Primary law, Tamil Nadu land law
The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993
The Parliament of India enacted the Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993, Act Number 65 of 1993, dated 4 September 1993, to transfer the undertaking of the Oil and Natural Gas Commission to the Oil and Natural Gas Corporation Limited. The Act also repealed the Oil and Natural Gas Commission Act, 1959, and the earlier transfer Ordinance, while preserving actions taken under that Ordinance. It gives authorised Corporation personnel powers to enter and inspect land for oil or natural gas prospecting, with compensation payable for loss or damage caused.
What the Act does
The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993 says it is deemed to have come into force on 2 July 1993. It provides for the Oil and Natural Gas Commission's undertaking to be transferred to and owned by the Oil and Natural Gas Corporation Limited from a date appointed by the Central Government.
The transfer covers:
- The Commission's entire capital.
- Movable and immovable property, including land, buildings, works, workshops, oil rigs and oil platforms.
- Tenancies, leases, deposits, investments, records and documents.
- Rights, powers, privileges, liabilities and obligations in India and outside India.
- Existing contracts, deeds, guarantees, powers of attorney and working arrangements.
- Pending proceedings and existing causes of action relating to the undertaking.
Who is affected
The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993 affects parties dealing with property, leases, contracts, licences or proceedings previously connected with the Oil and Natural Gas Commission. Those rights and obligations continue against or in favour of the Oil and Natural Gas Corporation Limited.
Licences, leases, concessions, permits, quotas, benefits, privileges and exemptions granted to the Commission are treated as granted to the Corporation. Guarantees supporting loans, lease finance or other assistance also continue for the Corporation.
Employees connected with the transferred undertaking generally became employees of the Corporation on the same tenure, remuneration, conditions, rights and benefits. Retired employees entitled to benefits from the Commission became entitled to receive them from the Corporation.
Entry onto land and compensation
The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993 allows the Central Government, following a request from the Corporation, to authorise a Corporation officer or employee to:
- Enter and inspect land.
- Survey and measure land.
- Dig holes or carry out prospecting work for oil and natural gas.
- Examine, mark, copy or take extracts from relevant documents and records.
The Corporation must pay the occupier compensation for loss or damage to land caused by these activities. A competent authority appointed by the Central Government determines the amount in the prescribed manner.
Repeals and continuity
The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993 repealed the Oil and Natural Gas Commission Act, 1959, on the appointed day. It also repealed the earlier transfer Ordinance but treats actions taken under that Ordinance as actions under the corresponding provisions of the Act.
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Common questions
Can Oil and Natural Gas Corporation Limited officials enter my land?
Only an officer or employee authorised by the Central Government, following a request from the Corporation, may enter and inspect land for checking the availability of oil or natural gas.
Must compensation be paid if prospecting damages my land?
Yes. The Oil and Natural Gas Corporation Limited is liable to compensate the occupier for loss or damage caused by its authorised officers or employees, with the amount determined by a competent authority appointed by the Central Government.
Did the Act transfer all private land to Oil and Natural Gas Corporation Limited?
No such general transfer is stated. The Act transferred land and other property that belonged to, was possessed by, or was under the power of the Oil and Natural Gas Commission as part of its undertaking.
What happened to leases and licences previously granted to the Oil and Natural Gas Commission?
From the appointed day, leases, licences, concessions, permits, quotas, benefits, privileges and exemptions granted to the Commission are treated as having been granted to the Oil and Natural Gas Corporation Limited.
