Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
No: 23 Dated: Jan, 16 2019
JHARKHAND WATER, GAS AND DRAINAGE PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) ACT, 2018
(JHARKHAND ACT, 23, 2018)
1. Short title, extent and commencement. (1) This Act may be called the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018.
(2) It extends to the whole of the State of Jharkhand.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,
(a) “Competent authority” means any person or authority authorized by the State Government by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(b) “Corporation” means any body corporate established under any Jharkhand Act and includes –
(i) A company formed and registered under the Companies Act, 2013; and
(ii) A company formed and registered under any law relating to companies formerly in force in any part of India;
(c) “Collector” means the Deputy Commissioner or any Deputy Collector of the district especially empowered by the State Government to perform all or any function of Collector under this Act.
(d) “Prescribed” means prescribed by rules made under this Act.
3. (1) Whenever it appears to State Government that it is necessary in the public interest that for the transport of water, gas or drainage from one place to another place, pipelines may be laid by the State Government, or, the corporation and that for the purpose of laying such pipelines, it is necessary to acquire the right of user (ROU) in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user there in.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed.
4. (1) Any person interested in the land may, within thirty days from the date of the publication of notification under sub-section (1) of section 3, object to the laying of the pipelines under the land.
(2) Every objection shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in persons or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order either allow or disallow the objections.
(3) Any order made by the competent authority under sub-section (2) shall be final.
5. (1) Where no objection under sub-section (1) of section 4 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, that authority shall, as soon as may be, submit a report accordingly to the State Government and upon receipt of such report, the State Government shall declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines shall be acquired.
(2) On the publication of the declaration under sub-section (1), the right of user in the land shall vest absolutely in the State Government free from all encumbrances.
(3) Where in respect of any land, a notification has been issued under sub-section (1) of section 3, but no declaration under this section has been published within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of the said period.
(4) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit, to impose, direct by order in writing that the right of user in the land for laying the pipelines shall, instead of vesting in the State Government, vest either on the date of publication of the declaration or, on such other date as may be specified in the order, in 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 Corporation free from all encumbrances.