Publication of Notification

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-11062026-273351 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 403] NEW DELHI, MONDAY, JUNE 8, 2026/JYAISTHA 18, 1948 4083 GI/2026 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] [PART II—SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] [PART II—SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 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, 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(s) of the following provisions of the Act/rules made thereunder: Sl. No. | Provision alleged to be contravened | Brief particulars of contravention 3. The material/documents relied upon in support of the above allegations are as follows: Sl. No. | Description of document/material 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 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/video conference): Venue/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. MINISTRY OF COAL NOTIFICATION New Delhi, the 5th June, 2026 G.S.R. 450(E).— The following draft of Coal Mines (Special Provisions) Adjudication of Penalties Rules, 2026, which the Central Government proposes to make, in exercise of the powers conferred by sub-sections (1) and (2) of Section 31 of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015), is hereby published as required under the said section for informing all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration on or after the expiry of a period of fifteen days from the date on which the copies of the Gazette of India containing these rules are made available to public; Objections and suggestions which may be received from any person within the period specified above will be considered by the Central Government. Objections and suggestions, if any, may be addressed to the Section Officer (P&S-II section), Ministry of Coal, Government of India, Room No. 4605, GPOA-3, Africa Avenue, Netaji Nagar, New Delhi 110023 or emailed at [email protected]. [PART II—SECTION 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY DRAFT RULES G.S.R. ____ (E).— In exercise of the powers conferred by clause (xa) of sub-section (2) of Section 31 read with Section 24A of the Coal Mines (Special Provisions) Act, 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; (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 electronic mail, 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 so designated under Rule 4. (f) "inquiry proceeding" means proceedings initiated under section 24A of the Act; (g) 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, etc. (3) The adjudication authority shall record reasons for initiation of proceedings. 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. 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (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) registered post with acknowledgement due; (b) speed post; (c) electronic means; (d) delivery by hand against receipt; or (e) any other mode as the adjudication authority may deem fit. (2) Service by electronic means shall be deemed valid where transmitted to the electronic mail 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 the filing of 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) In case the noticee fails to appear despite due service of notice, the adjudication authority may proceed ex parte after recording reasons. (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 the 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 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. [PART II—SECTION 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY (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 penalty amount 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. In respect of matters not specifically provided in these rules, the adjudication authority may regulate its own procedure in a manner consistent with the principles of natural justice and 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, 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(s) of the following provisions of the Act/rules made thereunder: Sl. No. | Provision alleged to be contravened | Brief particulars of contravention 3. The material/documents relied upon in support of the above allegations are as follows: Sl. No. | Description of document/material 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. 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 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/video conference): Venue/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. SARVESH KUMAR SRIVASTAVA Digitally signed by SARVESH KUMAR SRIVASTAVA Date: 2026.06.11 21:36:56+0530