Anil Ambani/RNRL and RIL: Govt. is sole owner K G D 6

by rajnisaxena9 | August 7, 2009 at 03:57 am
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Sovereign Rights over natural resources: rights of the Government as per Constitution

According to Article 297 stated in Indian Constitution, the Union Government has full control over mineral and oil resources underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone of the country.

Further, the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) also provides for the grant of a license by the Government to explore and exploit the resources of the continental shelf and exclusive economic zone. According to the act, any petroleum operation should be carried out only under the license granted by the Central Government The Government has the power to cancel or modify the terms of conditions of prospecting licenses, mining leases and similar agreements. On behalf of the Government, Directorate of General of Hydrocarbons exercises the rights and powers to explore, develop, process, market petroleum and also to enter into petroleum agreements with company for these purposes.

Clause 27.1 of Production Sharing Contract (NELP) “The Government is the sole owner of Petroleum underlying the Contract Area and shall remain the sole owner of Petroleum produced pursuant to the provisions of this contract except as regards that part of Crude Oil, Condensate of Gas the title whereof has passed to the contractor or any other person in accordance with the provisions of this Contract.

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