Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com LIQUEFIED PETROLEUM GAS (REGULATION OF SUPPLY AND DISTRIBUTION) ORDER, 1988 CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Restriction on possession and consumption of liquefied petroleum gas 4. Restriction on storage and transport of liquefied petroleum gas in cylinders 5 . S a le or distribution of liquefied petroleum gas below the standard weight 6. Possession, supply or sale of liquefied petroleum gas equipments 7. Power of entry, search and seizure 8. Provision of the Order to prevail over previous Orders of State Government, etc SCHEDULE 1 :- Standard weight of liquefied petroleum gas in cylinder LIQUEFIED PETROLEUM GAS (REGULATION OF SUPPLY AND DISTRIBUTION) ORDER, 1988 66 . Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3(i), dated 21st April, 1988 (w.e.f. 21st April, 1988). G.S.R. 475(E), dated 8th March, 1988.-In exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order, namely : 1. Short title, extent and commencement :- (1) This Order may becalled the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988. (2) It extends to the whole of India. (3) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions :- In this Order, unless the context otherwise requires: (a) "consumer" .means a person. firm, company, institution, association of persons, co-operative society or organisation, whose name is registered with a distributor or an Oil Company, for supply of liquefied petroleum gas in cylinders; (b) "cylinder" means a metal container for storing liquefied petroleum gas and which shall conform to appropriate Indian Standard; (c) "delivery boy" means a person employed by a distributor, whether for wages or otherwise, to deliver liquefied petroleum gas in cylinders to consumers; (d) "distributor" means a person, a firm, an association of persons, a company, a corporation, institution, organisation or a co-operative society engaged in the business of purchase, sale or storage for sale of liquefied petroleum gas in cylinders, on the basis of an agreement with an Oil Company, whether or not in conjunction with any other business, his representatives, employee, agent or commission agent, but does not include an Oil Company ; (e) "gas cylinder valve" means a valve which is fitted on to a cylinder and which shall conform to appropriate Indian Standard; (f) "Indian Standard" has the same meaning as in Bureau of Indian Standards Act, 1986 ; (g) "liquefied petroleum gas" has the same meaning as in Chapter 27 of the Central Excise Tariff Act, 1986(5 of 1986) ; (h) "Oil Company" means any of the following Oil Companies, namely- (i) The Indian Oil Corporation Ltd. ; (ii) The Bharat Petroleum Corporation Ltd. ; (iii) The Hindustan Petroleum Corporation Ltd. ; (iv) The I.B.P. Company Ltd. ; (v) The Oil and Natural Gas Commission ; (vi) The Gas Authority of India Ltd.; (vii) The Oil India Ltd., or, (viii) Any other Government company or a statutory body declared to be an Oil Company by the Central Government, including person or bodies corporate operating under specific arrangements with any Oil Company ; (i) "pressure regulator" means an equipment used for regulating the flow of gas from a cylinder to a gas stove and which shall conform to appropriate Indian Standard; (j) "seal" means seal put on the valve of a cylinder by an Oil Company for the purpose of sealing a cylinder after it has been filled with liquefied petroleum gas; (k) "storage point" means the premises approved or licensed by the Chief Controller of Explosives to the Government of India ; (l) "transporter" means a person authorised by an Oil Company or a distributor for transportation of liquefied petroleum gas in cylinders and empty cylinders from the supply point of an Oil Company to its own storage point or to that of another Oil Company, or to and from any of the cylinder repairing or cylinder reconditioning unit engaged by an Oil Company or to and from the storage point of an Oil Company to the distributor, or to and from the Oil Company storage to the premises of a consumer. 3. Restriction on possession and consumption of liquefied petroleum gas :- (1) No person shall be granted by an Oil Company or a distributor more than one connection for consuming liquefied petroleum gas. (2) No person shall possess or use liquefied petroleum gas filled in cylinders or in bulk form unless he has received supply thereof from a distributor or from an Oil Company. (3) No person shall use liquefied petroleum gas except for cooking or for such other purpose as may be declared by a general or special Order by the Central Government. (4) No distributor shall supply liquefied petroleum gas filled in cylinders to any person other than a consumer possessing a valid authorisation from an Oil Company. (5) No person shall fill any cylinder with liquefied petroleum gas or fill liquefied petroleum gas from one cylinder to another or from one container to another unless authorised to do so by the Chief Controller of Explosives to the Government of India. 4. Restriction on storage and transport of liquefied petroleum gas in cylinders :- (1) No distributor, transporter or consumer shall store or transport a cylinder filled with liquefied petroleum gas except in an upright position and in a manner that it cannot be knocked over. (2) No person shall store or use or cause to be stored or use a cylinder filled with liquefied petroleum gas except in a cool, dry, well-ventilated and accessible place under cover, away from boilers, open flames, steam pipes or any potential source of heat. (3) No person, other than a consumer, shall remove a seal prior to use of the cylinder to which it is put at the place of its use, provided that a distributor or an Oil Company or their authorised representative may, if he finds any cylinder to be leaking, open such seal. (4) A consumer, a distributor and a transporter shall comply with all the safety requirements as prescribed in the Gas Cylinder Rules, 1981, while storing or transporting liquefied petroleum gas in cylinders. 5. Sale or distribution of liquefied petroleum gas below the standard weight :- No distributor shall supply, sell or distribute to a consumer liquefied petroleum gas in a cylinder which contains less than the weight of liquefied petroleum gas specified in the Schedule annexed to these rules. 6. Possession, supply or sale of liquefied petroleum gas equipments :- (1) No person shall, unless specifically authorised in this behalf by an Oil Company, supply or sell filled or empty cylinders, gas cylinder valves and pressure regulators to any person other than an Oil Company. (2) No distributor shall, unless authorised to do so by an Oil Company, supply or sell empty cylinders, gas cylinders, valves or pressure regulator to any person except a consumer. (3) No person shall possess cylinders, gas cylinder valves or pressure regulators, unless he is a consumer and the same has been supplied to him by a distributor. (4) No person shall possess a cylinder which has not been supplied by an Oil Company or by a distributor. (5) Every manufacturer of cylinders, gas cylinder valves and pressure regulators shall dispose of the items which do not conform to the respective Bureau of Indian Standards specifications after de-shaping by crushing such items. 7. Power of entry, search and seizure :- (1) An officer of the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government and notified by the Central Government, or any officer not below the rank of a Sales Officer of an Oil Company, or a person authorised by the Central Government or a State Government and notified by the Central Government may, with a view to ensuring compliance with the provisions of this Order, for the purpose of satisfying himself that this Order or any Order made thereunder has been complied with- (a) stop and search any vessel or vehicle which the officer has reason to believe has been, or is being, or is about to be used in the contravention of this Order; (b) enter or search any place with such aid or assistance as may be necessary ; (c) seize and remove with such aid or assistance as may be necessary, the entire quantity of any stock of liquefied petroleum gas in cylinders, cylinder valves and pressure regulators, along with the vehicles, vessels or any other conveyances used incarrying such stock if he has reason to suspect that any provision of this Order has been or is being or is about to be contravened in respect of such stock and thereafter take or authorise the taking of all measures necessary for securing the production of the stock of liquefied petroleum gas in cylinder, cylinders, gas cylinder valves, pressure regulators, vehicles, vessels or other conveyances so seized before the Collector having jurisdiction under the provisions of section of the Essential Commodities Act, 1955 (10 of 1955), and for their safe custody pending such production. (2) The provisions of S.100 of Code Of Criminal Procedure, 1973, relating to search and seizure shall, so far as may be apply to searches and seizures under this Order. 8. Provision of the Order to prevail over previous Orders of State Government, etc :- The provisions of this Order shall have effect notwithstanding anything to the contrary contained in any Order made by a State Government or Union Territory or by an officer of such State Government or Union Territory before the commencement of this Order except as respects anything done or omitted to be done thereunder before such commencement. SCHEDULE 1 Standard weight of liquefied petroleum gas in cylinder Capacity of cylinder Weight of liquefied petroleum gas (a) (b) 4.0 kg. The weight of the liquefied petroleum gas 5.0 kg. contained in a cylinder shall not be less by 11.2 kg. more than 1.5% of the capacity of the 14.2 kg. respective cylinder indicated at column (a). 19.0 kg. 47.5 kg. 50.0 kg.