AGRICULTURAL PRODUCE (GRADING AND MARKING) ACT 1937 (2)
EmailTHE AGRICULTURAL PRODUCE (GRADING ANDMARKING) ACT, 1937
ACT No. 1 OF 1937
24th February, 1937
An Act to provide for the grading andmarking of agricultural 1 [and other] produce.
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1.Inserted by the Agricultural Produce(Grading and Marking) (Amendment) Act, 1942 (13 of 1942), S.2(w.e.f.24-2-1937).
WHEREAS it is expedient to provide for thegrading and marking of agricultural 1 [and other] produce;
It is hereby enacted as follows: –
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1. Inserted by the Agricultural Produce(Grading and Marking) (Amendment) Act, 1942 (13 of 1942), S.2(w.e.f.24-2-1937).
1.Short title and extent: (1) This Act maybe called The Agricultural Produce (Grading and Marking) Act, 1937.
1 [(2) It extends 2 [ ] to the whole of India 3 [*].]
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1. Substituted and amended successively byA.C.A.O., 1948, A.L.O., 1950 and the Part B States (Laws) Act, 1951 (3 of1951), S.3 and Schedule.
2. Extended to the Union Territories ofDadra and Nagar Haveli, Pondicherry and Goa, Daman and Diu – Refer Dadra andNagar Haveli (Laws) Regulation, 1963 (6 of 1963), S.2 nd Sch.I (1-7-1965);Pondicherry (Laws) Regulation, 1963 (7 of 1963), Ss.2, 3 (1-10-65) andG.S.R.679, Gaz.of Ind., 8-5-65, Pt.II, S.3 ( i ), p.742 reproduced in Goa Gaz.,13-5-65, Sr.I, p.63, respectively. Goa is now a State – Refer Goa, Daman and Diu Reorganisation Act (18 of 1987), S.3 (30-5-1987).
3. Words "except the State of Jammu and Kashmir" were omitted by Act 25 of 1960. Sec.2 (27-8-1960).
2.Explanations: In this Act, unless thecontrary appears from the subject or context:
(a) "agricultural produce"includes all produce of agriculture or horticulture and all articles of food ordrink wholly or partly manufactured from any such produce, and fleeces and theskins of animals;
(b) "counterfeit" has the meaningassigned to that word by section 28 of the Indian Penal Code;
(c) "covering" includes anyvessel, box, crate , wrapper, tray or other container;
(d) "grade designation" means adesignation prescribed as indicative of the quality of any scheduled article;
(e) "grade designation mark"means a mark prescribed as representing a particular grade designation;
(f) "quality", in relation to anyarticle includes the state and condition of the article.
(g) "prescribed" means prescribedby rules made under this Act;
(h) "scheduled article" means anarticle included in the Schedule ; 1 [*]
(i) an article is said to be marked with agrade designation mark, if the article itself is marked with a gradedesignation mark or any covering containing or label attached to such articleis so marked;
1 [(j) an article is said to be misgradedif,-
(i) the article is not of the qualityprescribed for the grade designation with which it is marked;
(ii) the composition of the article offeredfor grading is altered in any way after a sample has been drawn for analysisand determination of the grade designation of the article in accordance withthe rules made under this Act;
(iii) the article is tampered with in anymanner; and
(iv) any false claim is made for thequality prescribed for its grade designation, upon the label or throughadvertisement or in any other manner.]
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1. The word "and" occurring atthe end of clause (h) omitted and cl.(j) inserted by the Agricultural Produce(Grading and Marking) (Amendment) Act (76 of 1986), S.2 (15-4-1987).
3.Prescription of grade designation: 1[(1)] The Central Government may, after previous publication by notification inthe Official Gazette, 2 [make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice tothe generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely:-]
(a) fixing grade designations to indicatethe quality of any scheduled article;
(b) defining the quality indicated byevery grade designation ;
(c) specifying grade designation marks torepresent particular grade designations ;
(d) authorising the person or a body ofpersons, subject to any prescribed conditions, to mark with a gradedesignation mark any article in respect of which such mark has beenprescribed or any covering containing or label attached to any such article;
(e) specifying the conditions referred toin clause (d) including in respect of any article conditions as to the mannerof marking, the manner in which the article shall be packed, the type ofcovering to be used, and the quantity by weight, number or otherwise to beincluded in each covering:
(f) providing for the payment of anyexpenses incurred in connection with the manufacture or use of any implementnecessary for the reproduction of a grade designation mark or with themanufacture or use of any covering or label marked with a grade designationmark 3 [or with measures for the control of the quality of articles markedwith grade designation marks including testing of samples and inspection ofsuch articles or with any publicity work carried out to promote the sale ofany class of such articles;] 4 [*]
(g) providing for the confiscation anddisposal of produce marked otherwise than in accordance with the prescribedconditions with the grade designation mark;
4[(h) any other matter which is required tobe, or may be, prescribed.]
1 [5[(3)] Every rule made by the CentralGovernment under this Act shall be laid, as soon as may be after it is made,before each House of Parliament, while it is in session, for a total period ofthirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses agree in making anymodification in the rule or both Houses agree that the rule should not be made,the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that
any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that rule.]
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1. Section 3 renumbered as sub-section (1)and after sub-section (1) as so renumbered, sub-section (2) [now sub-section(3) – [See F.N.5] inserted by the Delegated Legislation Provisions (Amendment)Act (20 of 1983), S.2, Sch.(15-3-1984).
2. Substituted for the words "makerules -" by the Agricultural Produce (Grading and Marking) (Amendment) Act(76 of 1986), S.3 (15-4-1987).
3. Inserted by the Agricultural Produce(Grading and Marking) (Amendment) Act (20 of 1943), S.2 (13-8-1943).
4. Word "and" occurring at theend of cl.(f) omitted, and cl.(h) inserted by the Agricultural Produce (Gradingand Marking) (Amendment) Act (76 of 1986), S.3 (15-4-1987).
5. Sub-section (2) as inserted by Act 20 of1983, renumbered as sub-section (3), ibid, S.3 (15-4-1987).
1 [3A.Powers of entry, inspection andsearch: (1) Any officer of the Central Government or a State Government or anyauthority, being an officer of a gazetted rank or of equivalent rank,authorised by the Central Government may, if he has reason to believe that anyprovision of this Act or the rules made thereunder has been, or is being,contravened, enter any premises at any reasonable time and make necessaryinspection of, and search for, the agricultural produce in relation to whichsuch contravention has been, or is being, made.
(2) Every authorisation made undersub-section (1) shall be deemed to be a warrant referred to in Section 93 ofthe Code of Criminal Procedure, 1973.
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1. Sections 3-A and 3-B inserted by theAgricultural Produce (Grading and Marking) (Amendment) Act (76 of 1986), S.4(15-4-1987).
3B.Powers of the authorised officer toseize agricultural produce: (1) An officer authorised under sub-section (1) ofSection 3-A may seize and detain any agricultural produce in relation to whichan offence under this Act or the rules made thereunder is being, or appears tohave been, committed, or which is intended or likely to be used in thecommission of such offence:
Provided that where any agriculturalproduce seized under this sub-section is subject to speedy or natural decay,the officer so authorised may dispose of such produce in such manner as may beprescribed.
(2) The provisions of Section 102 of theCode of Criminal Procedure, 1973 shall apply to every seizure made under thissection.]
4.Penalty for unauthorised marking withgrade designation mark: Whoever marks any scheduled article with a gradedesignation mark, not being authorised to do so by rule made under section 3,shall be punishable 1 [with imprisonment for a term not exceeding six monthsand fine not exceeding five thousand rupees.]
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1. Substituted for the words "withfine which may extend to five hundred rupees" by the Agricultural Produce(Grading and Marking) (Amendment) Act, (76 of 1986), S.5 (15-4-1987).
5.Penalty for counterfeiting gradedesignation mark: Whoever counterfeits any grade designation mark or has in hispossession any die, plate or other instrument for the purpose of counterfeitinga grade designation mark shall be punishable 1[with imprisonment for a term notexceeding three years and fine not exceeding five thousand rupees.]
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1. Substituted for the words "withimprisonment which may extend to two years, or with fine, or with both" bythe Agricultural Produce (Grading and Marking) (Amendment) Act (76 of 1986),S.6 (15-4-1987).
1 [5A.Penalty for selling misgradedarticles: Whoever sells any scheduled article which is misgraded shall bepunishable with imprisonment for a term not exceeding six months and fine notexceeding five thousand rupees.
5-B.Power to prescribe compulsory gradedesignations in respect of certain articles: (1) Where the Central Governmentis of opinion that it is necessary in the public interest or for the protectionof consumers that any scheduled article or class of articles shall not be soldor distributed except after such article or class of articles is marked withthe grade designation mark, it may, by notification in the Official Gazette, makea declaration to that effect.
(2) Any notification issued undersub-section (1) shall specify the area or areas in relation to which thenotification shall have effect.
(3) Where a notification under sub-section(1) is issued in respect of any area or areas, no person shall sell or offer tosell or distribute or offer to distribute any scheduled article or classthereof in the area or areas except in accordance with the provisions of thisAct or the rules made thereunder.
(4) Whoever contravenes the provisions ofthis section shall be punishable with imprisonment for a term not exceeding sixmonths and fine not exceeding five thousand rupees.
5-C.Institution of prosecution: No courtshall take cognizance of an offence punishable under this Act except upon acomplaint in writing made by-
(a) the Central Government or the StateGovernment or any officer authorised by it in writing; or
(b) the person aggrieved; or
(c) a recognised consumer association,whether the person aggrieved is a member of that association or not
Explanation: – For the purposes of thissection, "recognised consumer association" means a Voluntary consumerassociation registered under the Companies Act, 1956 or any other law for thetime being in force.]
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1. Sections 5-A, 5-B and 5-C inserted bythe Agricultural Produce (Grading and Marking) (Amendment) Act (76 of 1986),S.7 (15-4-1987).
6.Extension of application of Act: TheCentral Government, after such consultation as it thinks fit of the interestslikely to be affected, may by notification in the Official Gazette declare thatthe provisions of this Act shall apply to an article 1 [] of agriculturalproduce not included in the schedule 2 [or to an article other than an articleof agricultural produce] and on the publication of such notification sucharticle shall be deemed to be included in the Schedule.
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1. Applied to Mushrooms and poppy seed byS.O.2678, G.I.21-9-63, Pt.II, S.3 (ii), p.3415 and S.O.2893 G.I., 12-10-1963,Pt.II, S.3 (ii), p.3697; to soyabeans and Hay and buffalo hair by S.O.Nos.4661,4878, 4879 – See Gaz.of Ind., 1969, Pt.II, S.3 (ii), pp. 5103 & 5311 tocattle feeds and poultry feeds by S.O.4065 – See Gaz.of Ind., 1972, Pt.II, S.3(ii), p.5565; cocoa beans and their powder – Gaz.of Ind., 2-1-1982, Pt.II, S.3( i ), p.43.
2. Inserted by the Agricultural Produce(Grading and Marking) (Amendment) Act (13 of 1942), S.3 (w.e.f.24-2-1937).
THE SCHEDULE
(See section 2)
1.Fruit
2.Vegetables
3.Eggs
(g) specifying the nature, situation andcondition of all receptacles in which petroleum may be stored;
(h) prescribing the form and conditions oflicences for the import of 3 [petroleum Class A], and for the transport orstorage of any petroleum, the manner in which applications for such licencesshall be made, the authorities which may grant such licences and the fees whichmay be charged for such licences;
(i) determining in any class of caseswhether a licence for the transport of petroleum shall be obtained by theconsignor, consignee or carrier;
(j) providing for the granting of combinedlicences for the import, transport and storage of petroleum, or for any two ofsuch purposes;
(k) prescribing the proportion in which anyspecified poisonous substance may be added to petroleum, and prohibiting theimport transport or storage of petroleum in which the proportion of anyspecified poisonous substance exceeds the prescribed proportion; and
(l) generally, providing for any matterwhich in 4 [its] opinion is expedient for proper control over the import,transport and storage of petroleum 5 [including the charging of fees for anyservices rendered in connection with the import, transport and storage ofpetroleum].
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1. Substituted by the A. O. 1937.
2. For the Petroleum Rules, 1937, referGazette of India, 1937, Part I, pp.720 -775.
3. Substituted for the words "anydangerous petroleum" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 5 (a) (w. e. f. 1-8-1976).
4. Substituted for the word "his"by the A. O. 1937.
5. Inserted by the Petroleum (Amendment)Act, 1970 (24 of 1970) Section 5 (b) (w. e. f. 1-8-1976).
5.Production, refining and blending ofpetroleum: (1) No one shall produce, refine or blend petroleum save inaccordance with the rules made under sub-section (2).
(2) The 1 [Central Government] may makerules 2 –
(a) prescribing the conditions subject towhich petroleum may be produced, refined or blended; and
(b) regulating the removal of petroleumfrom places where it is produced, refined or blended and preventing the storagetherein and removal therefrom, except as 3 [petroleum Class A], of anypetroleum which has not satisfied the prescribed tests.
(3) 4 [*]
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1. Substituted by the A. O. 1937.
2. For the Petroleum Rules, 1937, referGazette of India, 1937, Part I, pp.720 -775.
3. Substituted for the words "anydangerous petroleum" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 6 (w. e. f. 1-8-1976).
4. Sub-section (3) repealed by the A.O.1937.
6.Receptacles of dangerous petroleum toshow a warning: All receptacles containing 1 [petroleum Class A] shall have astamped, embossed, painted or printed warning, either on the receptacle itselfor, where that is impracticable, displayed near the receptacle, exhibiting inconspicuous characters the words "Petrol" or "MotorSpirit", or an equivalent warning of the dangerous nature of thepetroleum:
Provided that this section shall not applyto –
(a) any securely stoppered glass, stonewareor metal receptacle of less than 2 [ten litres] capacity containing 1[petroleumClass A] which is not for sale, or
(b) a tank incorporated in a motorconveyance, or attached to an internal combustion engine, and containingpetroleum intended to be used to generate motive power for the motor conveyanceor engine, or
(c) a pipe-line for the transport ofpetroleum, or
(d) any tank which is wholly under ground,or
(e) any class of receptacles which theCentral Government may, by notification 3 in the Official Gazette, exempt fromthe operation of this section.
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1. Substituted for the words "anydangerous petroleum" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 7 (a) (w. e. f. 1-8-1976).
2. Substituted for the words "twogallons" by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 7 (b)(w. e. f. 1-8-1976).
3. For notification exempting tanks withininstallations or refineries or near oil wells, and receptacles in thepossession of Armed forces, refer Gazette of India, 1937, Part I, p.632.
1 [7.No licences needed for transport orstorage of limited quantities of petroleum Class B or petroleum Class C:Notwithstanding anything contained in this Chapter, a person need not obtain alicence for the transport or storage of-
(i) petroleum Class B if the total quantityin his possession at any one place does not exceed two thousand and fivehundred litres and none of it is contained in a receptacle exceed one thousandlitres in capacity; or
(ii) petroleum Class C if the total quantityin his possession at any one place does not exceed forty-five thousand litresand such petroleum is transported or stored in accordance with the rules madeunder section 4.
8.No licence needed for import, transportor storage of small quantities of petroleum Class A: (1) Notwithstandinganything contained in this Chapter, a person need not obtain a licence for theimport, transport or storage of petroleum Class A not intended for sale if thetotal quantity in his possession does not exceed thirty litres.
(2) Petroleum Class A possessed without alicence under this section shall be kept in securely stoppered receptacles ofglass, stoneware or metal which shall not, in the case of receptacles of glassor stoneware, exceed one liter in capacity or, in the case of receptacles ofmetal, exceed twenty-five litres in capacity.]
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1. Sections 7 and (8) substituted for theoriginal Sections by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 8(w. e. f. 1-8-1976).
9.Exemptions for motor conveyances andstationary engines: (1) The owner of a motor conveyance, who complies with therequirements of the law for the time being in force relating to theregistration and licensing of such conveyance and its driver or pilot and theowner of any stationary internal combustion engine shall not be required toobtain a licence –
(a) for the import, transport or storage ofany petroleum contained in any fuel tank incorporated in the conveyance orattached to the internal combustion engine, or
(b) for the transport or storage of 1[petroleum Class A], not exceeding twenty gallons in quantity in addition toany quantity possessed under clause (a),
Provided the petroleum is intended to beused to generate motive power for the motor conveyance or engine:
2 [Provided further that the total quantityof 1 [petroleum Class A] which may be stored without a licence under clause (b)shall not exceed 3 [one hundred litres], notwithstanding that such owner maypossess other motor conveyances or engines.]
(2) 4 [Petroleum Class A] transported orstored without a licence 5 [under clause (b) of sub-section (1)] shall be keptas provided in sub-section (2) of section 8, and, if it exceeds 6 [thirtylitres] in quantity, shall be stored in an isolated place which does notcommunicate with any room where any person resides or works or in any roomwhere persons assemble.
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1. Substituted for the words "anydangerous petroleum" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 9 (a) (i) (w. e. f. 1-8-1976).
2. The second proviso inserted by thePetroleum Amendment Act, 1940 (25 of 1940), Section 2.
3. Substituted for the words "twentygallons" by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 9 (a)(ii) (w. e. f. 1-8-1976).
4. Substituted for the words "Thedangerous petroleum" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 9 (b) (i) (w. e. f. 1-8-1976).
5. Inserted by Petroleum Amendment Act,1940 (25 of 1940), Section 2.
6. Substituted for the words "six gallons"by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 9 (b) (ii) (w. e.f. 1-8-1976).
10.No licence needed by railwayadministration acting as carrier: Notwithstanding anything contained in thisChapter, a railway administration, as defined in section 3 of the 1 IndianRailways Act, 1890 (9 of 1890), need not obtain any licence for the import ortransport of any petroleum in its possession in its capacity as carrier.
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1. Now refer Railway Act, 1989 (24 of1989).
1 [11.Exemption of heavy oils: Nothing inthis Chapter shall apply to any petroleum which has its flash-point not belowninety-three degrees Centigrade.]
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1. Substituted for the original Section 11by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 10 (w. e. f.1-8-1976).
12.General power of exemption: The 1[Central Government] may, by notification 2 in the official Gazette, exempt anypetroleum specified in the notification from all or any of the provisions ofthis Chapter.
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1. Substituted by the A. O. 1937.
2. For instance of such a notification,refer Gazette of India, 1937, Part I, p.632.
13.Inspection of places: (1) The 1 [CentralGovernment] may authorize 2 any officer by name or by virtue of office to enterany place where petroleum is being imported, stored, produced, refined orblended, or is under transport, and inspect all receptacles, plant andappliances used in connection with petroleum in order to ascertain if they arein accordance with the provisions of this Chapter and the rules madethereunder.
(2) The Central Government may make rulesregulating the procedure of officers authorized under this section.
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1. Substituted by the A. O. 1937.
2. For instance of such authorization,refer Gazette of India, 1937, Part I, p.631.
CHAPTER II
THE TESTING OF PETROLEUM
14.Inspection and sampling of petroleum:(1) The 1 [Central Government] may, by notification in the Official Gazette,authorize 2 any officer by name or by virtue of office to enter any place wherepetroleum is being imported, transported, stored, produced, refined or blendedand to inspect and take samples for testing of any petroleum found therein.
(2) The 1 [Central Government] may makerules 3 –
(a) regulating the taking of samples ofpetroleum for testing,
(b) determining the cases in which paymentshall be made for the value of samples taken, and the mode of payment, and
(c) generally, regulating the procedure ofofficers exercising powers under this section.
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1. Substituted by the A. O. 1937.
2. For instance of such authorization,refer Gazette of India, 1937, Part I, p.631.
3. For the Petroleum Rules, 1937, referGazette of India, 1937, Part I, pp.720 -775.
15.Standard Test Apparatus: (1) A standardapparatus for determining the 1 [flash-point] of petroleum shall be depositedwith an officer to be appointed in this behalf by the 2 [Central Government],by notification in the Official Gazette.
(2) Such apparatus shall be engraved withthe words "Standard Test Apparatus", and shall be verified andcorrected from time to time and replaced when necessary, in accordance withrules made under section 21.
(3) The Standard Test Apparatus shall, onpayment of the prescribed fee, be open to inspection at all reasonable times byany person wishing to inspect it.
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1. Substituted for the words"flashing-point" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 11 (w. e. f. 1-8-1976).
2. Substituted by the A. O. 1937.
16.Certification of other testapparatus:(1) The officer appointed under section 15 shall, on payment of theprescribed fee, if any, compare with the Standard Test Apparatus any apparatusfor determining the 1 [flash-point] of petroleum which may be submitted to himfor this purpose.
(2) If any apparatus is found by him toagree with the Standard Test Apparatus within prescribed limits, the officershall engrave such apparatus with a special number and with the date of thecomparison, and shall give a certificate in respect of it in the prescribedform, certifying that on the said date the apparatus was compared with theStandard Test Apparatus and was found to agree with it within the prescribedlimits, and specifying any corrections to be made in the results of testscarried out with the apparatus.
(3) A certificate granted under thissection shall be valid for such period as may be prescribed.
(4) A certificate granted under thissection shall, during the period for which it is valid, be proof, until the contraryis proved, of any matter stated therein.
(5) The officer shall keep a register inthe prescribed form of all certificates granted by him under this section.
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1. Substituted for the words"flashing-point" by the Petroleum (Amendment) Act, 1970 (24 of 1970)Section 12 (w. e. f. 1-8-1976).
17.Testing officers: The Central Governmentmay authorize any officer by name or by virtue of office to test petroleum ofwhich samples have been taken under this Act, or which may have been submittedto him for test by any person, and to grant certificates of the results of suchtests.
18.Manner of test: All tests of petroleummade under this Act shall be made with a test apparatus in respect of whichthere is a valid certificate under section 16, shall have due regard to anycorrection specified in that certificate, and shall be carried out inaccordance with rules made under section 21.
19.Certificate of testing: (1) 1 [(1) Thetesting officer after testing samples of petroleum shall make out a certificatein the prescribed form, stating whether the petroleum is petroleum Class A orpetroleum Class B or petroleum Class C, and if the petroleum is petroleum ClassB or petroleum Class C, the flash-point of the petroleum.]
(2) The testing officer shall furnish theperson concerned, at his request, with a certified copy of the certificate, onpayment of the prescribed fee, and such certified copy may be produced in anyCourt in proof of the contents of the original certificate.
2 [(3) A certificate given under thissection shall be admitted as evidence in any proceedings which may be takenunder this Act in respect of the petroleum from which the samples were taken,and shall, until the contrary is proved, be conclusive proof, that thepetroleum is petroleum Class A or petroleum Class B or petroleum Class C, and,if the petroleum is petroleum Class B or petroleum Class C, of itsflash-point.]
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1. Substituted for the original Sub-section(1) by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 13 (a) (w. e.f. 1-8-1976).
2. Substituted for the original Sub-section(3) by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 13 (b) (w. e.f. 1-8-1976).
20.Right to require re-test: (1) The ownerof any petroleum, or his agent, who is dissatisfied with the result of the testof the petroleum may, within seven days from the date on which he receivedintimation of the result of the test, apply to the officer empowered undersection 14 to have fresh samples of the petroleum taken and tested.
(2) On such application and on payment ofthe prescribed fee, fresh samples of the petroleum shall be taken in thepresence of such owner or agent or person deputed by him, and shall be testedin the presence of such owner or agent or person deputed by him.
(3) If, on such re-test, it appears thatthe original test was erroneous, the testing officer shall cancel the originalcertificate granted under section 19, shall make out a fresh certificate, andshall furnish the owner of the petroleum, or his agent, with a certified copythereof, free of charge.
21.Power to make rules regarding tests: The1 [Central Government] may make rules –
(a) for the specification, verification,correction and replacement of the Standard Test Apparatus;
(b) prescribing fees for the inspection ofthe Standard Test Apparatus;
(c) regulating the procedure in comparing atest apparatus with the Standard Test Apparatus;
(d) prescribing the form of certificate tobe given in respect of a test apparatus so compared, and the period for whichsuch certificates shall be valid;
(e) prescribing the form of the register ofsuch certificates;
(f) prescribing fees for comparing a testapparatus with the Standard Test Apparatus;
(g) regulating the procedure of testing officersin carrying out tests of petroleum, providing for the averaging of resultswhere several samples of the same petroleum are tested, and prescribing thevariations from standard temperatures which may be allowed;
(h) prescribing the form of certificates oftests of petroleum and the fees which may be charged therefor;
(i) providing, where the results of thetesting of samples raise a doubt as to the uniformity of the quality of thepetroleum in any lot under test, for the division of the lot into sub-lots, andfor the selection and, testing of samples of each sub-lot and for the averagingof results in accordance with the results of tests of those samples;
(j) prescribing fees for re-tests undersection 20 and providing for their refund where the original test waserroneous; and
(k) generally, regulating the procedure ofall officers performing duties connected with the testing of petroleum, andproviding for any matter incidental to such testing.
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1. Substituted by the A. O. 1937.
22.Special rules for testing viscous orsolid forms of petroleum: The 1 [Central Government] may also make rulesproviding specially for the testing of any form of petroleum which is viscousor solid or contains sediment or thickening ingredients, and such rules maymodify or supplement any of the provisions of this Chapter or of the rules madeunder section 21 in order to adapt them to the special needs of such tests.
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1. Substituted by the A. O. 1937.
CHAPTER III
PENALTIES AND PROCEDURE
23.General penalty for offences under thisAct: (1) Whoever –
(a) in contravention of any of theprovisions of Chapter I or of any of the rules made thereunder, imports,transports, stores, produces, refines or blends any petroleum, or
(b) contravenes any rule made under section4 or section 5, or
1 [(c) being the holder of a licence issuedunder section 4 or a person for the time being placed by the holder of suchlicence in control or in charge of any place where petroleum is being imported orstored, or is under transport, contravenes any condition of such licence orsuffers any condition of such licence to be contravened, or]
(d) being for the time being in control orin charge of any place where petroleum is being imported, stored, produced,refined or blended or is under transport, refuses or neglects to show to anyofficer authorized under section 13 any receptacle plant or appliance used insuch place in connection with petroleum, or in any way obstructs or fails torender reasonable assistance to such officer during an inspection, or
(e) being for the time being in control orin charge of any place where petroleum is being imported, transported, stored,produced, refined or blended, refuses or neglects to show to any officerauthorized under section 14 any petroleum in such place, or to give him suchassistance as he may require for the inspection of such petroleum, or refusesto allow him to take samples of the petroleum, or
(f) being required, under section 27, togive information of an accident, fails to give such information as so requiredby that section,
shall be punishable 2 [ with simpleimprisonment which may extend to one month, or with fine which may extend toone thousand rupees, or with both].
(2) If any person, having been convicted ofan offence punishable under sub-section (1), is again guilty of any offencepunishable under that sub-section, he shall be punishable for every suchsubsequent offence 3 [with simple imprisonment which may extend to threemonths, or with fine which may extend to five thousand rupees, or with both].
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1. Substituted for the original clause (c)by the Petroleum Amendment Act, 1941 (3 of 1941), Section 2.
2. Substituted for the words "withfine which may extend to five hundred rupees" by the Petroleum (Amendment)Act, 1970 (24 of 1970) Section 14 (a) (w. e. f. 1-8-1976).
3. Substituted for the words "withfine which may extend to two thousand rupees" by the Petroleum (Amendment)Act, 1970 (24 of 1970) Section 14 (b) (w. e. f. 1-8-1976).
24.Confiscation of petroleum andreceptacles: (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, theconvicting Magistrate may direct that –
(a) the petroleum in respect of which theoffence has been committed, or
(b) where the offender is convicted ofimporting, transporting or storing petroleum exceeding the quantity he ispermitted to import, transport or store, as the case may be, the whole of thepetroleum in respect of which the offence was committed,
shall, together with the receptacles inwhich it is contained, be confiscated.
(2) This power may also be exercised by theHigh Court in the exercise of its appellate or revisional powers.
25.Jurisdiction: Offences punishable underthis 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 thesecond class who has been specially empowered by the 1[Central Government] inthis behalf.
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1. Substituted by the A.O.1937.
26.Power of entry and search: (1) The 1[Central Government] may, by notification in the official Gazette, authorizeany officer by name or by virtue of office to enter and search any place wherehe has reason to believe that any petroleum is being imported, transported,stored, produced, refined or blended otherwise than in accordance with theprovisions of this Act and the rules made thereunder, and to seize, detain orremove any or all of the petroleum in respect of which in his opinion anoffence under this Act has been committed.
(2) The provisions of the 2 [Code ofCriminal Procedure, 1973 (2 of 1974)], relating to searches shall, so far asthey are applicable, apply to searches by officers authorized under thissection.
(3) The Central Government may make rulesregulating the procedure of authorized officers in the exercise of their powersunder this section subject, however, to the provisions of sub-section (2).
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1. Substituted by the A.O.1937.
2. Substituted for the words and figures"Code of Criminal Procedure, 1898" by the Petroleum (Amendment) Act,1977 (31 of 1977) Section 2.
1 [27.Notice of accidents with petroleum:Whenever there occurs in or about, or in connection with, any place in whichpetroleum is refined, blended or kept, or any carriage or vessel eitherconveying 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 petroleumof petroleum vapour attended with loss of human life or serious injury toperson or property, or of a description usually attended with such loss orinjury, the occupier of the place or the person for the time being in charge ofthe petroleum or the person in charge of the carriage or the master of thevessel, as the case may be, shall, within such time and in such manner as maybe prescribed, give notice thereof and of the attendant loss of human life, orinjury to person or property, if any, to the nearest Magistrate or to theofficer in charge of the nearest police station and to the 2 [Chief Controllerof Explosives].]
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1. Substituted for the original Section 27by the Petroleum (Amendment) Act, 1970 (24 of 1970) Section 15 (w. e. f.1-8-1976).
2. Substituted for the words "ChiefInspector of Explosives in India" by the Petroleum (Amendment) Act, 1977(31 of 1977) Section 3 (w. e. f. 12-8-1977).
28.Inquiries into serious accidents withpetroleum: (1) The inquiry mentioned in section 176 of the 1 [Code of CriminalProcedure, 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 caseswhere any person has been killed by an accident which the Magistrate has reasonto believe was the result of the ignition of petroleum or petroleum vapour.
(2) Any Magistrate empowered to hold aninquest may also hold an inquiry under the said section into the cause of anyaccident which he has reason to believe was the result of the ignition ofpetroleum or petroleum vapour, if such accident was attended by serious injuryto 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 Magistrateempowered to hold an inquest.
(4) The result of all inquiries held inpursuance of this section 7 [and of any inquiry held by a coroner in a case towhich sub-section (1) refers] shall be submitted as soon as may be to the 8[Central Government], 9 [the 10 [Chief Controller of Explosives] and the StateGovernment].
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1. Substituted for the words and figures"Code of Criminal Procedure, 1898" by the Petroleum (Amendment) Act, 1977(31 of 1977) Section (4) (i).
2. Inserted by the Petroleum Amendment Act,1940 (25 of 1940), Section 3.
3. Substituted for the words "thissection" by the Petroleum Amendment Act, 1940 (25 of 1940), Section 3.
4. Substituted for the words "this section"by Petroleum Amendment Act, 1940 (25 of 1940), Section 3.
5. The words "in aPresidency-town" omitted by the Petroleum (Amendment) Act, 1970 (24 of1970) Section 16 (w. e. f. 1-8-1976).
6. The words "or in Rangoon"omitted by the A.O.1937.
7. Inserted by the Petroleum Amendment Act,1940 (25 of 1940), Section 3.
8. Substituted by the A.O.1937.
9. Inserted by the Petroleum Amendment Act,1940 (25 of 1940), Section 3.
10. Substituted for the words "ChiefInspector of Explosives in India" by the Petroleum (Amendment) Act, 1977(31 of 1977) Section 4 (ii) (w. e. f. 12-8-1977).
CHAPTER IV
SUPPLEMENTAL
29.Provisions relating to rules: (1) Inmaking any rules under this Act, the 1 [Central Government] may –
(a) provide for any matter ancillary to suchrules for which in 2 [its] opinion provision is necessary to protect the publicfrom danger arising from the import, transport, storage, production, refiningor blending of petroleum, and
(b) make special provision for the specialcircumstances of any State or place.
(2) Every power to make rules conferred bythis Act is subject to the condition of previous publication.
(3) All rules made under this Act shall bepublished in the Official Gazette 3 [*]
4 [(4) Every rule made under this Act shallbe laid, as soon as may be after it is made, before each House of Parliament,while it is in session for a total period of thirty days which may be comprisedin one session or in two or more successive sessions, and if, before the expiryof the session immediately following the session or the successive sessionsaforesaid, both Houses agree in making any modification in the rule, or bothHouses agree that the rule should not be made, the rule shall thereafter haveeffect only in such modified form or be of no effect, as the case may be so,however exercise, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.]
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1. Substituted by the A.O.1937.
2. Substituted for the word "his"by the A.O.1937.
3. The words "and in the localofficial Gazette" omitted by the A.O.1937.
4.Substituted for the original Sub-section(4) by the Petroleum (Amendment) Act, 1977 (31 of 1977) Section 4 (ii) (w. e.f. 12-8-1977).
30.Power to apply Ac t to other substances:1 [*]
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1. Repealed by the Inflammable SubstancesAct, 1952 (20 of 1952), Section 7.
31.Power to limit powers of localauthorities over petroleum: Where any enactment confers powers upon any localauthority in respect of the transport or storage of petroleum, the 1 [CentralGovernment] 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. Substituted by the A.O.1937.
2. Substituted for the word "he"by the A.O.1937.
32.Repeals: 1 [*]
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1. Repealed by the Repealing Act, 1938 (1of 1938), Section 2 and Schedule.
THE SCHEDULE
Enactments repealed
1 [*]
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1. The Schedule repealed by the RepealingAct, 1938 (1 of 1938), Section 2 and Schedule.
