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Independent Coal Regulatory Authority Bill, 2012


2013- 03- 08 12:03:40 GKToday
Introduction
India has the fourth-largest coal reserves in the world. There are huge power
expansions plans which need to be fuelled by coal. However, there has been no
coal regulator. The idea of a Coal Regulatory Authority was mooted in 2008,
but it could be established for unknown reasons.
Background:
Setting up a regulator for monitoring coal resource development was first
recommended by the Integrated Energy Policy (IEP) framed by former
Planning Commission member Kirit Parikh and the T L Shankar Committee on
coal sector reforms.
The Energy Coordination Committee, headed by Prime Minister Manmohan
Singh, had then asked the Planning Commission to prepare a paper on the
issue. However, so far, the Coal Regulatory Authority could not see the light
of the day.
Introduction to Bill
After the recent Comptroller and Auditor General's (CAG) observations on the coal
sector and the Coalgate controversy, the Government has now come up with a
draft Independent Coal Regulatory Authority Bill, 2012 to establish an independent
regulator for the coal sector that will have a firm say in allocation of blocks and
ensure strict enforcement of mining regulations.
The Government says that the independent regulator was needed considering the
near-monopoly the producers in the coal industry enjoy and the fact that regulation
was currently done by agencies closely associated with the government as well as
the same producers.
Salient Features
1. The proposed Bill seeks providing a level-playing field to all stakeholders and
promoting investment in the sector.
2. Coal Regulatory Authority would comprise a chairperson and four members,
one each for the legal, technical, finance and administration wings. The
chairperson and the members would be appointed by a selection committee
headed by the cabinet secretary.
3. The bill seeks to empower the proposed regulator to decide the fuel's prices
and to suspend or cancel authorisations of errant coal producers.
4. The authority would also specify standards of performance and operational
norms for coal companies and monitor the same.
5. The proposed authority would determine the price of raw coal, washed coal
and by-products.
6. The authority would advise the Centre on formulation of the policies.
7. coal ministry's role would be largely defined by the regulator and it would try
and adhere to the advice extended by the regulatory mechanism
8. Centre's role would be restricted to policy-making while the regulator would
ensure implementation of the policy.
9. The regulator's functions would include specifying the quality and
performance parameters, ensuring adherence to the mining plan, recovering
penalties, monitoring the utilisation of funds for coal conservation and
promoting clean coal technologies.
10. To ensure independent functioning of the regulator, a Coal Regulatory
Authority Fund has also been proposed. All grants, fees and charges received
by the Authority under this Act and all sums received by the Authority shall
be credited to this fund.
Major Issue: Pricing Power of the Regulator
In India, the prices of coal currently being realised at e-auctions, the majority of
which is supplied by CIL, are about 80 per cent higher than the notified price.
However, as per the bill, the proposed authority will have pricing power. In a recent
GoM meeting it was said that there is no commercial mining in India by companies
other than (state-run) Coal India Ltd. Coal India decides price of the fuel without any
formal directive from the coal ministry, but the government has a say because it
holds majority equity. Some ministries have said that the bill would take the
country back to the pre-1991 era of licence raj and there must be a difference
between regulation and licensing.

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