(Madhya
Pradesh Act No. 5 of 2013) [7th January, 2013] [Received
the assent of the Governor on the 7th January, 2013; assent first published in
the "Madhya Pradesh Gazette (Extraordinary)", dated the 9th January,
2013.] An
Act to provide for the acquisition of right of user in land for laying
underground pipeline, cable and duct for carrying of water, gas, sewage,
industrial waste and transmission of electricity and fibre optics and for the
matters connected therewith or incidental thereto. Be
it enacted by the Madhya Pradesh Legislature in the sixty-third year of the
Republic of India as follows:- (1)
This
Act may be called the Madhya Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi
Ki Upyokta Ke Adhikaron Ka Arjan) Adhiniyam, 2012. (2)
It
extends to the whole of the State of Madhya Pradesh but nothing contained in
this Act shall apply to areas of reserved or protected forest under the Indian
Forest Act, 1927 (XVI of 1927). (3)
It
shall come into force on the date of its publication in the Madhya Pradesh
Gazette. In
this Act, unless the context otherwise requires,- (a)
"competent
authority" 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 Central or State Act, or a company
formed and registered under the Companies Act, 1956 (No. 1 of 1956); (c)
"land" means
a portion of earth's surface; (d)
"prescribed" means
prescribed by rules made under this Act; (e)
"right of
user in land" means right of user in land for laying underground
pipeline, cable and duct for carrying of water, gas, sewage, industrial waste
and transmission of electricity and fibre optics and its repairing,
maintaining, examining, altering and removing; (f)
"underground
pipeline, cable and duct" means a pipeline, cable and duct laid below
the surface of the land and subsequently covered. (1)
Whenever
it appears to the State Government it is necessary in the public interest that
for the carrying of water, gas, sewage, industrial waste and transmission of
electricity and fibre optics from one locality to another locality and works
connected therewith, pipeline, cables and duct may be laid by the State
Government or a corporation and that for the purpose of laying such pipeline,
cable and duct it is necessary to acquire the right of user in any land under
which such pipeline, cable and duct 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-section (1) shall give a brief description of the land. (3)
The
competent authority shall cause the substance of the notification to be
published on the notice board of the office of the Collector, the competent
authority, the Tehsildar, the concerned local body and places of usual public
gathering, and in two daily newspapers circulating in that locality of which at
least one shall be in Hindi. (4)
Any
person interested in the land may, within thirty days from the date of the
notification under sub-section (1), object to the laying of the pipeline, cable
and duct under the land. (5)
Every
objection under sub-section (4) 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 such authority thinks necessary, by order, either
allow or disallow the objections. (6)
Any
order made by the competent authority under sub-section (5) shall be final. (1)
Where
no objections under sub-section (4) of Section 3 have been made to the
competent authority within the period specified therein or where the competent
authority has passed final order thereafter the competent authority shall, by
notification in the official Gazette, declare that the right of user in the
land for laying the pipeline, cable and duct should be acquired. (2)
On
publication of the declaration under sub-section (1), the right of user in the
land specified therein shall vest absolutely in the State Government or the
Corporation, as the case may be, free from all encumbrances. (3)
Notwithstanding
anything contained in sub-section (2), the State Government may, on such terms
and conditions as it may think fit, direct, by order in writing, that the right
of user in the land for laying the pipelines, cable and duct shall, instead of
vesting in the State Government, vest in the corporation proposing to lay the
pipeline, cable and duct subject to the terms and conditions so imposed, free from
all encumbrances. On
publication of the declaration under sub-section (1) of Section 4 it shall be
lawful for any person authorised by the State Government or the corporation 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 line marked,
to cut down and clear away any part of any standing crop or other growth or
fencing; and (f)
to do all other
acts necessary to ascertain whether pipeline, cable and duct can be laid under
the land: Provided
that while exercising any power under this section, such person or any servant
of such person shall cause as little damage or injury as possible to such land. (1)
Where
the right of user in any land has vested in the State Government or corporation
under section 4, - (i)
it shall be lawful
for any person authorised by the State Government or corporation, as the case
may be, and his servants to enter upon the land and lay pipeline, cable and
duct or to do any other act necessary for laying of pipelines, cable and duct: Provided
that no pipeline, cable and duct shall be laid under any land on which,
immediately before the date of the notification under sub-section (1) of
Section 3, building has been constructed including land appurtenant to it; (ii)
such land shall be
used only for laying underground pipeline, cable and duct and maintaining,
examining, repairing, altering or removing any such underground pipeline, cable
and duct or for along any other act necessary for any of the aforesaid purposes
or for the utilisation of such underground pipeline, cable and duct. (2)
If
any dispute arises with regards to any matter referred to in the proviso to
clause (i) of subsection (1), the dispute shall be referred to the competent
authority whose decision thereon shall be final. (1) The owner or occupier of the
land with respect to which a declaration has been made under sub- section (1)
of Section 4, 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 sub-section
(1) of Section 3: Provided
that, such owner or occupier shall not, after the declaration under sub-section
(1) of Section 4, - (i)
construct any
building or any other structure; (ii)
construct or
excavate any tank, well, reservoir or dam; or (iii) plant any tree, on that land. (2)
The
owner or occupier of the land shall not do any act which will or is likely to
cause any damage in any manner whatsoever to the under ground pipeline, cable
and duct. (1)
Where
in the exercise of the powers conferred by Section 5, Section 6 or Section 9,
any damage, loss or injury is sustained to any person interested in the land,
the State Government or 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. While determining
such compensation, he shall have due regard to the damage or loss sustained by
reason of, - (i)
the removal of
trees or standing crops, if any, on the land; (ii)
the temporary
severance of the land under which the underground pipeline, cable and duct 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. (2)
Where
the right of user of any land has vested in the State Government or the
corporation, the State Government or the corporation, as the case may be, shall
be liable to pay, in addition to the compensation under sub-section (1), if
any, compensation calculated at prescribed percentage of the market value of
that land on the date of publication of the declaration under sub-section (1)
of Section 4. Explanation. -
For the purpose of this sub-section "market value" means
the value of land assessed according to guidelines issued by the Collector
under the Madhya Pradesh Bazar Mulya Margdarshak Shiddhanton Ka Banaya Jana
Tatha Unka Punirikshan Niyam, 2000 made under the Indian Stamp Act, 1899 (No. 2
of 1899). After
acquiring the right of user for laying, maintaining, examining, repairing,
altering, removing any underground pipeline, cable and duct or measurement for
any of the aforesaid purposes, or for carrying out any inspection, any person
authorised in this behalf by the State Government or the corporation, may,
after giving reasonable notice to the competent authority and occupier of the
land, enter therein with such workmen and assistants as may be necessary: Provided
that where an emergency of threat to life and property exists, no such notice
shall be necessary. After
laying of underground pipelines, cable and duct whenever it is necessary for
the State Government or the Corporation or their authorised officers to
re-enter the site for repair or maintenance of the pipeline, cable and duct
they shall liable to pay such compensation to the owner or occupier due to loss
caused to the standing crops etc. which may be determined by the competent
authority. (1)
The
amount of compensation determined under section 8 and 10 shall be deposited by
the State Government or the Corporation, as the case may be, with the competent
authority within thirty days and in such manner as may be prescribed. (2)
If
the amount of compensation is not deposited within thirty days, the State
Government or the corporation, as the case may be, shall be liable to pay
interest thereon at the rate as may be prescribed from the date on which the
compensation had to be deposited till the date of the actual deposit. (3)
As
soon as may be after the compensation has been deposited under sub-section (1),
the competent authority shall, on the behalf of the State Government or the
corporation, as the case may be, pay the compensation to the persons entitled
thereto. (4)
If
any dispute arises to the apportionment of the compensation or additional compensation
or any part thereof, the competent authority shall refer the dispute to the
District Judge having jurisdiction and the decision of the District Judge
thereon shall be final. The
competent authority shall pay compensation under section 8 within a period of
two years from the date of the publication of the notification under section 3
and if no compensation is made within the said period, the entire proceeding
for the acquisition of the right of user in land shall lapse. Explanation. -
In computing the period of two years referred to in this section, the period
during which any action or proceeding in pursuance of the said declaration is
stayed by an order of a court shall be excluded. (1) In case of urgency, to be
determined by the State Government, the competent authority, though no such
award has been made under section 8, may, on the expiration of fifteen days
from the publication of the notification mentioned in sub-section (1) of
Section 3, proceed for acquisition of right of user in land needed for laying
of under ground pipeline, cable and duct: Provided
that the competent authority shall not acquire any right of user under this
sub-section without giving to the occupier thereof at least forty eight hours
notice of its intention so to do, or such longer notice as may be reasonably
sufficient to enable such occupier to remove his movable property from such
land without unnecessary inconvenience. (2)
In
the case of any land to which in the opinion of the State Government the
provision of subsection (1) are applicable, the State Government may direct
that the provisions of sub-section (4), (5) and (6) of Section 3, shall not
apply and if it so directs, a declaration may be made under section 4 in
respect of the land at any time after the date of the publication of the
notification under section 3. (3)
In
every case under sub-section (1), the competent authority shall at the time of
taking possession of such land in which the right of user in land is acquired,
offer to the persons affected compensation for the standing crops and trees (if
any) on such land and for any other damage caused by such sudden dispossession
and in case such offer is not accepted, the value of such crops and trees and
the amount of such other damages shall be allowed for in awarding compensation
for the land under the relevant provisions. (4)
Before
taking possession of such land in which the right of user in land is acquired
under subsection (1) the competent authority shall, without prejudice to the
provision of sub-section (3), tender payment of eighty per centum of the
compensation for such land as estimated by the competent authority to the
person interested and entitled thereto. (5)
The
amount paid or deposited under sub-section (4), shall be taken into account for
determining the amount of compensation required to be tendered under section 8
and where the amount so paid or deposited exceeds the compensation awarded by
the competent authority under section 8, the excess may, unless refunded within
three months from the date of competent authority's award, be recovered as an
arrear of land revenue. The
competent authority shall have for the purpose of this Act, all the powers of a
civil court while trying a suit under the Code of Civil Procedure,1908 (No. 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)
receiving of
evidence on affidavits; (d)
requisitioning any
public record from any court or office; (e)
issuing commission
for examination of witnesses. No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is done or intended to be done in good faith in pursuance of
this Act or any rule or notification made or issued thereunder. Whoever
will fully obstructs any person in doing any of the acts authorised under
section 5, section 6 or section 9 or will fully fills up, destroys, damages or
displaces any trench or mark made under section 5, or will fully removes,
damages or destroys the underground pipeline, cable and duct laid under section
6 or will fully does any act prohibited under section 7 shall be punishable
with simple imprisonment which may extend to one month or with fine not
exceeding rupees five thousand or with both. (1)
The
State Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act; (2)
All
rules made under this Act shall be laid on the table of the Vidhan Sabha and
shall be subject to such modification as the Vidhan Sabha may make. If
any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by an order published in the official Gazette, makes such
provision or give such directions not inconsistent with the provisions of this
Act as appear to it to be necessary or expedient for removing the difficulty: Provided
that no such order shall be made after the expiry of a period of two years from
the commencement of this Act. (1)
The
Madhya Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi ki Upyokta ke
Adhikaron ka Arjan ) Adhyadesh, 2012 (No.7 of 2012) is hereby repealed. (2)
Notwithstanding
the repeal of the said Ordinance, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under the
corresponding provision of this Act.Madhya
Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi Ki Upyokta Ke Adhikaron Ka
Arjan) Adhiniyam, 2012
Section 1.
Short title, extent and commencement
Section 2.
Definitions
Section 3.
Publication of notification for acquisition of right of user
Section 4.
Declaration of acquisition of right of user
Section 5.
Power to enter, survey etc. in the land
Section 6.
State Government or corporation to lay pipeline, cable and duct
Section 7.
Restriction regarding the use of land
Section 8.
Compensation
Section 9.
Power to enter land for inspection, laying, maintaining etc. of underground
pipeline, cable and duct
Section 10.
Compensation for subsequent repair or maintenance
Section 11.
Deposit and payment of compensation
Section 12.
Period within which compensation shall be made
Section 13.
Special powers in case of urgency
Section 14.
Competent Authority to have certain powers of civil court
Section 15.
Protection of action taken in good faith
Section 16.
Penalty
Section 17.
Power to make rules
Section 18.
Power to remove difficulties
Section 19.
Repeal and saving