Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014

No: 4 Dated: Mar, 07 2014

THE JAMMU AND KASHMIR UNDERGROUND PUBLIC UTILITIES (ACQUISITION OF RIGHTS OF USER IN LAND) ACT, 2014

(Act No. IV of 2014)

    An Act to provide for the acquisition of the right of user in land for laying of gas pipelines and other underground public utilities in the State of Jammu and Kashmir and for the matters connected therewith.

    Be it enacted by the Jammu and Kashmir State Legislature in the 65th year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014.

(2) It shall come into force at once.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Act" means the Jammu and Kashmir Underground Utilities (Acquisition of Rights of User in Land) Act, 2014 ;

(b) "competent authority" means any person or authority authorized by the Government, by notification in the Government Gazette, to perform the functions of the competent authority under the Act and different persons or authorities may be authorized to perform all or any of the functions of the competent authorities under various provisions of the Act in different areas specified in the notification;

(c) "Corporation" means any body corporate established under any Act of the Parliament as applicable to the State of Jammu and Kashmir or State Legislature and includes-

(i) a Company formed and registered under the Companies Act, 1956; and

(ii) a statutory authority established under any Act of the Parliament as applicable to the State of Jammu and Kashmir or State Legislature;

(d) "Court" means the Principal Civil Court of original jurisdiction in a district;

(e) "District Collector" means the District Collector as defined in the Jammu and Kashmir Land Revenue Act, Samvat 1996;

(f) "gas" means a matter in gaseous state which predominantly consists of methane;

(g) "Government" means the Government of Jammu and Kashmir;

(h) "land" means the land as defined under Jammu and Kashmir Land Acquisition Act, Samvat 1990;

(i) "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of right of user in land under the Act;

Explanation. - For the purpose of this clause, person shall be deemed to be interested in land only if he is interested in an easement affecting the land ;

(j) "prescribed" means prescribed by rules made under the Act ;

(k) "rules" means the rules made under the Act: and

(l) "utility" means underground laying of gas pipelines and includes such other utility as may be notified by Government from time to time by notification in the Government Gazette.