Nagaland

Topics: Natural gas, Petroleum, Oil well Pages: 14 (3948 words) Published: September 6, 2013
THE NAGALAND PETROLEUM AND NATURAL GAS REGULATIONS, 2012
AS APPROVED BY THE CABINET SUB-COMMITTEE ON PETROLEUM AND NATURAL GAS ON 12.09.2012 AS APPROVED BY THE CABINET ON 13.09.2012
AS PASSED BY THE NAGALAND LEGISLATIVE ASSEMBLY ON 22.09.2012

WHEREAS the Nagaland Legislative Assembly, in exercise of its powers under article 371-A (1) (a) of the Constitution of India, had unanimously passed a Resolution on the 26th July, 2010 rendering inter alia all Acts of Parliament governing petroleum and natural gas inapplicable to the State of Nagaland:

WHEREAS the Union of India, while replying in Lok Sabha to a question raised on the issue on the 10th March, 2011, declared that the State of Nagaland has the power to frame rules for governing matters relating to petroleum and natural gas within the territory of Nagaland:

NOW THEREFORE, in continuation of the legislative affirmation as contained in the Resolution dated the 26th July, 2010 and in exercise of its sovereign Constitutional powers conferred upon it by the special provisions in article 371-A (1) (a) of the Constitution of India, the Nagaland Legislative Assembly hereby resolves to re-state the customary practices of Nagas in regard to “ownership of land and its resources” particularly in relation to petroleum and natural gas within the territory of Nagaland by enacting the following Regulations:

Short title, extent and commencement:

1.(1) These Regulations shall be called the Nagaland Petroleum and Natural Gas Regulations, 2012. (2) These shall extend to the whole of Nagaland.
(3) These shall come into force with immediate effect and shall be published in the Official Gazette of the State.

Definitions & Interpretation:

2.(1) The word “company” would mean all business organizations which are legally authorized to operate within the territory of India; (2) Other words used in these Regulations have the same legal connotation as assigned to them in any other law; and (3) In the case of any ambiguity, the interpretation of the State Government shall be final.

Restatement of effects of Assembly Resolution dated 26.7.2010

3.With the adoption of the Resolution of the Nagaland Legislative Assembly on the 26th July, 2010 under article 371-A (1) (a) of the Constitution of India, -

1) No Act of Parliament governing Petroleum and Natural Gas shall be applicable to the State of Nagaland and all such Acts shall be deemed to have become inapplicable to the State from the date of enactment of article 371 A (1) (a) of the Constitution of India regardless of previous acts of commissions and omissions; 2) No Act or Rule or any other instrument of the Government of Nagaland which is in conflict with the customary law position as enshrined in article 371-A (1) (a) of the Constitution of India in regard to “land and its ownership” in relation to petroleum and natural gas within the territory of Nagaland shall be deemed to have become void since the date of enactment of such Act or Rule or any other instrument notwithstanding their presence in the statute book and regardless of previous acts of commissions and omissions; and 3) Only these Regulations framed by the Nagaland Legislative Assembly in exercise of its extraordinary legislative powers under article 371 A (1) (a) of the Constitution of India and any other Rules that may be framed by the Government of Nagaland in accordance with the provisions of these Regulations, shall apply to matters relating to petroleum and natural gas within the territory of Nagaland.

Owners of Petroleum and Natural Gas:

4.(1) Whoever owns the land beneath which petroleum and natural gas resources lie, shall be the owners of such petroleum and natural gas resources, in whatever form these may lie underneath their land; and (2) Owners of such land and resources may be, -

i) Individual land...
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