The Ministry of Coal (MoC) on June 08, 2026, issued the Draft Coal Mines (Special Provisions) Adjudication of Penalties Rules, 2026.
The following has been stated:
• The rules empower the Adjudication Authority (Nominated Authority) to initiate inquiries either suo motu or based on complaints, reports, or other information indicating a contravention of the Act. The authority may call for records, documents, explanations, inspection reports, and technical assessments while recording reasons for initiating proceedings.
• To assist in inquiries, an Inquiry Officer not below the rank of Under Secretary may be designated, along with secretarial and technical support personnel. Where a prima facie case exists, a show-cause notice is issued detailing the alleged violation, relevant legal provisions, supporting material, and the timeline for response, generally ranging from 15 to 30 days. Notices and orders may be served through registered post, speed post, hand delivery, email, or other electronic means.
• The draft rules provide the noticee an opportunity to file written replies, submit supporting evidence, and appear personally or through an authorised representative. Hearings may be conducted physically or through virtual means. If the noticee fails to participate despite proper service of notice, the authority may proceed ex parte after recording reasons.
• For determining the quantum of penalty, the authority is required to consider factors such as the nature and seriousness of the contravention, repetition of defaults, gains derived from the violation, loss caused to public interest or government revenue, whether the act was wilful or fraudulent, the level of cooperation during the inquiry, and corrective measures taken by the concerned person.
• After examining all evidence and submissions, the Adjudication Authority issues a reasoned order containing findings, grounds for decision, penalty imposed, and the payment timeline. Penalties are generally payable within 30 days of receipt of the order, with provision for extension in appropriate cases. Unpaid penalties are recoverable under the provisions of the Act.
• Comments/Suggestions are invited till July 26, 2026.
[Notification no. - G.S.R. 450(E)]
