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.