Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Andhra Pradesh (Telangana Area) Power Alcohol Act, 1350Fasli 11 of 1350F CONTENTS 1. Short Title, Extent And Commencement 2. Definitions 3. Prohibition Of Use Petroleum 4. Power Of Government To Levy Excise Duty 5. Penalty For Contravention Of Section 3 6. Proceedings Not To Be Instituted In Court With-Out Permission Of Collector Or Police Commissioner 7. Jurisdiction In Offences Under This Act 8. Power To Make Rules 9. Providing For Penalty In The Rules 10. This Act Not To Apply To Aircrafts Etc. Andhra Pradesh (Telangana Area) Power Alcohol Act, 1350Fasli 11 of 1350F Whereas it is expedient for the development of the power alcohol industry in Telangana area of the State of Andhra Pradesh to require the compulsory use of petroleum mixed with power alcohol in petroleum driven engines ; It is hereby enacted as follows.-- 1. Short Title, Extent And Commencement :- (1) This Act may be called the Andhra Pradesh (Telangana Area) Power Alcohol Act, 1350 F. and shall come into force in such areas of the Telangana area of the State of Andhra Pradesh on and from such date as the Government may, from time to time specify by notification in the Official Gazette. The Government may also by notification in the Official Gazette exclude any area in which this Act is in force from its operation. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context.-- (a) "power alcohol" means alcohol the standard of purity of which is fixed by the Government from time to time by notification in the Official Gazette; ( b ) "petroleum" means dangerous petroleum as defined in the Petroleum Act, 1934; Central Act 30 of 1934). (c) "distillery" means any factory or premises wherein power alcohol is made. 3. Prohibition Of Use Petroleum :- (1) In areas where this Act is in force no petroleum shall be sold or kept for sale or dishonestly used in any petroleum driven engine unless it is mixed with power alcohol in the proportion fixed by Government from time to time by notification in the Official Gazette; (2) For the purpose of mixing with petroleum power alcohol shall be obtained from a distillery established or recognized by Government. T he Government may, from time to time, by notification in the Official Gazette fix the price of such power alcohol. (3) The Government may, by notification in the Official Gazette prescribe the proportion in which power alcohol is to be mixed with petroleum and may, also from time to time by notification in the Official Gazette enhance or reduce such proportion. (4) If in any area in which this Act is for time being in force such officer as Government may by notification in the Official Gazette authorise, in this behalf, is satisfied that power alcohol cannot conveniently be made available in a quantity sufficient to admit of the mixture with petroleum sold, kept for sale or used, of power alcohol in the proportion for the time being prescribed, he may, notwithstanding anything contained in sub-section (1), permit the sale, keeping for sale or use of petroleum not mixed with power alcohol or mixed therewith in such proportion lower than the prescribed proportion as he may specify in this behalf. 4. Power Of Government To Levy Excise Duty :- T he Government levy excise duty on power alcohol at the rate which shall be fixed by notification in the Official Gazette. 5. Penalty For Contravention Of Section 3 :- whoever selling or keeping for sale petroleum contravenes the provisions of Section 3 shall be punished on a first contravention with fine which may extend to one thousand rupees and on contravention more than once shall, in addition to fine, be punished with imprisonment for a term which may extend to three months; and, if the person contravening dishonestly uses petroleum in petroleum-driven engines, he shall be punished with fine which may extend to two hundred and fifty rupees. 6. Proceedings Not To Be Instituted In Court With-Out Permission Of Collector Or Police Commissioner :- No proceedings under this Act shall be instituted in any Court without the permission of the Collector in the districts and of the Commissioner of Police in the City of Hyderabad. 7. Jurisdiction In Offences Under This Act :- Offences under this Act or the rules made there under, shall be bailable and shall not be tried by a Magistrate below the rank of a Magistrate of the First Class. 8. Power To Make Rules :- The Government may make rules generally for carrying out the purposes of this Act and particularly for the following matters.-- (a) prescribing the standard of purity of power alcohol and the necessary experiments for testing it in order that power alcohol when admixed with petroleum, is suitable for use in petroleum- driven engines; (b) prescribing the conditions for the transport and storage of power alcohol manufactured for admixture with petroleum; (c) prescribing the manner in which the mixture of petroleum and power alcohol shall be prepared; (d) prescribing the conditions subject to which power alcohol may be distributed for sale in the area to which this Act extends; (e) requiring the submission, by the owner of distillery and the importer and distributor of petroleum and power alcohol, of returns in the prescribed from; (f) mode of sale and use of petroleum and the powers of the authority supervising these matters; (g) determining the persons who shall discharge functions under this Act and their powers; (h) prescribing any substance to be mixed with power alcohol so as not to change its properties. 9. Providing For Penalty In The Rules :- The Government may for any contravention of the rules made under this Act provide for punishment which in case of fine shall not exceed one thousand rupees and in case of imprisonment shall not exceed simple imprisonment for three months. 10. This Act Not To Apply To Aircrafts Etc. :- Nothing herein contained shall apply to petroleum used solely for aircrafts or for military requirements.