Section 9 of The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993 in hindi — Power of entry
Bare section text
Official Legislative Text
- (1)For the purposes of ascertaining the availability of any oil or natural gas, the Central Government may, on the request being made by the Corporation, authorise any officer or employee of the Corporation, by general or special order,--
- (a)to enter and inspect any land;
- (b)to survey and take measurements of such land;
- (c)to dig holes or perform any other functions for the purposes of measuring or prospecting for the availability of oil and natural gas; and
- (d)to examine any document, book, register or record in the possession or power of any person having the control of or connected with any such land and place marks of identification thereon and take extracts from and make copies of any such document, book, register or record.
- (2)Every person authorised by the Central Government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
- (3)The Corporation shall be liable to pay compensation for any loss or damage caused to the land caused by its officers or employees in performing the functions under sub-section (1) in such manner as may be prescribed to the occupier of the land.
- (4)The amount of compensation payable under sub-section (3) shall be determined by the competent authority appointed by the Central Government in the manner prescribed.
Educational Study Layer
Summary
- The Central Government can authorize an officer or employee of the Corporation to enter and inspect any land to check if oil or natural gas is available there.
- This authorization is granted when the Corporation requests it, and it can be done through a general or special order.
- Authorized employees can survey land, take measurements, dig holes, and perform other tasks to search for oil and gas.
- They can also examine, copy, and mark records, books, or documents held by anyone who controls or is connected to the land.
- Anyone authorized to do this work is legally considered a public servant under section 21 of the Indian Penal Code (45 of 1860).
- If these activities cause any loss or damage to the land, the Corporation must pay compensation to the person occupying the land, with the amount decided by a government-appointed competent authority.
Practical examples
FAQ
1. Who has the power to authorize land entry under this section?
The Central Government has the power to authorize entry, but only after the Corporation makes a request for it.
2. What specific actions can an authorized person take on the land?
They can enter and inspect the land, survey and measure it, dig holes to search for oil and gas, and copy or mark any documents related to the land.
3. What is the legal status of the person who is authorized to enter the land?
Every authorized person is considered a public servant under section 21 of the Indian Penal Code (45 of 1860).
4. Who receives compensation if the land is damaged during these activities?
The occupier of the land is entitled to receive compensation from the Corporation for any loss or damage.
5. How is the amount of compensation for land damage decided?
A competent authority appointed by the Central Government determines the compensation amount using the methods set out in the rules.
Practice Quiz
Q1.Who must make a request before the Central Government can authorize an entry onto land under Section 9?
Q2.Which of the following is an authorized person NOT explicitly permitted to do on the land under Section 9?
Q3.An authorized person under Section 9 is considered a public servant under which law?
Q4.Who is responsible for paying compensation for any loss or damage caused to the land during inspection?
Q5.Who determines the amount of compensation payable to the occupier of the land?