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Oilfields (Regulation and Development) Act, 1948 Complete Act

Title: Oilfields (Regulation and Development) Act, 1948

State: Central

Year: 1948

Preamble1 - OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948 Section1 - Short title, extent and commencement Section2 - Declaration as to expediency of control by Central Government Section3 - Definition Section4 - No mining lease to be valid unless it is in accordance with this Act Section5 - Power to make rules as respects mining leases Section6 - Power to make rules as respects mineral oils development Section6A - Royalties in respect of mineral oils Section7 - Power to make rules for modification of existing lease Section8 - Delegation Section9 - Penalties Section10 - Laying of rules and notifications Section11 - Power of inspection Section12 - Relaxation of rules in special cases Section13 - Act to be binding on the Government Section14 - Protection of action taken in good faith ScheduleI - SCHEDULE

Oilfields (Regulation and Development) Act, 1948 Preamble 1

Title: Oilfields (Regulation and Development) Act, 1948

State: Central

Year: 1948

THE OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948 [Act, No. 53 of 1948] [8th September, 1948] PREAMBLE An Act to provide for the regulation of1[**] oilfields and for the development of2[mineral oil resources]. Whereas it is expedient in the public interest to provide for the regulation of1[**] oilfields and for the development of2[mineral oil resources]3[***]; It is hereby enacted as follows:-- __________________ 1. The words 'Mines and' were omitted in the long title and in the Preamble, by the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), Section 32 and Schedule III (with effect from 1-6-1958). 2. Substituted for 'minerals', by the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), Section 32 and Schedule III (with effect from 1-6-1958). 3. The words 'to the extent hereinafter specified' were omitted, by the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), Section 32 and Schedule III (with effect from 1-6-1958).

Oilfields Regulation and Development) Act, 1948 Complete Act

State: Central

Year: 1948

.....purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose mentioned in this Act or the rules made thereunder, any officer authorised by the Central Government in this behalf shall have the right to - (a) enter and inspect any mine ; (b) order the production of any document, book, register or record in the possession or power of any person having the control of or connected with, any mine; (c) examine any person having the control of, or connected with, any mine. (2) Any officer authorised by the Central Government under sub- section (I) shall be deemed to be a public servant within the meaning of (S.21 of the Indian Penal Code, 1860) (XLV of 1860). SECTION 12 : Relaxation of rules in special cases The Central Government may, if satisfied that it is in the public interest so to do, authorise in any case the granting of any mining lease or the working of any mine on terms and conditions different from those laid down in the rules made under SECTION 13 : Act to be binding on the Crown The provisions of this Act shall be binding the Crown, whether ia the right of the Dominion or oi SECTION 14 : Protection.....

Oilfields (Regulation and Development) Act, 1948 Section 6A

Title: Royalties in Respect of Mineral Oils

State: Central

Year: 1948

.....whole or any part of the royalty leviable thereon.".] _________________________ 1. Inserted by Oilfields (Regulation and Development) Amendment Act, 1969), Section 3 (with retrospective effect from 1-1-1968). 2. Substituted by the Oilfields (Regulation and Development) (Amdt) Act, 1998 w.e.f. 03-09-1998. Prior to Substitution it read as under "(4) The central Government may, by notification in the Official Gazette, amend the Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral oil with effect from such date as may be specified in the notification: Provided that the Central Government shall not- (a) fix the rate of royalty in respect of any mineral oil so as to exceed twenty per cent of the sale price of the mineral oil at the oilfields or the oil well-head, as the case may be, or (b) enhane the rate of royalty in respect of any mineral oil more than once during any period of [three years] [(5) Notwithstanding anything contained in sub-section (4), the Central Government may, by notification in the Official Gazette, amend the Schedule so as to enhance the rate royalty payable in respect of mineral oil, produced.....

Oilfields (Regulation and Development) Act, 1948 Section 6

Title: Power to Make Rules as Respects Mineral Oils Development

State: Central

Year: 1948

.....oils mined, quarried, excavated or collected;] (j)the submission by the owners or lessees of mines of special or periodicalreturns and reports, and the forms in which and the authorities to whom suchreturns and reports shall be submitted. ____________________________________ 1.Substituted for the words 'minerals' by the Mines and Minerals (Regulation andDevelopment Act, 1957 (67 of 1957), Section 32 and Schedule III (with effectfrom 1-6-1958). 2.Clauses (a) and (b) were omitted, by the Mines and Minerals (Regulation andDevelopment Act, 1957 (67 of 1957), Section 32 and Schedule III (with effectfrom 1-6-1958). 3.Substituted for 'mineral resources', by the Mines and Minerals (Regulation andDevelopment Act, 1957 (67 of 1957), Section 32 and Schedule III (with effectfrom 1-6-1958). 4.Substituted for former Clause (i) Oilfields (Regulation and Development)Amendment Act, 1969 (39 of 1969), Section 2 (with retrospective effect from1-1-1968).

Oilfields (Regulation and Development) Act, 1948 Section 10

Title: Laying of Rules and Notifications

State: Central

Year: 1948

.....in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.] _______________________________ 1. Substituted by Oilfields (Regulation and Development) Amendment Act (20 of 1984) Section 3 (11-5-84). 2. Substituted for "under Sub-section (4) of Section 6A" by the oilfields(Regulation and Development) (Amdt) Act, 1998 Act, 1998 w.e.f. 03-09-1998.

Oilfields (Regulation and Development) Act, 1948 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1948

(1) This Act may be called The1[Oilfields] (Regulation and Development) Act, 1948. 2[(2) It extends to the whole of India3[***].] (3) it shall come into force on such date4as the Central Government may, by notification in the Official Gazette, appoint in this behalf. _____________________ 1. Substituted for the words 'Mines and Minerals' by the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), Section 32 and Schedule III (with effect from 1-6-1958). 2. Substituted for the former sub-section, by A.I.O., 1950 (26-1-1950). 3. The words 'except the State of Jammu and Kashmir were omitted by Act 63 of 1957, Section 32 and Schedule II (with effect from 1-6-1958). 4. The Act came into force on 25-10-1949.

Oilfields (Regulation and Development) Act, 1948 Section 3

Title: Definition

State: Central

Year: 1948

In this Act, unless there is anything repugnant in the subject or context,-- (a) the expressions 'lessor' and 'lessee' respectively include a licensor and licensee; (b) 'mine' means any excavation for the purpose of searching for or obtaining1[mineral oils] and includes an oilwell; (c)1["mineral oils"] include natural gas and petroleum; (d) 'mining lease' means a lease granted for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of1[mineral oils] or for purposes connected therewith, and includes an exploring or a prospecting licence; (e) 'oilfield' means any area where any operation for the purpose of obtaining natural gas and petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid or solid state, is to be or is being carried on. ____________________ 1. Substituted for 'minerals' by the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), Section 32 and Schedule III (with effect from 1-6-1958).

Oilfields (Regulation and Development) Act, 1948 Section 11

Title: Power of Inspection

State: Central

Year: 1948

(1) For the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose mentioned in this Act or the rules made thereunder, any officer authorised by the Central Government in this behalf shall have the right to-- (a) enter and inspect any mine; (b) order the production of any document, book, register or record in the possession or power of any person having the control of or connected with, any mine; (c) examine any person having the control of, or connected with, any mine. (2) Any officer 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.

Oilfields (Regulation and Development) Act, 1948 Schedule I

Title: Schedule

State: Central

Year: 1948

..... 808.29 Feb-02 815.23 Mar-02 851.77 ________________________________ 1. Inserted by Act 39 of 1969, Section 4 (w.r.e.f. 1-1-1968). 2. Substituted by S.O. 91 (E)/1993. 3. Substituted by S.O. 666 (E)/1994. 4. Substituted vide Notification No. GSR814(E) dated 16.12.2004. Earlier the Schedule was as follows: "1[THE SCHEDULE (See Section 6-A) RATES OF ROYALTY 2[1. Crude oil: 3[2. Casing head condensate Rupees four hundred and eighty one per metric tonne for the period beginning on the 1st day of April, 1990 and ending on the 31st day of March, 1993] 3. Natural gas Ten per cent of the value of the natural gas obtained at well-head.]" 5. Substituted for the following vide Notification No. GSR559(E) dated 20.08.2007. "Note 1: Well Head Price of Crude Oil and Casing Head Condensate for areas covered under 1. (1) B. and 2. (1).B. above will be determined by deducting 7.5% and 10% of the Crude Oil and Casing Head Condensate price considered for onland and offshore production respectively. Royalty will be calculated on Cum -royalty basis as.....