ORDERS & NOTIFICATIONS 1.4, Petroleum & Mineral Pipelines(P&MP) Act, 1962 and Amendments thereto:PETROLEUM ip MINERALS. PIPELINE ACT 1962 (P&MP ACT 1962)J 2 2 > > > » > ? > * ’ ‘THE PETROLEUM MINERAL PIPELINES (ACQUISITION OF RIGHT OK USER IN LAND JACT, 1962 Act No, $0 of 1962 1.7" December, 1962] An Act to provide for the acquisition of right of user in land for laying pipelines for the transport of petroleum and minerals and for matters connected therewith. Be it enacted by Parliament in the Thirteenth Year of the Republic of Jadia as follows: 1. SHORTTITLE, EXTENT AND APPLICATIONS a) Q) ®) “This Act may be called tho Petroleum & Mincrals Pipelines (Acquistion ‘of Right of User in Land) Act, 1962. Itextends to the whole of India except the State of Jammu and Kashenir, 1 applica in the first instance to tho whole of the Statcs of West Bengal, Bikar, Utar Pradesh and Gujarat and the Union Teritory of Defi, and the Central Government may, by notification in the official Gazette, declare that this Act abull also apply'to such other State or Union Territory and with effect fom such dato as may bo specified in that notification and there upon the provisions of this Act shall apply to that State or Union ‘Tentitory accordingly. 2, . DEEINITIONS: In this Act, unless the context otherwise requires ~ @ ® “Competent Authority” means any perton or authority authorized by the Central Government, by notification the Official Gazette, to perform the fonctions of the Competent Authority under this Act and’ different persons or. ‘authorities may be authorized to perform all or any of the functions of the ‘Competent Authority under this Act in the same area or different area specified in the notification. “corporation” imeans any body corporate established under any Central Provincial or State Act, and includes = © ‘aeompany formed and registered under the Companies Act, 1956; and (@) a company formed and registered under any law relating to companies forme in foree in any pact of India, (bi) “minerals” have the meaning assigned to them in the Mines Act, 1952, and inctude mineral oils and stowing sand but do not include petroleum,& ~e ey (©) *pettoleun” has the wxme meaning a in the Petroleum Act, 1934 and facies * , natural gas and refinery gas; (@)_ + “presctibed” means prescribed by rules made under this Act. 3. PUBLICATION OF NOTIFICATIONS FOR ACOUISTTION: (1) Whenever it appears to the Central Government that is netessary in the public interest that for the transport of petroleum or any mineral from one locality 10 another locality pipelines may be laid by that Government or ty any State Goverment or a corporation and that for the purpose of laying such pipelines it fs necessary to acquire the right of user in any land -unider which such pipelines may be laid, it may, by notification in the Official Gazette, dectare its intention to acquire the tight of user therein. 2) Every notificafion-ander sub section (1) shall give a brief description of the land. (G)__ The competent authority shall cause the substance of the notificaticn to be ‘blished af such places and in auch mannet as may be presotibed. 4.) POWER TO ENTER, SURVEY ETC, (Q)_-On the issue of a notification wader sub-section (1) of nection 3, it shall be awful for any perwon authorized by the Central Goverument or by the ‘State Government or the corporation which proposes to lay pipelines-for 7 ‘transporting petroleum or any mineral, and his servants and workmen (@) to enter upon and survey and take levels of any land specified in the notification, (®) to dig or bore into the sub-soi {() to set out the intended tine of work (6) to mark such levels, boundaries and fino by placing marks and cutting trenches, (©) where otherwise survey cannot be completed and levels taken and the boundaties and ine marked, to cut down and clear away any part of amy standing crop, fence or jungle, and 7 (D to do ail other acts necessary to ascertain whether pipelines can be lid under the land; Provided that while exercising any power under this section, such person or any servant of ‘workman of such person shall cause as little damage or injury as possible to such land.we ae fy A Be HEARING OF omECTIONS. @M @ @ ‘Any person interested'in the land! may, within twenty-one days froma the date of the notification under sub-section (1).of section 3, object to the laying of the pipetines under the land, Every objection under sub-section (1) shall be made to the competent authority in waiting and shall set out the grounds thereof and the competent authority shall give the objector and opportunity of being heard either in person or by a legal practitioner and may, after hearing all such ‘objections and after making such further inquiry, if any, a8 that authority thinks necessary, by order whether allow or disallow the objections. Any order made by the competent authority under sub-section (2) shall be ‘inal, DECLARATION OR ACQUISITION OF RIGHT OF USER, ay ® @) GA) ‘Where no objedtions under sub-section (1) of section 5 have been made to the competent authority within the petiod specified therein or where the comipetent authority has disallowed the objections under subsection (2) of that section, that authority shall, as soon as may be, either make 2 report ia respect of the land described in the notification ander sub-section (1) of section 3, or make different roports in respect of different parcels of such land, to the Central Goverment containing hia recommendations on the ‘nreapoctive of whether one report or different reports have been made by the competent authority under this section. (On the publication of the declaration under sub-section (1), the sight of user in the Jand specified therein shall vest absolutely in the Central ‘Government free from afl encumbrances. Where in respect of any land, a notification has been issued under sub- section (1) of section 3 no declaration ‘in respect of any parcel of land ‘coversi by that notification has been published under this section within period of one year from the date of notification, that notification shall caso to have effect on the expiration of that period, No declaration in respect of any tnd covered by a notification isiued under gub-section.(1) of scetion 3, published after the commencement of the Petroleum Pipetines (Acquisition of Right of User in Land)” ‘Amendment Act, 1977, shall be ude after the expiry of three years from the date of such publication,f (4) Notwithstanding anything contained in sub-scetion (2), the Cerital % Goversiment may, on such terms and conditions as it ray think fit 10 3 impose, direct by order in waiting, that the right of user in the land for taying pipelines ahall, instead of vesting in the Centrsl Government vest, . ‘either on the date of publication of the declaration or, on such other date as may be specified in the direction, in the State Goverment or the corporation proposing to lay the pipelines and thereupon the right of such ‘user in the land shall, subject to the terms and conditions so imposed, vest in that State Government or corporation, 25 the ease may be, free from all encumbrances. 1 iF VI ENT __OR CORPORATION TO LAY PIPELINES. a) ‘Where the right of user in aiyy lati has vested in the Central Government ‘or in aty State Government or Cosporation under section 6 — (i) it shall be Sawful’ for any person authorized by the Central Government or such State Government or corporation, 28 the'casé ray be, and his scrvanta and workmen to enter upon the land and lay pipelines or to do any other act necessary for the laying of pipelines: ) \ y ‘Provided that no pipeline shall be laid under — - 6 (2) any land which, immediately before the dato of the notificati 7 i: under sub-section (1) of section 3, was used for residential > purposes; : 5 (&) any land on which there stands any permanent structure which 7 was in existence immediately before the maid date; ie (©) anyland which is appurtenant to a dwelling house; or 2 (4) any land at a depth which i leas than one metre from the surface; : : (a) for laying pipelines for the transport of petroleum, it shall be is lawful for any person authorized by the Central Goverment or : ‘corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any Innd has so vested for laying pipelines for transporting any mincrel, which shall be lawful for such person to use such Iand for laying pipelines for transporting petroloum of any: other mineral; and (i such tand shall be used only for taying the pipelines and for maintaining, examining, repealing, alteting or removing any such * pipelines or for doing any other ‘act necessary for any of the : aforesaid purposes or forte utilization of such pipelines. ree8 8 ae @ If any dispute scion with regard tovany ‘matter referred 13 in, ‘paragraph (b) or paragraph (c) of the proviso to cause (i) of sub- section (1), the dispute ahall be referred to the competent authority whose decision thereon shalt be, final. 8 POWER TO ENTER LAND FOR INSPECTION. ETC, For maintaining, examining, repairing, altering of removing any pipeline, or for doing any other act necessary for the uiilization of the pipelines or for the making of any inspection or ‘measurement for any of the aforesaid purposes, any person authorized in this behalf by the Central Government, the State Government or the corporation, as the case may be, may, after ‘giving reasonable notice to the occupier of the land under which the pipeline has been laid, ‘enter therein with such workmen and assistants as may be necessary: Provided that, where such potion is satisfied that an emergency exists, no such notice shall ‘be necessary: z Provided further that, while exercising any powers under this section, such person or any workman of assistant.of such person, shall catse 2s little damage or injury as possible to such land. BI 9. RESTRICTIONS REGARDING THE USE OF LAND. (1) The owner or occupier of the land with reapect to which a declaration has been made under sub-section (1) of scction.6 shall be entitled to use the Jand for the purpose for which such tend was put fo use immediately before the date ofthe notification under sub-section (1) of section 3, Provided that, such owner or occupier shall not after the declaration under sub-section (1) of section 6-_ (3) construct any building or any othr structure; (i) construct or excavate any tank, well, reservoir or dam: or plant any tree, on that kind, (2) The owner or oceupier of the land under which any pipeline has been laid not do any act or permit any act to be dono which will or i likely to cause any damage in any manner Whatsocver to the pipeline, (3) Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 6- @ constructs any building or any other structure, or (&) constructs or exeavate any well, thank, reservoir or dam, or (©) plants any tee, 7con that land, the Const of the District Judge witin the local ita or whose jurisdiction gush land is situate may, on an. application mado to it by the competent authority and after holding. ‘such inquiry as it may-decm-fit, cause the building, structure, reservoir, dam or tree to be removed of tho well or tank to be filled up, and the costs.of such removal offing up shall tbe recoverable from such owner or occupier in the same manner a8 if the order for the recovery of such costs were a decree made by that Court, 10. COMPENSATION & a) ® @) Whore in the exercise of the powers conferred by section 4, section Tor section & by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or 4s being, or has been Isid, the Central Government, the State Government ‘oF the corporation, 2a tho case may be, shall be liable to pay compensation ‘to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the fist instance, If the amount of compensation determined by:the competent authority ‘under sub-section (1) is not acceptable to cither of the pasta, the amount of compensation shall, on application by either of the parties to the Disiract Judge within the Hints of whose jurisdiction the Land or any part ‘thereof is situated, be determined by the Distract Judge, ‘The competent authority or the Distros Judgo while determining the compensation under sub-section (1) or sub-section (2), a8 the case may be,” shall faye due regard to the damage or loss sustained by any petson {nferested in the land by reason of @ tho reinoval of trees or standing crops, if any, on the land while exercising the powers under section 4, section 7 or section 8; the teinporery edverance of the land under which the pipeline has been laid fiom other lands belonging to, or in the occupation of, such person; or Gi) aay injury to any other property, Whether movable or immovable, or the eamings of such persons caused in any other manner: @® Provided that in determining the compensation no account shall be taken of any structure or ‘other improvement made in tho land after the date of the notification under sub-section (1) of section 3. @ Where the right of user of any land has vested in the Central Government, the State Goverment or the Corporation, the Central Government, the State Government or the Corporation, as tho case may be, shall, in ‘addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to any other person whose right of ‘enjoyment in that land has been affected in any manner whatwocver by reason of such vesting, compensation calculated at ten per cent of the market valuo of that land on tho dato of the notification under sub-section (1) if section 3.a we duvet Or Lo} 11, DEPOS a) @® ‘ e) @) @) 2 COURTS. ‘Tho market value of tho Iand on the ‘said date shall-be determined by the competent authority and if the valuc 60 determined by that authority is not acceptable to either of the pactcs, it shall, on application by either of the parties to the District Sudgo referred to in sub-section (2), be determined by that District Judge. ‘The decision of the District Judge under sub-section (2) or sub-section (5) ‘shall be final. \Y MENT OF COMPENSATION. ‘The amount of compensation determined under section 10 shall be deposited by tho Central Goverment, the ‘State Government or the ‘corporation, as the case may be, With the competent authority within such sme andin such manner a may be prescribed. If the amount of compensation is not deposited within the time prescribed under sub-tection (1), the Central Goverment, the State Goverment or the corporation, a8 the case rasy be, shall be liable to pay interest thereon at the rate of six por cent per annum’ from the date of on which the ‘compensation had to be deposited til the date of the actual deposit, ‘As toon as may be after the’ compensation has been deposited under sub- ‘section (1) the competent authority shall, on behalf of the Central Goverment, the Stato Government of the corporation, as the case may be, pay the compenwation to the persons entitled thereto, Fi Where several persons claim to be interested in the amount of compensation deposited under subsection (1), the competent authority, shall determine the persons who in its opinion are entitled fo reccive the ‘conupensation and the emount payable to each of them. If any dispute srzea as to the apportionment of the compensation or any. part thereof or as to the persons fo whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Distt Judge within the limits of whose jurisdiction the land or any part thereof is situated and the decision of the District Judge thereon shall ‘be final. Al 1 S_OF CI ‘The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a auit under the Code of Civil Procedure, 1908, in respect of the follovring matters, nammely’= (@) summoning and enforcing the attendance of any person and examining him on oath;*(b) © requiring the discovery and production of any document; ~ (©) reception of evidence on affidavits; (@) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses. 13. OTECTION OF ACTI 1D (1) No suit, prosecution of other legal proceeding shall lie against any person for anything which is jn good faith dane or in tended to be done in pursuance of this Act or any rule or notification made or issued thereunder. (2) No suit'or other legel proceeding shall lie against the Central Government, the competent authority ot any State Governimeat, or corporation for any damage, loss br injury caused or likely to be caused by anything which is in good faith done of intended to be. done in pursuance of this Act or any rule or notification made or issued thereunder, 14. BAR.OF SURISDICTION OF CIVIL COURTS. ‘ Save.as otherwise expressly provided in this Act, no civil court shall havo jurisdiction in respect of any matter which the competent authority is empowered by or under this Act to determine and no injunction shall be granted by any cout of other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred By or under this Act. 48. PENALTY. (1) Whoever wilfully obstructs any person in doing any of the acts authorized by section 4 of section 7 or section 8 or willfully fills up, destroys, damage or displaces any trench or mack made under section 4 of willfully does any act protibited under section 9, shall be punishable with imprisonment which may extend to six months or with fine or with both. Q) Whoever wilfully removes, diaplaces, damages or destroys any pipeline laid under section 7, shall be punishable with rigorous imprisonnient for a term which ahall not be fess than one year, but which may extend to three ‘years and shall also be liable to fine, 16, CERTAIN OFRENCE TO BE COGNIZABLE, Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence falling under sub-section (2) of section 15 shall be deemed to be cognizable within the meaning of the Cods.17. POWER TO MAKE RULES, ay a QO The Central Government may, by notification in Official Gazette, make rules for carrying out the provisions this Act, In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely’ (a) the places at which and the manner in which the substances of the notification may be published under sub-section (3) of section 3: 7 {b) the time within which aad the manner in which the amount of compensation may be deposited under sub-section (1) of section 1. : [Every rate made under this Act shall be taid as soon as may be after itis made before each House of Parliament while it in in seesion for a total petiod of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive’ sessions aforesaid, oth Houses agree in making any modification in rule or both Houses agree that the rule should not’be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, 60 however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that nile. 18. APPLICATION OF OTHER LAWS NOT BARRED, “The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force relating to acquisition of land.ed PVOVGOVODUOOODOHUUEUGEHUE EEE EHEC EC ECHE RIGHT OF USER IN LAND ACT, 1962 - No. $0 of 1962 (7th December, 1962) TIE PETROLEUM PIPELINES (ACQUISITION OP RIGHT OF USER IN LAND) RULES, 1963 (Published in the Gave of Ilia, ded (3th April, 1963) INSTRUCTIONS 1. These insinietions have no statutary foree anid should. not he quoted in any otrespondence with outside authorities. 2. The competent authority shoul send draft notification under section 3(1) of the Acct to the Genetal Manager (Pipelines) for subvnission to the Central Government. The notification may be in the Form 1. Every notification wmder section 3(1) of the Act must contain the detsils mentioned in rule 3(1). Care showild he taken to exclude (1) Lands mentioned in (9}, (b) and (c) of provision to section 7(4)i) of the Act; (2) Lands belonging to the Central or any Sinte Government or fo any Municipality ot other focal authority. For convenience sake, it would be best to isnie a separate notification in respect of each Tehsil/Thane of cach district. Ie is neceswary that « landiplan should be published with each notification but it would be advisable fo make 4 Tand plan available for inspection in the affice of the ctmpetent authority. 3. The substance of the notification must be published’ in the manner mentioned in rule 3(2)(a) and (t), that is to say both by beat of dum and affixing a copy in a conspicuous place in the locality. There should also bbe evidence in writing to show that the notification has heen so published. 4. As soon as the draft notification is sent, lists of the persons referred to in rule 3(3) should be prepared and copy of the notifiention should be served on cach of them in Form 2 and in the manner laid down in rule 8. Where the person concerned resides in same village in which the land in question lines, personal service of the notice may be effected, In all other cases except where the notice is proposed to be served in the manner Inid down in nile 8(3}, it may be sent to the person intended by registered post acknowledgment due. 5. The perio! within which objectinns may he made tthe laying of the pipeline is 21 days from the date of notification under section 3(1) of rule 3(2) oF even the service of the notice under rule 3(3), 6. After orders on the objections received are passed under section 5(2), the report mentioned in section 6(1) should be sent along with « draft declaration (in Form 3) under section 691) of the Act to the Conttal Government (Ministry of Mines and Fucl), A cony of this should also be sent to the General Manager (Pipelines).ee Cy ee yee ce ete ea wee EEE ‘THE PETROLEUM PIPELINE (ACQUISITION OF RIGHT OF USER * IN LAND) AMENDMENT ACT, 1977 NO. 15 OF 1977 {18 Apel, 197) An Act to amend the Petroleum Pipelines (Acquision of Right of User in Land) Act, 1962, Be it enacted by Patsment in the Twent-ighth Year of the Republic of India as felon 1. Short ete and commencement 8) This Act may be cated the Petroleum Piptines CAsauiston of Right of User én ‘Lan Amendent Ack 1977 @) Reha be deemed to have come ino force onthe 3° day of best, 1977, ‘Amendment of tone te A, ‘Gerenafter refered 10,28 the principal Ac) tn the Tong tie, for the words *for laying petroleum pipeines’, the words “Tor “+ petroleum and miners” sal be mbethted. 3. Amendment of Section 1 Jn wecton 1 of the principal Act, in sub-ccton (1), for the words “Petroleum Pipelines” the words “Petroleum and Minerals Pipelines” shal bo subaited. 4. Atmendment of section 2 Inaction 2 of the principal Acts : (@—Inctause (2), th felling word hal bo inserted atthe end narvey= “and diferent persona orathriten may be authorized to perform alo any ‘ofthe function of th competent authority tnder this Actin the aame area of ferent areas epee in te notation"; (8) after tase (the flowing clase shal be inserted namelyera 2 ve esaguavvuvudYe ewes evresoeeueuUYENY o wa) (03) miners” have che msenige petoteans, ‘Amendment of section 3. 1n section. 3 of the pincpal Act in subvaecion (1), ater the woids “wanspor of ‘petroleam”, the word or ay mineral” eal be inserted. Amendment of ection § = 1a acon 4 of the principal Act, aller the words “for transporting peswleun, the ‘words “or any mineral shal be esetted, Amendment ofssstion In oetion 6 ofthe principal Act D—Inmabsection 1) (2) foc Sho onda “mbna report sccontingy to the Cental ""— Goveznment, the words, brackets nod figures “iter mako a spor seapect ofthe Ind descbed fx the notation under mib-eccton (0) of tack 3, or mak tie ora espe Seren pares of hls recommendations suc nd, to the Cental Government ‘onthe objections togsher with the recon of the proceedings held by ‘him, forthe deision ofthat Governicn™ahal be substituted; ©) ster the words “ths Central Governmental, the words “if atisied ‘hat such land is remind for Lyng-any pipeline forthe transport of petrcleum or ary mineral, sal be laser (6) the words, brackets and figures" and different declarations any be ‘nade from tine 10 tine in respet.of different parcels of the land eacribed in the notification tamed under ubccion (1) of ection 3, Iurepoctve of whether rept or diffrent reports havo boca made by ‘he competent authority under his seen” shal by aseted atthe ends In ubesecton (2), for the wows “in the Land the words “Sn the tand species therein” al be subtitled, jn mbsecion @), for the words “no deduraion under ths scction fas been publihed”, the words “ao declaration in reapect of any parcel of land covered by that foliation has been published under tis ection |ee Sy ee ee eee Ee WO MEE BE BY Go) afer sub-section (3), the folowing sraction shal be inserted, namely= “GAY No dectwation in eapect of any and covered by 2 notiioaion iarued under eub- section (1) of soction 3, published afer he commencement of the Petroleum Pipclnes (Acton of Right of Uner ia Land) Arnendsnent Act, 1977, shall be made after the expiry ‘of tee yera fre the date of sch publeston™. % Amendment of section. {accion 7 of the principal Act an ub-acetion (1) = (@)—imelause i, the word and” tthe end shal be omited; (i) ater clause (he Fllowing lane dl be inserted, rarely = "Gin) for laying pipelines forthe transport of petolem, it shal be lawl for any ‘person authorized by the Cental Government or sich Stato Government ot corporation to use such land for lying pipelines for anspontng any mineral and where the right of user i any land as 20 vested fo laying pipetnes for ni ‘wansportng any mietal, it all be lef for auch person to wo each land for aying ppsines for taaapertng petroleam or any ofher mineral and". 9. Amendment of Section section 9 of the principal Ac, afler sub-section (2), the following eub-sction shall be inverted, mamely:- “(1) Where the owner oF cesupler of the Land with respect to which a declaration has been sade under sub-section (1) of section 6x (2) constructs any bulling or ay other structure, oF (©) conuuructs or excavtes any well tank, reser or dam, fe) plantany tree, ‘on the fend, the Court ofthe Dsct Judge within he loal fits of whose juisleion wach land i siuate may, on an spplcalon made to i by the competent authority and after holding such inquiry as i may deem fi, exve the balding, stuctuo, reservoir, dim or tee to be ‘removed ofthe well tank tobe filed up and the cons of auch removal or filing vp aall be recoverable from such owner or occupier inthe sane manner a8 if the order for the recovery ‘of such coats were decree made bythe Cou "Oe SETH KR TTO LOCOS GBYEISVI LV IIY- 410, Amerementofecton 17, In seton 17 ofthe rnc Aet= (© ixeub-ecton (1) forthe word purpsoe" the word “provisions sul be abatateds, in subsection (~) for the werda “befor the expiry of the scaion in which its a0 aid ‘or the muccesive scnione aforesaid", the words “before the expicy of the sesion Inman fotovng te wanion or the mncesve seins afrtaid™ sal te substituted :gies ® a > a be eye eT EVebee be YON HEB UY GoW stained by any person incre in the Yd under wih the pipetne i propose to be, or 1s being, or has been Ii he Central Goverment the Safe Government oF die Cotporaion, 2s the cho ray bo, abl bo lable to pey compenstion fo euch person for such damiag, fost or igny, the amount of which shal be detained by the competent aulvorty ia the fet inatance. @ o &Q sy Ifthe amount of compensation detemnined by the competent suthorty under sub- section (1) is not acceptable to either ofthe partes, the amount of compensation thal, ‘on application by either ofthe pats to the Distct Judge within th linia of whose $adon the Id or ary pt ea ae, be determined by at Diet tu The competent sutosiy, oF the Distict ge while determining the compensation under aub-acetion (1) of subacction (2) ax the case may te, all have due regard 10 the damage or los by any person intrested inthe land by reason. f= lhe removal of tree or eating exop, if ay, onthe Land wile exersing the powers under Section 4 Section 7 or Setion 8; the tempornry sverant ofthe land under which the pipeline has boen tld frm other land belong 1, onthe occupation of, ach person; any injuy 10 any cther progeny, whether movable or immovable or the earings of such persons caused laany other mame rcv that in determining the conpenaction no acount shall be token of any structure of ther improvemient made inthe land after the date ofthe notieation under sub-section (1) of Section 3. o © ‘Where the right of user of any land has vested in the Cental Government, the State Goverament of the Corporation, as the eave muy bs, shal, nation to the ‘compezscon; if ary, pryable under aub-section (I), be lable to pay to the owner and to any other person whose tight of enjoyment in that land has been affected in any’ ‘manner whatioever by reason of auch vening, compensaon caletlted alten percent ofthe market ofthat land on the date ofthe ntifeation under sub-section (1) of Section 3. 7 ‘The market value of tho land on the sai dat shall:be determined by the competent authority and if tho Value so determined by dat authority is nt aceoplabl to cher of tho parte, it abel, on application by either of the pares to the Distt Judge referred foin sub-section (2) bo deterined by that Distro Judge.asvocoreccgortvseoudedyvIgudIsdYrbUvYIy) 2 ® o © « vest ‘Competent Authority t'have certain powers of Civil Court ~ Tho competdat author shall have, forthe purposes of tls Ac, all the powers of a Chil Cou while trying 2 aut under the Code of Ci Procedure, 1908, n respect of the following rater, narely- snunumoning and enforcing the attendance of any person and examining him on ost; equiting the discovery and production of any document; reception of evidence on affidavits; equsoning any poli record tor any covet or oe;(Nyn4/0007/2009-11 TISGA The Gasette of India EXTRAORDINARY wt Oe a PARTI — Section £ saftrerre & wartfere PUBLISHED BY AUTHORITY 3) “4 Reet, Gavan, Sat 19, 2012/ te 25, 1959 Cane) No.9] __NEWDELII, FRIDAY, JANUARY 13,2012/ PAUSA 23, 1933 (SAKA) a OU Fae ys teen an & Pore fe ae ae ere S wT GEN TST Separate paging is piven to this Partin orter th ay be filed as a separate compilation. MINISTRY OFLAW AND JUSTICE (Legistative Department) New Delhi, the Y3th January,2012/Pausa 23, 1933 (Saka) The following Act of Parliament received the assent of the President on the 12th January, 2012, and is hereby published for general information: THE PETROLEUM AND MINERALS PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) AMENDMENT ACT, 2011 (No.9. 2012) [12uh Jammuary, 2012.} ‘An Act further to amend the Petroleum and Minerals Pipelines (Acquisition of Right of user in Land) Act, 1962. Beitenacted by Parliament in the Sixty-secondl Year ofthe Republi of India as follows: Right of User in Land) Amendment Act, 2011 1. (Z) This Act may be called the Petroleum and Minerals Pipelines (Acquisition of Short tle and (2) ltshall come into orce-on such date asthe Central Government may, by notification inthe Official Gazete, appointSebsttaion of Sand 16, Penalty, certain offences vo be cognizable, Burden of ror in Presorption regarding propery, ‘THE GAZETTE OF INDIA EXTRAORDINARY [Pave tt 2. For seetions 15 and 16 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, the following sections shall be substituted, namely: "15. () Whoever witflly obstructs any person in daing ny ofthe acts authorised by section 4 orsection 7 or section 8 or willl fills up, destroys, damages or displaces ‘any trench or mark made under section 4 or witfully does any act prokibited under section 9, shall be punishable with imprisonment for a zerm which may extend to six months or with fine or with both (2) Whoever wilfully makes or causes to make any unauthorised connection with or removes, destroys, damages or displaces any pipeline laid under section 7, ot ‘wilfully inserts any device to extract petroleum product or minerals from such pipeline, ‘or wilfally disrupts supplies being made through the pipeline, shall be punishable with rigorous imprisonment for aterm which may extend to ten years and shal also be liable to fine, (3) If any person convicted ofan offence under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with rigorous imprisonment for the second and for every subsequent offence for ateren which shall ‘not be less than three years but which may extend to ten years: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment fora term of less than three years (4) Whoever, with the intent to eause or knowing that he is likely to. cause 3 2 3 > > ~ o . PUBLISHED IN THE GAZETTE OF INDIA, PAR II, SECTION 3, suB- SECTION (ii) Government of India Ministry of Mines and Fuel New Delhi, the 12 June, 1963 NOTIFICATION No, 1063: In exercise of the powers conferred by sub-section (3) of Section 1 of the Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby deglares That the said Act shall apply to the States of Kerala, Madhya Pradesh, Maharashtra, Mysore and Rajasthan with effect from the 12* June, 1963. (No. 31/6/63 ~ ONG) sw B. Subha Rao) Under Secretary to the Govt, of India + To The Manager, Government Of India Press New Delhi. aTO BE PUBLISHED IN THE GAZETTE OF INDIA, (EXTRA ORDINARY) PAR I, SECTION 3 SUB-SECTION (ii GOVERNMENT OF INDI MINISTRY OF PETROLEUM & NATURAL GAS. New Deihi, the t6" Keb, (993 NOTIFICATION BO. No. 1O8(E): In exercise of the powers conferred by sub-section (3) of Sestion lof the Petroleum and Minerals Pipelines (Acquistion of Right of User in land) Ave 1962 (30 of hice ght, Cental Goverment hereby specify the Ist day of January, 199% as the done on wilich the provisions ofthe said Act shall apply to the Union territory of Pondicherry No.: 0-12017 292-ONG:Ded Sd- (NARESH DAYAL JOINT SECRETARY TO THE GOVT. OF & Tel. No, 386935 To ‘The Manager, Government of India Press Mayapuri Press, Industrial Area, lew CC: General Manager (E&P) GAIL, New Delhi, Notification File.2 3 2 > a Pst d o BP PRE ee OES barre & ta, wet 2, uve 3, srs (A ere] ssc wee seat seme Lettre avn mf fre, sre, 1983 vos afro ate Pr arenes (oft sein Ree an eee) are, 1962 (1962 a7 50) aA er Lt seer (3) er wee ei web ea RY Aosta Ce, se we coer wt HRs, 1983 ae RR ge ewe oR (a 0-11011/3/83 - genes} , ran be Re] ites war, ss, a eI, BOT, sagt, ian, 8 Rh wifi stern - ait & afte, der ate orgs he oneby (seer erm) Ger se, teeTET 1 “2. af armed ween (Pre), stew, det ses, rH 3. ates, Bq eer, sere 4. afr oR wey. ta fee fatesfae ju (TOBE PUBLISHED IN THE GAZETTE OF INDIA, PAR I, SECTION 3) URSECT Government of Ina Ministry of Energy Deptt. ofPetroteum «New Del. the i" November, 1983, , 5.0, No, 4348: In exereisa of the powers confered by sub-section (3) of Section 1 of the Petroleum and Minerals Fpeines (Acquisition of Right of User in Land) Act. 1962 (30 of 1962), the Censral Government herehy decarea thatthe aaid Act shall apply 16 the Sites of “Tripara with effect from the I" December, 1983, 1 (0. 0-11011-383-Pred) sa > ‘Rajendea Sigh) Dirsetor To The Manager, Government of Inia Press Mayapur Press, Indus Area, New Deli. Copy tox 1. Secretary tothe Cameaission, ONGC (Production Dion) Tal Bhavan, Dehradun, 2. Shai V. Ramanyjachar, Meniber Finance), ONGC, Tel Bhavan, Dehradun, +3 Sectary tothe goverment of Tripura, Agartala 4 Noliation fe (ajendea singh) Diretor> & 3 % weweer PUBLISHED IN THE GAZETTE OF INDIA, PAR II, SECTION 3, SUB- SECTION (i) Government of In Minis of Petroieum snd Chemicals [New Det the 10" Maren, 1964 NOTIBICATION \No, 987: In exereite ofthe powers conferred by aub-secton (3) of Section 1 of the Petroleum Pipelines (Acquistion of Righ of User in Land) Act, 1962.50 of 1962), the Cental Goverment hereby declares yt the said Act shall apply to the Staes of Orissa, Anchvs Pradesh aed Madras with effet fom the 15° Mage, 1964, (No, 396063 ONG) ‘Us (sR) 10 ‘The Manager, Goverement of Indi Press New Deiwww wo ee vg feet, 11 wey, 2003 TA, 3243.— Rte eG eae ote on eT (fC euch safle wets) safer, 1962 9962 50) MH era 1 eer (3) Bre we rete We eB Be Me weet Rr te 11-11-2008 # se stirrer ee oo ee Teg Oo CTT (a sit rr0r6r2002-sinse-IV) weet, ery, se at ‘New Delhi the 11th November 2003 8.0. 3243,—Ia exercise of the powers conferred by Sub-seetion (3) of Section 1 of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, (50 of 1969) the Cental, Government hereby declares thatthe said Act shall apply o the Union Territory of Dadra & Nagar Haveli with effect frora the I1¢h day of November, 2003. . {No.0-12016-272002-0NG/DIV} NC. ZAKHUR, Under Sexy.Be IIIISSSSSSSSSSSSSSSS SK PED V2, ALAR ZO 12 TIRE 2003" wetat, 3244, trate weer, Batra ste eo TET (efi weet Be oniree wo area) aftPrme, 1962 seam) wh er 9 soe (9) BE el re He WE rE eer He + SPREE, 2003 Aoniae, wae she ovary wd St ory Tt Cat one rroria/2001-ai stmt} Age GAT, ore afer ‘Now Deli, the 12th Novernber, 2003, $.0. 3244—In exercise ofthe powers conferred ky the Sub-ection (3) of section 1 ofthe Petroleust& Miner's Pipelines (Acqusition ofRight of User i Land) Act, 1962, (50 of 1962) ie Centra, Goverment hereby declares that hesaid.« eae Conta the States of Utianchal, Macehand end Chasgar with eet from the 1s dey of Ober 2008 {(No.R-11011/3/2001-0R-I] RENUKA KUMAR, Under Seay.