Authority shall consist of a Chairperson and the following four Members, namely:-
(a) One Member (Legal);
(b) One Member (Technical);
(c) One Member (Finance); and
(d) One Member (Consumer interest),
to be appointed, by the Central Government;
(iii) The Authority shall designate any one of the members as Member (Administration) who shall exercise such financial and administrative powers as may be vested in him;
(iv) The head office of the Authority shall be in the National Capital Territory of Delhi;
(v) The qualification of the chairperson and members shall be as under, -
(a) A person shall not be qualified for appointment as the Chairperson unless he has adequate knowledge and experience of not less than fifteen years in dealing with problems relating to mining, law, economics, commerce, finance, management or public administration:
Provided that a person who is or has been in the service of Government shall not be appointed as Chairperson unless he is holding or has held the post not below the rank of Secretary to the Government of India;
(b) A person shall not be qualified for appointment as Member (Legal) unless he is or has been a member of the Indian Legal Service and has held Grade I post of that service for a period of not less than seven years or who has held a civil judicial post for at least fifteen years in the territory of India or who is qualified to be a Judge of High Court;
(c) A person shall not be qualified for appointment as a Member (Technical) unless he possesses a Bachelor’s degree in engineering and has the experience of not less than fifteen years in coal mining industry;
(d) A person shall not be qualified for appointment as a Member (Finance) unless he possesses a Master’s degree in Business Administration with Finance or equivalent and has the experience of not less than fifteen years in the field of financial matters;
(e) A person shall not be qualified for appointment as a Member (consumer interest) unless he has the experience of not less than fifteen years in sectors relating to power, steel or cement.
(vi) The Chairperson, or any other Member of the Authority, shall not hold any other office during the term of his office.
(vii) The Chairperson and Members of the Authority, shall be appointed on the recommendation of a Selection
Committee consisting of,-
(a) Cabinet Secretary – Chairperson;
(b) the Secretary to the Government of India, Ministry of Coal – Member;
(c) the Secretary to the Government of India, Ministry of Power – Member;
(d) the Secretary to the Government of India, Ministry of Law and Justice – Member;
(e) the Chairman of the Public Enterprises Selection Board – Member;
(f) a person nominated by the Central Government from amongst directors or heads or Professors of a reputed engineering or management Institute – Member.
(viii) The Central Government shall, as soon as possible from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of any Chairperson or Member, make a reference to the Selection Committee for filling up of the vacancy.
(ix) No appointment of the Chairperson or Members shall be invalid merely by reason of any vacancy in the Selection Committee.
(x) The Selection Committee shall recommend a panel of a minimum of two names for every vacancy
referred to it.
(xi) The Central Government may remove from office the Chairperson or a Member, who— (a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as Chairperson or a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as Chairperson or a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f) acts as an arbitrator in any matter; or
(g) has been guilty of proved misbehaviour:
Provided that no Chairperson or Member shall be removed from office under clause (d) or clause (e) or clause (f) or clause (g) unless the Central Government, after holding an inquiry by a person appointed or authority constituted for the purpose and in accordance with such procedure as may be prescribed in this behalf, is satisfied that such person ought, on such ground or grounds, to be removed.
(xii) The Central Government may suspend the Chairperson or a Member from office against whom an inquiry has to be held until the Central Government has passed an order on receipt of the report of the inquiry authority.
(xiii) The Chairperson or Members shall hold Office till the proposed Statutory Authority is constituted after enactment of the legislation or till he attains the age of 65 years, whichever is earlier.
(xiv) The Chairperson and Members shall receive pay as admissible to the Secretary to the Government of
India.
(xv) In the case of appointment of government servants as Chairperson or Member, their salary and allowances shall not be varied to their disadvantage after appointment in the Authority.
(xvi) The Chairperson and Members shall be entitled to other allowances as admissible to the Secretary to Government of India.
(xvii) The Chairperson or a Member may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, the Chairperson or such Member shall be deemed to have vacated his office.
(xviii) The Chairperson or, if he is unable to attend a meeting of the Authority, the senior most Member present in the meeting, shall preside over the meeting.
(xix) The Chairperson shall have the powers of general superintendence and directions in the conduct of the affairs of the Authority and shall, in addition to presiding over the meetings of the Authority, exercise and discharge such other powers and functions of the Authority, as may be assigned to him by the Central Government.
(xx) The Central Government may, by notification, appoint a Secretary to exercise and perform such powers and duties, under the control of the Chairperson.
(xxi) The Authority may, with the approval of the Central Government, appoint such number of officers and employees as are required to assist the Authority in the discharge of its functions till the term of the Authority.
(xxii) The Authority may appoint consultants required to assist the Authority in the discharge of its functions on such terms and conditions as may be decided by him with the approval of Central Government.
(xxiii) The Government will provide adequate grants for meeting the expenses incurred by the Coal Regulatory Authority. The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him.
(xxiv) The Authority shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities including information relating to the proceedings and policies during the previous year and such report shall also contain statement of annual accounts of the Authority. A copy of the report shall be forwarded to the Central Government and the Central Government shall cause such report to be laid, as soon as may be after it is received, before each House of Parliament.
(xxv) The provisions of this Resolution shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force, relating to safety in mines, forests and environment.
This Resolution shall deem to be effective from 4th March, 2014.