Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000 CONTENTS 1. Short title, extent and commencement 2. Definitions 3 . Restriction on sale and use of solvents, raffinates, slops and other product 4. Power of search and seizure 5. Sampling of Product 6. Power of Central and the State Government to issue directions 6A. Amendment to Schedule. 7. Provision of the Order to prevail over previous orders of State Government SCHEDULE 1 :- SCHEDULED 1 Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000 Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 519(E), dated June 5, 2000, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th June, 2000, pp. 4-7, No. 318 {File No. P. 11013/4/98-Dist.] In exercise of the powers conferred by Section 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 Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000. (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) "automobile" means any vehicle registered with the Road Transport Authority by any person where fuel certified for use in such automobile is motor spirit, high speed diesel, liquefied petroleum gas or compressed natural gas; (b) "Government Oil Company" means an oil refining company or oil marketing company which is a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); (c) "high speed diesel" means any hydrocarbon oil (excluding mineral colza oil and turpentine substitute) which meets the requirements of Bureau of Indian Standards Specification No. IS- 1460 and is suitable for use as fuel in compression ignition engines; (d) "motor spirit" means any hydrocarbon oil (excluding crude mineral oil) which meets the requirements of Bureau of Indian Standards Specification No. IS-2796 and is suitable for use as fuel in spark ignition engines; (e) "oil company" means any person, firm or company engaged in sale of motor spirit and, or the high speed diesel to consumers and, or the dealers and authorised to do so by the Central Government; (f) "other product" means a product other than solvent, raffinate or slop as defined hereunder and or their equivalent, having the power or ability to dissolve in motor spirit and, or the high speed diesel; (g) "raffinate" means a lean solvent stream in liquid extraction process where solvent is used to separate two components in hydrocarbon mixture; 1 (gg) "Schedule" means the Schedule appended to this Order" (h) "slop" means unfinished product stream generated in any industry during unstabilised period of plant operation; 2 (i) "Solvent" means volatile fractions derived either directly or indirectly from petroleum or coal and are included in the Schedule.' 1. In Order 2, after sub-order (g), sub-order (gg) shall be inserted,by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 856(E), dated November 21, 2001, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st November, 2001, p. 2, No. 584. 2. In Order 2, ,sub-order (i) shall be substituted ,by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 856(E), dated November 21, 2001, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st November, 2001, p. 2, No. 584. 3. Restriction on sale and use of solvents, raffinates, slops and other product :- 1 (1) No person shall either acquire, store or sell solvents included in the Schedule, without a licence issued by the State Government or the District Magistrate or any other Officer authorised by the Central or the State Government: 2 "Provided that no such licence shall be required for consumption of 50 kilo litres per month or less and stock at a given time of 20 kilo litres or less of solvents listed in the Schedule combined. (2) No person shall either use or help in any manner the use of solvents, raffinates, slops or their equivalent or other product except motor spirit and high speed diesel, in any automobile: Provided that nothing in this Order shall preclude the use of such products for research purposes on automobiles. (3) Any person whosoever is engaged in the sale or trading of solvents, raffinates, slops or their equivalent and other product, either imported or indigenous, for any purpose, whatsoever, shall file end-use certificates from consumers to whom he sells and furnish customer wise sales to the District Magistrate or to the State Civil Supplies Authorities, on a quarterly basis. (4) Any person whosoever is engaged in use of solvents, raffinates, slops or their equivalent and other product, either imported or indigenous for manufacture of any petrochemicals or any other purpose shall file end-use certificates to the District Magistrate or the State Civil Supplies Authorities, on a quarterly basis. 1. In Order 3, ,sub-order (i) shall be substituted ,by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 856(E), dated November 21, 2001, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st November, 2001, p. 2, No. 584. 2. In Order 3, sub-order (1), proviso shall be substituted by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2002., Noti. No. G.S.R. 470(E), dated July 2, 2002. published in the Gazette of India, Extra., Part II, Section 3(i), dated 4th July, 2002. p. 2. No. 303. 4. Power of search and seizure :- (1) Any gazetted officer of the Central or the State Government or any police officer not below the rank of Deputy Superintendent of Police duly authorised, by genera] or special order by the Central or the State Government or any officer of a Government oil company or any other oil company authorised by the Central Government, not below the rank of Sales Officer may, with a view to securing compliance with the provisions of this Order, or for the purpose of satisfying himself that this Order or any order made thereunder has been complied with (a) enter and search any place or premises being used or suspected to be used in the business of the dealer, transporter, consumer or any other person who is an employee or agent of such dealer, transporter, consumer with respect to which there is reason to believe that the provisions of this Order have been or are being or are about to be contravened; (b) stop and search any person or vehicle or receptacle used or intended to be used for the movement of the product or using or receiving the product in contravention of this Order; (c) inspect any book of accounts or other document or any stock of the product used or suspected to be used in the business of the dealer, transporter, consumer or any other person suspected to be an employee or agent of the dealer, transporter or consumer; (d) take samples of the product and seize any of the stocks of the product which the officer has reason to believe has been or is being or is about to be used in contravention of this Order and thereafter take or authorise the taking of all measures necessary for securing the production of stocks or items so seized before the Collector having jurisdiction under the provisions of the Essential Commodities Act, 1955 and for their safe custody pending such production. (2) While exercising the power of seizure provided under sub- clause (d) of clause (1), the authorised officer shall record in writing the reasons for doing so, a copy of which shall be given to the dealer, transporter, consumer or any other concerned person. (3) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, as far as may be, apply to searches and seizures under this Order. 5. Sampling of Product :- (1) The officer authorised in Clause 4 shall draw the sample from the tank, nozzle, vehicle or receptacle, as the case may be, to check whether the provisions of this order are being or likely to be contravened. (2) The officer authorised in Clause 4 shall take, sign and seal three samples of 750 ml to 1 litre each of the product, one to be given to the concerned person under acknowledgement with instructions to preserve the sample in his safe custody till the testing and investigations are complete, the second sample shall to be kept by the concerned oil company or Department and the third to be used for laboratory analysis. (3) The samples shall be taken in clean glass or aluminium containers and no plastic containers shall be used for drawing samples. (4) The sample label should be jointly signed by the officer who has drawn the sample, and the concerned person or his representative and the label shall contain information as regards the product, place of seizure, quantity of sample, data, name and signature of the concerned person or his representative. (5) The authorised officer shall send the third sample of the product taken under sub- clause (2), within a period of ten days, to any of the laboratories specified in Schedule III of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order. 1998 for the purpose of analysis of samples to check the product. 6. Power of Central and the State Government to issue directions :- The Central Government of a State Government with the approval of the Central Government may, from time to time, by a general or special order issue to any person such directions as it considers necessary regarding storage, sale, transportation and disposal and use of product and upon the issue of such directions, such person shall be bound to comply therewith, 6A. Amendment to Schedule. :- 1 The Central Government may amend the Schedule by notification published in the Official Gazette." 1. After Order 6, ,Order 6A shall be inserted ,by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 856(E), dated November 21, 2001, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st November, 2001, p. 2, No. 584. 7. Provision of the Order to prevail over previous orders of State Government :- The provisions of this Order shall have effect notwithstanding anything to the contrary contained in any order made by a State Government or by an officer of such State Government before the commencement of this Order except as respects anything done, or omitted to be done thereunder before such commencement. SCHEDULE 1 SCHEDULED 1 6 In the the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000, In the Schedule , after serial number 15 and entries relating thereto, the following shall be inserted, namely: "(16) Benzene (17) Toluene". by the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) (Amendment) Order, 20067 After Order 7, Scheduled shall be inserted ,by Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Ministry of Petroleum and Natural Gas, Noti. No. G.S.R. 856(E), dated November 21, 2001, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st November, 2001, p. 2, No. 584. SCHEDULE [Please see sub-clause (gg) and (i') of Clause 2] (1) SBP spirits/SBP solvents (2) C-9 solvents/raffinates (3) C-6 raffinates (4) Pentane (5) Cixon (6) Solvent 90 (7) Hexane (8) Heptane (9) Resol (10) NGL (11) MTO (12) Aromex (12) Aromex (13) Iomex (14) Furnace Oil (FO) (15) Light Diesel Oil (LDO) (16) Benzene (17) Toluene