The Petroleum Act, 1934

An Act to consolidate and amend the law relating to the import transport, storage, production, ¹ [refining, blending or reclaiming by recycling, distribution and marketing] of petroleum and other inflammable substances. WHEREAS it is expedient to consolidate and amend the law relating to the import, transport, storage, production, [ [refining, blending or reclaiming by recycling], distribution and marketing] of petroleum and other inflammable substances; It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(1) This Act may be called the Petroleum Act, 1934.

(2) It extends to the whole of Bangladesh.

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

Section 2. Definitions

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

of hydrocarbons, and any inflammable mixture (liquid, viscous or solid ) containing any liquid hydrocarbon;

²(b) "class I petroleum" means petroleum having its flashing-point below twenty-three degrees centi-grade;

authority of the Government or otherwise, of marketing petroleum in Bangladesh;

Section 3. Import, transport and storage of petroleum

(1) No one shall import, transport ⁹store or distribute 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 make

under section 4, on one shall import any ¹⁰class I petroleum, and no one shall transport ¹¹, store or distribute any petroleum.

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

The Government may make rules-

¹⁶(l) regulating the distribution of petroleum;

Section 5. Production, refining and blending of petroleum

(1) No one shall produce, ¹⁷refine, blend or reclaim by recycling petroleum save in accordance with the rules made under sub-section (2).

(2) The Government may make rules-

Section 6. Receptacles of class I petroleum to show a warning

All receptacles containing ²¹class I petroleum shall have a stamped, embossed, painted or printed warning, either on the receptacles 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 ²²class I nature of the petroleum:

Provided that this section shall not apply to-

Section 7. No licence needed for small stocks of class II petroleum not in bulk

Notwithstanding anything contained in this Chapter a person need not obtain a licence for the transport or storage of ²⁵class II petroleum if the total quantity in his possession at any one place does not exceed ²⁶two thousand litres and none of it is contained in a receptacles exceeding ²⁷one thousand litres in capacity.

Section 8. No licence needed for small quantities of class I petroleum

(1) Notwithstanding anything contained in this chapter, a person need not obtain a licence for the import, transport or storage of ²⁸class I petroleum not intended for sale if the total quantity in his possession does not exceed ²⁹twenty-five litres.

(2) ³⁰Class I petroleum 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 ³¹one litre in capacity or in the case of receptacles of metal ³²twenty litres in capacity.

Section 9. Exemptions for motor conveyances and stationary engines

(1) The owner of a motor conveyance, who complies with requirements of the law for the time being in force relating to the registration and licencing of such conveyance and its driver or pilot and the owner of any stationary internal combustion engine, shall not be required to contain a licence-

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

Provided further that the total quantity of ³⁵class I petroleum which may be stored without a licence under clause (b) shall not exceed ³⁶ninety litres, notwithstanding that such owner may possess other motor conveyances or engines.

(2) The ³⁷class I petroleum transported or stored without a licence under clause (b) of sub-section (1) shall be kept as provided in sub-section (2) of section 8, and, if it exceeds ³⁸twenty-five 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.

Section 10. No licence needed by railway administration acting as carrier

Notwithstanding anything contained in this Chapter, ³⁹the railway administration, as defined in section 3 of the Railways Act, 1890, need not obtain any licence for the import or transport of any petroleum in its possession in its capacity as carrier.

Exemption

⁴⁰11. [Nothing in this Chapter shall apply to the storage transport and import of any petroleum which has its flashing point not below ninety-five degrees centigrade.

Section 12. General power of exemption

The 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.

Section 13. Inspection of places

(1) The Government may authorise any officer by name or by virtue of office to enter any place where petroleum is being imported, ⁴¹stored, distributed produced, ⁴²refined blended or reclaimed by recycling or is under transport, and inspect all receptacles, plant and appliances used in connection with petroleum in order to ascertain if they are in accordance with the provisions of this Chapter and the rules made thereunder.

(2) The Government may make rules regulating the procedure of officers authorised under this section.

Section 14. Inspection and sampling of petroleum

(1) The Government may, by notification in the official Gazette, authorize any officer by name or by virtue of office to enter any place where petroleum is being imported, transported, ⁴³stored, distributed, produced, ⁴⁴refined, blended or reclaimed by recycling and to inspect and take samples for testing of any petroleum found therein.

(2) The Government may make rules-

Section 15. Standard Test Apparatus

(1) A standard apparatus for determining the flashing point of petroleum shall be deposited with an officer to be appointed in this behalf by the Government, by notification the official Gazette.

(2) Such apparatus shall be engraved with the words "Standard Test Apparatus", and shall be verified and corrected form time to time and replaced when necessary, in accordance with rules made under section 21.

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

Section 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 flashing-point of petroleum which may be submitted to him for him for this purpose.

(2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed limits, the officer shall engrave such apparatus with a special-number and with the

date of the comparison, and shall give a certificate in respect of it in the prescribed form, certifying that on the said date the apparatus was compared with the standard Test Apparatus and was found to agree with it within the prescribed limits, and specifying any corrections to be made in the results of tests 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.

Section 17. Testing officers

The 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 tests.

Section 18. Manner of test

All tests of petroleum made under this Act, shall be made with a test apparatus in respect of which there is a valid certificate under section 16, shall have due regard to any correction specified in that certificate, and shall be carried out in accordance with rules made under section 21.

Section 19. Certificate of testing

(1) The testing officer after testing samples of petroleum shall make out a certificate in the prescribed form, stating whether the petroleum is ⁴⁵class I or ⁴⁶Class II, and if the petroleum is ⁴⁷class II, the flashing-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 such certified copy may be produced in any Court in proof of the contents of the original certificate.

(3) A certificate given under this section shall be admitted as evidence in any proceeding which may be taken under this Act in respect, or the petroleum from which the samples were taken, and shall until the contrary is proved, be conclusive proof that the petroleum is, ⁴⁸class I or ⁴⁹class II as the case may be, and, if the petroleum is ⁵⁰class II, of its flashing point.

Section 20. Right to require re-tests

(1) The owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the petroleum may, within seven days from the date on which he received intimation of the result of the test, apply to the officer empowered under section 14 to have fresh samples of the petroleum taken and tested.

(2) On such application and on payment of the prescribed fee, fresh samples of the petroleum shall be taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence of such owner or agent or person deputed by him.

(3) If, on such re-test, it appears that the original test was erroneous, the testing officer shall cancel the original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner of the petroleum, or his agent, with a certified copy thereof, free of charge.

Section 21. Power to make rules regarding tests

The Government may make rules-

Section 22. Special rules for testing viscous or solid forms of petroleum

The 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.

Section 23. General penalty for offences under this Act

(1) Whoever-

distributed produced, ⁵⁵refined, blended or reclaimed by recycling 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

shall be punishable ⁵⁸with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, 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 with ⁵⁹with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both.

Section 24. Confiscation of petroleum and receptacles

(1) In any case in which an offence under clause (a) or clause (b) or clause (c) or sub-section (1) of section 23 has been committed, the convicting Magistrate may direct that

shall, together with the receptacles in which it is contained, be confiscated.

(2) This power may also be exercised by the ⁶²High Court Division in the exercise of its appellate or revisional powers.

Section 25. Jurisdiction

Offences punishable under this Act shall be triable, by a Magistrate of the first class, or by a Magistrate of the second class who has been specially empowered by the Government in this behalf.

Section 26. Power of entry and search

(1) The 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, ⁶³stored, distributed,

produced, ⁶⁴refined, blended or reclaimed by recycling otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed.

(2) The provisions of the Code of Criminal Procedure, 1898, relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section.

(3) The Government may make rules regulating the procedure of authorised officers in the exercise of their powers under this section subject, how ever, to the provisions of sub-section (2).

Section 27. Reports of accidents with petroleum

Where any accident by explosion or fire, which is attended with loss of human life or serious injury to person or property, occurs as the result of the ignition of petroleum or petroleum vapour, or occurs in or near any place where petroleum is kept and under circumstances making it likely that it was the result of such ignition, the person for the time being in charge of the petroleum shall forthwith give information to the nearest Magistrate or to the officer in charge of the nearest police station ⁶⁵and to the Chief Inspector of Explosives in Bangladesh.

Report to be submitted to chief Inspector of explosives

⁶⁶28A. The officer authorised under sections 13, 14 and 26 shall furnish a copy of the report on the matter enquired into, or searched, by him in accordance with the provisions of these sections to the Chief Inspector of Explosives in Bangladesh.

Section 28. Inquiries into serious accidents with petroleum

(1) The inquiry mentioned in section 176 of the Code of Criminal Procedure, 1898, shall ⁶⁷* * * 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.

(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, not-withstanding that no person was killed thereby.

(3) ⁶⁸Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.

(4) The result of all inquires held in pursuance of this section ⁶⁹* * shall be submitted as soon as may be to the Government, the Chief Inspector of Explosives in Bangladesh ⁷⁰ * *.

Section 29. Provisions relating to rules

(1) In marking any rules under this Act, the Government may-

which in its opinion provision is necessary to protect the public from danger arising from the import, transport, ⁷¹storage, distribution production, ⁷²refining, blending or reclaiming by recycling of petroleum, and

(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.

Section 30. Power to apply Act to other substances

(1) The Government may, by notification in the official Gazette, apply any or all of the provisions of this Act, and of the rules made thereunder with such modifications as it may specify, to any dangerously inflammable substance, other than an explosive, and there upon the provisions so applied shall have effect as if such substance has been included in the definition of petroleum.

(2) The Government may make rules providing specially for the testing of any substance to which any of the provisions of this Act have been applied by notification under sub-section (1) and such rules may supplement any of the provisions of chapter II in order to adapt them to the special needs of such tests.

Section 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 Government may, by notification in the official Gazette,-

Section 32. [Repealed]

[Repealed by sections 2 and Schedule of the Repealing Act, 1938 (Act No. 1 of 1938).]