Power to make rules as respects petroleum leases

Section 5 of the Oilfields (Regulation and Development) Act, 1948 deals with power to make rules as respects petroleum leases. The Central Government may, by notification in the Official Gazette, make rules for regulating the [grant or extension or renewal of petroleum leases or for prohibiting the grant or extension or renewal] of such leases in respect of any [mineral oil] or in any area. The Act came into force on 25 Oct 1949.

5. Power to make rules as respects ¹[petroleum leases].---(1) The Central Government may, by notification in the Official Gazette, make rules for regulating the ²[grant or extension or renewal of petroleum leases or for prohibiting the grant or extension or renewal] of such leases in respect of any ³[mineral oil] or in any area.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: ---

(a) the manner in which, the ³[mineral oil] or areas in respect of which and the persons by whom, applications for ⁴[petroleum leases] may be made and the fees to be paid on any such application;

(b) the authority by which, the terms on which, and the conditions subject to which, ⁵[petroleum leases may be granted or extended or renewed];

⁶[(c) the maximum or minimum area of the petroleum leases;

(ca) the period for which any petroleum lease may be granted or extended or renewed;

(cb) the terms on which petroleum leases may be merged or combined;]

(d) the fixing of the maximum and minimum rent payable by a lessee, whether the ⁷[oilfield] is worked or not.

⁸[(e) the mechanism to enable resolution of disputes arising out of, or in relation to the petroleum leases or any authorisation granted by the Central Government for working of an oilfield through alternative dispute resolution methods under any law for the time being in force, in a place within India or outside India;

(f) any other matter which is required to be, or may be made by rules or in respect of which provision is to be made under this section.]

⁸[(3) The terms and conditions of a petroleum lease shall remain stable during the period of the lease for expeditious and efficient development of oilfields or production of mineral oils and shall not be altered to the disadvantage of the lessee during the period of the lease.]

Section 5, The Oilfields (Regulation and Development) Act, 1948 (Act 53 of 1948).