SOLVENT, RAFFINATE AND SLOP (ACQUISITION, SALE, STORAGE AND PREVENTION OF USE IN AUTOMOBILES) ORDER, 2000
(1) This Order may be called the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) 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.
In this Order, unless the context otherwise requires :--
(a) "automobile" means any vehicle registered with the 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 the 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 hydrocar
(1) No person shall either acquire, store or sell solvents, raffinates, 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.
1[Provided that no such licence shall be required for consumption of 50 Kilo Litres per month or less and stock at a given time of 20 Kilo litres or less of solvents listed in the Schedule combined.]
(2) No person shall either use or help in any manner the use of solvents, raffinates, 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 suck products for research purposes on automobiles.
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(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 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
(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 shall 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
The Central Government of 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.
The Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000, issued under the Essential Commodities Act, 1955, regulates the manufacturing, possession, sale, storage, and use of certain petroleum derivatives, primarily focusing on controlling their use in automobiles. Section O.6 pertains to the provisions related to licensing, storage, and the legal framework governing these activities, including penalties and enforcement measures.
Section O.6 details the licensing requirements, conditions for storage and sale, restrictions on use, and penalties for contravention of the provisions under the Order. It emphasizes the necessity of obtaining valid licenses for acquiring, storing, or selling solvents and similar petroleum products, delineates the scope of permissible quantities, and prescribes procedures for inspection, sampling, and enforcement actions, including confiscation and penalties.
Section O.6 applies to:- Manufacturers, traders, and users of solvents, raffinates, and slops listed under the Order.- Activities involving acquisition, sale, storage, and use of these products in automobiles.- Enforcement agencies exercising powers of inspection, sampling, confiscation, and prosecution.- The regulatory framework for ensuring compliance with licensing, safety, and usage restrictions.
Licensing - The Order mandates obtaining a license for acquisition, sale, or storage of solvents, which is essential for legal compliance [Sources: Inbaraj VS District Collector, District Collector Office, Erode, 01700003614, Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat].
Exemptions - Small quantities (up to 50 KL/month consumption and 20 KL storage) are exempted from licensing, provided proper registration and declaration are made [Sources: Inbaraj VS District Collector, District Collector Office, Erode, 01700003614].
Procedural compliance - Mandatory procedures for application, inquiry, and issuance of licenses are prescribed, and non-compliance leads to penalties [Sources: 01700003614, Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat].
Sampling and inspection - The Order specifies strict sampling protocols, including joint signing, sealing, and testing by authorized officers, which are mandatory to ensure authenticity [Sources: Inbaraj VS District Collector, District Collector Office, Erode, Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat].
Enforcement powers - Authorities have the power to enter premises, seize unauthorized stock, and conduct investigations, but must follow due process as per law [Sources: 01700003614, Inbaraj VS District Collector, District Collector Office, Erode].
Penalty provisions - Violations attract confiscation, fines, and criminal prosecution under the Essential Commodities Act, emphasizing deterrence [Sources: Inbaraj VS District Collector, District Collector Office, Erode, Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat].
Legal validity of orders - Orders issued under Section 3 of the Act, including licensing and restrictions, are within the constitutional and statutory powers of the Central Government, provided they do not conflict with other laws like the Petroleum Act [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Relevance of licensing orders - Licensing under the Order is distinct from petroleum licensing; non-compliance with one does not automatically imply violation of the other, but both must be observed [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Confiscation and procedural safeguards - Confiscation orders must adhere to procedural requirements, including valid notices and sampling procedures, failure of which can invalidate confiscation [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Judicial review and validity - Orders of confiscation or penalties can be challenged in courts if procedural violations or jurisdictional errors are established [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Scope of violations - Unauthorized possession, sale, or use of solvents in automobiles without licenses constitutes a violation of the Order and attracts penalties [Sources: Inbaraj VS District Collector, District Collector Office, Erode, 01700003614].
Order's constitutionality - The Order is enacted under the delegated powers of the Essential Commodities Act, and its provisions are valid unless they conflict with other laws or exceed constitutional limits [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Overlap with other laws - The licensing regime under the Order is supplemental and does not replace licensing under Petroleum Act or other statutes, but must operate within their framework [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Materiality of violations - Non-compliance with sampling, licensing, or procedural requirements is material and can be grounds for confiscation and prosecution [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Judicial interpretation - Courts have upheld the validity of licensing orders under the Act, provided procedural safeguards are observed and orders are within jurisdiction [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Relevance of administrative guidelines - Administrative guidelines issued by authorities for enforcement are valid if they do not conflict with statutory provisions and are reasonable [Sources: 01700003614].
Rejection of illegal orders - Orders issued without proper jurisdiction or contrary to statutory provisions are liable to be quashed [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Due process requirement - Authorities must follow due process, including issuing proper notices, recording reasons, and conducting sampling as per law, to avoid procedural invalidity [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Penalty and confiscation legality - Confiscation or penalties imposed without adherence to procedural safeguards or beyond jurisdiction are liable to be set aside [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Order of law - The legal regime under the Act and the Order is designed to regulate hazardous and essential commodities, balancing enforcement with procedural fairness [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
Impact of judicial decisions - Courts have consistently held that procedural violations, lack of jurisdiction, or procedural irregularities can render confiscation orders illegal [Sources: Shree Yug International Pvt. Ltd. Thro Bharat Bipinchandra Panchal VS State Of Gujarat, S. Ashokkumar & Another VS The Collector of Kancheepuram District, office of the Collectorate Kancheepuram & Another].
Material facts and suppression - Suppression of material facts, such as prior orders or procedural lapses, can be grounds for quashing enforcement actions [Sources: GIRISHKUMAR NANJIBHAI NATHWANI PROPRIETOR, J. K. PETROLEUM VS COLLECTOR JUNAGADH, Inbaraj VS District Collector, District Collector Office, Erode].
Legal framework for enforcement - The legal framework empowers authorities but requires strict adherence to procedural safeguards, including sampling, notices, and jurisdictional limits [Sources: 01700003614, INDIAN SMALL SCALE PAINT ASSOCIATION SOCIETY VS STATE OF MAHARASHTRA].
In summary, Section O.6 of the Solvent, Raffinate, and Slop Order, 2000 establishes a comprehensive legal regime requiring licensing, strict procedural compliance, and enforcement measures. Violations attract penalties, confiscation, and criminal prosecution, but such actions must be grounded in lawful procedures, jurisdictional authority, and procedural safeguards to withstand judicial scrutiny. The courts have consistently upheld these principles, emphasizing procedural fairness, proper application of powers, and respect for statutory limits.
The provisions of this Order shall have effect notwithstanding anything to the contrary contained in any order made by 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.
[Please see sub-clause (gg) and (i) of clause 2]
(1) SBP sprint/SBP solvents.
(2) C-9 solvents/raffinates
(3) C-6 raffinates
(4) Pentane
(5) Cixon
(6) Solvent 90
(7) Hexane
(8) Heptane
(9) Resol
(10) NGL
(11) MTO
(12) Aromex
(13) Lonex
5[***]
4[(15) Mixed fuel Oi
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