REGISTERED No. D. (D)72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 6] NEW DELHI, THURSDAY, FEBRUARY 3, 1977/MAGHA 14, 1898 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 3rd February, 1911/Magha 14, 1898 (Saka) THE PETROLEUM PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) AMENDMENT ORDINANCE, 1977 No. 2 OF 1977 50 of 1962 Promulgated by the President in the Twenty-eighth Year of the Republic of India.
An Ordinance to amend the Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962.
WHEREAS the House of the People has been dissolved and the Council of States is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action, Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:— 1 (1) This Ordinance may be called the Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Ordinance, 1977.
(2) It shall come into force at once
2. In the Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as the principal Act), in the long title, Short title and commencement Amendment of long title
(39) 4O THE GAZETTE OF INDIA EXTRAORDINARY [PABT II— Amendment Of section
1.
Amendment of section 2 AHWOCH ment of section 3 Amendment of section 4 Amendment of section 6 for the words "for laying petroleum pipelines", the words "for layingpipelines for the transport of petroleum, and minerals" shall be substituted.
3- In section 1 of the principal Act, m sub-section (1), for the words "Petroleum Pipelines", the words "Petroleum and Minerals Pipelines'' shall be substituted.
4. In section 2 of the principal Act,—
(i) in clause (a), the following words shall be inserted at the end, namely: — "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",
(ti) after clause (b), the following clause shall be inserted, namely: — '(ba) "minerals" have the meanings assigned to them in the Mines Act, 1952, and include mineral oils and stowing sand but do not include petroleum;'.
5 In section 3 ot the principal Act, in sub-section (2), after the words "transport of petroleum", the words "or any mineral" shall be inserted 6 In section 4 of the principal Act, after the words "for transporting petroleum", the words "or any mmeial" shall be inserted 7 In section 6 ot the principal Act, —
(i) in sub-section (J),—•
(a) ior the words "submit a report accordingly tr> the Central Government", the words "either make a report in respect of the land described in the notification under sub-section (1) of section 3, or make different reports in respect 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 words ", if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral," shall be inserted;
(c) the words "and different declarations may be made from time to time in respect of different parcels of the land described m the notification issued under sub-section (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;
(n) in sub-section (2), for the words "in the land", the words "in the land specified therein" shall be substituted:
35 Of 1952_.
Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41
(lii) in sub-section (3), for the words "no declaration under this aection has been published", the words "no declaration in respect of any parcel of land covered by that notification has been published wnder this section" shall be substituted;
(iv) after sub-section (3), the following bub-section shall be inserted, namely: — "(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 of Right of User in Land) Amendment Ordinance, 1977, shall be made after the expiry of three years from the date of such publication " *. In section 7 of the principal Act, in sub-section (i),—
(i) in clause (t), the word "and" at the end shall be omitted,
(ti) after clause (i), the following clause shall be inserted, namely: — "(ia) for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the Central Government 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 for transporting any mineral, it shall be lawful for such person to use such land for lay-ing pipelines for transporting petroleum or any other mineral; and".
9. In section 9 of the principal Act, alter sub-section (2i, the following sub-section shall be inserted, namely — "(3) Where the ownei 01 occupier of the land with respect to which a declaiation has been made under sub-section (t) of section 8 —
(a) constructs any building or any other structure, or
(b) constructs or excavates any well, tank, reservoir or dam, 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 made to it by the competent authority and after holding such mquiry as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such 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".
10. In section 17 of the principal Act,—
(1) in sub-section (1), for the word "purposes", the word "provisions" shall be substituted;
Amendment of aection 7.
Amendment of section 9, Amendment of section 17.
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(it) m sub-section (3), for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid", the words "before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.
FAKHRUDDIN ALI AHMED, President K. K. SUNDARAM, Secy to the Govt of India.
CORRIGENDUM In the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (108 of 1976) as published in the Gazette of India, Extraordinary, Fart II, Section 1, dated the 20th September, 1976 — at page 1392, in Part IX, at serial No 28, for "Koli, Dhor" read "Koli Dhor".
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