BIHAR MOTOR SPIRIT AND HIGH SPEED DIESEL OIL DEALERS· LICENSING ORDER, 1966
.-(1) This Order may be called the Bihar Motor Spirit and High Speed Diesel Oil Dealers' Licensing Order, 1966.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force with effect from the 11 th July, 1966.
In this Order, unless there is anything repugnant in the subject or context.-
(a) "Controller" means an officer appointed by the State Government to perform the functions and duties of a Controller under the provisions of this Order;
[s.o.118, dated the 9th February, 1974.-ln accordance with the provisions contained In sub-clause (a) of clause 2 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers' Licensing Order, 1966, and in supersession of all previous orders on the subject the Governor of Bihar is pleased to appoint the State Transport Commissioner, Bihar, Patna to perform the functions and discharge the duties of Controller under the provisions of the said Order with immediate effect.]
(b) "Dealer" means a person carrying on business in the purchase, sale or storage for sale or di
No person including oil company shall carry on business as a dealer of motor spirit or high speed diesel oil except in accordance with the terms and conditions of licence issued in this behalf by the licensing authority.
Every application for grant of a licence to carry on business as a dealer shall be made to the licensing authority in Form I by an oil company and in Form III by any other dealer.
.-(1) The Licensing Authority may, on receipt of an application under clause 4, if he finds that the application is in order and is satisfied that the applicant is fit to hold the licence, grant to the application a licence in Form II or Form IV, as the case may be, which shall be subject to the conditions specified therein.
(2) The licensing authority may, for sufficient reason, issue a duplicate licence on payment of the fee prescribed in this behalf. The duplicate licence shall bear the word Duplicate on it, at the top in bold capital letters. .
2[(3) Every licence issued under this Order shall be valid from the' date of issue till the 31 st day of December of the year in which it is issued and may thereafter be renewed for a further period of one year at a time.' Application for renewal of licence shall ordinarily be made before the
The licensing authority may, after giving the dealer concerned an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a licence.
.-(1) No person other than a licensee shall keep or store in any premises occupied by him or permit any oth6r person to keep or store in any such premises a quantity exceeding 27.27litres (6 gallons) of Motor Spirit and 400 litres (two barrel) of high speed diesel oil otherwise than in the tank of a motor vehicle unless he has obtained a written permission from the District Transport Officer or such Superintendent of Police, who is authorised to perform the duties and discharge the functions of District Transport Officer, within the limits of whose jurisdiction· the motor spirit or high speed diesel oil is kept or stored, authorising him to do so.
(2) No dealer shall supply exceeding 27.27litres (6 gallons) of motor spirit and 400 litres (two barrel) of high speed diesel oil to any person in tin or barrel without a written permission of the licensing authority of the area concerned
(1) No holder of licence issued under this Order shall contravene any of the provisions of this Order or any condition of the licence or any direction issued thereunder, and if he does so, then without prejudice to any other action that may be taken against him, his licence may be cancelled or suspended by order in writing of the Licensing Authority:
Provided that no order shall be made under this clause unless the licensee has been given a reasonable opportunity of stating his case in writing against the proposed cancellation or suspension.
(2) State Government may without giving any previous notice and without assigning any reasons suspend or cancel any licence issued under this Order.
.-(1) Any person aggrieved by any order of the Licensing Authority refusing to issue or renew a licence or cancelling or suspending a licence under the provisions of this Order may appeal within 30 days of the date of the receipt by him of such order-
1[(i) to the State Transport Commissioner, Bihar where the Licensing authority is the District Transport Officer or the Superintendent of Police or Special Officer, Transport Department authorised to perform the duties and functions of District Transport Officer;]
1. Subs. by G.S.R. 5 dated 25.1.1977.
(ii) to the State Government, where the licensing authority is the Controller;
and subject to the result of such appeal, the order of the Licensing Authority shall be final.
.-(1) The licensing authority may by order regulate the distribution, disposal, sale, use and consumption of motor spirit or high speed diesel oil within his jurisdiction subject to any general or special orders of the State Government in this behalf.
[s.o.1007 dated, the 30th July, 1973.-ln pursuance of clause 10 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers' Licensing Order, 1966, the realisation of service cum-operational charge .at the rate of 2 paise per litre or any other charge of like nature, in addition to price fixed for petrol and diesel oil, by the oil companies or their pump-holders or dealers is hereby prohibited with effect from the 1st August, 1973 and any violation of this Order shall make the oil companies, their retail pump-holders or dealers liable to action under clause 8 of the Order in addition to the penalty under section 7 of the Essential Com
Every dealer of light diesel oil shall cause to be prominently displayed a special board to be maintained for this purpose at or near the entrance of the place of sale:-
(a) the stocks of light diesel oil held by him from time to time and ready for delivery;
(b) the declared price of light diesel oil and
(c) the price at which he proposes to sell light diesel oil.]
1. Ins. by G.S.R. 134, dated 4.9.1973.
Withholding from sale.-No dealer shall unless previously authorised by the licensing authority, withhold from sale or refuse to sell motor spirit or high speed diesel oil to any person.
.-(1 )The State Transport Commissioner, Bihar, Additional State Transport Commissioner, Bihar Deputy State Transport Commissioner, Bihar, Special Officer, Incharge Tyre Rationing,Transport Department, Bihar, Deputy Transport Commissioner of the Division, Assistant Transport Commissioner of the Division, District Transport Officer, District Magistrate, Subdivisional Magistrate, Magistrate, Superintendent of Police, Deputy Superintendent of Police, other Police Officer not below the rank of Dupty Superintendent of Police or any other person authorised in this behalf by the State Government, viz., with such assistance as he may think fit
(a) require the owner, occupier or any other person incharge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order or of conditions of any licence issued thereunder has been
The State Government may, by a special or general order, exempt, subject to such conditions as may be specified in the order, any person or class of persons, from the operation of all or any of the provisions of this Order and may at any time suspend or cancel such exemption.
FORM II
Form of application by person other than an oil company for licence as a dealer in motor spirit or high speed diesel oil or renewal of such licence.
[See Clause 4 of the Order]
1. Applicant's name, parentage and
address........................
2. If the application is made on behalf of a firm or an incorporated company, the trading name...............
3. Name and addresses of all partners or Directors, as the case may be
4. Applicant's place of business...............
5. Name of the oil company which has appointed the applicant.............
&n
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
