The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962

(1) This Act may be called the 2[Petroleum and MineralsPipelines] (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 andGujarat and the Union territory of Delhi, and the Central Government may, by notification in the OfficialGazette, declare that this Act shall also apply to such other State of Union territory and with effect fromsuch date as may be specified in that notification and thereupon the provisions of this Act shall apply tothat State or Union territory accordingly.

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 thisAct 1[and different persons or authorities may be authorised to perform all or any of the functions ofthe competent authority under this Act in the same area or different areas specified in thenotification;] (b) "corporation" means any body corporate established under any Central, Provincial or StateAct, 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 inany part of India; 1[(ba) "minerals" have the meanings assigned to them in the Mines Act, 1952 (35 of 1952), andinclude 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 includesnatural gas and refinery gas; (d) "prescribed" means prescribed by rules made under this Act.

(1) Whenever it appears to the Central Governmentthat it is necessary in the public interest that for the transport of petroleum 1[or any mineral] from onelocality to another locality pipelines may be laid by that Government or by any State Government or acorporation 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, declareits 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 suchplaces and in such manner as may be prescribed.

On the issue of a notification under sub-section (1) of section 3, itshall be lawful for any person authorised by the Central Government or by the State Government or thecorporation which proposes to lay pipelines 5or any mineral, 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 survey cannot be completed and levels taken and the boundaries and linemarked, 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 pipelines can be laid under the land: Provided that where exercising any power under this section, such person or any servant or workmenof such person shall cause as little damage or injury as possible to such land.

(1) Any person interested in the land may, within twenty-one days fromthe date of the notification under sub-section (1) of section 3, object to the laying of the pipelines underthe land. (2) Every objection under sub-section (1) shall be made to the competent authority in writing andshall set out the grounds thereof and the competent authority shall give the objector an opportunity ofbeing heard either in person of by a legal practitioner and may, after hearing all such objections and aftermaking such further inquiry, if any, as that authority thinks necessary, by order either allow or disallowthe objections. (3) Any order made by the competent authority under sub-section (2) shall be final.