PETROLEUM PRODUCTS (REGULATION AND CONTROL OF SUPPLIES) act

Arrangement of Sections

1. Short title.

PART I

ADMINISTRATION

2. Appointment of officers and servants.

PART II

RESTRICTION ON SALES OF PETROL

3. Restriction on purchase of petrol.

4. Certain persons deemed to have been approved as consumers of petrol.

5. Application for approval as consumer of petrol.

6. Power of Authority to refuse approval of person as consumer of petrol.

7. Issue of permits to approved consumers.

8. Prohibition of sale and transfer of permits.

9. Revocation of approval as a consumer of petrol.

10. Provision as to sale or delivery of petrol.

11. Deficiency or excess of stocks at retail depots.

12. Duties of vendor upon sale of petrol.

13. Returns by persons other than vendors.

14. Restrictions as to sale of petrol by the Corporation.

15. Restriction of possession, powers of search.

PART III

RESTRICTION ON SALES OF KEROSENE

16. Restriction on purchase of kerosene.

17. Certain persons deemed to have been approved as consumers of kerosene.

18. Application of certain provisions of Part II.

PART IV

RESTRICTION ON SALE OF AUTO-DIESEL

19. Restriction on purchase of auto-diesel.

20. Certain persons deemed to have been approved consumers of auto-diesel.

21. Application of certain provisions of Part II.

PART V

RESTRICTION ON SALES OF HEAVY DIESEL

22. Restriction on purchase of heavy diesel.

23. Application of certain provisions of Part II.

PART VI

RESTRICTION ON SALES OF FURNACE OIL

24. Restriction on purchase of furnace oil.

25. Application of certain provisions of Part II.

PART VII

RESTRICTION ON SALES OF LIQUID PETROLEUM GAS

26. Restriction on purchase of liquid petroleum gas.

27. Application of certain provisions of Part II.

PART VIII

RESTRICTION ON SALES OF AVIATION TURBINE FUEL

28. Restriction on purchase of aviation turbine fuel.

29. Application of certain provisions of Part II.

PART IX

GENERAL

30. Returns by vendors and suppliers.

31. Power of Authority to regulate supplies to vendors.

32. Possession of forged, invalid or cancelled coupons.

33. Possession of instruments for forging coupons.

34. Seizure of forged coupons.

35. Power of Authority to give directions.

36. Certificate issued by Corporation to be conclusive evidence of certain facts stated therein.

37. Offences and penalties.

38. Offences by bodies of persons.

39. Restrictions as to actions against the Corporation or vendors.

40. Regulations.

41. Application of Act to the Government.

42. Omitted.

43. This Act to prevail over other written law.

44. Interpretation.

34 of 1979.

AN ACT to provide for the regulation and control of the distribution and use of Petroleum Products with a view to ensuring the fair distribution of such products, and to the conservation of supplies thereof; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: Section 1 and Parts I and IX—31st May, 1979]

1. Short title.

(1) This Act may be cited as the Petroleum Products (Regulation and Control of Supplies) Act.

(2) The provisions of this Act shall come into operation as follows—

(a) the provisions of this section and the provisions of Parts I and IX of this Act shall come into operation on the 31st day of May, 1979;

(b) the provisions of Parts II, III, IV, V, VI, VII and VIII of this Act shall come into operation on such date or dates as the Minister may appoint by Order published in the Gazette. Different dates may be appointed in respect of different Parts of this Act.

(3) Where any Part of this Act is brought into operation by an Order made under paragraph (b) of subsection (2), the provisions of that Part shall continue to be in operation until such Order is revoked by the Minister by a like Order published in the Gazette.

(4) The revocation of an Order made under paragraph (b) of subsection (2) bringing any Part of this Act into operation shall be deemed not to prejudice the power of the Minister to bring such Part into operation at any time after such revocation by a subsequent Order made under that paragraph.

PART I

ADMINISTRATION

2. Appointment of officers and servants.

(1) There may be appointed, for the purposes of this Act—

(a) by name or by office, a Competent Authority for Petroleum Products (in this Act referred to as "the Authority”) and such number of Petroleum Controllers, Deputy Petroleum Controllers and Assistant Petroleum Controllers as may be necessary for the purpose of carrying out or giving effect to the provisions of this Act;

(b) such other officers and servants as may be necessary to assist the officers referred to in paragraph (a), in the administration of this Act.

(2) The Authority may, in writing, delegate to any Petroleum Controller, Deputy Petroleum Controller or Assistant Petroleum Controller any power, duty or function conferred or imposed on or assigned to, such Authority by this Act.

PART II

RESTRICTION ON SALES OF PETROL

3. Restriction on purchase of petrol.

From and after the date of coming into operation of this Part of this Act, no person other than a vendor shall purchase or obtain petrol unless he is an approved consumer of petrol and is the holder of a valid permit issued by the Authority in respect of petrol.

4. Certain persons deemed to have been approved as consumers of petrol.

(1) Every person who is registered under the Motor Traffic Act as the owner of a petrol-driven motor vehicle and holds—

(a) a certificate of registration;

(b) a valid revenue licence; and

(c) a valid certificate of insurance,

issued, under that Act, in respect of that vehicle, shall, so long and so long only as he continues to be so registered, be deemed to have been approved by the Authority under this Act as a consumer of petrol.

(2) The Authority may require any person who is deemed by virtue of the preceding provisions of this section, to have been approved under this Act as a consumer of petrol, to furnish such information as the Authority may require to enable him to determine the quantity of petrol which such person should be authorised to obtain during any period.

(3) Nothing in this Act shall be read or construed as requiring any person who is deemed by virtue of the preceding provisions of this section to have been approved under this Act as a consumer of petrol to apply under section 5 for approval as a consumer of petrol.

5. Application for approval as consumer of petrol.

(1) Every application for the approval of a person as a consumer of petrol shall be made to the Authority and shall set out—

(a) a description of the vehicle, vessel, aircraft, plant or machinery for which petrol is required by that person, and in the case of a vehicle, the registered number, make and horse-power thereof;

(b) the purpose for which such vehicle, vessel, aircraft, plant or machinery is intended to be employed;

(c) the monthly average quantity of petrol purchased by the applicant during the twelve months immediately preceding the date on which the application is made;

(d) the estimated monthly average quantity of petrol required by the applicant after such date; and

(e) particulars of such other matters may be prescribed.

(2) Every applicant who desires to take delivery of any petrol otherwise than in the tank of a vehicle, vessel or aircraft shall specify in his application the manner in which he proposes to take delivery of the petrol and his reasons for requiring delivery in such manner.

(3) The Authority may provide forms of application for the purposes of this section and where such forms are provided, application shall be made in the form so provided.

6. Power of Authority to refuse approval of person as consumer of petrol.

(1) The Authority may refuse to approve any person as a consumer of petrol, if having regard to—

(a) the stocks of petrol in Sri Lanka;

(b) the necessity for conserving such stocks for use for public purposes and the maintenance of essential services; and

(c) the purposes for which petrol is required by such person,

the Authority is satisfied that such person should not be authorised to obtain supplies of petrol.

(2) Where the Authority refuses to approve any person as a consumer of petrol—

(a) the Authority shall give notice of such refusal by registered letter sent through the post to such person at the address specified by him in his application;

(b) that person may, within two weeks of the receipt of such notice, prefer an appeal to the Secretary to the Ministry against such refusal.

(3) The decision of the Secretary on any appeal preferred under subsection (2) shall be final.

7. Issue of permits to approved consumers.

(1) Where a person is approved or is deemed to have been approved, as a consumer of petrol, the Authority may, from time to time and having regard to—

(a) the stocks of petrol currently available in Sri Lanka;

(b) the necessity for conserving such stocks for use for public purposes and the maintenance of essential services; and

(c) the purpose for which such petrol is required by such person,

determine the quantity of petrol which that person may be authorised to obtain during any period and may issue to him one or more permits to which shall be attached such number of coupons as may be necessary to enable him to obtain that quantity of petrol during that period.

(2) Where the Authority has determined, under subsection (1), the quantity of petrol that an approved consumer may be authorised to obtain during any period, he may, having regard to the matters set out in paragraphs (a), (b) and (c) of subsection (1), vary such determination at any time during that period.

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