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THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION BILL, 2009
A
BILL
to provide for free and compulsory education to all children of the age of six to fourteen years.
BE it enacted by the Senate in the Seventh Year of Kshitij as follows:
CHAPTER I
PRELIMINARY
1.(1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2008.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.
2. In this Act, unless the context otherwise requires,
(a) "appropriate Government" means
(i) in relation to a school established, owned or controlled by the Central Government, or the
administrator of the Union territory, having no legislature, the Central Government;
(ii) in relation to a school, other than the school referred to in sub-clause (i), established within
the territory of
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of that Union territory;
(b) "capitation fee" means any kind of donation or contribution or payment other than the fee
notified by the school;
(c) "child" means a male or female child of the age of six to fourteen years;
(d) "child belonging to disadvantaged group" means a child belonging to the scheduled caste, the
scheduled tribe, the socially and educationally backward class or such other group having disadvantage
owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be
specified by the appropriate Government, by notification;
(e) "child belonging to weaker section" means a child belonging to such parent or guardian whose
annual income is lower than the minimum limit specified by the appropriate Government, by
notification;
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(f) "elementary education" means the education from first class to eighth class;
(g) "guardian", in relation to a child, means a person having the care and custody of that child and
includes a natural guardian or guardian appointed or declared by a court or a statute;
(h) "local authority" means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar
Panchayat or Panchayat, by whatever name called, and includes such other authority or body having
administrative control over the school or empowered by or under any law for the time being in force to
function as a local authority in any city, town or village;
(i) "National Commission for Protection of Child Rights" means the National Commission for
Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights
Act, 2005;
(j) "notification" means a notification published in the Official Gazette;
(k) "parent" means either the natural or step or adoptive father or mother of a child;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "Schedule" means the Schedule annexed to this Act;
(n) "School" means any recognized school imparting elementary education and includes
(i) a school established, owned or controlled by the appropriate Government or a local
authority;
(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the
appropriate Government or the local authority;
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the
appropriate Government or the local authority;
(o) "screening procedure" means the method of selection for admission of a child, in preference over
another, other than a random method;
(p) "specified category", in relation to a school, means a school known as Kendriya Vidyalaya,
Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be
specified, by notification, by the appropriate Government;
(q) "State Commission for Protection of Child Rights" means the State Commission for Protection of
Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005.
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CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3.(1) Every child of the age of six to fourteen years shall have a right to free and compulsory education
in a neighborhood school till completion of elementary education.
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or
expenses which may prevent him or her from pursuing and completing the elementary education:
Provided that a child suffering from disability, as defined in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996, shall have the right to
pursue free and compulsory elementary education in accordance with the provisions of Chapter V of the
said Act.
4. Where a child above six years of age has not been admitted in any school or though admitted, could
not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to
his or her age:
Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she
shall, in order to be at par with others, have a right to receive special training, in such manner, and
within such time-limits, as may be prescribed:
Provided further that a child so admitted to elementary education shall be entitled to free education till
completion of elementary education even after fourteen years
5.(1) Where in a school, there is no provision for completion of elementary education, a child shall have
a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) ofclause (n) of section 2, for completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a State or outside, for
any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the
school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her
elementary education.
(3) For seeking admission in such other school, the Head teacher or in-charge of the school where
such child was last admitted, shall immediately issue the transfer certificate:
Provided that delay in producing transfer certificate shall not be a ground for either delaying or denyingadmission in such other school:
Provided further that the Head teacher or in-charge of the school delaying issuance of transfer
certificate shall be liable for disciplinary action under the service rules applicable to him or her
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CHAPTER III
DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS
6. (1) The Central Government and the State Government shall have concurrent responsibility for
providing funds for carrying out the provisions of this Act.
(2)The Central Government shall prepare the estimates of capital and recurring expenditure for the
implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-in-aid of revenues,
such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time,
in consultation with the State Governments.
(4) The Central Government may make a request to the President to make a reference to the
Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for
additional resources to be provided to any State Government so that the said State Government mayprovide its share of funds for carrying out the provisions of the Act.
(5) Notwithstanding anything contained in sub-section (4), the State Government shall, taking into
consideration the sums provided by the Central Government to a State Government under sub-
section (3), and its other resources, be responsible to provide funds for implementation of the
provisions of the Act.
(6) The Central Government shall
(a) develop a framework of national curriculum with the help of academic authority specified
under section 24;
(b) develop and enforce standards for training of teachers;
(c) provide technical support and resources to the State Government for promoting innovations,
researches, planning and capacity building.
7.The appropriate Government shall
(a) provide free and compulsory elementary education to every child:
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school
other than a school established, owned, controlled or substantially financed by funds provided directlyor indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, as the case may be, shall
not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of
the child in such other school.
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Explanation The term "compulsory education" means obligation of the appropriate Government to
(i) provide free elementary education to every child of the age of six to fourteen years; and
(ii) ensure compulsory admission, attendance and completion of elementary education by every
child of the age of six to fourteen years;
(b) ensure availability of a neighborhood school as specified in section 6;
(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged
group are not discriminated against and prevented from pursuing and completing elementary education
on any grounds;
(d) provide infrastructure including school building, teaching staff and learning equipment;
(e) provide special training facility specified in section 4;
(f) ensure and monitor admission, attendance and completion of elementary education byevery child;
(g) ensure good quality elementary education conforming to the standards and norms specified
in the Schedule;
(h) ensure timely prescribing of curriculum and courses of study for elementary education; and
(i) provide training facility for teachers.
8. Every local authority shall
(a) provide free and compulsory elementary education to every child:
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school
other than a school established, owned, controlled or substantially financed by funds provided directly
or indirectly by the appropriate Government or a local authority, such child or his or her parents or
guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure
incurred on elementary education of the child in such other school;
(b) ensure availability of a neighborhood school as specified in section 6;
(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged
group are not discriminated against and prevented from pursuing and completing elementary education
on any grounds;
(d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in
such manner as may be prescribed;
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(e) ensure and monitor admission, attendance and completion of elementary education by every child
residing within its jurisdiction;
(f) provide infrastructure including school building, teaching staff and learning material;
(g) provide special training facility specified in section 4;
(h) ensure good quality elementary education conforming to the standards and norms specified
in the Schedule;
(i) ensure timely prescribing of curriculum and courses of study for elementary education;
(j) provide training facility for teachers;
(k) ensure admission of children of migrant families;
(l) monitor functioning of schools within its jurisdiction; and
(m) decide the academic calendar.
9. It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or
ward, as the case may be, to an elementary education in the neighborhood school.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
10.(1) For the purposes of this Act, a school,
(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory
elementary education to all children admitted therein;
(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory
elementary education to such proportion of children admitted therein as its annual recurring aid or
grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to theextent of at least twenty-five per cent of the strength of that class, children belonging to weaker section
and disadvantaged group in the neighborhood and provide free and compulsory elementary education
till its completion:
Provided further that where a school specified in clause (n) of section 2 imparts pre-school education,
the provisions of clauses (a) to (c) shall apply for admission to such pre-school education
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(2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory
elementary education as specified in clause (c) of sub-section (1) shall be reimbursed expenditure so
incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged
from the child, whichever is less, in such manner as may be prescribed:
Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school specifiedin sub-clause (i) of clause (n) of section 2:
Provided further that where such school is already under obligation to provide free education to a
specified number of children on account of it having received any land, building, equipment or other
facilities, either free of cost or at a concessional rate, such school shall not be entitled for
reimbursement to the extent of such obligation.
(3) Every school shall provide such information as may be required by the appropriate Government
or the local authority, as the case may be.
11. (1) No school or person shall, while admitting a child, collect any capitation fee and subject the child
or his or her parents or guardian to any screening procedure.
(2) Any school or person, if in contravention of the provisions of sub-section (1),
(a) receives capitation fee, shall be punishable with fine which may extend to ten times the
capitation fee charged;
(b) subjects a child to screening procedure, shall be punishable with fine which may extend to
twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent
contraventions.
12.(1) For the purposes of admission to elementary education, the age of a child shall be determined on
the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and
Marriages Registration Act, 1886 or on the basis of such other document, as may be prescribed.
(2) No child shall be denied admission in a school for lack of age proof.
13. A child shall be admitted in a school at the commencement of the academic year or within such
extended period as may be prescribed:
Provided that no child shall be denied admission if such admission is sought subsequent to the extended
period:
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Provided further that any child admitted after the extended period shall complete his studies in such
manner as may be prescribed by the appropriate Government
14. No child admitted in a school shall be held back in any class or expelled from school till the
completion of elementary education.
15.(1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under
the service rules applicable to such person.
16. (1) Any person possessing such minimum qualifications, as laid down by an academic authority,authorized by the Central Government, by notification, shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses or training in teacher
education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not
available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax
the minimum qualifications required for appointment as a teacher, for such period, not exceeding five
years, as may be specified in that notification:
Provided that a teacher who, at the commencement of this Act, does not possess minimum
qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a
period of five years.
(3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be
such as may prescribed.
17.(1) A teacher appointed shall perform the following duties, namely:
(a) maintain regularity and punctuality in attending school;
(b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of
section 24;
(c) complete entire curriculum within the specified time;
(d) assess the learning ability of each child and accordingly supplement additional instructions, if
any, as required;
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(e) hold regular meetings with parents and guardians and apprise them about the regularity in
attendance, ability to learn, progress made in learning and any other relevant information about the
child; and
(f) perform such other duties as may be prescribed.
(2) A teacher committing default in performance of duties specified in sub-section (1), shall be liable
to disciplinary action under the service rules applicable to him or her:
Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be
afforded to such teacher.
(3) The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed.
18.(1) Within six months from the date of commencement of this Act, the appropriate Government and
the local authority shall ensure that the Pupil-Teacher Ratio, as may be prescribed, is maintained in each
school.
(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted
in a school shall be made to serve in any other school or office or deployed for any non-educational
purpose, other than those specified in section 20.
19. The appointing authority, in relation to a school established, owned, controlled or substantially
financed by funds provided directly or indirectly by the appropriate Government or by a local authority,
shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent of the
total sanctioned strength.
20. No teacher shall be deployed for any non-educational purposes other than the decennial population
census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures
or Parliament, as the case may be.
21. No teacher shall engage himself or herself in private tuition or private teaching activity.
CHAPTER V
CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION
22.(1) The curriculum and the evaluation procedure for elementary education shall be laid down by an
academic authority to be specified by the appropriate Government, by notification.
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(2) The academic authority, while laying down the curriculum and the evaluation procedure under
sub-section (1), shall take into consideration the following, namely:
(a) conformity with the values enshrined in the Constitution;
(b) all round development of the child;
(c) building up child's knowledge, potentiality and talent;
(d) development of physical and mental abilities to the fullest extent;
(e) learning through activities, discovery and exploration in a child friendly and child-centered
manner;
(f) medium of instructions shall, as far as practicable, be in child's mother tongue;
(g) making the child free of fear, trauma and anxiety and helping the child to express views
freely;
(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or
her ability to apply the same.
23.(1) No child shall be required to pass any Board examination till completion of elementary education.
(2) Every child completing his elementary education shall be awarded a certificate, in such form and
in such manner, as may be prescribed.
CHAPTER VI
PROTECTION OF RIGHT OF CHILDREN
24. (1) The National Commission for Protection of Child Rights constituted under section 3, or, as the
case may be, the State Commission for Protection of Child Rights constituted under section 15, of the
Commissions for Protection of Child Rights Act, 2005, shall, in addition to the functions assigned to
them under that Act, also perform the following functions, namely:
(a) examine and review the safeguards for rights provided by or under this Act and recommend
measures for their effective implementation;
(b) inquire into complaints relating to child's right to free and compulsory education; and
(c) take necessary steps as provided under sections 13 and 17 of the said Commissions for
Protection of Child Rights Act.
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(2) The said Commissions shall, while inquiring into any matters relating to child's right to free and
compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them
respectively under sections 12 and 17 of the said Commissions for Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights has not been constituted in a State,
the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to(c) of sub-section (1), constitute such authority, in such manner and subject to such terms and
conditions, as may be prescribed.
25.(1) Notwithstanding anything contained in section 24, any person having any grievance relating to
the right of a child under this Act may make a written complaint to the local authority having
jurisdiction.
(2) After receiving the complaint under sub-section (1), the local authority shall decide the matter as
early as possible after affording a reasonable opportunity of being heard to the parties concerned.
(3) Any person aggrieved by the decision of the local authority may prefer an appeal to the State
Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section
24, as the case may be.
(4) The appeal preferred under sub-section (3) shall be decided by State Commission for Protection
of Child Rights or the authority prescribed under sub-section (3) of section 24, as the case may be, as
provided under clause (c) of sub-section (1) of section 24.
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THE PETROLEUM ACT, 2009A
BILL
to consolidate and amend the law relating to the import, transport, storage, production, refining and
blending of petroleum.
BE it enacted by the Senate in the Seventh Year of Kshitij as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Petroleum Act,2009.
(2) It extends to the whole of India
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,-
(a) "petroleum" means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable
mixture (liquid, viscous or solid) containing any liquid hydrocarbon;
(b) (i) "petroleum Class A" means petroleum having a flash-point below twenty-three degrees
Centigrade;
(ii) "petroleum Class B" means petroleum having a flash-point of twenty-three degrees
Centigrade and above but below sixty-five degrees Centigrade(iii) "petroleum Class" means petroleum having a flash-point of sixty-five degrees Centigrade
and above but below ninety-three degrees Centigrade;
(c) "flash-point" of any petroleum means the lowest temperature at which it yields a vapor which
will give a momentary flash when ignited, determined in accordance with the provisions of Chapter II
and the rules made thereunder;
(d) "to transport petroleum" means to move petroleum from one place to another in India and
includes moving from one place to another in India across a territory which is not part of India;
(e) "to import" petroleum means to bring it into India by land, sea or air, otherwise than during the
course of transport;
(f) "to store" petroleum means to keep it in any one place, but does not include any detention
happening during the ordinary course of transport;(g) "motor conveyance" means any vehicle, vessel or aircraft for the conveyance of human beings,
animals or goods, by land, water or air, in which petroleum is used to generate the motive power;
(h)"prescribed" means prescribed by rules made under this Act.
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CHAPTER II
CONTROL OVER PETROLEUM
3. Import, transport and storage of petroleum
(1) No one shall import, transport or store any petroleum save in accordance with the rules made
under section 4.
(2) Save in accordance with the conditions of any license for the purpose which he may be required
to obtain by rules made under section 4, no one shall import petroleum Class A and no one shall
transport or store any petroleum.
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 petroleum Class A shall be applied
for, and providing for the disposal, by confiscation or otherwise, of any 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 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 beobtained 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 its opinion is expedient for proper control over the
import, transport and storage of petroleum including the charging of fees for any services rendered in
connection with the import, transport and storage of petroleum.
5. Production, refining and blending of petroleum.
(1) No one shall produce, refine or blend petroleum save in accordance with the rules made
under sub-section (2).
(2) The Central Government may make rules
(a) prescribing the conditions subject to which petroleum may be produced, refined or
blended; and
(b) regulating the removal of petroleum from places where it is produced, refined or blended
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and preventing the storage therein and removal therefrom, except as petroleum Class A of any
petroleum which has not satisfied the prescribed tests.
6. Receptacles of dangerous petroleum to show a warning
All receptacles containing petroleum Class A shall have a stamped, embossed, painted or printed
warning, either on the receptacle itself or, where that is impracticable, displayed near the receptacle,
exhibiting in conspicuous characters the words "Petrol" or "Motor Spirit", or an equivalent warning of
the dangerous nature of the petroleum:
Provided that this section shall not apply to-
(a) any securely stopped glass, stoneware or metal receptacle of less than ten liters capacity
containing petroleum Class A which is not for sale, or
(b) a tank incorporated in motor conveyance, or attached to an internal combustion engine, and
containing petroleum intended to be used to generate motive power for the motor conveyance or
engine, or
(c) a pipe-line for the transport of petroleum, or
(d) any tank which is wholly underground, or
(e) any class of receptacles which the Central Government may, by notification in the OfficialGazette, exempt from the operation of this section.
7. No license needed for transport or storage of limited quantities of petroleum Class B or
petroleum Class C
Notwithstanding anything contained in this Chapter, a person need not obtain a license for the
transport or storage of
(i) petroleum Class B if the total quantity in his possession at any one place does not exceed two
thousand and five hundred liters and none of it is contained in a receptacle exceeding one thousand
liters in capacity; or
(ii) petroleum Class C if the total quantity in his possession at any one place does not exceed forty-
five thousand liters and such petroleum is transported or stored in accordance with the rules madeunder section 4.
8. No license needed for import, transport or storage of small quantities of petroleum Class A
(1) Notwithstanding anything contained in this Chapter, a person need not obtain a license for the
import, transport or storage of petroleum Class A not intended for sale if the total quantity in his
possession does not exceed thirty liters.
(2) Petroleum Class A possessed without a license under this section shall be kept in securely
stoppered receptacles of glass, stoneware or metal which shall not, in case of receptacles of glass or
stoneware, exceed one liter in capacity or, in the case of receptacles of metal, exceed twenty-five
liters in capacity.
9. Exemptions for motor conveyances and stationary engines
(1) The owner of a motor conveyance, who complies with the requirements of the law for the time
being in force relating to the registration and licensing of such conveyance and its driver or pilot and
the owner of any stationary internal combustion engine, shall not be required to obtain a license-
(a) for the import, transport or storage of any petroleum contained in any fuel tank incorporated in
the conveyance or attached to the internal combustion engine, or
(b) for the transport or storage of petroleum Class A, not exceeding one hundred liters in quantity in
addition to any quantity possessed under clause (a),
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Provided the petroleum is intended to be used to generate motive power for the motor conveyance or
engine:
Provided further that the total quantity of petroleum Class A which may be stored without a license
under clause (b) shall not exceed one hundred liters, notwithstanding that such owner may possess
other motor conveyances or engines
(2) Petroleum Class A transported or stored without a license under clause (b) of sub-section (1)
shall be kept in sub-section (2) of section 8, and, if it exceeds thirty liters in quantity, shall be stored in
an isolated place which does not communicate with any room where any person resides or works or
in any room where persons assemble.
10. No license needed by railway administration acting as carrier
Notwithstanding anything contained in this Chapter, a railway administration, as defined in section 3 of
the Indian Railway Act, 1890, need not obtain any license for the import or transport of any petroleum
in its capacity as carrier.
11. Exemption of heavy oils
Nothing in this Chapter shall apply to any petroleum which has its flash-point not below ninety-three
degrees Centigrade.
12. General power of exemption
The central Government may, by notification in the Official Gazette, exempt any petroleum
specified in the notification from all or any of the provisions of this Chapter.
13. Inspection of places
(1) The Central Government may authorize any officer by name or by virtue of office to enter any
place where petroleum is being imported, stored, produced, refined or blended, or is under transport,
and inspect all receptacles, plant and appliances used in connection with petroleum in order to
ascertain if they are in accordance with the provisions of this Chapter and the rules made thereunder.
(2) The Central Government may make rules regulating the procedure of offices authorized under
this section.
CHAPTER III
THE TESTING OF PETROLEUM
14. Inspection and sampling of petroleum
(1) The Central Government may, by notification in the Official Gazette, authorize any officer by
name or by virtue of office to enter any place where petroleum is being imported, transported, stored,
produced, refined or blended and to inspect and take samples for testing of any petroleum found
therein.(2) The Central Government may make rules-
(a) regulating the taking of samples of petroleum for testing,
(b) determining the cases in which payment shall be made for the value of samples taken,
and the mode of payment, and
(c) generally, regulating the procedure of officers exercising powers under this section.
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15. Standard Test Apparatus
(1) A standard apparatus for determining the flash-point of petroleum shall be deposited with an
officer to be appointed in this behalf by the Central Government, by notification in the Official Gazette.
(2) Such apparatus shall be engraved with the words "Standard Test Apparatus", and shall be
verified and corrected from time to time and replaced when necessary, in accordance with rules made
under section 21.
(3) The Standard Test Apparatus shall, on payment of the prescribed fee, be open to inspection at
all reasonable times by person wishing to inspect it.
16. Certification of other test apparatus
(1) The officer appointed under section15 shall, on payment of the prescribed fee, if any, compare
with the Standard Test Apparatus any apparatus for determining the flash-point of petroleum which
may be submitted to him for this purpose.
(2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed
limits, the officer shall engrave such apparatus with a special number and with the date of the
comparison, and shall give a certificate in respect of it in the prescribed form, certifying that on the
said date the apparatus was compared with the Standard Test Apparatus and was found to agree with
it within the prescribed limits, and specifying any corrections to be made in the results of tests carriedout with the apparatus.
(3) A certificate granted under this section shall be valid for such period as may be prescribed.
(4) A certificate granted under this section shall, during the period for which it is valid, be proof,
until the contrary is proved, of any matter stated therein.
(5) The officer shall keep a register in the prescribed form of all certificates granted by him under this
section.
17. Testing Officer
The Central Government may authorize any officer by name or by virtue of office to test petroleum of
which samples have been taken under this Act, or which may have been submitted to him for test by
any person, and to grant certificates of the results of such tests.
18. Manner of test
All tests of petroleum made under this Act shall be made with a test apparatus in respect of which there
is a valid certificate under section 16, shall have due regard to any correction specified in that certificate,
and shall be carried out in accordance with rules made under section 21.
19. Certificate of testing
(1) The testing officer after testing samples of petroleum shall make out a certificate in the
prescribed form, stating whether the petroleum is petroleum Class A or petroleum Class B or
petroleum Class C, and if the petroleum is petroleum Class B or petroleum Class C, the flash point of
the petroleum.
(2) The testing officer shall furnish the person concerned, at his request, with a certified copy of thecertificate, on payment of the prescribed fee, and such certified copy may be produced in any Court in
proof of the contents of the original certificate.
(3) A certificate given under this section shall be admitted as evidence at any proceedings which
may be taken under this Act in respect of the petroleum from which the samples were taken, and shall,
until the contrary is proved, be conclusive proof, that the petroleum is petroleum Class A or petroleum
Class B or petroleum Class C, and, if the petroleum Class B or petroleum Class C, of its flash-point.
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20. Right to require re-test
(1) The owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the
petroleum may, within seven days from the date on which he received intimation of the result of the
test, apply to the officer empowered under section 14 to have fresh samples of the petroleum taken
and tested.
(2) On such application and on payment of the prescribed fee, fresh samples of the petroleum
shall be taken in the presence of such owner or agent or person deputed by him, and shall be tested
in the presence of such owner or agent or person deputed by him.
(3) If, on such re-test, it appears that the original test was erroneous, the testing officer shall cancel
the original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the
owner of the petroleum, or his agent, with a certified copy thereof, free of charge.
21. Power to make rules regarding tests
The Central Government may make rules-
(a) for the specification, verification, correction and replacement of the Standard Test Apparatus;
(b) prescribing fee for the inspection of the standard Test Apparatus;
(c) regulating the procedure in comparing a test apparatus with the Standard Test Apparatus;
(d) prescribing the form of certificate to be given in respect of a test apparatus so compared, and the
period for which such certificates shall be valid;
(e) prescribing the form of the register of such certificates;
(f) prescribing fee for comparing a test apparatus with the Standard Test Apparatus;
(g) regulating the procedure of testing officers in carrying out tests of petroleum, providing for the
averaging of results where several samples of the same petroleum are tested, and prescribing the
variations from standard temperatures which may be allowed;
(h) prescribing the form of certificates of tests of petroleum and the fees which may be charged
therefor;
(i) providing, where the results of the testing of samples raise a doubt as to the uniformity of the
quality of the petroleum in any lot under test, for the division of the lot into sub-lots, and for the
selection and testing of samples of each sub-lot and for the averaging of results in accordance withthe results of tests of those samples;
(j) prescribing fees for re-tests under section 20 and providing for their refund where the original
test was erroneous; and
(k) generally, resulting the procedure of all offices performing duties connected with the testing of
petroleum, and providing for any matter incidental to such testing.
22. Special rules for testing viscous or solid forms of petroleum
The Central Government may also make rules providing specially for the testing of any form of
petroleum which is viscous or solid or contains sediment or thickening ingredients, and such rules may
modify or supplement any of the provisions of this Chapter or of the rules made under section 21 in
order to adapt them to the special needs of such tests.
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CHAPTER IV
PENALTIES AND PROCEDURE
23. Generally penalty for offences under this Act
(1) Whoever-(a) in contravention of any of the provisions of Chapter I or of any of the rules made
thereunder, imports, transports, stores, produces, refines or blends any petroleum, or
(b) contravenes any rule made under section 4 or section 5, or
(c) being the holder of a license issued under section 4 or a person for the time being placed by
the holder of such license in control or in charge of any place where petroleum is being imported or
stored, or is under transport, contravenes any condition of such license or suffers any condition of such
license to be contravened, or
(d) being for the time being in control or in charge of any place where petroleum is being
imported, stored, produced, refined or blended or is under transport, refuses or neglects to show to
any officer authorized section 13 any receptacle, plant or appliance used in such place in connection
with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during
an inspection, or
(e) being for the time being in control or in charge of any place where petroleum is being
imported, transported, stored, produced, refined or blended, refuses or neglect to show to any officer
authorized under section 14 any petroleum in such place, or to give him such assistance as he may
require for the inspection of such petroleum, or refuses to allow him to take samples of the petroleum,
or
(f) being required, under section 27, to give information of an accident, fails to give
such information as so required by that section.
shall be punishable with simple imprisonment which may extend to one year, or with fine which
may extend to ten lakh rupees or with both.
(2) If any person, having been convicted of an offence punishable under sub-section (1), is again
guilty of any offence punishable under that sub-section, he shall be punishable for every suchsubsequent offence with simple imprisonment which may extend to three years, or with fine which
may extend to fifty lakh rupees, or with both.
24. Confiscation of petroleum and receptacles
(1) In any case in which an offence under clause (a) or clause (b) or clause (c) of sub-section (1) of
section 23 has been committed, the convicting Magistrate may direct that-
(a) the petroleum in respect of which the offence has been committed, or
(b) where the offender is convicted of importing, transporting or storing petroleum exceeding
the quantity he is permitted to import, transport or store, as the case may be, the whole of the
petroleum in respect of which the offence was committed, shall, together with the receptacles in
which it is contained, be confiscated.(2) This power may also be exercised by the High Court in the exercise of its appellate or
revisional powers.
25. Jurisdiction
Offences punishable under this Act shall be triable, in the Presidency towns, by a Presidency Magistrate,
and elsewhere the Magistrate of the first class, or by a Magistrate of the second class who has been
specially empowered by the Central Government in this behalf.
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26. Power of entry and search
(1) The Central Government may, by notification in the Official Gazette, authorize any officer by name
or by virtue of office to enter and search any place where he has reason to believe that any petroleum is
being imported, transported, stored, produced, refined, or blended otherwise than in accordance with
the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the
petroleum in respect of which in his opinion an offence under this Act has been committed.
(2) The provisions of the Code of Criminal Procedure, 1973, relating to searches shall, so far as they
are applicable, apply to searches by officers authorized under this section.
(3) The Central Government may make rules regulating the procedure of authorized officers in the
exercise of their powers under this section subject, however, to the provisions of sub-section (2).
27. Notice of accidents with petroleum
Whenever there occurs in or about, or in connection with, any place in which petroleum is refined,
blended or kept, or any carriage or vessel either conveying petroleum or on or from which petroleum is
being loaded or unloaded, any accident by explosion or by fire as a result of the ignition of petroleum or
petroleum vapor attended with loss of human life or serious injury to person or property, or of a
description usually attended with such loss or injury, the occupier of the place or the person for the timebeing in charge of the petroleum or the person in charge of the carriage or the master of the vessel, as
the case may be, shall, within such time and in such manner as may be prescribed, give notice thereof
and of the attendant loss of human life, or injury to person or property, if any, to the nearest Magistrate
or to the officer in charge of the nearest police station and to the Chief Controller of Explosives.
28. Inquiries into serious accidents with petroleum
(1) The inquiry mentioned in section 176 of the Code of Criminal Procedure, 1973, shall unless
section 8 of the Corners Act, 1871, is applicable to the circumstances be held in all cases where any
person has been killed by an accident which the Magistrate has reason to believe was the result of
the ignition of petroleum or petroleum vapor.
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said sectioninto the cause of any accident which he has reason to believe was the result of ignition of petroleum or
petroleum vapor, if such accident was attended by serious injury to person or property, notwithstanding
that no person was killed thereby.
(3) For the purposes of sub-section (2) a Commissioner of Police shall be deemed to be a
Magistrate empowered to hold an inquest.
(4) The result of all inquiries held in pursuance of this section and of any inquiry held by a corner
in a case to which sub-section (1) refers shall be submitted as soon as may be to the Central
Government, the Chief Controller of Explosives and the State Government.
CHAPTER V
SUPPLEMENTAL
29. Provisions relating to rules
(1) In making any rules under this Act, the Central Government may-
(a) provide for any matter ancillary to such rules for which in its opinion provision is necessary
to protect the public from danger arising from the import, transport, storage, production, refining or
blending of petroleum, and
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(b) make special provision for the special circumstances of any State or place.
(2) Every power to make rules conferred by this Act is subject to the condition of previous
publication.
(3) All rules made under this Act shall be published in the Official Gazette.
(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule, or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
30. Power to limit powers of local authority over petroleum
Where any enactment confers powers upon any local authority in respect of the transport or
storage of petroleum, the Central Government may, by notification in the Official Gazette,-
(a) limit the operation of such enactment; or
(b) restrict the exercise of such powers, in any manner it deems fit.
