Publication of Notification regarding Coal Mines (Special Provisions) Adjudication of Penalty Rules, 2026.

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03082026-275124 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 637] NEW DELHI, MONDAY, AUGUST 3, 2026/SHRAVAN 12, 1948 MINISTRY OF COAL NOTIFICATION New Delhi, the 31st July, 2026. Coal Mines (Special Provisions) Adjudication of Penalties Rules, 2026 G.S.R. 699(E).—Whereas draft of the Coal Mines (Special Provisions) Adjudication of Penalties Rules, 2026, were published as required under sub-sections (1) and (2) of section 31 of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015) in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) dated the 8th June, 2026 vide number G.S.R. 450(E), dated the 5th June, 2026 for information of all persons likely to be affected thereby; and notice was given that the said draft rules would be taken into consideration by the Central Government after the expiry of a period of fifteen days from the date on which copies of the Gazette containing the said rules were made available to the public; And whereas, suggestions or objections received in response to the above mentioned draft rules were considered by the Central Government; Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (xa) of sub-section (2) of section 31 of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015), the Central Government hereby makes the following rules, namely:— 1. Short title and commencement.— (1) These rules may be called the Coal Mines (Special Provisions) Adjudication of Penalties Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.—(1) In these rules, unless the context otherwise requires,— (a) "Act" means the Coal Mines (Special Provisions) Act, 2015 (11 of 2015); (b) "adjudication authority" means the nominated authority appointed by the Central Government under sub-section (1) of section 24A of the Act; (c) "electronic means" includes email, a designated web-portal or any other digital platform specified by the Central Government; (d) "Form" means a Form appended to these rules; (e) "inquiry officer” means an officer, as designated under rule 4; (f) “inquiry proceeding” means proceedings initiated under section 24A of the Act. (2) Words and expressions used herein and not defined in these rules, but defined in the Act, shall have the meanings, respectively assigned to them in the Act. 3. Holding of inquiry.— (1) Where the adjudication authority has reason to believe that any person has committed a contravention of the Act liable for adjudication under section 24A of the Act, it may, either suo motu or upon receipt of a complaint or report, initiate inquiry proceedings. (2) For the purpose of conducting an inquiry under sub-rule (1), the adjudication authority may— (a) call for information, records, books, registers, returns or documents from any person; (b) require the attendance of any person acquainted with the facts and circumstances of the case; (c) seek written explanations or statements; (d) obtain inspection reports or technical reports from any Government agency, expert body, technical institution, and the likes. (3) The adjudication authority shall record reasons for initiation of proceedings conducted under sub-rule (1). 4. Inquiry Officer and secretariat assistance to the adjudication authority.— (1) For the purpose of inquiry proceedings, the adjudication authority shall designate an officer not below the rank of an Under Secretary to the Government of India having knowledge of the facts and circumstances constituting the contravention as the Inquiry Officer to assist the adjudication authority. (2) The Central Government shall designate such officers, staff, consultants or agencies, as may be necessary to provide secretarial, technical or administrative assistance to the adjudication authority for the discharge of its functions under the Act and these rules. 5. Issue of notice.— (1) Where the adjudication authority is satisfied that there exists a prima facie case for inquiry, it shall issue a notice in Form-I to the person alleged to have committed the contravention. (2) The notice shall contain— (a) the nature of the contravention alleged; (b) the relevant provisions of the Act or rules alleged to have been violated; (c) the material relied upon; (d) the time within which a written reply is to be furnished. (3) The notice shall ordinarily provide a period of not less than fifteen days and not more than thirty days for submission of a reply. 6. Service of notice and orders. (1) Any notice, communication or order under these rules may be served by— (a) speed post with registration and proof of delivery; (b) electronic means; (c) delivery by hand against receipt; or (d) any other mode as the adjudication authority may deem fit. (2) Service by electronic means shall be deemed valid where transmitted to the email address or digital account furnished by the concerned person to the Central Government, nominated authority or any other statutory authority. 7. Filing of reply and appearance. (1) The noticee may file a written reply along with supporting documents within the time specified in the notice. (2) The noticee may appear in person or through an authorised representative. (3) The adjudication authority may permit to file the additional documents or written submissions upon sufficient cause being shown. 8. Hearing. — (1) The adjudication authority shall provide the noticee a reasonable opportunity of being heard. (2) The hearing may be conducted physically or through electronic means. (3) If the noticee fails to appear despite due service of notice, the adjudication authority may proceed ex parte after recording reasons thereof. (4) Where, during the course of hearing, the adjudication authority considers that further inquiry is required, it may adjourn the proceedings and call for additional material. 9. Factors for the determination of penalty. While adjudging the quantum of penalty under section 24A, the adjudication authority shall have due regard to the following factors, namely:— (a) the nature, gravity and duration of the contravention; (b) the repetitive nature of default; (c) the amount of gain or unfair advantage derived from the contravention, wherever quantifiable; (d) the loss or damage caused to public interest or Government's revenue; (e) whether the contravention was wilful, fraudulent or mala fide; (f) the conduct of the person during the inquiry, including the cooperation extended; (g) any steps taken for mitigation or rectification of the default. 10. Order by adjudication authority. (1) After considering the reply, evidence on record and submissions made during the hearing, the adjudication authority shall pass a reasoned order. (2) The order shall contain- (a) brief facts; (b) issues for determination; (c) findings with reasons; (d) the penalty imposed, if any; and (e) the time within which the penalty shall be paid. (3) A copy of the order shall be served upon the concerned person in accordance with rule 6. 11. Payment and recovery of penalty. — (1) The penalty imposed under these rules shall be paid within thirty days from the date of receipt of the order or within such extended period, as may be allowed by the adjudication authority for reasons to be recorded in writing. (2) The amount of penalty shall be deposited through such mode and under such head of account, as may be specified by the Central Government. (3) In case of failure to pay the penalty within the stipulated period, the amount shall be recoverable in accordance with sub-section (4) of section 24B of the Act. 12. Residual powers. Save as provided, the adjudication authority may regulate its own procedure in a manner consistent with the principles of natural justice and in accordance with the provisions of the Act. Form-I [See rule 5] Notice for Adjudication of Penalty To, Name:__________________ Address:_________________ Email ID (if any):_________ 1. Whereas the undersigned, being the adjudication authority appointed under section 24A of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015), upon consideration of the material available on record, is satisfied that a prima facie case exists for initiating inquiry proceedings under the said Act; 2. And whereas, it appears that you have allegedly committed contravention of the following provisions of the Act or rules made thereunder: +------------+-----------------------------------+-------------------------------------+ | Serial | Provision alleged to be | Brief particulars of contravention | | Number | contravened | | +============+===================================+=====================================+ | | | | +------------+-----------------------------------+-------------------------------------+ 3. The material or documents relied upon in support of the above allegations are as follows: +------------+-------------------------------------+ | Serial | Description of document or material | | Number | | +============+=====================================+ | | | +------------+-------------------------------------+ 4. In view of the above, you are hereby called upon to show cause within _____ days from the date of receipt of this notice as to why action should not be taken and penalty imposed against you under the provisions of the said Act. 5. You may submit a written reply with supporting documents or evidence and indicate, if you seek a personal hearing. 6. You may appear in person or through an authorised representative on the date of hearing mentioned below, if applicable: Date of hearing:_________ Time:_________ Mode of hearing (physical or video conference):_________ Venue or Link:_________ 7. In case no reply is received within the stipulated time, or you fail to appear for the hearing despite due service of notice, the matter may be decided ex parte based on material available on record. Date:_________ Place:_________ (Signature) Adjudication Authority [F. No. CBA2-13011/1/2020-CBA2] RUPINDER BRAR, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.