MINISTRY OF PETROLEUM & NATURAL GAS
Notification
The Petroleum Rules, 2002.
PART II GENERAL PROVISIONS
3. Restrictions on Delivering and Dispatching Petroleum:
-
Who Can Receive Petroleum:
-
No one is allowed to deliver or send petroleum to anyone in India.
It can only be delivered to:
- The holder of a storage licence or their authorized agent.
- A port authority or railway administration.
-
A person authorized by law to store petroleum without a licence.
-
Amount and Type of Petroleum:
-
When delivering or sending petroleum, the type of petroleum and
the quantity must match what the recipient is allowed to store
under their licence (or without a licence).
-
Special Rule for Petroleum Class B:
-
Petroleum Class B (a specific type of petroleum) can be sent to
someone without a storage licence, but only up to 15,000 litres
if it's in sealed airtight containers that are approved.
-
The person sending it must make sure the recipient has made
arrangements to dispose of the petroleum immediately, especially
for amounts over 2,500 litres.
-
If the shipment exceeds 2,500 litres, a dry chemical fire
extinguisher must also be included to fight fires in case of an
emergency.
-
Exceptions:
-
These rules do not apply to deliveries or shipments made to:
- The Defence Forces of India.
-
The delivery of kerosene (Petroleum Class B) to someone
who holds a special licence for transferring it into
smaller containers (called decantation).
-
For kerosene, the person delivering it must ensure that the
recipient can immediately transfer the kerosene into containers
of 2,500 litres or less.
This rule helps regulate how petroleum is handled, ensuring safety and
compliance with licensing requirements.
4. Approval of Containers:
-
Container Requirements:
-
Containers holding more than 1 litre of Petroleum Class A or
more than 5 litres of Petroleum Class B or C must be of a type
that is approved by the Chief Controller of Explosives.
-
Application for Approval:
-
If someone wants to use a type of container that has not been
approved before, they must:
-
Submit an application with drawings of the container
design (to scale).
-
Include details about the materials, construction
method, and capacity of the container.
-
Provide two sample containers and pay a fee of
1,000 rupees for review by the Chief Controller.
-
Exceptions:
-
These approval rules do not apply to containers owned by the
Defence Forces of India.
5. Containers for Petroleum Class A:
-
Materials for Containers:
-
Containers for Petroleum Class A must be made of materials
like tinned, galvanized, or rust-proofed sheet iron or steel.
These must be approved by the Chief Controller.
-
Glass bottles (with a capacity of 2.5 litres or less) can be
used for laboratory chemicals that are classified as Petroleum
Class A, if they are approved by the Chief Controller.
-
Container Durability:
-
Containers must be made and secured properly so that they do
not become defective, leaky, or insecure during transit unless
there is gross negligence or an extraordinary accident.
-
The containers should be kept in good repair at all times.
-
Filling Apertures:
-
Containers should have a well-made filling opening that is
tightly secured with airtight screw plugs, screw caps, or
other reliable caps.
-
Container Metal Thickness:
-
Containers made of sheet iron or steel must have a certain
minimum metal thickness depending on their capacity. The
required thickness is:
- Up to 10 litres: 0.443 mm (27 BG)
- 10 to 25 litres: 0.63 mm (24 BG)
- 25 to 50 litres: 0.80 mm (22 BG)
- 50 to 200 litres: 1.25 mm (18 BG)
- 200 to 300 litres: 1.59 mm (16 BG)
-
Maximum Capacity:
-
Containers should not exceed a capacity of 300 litres, unless
they are specifically approved by the Chief Controller for
certain uses.
-
Air Space in Containers:
-
Each container must have an air space that is at least 5% of
its total capacity.
-
Warning Labels:
-
Every container must have a clear warning label in large
letters, indicating it contains Petrol or Motor Spirit, or
another equivalent warning to show that the petroleum is
highly inflammable.
-
Exceptions:
-
The rules for container materials, thickness, capacity, air
space, and warning labels do not apply to containers owned by
the Defence Forces of India.
6. Containers for Petroleum Class B and Class C:
-
Container Materials:
-
Containers for Petroleum Class B and Class C must be made of steel
or iron and must be approved by the Chief Controller.
-
Air Space Requirement:
-
Containers for Petroleum Class B must have at least 5% air space
of the total container capacity.
-
Containers for Petroleum Class C must have at least 3% air space
of the total container capacity.
-
Exceptions:
-
These rules do not apply to containers owned by the Defence Forces
of India.
7. Empty Receptacles:
-
Empty tanks or containers that previously held Petroleum Class A or
Class B must be securely closed unless they are being opened for
cleaning or filling.
-
These containers must be thoroughly cleaned and freed from petroleum
vapour before being reused or disposed of.
8. Repairs to Receptacles:
-
Repairs by Hot Work:
-
No tank or container that has contained petroleum should be
repaired using hot work (e.g., welding, cutting, etc.) unless:
-
The container has been thoroughly cleaned and is free
of petroleum and petroleum vapour.
-
It has been certified in writing by a competent person
as safe for such repair work.
-
Certificate for Repairs:
-
The repair certificate must be kept by the repairer for at least
three months and must be shown to an inspector if requested.
9. Prevention of Escape of Petroleum:
-
Precautions must always be taken to prevent petroleum from escaping into:
- Drains, sewers, harbours, rivers, or watercourses.
-
Public roads, railway lines, or any other place where petroleum
could cause a hazard.
10. Prohibition of Employment of Children and Intoxicated Persons:
-
Children under 18 and intoxicated persons are not allowed to be employed
in any of the following:
- Loading, unloading, or transporting petroleum.
- Working in any premises licensed under these rules.
11. Prohibition of Smoking, Fires, and Lights:
-
Smoking, the use of matches, or anything that could cause ignition
(like fires or lights) is strictly prohibited near places where
petroleum is:
- Refined, stored, or handled.
- Transported in a vehicle or vessel.
12. Special Precautions Against Accidents:
-
Prevention of Fire or Explosion:
-
No one should do anything that could cause a fire or explosion
in any place where petroleum is:
- Refined, stored, or handled.
- Transported in vehicles or vessels.
-
Responsibilities of Petroleum Handlers:
-
Everyone who stores, handles, or transports petroleum must:
-
Follow the rules and the conditions of any licence
they have.
-
Take all precautions to prevent accidents, especially
fire or explosions.
-
Ensure that no one commits any act that could cause such
accidents (as described above).
13. Payment of Fees:
-
Fees to the Chief Controller:
-
All fees paid to the Chief Controller of Explosives must be paid
through a crossed bank draft:
-
The draft should be drawn in favour of the Chief
Controller of Explosives, Nagpur.
-
The bank draft must be from any nationalized bank and
payable at Nagpur.
-
Fees up to ₹100 can also be paid in cash at the office
of the Chief Controller.
-
Fees to a Controller:
-
Fees payable to a Controller (other than the Chief Controller)
must be paid via a crossed bank draft drawn in favour of the
Controller, payable at the station where the Controller's
office is located.
-
Fees up to ₹100 can also be paid in cash at the Controller's
office.
-
Fees to District Authority or Other Authorities:
-
Fees to District Authorities or other relevant authorities
should be paid in the manner specified by the respective
authority.
-
Refund of Fees:
-
If an application for a licence is rejected, the fees paid will
be refunded:
-
By the licensing authority if the fee was paid in cash
or by a bank draft.
-
If the fee was paid to a treasury, it will be refunded
by the treasury based on an order from the licensing
authority.
-
The refund should generally happen within six months after the
payment.
-
Non-refundable Fees:
-
Fees paid for purposes other than the grant, renewal, or
amendment of a licence are non-refundable.
CHAPTER II IMPORTATION OF PETROLEUM:
14. Licence for Import of Petroleum:
-
Import Requirement:
-
Petroleum, except the types that can be stored without a licence
(as per sections 7, 8, and 9 of the Act), cannot be imported into
India without a licence under these rules.
-
Exception:
-
If someone does not have a licence, they can still import petroleum
products, but only if they have already made proper arrangements
to receive and store the imported petroleum at licensed premises.
15. Petroleum Exempted:
-
Ship’s Stores:
-
The rules do not apply to petroleum Class B or Class C that is part
of a ship’s stores, if it is manifests (declared) as such.
-
Petroleum for Defence Forces:
-
The rules in Sections 14, 19, and 26 do not apply to petroleum
imported by the Defence Forces of the Union.
25. Petroleum to be Imported by Land Only at Authorized Places:
-
Restriction:
-
No petroleum shall be imported into India by land unless it is
brought in through places specifically authorized for this
purpose by the Central Government.
26. Declaration, Certificate, and Licence to be Furnished for Importing Petroleum by Land:
-
Requirements for Importing Petroleum:
-
Anyone wishing to import petroleum by land must provide the
Commissioner of Customs with:
-
A declaration in Form I, signed by the person or their agent.
-
A certificate of storage accommodation in Form II, signed
by the person or their agent.
-
The licence or an authenticated copy of the licence for
the importation and storage of the petroleum.
-
Exemptions:
-
These rules do not apply to petroleum that is exempt under
sections 7, 8, and 9 of the Act.
-
Petroleum Class C imported in bulk in quantities exempted under
section 7 does not require a licence under these rules.
27. Permission of the Commissioner of Customs to Unload Petroleum:
-
Unloading Permission:
-
Petroleum cannot be unloaded without permission from the
Commissioner of Customs.
-
Conditions for Unloading:
-
The Commissioner of Customs will permit unloading after reviewing:
- The testing officer’s report on the petroleum.
- The storage certificate (Form II), if needed.
- The import licence, if required.
-
After these checks and any other inquiries, the Commissioner
deems necessary, if everything is in order, permission to unload
will be granted.
-
Exemption for Immediate Export:
-
If the Commissioner of Customs is satisfied that the imported
petroleum is intended to be exported immediately after unloading,
he may waive the requirements of rules 14 and 26.
-
In such cases, the petroleum can be unloaded for immediate
dispatch to a place outside India, subject to conditions set by
the Commissioner.
-
Other Powers:
-
This rule does not affect the Commissioner of Customs' power to
detain petroleum under any other laws or rules currently in force.
CHAPTER III TRANSPORT OF PETROLEUM
28. Restriction on Leaky Receptacles:
-
Rule:
-
No leaky tank or container that contains petroleum is allowed
to be tendered for transport.
29. Loading of Containers:
-
Rule:
-
Barrels, drums, and other containers filled with petroleum must
be loaded with the bung (cap) facing upwards.
30. Restriction on Passengers, Combustible and Inflammable Cargo:
-
Rule:
-
Except as specified in rules 38, 39, and 52, and clause (b) of
rule 60, no ship, vessel, or vehicle should carry petroleum
Class A, petroleum Class B, or petroleum Class C in bulk if it
is also carrying:
- Passengers, or
- Combustible cargo other than petroleum.
-
Exception:
-
This rule does not prohibit the use of dunnage (packing
material) in the case of coastwise transport of
petroleum Class A, if it is not being carried in bulk.
31. Prohibition of Smoking, Fires, Lights:
-
Rule:
-
No person involved in loading, unloading, or transporting
petroleum is allowed to smoke or carry items that could cause
ignition, such as:
- Matches,
- Lighters,
-
Any other appliances capable of producing ignition or
explosion.
32. Restriction on Loading and Unloading by Night:
-
Rule:
-
Petroleum should not be loaded or unloaded from any ship,
vessel, or vehicle between sunset and sunrise, unless:
-
(a) Adequate electric lighting is provided at the
loading or unloading area, and all provisions in
Chapter IV are followed.
-
(b) Adequate fire-fighting facilities and personnel
are ready at the loading area to handle any
emergencies in case of a fire.
-
Exceptions:
-
This rule does not apply to the refuelling of aircraft by vessels or
vehicles licensed under these rules by the Indian Aircraft Rules, 1937,
or to refuelling by the Defence Forces of the Union.
-
Explanation:
-
The Chief Controller will determine if the electric lighting
and fire-fighting facilities are adequate or not.
PART – IV TRANSPORT ON LAND BY VEHICLES
62. Application:
This part applies to the transport of petroleum on land by vehicles, but
exemptions apply for:
- Petroleum Class A in quantities of 100 liters or less.
-
Petroleum of any class transported other than in bulk
(subject to rule 67).
- Petroleum transported by the Defence Forces of the Union.
63. Tank Vehicles:
-
Vehicle Requirements:
-
Every tank vehicle used for transporting petroleum in bulk must
be built, tested, and maintained as per the requirements in the
Third Schedule and must be approved by the Chief Controller.
-
In exceptional cases, the Chief Controller may waive some of
these requirements, especially for testing better quality
vehicles to improve safety for petroleum transportation on
Indian roads.
-
Tank Fabrication and Approval:
-
Tanks must be fabricated and mounted on the vehicle by an
approved manufacturer. The manufacturer must apply for approval
with details about their facilities and competent personnel,
along with a scrutiny fee of ₹500.
-
The manufacturer must submit tank fabrication drawings in
quadruplicate (4 copies) for approval, along with a scrutiny fee
of ₹100. The approval is valid for 3 years and can be renewed for
another 3 years with a fee of ₹500.
-
Approval Process:
-
If the Chief Controller is satisfied after reviewing the
drawings and conducting any necessary inquiries, they will
approve the tank design and return one copy of the approved
drawings to the manufacturer.
-
Exemption for Tank Wagons:
-
These rules do not apply to tank wagons used for transporting
petroleum by rail.
64. Tank Capacity:
-
Tank Definition:
-
"Tank" includes any number of tanks on the same vehicle chassis.
The specified capacity applies to varying temperatures.
-
Net Carrying Capacity:
-
The net carrying capacity (the amount of petroleum it can
actually carry) of a tank is:
-
97% of the gross capacity for Petroleum Class A and
Class B.
-
98% of the gross capacity for Petroleum Class C.
-
Capacity Limits for Tank Vehicles:
-
Tank trucks or semi-trailers can carry:
-
Up to 25 kilolitres of petroleum (except aircraft
refuellers).
-
Aircraft refuellers can carry up to 50 kilolitres of
petroleum.
-
Tank trailers can carry up to 5 kilolitres of petroleum.
-
Weight Limits:
-
The maximum safe weight of petroleum carried in a tank vehicle
is the difference between the unladen weight of the vehicle and
the maximum gross weight allowed under transport regulations.
65. Restriction on Other Use:
-
A tank vehicle meant specifically for transporting petroleum in bulk
cannot be used for any other purpose unless explicitly authorized by
the Chief Controller in writing.
66. Trailers:
-
Restrictions on Tank Trailers:
-
A tank trailer that is not exclusively used for transporting
petroleum cannot be attached to any vehicle for transporting
petroleum.
-
A tank trailer transporting petroleum can only be attached to a
vehicle that is exclusively used for transporting petroleum.
Moreover, only one trailer can be attached at a time.
-
A tank trailer cannot be attached to a tank semi-trailer or any
other trailer.
-
Braking Requirements:
-
A tank trailer or tank semi-trailer must have reliable brakes
that can be operated efficiently from the driver’s seat of the
towing vehicle.
-
Size and Design Requirements:
-
The width of the tank trailer or tank semi-trailer must be less
than the overall width of the towing vehicle.
-
The tank trailer must be connected to the towing vehicle in such
a way that it follows the path of the towing vehicle and
prevents dangerous swerving or whipping.
-
Transport of Different Petroleum Classes:
-
If a tank trailer carrying Petroleum Class A is attached to a
vehicle carrying Petroleum Class B or Class C, the towing
vehicle must meet the requirements for transporting Petroleum
Class A.
-
Other Restrictions:
-
A trailer that is not a tank trailer cannot be attached to a
tank truck.
-
When a tank trailer is attached to a tank truck, the total
quantity of petroleum being transported by both the tank truck
and tank trailer cannot exceed 15 kilolitres.
-
A tank trailer cannot be attached to a tank truck with a net
carrying capacity greater than 12 kilolitres.
-
No tank trailer can be used in thickly populated areas unless
the district authority grants written permission.
67. Vehicle for Transport Otherwise than in Bulk:
-
Vehicle Construction:
-
Every vehicle used to transport petroleum other than in bulk (e.g., in
containers) must be strongly constructed with adequate sides and back.
-
In animal-drawn vehicles, push carts, and pedal carts, the requirements
for sides and back do not apply, as long as the load is securely fastened
to the vehicle.
-
Packaging and Projection:
-
All containers of petroleum must be packed in such a way that
they do not project beyond the sides or back of the vehicle.
-
Restrictions on Transporting Petroleum Class A:
-
Petroleum Class A cannot be transported in trailers attached to
any vehicle.
68. Composite Vehicles:
-
Petroleum in cans or containers cannot be transported on a tank vehicle
used for transporting petroleum, unless the vehicle complies with both:
-
Rules for the transport of petroleum otherwise than in bulk, and
-
Rules for the transport of petroleum in bulk.
69. Carriage of Other Articles Prohibited:
-
No vehicle transporting petroleum can carry any other article at the
same time, unless explicitly authorized in writing by the Chief
Controller.
70. Engines of Mechanically Propelled Vehicles:
-
Engine Requirements:
-
Vehicles used for transporting petroleum (other than Petroleum
Class B and Class C otherwise than in bulk) must have:
-
Diesel engines or internal combustion engines.
-
Exhaust systems that are positioned in front of the tank
or load and clear from fuel systems and combustible
materials. The exhaust should also be protected from fuel
spills and grease accumulation.
-
The exhaust pipe must be fitted with an approved spark
arrestor.
-
The muffler or silencer must not be removed or tampered
with.
-
Air intake systems must have effective flame arresters
to prevent flames from the engine in case of backfires.
-
The vehicle cab must be all-metal and have wired glass
windows. Alternatively, the cab and engine must be
separated from the tank/load by a fire-resisting shield.
-
Fuel Tank Safety:
-
If the fuel tank is installed behind the vehicle cab, it must:
-
Be designed and installed safely to prevent hazards.
-
Be protected by steel guards and have a locked filling
cap.
-
Quick Action Cut-off Valve:
-
Vehicles running on Petroleum Class A must have a quick action
cut-off valve on the fuel feed pipe, which should be easily
accessible and clearly marked.
-
Exemption for Helicopters and Airplanes:
-
The engine requirements (except for the exhaust and spark
arrestor provisions) do not apply to helicopters or airplanes
used exclusively for aerial crop-spraying with Petroleum
Class A.
71. Electrical Installation:
-
Rule: If electrical equipment is used on a vehicle (including trailers)
for transporting petroleum (other than petroleum Class C), the following
precautions must be taken:
-
Voltage Limit:
-
The pressure of the electric circuit must not exceed 24 volts.
-
Electrical Wiring:
-
Insulation: Wiring must be heavily insulated and capable of
handling maximum loads.
-
Over-current Protection: The circuit should have fuses or
automatic circuit breakers to prevent overloading, and the
wiring should be installed in a way that avoids physical damage
or contact with spilled petroleum (e.g., using metal conduit or
other oil-resistant protective coverings).
-
Sealed Junction Boxes: All electrical junction boxes must be
sealed.
-
Location of Electrical Components:
-
Electrical components such as the generator, battery, switches,
and fuses must be located in the vehicle's cab or engine
compartment.
-
The battery should be easily accessible, with a heavy-duty
switch nearby to cut off power when necessary.
-
Flame-proof Equipment:
-
Any generators, motors, or switches installed outside the engine
compartment must be of the approved flame-proof type.
-
Air circulation must be provided if electrical equipment is
placed in an enclosed space to prevent overheating and
accumulation of flammable vapors.
-
Exceptions:
-
The above rules do not apply to the transportation of petroleum
Class A for helicopters and airplanes used for aerial crop
spraying, provided the petroleum is not transported in bulk.
72. Means of Extinguishing Fire:
-
Rule: Every vehicle transporting petroleum by road must carry the
following fire extinguishing equipment:
-
Portable Fire Extinguisher:
-
A 10 kg dry chemical powder fire extinguisher (or equivalent)
suitable for petroleum fires must be easily accessible and
removable.
-
Driver's Cabin Fire Extinguisher:
-
A smaller 1 kg dry chemical powder fire extinguisher must be kept
in the driver's cabin of the vehicle.
73. Vehicles to be Constantly Attended:
-
Rule: Every vehicle transporting petroleum by road must have at least
one person always attending to it, except under specific conditions:
-
General Requirement:
-
The vehicle must always have at least one person who is familiar with
the safety rules for transporting petroleum.
-
Exception for Empty Tanks:
-
If the vehicle’s tanks or compartments are empty but still
contain petroleum vapors, the vehicle can be left unattended
at approved locations (as authorized in writing by the Chief
Controller).
-
Special Requirement for Larger Loads:
-
For vehicles carrying more than 5 kilolitres of petroleum
(other than Class C) or vehicles that are being trailed by
another vehicle, there must be two persons attending the
vehicle while it is in motion. Both individuals must be
familiar with the transportation rules.
74. Prohibition on Parking:
-
Rule: Vehicles transporting petroleum by road must not park:
- On any public road or in congested areas.
- Within 9 meters of any source of fire.
CHAPTER V - STORAGE OF PETROLEUM REQUIRING LICNECE
116. Licence for Storage:
-
You cannot store petroleum unless you have a licence, unless it's for:
- Petroleum stored in well-head tanks.
-
Petroleum stored as transit cargo in a port, but only if
approved by the port authority.
117. Fire Safety:
-
No Smoking: You can’t smoke in any storage area or service station
unless the licensing authority has specifically allowed it.
-
No Matches or Dangerous Items: Don’t carry matches, fuses, or anything
that could cause a fire or explosion in storage areas.
-
No Open Flames or Heat Sources: You can't have fire, furnaces, or
anything that could ignite flammable vapours in storage areas unless
authorized.
-
Fire Extinguishers:
-
Keep enough fire extinguishers that can put out oil fires at
key points in storage areas and small installations.
-
Everyone working in these areas should know how to use the
fire extinguishers.
-
Installations should follow the fire-fighting requirements in
the OISD Standard-117 (for newer installations). For older
installations, fire safety should be improved as much as
possible according to this standard, with approval from the
Chief Controller.
118. Supervision of Operations:
-
All work in the storage or service areas must be supervised by someone
experienced and knowledgeable about the rules and safety standards,
and who has proper safety training.
119. Cleanliness:
-
The ground inside and around the storage or service station must be
kept clean and free from plants, waste, or rubbish.
120. Drainage:
-
Proper Drainage: There must be good drainage around tanks so that
water doesn’t collect in the area.
-
Level of Enclosure: The walls or enclosures around the tanks must not
be below the surrounding ground level.
-
Drainage Pipe with Valve: If there is a drainage pipe, it must have a
valve that can be operated from outside the enclosure.
-
Keep Valves Closed: Valves and openings for drainage should be closed
when not in use.
-
Drainage Plan: You need to show the drainage system in the plan you
submit when applying for a licence.
121. Preventing Unauthorized Access:
-
The area around every storage installation or shed must be enclosed
by a wall or fence that is at least 1.8 meters high.
-
For service stations, the fence or wall on all sides (except where
vehicles drive in) must be at least 1.2 meters high.
-
Steps must be taken to prevent unauthorized people from entering the
storage or installation areas.
122. Storage of Petroleum Only:
-
You can’t use an installation, service station, or storage shed for
anything other than storing and distributing petroleum unless you
get written permission from the Chief Controller.
123. Tank Capacity Marking:
-
The capacity (in liters or kiloliters) of every above-ground tank must
be clearly marked on the tank.
124. Construction of Tanks:
-
Tanks for storing petroleum (except well-head tanks) must be made of
iron or steel, following the standards set by the Indian Standards
Institution (ISI) or another approved code. If needed, tanks can be
made from other materials.
-
The tanks must be placed on strong foundations or supports made of
non-combustible material, following good engineering practices.
-
The height of a tank should not be more than 1.5 times its diameter,
or 20 meters—whichever is less.
-
There must be an air space in each tank that is at least 5% of its
total capacity, or as prescribed by the approved code—whichever is
smaller.
125. Protection Against Corrosion:
-
Tanks (other than well-head tanks) that are installed on or below the
ground must be protected against corrosion. This can be done by using
special coatings, cathodic protection, or other methods approved by
the licensing authority.
126. Testing of Tanks:
-
After a storage tank is installed, re-installed, or repaired, it must
be tested for leaks using water pressure before it can be used. This
test must be done by a qualified person.
-
The water used for the test must not contain any petroleum and should
not be pumped through the same pipes or pumps used for petroleum
(unless the licensing authority gives special permission).
-
The person conducting the test must issue a certificate confirming
the test results. This certificate must be submitted to the licensing
authority when applying for or updating the licence, or after any
major repairs.
CHAPTER VII LICENCES
141. Grant of Licence:
-
Licenses under these rules are granted by the authorities listed in the
First Schedule. You will need to apply using the forms specified and pay
the required fee.
142. Duration of Licences:
-
Licences for certain purposes (like those in Form III or Form XVII) can
be granted for up to one year, depending on what the licensing authority
decides.
-
Other licences are generally granted for a period up to the 31st of
December of the year they are issued or renewed, with a maximum duration
of three years.
-
If the licence is needed for a specific work or a short-term event (like
a festival), the licensing authority can issue it for a shorter period,
even if it doesn’t last until the end of the year.
143. Application for Licence:
-
To get or renew a licence, you must submit a written application to the
relevant authority.
-
For specific purposes like transporting petroleum in bulk or storing
petroleum, there are different application forms:
- Form VII: For transporting petroleum by road.
-
Form VIII: For transporting petroleum (Class A/B) for fuelling
aircraft, heavy machinery, etc.
- Form IX: For importing and storing petroleum.
- Form X: For decanting kerosene from vehicles.
144. No-objection Certificate (NOC):
-
If the Chief Controller or Controller is the licensing authority, and
you’re applying for a new licence (except for certain specified forms),
you must first apply to the District Authority for a certificate stating
that there is no objection to issuing the licence for the site.
-
You need to submit two copies of the site plan showing the
location of the premises.
-
If the District Authority agrees, they will grant you the
certificate, which you then send to the licensing authority with
your application.
-
The certificate must include a copy of the site plan with the District
Authority’s official seal.
-
If you don’t have this certificate, the Chief Controller or Controller
can refer your application back to the District Authority for further
review.
-
If the District Authority objects to issuing the licence, the Chief
Controller or Controller will not issue the licence without approval
from the Central Government.
-
The District Authority must process the NOC request within three months
of receiving the application.
145. Licence Details:
-
Licence Conditions: Every licence granted under these rules comes with
specific conditions, which you must follow. The licence will also
include all the details required by the appropriate form.
-
Plan of Licensed Premises:
-
A copy of the plan(s) showing the layout of the licensed premises
must be attached to the licence. This plan must be signed by the
licensing authority to show their approval.
- This plan becomes part of the licence.
-
An identical copy of the approved plan must also be kept on file
at the licensing authority’s office for record-keeping.
-
Exception: This rule does not apply to licences in Form XVIII.
146. Approval Needed for Changes to Licensed Premises:
-
No Changes Without Approval: You cannot make any changes to your
licensed premises (e.g., storage or service area) unless you get prior
approval from the licensing authority.
-
How to Apply for Changes:
-
Submit three copies of a detailed plan showing the proposed
changes. Use different colors to highlight the changes and
explain why you need them.
-
Pay a fee of ₹400 for the review of your proposed changes.
-
Approval Process:
-
The licensing authority will review the plan and may visit the
premises if needed. If they approve the changes, they will
return one copy of the plan, signed by them, with any conditions
for the changes.
-
Amending the Licence: After the approved changes are made, you must
apply to amend the licence to reflect the changes.
147. Amending the Licence:
-
Licence Amendment: The licensing authority can amend your licence when
needed.
-
Fee for Amendment: The fee for amending a licence is ₹500, plus any
difference between the original fee and the fee for the amended licence
(if the amended licence requires a higher fee).
-
How to Apply for an Amendment:
-
Submit a completed application form (Form VII, VIII, IX, or X)
depending on the type of licence.
-
Attach the original licence with approved plans.
-
If changes were made to the premises, include three copies of
the revised plan showing the approved changes.
- Pay the amendment fee.
-
If applicable, submit certificates for tank testing or safety
(as required by rules).
148. Renewal of Licence:
-
Renewal Process: A licence can be renewed by the authority that granted
it. If the licence was granted by the Chief Controller, it can be
renewed by a Controller authorized by the Chief Controller without any
changes.
-
Licence Duration for Renewal: Most licences (except those in Form III
or Form XVII) can be renewed for up to three years if the licensee has
followed the rules and conditions during the previous period.
-
Refund for Early Surrender: If a licence renewed for more than a year
is surrendered before it expires, the licensee can get a refund for
the unused portion of the renewal fee. However, no refund will be
given for:
-
The year when the licensing authority receives the surrendered
licence, or
-
Any period during which petroleum was received or stored under the licence.
-
Application for Renewal: To renew the licence, the licensee must:
-
Submit the renewal application in the appropriate form
(Form VII, VIII, IX, or X).
-
Provide the existing licence, approved plans, and pay the
renewal fee.
-
Submission Deadline: The application for renewal must be submitted
at least 30 days before the licence expires. If submitted on time,
the licence will be considered valid until the renewal is granted
or refused.
-
Refund for Refused Renewal: If the licence renewal is refused, the
renewal fee will be refunded after deducting the fee for the period
the licence was to be renewed until the refusal date.
-
Late Renewal Fee:
-
If the renewal application is submitted late (but within
30 days after expiry), the renewal fee will be doubled.
-
If applying for renewal for more than one year, the late
fee applies only for the first year of renewal.
-
No Renewal After 30 Days: If the renewal application is submitted
more than 30 days after the expiry date, the licence will not be
renewed.
149. Refusal of No-Objection Certificate (NOC):
-
If the district authority refuses to issue a No-Objection Certificate
(NOC), they must give a written explanation for the refusal. The
applicant must also be given a chance to present their case before
the refusal.
150. Cancellation of No-Objection Certificate (NOC):
-
When NOC Can Be Cancelled: A NOC can be cancelled if the district
authority or state government determines that the licensee no longer
has the right to use the site for storing petroleum.
-
Process for Cancellation: Before canceling a NOC, the licensee must
be given a chance to explain. If canceled, the authority must provide
written reasons and immediately send a copy of the cancellation
order to the licensee and the licensing authority.
151. Refusal of Licence:
-
If the licensing authority refuses to grant, amend, renew, or transfer
a licence, they must provide written reasons for the refusal.
152. Suspension and Cancellation of Licence:
-
Reasons for Licence Cancellation or Suspension:
-
Ceasing Rights to the Site: The licence will be cancelled if
the licensee no longer has the right to use the site for
storing petroleum.
-
No-Objection Certificate (NOC) Cancellation: If the NOC is
cancelled by the District Authority or the State Government,
the licence is also cancelled.
-
Violation of Laws or Licence Conditions: The licence can be
suspended or cancelled by the licensing authority if the
licensee violates the Petroleum Act, rules, or the licence
conditions. It can also be cancelled by the Central
Government if it finds sufficient reasons.
-
Suspension Procedure:
-
The licensee must be given a chance to explain (be heard)
before their licence is suspended or cancelled, unless:
-
The violation is immediate and serious (e.g., public
danger), in which case the licence can be suspended
temporarily without giving the licensee a chance to
be heard. A hearing must still be given before
confirming the suspension.
-
The Central Government suspends or cancels the licence
in the public interest or for national security, and
it decides that giving the licensee a chance to be
heard is not necessary.
-
Written Reasons: Any authority suspending or cancelling a licence must
give written reasons for their decision.
153. Procedure on Expiration, Suspension, or Cancellation of Licence:
-
Notification and Disposal of Petroleum:
-
If a licence expires, is suspended, or is cancelled, the
licensee must notify the District Authority about the type
and amount of petroleum in their possession. They must also
follow any directions given by the District Authority about
how to dispose of the petroleum.
-
Temporary Licence:
-
A temporary licence can be granted for up to three months
after a licence expires, is suspended, or is cancelled.
This temporary licence is only for the petroleum that was
already in storage at the time the original licence expired
or was cancelled.
-
If the original licence was granted by an authority other
than the District Authority, the District Authority must
get approval from the original authority before issuing a
temporary licence.
-
Temporary Licence Fee: The fee for the temporary licence will be
proportionate to the time it is valid, compared to the full yearly
fee of the original licence.
154. Appeals:
-
Appeals Process:
-
If a licence is refused, amended, renewed, suspended, or
cancelled, the decision can be appealed:
-
To the Central Government: If the Chief Controller
made the decision.
-
To the Chief Controller: If a Controller made the
decision.
-
To the official superior of the District Authority:
If the District Authority made the decision.
-
To the official superior of the officer who manages
vessels carrying petroleum: If the decision relates
to vessels.
-
Appeal Against NOC Cancellation: If a District Authority cancels a
No-Objection Certificate (NOC), the appeal goes to the authority
directly above the District Authority.
-
Appeal Submission:
-
The appeal must be made in writing and should be submitted
within 60 days of the order.
-
The appeal must include a copy of the order being appealed.
155. Supply of Rules:
-
When a licence is granted for the storage of petroleum, the licensee
will receive an extract of important rules, free of charge. These
rules cover:
-
Rules related to general conditions (Rules 3-12).
-
Safety, storage, and operational procedures (Rules 102-134).
-
Rules regarding alterations, renewals, and appeals (Rules 146-159).
156. Transfer of Licence for Storage:
-
Application for Transfer:
-
A licensee can apply to transfer their petroleum storage licence
to another person before it expires.
-
Documents Required for Transfer:
-
A letter from the current licensee, stating the full name and
address of the person to whom the licence is being transferred.
-
An application (Form IX) filled out and signed by the person
to whom the licence is being transferred.
-
A fee of ₹500.
-
Approval of Transfer:
-
Once the licensing authority receives the application and fee,
if they approve the transfer, they will add an endorsement on
the licence, stating that it has been transferred to the new
person.
-
Rights and Obligations:
-
The person receiving the licence will have the same rights and
responsibilities as the original licensee under the terms of
the licence.
157. Procedure on Death or Disability of Licensee:
-
During Disability or Death:
-
If the licensee dies, becomes insolvent, mentally incapable, or
is otherwise disabled, the person continuing the business is
not liable for penalties or confiscation for using the licence.
This grace period is allowed while they apply for a new licence
for the unexpired portion of the original licence.
-
Application for New Licence:
-
The person taking over must apply for a new licence for the
unexpired portion of the original licence and submit a
no-objection certificate (NOC) from the District Authority.
-
Fee for New Licence:
-
A fee of ₹200 is charged for the new licence for the remaining
period of the original licence.
158. Loss of Licence:
-
If the original licence is lost or destroyed, the licensee can apply
for a duplicate licence. To do this, they must submit a copy of the
original plan(s) and pay a fee of ₹200.
159. Production of Licence on Demand:
-
Showing Licence:
-
A person holding a licence must produce the licence (or an
authenticated copy) when asked by an Inspector at the licensed
premises.
-
Authenticating Copies:
-
Copies of a licence can be authenticated by the authority that
issued it:
-
A fee of ₹50 is charged for each authenticated copy.
-
The original plans (or copies identical to the approved
plans) must also be submitted.
160. Procedure on Reports of Infringement:
-
If there is a report of an infringement of the Petroleum Act or these
rules, the District Authority must inform the Chief Controller about
the actions they have taken regarding the infringement.
161. Executive Control Over Authorities:
-
All authorities (other than the Central Government) acting under this
chapter must perform their duties under the control of the Central
Government.
-
However, this does not affect the Chief Controller's executive control
over subordinate officers.