THE SOLVENT RAFFINATE AND SLOP (ACQUISITION, SALE, STORAGE AND PREVENTION OF USE IN AUTOMOBILE) ORDER, 2000 (REPUBLISHED IN G.O.MS.NO: 206, C, F & C.P., DATED 06.09.200) APPENDIX NOTIFICATION PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY
PART-II SECTION 3 ( i ) MINISTRY OF PETROLEUM AND NATURAL GAS ORDER New Delhi, the 5th June, 2000 G.S.R. 519 (E).- In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1995 (Central Act 10 of 1955), the Central Government hereby makes the following order, namely:-
1. Short title, extent and commencement: (1) This order may be called The Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000.
2. It extends to the whole of India.
3. It shall come into force on the date of its publication in the Official Gazette.
2. Definitions: In this order, unless the context otherwise requires:-
(a) “Automobile” means any vehicle registered with Road Transport Authority by any person where fuel certified for use in such automobile is Motor Spirit, High Speed Diesel, liquefied Petroleum Gas or Compressed Natural Gas.
(b) “Government Oil Company” means an oil refining company or oil marketing company which is a Government company as defined in Section 617 of Companies Act, 1956; (1 OF 1956)
(c) “High Speed Diesel” means any hydrocarbon oil (excluding mineral colza oil and turpentine substitute) which meets the requirements of Bureau of Indian Standards specification No.IS-1460 and is suitable for use as fuel in Compression Ignition Engines;
(d) “Motor Spirit” means any hydrocarbon oil (excluding crude mineral oil) which meets the requirements of Bureau of India Standards specification No.IS-2796 and is suitable for use as fuel in Spark Ignition Engines;
(e) “Oil Company” means any person, firm or company engaged in sale of motor spirit and or the high speed diesel to consumers and or the dealers and authorised to do so by the Central Government.
(f) “Other Product” means a product other than solvent, raffinate or slop as defined here under and or their equivalent, having the power or ability to dissolve in motor spirit and or the high speed diesel;
(g) “raffinate” means a lean solvent stream in liquid extraction process where solvent is used to separate two components in hydrocarbon mixture.
(h) “Slop” means unfinished product stream generated in any industry during unstabilished period of plant operation.
(i) “Solvent” means volatile fractions derived either directly or indirectly from petroleum or coal. These solvents can be single hydrocarbon components like propane, benzene, toluene, oxylene etc or narrow or wide boiling ranges of hydrocarbon.
3. Restriction on sale and use of Solvents, Raffinates and Slops and other products:
(1) No person shall either acquire, store or sell Solvents, Raffinates and Slops or their equivalent and other product, without a licence, issued by the State Government or the District Magistrate or any other Officer authorised by the Central or the State Government.
(2) No person shall either use or help in any manner the use of Solvents, Raffinates and Slops or their equivalent or other product except Motor Spirit and High Speed Diesel, in any automobile. Provided that nothing in this Order shall preclude the use of such products for research purposes on automobiles.
(3) Any person whosoever is engaged in the sale of trading of Solvents ,Raffinates and Slops or their equivalent and other product, either imported or indigenous, for any purpose, whatsoever, shall file end-use certificates from consumers to whom he sells and furnish customer-wise sales to the District Magistrate or to the State Civil Supplies Authorities, on a quarterly basis.
(4) Any person whosoever is engaged in use of Solvents, Raffinates and Slops or their equivalent and other product, either imported or indigenous for manufacture of any petrochemicals or any other purpose shall file end-use certificates to the District Magistrate or the State Civil Supplies Authorities, on a quarterly basis.
4.Power of search and Seizure:- ( 1 ) Any Gazetted Officer of the Central or the State Government or any Police Officer not below the rank of Deputy Superintendent of Police duly authorised, by general or special order by the central or the State Government or any officer of a Government Oil Company or any other oil Company authorised by the Central Government, not below the rank of Sales Officer may, with a view to securing compliance with the provisions of this Order, or for the purpose of satisfying himself that this order or any order made thereunder has been complied with,-
(a) Enter and search any place or premises being used or suspected to be used of in the business of the dealer, transporter, consumer or any other person who is an employee or agent of such dealer, transporter, consumer with respect to which there is reason to believe that the provisions of this order have been or are being or are about to be contravened;
(b) Stop and search any person or vehicle or receptacle used or intended to be used for the movement of the product or using or receiving the product in contravention of this Order.
(c) Inspect any book of accounts or other document or any stock of the product used or suspected to be used in the business of the dealer, transporter, consumer or any other person suspected to be an employee or agent of the dealer, transporter or consumer.
(d) Take samples of the product and seize any of the stocks of the product which the officer has reason to believe has been or is being or is about to be used in contravention of this Order and thereafter take or authorise the taking of all measures necessary for securing the production of stocks or items so seized before the Collector having jurisdiction under the provisions of the Essential Commodities Act, 1955 and for their safe custody pending such production.
(2) While exercising the power of seizure provided under sub-clause (d) of clause (1)the authorised Officer shall record in writing the reasons for doing so, a copy of which shall be given to the dealer, transporter, consumer or any other concerned person.
(3) The Provisions of section 100 of the code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, as far as may be, apply to searches and seizures under this Order.
5. Sampling of Product:-
(1) The Officer authorised in Clause 4 shall draw the sample from the tank, nozzle, vehicle or receptacle as the case may be to check whether the provisions of this order are being or likely to be contravened.
(2) The Officer authorised in Clause 4 shall take, sign and seal three samples of 750 ml. to 1 litre each of the product, one to be given to the concerned person under acknowledgement with instructions to preserve the sample in his safe custody till the testing and investigations are complete, the second sample to be kept by the concerned oil company or department and the third to be used for laboratory analysis.
(3) The samples shall be taken in clean glass or aluminium containers and no Plastic containers shall be used for drawing samples.
(4) The sample label should be jointly signed by the officer who has drawn the sample, and the concerned person or his representative and the label shall contain information as regards the product, place of seizure, quantity of sample, date, name and signature of the concerned person or his representative.
(5) The authorised officer shall send the third sample of the product taken under sub clause
(2) within a period of 10 days, to any of the laboratories specified in Schedule III of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 for the purpose of analysis of samples to check the product.
6. Power of Central and the State Government to issue directions:- The Central Government or a State Government with the approval of the Central Government may, from time to time, by a general or special order issue to any person such directions, as it considers necessary regarding storage, sale, transportation and disposal and use of product and upon the issue of such directions, such person shall be bound to comply therewith.
7. Provision of the order to prevail over previous orders of State Government:
The provisions of this Order shall have effect not with standing anything to the contrary contained in any order made be a State Government or by an Officer of such State Government before the commencement of this Order except as respects anything done, or omitted to be done thereunder before such commencement.
(F.No.P.11013/1/2000-Dist.)
NARESH NARAD, Addl. Secy.
APPENDIX NOTIFICATION ( G.O.Ms.No.207, C,F & C.P. Department dated 06.09.2000 ) WHEREAS, the Government of Tamil Nadu are of the opinion that it is necessary and expedient so to do to confer the power of search and seizure specified in the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000.
NOW, THEREFORE, under sub-clause (1) of clause 4 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000, the Governor of Tamil Nadu, hereby, authorises the following officers for the purpose of the said clause:-
(1) Officers of Industries and Commerce Department not below the rank of Inspector of Industries and Commerce.
(2) All officers of Revenue Department not below the rank of Taluk Tahsildars within their jurisdiction.
(3) All officers of Police Department including Civil Supplies CID not below the rank of Deputy Superintendent of Police.
(4) All Officers of Labour Department not below the rank of Inspectors within the local Limits of their jurisdiction.
(5) All Officers of Civil Supplies and Consumer Protection Department not below the rank of Assistant Commissioners including Assistant Commissioner (Inspection).
R.SANTHANAM.
SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU ABSTRACT Essential Commodities Act, 1955 (Central Act X of 1955) – Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000 – Promulgated by Government of India – Licensing Authorities – Authorised by Government – Orders - Issued.
---------------------------------------------------------------------------------------------------------------------------- CO-OPERATION, FOOD AND CONSUMER PROTECTION (C1) DEPARTMENT G.O.Ms.No.220 Dated: 03.10.2000 Read:
1. Government of India, Ministry of Petroleum and Natural Gas Gazette Notification No.G.S.R.519(E), dated : 5.6.2000 and Corrigendum dated 30.6.2000.
2. Government of India, Ministry of Petroleum and Natural Gas Lr.No.P-110313/1/2000, Dist.Pt dt:11.8.2000 and 17.8.2000.
3. Government D.O.Letter No.17365/C1/2000 – 10 Cooperation, Food and Consumer Protection, dated:2.8.2000 addressed to all collectors.
4. Government Fax No.17365/C1/2000 – 17, Cooperation, Food and Consumer Protection, dated:29.8.2000.
5. Government D.O.No.17365/C1/2000 –18, Cooperation, Food and Consumer Protection, dated:29.8.2000 addressed to all Collectors.
6. G.O.Ms.No.206, Cooperation, Food and Consumer Protection Department, Dated;6.9.2000.
7. G.O.Ms.No.207, Cooperation, Food and Consumer Protection Department, Dated;6.9.2000.
8. From the Special Commissioner and Commissioner of Civil of Civil Supplies and Consumer Protection Letter No.K4/22196/ 2000, dated:9.9.2000 and 11.9.2000.
***** ORDER:
The Government of India, Ministry of Petroleum and Natural Gas have Promulgated the Solvent,Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000 under section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) on
5.6.2000 to prevent the misuse of Solvents, Raffinates and Slops or their equivalent and other product as Automobile fuel and adulterant of Automobile fuels.
2. In the Government Order 6th read above, the Government have republished the above said order in the Tamil Nadu Government Gazette, Extra – Ordinary dated 7.9.2000 and in the Government Order 7th read above, Orders have been issued authorising the State Government Officials as Inspecting Officers under clause 4 of the said Order.
3. Under sub-clause (i) of Clause 3 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000 no person shall either acquire, store or sell Solvents, Raffinates and Slops or their equivalent and other product, without a licence, issued by the State Government or the District Magistrate or any other officer authorised by the Central or the State Government. Accordingly, after consultation with the Special Commissioner and Commissioner of Civil Supplies and Consumer Protection, the Government direct that the following officers be empowered to exercise the powers and functions as Licensing authority within the local areas as specified below for the purpose of the said order, namely:-
(a) in the case of Chennai City and its belt areas, the Deputy Commissioner (Civil Supplies) North and the Deputy Commissioner (Civil Supplies) South within their respective jurisdiction, and
(b) in the case of other Districts the Collector of the District concerned.
4. Under sub-clause (3) of Clause 3 of the Solvent,Raffinate and Slop (Acquistion, Sale, Storage and Prevention of use in Automobile) Order, 2000, any person whosoever is engaged in the sale or trading of Solvents, Raffinates and Slops or their equivalent and other product, either imported or indigenous for any purpose whatsoever, shall file end-use certificates from consumers to whom he sells and furnish customer wise sales to the District Magistrate or to the State Civil Supplies Authorities, on a quarterly basis. Accordingly, the Government direct that the end-use certificates and the particulars regarding customer-wise sales mentioned above shall be filed/furnished to the concerned licensing authorities mentioned in para 3 above with a copy to the State Level Co-ordinator of the Oil Industry for information.
5. Under sub-clause (4) of Clause 3 of the Solvents, Raffinates and Slops (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000, every person whosoever is engaged in use of Solvents, Raffinates and Slops or their equivalent and other product, either imported or indigenous for manufacture of any Petro-Chemicals or any other purpose shall file end-use certificates to the District Magistrate or the State Civil Supplies Authorities, on a quarterly basis. Accordingly, the Government direct that the end-use certificates mentioned above shall be filed with the concerned licensing authority mentioned in para 3 above on a quarterly basis, with a copy to the State Level Coordinator of the Oil Industry for information.
6. The Government of India, Ministry of Petroleum and Natural Gas have already notified the form in which application for issue of Solvent,Raffinate and Slop Licence shall be made under the said Order and the format in which the licence shall be issued by the licensing authorities. The Government of India have also prescribed a fee of Rs.500/- for fresh licence and Rs.250/- for renewal of licence. As prescribed by the Government of India, licence shall be issued for a period of one year and thereafter shall be renewed for 2 years on each occasion.
Further, the Government of India have exempted the following companies from the provisions of clause 3 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000.
1. Indian Oil Corporation Limited (IOCL)
2. Bharat Petroleum Corporation Limited (BPCL)
3. Hindustan Petroleum Corporation Limited (HPCL)
4. IBP Company Limited.
5. Oil and Natural Gas Corporation Limited (ONGC)
6. Gas Authority of India Limited (GAIL)
7. Oil India Limited (OIL)
8. Kochi Refineries Limited (KRL)
9. Chennai Petroleum Corporation Limited (CPCL)
10. Bongaigaon Refinery and Petro-Chemicals Limited(BRPL)
11. Numaligarh Refinery Limited(NRL)
12. Lubrizol India Limited (LIL)
13. Biecco Lawrie and Company Limited
14. India Additives Limited (Subsidiary of CPCL)
15. Indian Oil Blending Limited (Subsidiary of IOC)
16. ONGC Videsh Limited
17. Balmer Lawrie & Co. Limited.
Accordingly, the Government have already communicated the application forms, the licensing forms, list of companies exempted and schedule of fees to the licensing authorities.
7. The Government also direct that all the licensing authorities mentioned in para 3 above to open the following head of account for crediting the fees for issue of fresh licence/renewal of licence under the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobile) Order, 2000.
1456-00-Civil Supplies – 800 – Other receipts – AA – Licence Fees 11 – Licence fee under Solvent, Raffinate and Slop Order, 2000 (DPC 1456 – 00 – 800 - AA – 1101) (By Order of the Governor) R.SANTHANAM.
SECRETARY TO GOVERNMENT MINISTRY OF PETROLEUM AND NATURAL GAS ORDER In pursuance of sub-clauses (1) and (5) of clause 3 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000, the Central Government hereby notifies the Form in which application for issue of Solvent, Raffinate and Slop licence shall be made under the said Order, and the Format in which the licence shall be issued by the State Government or the District Magistrate or the officer authorised by the Central or the State Government, namely.
APPLICATION FORM (For issue of licence for Solvent, Raffinate and Slop under sub-clause (1) of clause 3 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000) To, The State Government or the District Magistrate or the Officer authorised by the Central or the State Government.
1. Name of the applicant:
2. Type of firm (strike out whichever is not applicable)
2a. Public Limited Company / Private Limited Company / Partnership firm/ Proprietorship firm/Others
2b. Trader / Processor / Manufacturer / Consumer / Others
3. Addresses:
3a .Registered Office:
3b.Storage Point (s)
4. Names, addresses, telephone numbers of Directors / Partners/ Proprietor(s) Sl.
No Name Office Address Telephone Residence Address Telephone
5.Industry Registration / Licence Details Registration / Licence Number Date of Issue Valid up to Issuing Authority
6. Sales Tax Registration Details
6a. State Sales Tax Registration / Number Date of Issue Valid up to Issuing Authority
6b. Central Sales Tax Registration / Number Date of Issue Valid up to Issuing Authority
7. Explosives Licence Details Licence Number Date of Issue Valid up to Storage Capacity licenced (in kilolitres)
8. Details of Storage Location Solvents / Reffinates / Slops Tank Number Capacity (in kilolitres)
9. Use of Solvent/ Raffinate / Slop for which the licence is required 1 2 3
10a. Quantities of Solvent/ Raffinate / Slop for which Licence is applied for Solvents / Reffinates / Slops Capacity (in kilolitres)
10b. Material balance for which Solvent / Raffinate / Slop is / are required I. Process ……………………(attach details)…………………………….
……………………………………………………………………………..
……………………………………………………………………………..
II. Material balance of each unit of Solvent / Raffinate / Slop consumed ( to be given for each separately) End Products Production Product A ………….. % Product B ………….. % ………. ………….. % ………….. % Wastage ………….. % Total 100 % DECLARATION Certified that the above information is true to the best of my knowledge and belief and the information as Annexures and statements accompanying this application are correct, complete and truly stated, and if any statement made herein is found to be incorrect, I shall be liable for action under the provisions of law.
Date: Signature:
Place: Name:
FORMAT IN WHICH THE LICENCE SHALL BE ISSUED BY THE STATE GOVERNMENTS/ THE DISTRICT MAGISTRATE /UNION TERRITORY ADMINISTRATIONS / GOVERNMENT OF INDIA (See Clause 3(1))
1. Name of Trader / Processor / Manufacturer / Consumer / Others (Strike out whichever is not applicable)
2. Type of firm (Strike out whichever is not applicable) Public Limited Company / Private Limited Company / Partnership firm / Proprietorship firm
3. Addresses
3a. Registered office
3b. Storage point (s)
4. Names, addresses, telephone numbers of Directors / Partners / Proprietor(s) Sl.
No Name Office Address Telephone Residence Address Telephone
5. Industry Registration / Licence Details Registration / Licence Number Date of Issue Valid up to Issuing Authority
6. Sales Tax Registration Details
6a. State Sales Tax Registration / Number Date of Issue Valid up to Issuing Authority
6b. Central Sales Tax Registration / Number Date of Issue Valid up to Issuing Authority
7. Explosives Licence Details Licence Number Date of Issue Valid up to Storage Capacity licenced (in kilolitres)
8. Details of Storage Location Solvents/Raffinates/ Slops Tank Number Capacity (in kilolitres)
9. End use of Solvent /Raffinate /Slop for which the licence is granted 1 2 3
10. Other conditions of the Licence
11. Details of Solvent / Raffinate / Slop Licence Licence Number Date of Issue Valid upto* Solvents/Raffinates/ Slops Licence Quantity per year (in Kilolitres) (*) Licence shall be issued for a period of one year and thereafter shall be renewed for two years on each occassion Date: Signature:
Place: Name:
Designation:
Seal: