View source for Gujarat Water And Gas Pipelines Act, 2000


==Section 1==
Short title, extent and commencement :-
(1) This Act may be called the Gujarat Water and Gas Pipelines
(Acquisition of Right of User in Land) Act, 2000.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government
may by notification in the Official Gazette, appoint.
==Section 2==
 Definitions :-
In this Act, unless the context otherwise requires,
(a) "competentauthority" means any person or authority authorised
by the State Government by notification in the Official Gazette, to
perform the functions of the competent authority under this Act.
(b) "corporation" means any body corporate established under any
Gujarat Act 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 in any part of India;
(c) "gas" means a matter in gaseous state which predominantly
consists of methane;
(d) "prescribed" means prescribed by rules made under this Act.
==Section 3==
Publication of notification for acquisition :-
(1) Whenever it appears to the State Government that it is
necessary in the public interest that for the transport of water or,
as the case may be, gas from one area to another area, pipelines
may be laid by the State Government or, the Corporation 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 declare its
intention to acquire the right of user therein.
(2) Every notification under sub-sec. (1) shall give a brief
description of the land.
(3) The competent authority shall cause the substance of the
notification to be published at such places and in such manner as
may be prescribed.
==Section 4==
 Hearing of objections :-
(1) Any person interested in the land may, within thirty days from
the date of the publication of notification under sub-sec. (1) of
Section 3 , object to the laying of the pipelines under the land.
(2) Every objection shall be made to the competent authority in
writing and shall set out the grounds thereof and the competent
authority shall give the objector an opportunity of being heard
either in person or by a legal practitioner and may, after hearing all
such objections and after making such further inquiry, if any, as
that authority thinks necessary, by order either allow or disallow
the objections.
(3) Any order made by the competent authority under sub-sec. (2)
shall be final.
==Section 5==
Power to enter, survey, etc. :-
On the issue of a notification under sub-sec. (1) of Section 3 , it
shall be lawful for any person authorised by the State Government
or, as the case may be, the Corporation which proposes to lay
pipelines for transporting water or, as the case may be, gas and its
servants and workmen
(a) to enter upon and survey and take levels of any and 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 competed and levels taken
and the boundaries and line marked, 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 while exercising any power under this section, such
person or any servant or workman of such person shall cause as
little damage or injury as possible to such land.
==Section 6==
Declaration of acquisition of right of user :-
(1) Where no objection under sub-sec. (1) of Section 4 has been
made to the competent authority within the period specified therein
or where the competent authority has disallowed the objections
under sub-sec. (2) of that section, that, authority shall, as soon as
may be, submit a report accordingly to the State Government and
upon receipt of such report, the State Government shall declare, by
notification in the Official Gazette, that the right of user in the land
for laying the pipelines shall be acquired.
(2) On the publication of the declaration under sub-sec. (1), the
right of user in the land shall vest absolutely in the State
Government free from all encumbrances.
(3) Where in respect of any land, a notification has been issued
under sub-sec. (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 cease to have effect
on the expiration of the said period.
(4) Notwithstanding anything contained in sub-sec. (2), the State
Government may, on such 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 State
Government, vest, either on the date of publication of the
declaration or, on such other date as may be specified in the order,
in the Corporation proposing to lay the pipleines and thereupon the
right of such user in the land shall, subject to the terms and
conditions so imposed, vest in that Corporation free from all
encumbrances.
==Section 7==
 Laying of pipelines :-
(1) Where the right of user in any land has vested in the State
Government or, as the case may be, the Corporation under Section
6
(i) it shall be lawful for any person authorised by the State
Government or, as the case may be, the Corporation, and its
servants and workmen to enter upon the land and lay pipelines or
to do any other thing necessary for the laying of pipelines:
Provided that no pipeline shall be laid under
(a) any land which, immediately before the date of the publication
of notification under sub-sec. (1) of Section 3 , was used for
residential purposes; or
(b) any land on which there stands any permanent structure which
was in existence immediately before the said date; or
(c) any land which is appurtenant to a dwelling house; or
(d) any land at a depth which is less than one metre from the
surface; and
(ii) such land shall be used only for laying the pipelines and for
maintaining, examining, repairing altering or removing any such
pipelines or for doing any other thing necessary for any of the
aforesaid purposes or for the utilisation of such pipelines.
(2) If any dispute arises with regard to any matter referred to in
paragraph (b) or (c) of the proviso to clause (i) of sub-sec. (1), the
dispute shall be referred to the competent authority whose decision
thereon shall be final.
==Section 8==
Power to enter land for inspection, etc :-
For maintaining, examining, repairing, altering or removing any
pipeline, or for doing any other thing necessary for the utilisation of
the pipelines or for the making of any inspection or measurement
for any of the aforesaid purposes, any person authorised in this
behalf by the State Government or, as the case may be, the
Corporation may, after giving reasonable notice to the occupier of
the land under which the pipeline has been laid, enter therein with
such workmen and assistants as may be necessary:
Provided that, where such person is satisfied that an emergency
exists, no such notice shall be necessary:
Provided further that, while exercising any powers under this
section, such person or any workmen or assistants of such person,
shall cause as little damage or injury as possible to such land.
==Section 9==
Restrictions regarding the use of land :-
(1) The owner or occupier of the land with respect to which a
declaration has been made under sub-sec. (1) of Section 6, shall be
entitled to use the land for the purpose for which such land was put
to use immediately before the date of the notification under subsec. (1) of Section 3 :
Provided that such owner or occupier shall not after the declaration
under sub-sec. (1) of Sec. 6
(i) construct any building or any other structure;
(ii) construct or excavate any tank, reservoir or dam; or
(iii) plant any tree, on that land.
(2) The owner or occupier of the land under which any pipeline has
been laid shall not do any thing or permit any thing to be done
which will or is likely to cause any damage in any manner
whatsoever, to the pipeline.
(3) Where the owner or occupier of the land with respect to which a
declaration has been made under sub-sec. (1) of Sec. 6,
(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 Collector within the local limits of whose
jurisdiction such land is situated may, on an application made to it
by the competent authority and after holding such inquiry, 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.
==Section 10==
Compensation :-
(1) Where in the exercise of the powers conferred by Section 5 ,
Section 7 or Section 8 by any person, any damage, loss or injury is
sustained by any person interested in the land under which the
pipeline is proposed to be, or is being, or has been laid, the State
Government or, as the case may be, the Corporation shall be liable
to pay compensation to such person for such damage, loss or
injury, the amount of which shall be determined by the competent
authority in the first instance.
(2) If the amount of compensation, determined by the competent
authority under sub-sec. (1) is not acceptable to either of the
parties, the amount of compensation shall, on application by either
of the parties to the Collector within the limits of whose jurisdiction
the land or any part thereof is situated, be determined by that
Collector.
(3) The competent authority or, as the case may be, the Collector
while determining the compensation under sub-sec. (1) or, as the
case may be, sub-sec. (2), shall have due regard to the damage or
loss sustained by any person interested in the land by reason of
(i) the removal of trees or standing crops, if any, on the land while
exercising the powers under Section 5 , Section 7 or, as the case
may be, Section 8 ;
(ii) the temporary severance of the land under which the pipeline
has been laid from other lands belonging to, or in the occupation
of, such person;or
(iii) any injury to any other property whether movable or
immovable, or the earnings of such persons caused in any other
manner:
Provided that in determining the compensation no account shall be
taken of any structure or other improvement made in the land after
the date of the publication of the notification under sub-sec. (1) of
Section 3 .
(4) Where the right of user of any land has vested in the State
Government or, as the case may be, the Corporation it shall, in
addition to the compensation, if any, payable under sub-sec. (1),
be liable to pay to the owner and to any other person whose right
of enjoyment in that land has been affected in any manner
whatsoever by reason of such vesting, compensation calculated at
ten per cent, of the market value of that land on the date of the
publication of the notification under sub-sec. (1) of Section 3 .
(5) The market value of the land on the said date shall be
determined by the competent authority and if the value so
determined by that authority is not acceptable to either of the
parties, it shall, on application by either of the parties to the
Collector referred to in sub-sec. (2), be determined by that
Collector.
(6) The decision of the Collector under sub-sec. (2) or (5) shall be
final.
==Section 11==
Deposit and payment of compensation :-
(1)The amount of compensation determined under Sec. 10 shall be
deposited by the State Government or, as the case may be, the
Corporation, with the competent authority within such time and in
such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time
prescribed under sub-sec. (1), the State Government or, as the
case may be, the Corporation, shall be liable to pay interest
thereon at the rate of nine per cent, if the amount of compensation
is deposited within one year after the period prescribed under subsec. (1) and at the rate of fifteen per cent, if the amount of
compensation is deposited after the expiry of the said one year.
(3) As soon as may be after the compensation has been deposited
under sub-sec. (1), the competent authority shall, on behalf of the
State Government or, as the case may be, the Corporation pay the
compensation to the persons entitled thereto.
(4) Where several persons claiming to be interested in the amount
of compensation deposited under sub-sec. (1), the competent
authority shall determine the persons who in its opinion are entitled
to receive the compensation and the amount payable to each of
them.
(5) If any dispute arises as to the apportionment of the
compensation or any part thereof or as to the persons to whom the
same or any part thereof is payable, the competent authority shall
refer the dispute to the Collector within the limits of whose
jurisdiction the land or any part thereof is situated and the decision
of the Collector thereon shall be final.
==Section 12==
Protection of action taken in good faith :-
The Collector and the competent authority shall have, for the
purposes of this Act, all the powers of a civil court while trying a
suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect
of the following matters, namely:
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witness. 
==Section 13==
Collector and competent authority to have certain
powers of civil court :-
(1) No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to
be done in pursuance of this Act or any rules or notification made
or issued thereunder.
(2) No suit or other legal proceeding shall lie against the State
Government, Corporation or, as the case may be, the competent
authority for any damage, loss or injury caused or likely to be
caused by anything which is in good faith done or intended to be
done in pursuance of this Act or any rules or notification made or
issued thereunder.
==Section 14==
Bar of jurisdiction of civil court :-
No civil court shall have jurisdiction in respect of any matter which
the Collector or, as the case may be, the competent authority is
empowered by or under this Act to determine and no injunction
shall be granted by any court or other authority in respect of any
action taken or proposed to the taken in pursuance of any power
conferred by or under this Act.
==Section 15==
Penalty :-
(1) Whoever wilfully obstructs any person in doing any of the acts
authorised under Section 5 , Section 7 or as the case may be,
Section 8 or wilfully fills up, destroys, damages or displaces any
trench or mark made under Section 5 or wilfully does anything
prohibited under the proviso to sub-sec. (1) of Section 9 , shall be
punishable with imprisonment which may extent to six months or
fine or both.
(2) Whoever wilfully removes, displaces, damages or destroys any
pipeline laid under Section 7 , shall be punishable with rigorous
imprisonment for a term which shall not be less than one year, but
which may extend to three years and shall be liable to fine.
==Section 16==
Certain offences to be cognizable :-
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), an offence falling under sub-sec. (2)
of Section 15 shall be deemed to be cognizable within the meaning
of that Code.
==Section 17==
Power to make rules :-
(1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules provide for all or any of the following
matters, namely:
(a) the places at which and the manner in which the substance of
the notification may be published under sub-sec. (3) of Section 3 ;
(b) the time within which and the manner in which the amount of
compensation shall be deposited under sub-sec. (1) of Section 11 .
(3) All rules made under this section shall be laid for not less than
thirty days before the State Legislature as soon as possible after
they are made and shall be subject to rescission by the State
Legislature or to such modifications as the State Legislature may
make during the session in which they are so laid or the session
immediately following.
(4) Any rescission or modification so made by the State Legislature
shall be published in the Official Gazette, and shall thereupon take
effect.
==Section 18==
Application of other laws not barred :-
The provisions of this Act shall be in addition to and not in
derogation of any other law for the time being in force relating to
the acquisition of land.




























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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