Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
Power to enter land for inspection, etc.
For maintaining, examining, repairing, altering or removing any pipeline, or for doing any other act 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 Central Government, the State Government or the corporation, as the case may be, 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 workman or assistant of such person, shall cause as little damage or injury as possible to such land.
Summary
- Authorized persons can enter land under which pipelines are laid to maintain, inspect, repair, alter, remove, or measure them.
- They can bring necessary workmen and assistants to help perform these tasks.
- Prior reasonable notice must be given to the occupier of the land before entry.
- In case of an emergency, no prior notice is required for entry.
- Authorized persons and assistants must cause as little damage or injury to the land as possible during these operations.
Practical examples
FAQ
1. Can a pipeline worker enter my private property without telling me first?
No, under normal circumstances, they must give reasonable notice to the occupier before entering. However, if there is an emergency, they can enter immediately without notice.
2. Who are these workers allowed to bring onto my land?
They can bring such workmen and assistants as are necessary to help them carry out the inspection, repair, maintenance, or removal work.
Test yourself
1.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, what is generally required before an authorized person can enter the land for pipeline maintenance?
2.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, when is prior notice to the occupier of the land waived for entry?
3.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, what duty is placed on authorized persons and their assistants while performing work on the land?
4.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, who is the notice of entry supposed to be given to?
5.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, which of the following is NOT a purpose for which an authorized person may enter the land?
6.Under Section 8 of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, how does the entry for inspection and maintenance under Section 8 differ from the initial entry under Section 4?