Power to vary Dangerous petroleum in quantities exceeding (Preliminary.-Sec. 4. Dangerous Petroleum.-Secs. 5-6.) British India, shall, for all or any of the purposes of this Act, be (b) that petroleum transported into the Province from any place in be imported; and thereupon the provisions of this Act, and of the rules made under this 4. (1) The Governor General in Council may, by notification in the (2) The Governor General in Council may, in like manner, lay down (3) The provisions of section 23 of the General Clauses Act, 1897, shall X of 1897. apply to notifications under this section as if they were rules or orders required to be made after previous publication. Dangerous Petroleum. 5. (1) No quantity of dangerous petroleum exceeding forty gallons shall be imported or transported or kept by any one person or on the same forty gallons. premises, except under, and in accordance with the conditions (if any) of, a license from the Local Government ***.3 Dangerous petroleum in quantities not exceeding forty gallons. (2) Every application for such a license shall be in writing in the prescribed form, and shall contain the prescribed particulars. 6. No quantity of dangerous petroleum equal to, or less than, forty gallons shall be kept or transported without a license: Provided that nothing in this section shall apply in any case where the quantity of the petroleum kept by any one person or on the same premises, or transported, does not exceed three gallons, and the petroleum is placed in P. 403. For notification making an addition to the First Schedule, see Gazette of India, 1900, Pt. I, The words "granted as next hereinafter provided' were repealed by the Repealing and For form of application for a license to import, transport and possess petroleum in Burma, see (Dangerous Petroleum.-Sec. 7. Petroleum generally.-Secs. 8-9.) separate glass, stoneware or metal vessels, each of which contains not more than a pint and is securely stopped. 7. Dangerous petroleum (a) which is imported and is kept at any place after seven days from the gerous petrodate of its importation, or Vessels containing dan leum to be labelled. (b) which is transported, or (c) which is sold or exposed for sale, shall be contained in vessels having attached thereto labels in conspicuous characters stating the description of the petroleum, with the addition of the words "highly inflammable" and with the addition, (d) in the case of a vessel kept, of the name and address of the consignee or owner; (e) in the case of a vessel transported, of the name and address of the sender; and, (f) in the case of a vessel sold or exposed for sale, of the name and Petroleum generally. 8. (1) The Governor General in Council may make rules to carry out the Power for purposes and objects of this Act. Governor make rules. (2) In particular and without prejudice to the generality of the foregoing Council to power, such1 rules may provide for the granting of licenses to transport petroleum from any part of British India to any other part of British India in cases in which such licenses are by law required. 9. (1) The Local Government, with the previous sanction of the Governor General in Council, may make rules to regulate the importation of 1 For rule as to the transport of Petroleum from one Province of British India to another, see Gazette of India, 1902, Pt. I, p. 889. *For rules under this section for refining and testing of petroleum produced in Burma, see Burma Gazette, 1899, Pt. I, p. 215, and ibid, 1902, Pt. I, p. 493. For rules regulating import by sea of petroleum into (1) Bengal, see Calcutta Gazette, 1892, Pt. I, p. 973, ibid, 1891, Pt. I, p. 889, ibid, 1895, Pt. I, p. 994; (2) Bombay, see Bombay Government Gazette, 1890, Pt. I, p. 341; (3) Burma, see Burma Rules Manual, Ed. 1897, p. 157, and (4) Madras, see Fort St. George Gazette, 1904, Pt. I, p. 136. For rules regulating the import, possession, sale and transport of carbide of calcium in(1) Assam, see Assam Gazette, 1902, Pt. II, p. 591; (2) Bengal, see Calcutta Gazette, 1903, Pt. I, p. 1451 ; (3) Bombay, see Bombay Government Gazette, 1903, Pt. I. p. 1460; (4) Burma, see Burma Gazette, 1901, Pt. I, p. 450, ibid, 1903, Pt. I, p. 727; (5) Central Provinces, see Central Provinces Gazette, 1901, Pt. III, p. 250, ibil, 1902, Pt. (6) Coorg, see Coorg District Gazette, 1902, Pt. I, p. 63; (7) Madras, see Fort St. George Gazette, 1902, Pt. I, p. 74; (8) Punjab, see Punjab Gazette, 1901, Pt. I, p. 1123, ibid, 1902, Pt. I, p. 596; (9) United Provinces, see the North-Western Provinces and Oudh Gazette, 1901, Pt. I, For rules regulating the grant of licenses to possess or transport petroleum in— (1) Ajmer-Merwara, see Gazette of India, 1903, Pt. II, p. 108; (2) Assam, see Assam Gazette, 1903, Pt. II, p. 406; (3) Bengal. see Calcutta Gazette, 1895, Pt. I. p. 504, amended, see Notification No. 72, ibid, (4) Bombay, see Bombay Government Gazette, 1902, Pt. I, p. 903; Power for ernment to Local Gov make rules. (Petroleum generally.-Sec. 9.) petroleum and the granting of licenses to possess or to transport petroleum within the Province in cases in which such licenses are by law required. (2) In particular and without prejudice to the generality of the foregoing power, such rules may (a) determine the ports at which alone petroleum may be imported; (c) determine the places at which, and the conditions on and subject to (d) provide for the selection by an officer appointed by the Local Government in this behalf, and for the delivery to him, either after or before petroleum has been landed, of samples of all petroleum landed or intended to be landed; (e) provide, in the case of each cousignment which is stated to be of one uniform quality, for the number of samples to be selected, and for the averaging of the results of the testing of those samples; provide, where the results of the testing of the samples raise a doubt as to the uniformity of the quality of the petroleum in any such consignment, for the division of the consignment into lots, and for the selection and testing of samples of each lot, and for the treatment of the lot in accordance with the results of the testing of those samples; (g) fix fees for the sampling and testing of petroleum ; (h) fix fees for the storage of petroleum unless any local authority is empowered in that behalf; () define, with respect to any petroleum produced within the Province, (5) Burma, see Burma Gazette, 1903, Pt. I. p. 32; as to grant to owners of motor cars of (6) Central Provinces, see Central Provinces Gazette, 1901, Pt. III, p. 35. (7) Coorg, see Coorg District Gazette, 1901, Pt. I, p. 116; (8) Madras, see Fort St. George Gazette, 1904, Pt. I, p. 138; (9) Punjab, see Punjab Gazette, 1902, Pt. I, p. 22; (10) United Provinces, see North-Western Provinces and Oudh Gazette, 1901, Pt. I, p. 678, and United Provinces Gazette, 1903, Pt. 1, pp. 270 and 879. 1 For notification issued under this clause by (1) the Government of Burma, see Burma Gazette, 1902, Pt. I, p. 750; (2) the Chief Commissioner of Assam, see Assam Gazette, 1903, Pt. II, p. 479. 2 For list of testing officers appointed by the Government of Burma, see Burma Gazette, 1902, Pt. I, p. 751. For rules as to refining and testing petroleum produced in Assam, see Assam Gazette, 1903, Pt. II, p. 414. (Petroleum generally.—Sec. 10.) (*) prevent the removal from those limits, otherwise than under the provisions of this Act applicable to dangerous petroleum, of petro leum so produced which has not satisfied the prescribed tests 1; (m) fix the fee to be charged for any such license; (n) limit the quantity of petroleum to be covered by any such license; (r) provide for the nature and situation of the premises in respect of (s) prescribe the manner in which the petroleum covered by a license to transport is to be packed, the mode and time of its transit, the route by which it is to be taken, and its stoppage and inspection during transit. charged or 10. (1) Petroleum discharged into boats or landed in accordance with Procedure after petrorules made under section 9, sub-section (2), shall not be removed from the leum has boats or places in or at which it is stored until the samples selected therefrom been disin accordance with those rules have been tested by an officer appointed by landed. the Local Government in this behalf and the officer has given a certificate that the petroleum is not dangerous petroleum. (2) If the officer, after testing the samples, refuses to give the certificate in respect of any petroleum, the Local Government may permit the consignee, within a time to be fixed by the Local Government in this behalf, (a) to rectify the petroleum, (b) to apply for a license to import the petroleum as dangerous petroleum, or (c) to re-export the petroleum. (3) If the consignee does not, within the time fixed under sub-section (2), avail himself of the permission granted under that sub-section, the petroleum may be disposed of as the Local Government may direct. (4) Notwithstanding anything in the foregoing provisions of this section the Local Government, in its discretion, may, where the officer has refused For rules as to refining and testing petroleum produced in Assam, see Assam Gazette, 1903, Pt. II, p. 414. For officer appointed by (1) Government of Bengal, see Calcutta Gazette, 1903, Ft. I, p. 937; (2) Assam, see Assam Gazette, 1903, Pt. I, p. 474. Possession and transport of petroleum. Power to inspect and re quire dealer to sell sam. ples. Notice to be given when officer proposes to test samples. Certificate as Penalty for illegal importation, possession or transport of petroleum or for refusal to comply with section 12. (Petroleum generally.-Secs. 11-14. Penalties.-Sec. 15.) the certificate, direct that the petroleum be re-tested by another officer appointed by it in this behalf, and may, if that officer advises that the petroleum is not dangerous petroleum, authorize its removal from the boats or places in or at which it is stored. 11. No quantity of petroleum exceeding five hundred gallons shall be kept by any one person or on the same premises, or shall be transported, except under, and in accordance with the conditions of, a license granted under this Act: Provided that the Local Government may, by notification in the local official Gazette, exempt from the operation of this section petroleum when transported in such particular manner and under such particular conditions as may be set forth in the notification. 12. Any officer specially authorized in this behalf by the Local Government may require any dealer in petroleum to show him any place and any of the vessels in which any petroleum in his possession is stored or contained, to give him such assistance as he may require for examining the same, and to deliver to him samples of the petroleum on payment of the value of the samples. 13. When any such officer has, in exercise of the powers conferred by section 12, or by purchase, obtained a sample of petroleum in the possession of a dealer, he may give a notice in writing to the dealer informing him that he is about to test the sample, or cause it to be tested, at a time and place to be fixed in the notice, and that the dealer or his agent may be present at the testing. 14. On any such testing, if it appears to the officer or other person so testing that the petroleum from which the sample has been taken, is or is not dangerous petroleum, the officer or other person may certify the fact; and the certificate so given shall be receivable as evidence in any proceedings which may be taken under this Act against the dealer in whose possession the petroleum was found, and shall, until the contrary is proved, be proof of the fact stated therein, and a certified copy of the certificate shall be given free of charge, to the dealer at his request. 15. Whoever, Penalties. (a) in contravention of this Act or of any of the rules thereunder, imports, possesses or transports any petroleum; or (b) otherwise contravenes any such rules as aforesaid; or (c) breaks any condition contained in a license granted under this Act; or, For instance of such a notification, see Gazette of India, 1903, Pt. II, p. 130. |