Power to make rules for modification of existing leases

Section 7 of the Oilfields (Regulation and Development) Act, 1948 deals with power to make rules for modification of existing leases. The Central Government may, by notification in the Official Gazette, make rules for the purpose of modifying or altering the terms and conditions of any mining lease granted prior to the commencement of this Act so as to bring such lease into conformity with the rules made under sections 5 and 6: Pr The Act came into force on 25 Oct 1949.

(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of modifying or altering the terms and conditions of any mining lease granted prior to the commencement of this Act so as to bring such lease into conformity with the rules made under sections 5 and 6:

Provided that any rules so made which provide for the matters mentioned in clause (c) of subsection(2) shall not come into force until they have been approved, either with or without modifications, by ¹[the House of the People].

(2) The rules made under sub-section (1) shall provide--

(a) for giving previous notice of the modification or alteration proposed to be made thereunder to the lessee, and where the lessor is not the Central Government, also to the lessor, and for affording them an opportunity of showing cause against the proposal;

(b) for the payment of compensation by the party who would be benefited by the proposed modification or alteration to the party whose right under the existing lease would thereby be adversely affected; and

(c) for the principles on which, the manner in which and the authority by which the said compensation shall be determined.

Section 7, The Oilfields (Regulation and Development) Act, 1948 (Act 53 of 1948).