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PETROLEUM ACT, 1934
30 OF 1934
"Petroleum Act, 1899 was passed at time when the use of petroleum, particularly of dangerous petroleum or petrol, was limited, and with the great development in the use of petroleum that have taken place in the last 30 years it has become unsuitable in several ways. As early as 190.3 the attention of the Government of India was drawn to the inconvenience arising from the existence in different provinces of separate sets of rules to regulate the importation, possession and transport of petroleum. The present Act does not permit the issue by the Government of India of a set of rules applicable throughout British India and the only way in .which it bus beeni possible to secure unformity has been made by the issue by Local Governments from time to time of similar rules with the sanction of the Central Government. Local Governments. and the interests concerned were consulted on the subject of revising the Act in 1925-26 and it was agreed by all Local Governments that the rule-making power should be transferred to the Central Government. In addition a number of other changes have been proposed in the light of experience. ......... The opportunity has been taken to rearrunge the whole law. In addition to the "Preliminary" portion and the final "Supplemental" chapter the Bill contains three separate chapters. Chapter I relates to the control of petroleum and Chapter II to its testing, while Chapter III contains the necessary penal provisions and what may be described as criminal procedure."-Gaz. of Ind.. 1933, Part V, page 104. Amending Act 31 of 1977.- The Committee on Subordinate Legislation (Fifth. Lok Sabha) in their Fourteenth Report desired that the Government should undertake a review of ail Acts to find out which of them do not contain.a provision for laying of rules framed thereunder before Parliament and should incorporate such a provision in those Acts. As the Petroleum Act, 1934, docs not contain such a provision, the Bill seeks to include such a provision in that Act. 2. The opportunity is availed of to change tile reference to the Chief Inspector of Explosives in India and Code of Criminal Procedure, 1898, into references to the Chief Controller of Explosives and Code of Criminal Procedure, 1973. respectively.-S.O.R. Guz.. of Ind., 20-7-1977. Pt. II, S. 2 Ext.. p. 417.An Act to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum b [* * * *] Whereas it is expedient to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum b [ * * * *]; It is hereby enacted as follows :-
CHAPTER 1 : PRELIMINARY
SECTION 1 : Short title, extent and commencement
( 1 ) This Act may be called (The Petroleum Act, 1934) .
3 (a) [a] Substituted for sub-section (2) by A.L.O.. 1950 (26-1-1950). [(2) It extends to the whole of India 3 (b) [b] The words 'except the State of Jammu and Kashmir' were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956(62 of 1956), Section 2 and Schedule (1-1 1-1956). [* * *].]
(3) It shall come into force on such date 3 (c) [c] The Act came into foree on 30-3-1937-See Gazette of India, 1937, Pt. I, p. 632. as the 3 (d) [d] Substituted for the words 'Governor-General in Council' and 'Gazette of India' by A.0., 1937. [Central Government] may, by notification in the 3 (d) [d] Substituted for the words 'Governor-General in Council' and 'Gazette of India' by A.0., 1937. [Official Gazette], appoint.
SECTION 2 : Definitins
In this Act, unless there is anything repugnant in the subject or context,- (a) "petroleum" means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbon;
3 (a) [a] Substituted for form former Cl. (b) by the Petroleum (Amendment) Act. 1970 (24 of 1970), Section 3 (29-5-1970).[(b) "petroleum Class A" means petroleum having a flash-point below twenty-three degrees centigrade:
(bb) "Petroleum Class B" means petroleum having a flash-point of twenty-three degrees centigrade and above but below sixty-live degrees centigrade:
(bbb) "petroleum Class C" means petroleum having a flash point of' sixty-five degrees centigrade and above hut below ninety-three degrees centigrade: ]
(c) 3 (b) [b] Substituted for the words 'flashing-point', by the Petroleum (Amendment) Act. 1970 (24 of 1970). ["flush-point''] of any petroleum means the lowest temperature at which it yields a vapour which will give a momentary flash when ignited, determined in accordance with the provisions of Chapter II and the rules made thereunder:
3 (c) [c] Substituted for former Cl. (d), by the Petroleum (Amendment) Act. 1970 (24 of 1970). [(d) to transport petroleum" means to move petroleum from one place to another in India and includes moving from one place to another in India across a territory which is not part of India:]
(e) "to import" petroleum means to bring it into 3 (d) [d] Substituted for the words "the. territories to which this Act extends'' by the Jammu and Kashmir (Extension of Laws) Act. 1956 (62 of 1956). Section 2 and Schedule (1-1 1-1956). [India] by land, sea or air, otherwise than during the course of transport:
(f) "to store" petroleum means to keep it in any one place, but does not include any detention happening during the ordinary course of transport:
(g) "motor conveyance" means any vehicle, vessel or aircraft for the conveyance of human beings, animals or goods, by land, water or air, [in which petroleum is used to generate the motive power:
(h) "prescribed" means prescribed by rules made under this Act. 3 (e) [e] Cl. (i) was omitted by Part B States (Laws.) Act. 1951 (3 of 1951), Section 3 and Schedule (1-4-1951). [*** ****]
CHAPTER 1A : CONTROL OVER PETROLEUM
CHAPTER 2 : TESTING OF PETROLEUM
SECTION 14 : Inspection and sampling of petroleum
( 1 ) The 3 (a) [a] Substituted for the words 'Governor-General-in-Council' and 'Gazette of India', respectively, by A.O., 1937. [Central Government] may, by notification in the 3 (a) [a] Substituted for the words 'Governor-General-in-Council' and 'Gazette of India', respectively, by A.O., 1937. [Official Gazette], authorize'' any officer by name or by virtue of office to enter any place where petroleum is being imported, transported, stored, produced, refined or blended and to inspect and take samples for testing of any petroleum found therein.
(2) The 3 (a) [a] Substituted for the words 'Governor-General-in-Council' and 'Gazette of India', respectively, by A.O., 1937. [Central Government] may make rules'-
(a) regulating the taking of samples of petroleum for testing,
(b) determining the cases in which payment shall be made for the value of samples taken, and the mode of payment, and
(c) generally, regulating the procedure of officers exercising powers under this section.
SECTION 15 : Standard Test Apparatus
( 1 ) A standard apparatus for determining the 3 (a) [a] Substituted for 'flashing-point' by the Petroleum (Amendment) Act, 1970 (24 of 1970), S. 11 (29-5-1970). [flash-point] of petroleum shall be deposited with an officer to be appointed in this behalf by the 3 (b) [b] Substituted for the words "Governor-General in Council" and "Gazette of India' respectively by A.O., 1937. [Central Government], by notification in the 3 (b) [b] Substituted for the words "Governor-General in Council" and "Gazette of India' respectively by A.O., 1937. [Official Gazette).
(2) Such apparatus shall be engraved with the words "Standard Test Apparatus", and shall be verified and corrected from time to time and replaced when necessary in accordance with rules made under (section 21) .
(3) The Standard Test Apparatus shall, on payment of the prescribed-fee, be open to inspection at all reasonable times by any person wishing to inspect it.
SECTION 16 : Certification of other test apparatus
(1) The officer appointed under (section 15) , shall, on payment of the prescribed fee, if any, compare with the Standard Test Apparatus any apparatus for determining the 3 (a) [a] Substituted for "flashing point" by the Petroleum (Amendment) Act, 1970 (24 of 1970). S. 12 (29-5-1970). [flash-point] of petroleum which may be submitted to him for this purpose.
(2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed limits, the officer shall engrave such apparatus with a special number and with the date of the comparison, and shall give a certificate in respect of it in the prescribed form. certifying that on the said date the apparatus was compared with the Standard Test Apparatus and was found to agree with it within the prescribed limits, and specifying any corrections to be made in the results of tests carried out with the apparatus.
(3) A certificate granted under this section shall be valid for such period as may be prescribed.
(4) A certificate granted under this section shall, during the period for which it is valid, be proof, until the contrary is proved, of any matter staled therein.
(5) The officer shall keep a register in the prescribed form of all certificates granted by him under this section.
SECTION 17 : Testing officers
The -3 (a) [a] Substituted for the words "Governor General in Council", by A.0., 1937. [Central Government] may authorize any officer by name or by virtue of office to test petroleum of which samples have been taken under this Act, or which may have been submitted to him for test by any person, and to grant certificates of the results of such tests.
SECTION 18 : Manner of test
All tests of petroleum made under this Act shall be made with a test apparatus in respect of which there is a valid certificate under (section 16), shall have due regard to any correction specified in that certificate, and shall be carried out in accordance with rules made under (section 21)
SECTION 19 : Certificate of testing
3 (a) [a] Substituted for former sub-sections (1) and (3) by the Petroleum (Amendment) Act, 1970, Section 13 (29-5- 1970). [( 1 ) The testing officer after testing samples of petroleum shall make out a certificate in the prescribed form, slating whether the petroleum is petroleum Class A or petroleum Class B or petroleum Class C, and if the petroleum is petroleum Class B or petroleum Class C, the flash-point of the petroleum.]
(2) The testing officer shall furnish the person concerned, at his request., with a certified copy of the certificate, on payment of the prescribed fee, and such certified copy may be produced in any Court in proof of the contents of the original certificate.
3 (a) [a] Substituted for former sub-sections (1) and (3) by the Petroleum (Amendment) Act, 1970, Section 13 (29-5- 1970). [(3) A certificate given under this section shall be admitted as evidence in any proceedings which may be taken under this Act in respect of the petroleum from which the samples were taken, and shall, until the contrary is proved, be conclusive proof, that the petroleum is petroleum Class A or petroleum Class B or petroleum Class C, and, if the petroleum is petroleum Class B or petroleum Class C, of its flash-point. ]
SECTION 20 : Right to require re-test
( 1 ) The owner of any petroleum.or his agent, who is dissatisfied with the result of the test of the petroleum may. within seven days From the date on which he received intimation of the result of the test apply to the officer empowered under (section 14) to have fresh samples of the petroleum taken and tested.
(2) On such application and on payment of the prescribed tee, fresh samples of the petroleum shall be taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence of such owner or agent or person deputed by him.
(3) If on such re-test, it appears that the original lest was erroneous, the testing officer shall cancel the original certificate granted under (section 19) , shall inake out a fresh certificate, and shall furnish the owner of the petroleum, or hi,s agent, with a certified copy thereof, free of charge.
SECTION 21 : Power to make rules regarding tests
The 3 (a) [a] Substituted for the words 'Governor-General in Council' by A.O., 1937. [Central Government ] may make rules'- (a) for the specification, verification, correction and replacement of the Standard Test Apparatus:
(b) prescribing fees for the inspection of the Standard Test Apparatus;
(c) regulating the procedure in comparing a test apparatus with the Standard Test Apparatus;
(d) prescribing the form of certificate to be given in respect of a test apparatus so compared, and the period for which such certificates shall be valid;
(e) prescribing the form of the register of such certificates;
(f) prescribing fees for comparing a test apparatus with the Standard Test Apparatus;
(g) regulating the procedure of testing officers in carrying out tests of petroleum, providing for the averaging of results where samples of the same petroleum are tested, and prescribing the variations from standard temperatures which may be allowed;
(h) prescribing the form of certificates of tests of petroleum and the fees which may be charged therefor;
(i) providing, where the results of the testing of samples raise a doubt as to the uniformity of the quality of the petroleum in any lot under test, for the division of the lot into sub-lots, and for the selection and testing of samples of each sub-lot and for the averaging of results in accordance with the results of tests of those samples;
(j) prescribing fees for re-tests under (section 20) and providing for their refund where the original test was erroneous: and
(k) generally, regulating the procedure of all officers performing duties connected with the testing of petroleum, and providing for any matter incidental to such testing.
SECTION 22 : Special rules for testing viscous or solid forms of petroleum
The 3 (a) [a] Substituted for the words 'Governor-General in Council' by A.O., 1937. [Central Government] may also make rules' providing specially for the testing of any form of petroleum which is viscous or solid or contains sediment or thickening ingredients, and such rules may modify or supplement any of the provisions of this Chapter or of the rules made under (section 21) in order to adapt them to the special needs of such tests.
CHAPTER 3 : PENALTIES AND PROCEDURE
SECTION 23 : General penalty for offences under this Act
( 1 ) Whoever-
(a) in contravention of any of the provisions of Chapter I or of any of the rules made thereunder, imports, transports, stores, produces refines or blends any petroleum, or
(b) contravenes any rule made under (section 4)
or (section 5)
, or3 (a) [a] Substituted for the original clause by the Petroleum (Amendment) Act, 1941 (3 of 1941), S. 2 (17-3-1941).
[(c) being the holder of a licence issued under (section 4)
or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported or stored, or is under transport, contravenes any condition of such licence or suffers any condition of such licence to be contravened, or]
(d) being for the time being in control or in charge of any place where petroleum is being imported, stored, produced, refined or blended or is under transport, refuses or neglects to show to any officer authorized under S. 13 any receptacle, plant or appliance used in such place in connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during an inspection, or
(e) being for the time being in control or in charge of any place where petroleum is being imported, transported, stored, produced, refined or blended, refuses or neglects to show to any officer authorised under S. 14 any petroleum in such place, or to give him such assistance as he may require for the inspection of such petroleum, or refuses to allow him to take samples of the petroleum, or
(f) being required, under (section 27)
, to give information of an accident, fails to give such information as so required by that section, shall be punishable 3 (b) [b] Substituted for the words "with fine which may extend to five hundred rupees" and "with. fine which may extend to two thousand rupees", respectively by the Petroleum (Amendment) Act, 1970 (24 of. 1970), S. 14 (29-5- 1970).
[with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees, or with both.]
(2) If any person, having been convicted of an offence punishable under sub-section (1), is again guilty of any offence punishable under that sub-section, he
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