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Government of IndiaMinistry of Petroleum & Chemicals & Mines & Me tals

(Depar tment of Petroleum)

New Delhi, the 1st June, 1970.11th Jyaistha, 1892 .

ORDER

, ,.<_H ~!

G.S.R. In exercise of the powers conferred by Section 3 of the Es sen ­tial Commodities Act, 1955 (10 of 1955) an d in supe rs ession of tn.:Kerosene (Fixation of Ceiling Prices), Order, 1966, the ' Central Govern­ment hereby makes the following order namely :-L Short title, exten t and commencement : (I) This order may bJ2

called the kerosene (F ixation of ceiling prices) order, 1970.(2') It extends to the whole of India .

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(3) It shall come into force on the 1st day of June, 1970.2. Definitions :- In this order , unless the con text otherwise re­

quires,-i~ a) "dealer" means a person carrying on the business of selling

Kerosene, whether wholesale or r etail an d wheth er in conj unc­tion with any other business or not , and includes-

(i) his representative or agent ; and(ii) an oil com pany m aking wholes a le supply from i ts sto-~ rage or selling poin t ; '....!

b ) "de cla red _pr iG.e" in relation to a variety of kerosene sold in anyarea =I: m eans -the maximum sell ing price declared in accor­dance with th e provisions of clause 3.

(1) by the state Governmen t or Distri ct Collec tor in the case ofan are a in a state, or

(2) by the Administrator of a Un ion Terri tory in the case of anarea in a Un ion Territory , or

(3) .by such officer as the St a te Government or the Administratorof a Union territory , as the case m ay be, may em power inth is behalf, .J

as the price at which that varie ty of Kerosene is to be sold by adealer in that a re a from the 1st day of June, 1970, or from thedate of the declaration of price by the afo resaid authorities.(c) the exp ress ion "kerosene" shall have the meaning assigned to

it in item No.7 of th e First Schedule to th e Central Excises and Sa lt Act,1944 (I of 1944) and shall include avaition turbine fuel.

(d) "Schedu le price" in relation to a variety of Kerosene sold inany are a m eans the basis ceiling selling price of that variety of keroseneat the n earest main port or the refinery , as the case may be , as indica­ted in it em I of the Schedule appen ded to th is Order.

3. Fixation ~?L.!!!~'0_:glu~lling price of Kerosene: on and fromthe date of commencement of this order, no dealer shall sell keroseneto any person at a pr ice which is in excess of the =I: declared pric.e..which shall include the following namely:- )

a) the sch edule price.b ) the increase or decrease , if any, in Central du ties after tile Ist

day of June , 1970, as the Central Government , may, by notifica tion inthe official Gazette , specify in thi s behalf; if'

c) the ra te of dealers' commission at Rupees seven and seventy )pa ise per kilo li tre to the State Government, or the Administrator of aunion ter ri tory, as the case may be, allowing, by notification in the offi-

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cial Gazette, reimbursement of any extraordinary expenditure whichthe dealers may have to incur under local conditions;

d) i) the railway freight actually payable on the 1st day of June ,1970 for transporting the quantity of kerosene from the nearest port ofinstallation or the refinery, as the case may be, to the place of sale andthe increase or decrease, if any, in such freight after that date;

(ii) the road transportation charges actually payable on the1st da y. of June , 1970, for the transportation of supplies of kerosene byroad by the dealer from the nearest storage or selling point of any oilcompany to the place of sale, as the State Government or the Adminis­trator of a Union territory, as the case may be , may having regard to thetransportation charges payable for the transportation of goods by theshortest route, allow and the increase or decrease therein, if any, afterthat date; .

Provided that for the sale of kerosene in the ** States of Assam,l\Ieghalaya , Nagaland, Manipur and Tripura and the Union territories

, of l\Iizoram and Arunachal Pradesh a flat transportation surcharges in.lieu of the charges specified in sub-clauses (i) & (ii) above, shall beadded as shown at item II of the schedule appended to this order.

e) the sales tax and any other local tax payable on the 1st day ofJune , 1970, on the quantity of kerosene and the increase or decrease, ifany,therein after that date;

1') the price of container as shown in item III of the Scheduleappended to this order for all supplies of kerosene in eighteen decinalfive litre tins;

g) the surcharge, if any, over the basic ceiling selling prices men­tioned in the Schedule appended to this Order which may be imposed bythe Central Government from time to time.

4. Kerosene stock to be displayed :-Every dealer shall causeto be prominently displayed on a special board to be maintained for thispurpose at or ncar the entrance of the place of sale-

a) the varieties of kerosene held by him from time to time instock for ready delivery;

b) the declared price of each such variety of kerosene and

c) the price at which he proposes to sell each such variety ofkerosene.

5) Prohibition against with holding kerosene from sa le :- Nodealer having stock of kerosene shall withhold it from sale .

()) Inspection and maintenance of books of accoun ts , documentsand records :-

Any officer authorised in this behalf by the State Government inrelation to a territory in a State or , as the case may be, by the Adminis­trator, in relation to a territory in a Union territory , m ay , wi th a viewto securing compliance with this order-

(i) require the dealer to maintain and produce for inspectionsuch books of accounts or other documents and records re lating to hi sbusiness and to furnish such information relating theret o , as may bespecified in such authorisation, and

. (ii) prescribe the manner in which accounts of sale or purchaseof or other transaction in kerosene shall be kept.

7. Power of entry, search and seizure-(I) Any ***** Policeofficer not below the rank of a Sub-Inspector, or any othe r offic er ofGovernment of and above an equivalent rank authorised in this beha lfby the State Government in relation to a territory in a State or, as thecase may be , by the Administrator , in relation to a territory in a Un ionterritory, may, with a view to securing compliance with this order or tosatisfying himself that this order has been complied with and with suchassistance , if any, as he thinks fit-

(i) enter, inspect or break open and search any place or premises,vehicle or vessel, which he has reason to believe has been or is be ingused for the contravention of this Order, and

(ii') search, seize and remove st ocks of kerosene and the anim als ,vehicles, vessels, or other conveyance used in carrying ke rosen e in con­travention of the provisions of this order , and thereafter ta ke or autho­rise the taking of all measures necessary for securing the produc tion ofthe said stocks and the animals, vehicles vessels or othe r conveyance soseized, in a court and for their safe custody pending su ch production.

2) . The provisions of section ***** 100 of the Code of Cr im inalProcedure, 1973 (2 of 1974), relating to search and se izure shall , so faras may be, apply to search and seizures under th is order.

3). Provisions of the order to prevail over previous orders ofState Governments, etc.- ;: , i

The provisions of this order shall have effect notwithstandinganything to the contrary contained in an y order m ade by the State Go­vernment or the Administrator of a Union"terr itory or by any office r ofsuch State Government or Union Territory before the comm encement ofthis order, except as re spect anything done or omitted to be done there­under before such commencement.

.-.. -- " '~'-- "-'- .. .._-- ... ._. - .~ . - _. _-- - -~~

148 .

1286.491279.92

1285.321285.32

Aviation TurbineFuel.

Rs./KL.

1267.13

In Rs. per kilolitre

1098.82

1119.63

KeroseneSuperior.

Rs./KL

1034.241086.761094.661092.04

Rupees Thirtyflvc decimal 1 .

two two one one.Rupees Thirtyfive decimaltwo two one one.Rupees four and Seventyfive paise per tin.

(b) Kerosene Inferior

III. Price of 18.5 litre tin.

h* 1'1. Basic Ceiling selling Prices of Kerosene in bulk per kilolitreex-storage points.

Refinery Port.~':":~"":""._ r;"."l\...: ':,:\

(a) Bombay/Koyali.(b) Cochin.(c) Madras.(d) Visakhapatnam.(e) Haldia/Digboi/

Gauhati/Barauni.(f) Calcutta.

**** II. Flat transportation\.. \ I t>\ \'., .charges.

(a) Kerosene Superior

* Amended vide Government of India, Ministry of Petroleum Noti­fication No. 1/30/70-PPD dated 25.3.71 republished by Governmentof Tripura, Food and Civil Supplies Department NotificationNo . F. 12(6)-FSD/70 dated 5th May, 1971.

** Substituted vide Government of India, Ministry of Petroleum Noti­fication No. I-11012/6/71-PPD dated 6th July , 1972 and republish­ed by Government of Tripura , Food and Civil Supplies Notifica­tion No. F. 12(12)-FSD/72 dated 29th July, 1972.

*** Substituted vide Government of India, Ministry of PetroleumNotification No. P 20012/16/75-PPD dated 1st December, 1975 andrepublished by Government of Tripura, Food and Civil SuppliesNotification No. F. 12(4) -FSD/74 dated 22nd December, 1975.

**** Substituted vide Government of India , Ministry of Petroleum Noti­fication No. J-11012/1 /72-PPD dated 6th July,' 1972 and republish­ed by Government of Tripura, Food and Civil Supplies Notifica­tion No. F. 12(12) FSD/72 dated 29th July, 1972.

***** Substituted vide Government of India , Ministry of P etroleumNotification No. P-20012/18/75-PPD dated 29th November, 1975and republished by Government of Tripura , Food and Civil Sup­plies Notifica tion No. F. 12(4)-FSD/74 dated 22nd December , 1975.

For the whole of Tripura.

Within the local limits oftheir respective RevenueSub-divisions.

'Vi thin the local limits oftheir respective jurisdictions.

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Delegation of Powers.

A). The State Government has authorised the following Officersto exercise powers and perform duties under clause 6 and 7 of the Kcro­sene (Fixation of ceiling Prices) Order, 1970 within their respectivejurisdictions as mentioned against each vide Government of Tripura,Food and Civil Supplies Notification/order No. F. 12(G)-FSD/70 dated13.8.1970.1. District Magistrate &

Collector, Tripura.2. Director, Food and Civil

Supplies, Tripura.3. All Sub-Divisional Officers .

4. All Circle Officers, AllOfficers of the Food andCivil Supplies Departmentnot below the rank of Sub­Inspectors and all Policeofficers of and above ·thc

. rank of Head Constable.

B). By order No. F. 12(6)-FSD/70 dated .13.8 .70 of the Food andCivil Supplies Department the State Goverrimefil has empowcred allSub-divisional Officers to exercise powcrs under sub-clause (b) (3) ofclause 2 of the Kerosene (Fixation of Ceiling Prices) Order, 1970 withinthe local limits of their respective Revenue jurisdictions.