Maharashtra Underground Pipelines and Underground Ducts (Acquisition of Right of User in Land) Act, 2018
No: 44 Dated: Aug, 09 2018
Maharashtra Underground Pipelines and Underground Ducts (Acquisition of Right of User in Land) Act, 2018
ACT No. XLIX OF 2018
An Act to provide for the acquisition of right of user in land for laying underground pipelines and to create underground ducts for carrying utilities and services (except electricity cables) in the State of Maharashtra and for matters connected therewith or incidental thereto.
WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to provide for the acquisition of right of user in land for laying underground pipelines and to create underground ducts for carrying utilities and services (except electricity cables) in the State of Maharashtra and for matters connected therewith or incidental thereto ; and, therefore, promulgated the Maharashtra Underground Pipelines and Underground Ducts (Acquisition of Right of User in Land) Ordinance, 2018 on the 9th May 2018 ;
AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State Legislature ; it is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :—
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Underground Pipelines and Underground Ducts (Acquisition of Right of User in Land) Act, 2018.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 9th May 2018.
2. Definitions:- In this Act unless the context requires otherwise,—
(a) “Competent Authority” means any person or authority authorized by the State Government, by notification in the Official Gazette, to perform the functions of a Competent Authority under this Act ;
(b) “Corporation’’ means any body corporate established under any Central or State Act or a company incorporated under the Companies Act, 2013 or any other law for the time being in force ;
(c) “Government” or “State Government” means the Government of Maharashtra ;
(d) “Land Acquisition, Rehabilitation and Resettlement Authority” means the Authority established under sub-section (1) of section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “Urban Local Body” means the local authority as defined in subclauses (a), (b) and sub-clause (c)(iii) of clause (15) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 ;
(g) “underground pipeline” means an underground pipeline laid for carrying utilities and services from one place to another at a depth of not less than one and a half meter of the land surface ;
(h) “underground duct” means a duct created not less than one and a half meter below the surrounding ground level for carrying utilities and services from one place to another.