and thereupon the provisions of this Act, and of the rules made under this Act, with respect to transport and import, respectively, shall apply to petroleum so imported or transported.

' (3) + (4).

Dangerous Petroleum.

• added by VII/98.3.3

5. (1) No quantity of dangerous petroleum exceeding forty gallons
shall be imported or transported, or kept by
any one person or on the same premises, except
under, and in accordance with the conditions

Dangerous petroleum in quan

tities exceeding forty gallons.

of, a license from the Local Government granted as next hereinafter provided.

(2) Every application for such a license shall be in writing, and shall declare

(a) the quantity of the petroleum which it is desired to import,
transport or possess, as the case may be;

(b) the purpose for which the applicant believes that the petroleum
will be used; and

(c) that petroleum other than dangerous petroleum cannot be used

for that purpose.

(3) If the Local Government sees reason to believe that the petroleum will be used for that purpose, and that no petroleum other than dangerous petroleum can be used for the purpose, it may grant the license for the importation, transport or possession (as the case may be) of the petroleum, absolutely or subject to such conditions as it thinks fit.

Dangerous petroleum in quantities not exceeding forty gallons.

6. No quantity of dangerous petroleum equal to or less than forty gallons shall be kept or transported without a license :

Provided that nothing in this section shall apply in any case when the quantity of the petroleum kept by any one person or on the same premises, or transported, does not exceed three gallons, and the petroleum is placed in separate glass, stoneware or metal vessels, each of which contains not more than a pint and is securely stopped.

Vessels containing dangerous

petroleum to be labelled.

7. Dangerous petroleum

(a) which is kept at any place after seven days from the date on
which it is imported, or

(b) which is transported, or

(c) which is sold or exposed for sale,

shall be contained in vessels having attached thereto a label in conspicuous characters stating the description of the petroleum, with the addition of the words "highly inflammable" and with the addition

(d) in the case of a vessel kept, of the name and address of the

consignee or owner;

(e) in the case of a vessel transported, of the name and address of the sender; and

(f) in the case of a vessel sold or exposed for sale, of the name and address of the vendor.

Power for Local Government

Petroleum generally.

8. (1) The Local Government, with the previous sanction of the Governor General in Council, may make rules consistent with this Act to regulate the importation of petroleum, and in particular—

GG (1890) to make rules as to importation

Pt I þ3414511 and refining of petroleum.

(a) to determine the ports at which only petroleum may be

imported;

(b) to ascertain the quantity and description of any petroleum on board any ship;

(c) to determine the places at which, and the conditions on and
subject to which, petroleum may be discharged into boats,
landed, transhipped or stored;

(d) to provide for the selection by an officer appointed by the
Local Government in this behalf, and for the delivery to
him, either after or before petroleum has been landed, of
samples of all petroleum landed or intended to be landed;
(e) to provide, in the case of each consignment which is stated to
be of one uniform quality, for the number of samples to be
selected, and for the averaging of the results of the testing
of those samples;

(ƒ) to provide, where the results of the testing of the samples
raise a doubt as to the uniformity of the quality of the
petroleum in any such consignment, for the division of the
consignment into lots, and for the selection and testing of
samples of each lot, and for the treatment of the lot in
accordance with the results of the testing of those samples;

(g) to fix fees for the sampling and testing of petroleum; and
(h) to fix fees for the storage of petroleum unless a body of port
commissioners or other like body is empowered in that
behalf.

(2) The Local Government, with the previous sanction of the Governor General in Council, may, with respect to any petroleum produced within its territories, make rules—

(a) to define the limits of the places where the petroleum is to be refined;

(b) to provide for the testing of the petroleum at or near those places; and

(c) to prevent the removal from those limits, otherwise than under

the provisions of this Act applicable to dangerous petroleum, of petroleum which has not satisfied the tests prescribed by the rules.

Procedure after petroleum has been discharged or landed.

9. (1) Petroleum discharged into boats or landed in accordance with rules made under section 8, sub-section (1), shall not be removed from the boats or places in or at which it is stored until the samples selected therefrom in accordance with those rules have been tested by an officer appointed by the Local Government in this behalf in the manner described in the schedule to this Act, with an apparatus which has been stamped and certified as provided by this Act, and until the officer has given a certificate that the petroleum is not dangerous petroleum.

(2) If the officer after testing the samples refuses to give the certificate in respect of any petroleum, the Local Government may permit the consignee, within a time to be fixed by the Local Government in this behalf,

(a) to rectify the petroleum,

(b) to apply for a license to import the petroleum as dangerous petroleum, or

(c) to re-export the petroleum.

(3) If the consignee does not within the time fixed under sub-section (2) avail himself of the permission granted under that sub-section, the petroleum may be disposed of as the Local Government directs.

(4) Notwithstanding anything in the foregoing portions of this section, the Local Government in its discretion may, where the officer has refused the certificate, direct that the petroleum be re-tested by another officer appointed by it in this behalf, and may, if that officer advises that the petroleum is not dangerous petroleum, authorise its removal from the boats or places in or at which it is stored.

10. No quantity of petroleum exceeding five hundred gallons shall be kept by any one person or on the same Possession and transport of premises or shall be transported except under, petroleum. and in accordance with the conditions of, a

license granted under this Act.

11. (1) The Local Government, with the previous sanction of the Governor General in Council, may make rules consistent with this Act as to the granting of licenses to possess or transport petroleum

Power to make rules as to possession and transport.

in cases where such licenses are by law required.

(2) The rules may provide for the following among other matters, that

is to say:

in the case of licenses to possess petroleum

(a) the nature and situation of the premises for which they may be granted, and

(b) the inspection of the premises and the testing of petroleum found thereon;

in the case of licenses to transport petroleum

(c) the manner in which the petroleum is to be packed, the mode and time of transit, and the route by which it is to be

taken, and

(d) the stoppage and inspection of it during transit ;

in the case of both such licenses

(e) the authority by which the license may be granted;
(f) the fee to be charged for it;

(g) the quantity of petroleum it is to cover;

(h) the conditions which may be inserted in it;

(i) the time during which it is to continue in force; and

(j) the renewal of the license.

(3) The Governor General in Council may make rules consistent with this Act as to the granting of licenses to transport petroleum from any part of British India to any other part of British India in cases where such licenses are by law required; and those rules may provide, among other matters, for those mentioned in sub-section (2) as matters for which rules made by a Local Government with respect to licenses to transport petroleum may provide.

Power to inspect and require

dealer to sell samples.

12. Any officer specially authorized by name or by virtue of his office in this behalf by the Local Government may require any dealer in petroleum to show him any place and any of the vessels in which any petroleum in his possession is stored or contained, to give him such assistance as he may require for examining the same, and to deliver to him samples of the petroleum on payment of the value of the samples.

Notice to be given when officer proposes to test samples.

13. When any such officer has, in exercise of the powers conferred by section 12, or by purchase, obtained a sample of petroleum in the possession of a dealer, he may give a notice in writing to the dealer informing him that he is about to test the sample or cause it to be tested with the apparatus and in the manner described in the schedule to this Act, at a time and place to be fixed in the notice, and that the dealer or his agent may be present at the testing.

14. On any such testing, if it appears to the officer or other person so testing that the petroleum from which the sample has been taken is or is not dangerous petroleum, the officer or other person may

Certificate as to result of testing.

certify the fact; and the certificate so given shall be receivable as evidence in any proceedings which may be taken under this Act against the dealer in whose possession the petroleum was found, and shall, until the contrary is proved, be evidence of the fact stated therein; and a certified copy of the certificate shall be given free of charge to the dealer at his request.

15. Any person who, Penalty for illegal importation, possession or transport of petroleum.

Penalties.

in contravention of this Act or of any rules made under this Act, imports, possesses or transports any petroleum, and any person who otherwise contravenes any such rules or any condition contained in a license granted under this Act, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

16. Any person keeping, transporting, selling or exposing for

Penalty for keeping, transporting, selling or exposing for sale petroleum in contravention of section 7.

Penalty for refusing to comply with section 12.

sale petroleum in vessels not labelled as prescribed by section 7, shall be punished with fine which may extend to five hundred rupees.

17. Any dealer in petroleum who refuses or neglects to show to any officer authorized under section 12 any place or any of the vessels in which petroleum in his possession is stored or contained, or to give him such assistance as he may require for examining the same, or to give him samples of the petroleum on payment of the value of the samples, shall be punished with fine which may extend to two hundred rupees.

18. In any case in which an offence under section 15 or section 16 has been committed, the convicting Magistrate may direct that— ·

Confiscation of petroleum.

(a) the petroleum in respect of which the offence has been

committed, or

(b) where the offender is importing or transporting, or is in posses

sion of, any petroleum exceeding the quantity (if any) which he is permitted to import, transport or possess, as the case may be, the whole of the petroleum which he is importing or transporting or is in possession of,

shall, together with the tins or other vessels in which it is contained, be confiscated.

19. The criminal jurisdiction under this Act shall, in the towns of Calcutta, Madras and Bombay, be exercised Jurisdiction. by a Presidency Magistrate, and elsewhere by a Magistrate of the first class, or (where specially empowered by the Local Government to try cases under this Act) a Magistrate of the second class.

641