THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) AMENDMENT AND VALIDATION ACT, 1971

An Act further to amend the Coal Bearing Areas (Acquisition and
Development) Act, 1957, and to validate certain acquisitions of land or rights in or over land under the said Act.

BE it enacted by Parliament in the Twenty-second Year of the
Republic of India as follows:-

1.Short title.

1. Short title. This Act may be called the Coal Bearing Areas
(Acquisition and Development) Amendment and Validation Act, 1971.2-7. [Not printed.]

8.Validation of certain acquisitions.

8. Validation of certain acquisitions. (1) Notwithstanding any judgment, decree or order of any court to the contrary,-

(a) no acquisition of land or of rights in or over land made or purporting to have been made under the principal Act before the commencement of this Act, and no action taken or thing done (including any order made, agreement entered into or notification published) in connection with such acquisition shall be-deemed to be invalid or ever to have become invalid merely on the ground-

(i) that one or more competent authorities have performed the functions of competent authority under the principal Act in respect of the land covered by the same notification under sub-section (1) of section 7 of the principal Act ;

(ii) that One or more reports have been made under sub-
section (2) of section 8 of the principal Act, whether in respect of the entire land covered by the same notification under sub-section (1) of section 7 of the principal Act or rights in or over such land, or

————————————————————

122.in respect of different parcels of such land or of rights in or over such land;

(iii) that one or more declarations have been made under section 9 of the principal Act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 7 of the principal Act or in respect of rights in or over such land,

(b) any acquisition in pursuance of any notification issued under sub-section (1) of section 7 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notification published) whether before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (a) or any of them.

(2) Notwithstanding anything contained in clause (b) of sub-sec-
tion (1), no declaration under section 9 of the principal Act in respect of any land, or rights in or over such land, which has been notified before the commencement of this Act, under sub-section (1) of section 7 of the principal Act, shall be made after the expiry of two years from the commencement of this Act.

(3) Where acquisition of any particular land (not being acquisi-
tion of rights in or over such land) covered by a notification under sub-section (1) of section 7 of the principal Act, issued before the commencement of this Act, is or has been made in pursuance of any declaration under section 9 of the principal Act, whether made before or after such commencement, and such declaration is or has been made after the expiry of three years from the date of issue of such notification, there shall be paid simple interest, calculated at the rate of six per centum per annum on the market value of such land, as determined under sub-section (5) of section 13 of the principal Act, from the date of expiry of the said period of three years to the date of tender of payment of compensation payable for the acquisition of such land:

Provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were held up an account of stay or injunction by order of a court:

Provided further that nothing in this sub-section shall apply to the acquisition of any land where .the amount of compensation has been paid to the persons interested before the commencement of this Act.
———————————————————————
 **************************************************************

THE COMPTROLLER AND AUDITOR-GENERALS (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971.ACT NO. 56 OF 1971.[15th December, 1971.]

An Act to determine the conditions of service of the Comptroller and Auditor-General of India and to prescribe his duties and powers and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-second Year of the
Republic of India as follows:-

CHAPTER IPRELIMINARY

 

1.Short title.

1.Short title. This Act may be called the Comptroller and
Auditor-Generals (Duties, Powers and Conditions of Service) Act,
1971.2.Definitions.

2.Definitions. In this Act, unless the context otherwise requires,-

(a)accounts”, in relation to, commercial undertakings of a Government, includes trading, manufacturing and profit and loss accounts and balance-sheets and other subsidiary accounts ;

(b)”appropriation accounts” means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the Constitution or of the Government of Union Territories Act, 1963, (20 of
1963.) for the appropriation of moneys out of the
Consolidated Fund of India or of State, or of a Union territory having a Legislative Assembly, as the case may be;

(c)”Comptroller and Auditor-General” means the
Comptroller and Auditor-General of India appointed under article 148 of the Constitution ;

(d)”State” means a State specified in the First
Schedule to the Constitution :

(e) “Union” includes a Union territory, whether having a Legislative Assembly or not.

CHAPTER IISALARY AND OTHER CONDITIONS OF SERVICE OF THE COMPTROLLER AND AUDITOR-GENERAL

 

3.Salary. There shall be paid to the Comptroller and Auditor-
General a salary which is equal to the salary of the Judge of the
Supreme Court:

Provided that if a person who immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, being eligible so to do, had elected to draw, a pension (other than a disability or wound pension) in respect of any previous service under the Government of the Union or any of its predecessor
Governments, or under the Government of a State or any of its predecessor Governments, his salary in respect of service as Comp-
troller and Auditor-General shall be reduced-

(a) by the amount of that pension; and

(b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension ; 1* ***

1* * * * * *

4.Term of office.

4.Term of office. The Comptroller and Auditor-General shall hold office for a term of six years from the date on which he assumes such office: Provided that where he attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate such office on the date on which he attains the said age:

Provided further that he may, at any time, by writing under his hand addressed to the President, resign his office.

Explanation.-For the purpose of this section, the term of six years in respect of the Comptroller and Auditor-General holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office.
———————————————————————-
1. Omitted by Act 51 of 1994, s. 2 (w.e.f. 27.3.1990)
———————————————————————-

73.5.Leave.

5.Leave.(1) A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of
Government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained in section 6.(2) Any other person who is appointed as the Comptroller and
Auditor-General may be granted leave in accordance with such rules as are for the time being applicable to a member of the Indian
Administrative Service.

(3)The power to grant or refuse leave to the Comptroller and
Auditor-General and to revoke or curtail leave granted to him, shall vest in the President.

6.Pension.

6.Pension.(1) A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of Government shall be deemed to have retired from service on the date on which he enters upon office as the Comptroller and Auditor
General but his service as the Comptroller and Auditor-General shall be reckoned as continuing approved service counting for pension in the
Service to which he belonged.

(2) Every person who enters upon office as the Comptroller and
Auditor-General shall, on demitting the said office, be eligible to a pension of a sum of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount.

(3)A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, had

74.become eligible for receiving, a pension in respect of any previous service under Government, shall, on demitting office as the Comp-
troller and Auditor-General, be eligible to, a pension of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount.

(4) Any other person who is appointed as the Comptroller, and
Auditor-General shall, on demitting the said office, be eligible to a pension of fifteen thousand rupees per annum.

(5) The person holding office immediately before the commencement of this Act as the Comptroller and Auditor-General shall be eligible to draw, at his option, pension at the rate at which it would be admissible to, him if this Act had not come into force or at the rate specified in this section.

(6) A person who demits office as the Comptroller and Auditor-
General by resignation shall, on such demission, be eligible to a pen-
sion at the rate of two thousand rupees per annum for each completed year of his service as the Comptroller and Auditor-General:

Provided that in the case of a person referred to in sub-
section(1) or sub-section (3), the aggregate amount of pension admissible under this sub-section together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged immediately before he assumed office as the Comptroller and Auditor-General, shall not exceed fifteen thousand rupees per annum or the higher pension referred to in proviso to sub-section (2) or sub-section (3), as the case may be.

1*(6A) Notwithstanding anything contained in the foregoing provisions of this section, a person referred to in subsection (1) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Amendment Act, 1984 shall, on such demission, be entitled to-

(a)the pension to Which he would have been entitled under the rules of the Service to which he belonged by reckoning his service as the Comptroller and Auditor-General as continuing approved service counting for pension in such Service; and

(b) a special pension of seven hundred rupees per. annum in respect of each completed year of service as the Comptroller and Auditor-General.

(6B) Notwithstanding anything contained in the foregoing pro-
visions of this section, a person referred to in sub-section (3) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Amendment Act, 1984, shall, on such demission, be entitled to-

(a)the pension payable to him in respect of any previous service under Government; and

(b) a special pension of seven hundred rupees per annum in respect of each completed year of service as the
Comptroller and Auditor-General.

———————————————————————–
1 Ins. by Act 2 of 1984, S. 2.2 Omitted by Act 50 of 1987, S. 2 (w.e.f. 1.1.1986).

3 Ins. by Act So of 1987, S. 2.———————————————————————-

74a

1*(6C) Notwithstanding anything contained in the foregoing provisions of this section, a person who demits office [whether in any manner specified in sub-section (8) or by resignation] as the
Comptroller and Auditor-General after the commencement of the
Comptroller and Auditor-Generals (Duties, Powers and Conditions of
Service) Amendment Act, 1987, shall, on such demission, be entitled to-

(a) a pension which is equal to the pension payable to a
Judge of the Supreme Court,-

(i) if such person is a person referred to in sub-
section (1) or sub-section (3), in accordance with the provisions of Part III of the Schedule to the
Supreme Court Judges (Conditions of Service) Act, 1958.(hereafter in this Act referred to as the Supreme Court
Judges Act), as amended from time to time and

(ii)if such person is a person referred to in subsection
(4), in accordance, with the provisions of Part I of the
Schedule to the Supreme Court Judges Act, as amended from time to time;

(b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of
Supreme Court under the Supreme Court Judges Act and the rules made thereunder, as amended from time to time

4*[(6D) Notwithstanding anything contend in the forgoing provisions of this section, a person who demitted office [whether in any manner specified in sub-section 8 of by regisnation] as the comptroller and
Audit-General, at any time before the 16th day, 1987, shall be entitled to the pension specified in sub-section 6c on and from the date.]

(7) If a person who demits office as the Comptroller and
Auditor-Genral is not eligible to any pension under this section but is eligible to a pesnion under the rules for the time being applicable to the service to which he belonged immediately before be assumed.

75.Office as the Comptroller and Auditor-General, he shall, notwithstanding anything contained in this section, be eligible to draw such pension as is admissible to him under the said rules.

(8) Except where he demits office by resignation, a person holding office of the Comptroller and Auditor-General shall be deemed, for the purposes of this Act, to have demitted such office as such if, and only if,-

(a) he has completed the term of office specified in section 4, or

(b) he has attained the age of sixty-five years, or

(c)his demission of office is medically certified to be necessitated by ill health.

1* * * * * *

8.Right to subscribe to General Provident Fund.

8.Right to subscribe to General Provident Fund. Every person holding office as the Comptroller and Auditor General shall be entitled to subscribe to the General Provident Fund (Central
Services).

9.Other conditions of service.

9.Other conditions of service. 2*[“Save as otherwise provided in this Act, the conditions of service relating to travelling allowance, provision of rent-free residence and exemption from payment of income-
tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a Judge of the
Supreme Court under Chapter IV of the Supreme Court Judges Act, and the rules made thereunder, shall, so far as may be, apply to serving or retired Comptroller and Auditor-General as the case may be.]

Provided that nothing in this section shall have effect so as to give a person, who immediately before the date of assuming office as the comptroller and Auditor-General, was in the service of Government, less favourable terms in respect of any of the matters aforesaid than those to which he would be entitled as a member of the Service to which he belonged, his service as Comptroller and Auditor-General being treated for the purpose of this proviso as continuing service in the Service to which he belonged.

CHAPTER IIIDUTIES AND POWERS OF THE COMPTROLLER AND AUDITOR-GENERAL

 

10.Comptroller and Auditor-General to compile accounts of Union and States. (1) The Comptroller and Auditor-General shall be responsible-

(a) for compiling the accounts of the Union and of each State from the initial and subsidiary accounts rendered to the audit and accounts offices under his control by treasuries, offices or departments responsible for the keeping of such accounts; and

(b)for keeping such accounts in relation to any of the matters specified in clause (a) as may be necessary:

1*[Provided that the President may, after consultation with the
Comptroller and Auditor-General, by order, relieve him from the res-
ponsibility for compiling-

(i) the said accounts of the Union (either at once or gradually by the issue of several orders) ; or

(ii) the accounts of any particular services or departments of the

Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the
Comptroller and Auditor-General, by order, relieve him from the responsibility for compiling-

(i) the said accounts of the State (either at once or gradually by the issue of several orders) ; or

(ii) the accounts of any particular services or departments of the State : ]

2*[Provided also] that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for keeping the accounts of any particular class or character.

(2) Where, under any arrangement a person other than the Comp-
troller and Auditor-General has, before the commencement of this Act, been responsible-

(i) for compiling the accounts of any particular service or department of the Union or of a State, or

———————————————————————-
1 Subs. by Act 58 of 1976, s. 2, for the first proviso (w.e.f. 1-3-
1976).

2 Subs. by s. 2, ibid., for “Provided further” (w.e.f. 1-3-1976).
———————————————————————-

77.(ii) for keeping the accounts of any particular class or character, such arrangement shall, notwithstanding anything contained in subsection (1), continue to be in force unless, after consultation with the Comptroller and Auditor-General, it is revoked in the case referred to in clause (i), by an order of the President or the
Governor of the State, as the case may be, and in the case referred to in clause (ii), by an order of the President.

11.Comptroller and Auditor-General to prepare and submit accounts to thePresident, Governors of States and Administrators of Union territorieshaving
Legislative Assemblies.

11.Comptroller and Auditor-General to prepare and submit accounts to the President, Governors of States and Administrators of Union territories having Legislative Assemblies. The Comptroller and
Auditor-General shall, from the accounts complied by him or (by the
Government or any other person responsible In that behalf], prepare in each year accounts (including, in the case of accounts compiled by him, appropriation accounts) showing under the respective heads the annual receipts and disbursements for the purpose of the Union, of each State and of each Union territory having a Legislative Assembly, and shall submit those accounts to the President or the Governor of a
State or Administrator of the Union territory having a Legislative
Assembly, as the case may be, on or before such dates as he may, with the concurrence of the Government concerned, determine:

2*[Provided that the President may, after consultation with the
Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the
Union or of a Union territory having a Legislative Assembly:

Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the
Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the
State.]

12.Comptroller and Auditor General to give information and renderassistance to the Union and States.

12.Comptroller and Auditor General to give information and render assistance to the Union and States. The Comptroller and Auditor-
General shall, in so far as the accounts, for the compilation or keeping of which he is responsible, enable him so to do, give to the
Union Government, to the State Governments or to the Governments of
Union territories having Legislative Assemblies, as the case may be, such information as they may, from time to time, require,

———————————————————————-
1 Subs. by Act 58 of 1976, s. 3, for certain words (w.e.f. 1-3-1976).

2 Ins. by s. 3, ibid. (w.e.f. 1-3-1976).
———————————————————————–

78.and render such assistance in the preparation of their annual financial statements as they may reasonably ask for.

13.General provisions relating to audit.

13.General provisions relating to audit. It shall be the duty of the Comptroller and Auditor-General-

(a) to audit all expenditure from the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it;

(b)to audit all transactions of the Union and of the
States relating to Contingency Funds and Public Accounts

(c)to audit all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a
State ;

and in each case to report on the expenditure, transactions or accounts so audited by him.

14.Audit of receipts and expenditure of bodies or authoritiessubstantially financed from Union of State Revenues.

14.Audit of receipts and expenditure of bodies or authorities substantially financed from Union of State Revenues. 1*(1) Where any body or authority is substantially financed by grants or loans from the Consolidated Fund of India or of any State or of Union territory having a Legislative Assembly, the Comptroller Auditor-General shall, subject to the provisions of any law for being in force applicable to the body or authority, as the case audit all receipts and expenditure of that body or authority and to him port on the receipts and expenditure audited by him.

(2) Notwithstanding anything contained in sub-section the
Comptroller and Auditor-General may, with the previous approval of the
President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, audit all receipts and expenditure of any body or authority where the grant or loan to such body or authority from the Consolidated Fund of India or of any State, or of any Union territory having a Legislative Assembly, as the case may be, in a financial year is not less than rupees one crore.

(3) Where the receipts and expenditure of any body or authority are, by virtue of the fulfillment of the conditions specified in sub-
section (1) or sub-section (2), audited by the Comptroller and
Auditor-General in a financial year, he shall continue to audit the receipts and expenditure of that body or authority for a further period of two years notwithstanding that the conditions specified in sub-section (1) or sub-section (2) are not fulfilled during any of the two subsequent years.

Explanation.-Where the grant or loan to a body or authority from the
Consolidated Fund of India or of any State or of any Union territory
1*having a Legislative Assembly in a financial year is not less than
[rupees twenty five lakhs] and the amount of such grant or loan is not less than seventy five per cent of the total expenditure of that body or authority, such body or authority shall be deemed, for the purposes of 1*[this sub-section] to be substantially financed by such grants or loans as the case may be.

15.Functions of Comptroller and Auditor-General in the case of grants orloans given to other authorities or bodies.

15.Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies. (1) Where any grant or loan is given for any specific purpose from the Consolidated
Fund of India or of any State or of any Union territory having a
Legislative Assembly to any authority or body, not being a foreign
State or international Organisation, the Comptroller and

———————————————————————
1.Remembered, subs. and ins. by Act 2 of 1984, s.3.———————————————————————

78A

Auditor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body:

Provided that the President, the Governor of a State or the
Administrator of a Union territory having a Legislative Assembly, as the case may be, may, where he is of opinion that it is necessary so to do in the public interest, by order, relieve the Comptroller and
Auditor-General, after consultation with him, from making any such scrutiny in respect of any body or authority receiving such grant or loan.

(2) Except where he is authorised so to do by the President, the
Governor of a State or the Administrator of a Union territory having legislative Assembly, as the case may be, the Comptroller and Auditor
General shall not have, while exercising the powers conferred on him by sub-section (1), right of access to the books and accounts of an corporation to which any such grant or loan as is referred to

79.in sub-section (1) is given if the law by or under which such corpora-
tion has been established provides for the audit of the accounts of such corporation by an agency other than the Comptroller and Auditor-
General:

Provided that no such authorisation shall be made except after consultation with Comptroller and Auditor-General and except after giving the concerned corporation a reasonable opportunity of making representations with regard to the proposal to give to the Comptroller and Auditor-General right of access to its books and accounts.

16.Audit of receipts of Union or of States.

16.Audit of receipts of Union or of States. It shall be the duty of the Comptroller and Auditor-General to audit all receipts which are payable into the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed and to make for this purpose such examination of the accounts as he thinks fit and report thereon.

17.Audit of accounts of stores and stock.

17.Audit of accounts of stores and stock. The Comptroller and
Auditor-General shall have authority to audit and report on the accounts of stores and stock kept in any office or department of the
Union or of a State.

18.Powers of Comptroller and Auditor-General in connection with audit ofaccounts.

18.Powers of Comptroller and Auditor-General in connection with audit of accounts. (1) The Comptroller and Auditor-General shall in connection with the performance of his duties under this Act, have authority-

(a) to inspect any office of accounts under the control of the Union or of a State, including treasuries and such offices responsible for the keeping of initial or subsidiary accounts, as submit accounts to him;

(b) to require that, any accounts, books, papers and other documents which deal with or from the basis of or are otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may appoint for his inspection ;

(c) to put such questions or make such observations as he may consider necessary, to the person in charge of the office and to call for such information as he may require for

80

the preparation of any account or report which it is his duty to prepare.

(2) The person in charge of any office or department, the accounts of which have to be inspected and audited by the Comptroller and Auditor-General, shall afford all facilities for such inspection and, comply with requests for information in as complete a form as possible and with all reasonable expedition.

19.Audit of Government companies and corporations.

19.Audit of Government companies and corporations. (1) The duties and powers of the Comptroller and Auditor General in relation to the audit of the accounts of Government companies shall be performed and exercised by him in accordance with the provisions of the Companies Act, 1956 (1 of 1956).

(2) The duties and powers of the Comptroller and Auditor-General in relation to the audit of the accounts of corporations (not being companies) established by or under law made by Parliament shall be performed and exercised by him in accordance with the provisions of the respective legislations.

(3) The Governor of a State or the Administrator of a Union territory having a Legislative Assembly may, where he is of opinion that it is necessary in the public interest so to do, request the
Comptroller and Auditor-General to audit the accounts of a corporation established by law made by the Legislature of the State or of the
Union territory, as the case may be, and where such request has been made, the Comptroller and Auditor-General shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General and except after giving reasonable opportunity to the corporation to make representa-
tions with regard to the proposal for such audit.

19A.

Laying of reports in relation to accounts of Government companies andcorporations.

19A.Laying of reports in relation to accounts of Government companies and corporations. 1*(1) The reports of the Comptroller and
Auditor-General, in relation to the accounts of a Government company or a corporation referred to in section 19, shall be submitted to the
Government or Governments concerned.

(2)The, Central Government shall cause every report received by it under sub-section (1) to be laid, as soon as may be after it is received, before each House of Parliament.

(3)The State Government shall cause every report received by it under, sub-,section (1) to be laid as soon as may be after it is received, before the Legislature of the State.

Explanation.-For the purposes of this section, “Government” or
“State Government”, in relation to a Union territory having a Legis-
lative Assembly, means the Administrator of the Union territory.

20.Audit of accounts of certain authorities or bodies.

20.Audit of accounts of certain authorities or bodies. (1) Save as otherwise provided in section 19, where the audit of the accounts of any body or authority has not been entrusted to the Comptroller and
Auditor-General by or under any law made by Parliament, he shall, if requested so to do by the President or the Governor of a State or the
Administrator of a Union territory having a Legislative Assembly, as the case may be, undertake the audit of the accounts of such body or authority on such terms and conditions

———————————————————————
1. Ins. by Act 2 of 1984, s.4.———————————————————————

81.as may be agreed upon between him and the concerned Government and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General.

(2)The Comptroller and Auditor-General may propose to the
President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, that he may be authorised to undertake the audit of the accounts of any body or authority, the audit of the accounts of which has not been entrusted to him by law, if he is of opinion that such audit is necessary because a substantial amount has been invested in, or advanced to, such body or authority by the Central or State Government or by the Government of a Union territory having a Legislative
Assembly, and on such request being made, the President or the
Governor or the Administrator, as the case may be, may empower the
Comptroller and Auditor-General to undertake the audit of the accounts of such body or authority.

(3)The audit referred to in sub-section (1) or sub-section (2)
shall not be entrusted to the Comptroller and Auditor-General except where the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, is satisfied that it is expedient so to do in the public interest and except after giving a reasonable opportunity to the concerned body or authority to make representations with regard to the proposal for such audit.

CHAPTER IVMISCELLANEOUS

 

21.Delegation of power of Comptroller and auditor-General. Any power exercisable by the Comptroller and Auditor-General under the provisions of this Act, or any other law may be exercised by such officer of his department as may be authorised by him in this behalf by general or special order :

Provided that except during the absence of the Comptroller and
Auditor-General on leave or otherwise, no officer shall be authorised to submit on behalf of the Comptroller and Auditor-General any report which the Comptroller and Auditor-General is required by the Constitu-
tion or the Government of Union Territories Act, 1963 (20 of 1963) to
Submit to the

82.President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be.

22.Power to make rules.

22.Power to make rules.(1) The Central Government may, after consultation with the, Comptroller and Auditor-General, by notification in the Official Gazette, make rules for carrying out the provisions of this Act in so far as they relate to the maintenance of accounts.

(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: –

(a) the manner in which initial and subsidiary accounts shall be kept by the treasuries, offices and departments rendering accounts to audit and accounts offices;

(b) the manner in which the accounts of 1*[the Union or of a State or of] any particular service or department or of any particular class or character, in respect of which the Comptroller and Auditor-General has been relieved from the responsibility of compiling or keeping the accounts, shall be compiled or kept;

(c) the manner in which the accounts of stores and stock shall be kept in any office or department of the
Union or of a State, as the case may be ;

(d) any other matter which is required to be, or may be, prescribed by rules.

(3) Every rule made under this section 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 2*[in two or more successive sessions], and if, before the expiry of 2*[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 rules 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.

23.Power to make regulations.

23. Power to make regulations. The Comptroller and Auditor-General is here by authorised to make rugulations for carrying into effect the provisions of this Act in
———————————————————————-

1 Ins. by Act 58 of 1976, s. 4 (w.e.f. 1-3-1976).

2. Subs. by s. 4, ibid., for certain words (w.e.f. 1-3-1976).
———————————————————————

83.so far as they relate to the scope and extent of audit, including laying down for the guidance of the Government Departments the general principles of Government accounting and the broad principles in regard to audit of receipts and expenditure.

24.Power to dispense with detailed audit.

24. Power to dispense with detailed audit. The Comptroller and
Auditor-General is hereby authorised to dispense with, when circumstances so warrant, any part of detailed audit of any accounts or class of transactions and to apply such limited check in relation to such accounts or transactions as he may determine.

25.Repeal.

25. Repeal. The Comptroller and Auditor-General (Conditions of
Service 21 of 1953.) Act, 1953, is hereby repealed.

26.Removal of doubts.

26. Removal of doubts. For the removal of doubts, it is hereby declared that on the commencement of this Act the Government of India
(Audit and Accounts) Order, 1936, as adapted by the India (Provisional
Constitution) Order, 1947, shall cease to be in force except as respects anything done or any action taken thereunder.

THE COAL GRADING BOARD (REPEAL) ACT, 1959

 AN ACT TO REPEAL THE COAL GRADING BOARD ACT, 1925, AND TO
PROVIDE FOR CERTAIN

[9th May, 1959.]

1.Short title and commencement.

1. Short title and commencement. (1)This Act may be called the
Coal Grading Board (Repeal) Act, 1959.(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “appointed day” means the date on which this Act come into force;

(b) “Coal Board ” means the Coal Board established under section
4 of the Coal Mines (Conservation and Safety) Act, 1952 ; (12 of 1952)

(c) “Coal Grading Board” means the Coal Grading Board constituted under section 3 of the Coal Grading Act, 1925.3.Repeal of Act 31 of 1925 and dissolution of coal Granding Board.

3. Repeal of Act 31 of 1925 and dissolution of coal Granding
Board. On the appointed day, the Coal Grading Board Act, 1925,
(31 of 1925) shall stand repealed, and the Coal Grading Board shall stand dissolved.

4.Consequential provisions.

4. Consequential provisions. (1) All- moneys and other property, of whatever kind, owned by or vested in, the Coal Grading Board immediately before the appointed day and all debts, liabilities and obligations of that Board then existing shall, on the appointed day, stand transferred to and vested in the Coal Board.

(2) Anything done or any action taken before the appointed day by the Coal Grading Board shall, so far as it is not inconsistent with any of the provisions of the Coal Mines (Conservation and Safety) Act,
1952, (12 of 1952) or the rules made thereunder, be as valid and effectual as if it had been done or taken by the Coal Board.

———————————————————————
1 14th August, 1959, vide Notification No. S.O. 1771, dated the 7th
August, 1959, Gazette of India, Extraordinary, Pt. II, Sec. 3(ii), p.
439.———————————————————————

THE COAL INDIA (REGULATION OF TRANSFERS AND VALIDATION) ACT, 2000

An Act to empower the Central Government to direct the transfer of the land, or of the rights in or over land or of the right, title and interest in relation to a coal mine, coking coal mine or coke oven plant, vested in the Coal India Limited or in a s bsidiary company to any subsidiary company of Coal India Limited or any other subsidiary company and to validate certain transfers of such land or rights.

BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title.

1. Short title.-This Act may be called the Coal India (Regulation of
Transfers and Validation) Act, 2000.

2.Definitions.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) “Coal India” means the Coal India Limited, a Government company incorporated under the Companies Act, 1956 (1 of 1956) having its registered office at Calcutta and includes its predecessor Government company, namely, the Coal Mines Authority Limited;

(b) “subsidiary company” means the following subsidiary companies of
Coal India, namely:-

(i) the Central Coal Fields Limited, Ranchi and includes its predecessor Government company, namely, the National Coal Development
Corporation Limited, Ranchi;

(ii) the Bharat Coking Coal Limited, Dhanbad;

(iii) the Western Coal Fields Limited, Nagpur;

(iv) the Eastern Coal Fields Limited, Sanctoria;

(v) the Central Mine Planning and Design Institute Limited, Ranchi;

(vi) the South-Eastern Coal Fields Limited, Bilaspur;

(vii) the Northern Coal Fields Limited, Singrauli;

(viii) the Mahanadi Coal Fields Limited, Sambalpur. and includes such other subsidiary company of Coal India as may be incorporated under the Companies Act, 1956 (1 of 1956) from time to time;

(c) words and expressions used herein and not defined but defined in the Coking Coal Mines (Nationalisation) Act, 1972 (36 of 1972) or the
Coal Mines (Nationalisation) Act, 1973 (26 of 1973), shall have the meanings, respectively, assigned to them in tho e Acts.

3.Power of Central Government to direct transfer of land, rights, titleor interest.3. Power of Central Government to direct transfer of land, rights,title or interest.-(1) Notwithstanding anything c

4.Validation of certain transfers.

4. Validation of certain transfers.-A subsidiary company which was operating, or was in control of, any coal mine, coking coal mine, or coke oven plant which was vested in the Coal India or any other subsidiary company immediately before the commencement of this Act, shall be deemed to have been vested with the land or rights in or over such land or the right, title and interest in relation to such coal mine, coking coal mine or coke oven plant and such vesting shall be deemed to have been valid and effe tive at all material times as if a direction had been made by the Central Government under sub-section
(1) of section 3 and accordingly no suit or other proceeding shall be instituted, maintained or continued in any court on the ground that such subsidi ry company was not competent to operate or control such coal mine, coking coal mine or coke oven plant.

THE OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) Act,1993[PART II]

CHAPTER IVRECOGNITION OF TEACHER EDUCATION INSTITUTIONS


14.Recognition of institutions offering course or training in teachereducation.

 

14. Recognition of institutions offering course or training in teacher education. (1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional
Committee.

(2) The fee to be paid along with the application under sub-
section (1) shall be such as may be prescribed.

(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall,-

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing:

Provided that before passing an order under sub-clause (b), the
Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.

(4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-
section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State
Government and the Central Government.

(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).

9.(6) Every examining body shall, on receipt of the order under sub-section (4),–

(a) grant affiliation, to the institution, where recognition has been granted; or

(b) cancel the affiliation of the institution, where recognition has been refused.

15.Permission for a new course or training by recognised institution.

15.Permission for a new course or training by recognised institution. (1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations.

(2) The fees to be paid along with the application under sub-
section (1) shall be such as may be prescribed.

(3) On receipt of an application from an institution under sub-
section (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional
Committee shall,–

(a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory, and that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulation; or

(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing permission to such institution, for reasons to be recorded in writing:

Provided that before passing an order refusing permission under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the institution concerned for making a written representation.

(4) Every order granting or refusing permission to a recognised institution for a new course or training in teacher education under sub-section (3), shall be published in the Official Gazette and communicated in writing for appropriate action to such recognised institution and to the concerned examining body, the local authority, the State Government and the Central Government.

16.Affiliating body to grant affiliation after recognition or permissionby the
Council.

16. Affiliating body to grant affiliation after recognition or permission by the Council. Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,-

(a) grant affiliation, whether provisional or otherwise, to any institution; or

(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution,

unless the institution concerned has obtained recognition from the
Regional Committee concerned, under section 14 or permission for a course or training under section 15.10.17.Contravention of provisions of the Act and consequences thereof.

17. Contravention of provisions of the Act and consequences thereof. (1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this
Act, or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing:

Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution:

Provided further that the order. withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order.

(2) A copy of every order passed by the Regional Committee under sub-section (1),–

(a) shall be communicated to the recognised institution concerned and a copy thereof shall also be forwarded simultaneously to the University or the examining body to which such institution was affiliated for cancelling affiliation; and

(b) shall be published in the Official Gazette for general information.

(3) Once the recognition of a recognised institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned
University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date of communication of the said order.

(4) If an institution offers any course or training in teacher education after the coming into force of the order withdrawing recognition under sub-section (1), or where an institution offering a course or training in teacher education immediately before the appointed day fails or neglects to obtain recognition or permission under this Act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for purposes of employment under the Central Government, any State Government or University or in any school, college or other educational body aided by the Central Government or any State
Government.

18.Appeals.

18. Appeals. (1) Any person aggrieved by an order made under section 14 or section 15 or section 17 of the Act may prefer an appeal to the council within such period as may be prescribed.

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:

Provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfies the Council that he

11.had sufficient cause for not preferring the appeal within the prescribed period.

(3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.

(4) The procedure for disposing of an appeal shall be such as may be prescribed:

Provided that before disallowing an appeal, the appellant shall be given a reasonable opportunity to represent its case.

(5) The Council may confirm or reverse the order appealed against.

CHAPTER V
BODIES OF THE COUNCIL

19.Executive Committee. (1) The Council shall constitute a
Committee, called the Executive Committee for dscharging such functions as may be assigned to it by the Council or as may be determined by regulations.

(2) The Executive Committee shall consist of the following mem-
bers, namely:-

(a) the Chairperson;

(b) the Vice-Chairperson;

(c) the Member-Secretary;

(d) the Secretary to the Government of India in the
Department dealing with Education, ex officio;

(e) the Secretary, University Grants Commission, ex officio;

(f) the Director, National Council of Educational Research and Training, ex officio;

(g) the Financial Adviser to the Government of India in the
Department dealing with Education, ex officio;

(h) four experts in teacher education to be nominated by the Central Government;

(i) four State representatives to be nominated by the
Central Government in such manner as may be prescribed,

(j) the Chairpersons of the Regional Committees.

(3) The Chairperson and the Member-Secretary of the Council shall respectively, function as the Chairperson and the Member-Secre-
tary of the Executive Committee.

(4) The Chairperson or in his absence, the Vice-Chairperson of the Council shall preside at the meetings of the Executive Committee and in the absence of both the Chairperson and the Vice-Chairperson, any other member chosen by the members present at the meeting shall preside at the meeting.

12.(5) The quorum necessary for the transaction of business at the meetings of the Executive Committee shall be as laid down by regu-
lations.

(6) The Executive Committee may co-opt, in such manner and for such purposes, as may be determined by regulations, not more than two persons whose assistance and advice it may desire in carrying out any of the functions assigned to the Executive Committee:

Provided that the persons co-opted by the Executive Committee for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Executive Committee, and shall not be a member for any other purpose.

(7) The Council may, if it considers necessary, establish such other committees, for such specific purpose, as it may deem fit.

20.Regional Committees.

20. Regional Committees. (1) The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely:-

(i)the Eastern Regional Committee;

(ii) the Western Regional Committee;

(iii) the Northern Regional Committee; and

(iv) the Southern Regional Committee.

(2) The Council may, if it considers necessary, establish with the approval of the Central Government, such other Regional Committees as it may deem fit.

(3) The Regional Committee shall consist of the following members, namely:

(a) a Member to be nominated by the Council;

(b) one representative from each of the States and the
Union territories of the region, to be nominated by the respective States and the Union territories;

(c) such number of persons, having special knowledge and experience in matters relating to teacher education, as may be determined by regulations.

(4) The Council shall nominate one of the members of the concerned Regional Committee to function as the Chairperson of the said Committee.

(5) The term of office of the members referred to in clause (c)
and the allowances payable to such members shall be such as may be determined by regulations.

(6) The Regional Committee shall, in addition to its functions under sections 14, 15 and 17, perform such other functions, as may be assigned to it by the Council or as may be determined by regulations.

(7) The functions of, the procedure to be followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a Regional Committee shall be such as may be, determined by regulations.

13.21.Power to terminate the Regional Committee.

21. Power to terminate the Regional Committee. (1) If the
Council is of the opinion that a Regional Committee is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Council for carrying out the provisions of this Act, the Council may, by notification in the
Official Gazette, terminate forthwith the Regional Committee.

(2) Upon the publication of a notification under sub-section
(1),-

(a) all members of the Regional Committee shall, notwithstanding that their term of office had not expired, as from the date of the termination, vacate their office as such members; and

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Regional Committee shall, during the period when the term of office of its members stand terminated, be exercised and performed by such person or persons as the
Council may direct.

(3) The Council at any time after publication of a notification under sub-section (2) re-constitute the Regional Committee in the manner provided in sub-section (3) of section 20:

Provided that it shall be competent for the Council to appoint any person, who was a member of a Regional Committee which was termi-
nated, as a member of the re-constituted Regional Committee,

CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT

22. Payment to the Council. The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the
Council in each financial year such sums as may be considered necessary for the performance of the functions of the Council under this Act.

23.Fund of the Council.

23. Fund of the Council. (1) The Council shall have its own fund and all sums which may, from time to time, be paid to it by the
Central Government or a State Government and all the receipts of the
Council, including any sum which any other authority or person in
India or abroad may pay to the Council, shall be credited to the fund and all payments by the Council shall be made therefrom.

(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as may be decided by the Council.

(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Council.

24.Budget of the Council.

24. Budget of the Council. The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the
Central Government.

14.25.Annual report.

25. Annual report. The Council shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both
Houses of Parliament.

26.Accounts and audit.

26. Accounts and audit. (1) The Council shall cause to be maintained such books of account in such form and in such manner as the Central Government may, in consultation with the Comptroller and
Auditor-General of India, prescribe.

(2) The Council shall, as soon as may be after closing its annual accounts, prepare a statement of accounts such form and forward the same to the Comptroller and Auditor-General of India by such date as the Central Government may, in consultation with the Comptroller and
Auditor-General, determine.

(3) The accounts of the Council shall be audited by the
Comptroller, and Auditor-General of India at such times and in such manner as he thinks fit.

(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

CHAPTER VII
MISCELLANEOUS

26. Prior approval of the Central Government for alienation of property.- The Foundation shall not, except with the previous approval of the Central Government, sell or otherwise dispose of any property vested in the Foundation.

27.Power of Central Government to give directions to the Foundation.

27. Power of Central Government to give directions to the
Foundation.- (1) the Central Government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the Foundation, such directions as it thinks fit.

(2) Without prejudice to the generality of the foregoing powers, such directions may include directions requiring the Foundation-

(a) to make or amend any regulation within such period as may be specified in the direction; and

(b) to give priority to the work undertaken or to be undertaken by the Foundation in such manner as the Central
Government may think fit to specify in this behalf.

(3) Any direction issued under this section shall have effect notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the Kalakshetra Society.

28.Dissolution of the Foundation.

28. Dissolution of the Foundation.- (1) The Central Government may, by notification and for reasons to be specified therein, dissolve, the Foundation from such date and for such period as may be specified in the notification:

Provided that before issuing any such notification, the Central
Government shall give a reasonable opportunity to the Foundation to make representation against the proposed dissolution.

(2) When the, Foundation is dissolved under sub-section (1),-

(a) all members of the Governing Board, Academic Committee and the Finance Committee, notwithstanding that the terms of their office had not expired, shall, from the date of dissolution, vacate their offices as such members;

(b) all powers and duties of the Governing Board, Academic
Committee and the Finance Committee shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf;

(c) all properties and assets vested in the Foundation shall, during the period of dissolution, vest in the Central
Government; and

(d) as soon as the period of dissolution expires, the
Foundation shall be reconstituted in accordance with the, provisions of this Act

29.Protection of action taken in good faith.

29. Protection of action taken in good faith.- No suit prosecution or other legal proceeding shall lie against the Central
Government or any officer of that Government or the Foundation or
Member or Director or any officer of the Foundation for anything which is in good faith done or intended to be done under this Act.

11.30.

Indemnity.

30. Indemnity.- Every Member of the Governing Board, Academic
Committee and the Finance Committee and the Director of the Foundation shall be indemnified by the Foundation against all losses and expenses incurred by them in relation to the discharge of their duties, except such as are caused by their wilful act or default.

31.Power to make rules.

31. Power to make rules. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the allowances to the Members under sub-section (5) of section 12;

(b) the powers which the Governing Board shall exercise and the functions which it shall discharge under sub-section (2)
of section 14;

(c) functions to be performed by the Finance Committee, under clause (iv) of section 18;

(d) the salary and allowances and other terms and conditions of service of the Director under sub-section
(3) of section 19;

(e) the form and the manner in which the budget is to be prepared by the Governing Board under section 23;

(f) the form and the manner in which, and the time at which, the returns, statements and the annual report shall be prepared under section 25;

(g) any other matter which has to be, or may be, prescribed.

32.Power to make regulations.

32. Power to make regulations.- (1) The Foundation may make thereunder, for enabling it to discharge its functions under this
Act:

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the management of the properties and funds, affairs and works of the Foundation;

(b) the procedure in regard to transaction of business of the regard to transaction of business of the Governing Board
Academic Committee (including quorum at their meetings) the transaction of business of the Finance Committee under sub-
section (3) of section 13, sub-section (3) of section 15 and sub-section (2) of section 17;

(c) creation or abolition of posts and the procedure for appointment of the professional, administrative and ministerial staff;

(d) the tenure of office and other terms and conditions of the members of the Academic Committee under sub-section (2)
of section 15; and

12.(e) the maintenance of accounts, registers and other records of the Foundation.

(3) No regulation made by the Foundation shall have effect until it has been approved by the Central Government and published in the
Official Gazette, and the Central Government, in approving the regula-
tion, may make changes therein which appear to it to be necessary.

33.Rules and regulations to be laid before Parliament.

33. Rules and regulations to be laid before Parliament.- Every rule and every regulation 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, compri-
sed in one session or in two or more successive sessions, and if, be-
fore 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 regulation, or both Houses agree that the rule or regulation, should not be made, the rule or regulation 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 or regulation.

34.Power to remove difficulties.

34. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of a period of two years, from the commencement of this Act.

(2) Every order made under this section shall be laid a soon as may be after it is made, before each House of Parliament.

35.Repeal and saving.

35. Repeal and saving.- (1) The Kalakshetra Foundation Ordinance,
1993 (Ord. 31 of 1993.) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.

13.SCHE

(See clause (d) of section 3)

THE FIRST SCHEDULE

(See clause (d) Of section 3)

1. Kalakshetra College of Fine Arts.

2. Craft Education and Research Centre consisting of:-

(i) a Weaving Department, and

(ii) a Kalamkari unit.

3. Besant Arundale Theosophical Senior Secondary School.

4. Besant Theosophical High School.

5. Besant Cultural Centre Hostel.

——-

SCHE

(See section 4)

THE SECOND SCHEDULE

(See section 4)

PART A

———————————————————————–

Sl.No. Document No. Date Village Taluk District

————————————————————————

1. 1541 16-8-49 Thiruvan- Saidapet Chinglepet

2. 1542 16-8-49 Do. Do. Do.

3. 1543 16-8-49 Do. Do. Do.

4. 768 12-5-54 Do. Do. Do.

(In rectification of Sl. No. 3)

5. 1544 16-8-49 Do. Do. Do.

6. 1605 25-8-49 Do. Do. Do.

7 1960 13-10-49 Do. Do. Do.

8. 1984 15-10-49 Do. Do. Do.

9. 1324 26-11-49 Do. Do. Do.

10. 1324 26-11-49 Do. Do. Do.

11. 2752 11-12-50 Do. Do. Do.

12. 2759 21-12-50 Do. Do. Do.

————————————————————————
Surevy No. Paimash No. Extent
———————————————————————–
.. 1225/A 0-3-8.1228 1-8-4.———
1-11-12 Cawnies

.. 1227/E 0-9-0 Cawnies
0-75 Cents

.. .. 0-3-12.0-6-2… 1219 0-3-12.1224 0-6-2… 947-C 0-11-0
1226-C 0-6-0
1226-D 0-12-0
——–
1-13-0

.. 1228-B 0-6-10 Cawnies
1226 A
1226 C/1 0-55 Cents

.. 1227/D 0-3-12 Cawnies

.. 1227/F 0-5-8 Cawnies

O.S.NO.327 House and Ground
R.S.NO.528 No.18, Andiappa 1491 Sq. ft.
Gramani Street, Royapuram-13… 1229/C 0-10-0 Cawnies
1 acre 14 Cents

.. 1219/A-3 0-3-12 Cawnies
1224/D 55 Cents

.. 1219 0-3-12 Cawnies
-50 Cents
————————————————————————

14.———————————————————————–
Sl. Document Date Village Taluk District
No. No.
————————————————————————

13. 1865 2-9-52 Thiruvanmiyur Saidapet Chinglepet

14. 621 27-3-59 Do. Do. Do.

15. 769 12-5-54 Do. Do. Do.

16. 2068 24-8-56 Do. Do. Do.

17. 2151 3-9-56 Do. Do. Do.

18. 863 April, 1960 Do. Do. Do.

19. 291 6-2-63 Do. Do. Do.

20. 754 22-3-63 Do. Do. Do.

21. 1481 April, 1968 Do. Do. Do.

22. 1482 April, 1968 Do. Do. Do.

———————————————————————-
Surevy No. Paimash No. Extent
———————————————————————-

1-8-4.———
1-11-12.-1 acre 98 cents.

972 5-7-0
961-C/1 0-3-4.961-D 0-9-10.964 2-5-2.———-
9-0-0 Cawnies
-12 acres

1224 50 Cents

-2 acres 66 Cents

158/1 882-B
882-D
886-D
957-A
958-A
963-A
964.986-C
964 Part

170/1 964 Part
975 C P 21 acres 6 cents

170/3 975 J
973 A
973 A 1.973 A 2.975 C Part
975 G
975 H
975-I
975 M
975 G
975 H 2.975 K

166/2 957-B 22 acres
962 approximately
963-B
966.968-C

161/2 857 27 acres 74 cents
882-C(Part) approximately
877-A
940
941.942.955-A
965.961 H

178/3(Part) 1212 4 grounds
178/8 1214 1948 Sq. ft.
1184.1185.1220.178/3 Do. 8 grounds
178/8 96 Sq. ft.

All the buildings on the above lands, institutions, all assets whatsoever including Bank balances and cash of the Kalakshetra.

———————————————————————-

15.———————————————————————-

Sl. Document Year Village Taluk District
No. No.
———————————————————————-

1. 448 1881 Thiruvanmiyur Saidapet Chinglepet

2. 1224 1908 Do. Do. Do.

3. 2382 1913 Do. Do. Do.

4. 2559 1913 Do. Do. Do.

5. 4544 1919 Do. Do. Do.

6. 2642 1920 Do. Do. Do.

7. 1325 1927 Do. Do. Do.

8. 1966 1940 Do. Do. Do.

9. 2056 1941 Do. Do. Do.

10. 2194 1941 Do. Do. Do.

11. 532 1943 Do. Do. Do.

12. 1471 1943 Do. Do. Do.

13. 1380 1937 Do. Do. Do.

14. 1381 1937 Do. Do. Do.

15. 1032 1945 Do. Do. Do.

16. 1744 1929.(Parent document of Item 15)

17. 1134 1954 Do. Do. Do.

18. 1224 1945 Do. Do. Do.

19. 1268 1945 Do. Do. Do.

20. 1598 1945 Do. Do. Do.

21. 1941 1945 Do. Do. Do.

22. 1942 1945 Do. Do. Do.

23. 1988 1945 Do. Do. Do.

24. 353 1947 Do. Do. Do.

———————————————————————-
Survey No. Paimash No. Extent

———————————————————————-

.. 977,1212,1213, 15-7-4 Cawnies
1214, 1215, 1216,
1217, 1218, 1219, and 1221… 968C 2-0-8 Cawnies

.. 967,968C 2-0-8 Cawnies

.. 967,968 2-0-8 Cawnies

.. 532D,533,534 3-7-8 Cawnies

.. 967,968,968C 4-1-0 Cawnies

.. 533,534,532 3-7-8 Cawnies

.. 976A,971B 2-2-0 Cawnies

.. 984 0-4-6 Cawnies

.. 984 0-4-6 Cawnies

.. 976A,971B 2-2-0 Cawnies

.. 976A,971B 6-2-0 Cawnies

.. 191 1-4-0 Cawnies

.. 191 1-4-0 Cawnies

.. 532,534 3-7-8 Cawnies

.. 984, 0-4-6 Cawnies

.. 984 0-4-6 Cawnies

.. 971B,976A 6-2-0 Cawnies

.. 970B,970D 2-8-0 Cawnies

.. 976,968,968C 4-1-0 Cawnies

.. 1226A/1 0-5-15 Cawnies

1226B/1… 1226B/2 0-15-13 Cawnies

.. 976B,979A 2-6-0 Cawnies

.. 976A/1 3-0-0 Cawnies

———————————————————————

16.———————————————————————
Sl. Document Year Village Taluk District
No. No.
———————————————————————
25. 2275 1947 Thiruvanmiyur Saidapet Chinglepet

26. 3776 1947 Do. Do. Do.

27. 3777 1947 Do. Do. Do.

28 Sowcarpet, Registration Do.
District of Madras

North Madras Madras Do.

29 1606 1950 Thiruvanmiyur Saidapet Do.

30 909 1961 Do. Do. Do.

————————————————————————
Survey No. Paimash No. Extent
————————————————————————

O.S.No. 267 0-5-12.268 0-15-6.269 3-10-2.270 0-0-12 0-0-12.270A 2-4-0 1-4-0
271 1-4-0 1-4-0
278 1-0-0 4-15-0
279 1-0-0 0-3-0

1226, 1226A, 0-1-12.1226B, 967, 0-5-13 2-1-10.968A, 968C, 0-5-9 2-9-0
970B, 970D, 0-0-6 0-2-0
971B, 976A, 1-10-4 2-4-0
532D, 533 , 0-5-10.979A 2-0-8.1218A, 1218B, 6-6-10 Cawnies
1212, 1213, 1215,
1216, 1221.1216, 1214A, 3-9-6 Cawnies
1217, 1218A,
1219B,

(O.S.No. 695, 742) House No. 2/500 1,397 Sq. ft.
Mint Street,
10168/2 and 10170 G.T.Ms.

1219B

500 3 Grounds
1,270 sq. ft.

All the buildings on the above lands, institutions, and all the assets whatsoever including Bank balances and cash of the Kalakshetra and
Besant Centenary Trust/Hostel in the City of Madras.

THE OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948

An Act to provide for the regulation of 1*** oilfields and for the development of 2[mineral oil resources].

WHEREAS it is expedient in the public interest to provide for the regulation of 1 * * * oilfields and for the development of 2[mineral oil resources]3 * * *;

It is hereby enacted as follows:-

1.Short title, extent and commencement.

1.(1) Short title, extent and commencement. This Act may be called the 4[Oilfields] (Regulation and Development) Act, 1948.5[(2) It extends to the whole of India 6* * *.]

(3)It shall come into force on such date7 as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.[Declaration as to expediency of control by Central Government.]

2.[Declaration as to expediency of control by Central Govern-
ment.] Rep. by the Mines and Minerals (Regulation and Development)
Act, 1957 (67 of 1957), s. 32 and Sch. III (w.e.f. 1-6-1958).

3.Definitions.

3. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

(a) the expressions ” lessor ” and ” lessee ”
respectively include a licensor and licensee ;

(b) ” mine ” means any excavation for the purpose of searching for or obtaining 2[mineral oils] and includes an oilwell;

(c) 2[mineral oils]” include natural gas and petroleum;

———————————————————————

1The words ” mines and” omitted by Act 67 of 1957, s. 32 and Sch. III
(w.e.f. 1-6-1958).

2Subs. by s. 32 and Sch. III, ibid., for “minerals” (w.e.f. 1-6-
1958).

3The words ” to the extent hereinafter specified ” omitted by s. 32.and Sch. III, ibid. (w.e.f. 1-6-1958).

4Subs by s. 32 and Sch. III, ibid., for “Mines and Minerals” (w.e.f.
1-6-1958).

5 Subs. by the A. O. 1950, for the former sub-section.

6The words “except the State of Jammu and Kashmir” omitted by Act 67.of 1957, s. 32 and Sch. III (w.e.f. 1-6-1958).

7 25th October, 1949, see Notification No. M-II-155(24)-I, dated 18th
October 1949, Gazette of India, Extraordinary, 1949, p. 2075.The Act comes into force in Pondicherry on 1.10.1963 Vide Reg. 7 of
1963, s. 3 and Sch.I.
———————————————————————

6.

(d) “mining lease” means a lease granted for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of
1[mineral oils] or for purposes connected therewith, and includes an exploring or a prospecting license ;

(e) ” oilfield ” means any area where any operation for the purpose of obtaining natural gas and petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid or solid state, is to be or is being carried on.

4.No mining lease to be valid unless it is in accordance with this Act.

4.No mining lease to be valid unless it is in accordance with this Act. (1) No mining lease shall be granted after the commencement of this Act otherwise than in accordance with the rules made under this Act.

(2) Any mining lease granted contrary to the provisions of sub-
section(1) shall be void and of no effect.

5.Power to make rules as respects mining leases.

5. Power to make rules as respects mining leases. (1) The Central
Government may, by notification in the Official Gazette, make rules2.for regulating the grant of mining leases or for prohibiting the grant of such leases in respect of any 3[mineral oil] or in any area.

(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the manner in which, the 1[mineral oils] or areas in respect of which and the persons by whom, applications for mining leases may be made and the fees to be paid on any such applications ;

(b) the authority by which, the terms on which, and the conditions subject to which, mining leases may be granted;

(c) the maximum or minimum area and the period for which any mining lease may be granted, and the terms on which leases in respect of contiguous areas may be amalgamated;

(d) the fixing of the maximum and minimum rent payable by lessee, whether the mine is worked or not.

6.Power to make rules as respects mineral development.

6. Power to make rules as respects mineral development. (1) The
Central Government may, by notification in the Official Gazette, make rules for the conservation and development of 1[mineral oils].
———————————————————————
1 Subs. by Act 67 of 1957, s. 32 and Sch. III, for “minerals” (w.e.f.
1-6-1958).

2For the Mineral Concession Rules, 1949, see Gazette of India, 1949, Pt.I,p.2075 and for the Petroleum Concession Rules, 1949, see ibid., Extraordinary, p. 2713.3Subs. by Act 67 of 1957, s. 32 and Sch. III, for “mineral” (w.e.f.1-
6-1958).

———————————————————————

7.(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: –

1 * * * * *

(c) the development of any 2[mineral oil resources] in any area by prescribing or regulating the use of any engines machinery or other equipment;

(d) the regulation of the drilling, redrilling, deepening, shutting down, plugging and abandoning of oilwells in an oilfied and for the limitation or prohibition of such operation and for the taking of remedial measures to prevent waste of or damage to oil;

(e) the regulation of the methods of producing oil in any oilfield, and the limitation or prohibition of such methods;

(f) the compulsory notification of all new borings and shaft sinkings, and the preservation of boring records and specimens of cores of all new bore-holes;

(g) the taking of samples from mines and new bore-
holes;

(h) the regulation of the arrangements for the storage of 3[mineral oils] and the stocks thereof that may be kept by any person;

4[(i) the collection of royalties, and the levy and collection of fees or taxes, in respect of mineral oils mined, quarried, excavated or collected;]

(j) the submission by the owners or lessees of mines of special or periodical returns and reports, and the forms in which and the authorities to whom such returns and reports shall be submitted.

5[6A. Royalties in respect of mineral oils. (1) The holders of a mining lease granted before the commencement of the Oilfields (Regul-
ation and Development) Amendment Act, 1969 (39 of 1969), shall, not-
withstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any mineral oil mined, quarried, excavated or collected by him from the leased area after such commencement, at the rate for the time being specified in the Schedule in respect of that mineral oil.

———————————————————————
1Cls. (a) and (b) omitted by Act 67 of 1957, s. 32 and Sch.III
(w.e.f.1-6-1958).

2Subs. by s.32 and Sch. III, ibid., for “mineral resources” (w.e.f.
1-6-1958).

3Subs. by s.32 and Sch. III, ibid,, for “minerals” (w.e.f. 1-6-1958).

4Subs. by Act 39 of 1969, s. 2, for cl. (i) (w.e.f. 1-1-1968).

5Ins. by s. 3, ibid. (w.e.f. 1-1-1968).
———————————————————————-

8.(2) The holder of a mining lease granted on or after the com-
mencement of the Oilfields (Regulation and Development) Amendment Act,
1969 (39 of 1959),shall pay royalty in respect of any mineral oil mined, quarried, excavated or collected by him from the leased area at the 3.rate for the time being specified in the Schedule in respect of that mineral oil.

(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), no royalty shall be payable in respect of any crude oil, casing-head condensate or natural gas which is unavoidably lost or is returned to the reservoir or is used for drilling or other operations relating to the production of petroleum, or natural gas, or both.

(4)The Central Government may, by notification in the Official
Gazette, amend the Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral oil with effect from such date as may be specified in the notification:

Provided that the Central Government shall not-

(a) fix the rate of royalty in respect of any mineral oil so as to exceed twenty per cent of the sale price of the mineral oil at the oilfields or the oil wellhead, as the case may be, or

(b)enhance the rate of royalty in respect of any mineral oil more than once during any period of three years]

2[(5) Notwithstanding anything contained in sub-section (4), the
Central Government may, by notification in the Official Gazette, amend the Schedule so as to enhance the rate of royalty payable in respect of mineral oil, produced during the period beginning on the lst day of
April, 1990 and ending on the 3lst day of March, 1993, to 24.52 per cent of the sale price of mineral oil at the oilfields or the oil well-head, as the case may be.]

7.Power to make rules for modification of existing leases.

7.(1)Power to make rules for modification of existing leases. The
Central Government may, by notification in the Official Gazette, make rules for the purpose of modifying or altering the terms and conditions of any mining lease granted prior to the commencement of this Act so as to bring such lease into conformity with the rules made under sections 5 and 6:

Provided that any rules so made which provide for the matters mentioned in clause (c) of sub-section (2) shall not come into force until they have been approved, either with or without modifications, by 3[the House of the People].

(2) The rules made under sub-section (1) shall provide-

(a) for giving previous notice of the modification or alteration proposed to be made thereunder to the lessee, and where the lessor is not the Central Government, also to the lessor, and for affording them -an opportunity of showing cause against the proposal,

(b) for the payment of compensation by the party who would be benefited by the proposed modification or alteration to the

———————————————————————
1. Subs. by Act 20 of 1984, s.2.2. Ins.by Act 4 of 1993, s.2 (w.e.f.30.1.1993)

3. Subs by the A.O. 1950, for “the Central Legislature”.

———————————————————————

9.party whose rights under the existing lease would thereby be adversely affected; and

(c) for the principles on which, -the manner in which and the authority by which the said compensation shall be determined.

8.Delegation.

8.Delegation. The Central Government may, by notification in the Offi-
cial Gazette, direct that any power exercisable under this Act shall be exercised, subject to such conditions, if any, as may be specified therein by such officer or authority as may be specified in the direction.

9.Penalties.

9. Penalties. (1) Any rule made under any of the provisions of this Act may provide that any contravention thereof shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) Whoever, after having been convicted of any offence referred to in sub-section (1), continues to commit such offence shall be punishable for each day after the date of the first conviction during which he continues so to offend, with fine which may extend to one hundred rupees.

10.Laying of rules and notifications.

1[10. Laying of rules and notifications. Every rule made under this
Act and every notification issued under sub-section (4) of section 6A
shall be laid, as soon as may be after it is made or issued, 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 notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 with-
out prejudice to the validity of anything previously done under that rule or notification.]

11.Power of inspection.

11.Power of inspection. (1) For the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose mentioned in this Act or the rules made thereunder, any officer authorised by the Central
Government in this behalf shall have the right to-

(a) enter and inspect any mine

(b) order the production of any document, book, register or record in the possession or power of any person having the control of, or connected with, any mine;

(c) examine any person having the control of, or connected with, any mine.

(2) Any officer authorised by the Central Government under sub-
section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
———————————————————————

1 Subs by Act 20 of 1984, s. 3.———————————————————————

10.12.Relaxation of rules in special cases.

12.Relaxation of rules in special cases. The Central Government may, if satisfied that it is in the public interest so to do, authorise in any case the granting of any mining lease or the working of any mine on terms and conditions different from those laid down in the rules made under sections 5 and 6.
13.Act to be binding on the Government.

1[13. Act to be binding on the Government. The provisions of this
Act shall be binding on the Government.]

14.Protection of action taken in good faith.

14. Protection of action taken in good faith. No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this Act.

SCHE

(See section 6A)

2[THE SCHEDULE

(See section 6A)

RATES OF ROYALTY

3[1. Crude oil: Rupees sixty-one per metric tonne.

2.Casing-head condensate: Rupees sixty-one per metric tonne.]

3.Natural gas Ten per cent of the value of the natural gas obtained at well-head.]

———————————————————————
1 Subs. by the A. O. 1950, for the former s. 13.2 Ins. by Act 39 of 1969, s. 4 (w.e.f. 1-1-1968).

3 Subs. by Notification No. S. O. 219(E), dated 26-3-1981, see Gazette of India, Part II, Sec. 3 (ii), p. 378.——————————————————————–

THE ORIGINAL GAS COMPANY, ACT 1867

 

An Act to empower the Oriental Gas Company Limited, to extend their operations to certain places in [the Provinces of India].

Preamble.-WHEREAS under or by virtue of Act No. V of 1857.(to confer certain power on the Oriental Gas Company, Limited), certain powers exercisable only in Calcutta and its environs were conferred on the Oriental Gas Company, Limited; and whereas it is expedient to empower the said Company to extend, with the previous sanction of the
[Central Government], their operations to any other place in
[the
Provinces of India]; It is hereby enacted as follows:-

1.[Interpretation clause.]

1. [Interpretation clause.] Rep. by the A. O. 1937.2.Power to extend Act 5 of 1857.2. Power to extend Act 5 of 1857.-The 2[Central Government]
may, by notification in the Official Gazette, extend the said Act No.
V of 1857, to any place 3[in 4[the territories which, immediately before the 1st November, 1956, were composed in Part A States and Part
C States] ] other than Calcutta and its environs: Provided that, in every place to which the said Act shall be so extended, section 3 of the same Act shall be read as is after the words Town of Calcutta, the name of the place to which the said act shall be so extended were substituted: sanction 7 or the same Act shall be read as if for the words and figures Act xiv or 1856, the following- words were substituted; (that is to say) any law for the time being in force to provide for the conservancy and improvement of such place: Section 22.of the said Act shall be read, as if after the words Joint Stock
Companies Act, 1856, the following words were inserted; (that is to say) ,the Indian Companies Act, 1866, or any other Statute or Act for the time being in force relating to Joint Stock Companies; and as if for the expression Supreme Court of Judicature at Fort William, the name of the highest Civil Court of appeal in such place were substituted; and as if for the expression the territories of the East
India Company, the expression the States 4 *** were substituted.

————

———————————————————————
1. Subs. by the A.O. 1948, for “British India”.

2, Subs. by the A.O. 1937, for “L. G.”.

3. Subs. by the A. O. 1950, for “in the Provinces” which has been subs. by the A.O. 1937, for “within the territories subject to such
Govt.”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “the
States”.

5. The words “as defined in this Act” omitted by the A.O. 1948.———————————————————————-

23.1.Interpretation clause.

1. [Interpretation clause.] Rep, by the A.O. 1937.
2.Power to extend Act 5 of 1857.2.Power to extend Act 5 of 1857. The 2[Central Government] may, by notification in the Official Gazette, extend the said Act No. V of
1857, to any place 3[in 4 [the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C
States] 2 other than Calcutta and its environs: Provided that, in every place to which the said Act shall be so extended, section 3 of the same Act shall be read as if for the words Town of Calcutta, the name of the place to which the said Act shall be so extended were substituted: section 7 of the same Act shall be read as if for the words and figures Act XIV of 1856, the following words were substituted ; (that is to say) any law for the time being in force to provide for the conservancy and improvement of such place : Section
22 of the said Act shall be read, as if after the words Joint Stock
Companies Act, 1856, the following words were inserted ; (that is to say) the Indian Companies Act, 1866, or any other Statute or Act for the time being in force relating to Joint Stock Companies; and as if for the expression Supreme Court of Judicature at Fort William, the name of the highest Civil Court of appeal in such place were substituted ; and as if for the expression the territories of the
East India Company, the expression the States 5* * * * were substituted.

———————————————————————
1 Subs. by the A.O. 1948 for ” British India

2 Subs. by the A.O. 1937 for ” 1.g. “.

3 Subs. by the A.O. 1950, for ” in the provinces ” which has been subs. by the A. O., 1937 for ” within the territories subject to such Govt.”.

4 Subs. by the Adaptation of laws (no. 2) order, 1956, for “the states”.

5. the words ” as defined in this Act ” omitted by the A.O.
1948.———————————————————————

THE PETROLEUM (BERAR EXTENSION) ACT, 1937

An Act to extend the Petroleum Act, 1934, to Berar.

WHEREAS in Berar the importation, possession and transport of petroleum and other substances are regulated by the Indian Petroleum
Act, 1899 (8 of 1899), as applied to Berar by order made under the
Indian (Foreign Jurisdiction) Order in Council, 1902;

1* * * * *

AND WHEREAS it is expedient that the Indian Petroleum Act, 1899.(8 of 1899), in its application to Berar should be repealed and that the Petroleum Act, 1934 (30 of 1934), should be extended to Berar;

It is hereby enacted as follows:–

1.Short title.

1. Short title. This Act may be called the Petroleum (Berar
Extension) Act, 1937.2.Repeal in Berar of Act 8 of 1899 and extension of Act 30 of 1934.2. Repeal in Berar of Act 8 of 1899 and extension of Act 30 of
1934. The Indian Petroleum Act, 1899 (8 of 1899), as in force in
Berar, is hereby repealed, and the Petroleum Act, 1934 (30 of 1934), is hereby extended to and declared to be in force in Berar.

3.Operation of rules.

3. Operation of rules. Rules made and notifications issued under the Petroleum Act, 1934 (30 of 1934), and in force in 2*[Part A
States and Part C States (excluding Berar)] at the commencement of this Act are hereby extended to and declared to be in force in Berar.
———————————————————————
1. Second paragraph omitted by the A. O. 1950.
2. Subs., ibid., for “the Provinces”.

THE PETROLEUM ACT, 1934

An Act to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum 2***.

WHEREAS it is expedient to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum 2***; It is hereby enacted as follows:–

PRELIMINARY

1.Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be called the Petroleum Act, 1934.3*[(2) It extends 4* to the whole of India 5***.]

(3) It shall come into force on such date 6* as the Central
Central Government may, by notification in the Official Gazette, appoint.

2.Definitions.

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;

7*[(b) “petroleum Class A” means petroleum having a flash-
point below twenty-three degrees Centigrade;

(bb) “petroleum Class B” means petroleum having a flash-
point of twenty-three degrees Centigrade and above but below sixty-five degrees Centigrade;

(bbb) “petroleum Class C” means petroleum having a flash-
point of sixty-five degrees Centigrade and above but below ninety-three degrees Centigrade;]

(c) “8*[flash-point]” of any petroleum means the lowest temperature at which it yields a vapour which will give a momentary flash

———————————————————————
1. For Statement of objects and Reasons, see Gazette of India, 1933, Pt. V, p. 104 and for Report of Select Committee, see Gazette of
India, 1934, Pt. V, pp. 235-236.2. The Words “and other inflammable substances” omitted by Act 24 of
1970, s. 2 (w.e.f. 1-8-1976).
3. Subs. by the A.O. 1950, for the former sub-section.
4. This Act has been extended to Berar by the Petroleum (Berar
Extension) Act, 1937 (23 of 1937). All rules made and notifications issued under this Act and in force in British India at the commencement of Act 23 of 1937 (i.e., the 7th October, 1937) have also been extended to Berar by s. 3 of the latter Act.

*Extended to Goa, Daman and Diu with modifications, by Reg. 12 of
1962, s. 3 and Sch.

Extended and brought into force in Dadra and Nagar Haveli (w.e.f.
1.7.1965) vide Reg. 6 of 1963, s. 2 and Sch. I.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7.of 1963, s. 3 and Sch. I.

Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f.
1.10.1967); vide Reg. 8 of 1965, s. 3 and Sch.

5. The words “except the State of Jammu and Kashmir” omitted by Act
62 of 1956, s. 2 and Sch.
6. 30th March. 1937. see Gazette of India. 1937, Pt. I. p. 632.7. Subs. by Act 24 of 1970, s. 3, for cl. (b) (w.e.f. 1-8-1976).
8. Subs. by s. 3, ibid., for “flashing-point” (w.e.f. 1-8-1976).

4.when ignited, determined in accordance with the provisions of Chapter II and the rules made thereunder;

1*[(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 2*[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.

3* * * * *

CHAPTER I

CONTROL OVER PETROLEUM

3.Import, transport and storage of 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 licence for the purpose which he may be required to obtain by rules made under section
4, no one shall import 4*[petroleum Class A], and no one shall transport or store any petroleum.

4.Rules for the import transport and storage of petroleum.

4. Rules for the import, transport and storage of petroleum. The
Central Government may make rules–

(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 licences for the import of 5*[petroleum Class A] shall be applied for, and providing for the disposal, by confiscation or otherwise, of any 5*[petroleum
———————————————————————
1. Subs. by Act 24 of 1970, s. 3, for cl. (d) (w.e.f. 1-8-1976).
2. Subs. by Act 62 of 1956, s. 2 and Sch., for “the territories to which this Act extends”.
3. Cl. (i) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and
Sch.
4. Subs. by Act 24 of 1970, s. 4, for “any dangerous petroleum”
(w.e.f. 1-8-1976).
5. Subs. by s. 5, ibid., for “dangerous petroleum” (w.e.f. 1-8-
1976).

5.Class A] in respect of which a licence 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 pipelines 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 licences for the import of 1*[petroleum Class A], and for the transport or storage of any petroleum, the manner in which applications for such licences shall be made, the authorities which may grant such licences and the fees which may be charged for such licences;

(i) determining in any class of cases whether a licence for the transport of petroleum shall be obtained by the consignor, consignee or carrier;

(j) providing for the granting of combined licences 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 2*[its]
opinion is expedient for proper control over the import, transport and storage of petroleum 3*[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.

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
———————————————————————
1. Subs. by Act 24 of 1970, s. 5, for “dangerous petroleum” (w.e.f.
1-8-1976).
2. Subs. by the A.O. 1937, for “his”.
3. Ins. by Act 24 of 1970, s. 5 (w.e.f. 1-8-1976).

6.(b) regulating the removal of petroleum from places where it is produced, refined or blended and preventing the storage therein and removal therefrom, except as
1*[petroleum Class A], of any petroleum which has not satisfied the prescribed tests.

2* * * * *

6.Receptacles of petroleum Class A to show a warning.

6. Receptacles of petroleum Class A to show a warning. All receptacles containing 3*[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 stoppered glass, stoneware or metal receptacle of less than 4*[ten litres] capacity containing 3*[petroleum Class A] which is not for sale, or

(b) a tank incorporated in a 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 Official Gazette, exempt from the operation of this section.

7.No licence needed for transport or storage of limited quantities ofpetroleum
Class B or petroleum Class C.

5*[7. No licence 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 licence 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 litres and none of it is contained in a receptacle exceeding one thousand litres in capacity; or

(ii) petroleum Class C if the total quantity in his possession at any one place does not exceed forty-five thousand litres and such petroleum is transported or stored in accordance with the rules made under section
4.———————————————————————
1. Subs. by Act 24 of 1970, s. 6, for “dangerous petroleum” (w.e.f.
1-8-1976).
2. Sub-section (3) omitted by the A.O. 1937.3. Subs. by Act 24 of 1970, s. 7, for “dangerous petroleum” (w.e.f.
1-8-1976).
4. Subs. by s. 7, ibid., for “two gallons” (w.e.f. 1-8-1976).
5. Subs. by s. 8. ibid., for ss. 7 and 8 (w.e.f. 1-8-1976).

7.8.No licence needed for import, transport or storage of small quantitiesof petroleum Class A.

8. No licence 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 licence 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 litres.

(2) Petroleum Class A possessed without a licence under this section shall be kept in securely stoppered receptacles of glass, stoneware or metal which shall not, in the case of receptacles of glass or stoneware, exceed one litre in capacity or, in the case of receptacles of metal, exceed twenty-five litres in capacity.]

9.Exemptions for motor conveyances and stationary engines.

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 licence–

(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 1*[petroleum Class A], not exceeding 2*[one hundred liters] in quantity in addition to any quantity possessed under clause (a):

provided the petroleum is intended to be used to generate motive power for the motor conveyance or engine:

3*[Provided further that the total quantity of 1*[petroleum Class
A] which may be stored without a licence under clause (b) shall not exceed 2*[one hundred litres], notwithstanding that such owner may possess other motor conveyances or engines.]

(2) 4*[Petroleum Class A] transported or stored without a licence under clause (b) 3*[of sub-section (1)] shall be kept as provided in sub-section (2) of section 8, and, if it exceeds 5*[thirty litres] 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 licence needed by railway administration acting as carrier.

10. No licence needed by railway administration acting as carrier. Notwithstanding anything contained in this Chapter, a railway administration, as defined in section 3 of the Indian Railways Act,
1890 (9 of 1890), need not obtain any licence for the import or transport of any petroleum in its possession in its capacity as carrier.
———————————————————————
1. Subs. by Act 24 of 1970, s. 9, for “dangerous petroleum” (w.e.f.
1-8-1976).
2. Subs. by s. 9, ibid, for “twenty gallons” (w.e.f. 1-8-1976).
3. Ins. by Act 25 of 1940. s. 2.4. Subs. by Act 24 of 1970, s. 9, for “The dangerous petroleum”
(w.e.f. 1-8-1976).
5. Subs. by s. 9, ibid., for “six gallons” (w.e.f. 1-8-1976).

8.11.Exemption of heavy oils.

1*[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.

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.

13. Inspection of places. (1) The Central Government may authorise 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 use 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 officers authorised under this section.

 

CHAPTER II

THE TESTING OF PETROLEUM

14. Inspection and sampling of petroleum. (1) The Central
Government may, by notification in the Official Gazette, authorise, 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.

15.Standard Test Apparatus.

15. Standard Test Apparatus. (1) A standard apparatus for determining the 2*[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.———————————————————————
1. Subs. by Act 24 of 1970, s. 10, for s. 11 (w.e.f. 1-8-1976).
2. Subs. by s. 11, ibid., for “flashing-point” (w.e.f. 1-8-1976).

9.(3) The Standard Test Apparatus shall, on payment of the prescribed fee. be open to inspection at all reasonable times by any person wishing to inspect it.

16.Certification of other test apparatus.

16. Certification of other test apparatus. (1) The officer appointed under section 15 shall, on payment of the prescribed fee, if any, compare with the Standard Test Apparatus any apparatus for determining the 1*[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 and 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 carried out 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 officers.

17. Testing officers. The Central Government may authorise 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 test.

18.Manner of test.

18. Manner of test. All test 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.

19. Certificate of testing. 2*[(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 the certificate, on payment of the prescribed fee, and
———————————————————————
1. Subs. by Act 24 of 1970, s. 12, for “flashing-point” (w.e.f. 1-8-
1976).
2. Subs. by s. 13, ibid., for the former sub-section (w.e.f. 1-8-
1976).

10.such certified copy may be produced in any Court in proof of the contents of the original certificate.

1*[(3) A certificate given under this section shall be admitted as evidence in 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 is petroleum Class B or petroleum Class C, the flash-point of the petroleum.]

20.Right to require retest.

20. Right to require retest. (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 of agent or person deputed by him, and shall be tested in the presence of such owner or agent or person deuted 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.

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 fees 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 fees 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 thee same petroleum are tested, and prescribing
———————————————————————
1. Subs. by Act 24 of 1970, s. 13, for the former sub-section
(w.e.f. 1-8-1976).

11.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 with the 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, regulating the procedure of all officers 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.

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.

CHAPTER III

PENALTIES AND PROCEDURE

23. General 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

1*[(c) being the holder of a licence issued under section 4.or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported or stored, or is under transport, contravenes any condition of such licence or suffers any condition of such licence 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
———————————————————————
1. Subs. by Act 3 of 1941, s. 2, for the original cl.

12.blended or is under transport, refuses or neglects to show to any officer authorised under 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 neglects to show to any officer authorised 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 1*[with simple imprisonment which may extend to one month, or with fine which may extend to one thousand 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 such subsequent offence 2*[with simple imprisonment which may extent to three months, or with fine which may extend to five thousand rupees, or with both].

24.Confiscation of petroleum and receptacles.

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 exercise of its appellate or revisional powers.
———————————————————————
1. Subs. by Act 24 of 1970, s. 14, for “with fine which may extend to five hundred rupees” (w.e.f. 1-8-1976).
2. Subs. by s. 14, ibid., for “with fine which may extend to two thousand rupees” (w.e.f. 1-8-1976).

13.25.Jurisdiction.

25. Jurisdiction. Offences punishable under this Act shall be triable, in the Presidency-towns, by a Presidency Magistrate, and elsewhere by a Magistrate of the first class, or by a Magistrate of the second class who has been specially empowered by the 1*[Central
Government] in this behalf.

26.Power of entry and search.

26. Power of entry and search. (1) The Central Government may, by notification in the Official Gazette, authorise 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 there-under, 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 2*[Code of Criminal Procedure, 1973]
(2 of 1974), relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section.

(3) The Central Government may make rules regulating the procedure of authorised 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.

3*[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 vapour attended with loss of human life or serous injury to person or property, of a description usually attended with such loss or injury, the occupier of the place or the person for the time being 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 4*[Chief Controller of
Explosives].]

28.Inquiries into serous accidents with petroleum.

28. Inquiries into serious accidents with petroleum. (1) The inquiry mentioned in section 176 of the 5*[Code of Criminal Procedure,
1973 (2 of 1974)], shall 6*[unless section 8 of the Coroners Act, 1871.(4 of 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 vapour.
———————————————————————
1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. by Act 31 of 1977, s. 2, for “Code of Criminal Procedure,
1898”.
3. Subs. by Act 24 of 1970, s. 15, for the former section (w.e.f. 1-
8-1976).
4. Subs. by Act 31 of 1977, s. 3, for “Chief Inspector of Explosives in India”.
5. Subs. by s. 4, ibid., for “Code of Criminal Procedure, 1898”.
6. Ins. by Act 25 of 1940, s. 3.14.(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding that no person was killed thereby.

(3) For the purpose of 1*[sub-section (2)] a Commissioner of
Police 2* 3* shall be deemed to be a Magistrate empowered to hold an inquest.

(4) The result of all inquiries held in pursuance of this section
4*[and of any inquiry held by a coroner in a case to which sub-section
(1) refers] shall be submitted as soon as may be to the 5*[Central
Government, 4*[the 6*[Chief Controller of Explosives]] and the State
Government].

CHAPTER IV

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 7*[its] opinion provision is necessary to protect the public from danger arising from the import, transport, storage, production, refining or blending of petroleum, and

(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 8*

9*[(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
———————————————————————
1. Subs. by Act 25 of 1940, s. 3, for “this section”.
2. The words “in a Presidency-town” omitted by Act 24 of 1970, s. 16.(w.e.f. 1-8-1976).
3. The words “or in Rangoon” omitted by the A.O. 1937.4. Ins. by Act 25 of 1940 s. 3.5. Subs. by the A.O. 1937, for “Local Government”.
6. Subs. by Act 31 of 1977, s. 4, for “Chief Inspector of Explosives in India”.
7. Subs. by the A.O. 1937, for “his”.
8. The words “and in the local official Gazette” omitted, ibid.
9. Ins. by Act 31 of 1977, s. 5.15.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 apply Act to other substances.

30. [Power to apply Act to other substances.] Rep. by the
Inflammable Substances Act, 1952 (20 of 1952), s. 7.31.Power to limit powers of local authorities over petroleum.

31. Power to limit powers of local authorities 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
1*[it] deems fit.

32.Repeals.

32. [Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2.and Sch.

SCHE

Enactments repealed.

THE SCHEDULE.–[Enactments repealed.] Rep. by s. 2 and Sch., ibid.
———————————————————————
1 Subs. by the A.O. 1937, for “he”.
 

 

THE PETROLEUM AND NATURAL GAS REGULATORY BOARD ACT, 2006[PART II]

CHAPTER VI

APPEALS TO APPELLATE TRIBUNAL

30. Appellate Tribunal.-(1) Subject to the provisions of this Act,

the Appellate Tribunal established under section 110 of the

Electricity Act, 2003 (36 of 2003) shall be the Appellate Tribunal

for the purposes of this Act and the said Appellate Tribunal shall

exercise the jurisdiction, powers and authority conferred on it by or

under this Act:

Provided that the Technical Member of the Appellate Tribunal for the

purposes of this Act shall be called the Technical Member (Petroleum

and Natural Gas) and shall have the qualifications specified in subsection

(2) of section 31.

(2) Notwithstanding anything contained in the Electricity Act, 2003

(36 of 2003), the Central Government may, for the purposes of this

Act, appoint one or more Technical Members (Petroleum and Natural

Gas) on the Appellate Tribunal for Electricity or designate a

Technical Member of the said Tribunal having the qualifications

specified in sub-section (2) of section 31 and when a Technical

Member (Petroleum and Natural Gas) is appointed, he shall be in

addition to the three other members appointed under the said Act.

31.

Technical Member (Petroleum and Natural Gas).

31. Technical Member (Petroleum and Natural Gas).-(1) The Technical

Member (Petroleum and Natural Gas) shall be appointed from the panel

prepared by the Search Committee constituted under sub-section (2) of

section 4.

(2) A person shall not be qualified for appointment as a Technical

Member (Petroleum and Natural Gas) of the Appellate Tribunal unless

he-

(i) is, or has been, a Secretary for at least one year in the

Ministry or Department of the Central Government having adequate

experience in energy sector, especially in matters relating to

Petroleum and Natural Gas sector; or

(ii) is, or has been, a person of ability and standing, having

adequate knowledge or experience in dealing with matters relating to

exploration, production, transmission pipelines, marketing or

regulation of petroleum, petroleum products or natural gas,

economics, commerce, law or management.

32.

Terms and conditions of service of Technical Member (Petroleum and

Natural Gas).

32. Terms and conditions of service of Technical Member (Petroleum

and Natural Gas).-The term of office, the salaries and allowances

payable to and the other terms and conditions of service of the

Technical Member (Petroleum and Natural Gas) shall be the same as

applicable to the other members of the Appellate Tribunal.

33.

Appeals to Appellate Tribunal.

33. Appeals to Appellate Tribunal.-(1) Any person aggrieved by an

order or decision made by the Board under this Act may prefer an

appeal to the Appellate Tribunal:

Provided that any person preferring an appeal against an order or

decision of the Board levying any penalty shall, while filing the

appeal, deposit the amount of such penalty:

Provided further that where in any particular case, the Appellate

Tribunal is of the opinion that deposit of such penalty would cause

undue hardship to such person, it may dispense with such deposit

subject to such conditions as it may deem fit to impose so as to

safeguard the realisation of penalty.

(2) Every appeal under sub-section (1) shall be filed within a period

of thirty days from the date on which a copy of the direction or

order of decision made by the Board is received by the aggrieved

person and it shall be in such form, verified in such manner and be

accompanied by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after

the expiry of the said period of thirty days if it is satisfied that

there was sufficient cause for not filing it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate

Tribunal may, after giving the parties an opportunity of being heard,

pass such orders thereon as it thinks fit.

(4) The Appellate Tribunal shall send a copy of every order made by

it to the parties to the appeal and to the Board.

(5) The appeal filed under sub-section (1) shall be dealt with by the

Appellate Tribunal as expeditiously as possible and endeavour shall

be made by it to dispose of the appeal finally within ninety days

from the date of receipt of appeal:

Provided that where any such appeal could not be disposed of within

the said period of ninety days, the Appellate Tribunal shall record

its reasons in writing for not disposing of the appeal within the

said period.

(6) The Appellate Tribunal may, for the purpose of examining the

legality or propriety or correctness of any order or decision of the

Board referred to in the appeal filed under sub-section (1), either

on its own motion or otherwise, call for the records relevant to

disposing of such appeal and make such orders as it thinks fit.

34.

Procedure and powers of the Appellate Tribunal.

34. Procedure and powers of the Appellate Tribunal.-The provisions of

sections 120 to 124 (both inclusive) of the Electricity Act, 2003 (36

of 2003) shall mutatis mutandis apply to the Appellate Tribunal in

the discharge of its functions under this Act as they apply to it in

the discharge of its functions under the Electricity Act, 2003.

35.

Power of Appellate Tribunal to make rules.

35. Power of Appellate Tribunal to make rules.-The Appellate Tribunal

may, by notification, make rules consistent with the provisions of

this Act as to the conduct and procedure in respect of all

proceedings before it under this Act.

36.

Orders passed by Appellate Tribunal to be executable as a decree.

36. Orders passed by Appellate Tribunal to be executable as a

decree.-(1) Every order made by the Appellate Tribunal under this Act

shall be executable by the Appellate Tribunal as a decree of a civil

court, and for this purpose, the Appellate Tribunal shall have all

the powers of a civil court.

(2) Notwithstanding anything contained in sub-section (1), the

Appellate Tribunal may transmit any order made by it to a civil court

having jurisdiction and such civil court shall execute the order as

if it were a decree made by that court.

37.

Appeal to Supreme Court.

37. Appeal to Supreme Court.-(1) Notwithstanding anything contained

in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law,

an appeal shall lie against any order, not being an interlocutory

order, of the Appellate Tribunal to the Supreme Court on one or more

of the grounds specified in section 100 of that Code.

(2) No appeal shall lie against any decision or order made by the

Appellate Tribunal with the consent of the parties.

(3) Every appeal under this section shall be preferred within a

period of ninety days from the date of the decision or order appealed

against:

Provided that the Supreme Court may entertain the appeal after the

expiry of the said period of ninety days, if it is satisfied that the

appellant was prevented by sufficient cause from preferring the

appeal in time.

CHAPTER VII

FINANCE, ACCOUNTS AND AUDIT

38. Grants by Central Government.-The Central Government may, after

due appropriation made by Parliament by law in this behalf, make to

the Board grants of such sums of money as are required to pay

salaries and allowances payable to the Chairperson and the other

members and the administrative expenses including the salaries,

allowances and pensions payable to the officers and employees of the

Board.

39.

Fund.

39. Fund.-(1) There shall be constituted a Fund to be called the

Petroleum and Natural Gas Regulatory Board Fund and there shall be

credited thereto-

(i) all grants, fees, penalties and charges received by the Board

under this Act; and

(ii) all sums received by the Board from such other sources as may be

approved by the Central Government.

(2) The Fund shall be applied for making payments towards-

(i) the salaries and allowances payable to the Chairperson and other

members and the administrative expenses including the salaries,

allowances and pensions payable to the officers and employees of the

Board;

(ii) the expenses incurred or to be incurred in carrying out the

provisions of this Act.

(3) The Central Government shall-

(i) constitute a committee consisting of such persons as it thinks

fit to recommend to that Government the budgetary requirements of the

Board for salaries, allowances and all other expenses; and

(ii) fix the budgetary ceiling of the Board on the basis of the

recommendations of the committee.

40.

Accounts and audit.

40. Accounts and audit.-(1) The Board shall maintain proper accounts

and other relevant records and prepare an annual statement of

accounts in such form as may be prescribed by the Central Government

in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Board shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him

and any expenditure incurred in connection with such audit shall be

payable by the Board to the Comptroller and Auditor-General of India.

Explanation.-For the removal of doubts, it is hereby declared that

the decisions of the Board taken in the discharge of its functions

under this Act, being matters appealable to the Appellate Tribunal,

shall not be subject to audit under this section.

(3) The Comptroller and Auditor-General of India or any other person

appointed by him in connection with the audit of the accounts of the

Board shall have the same rights and privileges and authority in

connection with the audit of the Government accounts and, in

particular, shall have the right to demand the production of books,

accounts, connected vouchers and other documents and papers and

inspection of offices of the Board.

(4) The accounts of the Board as certified by the Comptroller and

Auditor-General of India or any other person appointed by him in this

behalf together with the audit report thereon shall be forwarded

annually to the Central Government and that Government shall cause

the same to be laid before each House of Parliament.

41.

Annual report and its laying before Parliament.

41. Annual report and its laying before Parliament.-(1) The Board

shall prepare once every year in such form and at such time as may be

prescribed, an annual report giving a summary of its activities

including information relating to the proceedings and policies during

the previous years and such report shall also contain statements of

annual accounts of the Board.

(2) A copy of the report shall be forwarded to the Central Government

and the Central Government shall cause such report to be laid, as

soon as may be after it is received, before each House of Parliament.

CHAPTER VIII

POWER OF CENTRAL GOVERNMENT

42. Power of Central Government to issue directions.-(1) The Central

Government may, from time to time, by writing issue to the Board such

directions as it may think necessary in the interest of the

sovereignty and integrity of India, the security of the State,

friendly relations with foreign States or public order.

(2) Without prejudice to the foregoing provision, the Central

Government may, if it finds necessary or expedient so to do in public

interest or for maintaining or increasing supplies of petroleum,

petroleum products or natural gas or all or any of them or for

securing their equitable distribution and ensuring adequate

availability, issue policy directives to the Board in writing and

such policy directives shall be binding upon the Board:

Provided that no such directive shall relate to any day-to-day

affairs of the Board:

Provided further that the Board shall, as far as practicable, be

given an opportunity of expressing its views before any directive is

issued under this sub-section.

(3) The decision of the Central Government whether a question is one

of policy or not shall be final.

43.

Taking over control and management of facilities and business

premises of any entity and retail outlets in public interest.

43. Taking over control and management of facilities and business

premises of any entity and retail outlets in public interest.-(1) In

the event of war or natural calamity or such other similar

circumstances leading to disruption of supply of petroleum, petroleum

products or natural gas, the Central Government may, for ensuring the

continuous supply of petroleum, petroleum products or natural gas, by

notification, either take over the control and management of any

storage site, facilities and business premises of any entity and

retail outlets or suspend its operations or entrust, to any agency of

the Central or State Government for such time and manage it in such

manner, as may be specified in that notification:

Provided that the affected entities shall be given an opportunity of

being heard before issuing orders to take over the control and

management of retail outlets and other business premises:

Provided further that in case of any urgency or in cases where the

circumstances do not permit serving of notice for want of sufficient

time or otherwise upon the entity against whom the order is directed,

the opportunity of hearing may be dispensed with in public interest

in order to maintain the uninterrupted supply of petroleum, petroleum

products or natural gas for a specified period.

(2) The collector of the revenue district in which the property

referred to in the notification issued under sub-section (1) is

situated shall determine the amount of compensation payable for

taking over of the property.

(3) The form and manner in which an application for claiming

compensation under this section shall be made, the procedure for

determining the compensation and the time within which such

compensation shall be payable, shall be such as may be prescribed.

 

CHAPTER IX

OFFENCES AND PUNISHMENT

44. Punishment for contravention of directions of the Board.-If a

person contravenes the directions of the Board, such person shall be

punishable with fine which may extend to twenty-five crore rupees and

in case of continuing contravention with additional fine which may

extend to ten lakh rupees for every day during which the

contravention continues.

45.

Penalty for willful failure to comply with orders of Appellate

Tribunal.

45. Penalty for willful failure to comply with orders of Appellate

Tribunal.-If any person wilfully fails to comply with the order of

the Appellate Tribunal, he shall be punishable with fine which may

extend to one crore rupees and in case of a second or subsequent

offence with fine which may extend to two crore rupees and in the

case of continuing contravention with additional fine which may

extend to twenty lakh rupees for every day during which such default

continues.

46.

Punishment for unauthorized activities.

46. Punishment for unauthorized activities.-If any person, being an

entity, markets any notified petroleum, petroleum products or natural

gas without a valid registration, or authorisation such person shall

be punishable with imprisonment which may extend to three years or

with fine which may extend to twenty-five crore rupees or with both,

and in case of continuing contravention with additional fine which

may extend to ten lakh rupees for every day during which the

contravention continues.

47.

Punishment for establishing or operating a liquefied natural gas

terminal without registration.

47. Punishment for establishing or operating a liquefied natural gas

terminal without registration.-If a person establishes or operates a

liquefied natural gas terminal without registration as required under

section 15, such person shall be liable for punishment with an

imprisonment for a term which may extend to three years or penalty of

twenty-five crore rupees or with both, and in case of continuing

contravention with additional fine which may extend to ten lakh

rupees for every day during which the contravention continues.

48.

Punishment for laying, building, operating or expanding a common

carrier or contract carrier without authorisation.

48. Punishment for laying, building, operating or expanding a common

carrier or contract carrier without authorisation.-If a person lays,

builds, operates or expands a common carrier or contract carrier or a

city or local natural gas distribution network without obtaining

authorisation required under section 19, such person shall be liable

for punishment with an imprisonment for a term which may extend to

three years or penalty of twenty-five crore rupees or with both, and

in case of continuing contravention with additional fine which may

extend to ten lakh rupees for every day during which the

contravention continues.

49.

Punishment for willful damages to common carrier or contract carrier.

49. Punishment for willful damages to common carrier or contract

carrier.-Every person who wilfully removes, destroys or damages any

pipeline or city or local natural gas distribution network or other

work of the common carrier or contract carrier for supplying

petroleum, petroleum products or natural gas shall for each such

offence be punishable with imprisonment which may extend to three

years or with fine which may extend to twenty-five crore rupees or

with both, and, in case of continuing contravention with additional

fine which may extend to ten lakh rupees for every day during which

such contravention continues.

50.

Offences by companies.

50. Offences by companies.-(1) Where an offence under this Act has

been committed by a company, every person who at the time the offence

was committed was in charge of, and was responsible to, the company

for the conduct of the business of the company, as well as the

company, shall be deemed to be guilty of the offence and shall be

liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any punishment provided in this Act, if he

proves that the offence was committed without his knowledge or that

he has exercised all due diligence to prevent the commission of such

offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by a company and it is

proved that the offence has been committed with the consent or

connivance of, or is attributable to, any neglect on the part of any

director, manager, secretary or other officer of the company, such

director, manager, secretary or other officer shall also be deemed to

be guilty of the offence and shall be liable to be proceeded against

and punished accordingly.

Explanation.-For the purpose of this section,-

(a) “company” means any body corporate and includes a firm or other

association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

CHAPTER X

MISCELLANEOUS

51. Maintenance of data bank and information.-(1) The Board shall

maintain a data bank and information system relating to activities of

entities dealing with petroleum, petroleum products and natural gas

in such form and manner as may be provided by regulations.

(2) The Board shall have power to verify the data supplied by the

entities and appoint any person or persons for the purpose and take

such measures as it may consider necessary.

52.

Obligations of entities.

52. Obligations of entities.-(1) Every entity shall-

(a) maintain such documentary records as may be specified by the

Board by regulations;

(b) allow inspection of such facilities and documentary records, as

may be specified by the Board, by any person authorised by the

Board;

(c) commence operation of activities for which authorisation has been

granted within such period as may be specified by the Board in the

document of authorisation;

(d) register-

(i) agreements with the Board relating to use of pipelines for supply

of petroleum, petroleum products and natural gas; or

(ii) any other document which the Board may determine by regulations;

(e) comply with marketing service obligations and retail service

obligations.

(2) The Board may call for any information from any entity including

information which is considered necessary for ensuring transparency

or ascertaining true ownership of the entity.

(3) The Board or any officer authorised by the Board shall have the

power to inspect and obtain information, wherever necessary, from the

entities.

(4) For the effective enforcement of the terms and conditions of

authorisation, the Board or any officer authorised by it for that

purpose, shall have all the powers of an inspecting officer as

provided under section 209A of the Companies Act, 1956 (1 of 1956).

(5) It shall be the duty of every entity to carry out the directions

of the Board given under this section.

(6) The Board shall maintain confidentiality in respect of any

information and record received by it from the entities and shall not

disclose information contained therein to any person or authority

except on the grounds of public interest.

53.

Furnishing of returns, etc., to Central Government.

53. Furnishing of returns, etc., to Central Government.-The Board

shall furnish to the Central Government at such time and in such form

and manner as may be prescribed or as the Central Government may

direct, such returns and statements and such particulars in regard to

any matter in connection with proposed or existing activities under

this Act, as the Central Government may, from time to time, require.

54.

Chairperson, members, etc., to be public servants.

54. Chairperson, members, etc., to be public servants.-The

Chairperson, Members, Officers and other employees of the Board and

Technical Member (Petroleum and Natural Gas) of the Appellate

Tribunal shall be deemed, when acting or purporting to act in

pursuance of any of the provisions of this Act, to be public servants

within the meaning of section 21 of the Indian Penal Code (45 of

1860).

55.

Protection of action taken in good faith.

55. Protection of action taken in good faith.-No suit, prosecution or

other legal proceeding shall lie against the Central Government,

Board, Technical Authority or Appellate Tribunal or any officer of

the Central Government or any Chairperson, Member, officer or other

employee of the Board or Technical Member (Petroleum and Natural Gas)

of the Appellate Tribunal for anything which is in good faith done or

intended to be done under this Act or the rules or regulations made

thereunder.

56.

Civil courts not to have jurisdiction.

56. Civil courts not to have jurisdiction.-No civil court shall have

jurisdiction to entertain any suit or proceeding in respect of any

matter which the Board or the Appellate Tribunal is empowered by or

under this Act to determine, and no injunction shall be granted by

any court or other authority in respect of any action taken or to be

taken in pursuance of any power conferred by or under this Act.

57.

Cognizance of certain offences.

57. Cognizance of certain offences.-(1) No court shall take

cognizance of any offence punishable under Chapter IX save on a

complaint made by the Board or by any investigating agency directed

by the Central Government.

(2) No court inferior to that of a Chief Metropolitan Magistrate or

of a Chief Judicial Magistrate shall try any offence punishable under

Chapter IX.

(3) Every offence punishable under sections 44, 45, 46 and 47 shall

be cognizable.

58.

Delegation.

58. Delegation.-The Board may, by general or special order in

writing, delegate to any member or officer of the Board subject to

such conditions, if any, as may be specified in the order, such of

its powers and functions under this Act (except the power to settle a

dispute under Chapter VI and to make regulations under section 61),

as it may deem necessary.

59.

Power to remove difficulties.

59. Power to remove difficulties.-(1) If any difficulty arises in

giving effect to the provisions of this Act, the Central Government

may, by order, published in the Official Gazette, make such

provisions not inconsistent with the provisions of this Act as it may

deem necessary for removing the difficulty:

Provided that no order shall be made under this section after the

expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may

be after it is made, before each House of Parliament.

60.

Power of Central Government to make rules.

60. Power of Central Government to make rules.-(1) The Central

Government may, by notification, make rules for carrying out the

provisions of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the

following matters, namely:-

(a) the salaries and allowances payable to and the other conditions

of service of the Chairperson and the other members under subsection

(4) of section 5;

(b) the procedure for appointment of any person or constitution of

any authority and conducting inquiry under section 7;

(c) the salaries and allowances payable to and the other terms and

conditions of service of the Secretary, officers and other employees

of the Board, under sub-section (3) of section 10;

(d) any other matter in respect of which the Board may exercise the

powers of a civil court under clause (i) of sub-section (1) of

section 13;

(e) the eligibility conditions which an entity shall fulfil for

registration under sub-section (1) of section 15;

(f) the form of appeal and the manner of verifying such form, and the

fee which shall accompany such form, under sub-section (2) of section

33;

(g) the manner in which the accounts of the Board shall be maintained

under sub-section (1) of section 40;

(h) the time and manner in which the annual report of the Board

shall be prepared under sub-section (1) of section 41;

(i) the form and manner in which applications for claiming

compensation shall be made, the procedure for determining the

compensation and the time within which such compensation shall be

payable, under sub-section (3) of section 43;

(j) the time and manner in which returns and statements are to be

furnished by the Board to the Central Government under section 53;

(k) any other matter which is to be, or may be, prescribed, or in

respect of which provision is to be made, by rules.

61.

Power of Board to make regulations.

61. Power of Board to make regulations.-(1) The Board may, by

notification, make regulations consistent with this Act and the rules

made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such regulations may provide for all or any of the

following matters, namely:-

(a) the time and places of meetings of the Board and the procedure

(including quorum necessary for the transaction of business) to be

followed at such meetings under sub-section (1) of section 8;

(b) the powers and duties of the Secretary under sub-section (1) of

section 10;

(c) the terms and conditions of the consultants appointed under subsection

(4) of section 10;

(d) the capacity of storage facilities for petroleum, petroleum

products or natural gas requiring registration under sub-clause (iii)

of clause (b) of section 11;

(e) regulating open access to and transportation rate for the common

carrier or contract carrier or city or local natural gas

distribution network and other matters referred to in clause (e) of

section 11;

(f) marketing service obligations for entities and retail service

obligations for retail outlets under sub-clause (v) of clause (f) of

section 11;

(g) levy of fees and other charges under clause (g) of section 11;

(h) the technical standards and specifications including safety

standards in activities relating to petroleum, petroleum products and

natural gas under clause (i) of section 11;

(i) the procedure to be followed by the Board including the places at

which it shall conduct its business under sub-section (3) of section

13;

(j) the manner of maintaining the Petroleum and Natural Gas Register

under

sub-section (1) of section 14;

(k) the form and manner of making application for obtaining certified

copy of any entry in the register and the fee which shall accompany

such application, under sub-section (4) of section 14;

(l) the form and manner in which an application under sub-section (1)

of section 15 shall be made and the fee which shall accompany such

application under sub-section (2) of section 15;

(m) the manner by which a certificate of registration granted under

sub-section (3) of section 15 may be suspended or cancelled under

sub-section (4) of section 15;

(n) the form and manner in which an application under sub-section (1)

or sub-section (2) of section 17 shall be made and the fee which

shall accompany such application under sub-section (3) of section 17;

(o) the form and manner in which publicity of acceptance of

applications for registration shall be made under section 18;

(p) the manner of selection of an entity under sub-section (2) of

section 19;

(q) the principles for determining the number of years for which a

city or local natural gas distribution network shall be excluded from

the purview of a common carrier or contract carrier under sub-section

(4) of section 20;

(r) the guiding principles to be followed by the Board and the

objectives for declaring, or authorising to lay, build, operate or

expand a common carrier or contract carrier for declaring, or

authorising to lay, build, operate or expand a city or local natural

gas distribution network, under sub-section (5) of section 20;

(s) the affiliate code of conduct under which the entities are

required to comply with under the proviso to sub-section (1) of

section 21;

(t) the transportation tariffs for common carriers or contract

carriers or city or local natural gas distribution network and the

manner of determining such tariffs under sub-section (1) of section

22;

(u) the form in which a complaint may be made and the fee which shall

accompany such complaint, under sub-section (2) of section 25;

(v) the manner of holding an investigation by an Investigating

Officer under sub-section (1) of section 26;

(w) the qualifications and experience which any person for

appointment as an Investigating Officer shall possess, under subsection

(2) of section 26;

(x) the form and manner of maintaining data bank and information

system by the Board under sub-section (1) of section 51;

(y) maintenance of documentary records by an entity, under clause (a)

of sub-section (1) of section 52;

(z) any other type of documents which are to be registered with the

Board under sub-clause (ii) of clause (d) of sub-section (1) of

section 52;

(za) any other matter which is required to be, or may be, specified

by regulations or in respect of which provision is to be or may be

made by regulations.

62.

Rules and regulations to be laid before Parliament.

62. Rules and regulations to be laid before Parliament.-Every rule

made by the Central Government and every regulation made by the Board

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 regulation or both Houses agree that the rule or regulation should

not be made, the rule or regulation 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

or regulation.

63.

Transitional arrangements.

63. Transitional arrangements.-(1) Where, before the commencement of

this Act, an agreement or agreements have been entered into between

one oil company and another for the purpose of sharing of petroleum

products or sharing of infrastructure facilities among the oil

companies and such agreements have been approved by the Central

Government, the Board may monitor the implementation of such

agreements for the transition period.

(2) The Board shall monitor setting up of dealerships and

distributorships of motor spirit, high speed diesel, superior

kerosene oil, liquefied petroleum gas and CNG stations for natural

gas during transition period by the entities without encroaching on

the retail network of the existing entities.

Explanation I.-For the purposes of this section, the expression

“transition period” shall mean a period of three years from the date

of commencement of this Act.

Explanation II.-For the purposes of this section, “infrastructure

facilities” shall mean facilities at ports, refineries, terminals,

depots and aviation fuelling stations including hydrant lines and

shall include loading and unloading facilities.

Explanation III.-For the purposes of this section “encroaching”

includes taking over of retail outlet of one entity by another.

—-