Petroleum And Minerals Pipelines Act 1962

PMP Act 1962

1. Amit Golchha Opns . Officer MDPL - Palanpur Petroleum & Minerals Pipeline Act 1962 P MP Act 1962

2. Chronology PMP Act 1962. It is introduced on 7 th of December PMP (Acquisition of ROU in Land) Rules, 1963 PMP (Acquisition of ROU in Land) Instructions, 1963 The Petroleum pipeline (Acquisition of ROU in Land) Amendment Act, 1977

3. Introduction to PMP Act Full Title of the Act is “Petroleum and Minerals Pipelines (Acquisition of Right of User In Land) Act, 1962” It is an act for acquiring right of user in land for laying pipelines. PMP Act has 18 sections.

4. Sections in Detail Section – 1 & 2 (Short Title, Extent, Application) It extends to whole India except Jammu & Kashmir. Competent Authority is either any person or authority who is authorized by Central Govt. to perform the roles in this act. Section – 3 (Publication of Notification) If Central Government decides to lay pipeline in certain area and required to acquire ROU then Govt. may declare its intentions to acquire ROU by notification in the official gazette. Every notification shall give brief description of land.

5. Sections in Detail Section – 4 ( Power to enter & survey etc ) Authorised persons can enter, survey and to do all other acts necessary to ascertain whether pipelines can be laid under the land or not. Section – 5 ( Hearing of Objection ) Any person interested in land can object to the pipeline laying by stating reasons to the competent authority within 20 days of publication of notice.

6. Sections in Detail Section – 6 ( Declaration of Accusation of Right of User ) CA has to make a report containing his recommendations on objections and proceedings held by him to Central Govt. Central Govt. on receipt of report from CA shall declare by notification in official gazette that the right of user in the land for laying of pipelines should be acquired.

7. Sections in Detail Section – 7 ( To Lay Pipelines ) Where ROU is acquired under section 6, it is lawful to enter and do all necessary act to lay pipeline. No pipeline to be laid under any land if The land is used for residential purpose before the date of notification under section 3. Permanent structure is there. Land which is appurtenant to a dwelling house. Depth of pipeline shall be more than 1m. Land shall not be used for any other purpose except maintaining, examining, repairing, altering and removing of pipeline.

8. Sections in Detail Section – 8 (Power to enter Land for Inspection etc) Corporation can enter any land under which pipeline is laid for maintenance work after giving proper notice to the land owner. No such notice is required in case of emergency situation. Corporation shall do little damage to the land during these activities.

9. Sections in Detail Section – 9 ( Restrictions Regarding the Use of Land) Land owner can use his land for the same purpose for which it was used earlier to pipeline laying (section – 3) He can not construct any building or structure. He can not construct or excavate any tank, well, reservoir, dam or plant any tree. He can not do any act or permit any act that can cause damage to pipeline. If he does any of above, same can be removed by order from District Judge, expenditure for such removal is to be incurred by the land owner.

10. Sections in Detail Section – 10 (Compensation ) Compensation will be paid by corporation for damages as decided by CA. If compensation amount is not acceptable to either parties then it will be decided by District Judge. Corporation has to pay 10% of market value of land in addition to compensation to the land owner towards right of enjoyment. Market value shall be decided by CA. if unacceptable then District Judge shall give final decision.

11. Sections in Detail Section – 11 (Deposit and Payment of Compensation) Corporation shall deposit the compensation amount with CA within prescribed time & manner. If not deposited then interest @ 6% per annum to be paid. CA shall pay the compensation to entitled persons after receiving from company. CA shall decide who is the entitled person to get the compensation amount. If any dispute arises then it shall be diced by District Judge.

12. Sections in Detail Section – 12 (CA to Have Certain Power of Civil Court) Section – 13 (Protection of Action Taken in Good Faith) No suit or legal proceedings will lie against any person for any thing which is in good faith done in pursuance of this Act. No suit or legal proceedings will lie against corporation for any damages, injury or loss by anything which is done in good faith done in pursuance of this Act.

13. Sections in Detail Section – 14 (Bar of Jurisdiction of Civil Court) Except the cases which are provided in the Act, Civil Court has no Jurisdiction on any matter for which CA is empowered by this Act. Section – 15 (Penalty) Willful act of obstruction to pipeline construction and damage during construction is punishable. Imprisonment and fine or both. Willful act of damaging pipeline after construction is punishable. Rigorous Imprisonment for a period not less than one year and may extended to three years and fine or both.

14. Sections in Detail Section – 16 (Certain Offence to be Cognizable) If any offence regarding pipeline is notwithstanding anything in the code of criminal procedure, 1898 then it shall be deemed to be cognizable. Section – 17 (Power to make Rules) Govt. may make rules for carrying out the provisions of the Act. Section – 18 (Application of Other Laws not Barred) Provisions in this Act are in addition to other land acquisition laws present till date.