 the petroleum pipelines (acquisition of right of user in land) bill, 1962(as introduciid in lox sabra on 12111 novbmbbr, 1962)  tile petroleum pipelines (ac~t1fsition of right of, user in land) b , 1962 (as introduced in lor sabha) a billto ,proui4e 1m tm acquibitton of right of ub'i' in ltmd lor laying petroleum pipelines and fm matters coaneated therewith bii it enacted by parliament in the thirteenth year of the republic of india as follows:-':' 1 (1) tilis act may be called the' petroleum pipelines (acquisl- short title, utent and tion of right of user in land) act, 1962 applic:atiod s (2) it ,extends to the whole of india except the ~tate 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 ot delhi; and the central government may, by notification 10 in the official gazette, declare that this act shall also apply to such other state or union territory and with e1fect 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 in this act, unless the context otherwise requires,-delaitlon  15 (a) "competent authority" means any person or authority authorised by the central government, by notiftcation in the official gazette, to perform the functions of the competent authority under this act; (b) "corporation" means any body corporate established under any central, provincial ot: state act, and includes-(i) a company formed and registered under the com- 1 of r9s6 panies act, 1956; and (ii) a company formed and registered under any law 5 relating to companies formerly in force in any part of india: (c) "petroleum" has the same meaning as in the petroleum f act, 1934, and includes natural bas and reftnery gas; 10 0 1934-(d) ''prescribed'' means prescribed by rules made under this act 10 pubucadod of notific::ati~ for acquiaitiod 3 (1) whenever it appears to the central government that it is necessary in the public interest that for the transport of petroleum 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 is 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 20 (3) the competent authority shan cause the substance of the notification to be published at such places and in such manner as may be prescribed  power to anter lurvey, etc t on the issue of a notification under sub-section (1) of section 3, it shall be lawful for any person authorised by the central govern- 25 ment or by the state government or the corporation which proposes to lay pipelines for transporting petroleum, and his servants and workmen-(a) to enter upon and survey and take levels of any land specified in the notification; 30 (b) to dig or bore into the sub-soil; (c) to set out th~ intended line of work; (d) to mark such levels, boundaries and line by placing marks and cutting trenches; (e) where otherwise survey cannot be completed and levels 35 taken and the boundaries and line' marked, to cut down and clear away any part of any standing crop fence or jungle; and (f) to do all other acts necessary to ascertain whether pipetines can be laid under the land: provided that while exercising any power under this section, such person or any servant or workman of such person shall cause as little damage or injury as possible to such land 5 (1) any person interested in the land may, within twenty-one hc:arl':'l o~ 5 day from the date of the notification under sub-section (1) of sec- ob)ecuodlo tion 3, object to the laying of the pipelines under the land (2) every objection under sub-section (1) 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 10 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, as that authority thinks necessary, by order either allow or disallow the objections (3) any order made by the competent authority under sub-sec-i 5 ~on (2) shall be final e (1) where no objections under sub-section (1) of section 50celaratiod have been made to the competent authority within the period speci- ~~:=::~t fied therein or where the competent authority has disallowed the of u8er objections under sub-section (2) of that section, that authority shall, 20 as soon as may be, submit a report accordingly to the central government and upon receipt of such report the central government shall declare, by notification in the official gazette, that the right of user in the land for laying the pipelines should be acquired (2) on the publication of the declaration under sub-section (1), 25 the right of user in the land shall vest absolutely in the central 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 30 of that notification, that notification shall cease to have eftect on the expiration of that period (4) notwithstanding anything contained in sub-section (2), the central 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 35 central 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 government or the corporation proposing to lay the pipelines and thereupon the right of such user in the land shall, 40 subject to the terms and conditions so imposed, vest in that state government or corporation, as the case may be, free from au encumbrances ~':ta:-7(1) wbfll'e the right of user 111 any land has ~~ in 'm state gov- central govermnent or in any state government or corporation emment or under section 6-corporatioq ~~ pipe-(i) it shall be lawful for any person authoriaed by 'the central government or such state government or corporation, , as the oase may be, an~ his servants and workmen to enter upon the land and lay pipelines or to do any other act neceasary for the laying of pipelines: provided that no pipeline shan be laid under-(a) any land which, immediately before the date of 10 the notification under sub-section (1) of section 3, u used for residential purposes; (b) any land on which there stands any pennaaent structure which was in existence immediately before the laid datej 1 s (c) any land which is appurtenant to a dwelling house; or (d) any land at a depth which is less tban- one'metre from the surface; and (ii) such land shall be used only for laying the pipelines 20 and foo' maintaining, examining, repairing,altering or removing any such pipelines or for doing any other act necessary for any of the aforesaid purposes or for the utilisation of such pipelines 'l1 ; j (2) if any dispute arises with regard to any matter referred to 2c; in paragraph (b) or paragraph (c) of the proviso to clause (i) of -sub-section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final power to 8 for maintaining, exwnining, repairing, altering or removmg c:nte! land any pipeline, or for doing any other act necessary for the utuisation 30 tor lrapecf h "lin f th rnakin f "ct" lion, etc 0 t e pipe es or or ego any mspe ion or measurement for any of the aforesaid purposes, any person authorised in this behalf by the central gov~ent, the state government or the col'pomtion, as the case may be, may, after giving reasonable notice to the occupier of the land under which the pipeune has been 3~ laid, enter therein with such workmen and assistants as may be' necessary: provided that, where such person -15 satisfied that an emergency exists, de such notice shan be necessary: itrovideci further that, while exercising· any powers under thla 'section; suth penon or any workman or assistant of such person, 8hall cause as little damage or injury as possible to such -land 9 (1) the owner or occupier of the land with respect to which rcstri~tiona  1  h b d d b ct' (1) f  6 rcgardtng 5 a dec aration as een rna e un er su -se lon 0 ~on ,the usc of shall be entitled to use the land for the purpose for which such land 'land was put to use immediately before the date of the notification under sub-section '(1) of section 3: provided that, such owner or occupier shall not after the decla-10 ration under sub-section (1) of section 6-(i) construct any building or any other structure; (ii) construct or excavate any tank, well,  reaervoir or clam; or (iii) plant any tree, is on that land (2) the owner or occupier of the land under which any pipeline has been laid shall not do any act or permit any act to be done which will or is likely to cause any damage in any manner whatsoever to the pipeline 20 '10 (1) where in the exercise of the powers conferred by see· compensation 4, section 7 or section 8 by any person, any damage, lois or lion -  injury is sustaided by any person interested in the land under which the pipeline is proposed to be, or is beir" or bas been laid, the 'ceatral  govenuneat, the state govenmumt or the corporation, 25 as the case may be, shall be liable to pay coiilp8jlslltioa to such person for such damage, loss or injury, the amount of which shall be' determined by the competent authority in the first instance   -(2) if theemount of compensation determined by the competent authority under 'sub-section (1) is not acceptable to either 30 of the parties, the amount of compensation shall, on application by either of the parties to the district judge within the limits of whose jurisdiction the land or any part thereof is situated, be determlnedby that district judge - (3) the competent authority or the district judge while deter-3' mining the compensation under sub-section (1) or sub-section (2), as  the case may be, shall have due regard to the damage or loss "sustained by any person interested in the land by reason of-, (i) the removal of trees or standing crops, if any, on the land while exercising the powers under section 4,section 7 or 40 section 8i (ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person; or (iii) any injury to any other property, whether mow-ble or immovable, or the earnings of such persons caused in any 5 other manner: provided that in determining the compensation no account ahall be taken of any structure or other improvement made in the land after the date of the notification under sub-section (l) of section 3 (4) where the ji8ht of user of any land has vested in the cen- 10 tral government, the state government or the corporation, the central government, the state government or the corporation,  i the ease may be, shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to 'ii any other person whose right of enjoyment in that land bas been is aftected in any ld8dder whatsoever by reason of such vestm" compensation calculated at ten per cent of the market value of that land on the date of the notification under sub-section (1) of leedod 3 i i (5) the market value of the land on the said date shall be 20 determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on application by either of the parties to the district judge referred to in sub-section (2), be determined by that district judge 25 (6) the decision of the district judge under sub-section (2) or sub-section (5) shall be final ij depolit and 11 (1) the amount of compensation determined under section payment of 10 shall be deposited by the central government the state gov-=~cdiaernment or the corporation, as the case may be, with the competent 30 authority within such time arid in such manner as may be prescribed (2) if the amount of compensation is not deposited within the time prescribed under sub-section (1), the central government the state government or the corporation, as the ease may be, shall 35 be liable to pay intere&t thereon at the rate of six per cent per annum from the date on which the compensation had to be dep::>-sited till the date of the actual deposit (3) aa soon as maybe after the compensation has been deposited under sub-section (1) the competent authority shall, on be- 40 half of the central government, the state government or the corporation, as the case may be, pay the compensation to the periolli ctlueci thcwto (4) where several persons claim to be interested in the amount of compenllltion deposited under sub-section (i), the competent authority shall detennine the persons who in its opinion are entitled to receive the compensation and the amount payable to each of s them (5) if any dispute arises as to the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the competent authoritv sbail refer the dispute to the decision of the district judge within the 10 limits of whose jurisdiction the land or any part thereof is situated and the decision of the district judge thereon shall be final competent lz the competent authority shall have, for the purposes of this authority to act all the powers of a civil court while trying a suit under the have cen:lrl code of civil procedure, 1908, in respect of the following mattel'l, =ue:urta is namely:-- (4) summoning and anforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; 20 (c) reception of evidence on afftdavits; (d) requisitioning any public record from any court or ofbce; (e) fssuing commission for examination of witnesses 13 (i) no suit, prosecution or other le~a1 proceedin~ shan lie ~=: 2' allbinst any person for anything which is in good faith done or taken 1:1 intended to be done in pursuance of this act or any rule or notfftea- sood calth tion made or ulsued thereunder (2) no suit or other legal proceeding shall ue against the central government, the competent authority or anv state gtlvem-30 ment, or corporation for any damage, loss or injury caused or likelv to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or notification made or issued thereunder i 14 save as otherwise expressly prov'ided in this act, no civil bar of jum-3s eourt shall have jurisdiction in respect of any matter which the ~~:u~ competent authority is empowered by or under this act to determine and no injunction shall he p,ranted by any court or other authority in reapeet of any action taken or proposed to be taken in pursuance of any power conferred by or under this act is; (1) whoever wilfully obstructs any person in doing any \)£ the· acts authorised by section 4 or section 7 or section 8 or wiuully 6lls up, destroys, damages or displaces any trench or mark made under section 4 or ·wil!ully does any act prohibited under section 9, shall be punishable with imprisonment which may extend to· g 1 months or with fine or with both (2) whoever wilfully removes, displaces, damages or destroy any' pipeline laid under section 7, shall be puniahable with rigorous imprisonment for a term which shall not be less than one year, but· which may extend to three years and shall also be liable to fine 10 cenain of!'· ence to be co,dizabic ,of i"" 16 notwithstanding anything contained in the code of criminal procedure, 1898, &ll offence falling under sll'b-seetion (2) of seetion 15 shall be deemed to be cognizable within the meaning of that code~ - power to 17 (1) the central gvvernment may, by notification in the is make rules ofticial gazette, make rules for carrying out the purposes of this act  (i) in' particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fouowing matters, namely:-ao (a) the places at which and the manner in which the substance of the notification may be published under sub-lection (3) of sectiqn 3; i(b) the time within which and the manner in which the amount of compensation may ~ deposited under sulhectton (1) 25 of section 11 (3) every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the 30 expiry of the' session in which it is so laid or the successive sessions aforesaid, both houses agree in making ary modiftcation in the rule:; or both houses agree that the rule should ngt be made, the rule 1 shall thereafter have effect only in such modified form or deof no' effect, as the case may be; so however that any such modification 3s or annulment shall be with,out prejudice to the validity of anythin~ ~ previously done under that rule , ~ application 18 the provisions of this act shall be in addition to and not in of other lawa th hein ·f_ doc bim1 derogation of any other law for e time g in force re~tfns to acquisition of land 40 as a result of the implementation of plans for the development of ~troleum resources in the country, it b anticipated that in the next few years there will be a subs~antial increase in the production of crude oil, natural gas and petroleum products by the public sector oilfields ~nd refineries in india it has therefore become necessary to lay petroleum pipelines in the country to serve as an efficient and cheap means of transportation and distribution oi petroleum and petroleum products 2 although land can be acquired outright for laying such pipelines under the land acquisition act, 1894, the procedure for such acquisition is long-drawn and costly since the petrole'l:~' pipelines will be laid under-ground, outright acquisition of land is not necessary therefore, in the case of these pipelines it is considered sufficient to acquire the mere right of user in the land for laying and maintaining the pipelines the bill seeks to achieve the above purpose 3 the main features of the bill are-(i) no right of user of land can be acquled for the purpose of laying pipelines unless the central gc;v2rnment declares its intention, by notification in the official gazette, and unless objecti!>ns, if any, filed within twenty-one days of that notification are disposed of by the competent authority (ii) when final declaration about acquisition is made the right to use land for the purpose of laying pipelines will vest in the central government, state government or the corporation, as the case may be, but, notwithstanding such acquisition, th'" owner or occupier of the land shall be entitled to use the land for the purpose for which such land was put to use immediately before the declaration by the central government but afte, the date of acquisition he shall not construct any building or any other structure or construct or excavate any tank, well reservoir or dam or plant any tree, on that land (iii) compensation for the damage, loss or injury sustained by any person interested in the land shall be payable to such person, besides this, compensation calculated at ten per cent of the market value of the land on the date of the preliminary notification is also payable to the owner and to any other person whose right of enjoyment in the land has been affected by -:reason of the acquisition the compensation in both cases is to be determined' by the competent authority in the ftrst instance and an appeal lies from its decision to the district judge  new detm; kesha va deva mala viya the 6th november, 1981the bill provides for the acquisition of right of user in land fol laying petroleum pipelines and for the payment of compensation to the persons interested in the land all acquisitions under the bill are to 'be made by the central gov~rnment but in cases where any state government or corporation is to lay the pipelines the centml government has 'power to direct that the right of -user so acquire-l shall vest in that state government or corporation compensation ~ such cases will have to be paid by the state government or corporation the bill lays down the principles for determination of compensation which is to be paid as and when such pipelines are laid by the central or state governments or corporation, as the case may be it is, tlierefore, not possible to give an estimate of the expenditure which the central government may incur on tbis account  memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of the act the matters in respect of which rules may be made are specified in sub-clause' (2) and they relate to the publication of the substance of the notification under ~b-clause (3) of clause 3 and the deposit of compensation'uncl~r·gufchruse '(1) of clause 11 these are matters of routine nature and the delegation of legislative power is of a normal charaeter - a bnl to provide for the acquisition of right of user in land for laying petroleum pipelines and for matters connected therewith the president has, in pursuance of cla~) of article 117 of the constitution of india, recomm to lok sabha the consideration of the bill m n kaul, secretary (shri keihljf}a deoa malljf}iya, minuter of mines and fuel) 