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Petroleum Act, 1934


4. Rules for the import, transport and storage of petroleum

(a) prescribing places where petroleum may be imported and prohibiting its import elsewhere;

(b) regulating the import of petroleum;

(c) prescribing the periods within which licenses for the import of 12[petroleum Class A] shall be applied for, and providing for the disposal, by confiscation or otherwise, of any 12[petroleum Class A] in respect of which a license has not been applied for within the prescribed period or has been refused and which has not been exported;

(d) regulating the transport of petroleum;

(e) specifying the nature and condition of all receptacles and pipe-lines in which petroleum may be transported;

(f) regulating the places at which and prescribing the conditions subject to which petroleum may be stored;

(g) specifying the nature, situation and condition of all receptacles in which petroleum may be stored;

(h) prescribing the form and conditions of licenses for the import of 12[Petroleum Class A], and for the transport or storage of any petroleum, the manner in which application for such license shall be made, the authorities which may grant such licenses and the fees which may be charged for such licenses;

(i) determining in any class of cases whether a license for the transport of petroleum shall be obtained by the consignor, consignee or carrier;

(j) providing for the granting of combined licenses for the import, transport and storage of petroleum, or for any two of such purposes; 

(k) prescribing the proportion in which any specified poisonous substance may be added to petroleum, and prohibiting the import, transport or storage of petroleum in which the proportion of any specified poisonous substance exceeds the prescribed proportion; and

(l) generally, providing for any matter which in 13[its] opinion is expedient for proper control over the import, transport and storage of petroleum 14[including the charging of fees for any services rendered in connection with the import, transport and storage of petroleum.]

Comment: On a reading of sub-rule (1) of R. 151 it is. clear that a 'No objection Certificate' granted under R. 144 can be cancelled wherever the licensee ceases to have any right to use the site for storing petrol and that right could be lost by a licensee either by his tenancy or right to the use of the site coming to an end or for any other reason whereby, in law, the right to use the site for storing ceases. Yogesh Kumar v. M/s. Bharat Petroleum Corpn. Ltd., AIR 1990 SUPREME COURT 2216



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