Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
No: 50 Dated: Dec, 07 1962
THE PETROLEUM AND MINERALS PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) ACT, 1962
ACT NO. 50 OF 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 India as follows:—
1. Short title, extent and application.—(1) This Act may be called the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It applies in the first instance to the whole of the States of West Bengal, Bihar, Uttar-Pradesh and Gujarat and the Union territory of Delhi, and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to such other State of Union territory and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that State or Union territory accordingly.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act and different persons or authorities may be authorised to perform all or any of the functions of the competent authority under this Act in the same area or different areas specified in the notification;
(b) “corporation” means any body corporate established under any Central, Provincial or State Act, and includes—
(i) a company formed and registered under the Companies Act, 1956 (1 of 1956); and
(ii) a company formed and registered under any law relating to companies formerly in force in any part of India;
(ba) “minerals” have the meanings assigned to them in the Mines Act, 1952 (35 of 1952), and include mineral oils and stowing sand but do not include petroleum;
(c) “petroleum” has the same meaning as in the Petroleum Act, 1934 (30 of 1934), and includes natural gas and refinery gas;
(d) “prescribed" means prescribed by rules made under this Act.
3. Publication of notification for acquisition.—(1) Whenever it appears to the Central Government that it is necessary in the public interest that for the transport of petroleum or any mineral from one locality to another locality pipelines may be laid by that Government or by any State Government or a corporation and that for the purpose of laying such pipelines it is necessary to acquire the right of user 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 therein.
(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.