Title : THE OIL AND NATURAL GAS COMMISSION ACT, 1959
Year : 1959
Any land required by the Commission for carrying out its functions under this act shall be deemed to be needed for a public purpose and such land shall be acquired for the Commission under the provisions of the Land Acquisition Act, 1894.
Any employee of the Commission, generally or specially authorised by it, may at all reasonable times enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of functions by the Commission under this Act.
The Commission may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any person specified in this behalf in the order.
All members and employees of the Commission, shall, when acting or purporting to act in pursuance of the provisions of this Act, or of any rule or regulation made there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
No suit, prosecution or other legal proceeding shall lie against the Commission or any member or employee of the Commission for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made there under.
The Commission shall be deemed to be a company within the meaning of any enactment for the time being in force providing for the levy of any tax or fee by the Central Government or a State Government and shall be liable to pay such tax or fee accordingly.
(1) The Central Government may, by notification in the Official Gazette, direct that the Commission shall be dissolved from such date as may be specified in the notification and thereupon the Commission shall be deemed to be dissolved accordingly.
(2) On and from the said date-
(a) All assets, liabilities and obligations acquired or incurred by the Commission for purposes of the Commission or for any of the purposes referred to in this Act shall vest in the Central Government, and
(b) All members shall vacate their offices as members of the Commission.
30A 1*Commission to comply with direction.
The Commission shall be bound by such directions, including directions regarding reservation of posts for the Scheduled Castes and the Scheduled Tribes, as the Central Government may, from time to time, for reasons to be recorded in writing, give to the Commission in respect of its affairs.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:-
(a) The term of office of, and the manner of filling casual vacancies among, the members, and their conditions of service including the salaries, remuneration and allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;
(b) The disqualifications for membership of the Commission and the procedure to be followed in removing a member who is or becomes subject to any disqualification;
(c) The procedure to be followed in the discharge of functions by members;
(d) The date by which, and the form in which, the budget shall be submitted in each year under sub-section (1) of section 21.(e) the procedure to be followed for placing the Commission in possession of funds;
(f) The procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans;
(g) The conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Commission ;
(gl) 1* The amount of salary, or honorarium, or the maximum of the scale of pay of any post, the creation of which requires the previous approval of the Central Government under section 15 ;
(g2) The amount of capital expenditure in respect of any scheme or proposal the implementation of which would require the previous approval of the Central Government under section 15, or the original or book value of any property, right or privilege the disposal of which would require such, approval;
(g3) Any bank in which the monies of the Commission may be deposited as provided in section 19 ;]
(h) The form and manner in which the accounts of the Commission shall be maintained under sub-section (1) of section 22 ;
(i) The form and manner in which returns, reports or statements shall be submitted under section 23 ;
(j) Any other matter which has to be, or may be, prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2*[in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
(1) The Commission may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with this Act and the rules made there under, for enabling it to discharge its functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:-
(a) The terms and conditions of appointment and service and the scales of pay of-employees of the Commission, including payment of travelling and daily allowances in respect of journeys undertaken by such employees for the purposes of this Act ;
(b) The time and place of meetings of the Commission, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting ;
(c) The maintenance of minutes of meetings of the Commission and the transmission of copies thereof to the Central Government ;
(d) The persons by whom, and the manner in which payments, deposits and investments may be made on behalf of the Com- mission ;
(e) The custody of monies required for the current expenditure of the Commission and the investment of monies not so required ;
(f) The maintenance of accounts.
(2A) The power to make regulations conferred by this section with respect to terms and conditions of appointment and service and the scales of pay of employees of the Commission shall include power to give retrospective effect from a date not earlier than the commencement of the Act, to such regulations or any of them but no retrospective effect shall be given to any such regulation so as to prejudicially affect the interests of any person to whom such regulations may be applicable.
(3) The Central Government may, by notification in the Official Gazette, amend, vary or rescind any regulation which it has approved; and thereupon the regulation shall have effect accordingly but without prejudice to the exercise of the powers of the Commission under sub-section (1).
(4) 1* Every regulation made under this section and every notifications issued under sub-section (3) of this section shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or notification or both Houses agree that the regulation or notification should not be made or issued, the regulation 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 regulation or by virtue of that notification.
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