India sets up nonstatutory coal sector regulator
KOLKATA (miningweekly.com) - India on Thursday established a coal sector regulator through an executive order rather than legislation, restricting its powers to advisory rather than legal authority.
The government was compelled in this direction as the Coal Regulatory Authority (CRA) Bill could not be placed before the current session of Parliament, the last of the present government, before the country goes for national elections.
The new regulator was set up, following a decision by the Cabinet Committee for Economic Affairs, as a nonstatutory body and no clarification was provided by the government on the fate of the CRA Bill.
Unofficially, a Coal Ministry official said that the Bill would not be left for the government elected during national elections scheduled to take place in two to three months.
The coal mining regulatory body, in the making throughout last year, would be purely advisory since its creation was not backed by any legislation of Parliament and, therefore, would not have any mandatory powers over pricing or adjudicating disputes between producers and consumers, including the quality of coal supplied.
The regulatory body, in its new form, would have advisory authority over the standards of mining operations, production efficiencies, terms and conditions granted by the government in opening new mines, and methodologies for determining prices, and would not have powers to settle pricing disputes.
Coal India Limited, accounting for over 80% of domestic coal supplies, would continue to set benchmark domestic prices of coal, while the government would have sole authority in determining the allocation of acreage for mining.
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