Orissa Kerosene Control Order, 1962
(1) This Order may be called the Orissa Kerosene Control Order, 1962.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force at once.
In this order, unless the context otherwise requires -
(a)"Collector" includes a Deputy Commissioner of a district;
1[(a-1)"Consumer" means a person, firm, company, institution, association of persons, Co-operative Society or Organisation who is authorised by the Central or State Government to use Kerosene for cooking or illumination;
2[(b)"Dealer" means a person, firm, association of persons, company, institution, organisation or a co-operative society approved by Government Oil Company or Central or State Government or a parallel marketeer and engaged in the business of buying, selling or storage for sale or distribution of Kerosene on wholesale, sub-wholesale or retail basis.
(c)"Form" means a Form appended to this Order;
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No person other than a wholesale dealer and a sub-wholesale dealer under parallel marketing system shall carry on business as a wholesale dealer or a sub-wholesale dealer within the State of Orissa except under, and in accordance with the terms and conditions of a licence granted in that behalf by the licensing authority.]
CASE LAW :
Power of licensing authority in granting licence - Effect of - Change regarding area of operation and allotment of quota of kerosene for distribution - Licensing authority's powers to make such change, discussed : Smt. Tulasi Panda v. State of Orissa, through its Secretary, Food and Civil Supplies Department, Secretariate Building, Bhubaneswar and others : AIR 2000 Ori. 103.
3.Substituted by Notfn. No. 21278 - Dt 27.7.1995 (O.G.E.No. 947 dt. 18.8.1995).
4[(1) Every licence granted under this order shall, unless revoked or expired be valid for a period of one year or more but not exceeding five years ending on the 31st day of March and may be renewed for a period of one year or more exceeding five years at a time on an application within thirty days before the date of expiry of such licence.]
1[(1-A) * * *]
2[(2) Every licensee shall, on application to the licensing authority, immediately obtain a duplicate of the licence, if the original is lost, defaced or destroyed].
3[(3) The fees chargeable in respect of each licence for a period of one year or per year shall be as specified below :
For issue of licence...Rs.600.00
For renewal of licence...Rs.300.00<
No person making an application in accordance with Clause 4 shall be refused a licence or renewal thereof -
(a)If he is an agent of an oil company and the application has been submitted to the licensing authority through such company; and
(b)In the case of any other person unless after giving the person concerned an opportunity of being heard and for reasons to be recorded in writing the licensing authority considers such person unsuitable for being granted a licence or renewal thereof; as the case may be.
(1) Any person aggrieved by an order of the licensing authority refusing to grant or renew a licence/certificate or suspending or cancelling a licence/certificate under the provisions of this order, may within thirty days from the date of receipt of the said order, file an appeal before the State Government whose decision thereon shall be final and any appeal preferred after the expiry of the aforesaid period, may be summarily rejected.
(2) No, Order shall be made by the appellate authority under this clause, unless the aggrieved person is given a reasonable opportunity of being heard.
(3) Pending disposal of the appeal, the appellate authority may direct that the order of the licensing authority, against which the appeal is preferred, shall not be acted upon until the appeal is disposed of.]
5.Substituted by Notfn. No. 969 Dt. 11.1.1
(1) No person 6[other than a retail dealer under parallel marketing system] shall carry on business as a retail dealer unless on an application accompanied with 3[requisite fee] deposited into Government through Treasury Challan in that behalf or he has been granted a certificate permitted him to carry on business as such dealer from the registering authority within thirty days from the date to be notified in that behalf by the Collector.
1[(2) Unless the Registering Authority considers the applicant].
2[(3) Every certificate granted under this order shall, unless revoked or expired be valid for a period of one year or more but not exceeding five years ending on the 31st day of March and may be renewed for a period of one year or more but not exceeding five years at a time. Every application for renewal shall be submitted to the registe
The licensing authorities shall have the power by order notified in the Gazette in respect of their respective jurisdictions -
(a)to fix the price of rate at which kerosene may be sold by dealers; and
(b)to regulate the storage, distribution and sale of Kerosene.
Provided that where the licensing authority is the Collector no such order shall be made without the previous consent of the State Government].
4.Substituted by Notfn. No. 10116 - Dt. 18.5.1966.
* * *
1.Omitted by Notfn. No. 26308 - Dt 2.12.1963.
Any dealer to whom a wholesale dealers/sub-wholesale licence or a retail dealer's certificate has been granted and who contravenes any of the provisions of this Order or any direction issued thereunder or any of the conditions of the licence shall, without prejudice to any other liability that may arise under any other law for the time being in force, be liable to have his licence or his certificate cancelled or suspended by the licensing authority or the registering authority, as the case may be:
Provided that no order cancelling or suspending the licence or the certificate shall be made without giving the dealer an opportunity of being heard and without recording the reasons for such order].
CASE LAW :
Petitioner a licence holder to deal in Kerosene oil as Sub-wholesaler - Petitioner's licen
The State Government or the licensing authority may for carrying out purposes of this Order issue any direction to any dealer with regard to all matters including the purchase, sale or storage for sale or distribution of Kerosene and the dealer shall comply with such direction
3. Substituted by Notfn. No. 14522 - Dt. 24.6.1966.
The licensing authority or any other officer 4[appointed by thee State Government in this behalf] may with such-assistance. If any as he thinks fit-
(a)require the owner, occupier or any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of any of the provisions of this Order or of the conditions of any licence issued thereunder has been, is being or is about to be committed to produce any books of accounts or their documents showing transactions relating to such contravention:
(b)enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of any of the provisions of this Order or of the conditions of any licence issued thereunder has been, is being or is about to be committed;
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Nothing contained in this Order shall apply to the Oil Companies functioning in Orissa and supplying kerosene oil to Aerodromes and Railways located in Orissa and owned by Government of India and such other institutions situated in Orissa as may be notified from time to time by the State Government in this behalf.]
2[3[SCHEDULE-I
Name of the OfficerJurisdiction
1.Inserted by Notfn. No. 28837 - Dt. 4.11.1965.
2.Substituted by Notfn. No. 21347 - Dt. 6.7.1976.
3.Omitted by Notfn. No. 15953 - Dt. 21.6.1985.
4.Inserted by SRO No. 505 - Dt. 14.7.1975.
FORM - I
[See Clause 4(4)]
Form of application for licence as a Wholesale 1[or Sub-Wholesale] dealer in Kerosene
1.Applicant's name and address
2.Applicant's place of business
3.How long the applicant has been trading in Kerosene
4.Quantity of Kerosene handled by the applicant during the past one year
(Quantity to be specified in Metric Measures)
I declare that the following quantities of Kerosene for sale are in my possession this day, and are held at the places noted against them.
Name of Place :
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FORM II
[See Clause 4(3)]
Licence granted to a Wholesale 1[or Sub-Wholesale] dealer
1.Subject to the provisions of the Orissa Kerosene Control Order, 1962, and to the terms and conditions of this licence, is/are hereby authorised to deal wholesale in Kerosene.
2.The licensee shall carry on the aforesaid business at the following places.
3.The licensee shall not store Kerosene in any place other than that specified in paragraph 2 above except with the approval of the licensing authority.
4.The licensee shall maintain a register of daily accounts showing correctly all transactions of Kerosene in his possession. It shall show.
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FORM - III
[See paragraph-5 of Form-II]
Return of stocks, receipts and deliveries of kerosene during the month of........
Name...................Licence No...................
Address.........................................................
Particulars VarietyQuantity
(1)Stock at the beginning of the month
(2)Quantities received during the month
Name of suppliers
Total items (1) and (2)
(3)Quantities delivered or otherwise removed
during th
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