LIQUEFIED PETROLEUM GAS (REGULATION OF SUPPLY AND DISTRIBUTION) ORDER, 2000
(1) This Order may be called the Liquefied Petroleum Gas (Regulation of Supply and Distribution) 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) "Chief Controller of Explosives" shall have the same meaning assigned to it in the Explosives Act, 1884 (4 of 1884);
(b) "consumer" means a registered person, firm, company, insitutjpn, association of persons, co-operative society or organisation, who has been granted liquefied petroleum gas connection or supply, either in bulk or in cylinder, by a distributor or a Government oil company or a parallel marketeer;
(c) "cylinder" means a metal container utilized for storing liquefied petroleum gas conforming to the specifications laid down in Schedules II and III; "
(d) "delivery person" means a person engaged by a distributor of a Government Oil Company or a parallel marketeer to deliver liqu
(1) A 4[household] having a connection for liquefied petroleum gas under the public distribution system, shall not--
(a) possess more than one connection of liquefied petroleum gas granted under the public distribution system:
Provided that the Central Government or the Chief Executive Officer of a Government Oil Company, may sanction more than one connection of liquefied petroleum gas under the public distribution system in favour of any 4[household], keeping in view the difficulty and hardship experienced by such 4[household] in obtaining supplies of the LPG;
(b) possess or use liquefied petroleum gas filled in cylinder or in bulk, unless he has received the supply from a Government Oil Company or a distributor authorised by such Company;
(c) use
(1) No person shall--
(a) fill any cylinder with liquefied petroleum gas or transfer liquefied petroleum gas from one cylinder to another cylinder or from one container to another container unless authorised by the Chief Controller of Explosives;
(b) transport or store a cylinder filled with liquefied petroleum gas except in an upright position;
(c) store or use or cause to be stored or used a cylinder filled with the liquefied petroleum gas except in a cool, dry, well-ventilated and accessible place under cover, away from boilers, open flames, steam pipes or any potential source of heat;
(d) remove the seal prior to use of the cylinder:
Provided that the distributor or his authorised representative or th
No Government Oil Company, distributor or parallel marketeer shall supply, sell or distribute to a consumer liquefied petroleum gas in cylinders which contains less than or in excess of the weight of liquefied petroleum gas specified in the Schedules II and III or as indicated on the cylinder.
No person other than a Government Oil Company, a parallel marketeer or a distributor shall be engaged in the business of selling liquefied petroleum gas to the consumer.
(1) No person shall--
(a) supply or sell filled or empty cylinder, gas cylinder valve and pressure regulator to any person other than a Government Oil Company or a parallel marketeer;
(b) unless authorised by a Government Oil Company or a parallel marketeer, supply or sell filled or empty cylinder, gas cylinder valve and pressure regulator to any person other than a consumer;
(c) possess filled or empty cylinder, gas cylinder valve or pressure regulator, unless he is a distributor or a consumer.
(2) Every manufacturer of cylinder, gas cylinder valve and pressure regulator shall destroy by crushing those cylinders, cylinder valves and pressure regulators which do not conform to the Indian Standards specifications.
Every distributor shall prominently display the sTock and price of the liquefied petroleum gas at a conspicuous place of the business premises including the storage point, showing--
(i) the opening balance of filled, empty and defective cylinders and regulators;
(ii) the backlog of preceding working day of the filled cylinders to be supplied.
(a) No distributor having sTock of liquefied petroleum gas at the business premises, including storage point, shall, unless otherwise directed by a Government Oil Company or a parallel marketeer, refuse to sell LPG on any working day during working hours, to the consumer registered with that distributor.
(b) No distributor shall keep his business premises including the storage point closed during working hours on any working day without the prior written permission of the Government Oil Company or the parallel marketeer.
Explanation.--For the purposes of sub-clauses (a) and (b), the expression 'working hours' means the working hours fixed by the concerned Government Oil Company or the parallel marketeer in accordance with the provisions of the Shops and Establishments Act and the rules made thereunder, as in force in the respective State
(a) Every distributor shall maintain proper accounts of daily purchase, sale and storage of liquefied petroleum gas at the business premises indicating therein,--
(i) the opening sTock of the filled, empty and defective cylinders;
(ii) the number of filled, empty and defective cylinders received during the day;
(iii) the number of filled, empty and defective cylinders sold, delivered or otherwise disposed of during the day;
(iv) the closing sTock of the filled, empty and defective cylinders;
(v) such other relevant particulars as the concerned Government Oil Company or the parallel marketeer may by order in writing, specify.
(b) The distributor shall maintain a
(1) (a) No parallel marketeer shall commence any activity, such as importing, storing, transporting, bottling, marketing, distribution, sale or any activity incidental thereto, relating to the business of liquefied petroleum gas without obtaining a rating certificate, for his capability, infrastructure network and readiness to carry out professed business and deliver goods and services promised, provision for adequate safety backup for transportation, accident relief during transportation, and attending to emergency complaints of consumers by an agency given in Schedule IV, on the basis of its evaluation and rating.
(b) The rating certificate shall be issued in the format as specified in Schedule V, and as per the forwarding letter given in Schedule VI.
(c) The rating certificate shall,--
(i)
(a) Every parallel marketeer before commencing the import, transportation, bottling, marketing, distribution or sale of liquefied petroleum gas shall intimate to the Ministry of Petroleum and Naural Gas all or any of the above activities which he intends to undertake, specifying therein capability to do so, and any other relevant particulars.
(b) The parallel marketeer shall ensure that the quality checks are carried out and the liquefied petroleum gas meets the BIS Specification No. IS 4576, in all respects before the imported liquefied petroleum gas is discharged into the storage infrastructure at the port.
(c) The parallel marketeer shall ensure that the liquefied petroleum gas meets the BIS Specification No. IS 4576 before it is sold to any consumer.
(d) The parallel marketeer of liquefied
(1) Any Officer of the Central or the State Government not below the rank of Inspector duly authorised by a general or a special order, by the Central Government or the State Government, as the case may be or any officer of a Government Oil Company not below the rank of Sales Officer, authorised by the Central Government, may, with a view to securing due compliance of this Order or any other order made thereunder:
(a) stop and search any vessel or vehicle used or capable of being used for the transport or storage of any petroleum product,
(b) enter and search any place,
(c) seize sTocks of liquefied petroleum gas along with container and/or equipments, such as cylinders, gas cylinder valves, pressure regulators and seals in respect of which he has reason to believe that a contravention of this
The provisions of this Order shall have overriding effect nothwithstanding anything contained in any Order made by a State Government or a Union Territory Administration.
The Central Government may, if it considers necessary, for avoiding any hardship or in consideration of the public interest, by a notification in the Official Gazette, exempt any person or class of persons from all or any of the provisions of this Order, either generally or for any specific purpose, and subject to such conditions as may be specified in the notification.
The Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1993 is hereby repealed: Provided that such repeal shall not effect:
(a) the previous operation of the said Order or anything duly done or suffered therein; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Order; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Order; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment
[See Clause 3(4)]
Prohibited Activities
(for Government Oil Companies)
1. Forced sale of Stove/Hotplates to the consumers.
2. Recovery of unauthorised charges from applicant at the time of registration/ release of new connection.
3. Supply of partially used cylinder/pilfering product from cylinder/cylinders with pilfered product to LPG consumer.
4. Unauthorised and/or out of turn release of new LPG connections.
5. Unauthorised diversion of domestic cylinder for non-domestic use of LPG.
6. Acceptance of fake documents including Termination Vouchers and Transfer Termination
[see clauses 4(1) (e) and 5]
Applicable to distributors of a Government Oil Company
Standard size and specification of Liquefied Petroleum Gas Cylinders shall conform to IS 3196 (Part I), 1992 Colour code specification IS 4379 and the following:--
Internal diameter of cylinder in mm Net weight of liquefied petroleum gas in the cylinder
270 mm + 1% 5 kg + 50 gms
--0% --
314 mm + 1% 14.2 kg + 150 gms
--0% --
330.1 mm + 2% 19 kg + 1.0%
&nbs
[See Clauses 4(1)(e) and 5]
Applicable to Parallel Marketing System
A parallel marketeer under the parallel marketing system shall deal with and use :--
(a) Cylinder of any size, shape, design and weight other than those specified in Schedule 'II' conforming to Indian Standard specifications.
(b) Gas cylinder valve conforming to IS Specification 8737, Part II of any size having an outlet collar diameter of 22.0 mm.
(c) Pressure regulator conforming to IS Specification 9798 of any size and having an inlet diameter other than of 22.0 mm.
Note:
1. The cylinder used by a parallel marketeer shall be provided with a valve
SCHEDULE IV
[See Clauses 11(1)(a) and (4)]
Name and address of agencies for evaluation of a Parallel Marketeer
Name Address
1. CRISIL
(The Credit Rating Information Services of India Ltd.) Nirlon House, 2nd Floor,
254-B, Annie Besant Road,
Worli, Bombay-400 025
2. CARE
(Credit Analysis and Research Ltd.) RBC, Mahindra Towers,
5th Floor, Road No. 13, Worli,
Bombay 400 018
3. MDRA
&
[See Clause 11(1)(b)]
Rating Certificate for the Parallel Marketeer
Date of Issue:......................................
Name of Firm/Company :
Registered Office Address :
Name of Promoter/Chairman/Managing Director:
Activities:
Particular of Bankers:
Overall Rating.............................
Rating Scale
Good
Satisfactory
Low Risk
High Risk
[See Clause 11(1)(b)]
Forwarding Letter for the Certificate of Rating
To whomsoever it may concern
This is to certify that we have made an evaluation of M/s .......................................................................................................................................... for the purpose of issuing certificateand a rating to them in accordance with the provisions of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.
We have obtained all the information and explanations which to the best of our knowledge and belief were necessary for the purpose of issuing this certificate. The certificate issued by us is as a result of our examination of the documents, records and assessment of the information obt
[See Clause 11 (4)]
Pro forma of information to be submitted by the Parallel Marketeer for Evaluation/Rating by the Rating Agency
PARAMETERS DETAILS*
1. Market Standing of the Company:
A. Constitution of the firm
B. Registered office
C. Location and Addresses of existing business
D. Name of Promoters/Directors/Partners
E. Background and full anticidents of promoters/directors/partners
F. Networth of Promoters/Directors/Partners
G. Current activity
&nb
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