PETROLEUM ACT, 1934
(1) This Act may be called the Petroleum Act, 1934.
1[(2) It extends to the whole of India 2[***].]
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Subs. by the A.O. 1950, for sub-section (2).
2. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, sec. 2 and Sch. (w.e.f. 1-11-1956).
3. Came into force on 30th March, 1937.
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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;
1[(b) “petroleum Class A” means petroleum having a flash-point below twenty-three degree centigrade;
(bb) “petroleum Class B” means petroleum having a flash-point of twenty-three degrees centigrade and above but below sixty-five degrees centigrade;
(bbb) “petroleum Class C” means petroleum having a flash-point of sixty-five degrees centigrade and above but below ninety-three degree centigrade;]
(c) 2[“flash-point”] of any petroleum means the lowest tempera
(1) No one shall import, transport or store any petroleum save in accordance with the rules made under section 4.
(2) Save in accordance with the conditions of any licence for the purpose which he may be required to obtain by rules made under section 4, no one shall import 1[petroleum Class A], and no one shall transport or store any petroleum.
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1. Subs. by Act 24 of 1970, sec. 4, for “any dangerous petroleum” (w.e.f. 1-8-1976).
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The 1[Central Government] may makes rules—
(a) prescribing places where petroleum may be imported and prohibiting its import elsewhere;
(b) regulating the import of petroleum;
(c) prescribing the periods within which licences for the import of 2[petroleum Class A] shall be applied for, and providing for the disposal, by confiscation or otherwise, of any 2[petroleum Class A] in respect of which a licence has not been applied for within the prescribed period or has been refused and which has not been exported;
(d) regulating the transport of petroleum;
(e) specifying the nature and condition of all receptacles and pipe-lines in which petroleum may be transported;
(1) No one shall produce, refine or blend petroleum save in accordance with the rules made under sub-section (2).
(2) The 1[Central Government] may makes rules—
(a) prescribing the conditions subject to which petroleum may be produced, refined or blended; and
(b) regulating the removal of petroleum from places where it is produced, refined or blended and preventing the storage therein and removal therefrom, except as 2[petroleum Class A], of any petroleum, which has not satisfied the prescribed tests.
3[***]
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1. Subs. by the A.O. 1937, for “Governor-General-in-Council
All receptacles containing 1[petroleum Class A] shall have a stamped, embossed, painted or printed warning, either on the receptacle itself or, where that is impracticable, displayed near the receptacle, exhibiting in conspicuous characters the words “Petrol” or “Motor Spirit”, or an equivalent warning of the dangerous nature of the petroleum:
Provided that this section shall not apply to—
(a) any securely stoppered glass, stoneware or metal receptacle of less than 2[ten litres] capacity containing 1[petroleum Class A] which is not for sale, or
(b) a tank incorporated in a motor conveyance, or attached to an internal combustion engine, and containing petroleum intended to be used to generate motive power for the motor conveyance or engine, or
Notwithstanding anything contained in this Chapter, a person need not obtain a licence for the transport or storage of—
(i) petroleum Class B if the total quantity in his possession at any one place does not exceed two thousand and five hundred litres and none of it is contained in a receptacle exceeding one thousand litres in capacity; or
(ii) petroleum Class C if the total quantity in his possession at any one place does not exceed forty-five thousand litres and such petroleum is transported or stored in accordance with the rules made under section 4.]
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1. Subs. by Act 24 of 1970, sec. 8, for section 7 (w.e.f. 1-8-1976).
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(1) Notwithstanding anything contained in this Chapter, a person need not obtain a licence for the import, transport or storage of petroleum Class A not intended for sale if the total quantity in his possession does not exceed thirty litres.
(2) Petroleum Class A possessed without a licence under this section shall be kept in securely stoppered receptacles of glass, stoneware or metal which shall not, in the case of receptacles of glass or stoneware, exceed one litre in capacity or, in the case of receptacles of metal exceed twenty-five litres in capacity.]
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1. Subs. by Act 24 of 1970, sec. 8, for section 8 (w.e.f. 1-8-1976).
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(1) The owner of a motor conveyance, who complies with the requirements of the law for the time being in force relating to the registration and licensing of such conveyance and its driver or pilot and the owner of any stationary internal combustion engine, shall not be required to obtain a licence—
(a) for the import, transport or storage of any petroleum contained in any fuel tank incorporated in the conveyance or attached to the internal combustion engine, or
(b) for the transport or storage of 1[petroleum Class A], not exceeding 2[one hundred litres] in quantity in addition to any quantity possessed under clause (a):
Provided the petroleum is intended to be used to generate motive power for motor conveyance or engine:
3[Provided further th
Notwithstanding anything contained in this Chapter, a railway administration as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890)1 need not obtain any licence for the import or transport of any petroleum in its possession in its capacity as carrier.
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1. Now the Railway Act, 1989 (24 of 1989).
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Nothing in this Chapter shall apply to any petroleum which has its flash-point not below ninety-three degrees Centigrade.]
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1. Subs. by Act 24 of 1970, sec. 10, for section 11 (w.e.f. 1-8-1976).
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The 1[Central Government] may, by notification in the Official Gazette, exempt any petroleum specified in the notification from all or any of the provisions of this Chapter.
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1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
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(1) The 1[Central Government] may authorize any officer by name or by virtue of office to enter any place where petroleum is being imported, stored, produced, refined or blended, or is under transport, and inspect all receptacles, plant and appliances used in connection with petroleum in order to ascertain if they are in accordance with the provisions of this Chapter and the rules made thereunder.
(2) The 1[Central Government] may make rules regulating the procedure of officers authorized under this section.
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1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
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(1) The 1[Central Government] may, by notification in the 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 1[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.
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(1) A standard apparatus for determining the ![flash-point] of petroleum shall be deposited with an officer to be appointed in this behalf by the 1[Central Government] by notification in the 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 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.
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1. Subs. by Act 24 of 1970, sec. 11, for “flashing-point” (w.e.f. 1-8-1976).
(1) The officer appointed under section 15 shall, on payment of the prescribed fee, if any, compare with the Standard Test Apparatus and apparatus for determining the 1[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
The 1[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.
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1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
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All tests of petroleum made under this Act shall be made with a test apparatus in respect of which there is 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.
1[(1) The testing officer after testing samples of petroleum shall make out a certificate in the prescribed form, stating 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.
2[(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 petroleu
(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 fee, 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 test was erroneous the testing officer shall cancel the original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner of the petroleum, or his agent, with a certified copy the
The 1[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 comprising 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 certificate shall be valid;
(e) prescribing the form of the register of such certificates;
(f) prescribing fees for comparing a test apparatus with Standard Test Apparatus;
The 1[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.
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1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
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(1) Whoever—
(a) in contravention of any of the provisions of Chapter 1 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, or
1[(c) being the holder or 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 transpo
(1) In any case in which an offence under clause (a) or clause (b) or clause (c) of sub-section (1) of section 23 has been committed, the convicting Magistrate may direct that—
(a) the petroleum in respect of which the offence has been committed, or
(b) where the offender is convicted of importing, transporting or storing petroleum exceeding the quantity he is permitted to import, transport or store, as the case may be, the whole of the petroleum in respect of which the offence was committed,
shall, together with the receptacles in which it is contained, be confiscated.
(2) This power may also be exercised by the High Court in the exercise of its appellate or revisional powers.
(1) Offences punishable under this Act shall be triable in the Presidency-towns, by a Presidency Magistrate, and elsewhere by a Magistrate of the first class, or by a Magistrate of the second class who has been specially empowered by the 1[Central Government] in this behalf.
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1. Subs. by the A.O. 1937, for “local Government”.
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(1) The 1[Central Government] may, by notification in the Official Gazette, authorize any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed.
(2) The provisions of the 2[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches shall, so far as they are applicable, apply to searches by officers authorized under this section.
(3) The 1[Central Government] may make rules regulating the procedure of authorized officers in the exercise of their powers under this section
Whenever there occurs in or about, or in connection with, any place in which petroleum is refined, blended or kept, or any carriage or vessel either conveying petroleum or on or from which petroleum is being loaded or unloaded, any accident by explosion or by fire as a result of the ignition of petroleum or petroleum vapour attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place or the person for the time being incharge of the petroleum or the person incharge of the carriage or the master of the vessel, as the case may be, shall, within such time and in such manner as may be prescribed, give notice thereof and of the attendant loss of human life, or injury to person or property, if any, to the nearest Magistrate or to the officer-in-charge of the nearest police station and to the 2[Chief Controller of Explosives].]
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(1) The inquiry mentioned in section 176 of the 1[Code of Criminal Procedure, 1973 (2 of 1974)], shall, 2[unless section 8 of the Coroners Act, 1871 (4 of 1871), is applicable to the circumstances,] be held in all cases where any person has been killed by an accident which the Magistrate has reason to believe was the result of the ignition of petroleum or petroleum vapour.
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding that no person was killed thereby.
(3) For the purposes of 3[sub-section (2)] a Commissioner of Police 4[***] 5[***] shall be deemed to be a Magistrate empowered
(1) In making any rules under this Act, the 1[Central Government] may—
(a) provide for any matter ancillary to such rules for which in 2[its] opinion provision is necessary to protect the public from danger arising from the import, transport, storage, production, refining or blending of petroleum, and
(b) make special provision for the special circumstances of any State or place.
(2) Every power to make rules conferred by this Act is subject to the condition of previous publication.
(3) All rules made under this Act shall be published in the Official Gazette 3[***].
4[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it i
[Repealed by the Inflammable Substances Act, 1952 (20 of 1952), section 7.]
Where any enactment confers powers upon any local authority in respect of the transport or storage of petroleum, the 1[Central Government] may, by notification in the Official Gazette,—
(a) limit the operation of such enactment, or
(b) restrict the exercise of such powers, in any manner 2[it] deems fit.
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1. Subs. by A.O. 1937, for “Governor-General-in-Council”.
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[Repealed by the Repealing Act, 1938 (1 of 1938), sec. 2 and Schedule.]
[Repealed by the Repealing Act, 1938 (1 of 1938) sec. 2 and Schedule.]
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