Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com LUBRICATING OILS AND GREASES (PROCESSING, SUPPLY AND DISTRIBUTION REGULATION) ORDER, 1987 CONTENTS 1. Short title, extent and commencement 2. Definitions 3 . Restriction on processing and storage of lubricating oils and greases 4. Prohibition of business of lubricating oil or grease 5. Application for grant or renewal of a licence 5A. The declaration as to specification of lubricating oil or grease 6. Suspession of concellation of licence 7. Appeal 8. Power of entry, search and seizure 9. Power of Central Government to issue directions SCHEDULE 1 :- Names of Oil Companies SCHEDULE 2 :- Laboratories for Testing of Petroleum Products Samples LUBRICATING OILS AND GREASES (PROCESSING, SUPPLY AND DISTRIBUTION REGULATION) ORDER, 1987 11. Published in the Gazette of India, Pt. II, Sec. 3 (i), dated 28th March, 1987. 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 be called the Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Order, 1987. (2) It extends to the whole of India. (3) It shall come into force on the 1st day of April, 1987. 2. Definitions :- In this Order, unless the context otherwise requires,- (a) "competent authority" means any person or authority authorised by a State Government or a Union Territory administration by notification in the Official Gazette, to exercise the powers and to perform the functions of the competent authority under this Order for such area as may be specified in the notification ; 1 [(b) "lubricating oil or grease" means any of the products classifiable under sub- heading Nos. 2710.32, 2710.60, 2710.70, 2710.80, 2710.93, 2710.94, 2710. 95, 2710.99 or heading No. 3403.00 of the Schedule to Central Excise Tariff Act, 1985 ; (c) "processor" means any person carrying on or proposing to carry on the business of manufacturing, blending, packaging, re-refining, sale or resale of any lubricating oil or grease and includes a representative or agent of such processor but does not include the oil companies specified in Schedule I appended to this Order;] (d) without prejudice to the meaning assigned to "adulteration" under Prevention of Food Adulteration Act, 1954 , any lubricating oil or grease shall be deemed to be adulterated if the same does not meet the specifications 1 [declared by or applicable to the processor;] 1. Subs. by G.S.R. 373 (E), dated 27th March, 1988 (w.e.f. 1st April, 1988). 3. Restriction on processing and storage of lubricating oils and greases :- No person shall carry on the business of processor except under and in accordance with the terms and conditions of a valid licence granted to him under this Order. 4. Prohibition of business of lubricating oil or grease :- 1 No person shall carry on the business of manufacturing, blending, packaging, re-refining, selling or transporting for sale any lubricating oil or grease which has been adulterated.] 1. Ins by G.S.R. 373 (E). 5. Application for grant or renewal of a licence :- 1[ (1) Any person desiring to carry on the business of a processor, other than a seller or a re-seller, shall make an application in From 1 and every seller or re-seller shall make an application in Form 1-A specified in Schedule I appended to this Order to the competent authority, together with a fee of rupees twenty-five.] (2) On receipt of an application under sub-clause (1) the competent authority after making such enquiry as it considers necessary, shall by Order in writing, either grant or renew the licence in Form 2 1[or as the case may be. Form 2-A specified in Schedule I appended to this Order] or refuse to grant or renew the same. (3) Where the competent authority refuses to grant or renew a licence it shall record the reasons for so doing and a copy of the reasons so recorded shall be furnished to the (4) In granting or refusing to grant or renew 3[a licence in Form I specified in Schedule I appended to this Order] the competent authority shall have regard to matters such as the following, namely : (a) the existing or proposed facilities for manufacturing and testing 4[lubricating oil or grease]; (b) the availability of base stocks, raw materials and additives for manufacturing 3[lubricating oil or grease] ; and (c) the types and specifications of 3[lubricating oil or grease] which the processor is manufacturing or proposing to manufacture. 3[(5) All existing processors shall obtain the licence under this Order by the 8 [31st day of June, 1988.] (6) An application for the renewal of licence shall be made three months before the date of expiry of the existing licence. 1. Subs. by G.S.R. 373 (E), dated 27th March, 1988 (w.e.f. 1st April, 1988). 3. Ins. by G.S.R. 373 (E), dated 24th March, 1988 (w.e.f. 1st April, 1988). 4. Subs. by G.S.R. 728, dated 22nd September, 1987. 8. Subs. by G.S.R. 373 (E), dated 24th March, 1988 (w.e.f. 1st April, 1988). 5A. The declaration as to specification of lubricating oil or grease :- (1) Every processor who is neither carrying on nor proposing to carry on business of re-refining of lubricating oil or grease shall make a declaration as to the specification of such lubricating oil or grease and shall conform to such specifications. (2) Every processor who is carrying on, or proposing to carry on the business of re- refining of lubricating oil or grease,- (a) if such re-fining is being undertaken under a licence issued under Section 15 of the Bureau of Indian Standards Act, 1986 , shall conform to the Standard Mark specified under the said Act; (b) if such re-refining is being undertaken other than under a licence referred to in sub-clause (a), shall make a declaration as to the specification of such lubricating oil or grease and shall conform to such specifications : Provided that the requirements of sub- clause (b) shall not be applicable to the re- refiners of re-refined base oil if such re-refiners sell such base oil only to major users or to one of the oil companies specified in Schedule I. 6. Suspession of concellation of licence :- The competent authority may, without prejudice to any other action that may be taken against a processor under the Essential Commodities Act, 1955 (10 of 1955), by Order in writing 1[suspend or cancel] a licence for breach of any of the terms and conditions of the licence and a copy of the Order shall be furnished to the processor : Provided that no licence shall be 2 [suspended or canceled] under this clause unless the processor has been given reasonable opportunity of being heard in the matter. 1. Subs. by G.S.R. 373 (E), dated 24th March, 1988 (w.e.f. 1st April, 1988). 2. Subs. by G.S.R. 728, dated 22nd September, 1987. 7. Appeal :- Any person aggrieved by an Order made by the competent authority under Cl. 5 or under Cl. 6 may, within thirty days of the receipt of a copy of the Order by him, prefer an appeal to the Slate Government and the State Government may after giving applicant a n opportunity of being heard confirm, reverse or modify such Order. 8. Power of entry, search and seizure :- Any police officer not below the rank of an Inspector of Police], authorised in this behalf by the Central Government or a State Government may, with a view to securing compliance with this Order or to satisfying himself that this Order or any Order made thereunder has been complied with (a) enter and search any place, premises, vessel or vehicle which the officer has reason to believe, has been, or is about to be, used for the contravention of this Order. (b) seize- (i) stocks of lubricating oils, greases and processing equipments, (ii) any package, covering or receptacle in which lubricating oils and greases are found, and (iii) any animal, vehicle, vessel or other conveyance used in carrying lubricating oils and greases, which the officer has reason to believe has been, or is being or is about to be used for the contravention of this Order; (c) send samples of any lubricating oil or grease seized under sub- paragraph (i) of paragraph (b) to any of the laboratories mentioned in Schedule II appended to this Order, for analysis with a view to knowing the nature and extent of adulteration. (2) The provision of S.100 Code Of Criminal Procedure, 1973, relating to search and seizure shall, as far as may, apply to searches and seizures under this Order. 9. Power of Central Government to issue directions :- The Central Government may, from time to time, by general or special Order, issue to any processor such directions as it considers necessary regarding the processing, storage, transport and disposal of [lubricating oil or grease] and upon the issue of such directions, such processor shall be bound to comply therewith. SCHEDULE 1 Names of Oil Companies SCHEDULE 2 Laboratories for Testing of Petroleum Products Samples (Subject to the availability of requisite facilities) Hindustan Petroleum Corporation Ltd., Laboratories (1) Hindustan Petroleum Corpn. Ltd., Fuels Refinery Division Laboratory, Corridor Road, Mahul, Bombay-400 074. (2) Hindustan Petroleum Corpn. Ltd., Lubes Refinery Laboratory, Corridor Road, Mahul, Bombay-400 074 (3) Hindustan Petroleum Corpn. Ltd., Visakh Refinery Laboratory, P.O. Box 50. Vishakhapatnam-530 001. (4) Hindustan Petroleum Corpn. Ltd., Mazagaon Laboratory, Haybunder Road, Bombay-400 033. (5) Hindustan Petroleum Corpn. Ltd., Budge Budge Laboratory, Budge Budge, 24, Parganas, West Bengal-743 319. (6) Hindustan Petroleum Corpn. Ltd., Laboratory, 98/99 Elaya Mudali Street, P. 0. Box No. 1170. Washermanpet P.O. Madras. (7) Hindustan Petroleum Corpn. Ltd., Laboratory, Rohtak Road, Shakurbasti, Delhi-110 056. (8) Hindustan Petroleum Corpn. Ltd., Laboratory, P. B. No. 43. Gandhidham (Kachchh)- 370 201. (9) Handustan Petroleum Corpn. Ltd., Vasco Terminal Laboratory, P. B. No. 48, Vasco Da Gama, Goa. (10) Hindustan Petroleum Corpn. Ltd., Emakulam Terminal Laboratory, P. B. No. 2611, Emakulam, Cochin-682 031. (11) Hindustan Petroleum Corpn. Ltd., Loni Terminal Laboratory, Loni Kalbhor, Pune-412 201. Indian Oil Corporation limited Laboratories (12) Indian Oil Corpn. Ltd., (Marketing Division), Allahabad Laboratory, Post Box No. 41, Allahabad- 221 001. (13) Indian Oil Corpn. Ltd., Ambala Laboratory, G.T. Road, Pipeline Terminal, Ambala Cantonment, Pin-133 001 (Haryana). (14) Indian Oil Corpn. Ltd., Jalandhar Laboratory, Suchipind, Jalandhar City-144 009. (15) Indian Oil Corpn. Ltd., Mughalsarai Laboratory, Mlighalsarai- 232101 (16) Indian Oil Corpn. Ltd., Haldia Laboratory, P.O. Haldia Refinery. Dist. Midnapur (West Bengal). (17) Indian Oil Corpn. Ltd., Port Blair Laboratory, Andaman and-Nicobar Islands, Port Blair. (18) Indian Oil Corpn. Ltd., Bangalore Laboratory, Banasawadi Road, M. S. Nagar, Bangalore-560 033. (19) Indian Oil Corpn. Ltd., Antop Hill Laboratory, Antop Hill, Wadala, Bombay-400 031. (20) Indian Oil Corpn. Ltd., Shakurbasti Laboratory, Opp. Shivaji Park, Shakurbasti, Delhi-110 056. (21) Indian Oil Corpn. Ltd., Delhi Terminal Laboratory, Gurgaon Road, Bijwasan, New Delhi. (22) Indian Oil Corpn. Ltd., Calcutta Airport Terminal Laboratory, (Dum Dum Airport), Calcutta Airport, Calcutta-700 052. (23) Indian Oil Corpn. Ltd., Korkupet Laboratory, Kathiavakkarn High Road, Madras-600 021. (24) Indian Oil Corpn. Ltd., Laboratory, Railway Colony Post, Ahmedabad-380 019. (25) Indian Oil Corpn. Ltd., Rajabandh Terminal Laboratory, Durgapur-713 212. (26) Indian Oil Corpn. Ltd., Laboratory, Sipara, Post: Persav, Poon Poon, Patna. (27) Indian Oil Corpn. Ltd., Laboratory, Near New Jalpaiguri Station, Post :Siliguri-734 401. (28) Indian Oil Corpn. Ltd., Laboratory, Village: Panchpara, P. O. Radhadashi, Dist. Howrah. (29) Indian Oil Corpn. Ltd., Laboratory, Ranambur, Mangalore, Pin- 575 010. (30) Indian Oil Corpn. Ltd., Laboratory, Wellington Islands, P. B. No. 35, Cochin-682 003. (31) Indian Oil Corpn. Ltd., Naphtha Terminal Project Laboratory, Opp. United Salt Works, Kandla Port-Post Office, Kandla (Kutch). (32) Indian Oil Corpn. Ltd., Laboratory, P. B. No. 154. Vasco-D- Gama, Goa-403 001. (33) Indian Oil Corpn. Ltd., Laboratory, Malkapuram Post Office, Vishakhapatnam-530 001. (34) Indian Oil Corpn. Ltd., Laboratory, Tuticorin Harbour Project Premises, Tuticorin-628 004. (35) Indian Oil Corpn. Ltd;, Laboratory, Post Office Armapore, Kanpur- 208 009. (36) Indian Oil Corpn. Ltd., Laboratory, 24 Parganas, Budge Budge-743 319. (37) Indian Oil Corpn. Ltd., Laboratory, Post Office Patch Bagh, Industrial Estate, Sannath Nagar, Hyderabad 500 018. (38) Indian Oil Corpn. Ltd., Mathura Refinery Laboratory, P. O. Mathura Refinery, Mathura- 281 005 (U.P.). (39) Indian Oil Corpn. Ltd., Barauni Oil Refinery Laboratory, Dist. Begusarai-851112 (Bihar). (40) Indian Oil Corpn. Ltd., Haldia Oil Refinery Laboratory, Dist. Midnapur 721 606, (West Bengal). (41) Indian Oil Corpn. Ltd., Gauhati Oil Refinery Laboratory, P. 0. Noonmati, Gauhati-781 020 (Assam). (42) Indian Oil Corpn. Ltd., Gujarati Oil Refinery Laboratory, P. 0. Jawaharnagar, Dist. Vadodra-391320. (43) Indian Oil Corpn. Ltd., (Assam Oil Division), (Digboi Refinery Laboratory, P. 0. Digboi, Assam-786 171. (44) Indian Oil Corpn. Ltd., (R. and D Centre), Sector 13, Faridabad- 121001 (Haryana). (45) Indian Oil Blending Ltd., Laboratory, "Pir Pail" Trombay, Bombay-400 074. (46) Indian Oil Blending Ltd., Laboratory, Ennore High Road, Tondiarpeth, Thiruvottiyur Post, Madras-600 081. (47) Indian Oil Blending Ltd., Laboratory, P. 68, C.G.R. Diversion Road, Paharpur, Calcutta-700043. Bharat Petroleum Corporation Ltd., Laboratories (48) Bharat Petroleum Corpn. Ltd., Refinery Laboratory, Refinery Site, Mahul, Bombay-400 074. (49) Bharat Petroleum Corpn. Ltd., R and D Centre Refinery Site Laboratory, Mahul, Bombay-400 074. (50) Bharat Petroleum Corpn. Ltd., Budge Budge Installation Lab., Budge Budge, P. 0. Budge Budge, Dist. 24 Parganas, West Bengal-743 319. (51) Bharat Petroleum Corpn. Ltd., Tondiarpet Installation Lab., Tondiarpel, P. B. No. 1152, Madras-600 001. (52) Bharat Petroleum Corpn. Ltd., Shakurbasti Installation Lab., Shakurbasti, Delhi-110 056. I.B.P. Co. Limited Laboratory (53) Research and Development Laboratory, I.B.P. Co. Ltd., Manesar Village, Distt. Gurgaon, Haryana. Mobile Laboratories of Oil Companies (54) Mobile Laboratories of Oil Companies, (I.O.C., B.P.C., I.R.P. Co. and H.P.C.). (55) Bongaigaon Oil Refinery Ltd., Refinery Laboratory, P. O. New Bongaigaon, Distt. Kokarjhan, Assam. (56) Madras Refinery Laboratory, Madras Refineries Ltd., Manali, Madras--600 019. (57) Cochin Refinery Ltd., Refinery Laboratory, Post: Ambalamugal, Cochin-682 302. Government Laboratories (58) Director of Airworthiness, Civil Aviation Deptt. Laboratory, Block II/III East, R. K. Puram, New Delhi-110 066. (59) National Test House, 11/1, Judges Court Road, Alipore, Calcutta-27. (60) National Physical Laboratory, Pusa, New Delhi-110 021. Defence Laboratories (61) Chief Inspectorate of Materials, Inspectorate General of Stores Laboratory, I.G.S. Kanpur, . P. B. No. 229, Kanpur. (62) Inspectorate General Stores Laboratory (I.G.S .L.), D.G.I. Complex, Madras-600 114. (63) Inspectorate General of Stores Laboratory, D.G.I. Complex, Hastings, Calcutta-700 002. (64) Inspectorate General of Stores Laboratory, D.G. I. Complex, Vikhroli, Bombay- 400 083. (65) Indian Institute of Petroleum, Dehra Dun-248 005. (66) Indian Institute of Technology, Guindy, Madras. (67) Indian Institute of Technology, Hauz Khas, New Delhi. (68) Indian Institute of Technology, Powai, Bombay. (69) Indian Institute of Technology, Kharagpur. (70) Regional Research Laboratory, Uppal Road, Hyderabad-500 007. (71) (Forensic Laboratories States/U.T's.).