 10k sabhacor':igentiumto| the        | petroieuh   | pipelines          | (acquisition   | of        ||------------|-------------|--------------------|----------------|-----------|| in         | land)       | ame:nl)ment 'bill, |                |           || 1977       |             |                    |                |           || [-to       | be/as       | introduced         | in             | 10k sabha || 7          |             |                    |                |           || page       |             |                    |                |           || 5,         |             |                    |                |           || line       |             |                    |                |           || 8,-        |             |                    |                |           || for        |             |                    |                |           || "kud       |             |                    |                |           || r emugh"   | re ad       | "kudrernukh        |                |           || ii         |             |                    |                |           || new delhio |             |                    |                |           || ~          |             |                    |                |           || marc'h     |             |                    |                |           || 31,        |             |                    |                |           || 197t       |             |                    |                |           || chai tra   | 10,         | 1                  |                |           || 99         |             |                    |                |           || (saka)     |             |                    |                |           | bill no, 13 of 1977 the petroleuai pipelines (acquisition of right of user in land) amendment bill, 1977 billtc amend the pet1'oleum pipelines (acqui3£tion of 'right of user in lane!) act, !962 b! it enacted by parliament in the twenty-eighth year of the republico! india as fallows:-1 (1) this act may be called the petroleum pi~lines (acquisition short of right of user in laad) amendment act, 1977 title and commence-s (2) it rball be 'deemed to have come into' force on the 3rrl day of ment february, 1977 amendment of ]ongtitle '2 'in the petroleum pip~lines (acquisition of rtghtof uaer in land) ii' of 1862 act, 1962 (hereinafter referred' to as' the prinrlpal act), in the long title, for the words "for laying petroleum pipelines", the words "for lay-10 ing pipelines for the transport of petroleum and minerals" shall be substituted 3 in section 1 of the prinetpal act, in sub-lection (l), for the werds amend-"petroleum pipelines", the words "petroleum aj'ld minerals pipelines" ment ot shall be substituted section 1 15 4 in section 2 of the principal act,-amendment of !lection 2 (i) in clause (a), the following words shall be inserted at the end, namely:-"ad cmrt1'!ejlt' pel'\l8lli0l' >8utlaldrhi'es may  'authorised to per  £0  au 01' - , , the flmctiollf of the ~t autllority under ~o this act in the same area of d--nt  rpeeided '  the! qotift  (ii) after clause (b), the following clause shall be inserted, namely:-( 35 of 19f)2 i-' ~(6aj "minerals" have the meanings assigned to thf"l1l in the mines act, 1952, and include mineral oils and stowing sand but do not include petroleum;' s 5 in section 3 of the principal act, in subo4!lectioni (1), after the words "transport of petroleum", the words "or any mineral" shall be inserted amend-dlent of section 3 6 in section 4 of the principal act, after the words "for transporting petroleum", the words "or any mineral" shan be inserted amendment of section 4 10 1 in section 6 of the principal act,-amendment of section 6 (i) in sub-section (1) ,-(a) for the words "submit a report accordingly to the central government", the words, brackets and figures "either make a report in respect of the land described in the notification under lub-section (1) of section 3, or make different reports in respect is of different parcels of such land, to the central government containing his recommendations on the objections together with the record of the proceedings held by· him, for the decision of that government" shall be substituted; (b) after the words "the central government shall", the 20 worda, "if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral," shall be inserted; (e) the words, brackets and figures "and different declarations may be made from time to time in respect of different par- 25 eels of the land described in the notification issued under subsection (1) of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section" shall be inserted at the end; (ii) in sub-section (2) for the words 'iin the land", the words "in 30 the land specified therein" shall be substituted; (iii) in sub-section (3) for the words uno declaration under this section has been published", the words uno declaration in respect of any parcel of land covered by that notification has been published under this section" shall be substituted: 3s (iv) after sub-section (3) , the following sub-section shall be inserted, namely:-it (3a) no declaration in respect of any land covered by a notification issued under sub-section (1) of section 3 published' after the commencement of the petroleum pipelines (acquisition 40-of right of user in land) amendment act, 1977, shan be madp after the expiry of ~hree years from the date of such publication" m in section 7 of the principal act, in sub-section (1),-(i) in clause (i), the word "and" at the end shall be omitted; amendment of section 7 (ii) after clause (i), the following clause shall be inserted, namely:-10 ii (ia) for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the central govern· ment or such state government or corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any land has so· vested for laying pipelines tor transporting ony mineral, it shall be· lawful for such person to use such land for laying pipelines for transporting petroleum or any other mineral; and" i in section 9 (if the principal act, after sub-section (2), the following amendsub-section shall be inserted, namely:-ment of section 9 is u (3) where the owner or occupier of the land wiul respect to which a declaration has been made under sub-section (1) of section 6,-(a) constructs any building or any other structure, or (b) constructs or excavates any well, tank, reservoir or dam, ~o or (c) plants any tree, on that land, the court of the district judge within the local limits of whose jurisdiction such land is situate may, on an application~e to it by the competent authority and after holding such inquiry as it 25 may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be fuled up, and the costs of sueh removal or filling up shall be recoverable from such owner· or occupier in the same manner as if the order for the recovery of ,such costs were a decree made by that court" , : it in section 17 of the principal act,-amendment of section 17 (i) in bub-section (1), for the word "purposes"; the word "provisions" shall be substituted; 35 (ii) in sub-section (3), for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid", the wotds "before the expiry of the session immediately following the session or the successive sessions aforesaid" ;thall:be substituted 11 (1) the petroleum pipelines (acquisition of right of user in land) amendment ordinance, 1977 is hereby repealed 2 of 1977 repeal and saving (2) notwithstanding such repeal, anything done or any action taken 40 under the principal act, as amended by the 'said ordinance, shall be deemed to have been done or taken under the principal act as amended by this act the petroleum pipelines (acquis,it30n of rig,tatof user in lanel) act, 1962, was enacted to empower the ce~tr81 government to acquire the right of user in any land if ~t appears to· that government that it is necessary; in the public interest, to lay pipelines under such land for the transport of petroleum (which is defined to include natural gas and refinery gas) from one locality to another when the legislation was enacted, petroleum (in<:luding natural gas and refinery gas) was the only commodity for which transportation through pipelines was contemplated technological advance has since made it possible to transport in bulk, minerals (besides petroleum) through pipelines it is therefore preposed to amend the act to enable the acquisition of the right of user in land also for laying pipelines for the transport of minerals (besides petroleum) from one place to another 2 the act provides for punishment for the construction or excavation of any buildirg or other structure, tank, well, reservoir or dam or for planting of any tree on any land, the right of user in relation to which has been acqu!red under the act, but does not provide for the removal of such building, structure etc from the land accordingly the bill seeks to empo,:,,:er the court of the district judge, within the local limits of whose jurisdiction such land is situated, to cause the building, structure, reservoir, dam or tree to be removed or the well or tank to ~ ftled up  3 the ,bill also seek$ to empower the competent authority to make· diftetent reportsand ·further seeks to empower the central government to make ditlerent declarations acquiring the right of user in respect of difterent parcels of land 4 opportunity has been taken to empower the central government (a) to authorise differen~ persons,to pelform au or bdy fudctiods ot the competent authority in the same area or in cufferent areas, and (b) to modify the,rule laying:fonnllla cortained in bubo-section (3)' of 'section 17 with a view to bringing it into accord with ·the recommendation of the committee on subordinate· ~lation  niiw· diliu; biju patnaik; the 3d&h mmch, 1977' section 3 of the petroleum pipelines (acquisition of riaht of user in lenw) act, 1962, as it now stands, provides for the ac:q,uisition d the rigjlt of user in land for the transportation of petroleum, from one place to aoother the act is proposed to be amended by the biuto ·provide for the acquisition of the right of user in land for the transportation of minerals also for the present, the right of user in land is proposed to be exercised for the transport of minerals produced by the kudre1uu~ iron ore company ltd whenever there is any such proposal to acquire the right of user in land for the benefit of any state government or corpot:ation, an order will be mad'~ under sub-!?ecti'jn (4) of section 6 for thai< vesting of the rij'ht of such user in the state government otthe corpor  · tion concerned; and on the issue of such order, the compensation payable for such acquisition will be payable by that state ,governmentl or the corporation, as the case may be there will, therefore, be no net outgo from the consolidated fund' of india  2 the act also provides for the appointment by the centl'al government of a competent authority to hear objections against the proposal for the acquisition of right of user in land and for the detf!rmination of any compensation or damages payable in pursuance of the provisions of the act sub-clause (0 of clause 4 of the bill seeks to empower the central government to appoint more than one competent authorities the expenditure on the competent authority and its staff in a financial year is like]y to be of the order of rupees one lakh there will be no other recurring or non-recurring expenditure from the consolidated fund of india if the 8ill is enacted and brought into force as a result of the amendment sought to be made in section 3 of the petroleum pipelines (acquisition of right of user in land) act, 1982, by clause 5 of the bill, read with the existing provisions in sf!ctions 11 and 17 of the act, it would be permissible for the central government to make rules to provide for places at which, and the manner in which, the substance of the notification declaring its intention to acquire the right of user in any land for laying pipelines for the transport of minerals may be published under sub-section (3) of section 3 and the time within which and the manner in which the amount of compensation may may be deposited for such acquisition under sub-section (1) of section 11 these are matters of detail necessary for the effective administration of the provisions of the act and it is hardly practicable to provide for them in the bill itself 2 clause 10 of the bill, besides making an amendment of a verbal nature in sub-section (1) of section 17 of the act, seeks to amend subsection (3) of that section to bring the rule laying formula into accord witli the recommendation of the committee on subordinate legislation 3 the delegation of the legislative power is, therefore, of a normal character  extracts from '11f! petroleum pipelines (acquismon of right of user in land) act, 1962 (50 of 1962)an act to provide for the acquisition of right of user in land 10r taying petroleum pipelines and for matters connected therewith  - - - - - 1 (1) this act may be called the petroleum pipelines (acquisition of right of user in land) act, 1962 - - - - - short title, extent and application defini_ tions publication of notl1lcation for acquisition power to enter, survey, etc 2 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:  - - - - - 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 pi'pelines 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 - - - - - 4 on the issue of a notification under sub-section (1) of section 3 it shall be lawful for any person authorised by the central government or by the state government or the corporation which pro}lllses 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; (b) to dig or bore into the sub-soil; (c) to set out the intended line of work; (d) to mark such levels, boundaries and line by placing marks and cutting trenches; '(e) where otherwise suryey cannot be completed and levels taken and the boundaries and line mal'ked, to cut down and clear away any part of any standing crop, fence or jungle; and gf) to do all other a('ts necessary to ascertain whl'ther pipelines can be laid under the land: provided that while exercising any power under this section, such person or any servant or wokman of such person shall cause as little damage or injury as possible to such land   - - - - declaration of acquisition of right of iiser 6 (1) where 110 objections under sub-section (1) of section 5 have been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under subsection (2) 01 that section, that authority shall, 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), the right of user in the land shall vesft 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 tbe date of that notification, that notification shall cease to have effect on the expiration of that period  - - - 7 (1) where the right of user in any iann bas vested in the central government or in any state government or corporation under section 6-- - - - - central government or state govtp"llmentor corpgl'ation to lay pipelines power to make rules 17 (1) the cetltral government may, by notification 'in the omclal gazette, make rules for carrying out the purposes 'of this act - - -  (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 succe~ive sessions, and it before the expiry of the session in which it is so laid or the successive se~sions aforesaid, both houses agree in makin'g any modification in the rule or both 'houses agree that the rule should not be made, the rule sballtherea1ter' have' effect onlv in such modified form or be of no effect, as the case may ~, so howeve~ that any such modification or annulment shall' be without prejudice to the validity of anything previouljly done under that rule  -  a billto amend the petroleum pipelines (acquisition of right of user in land) act, 1962 (shri bitu pcltmik, minuter 0/ steel and mine~) 