for example: TATA AIG

  for example: Indian Contract Act

  for example: Ratan Tata

  for example: Negotiable Instruments Act

Section 6   [ View Judgements ]

Declaration of acquisition of right of user


(1) Where no objection under sub-section (1) of section 5 have been made to the competent authority within the period specified therein or where the competent authority had disallowed the objections under sub-section (2) of that section, that authority shall, as soon as may be [1] [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] and upon receipt of such report the Central Government shall [2] [if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral,] declare, by notification in the Official Gazette, that the right of the use 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 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 of that notification that notification shall cases to have effect on the expiration of that period. [3] [and different declarations may be made from time to time in respect of different parcels of the land described in 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" ;



(ii) in sub-section (2), for the words "in the land", the words "in the land specified therein" shall be substituted.



(iii) in sub-section (1), for the words "no declaration under this section has been published", the words "no declaration in respect of any parcel of land covered by that notification has been published under this section" ;



(iv) after sub-section (3), the following sub-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 Act, 1977 , shall be made after the expiry of three years from the date of such publication.]



(4) Notwithstanding anything contained in sub-section in sub-section (2), the Central Government may, on 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 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, subject to the terms and conditions so imposed, vest in that State Government or corporation , as the case may be, free from all encumbrances.



FOOTNOTES:

1. Substituted by Petroleum Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977.

2. Inserted by Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977.

3. Inserted and Substituted by Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977.

#LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon