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Gazette Tracker

Core Purpose

Draft notification proposing the Petroleum (Amendment) Rules, 2023 to amend the Petroleum Rules, 2002, published for public objections and suggestions.

Detailed Summary

The Ministry of Petroleum and Natural Gas published, via Notification G.S.R. 814(E) dated 31st October 2023, a draft of the "Petroleum (Amendment) Rules, 2023," proposed under section 4 and sub-sections (2) and (3) of section 29 of the Petroleum Act, 1934 (30 of 1934), inviting objections and suggestions to the Joint Secretary (M&OR), Ministry of Petroleum and Natural Gas (email [email protected]), to be considered before the rules are finalised after the expiry of forty-five days from the date the draft is made available to the public; the draft amends the Petroleum Rules, 2002 by inserting definitions for "Heavy machineries," "Heavy vehicles," "ISO Tank container," "ISO Tank container framework" and "Third Party Inspection Agency (TPIA)" in rule 2; exempting petroleum imported for research and development purposes that conforms to IATA Dangerous Goods Regulations under new rule 4(4); permitting TPIA to certify repairs and testing alongside the Chief Controller/Controller under rules 8, 77, 85, 93 and 98; inserting new rule 14A requiring Chief Controller or Controller import permission (valid up to three years) for ISO tank containers, with prescribed application requirements; inserting a new Part IV comprising rules 27A-27C restricting and regulating importation of petroleum by air, including declarations to the Commissioner of Customs and unloading permissions; permitting e-payment or Non Tax Receipt Portal payment of fees under rule 13; requiring Chief Controller/Controller permission (valid one year) for road transport of petroleum Class A or B in ISO tank containers under rule 75; and updating electrical apparatus safety standards under rule 106 to reference additional IS/IEC 60079 series standards.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section (i) PUBLISHED BY AUTHORITY No. 634] NEW DELHI, WEDNESDAY , NOVEMBER 1 , 2023/ KARTIKA 10, 1945 CG-DL-E-04112023-249856 जतजथ ...................................................... जनवासी /पता ............................... ............................................................... को उनक े पटरसर , सवेिण संख्या 2000 63(2) 3000 130(2)(i) ____________________________________________________________________ [िेखें जनयम 2(vi), (xxxiii क), 8, 93, 126 और 130] दिनांक : संस्ट्थान की मयहर MINISTRY OF PETROLEUM AND NATURAL GAS NOTIFICATION New Delhi, the 31st October, 2023 G.S.R. 814(E). — The following draft of certain rules further to amend the Petroleum Rules, 2002 which the Central Government proposes to make in exercise of the powers conferred by section 4 and sub -sections (2) and (3) of section 29 of the Petroleum Act, 1934 (30 of 1934), is hereby published as required by sub -section (4) of section 29 of the said Act for information of all persons likely to be affected thereby and not ice is hereby given that the said draft shall be taken into consideration on or after the expiry of a period of forty -five days from the date on which the copies of the Gazette of India containing the draft rules are made available to the public; Objection s and suggestions which may be received from any person within the period specified above will be considered by the Central Government. The objections and suggestions, if any, may be addressed to the Joint Secretary (M&OR), Ministry of Petroleum and Natura l Gas, New Delhi -110001 or sent by email at: js.mkt [email protected]. Draft Rules 1. These rules may be called the Petroleum (Amendment) Rules, 2023. 2. In the Petroleum Rules, 2002, - (1) in rule 2, in sub -rule (1), - (a) after clause (xiv), the following clause shall be inserted, namely: - “(xiva) “Heavy machineries” means heavy -duty machineries, specially designed for executing construction or agricultural tasks or purely off -highway construction or lifting equipment vehicle designed and adopted for use within the premises, factory, port or mine other than road network, not equipped to travel on public roads on their own power; (xivb) “Heavy vehicles” means vehicl es designed with suitable implements for various field operations including in agriculture, mining, industrial undertaking, irrigation and construction, modified and manufactured with "on or off" or "on and off" highway capabilities and is a non -transport, non- goods or non -passenger vehicle;” Explanation: For the purpose of this clause, “Heavy vehicles” does not include tractor as defined in the Motor Vehicle Act, 1988. (b) after clause (xvi), the following clause shall be inserted, namely: - “(xvia) “ISO T ank container” means a petroleum freight container, mounted on a ISO Tank container framework, secured by twister locks, suitable for carriage of liquid petroleum which may be loaded or unloaded by gravity or pressure discharge, for conveyance by road, rai l or sea, including interchange between these forms of transport and conforms to design, specifications and testing, marking as per national or international standards accepted by the Chief Controller or Controller; (xvib) “ISO Tank container framework” me ans tank mountings, end structure and all load bearing elements not present for the purposes of containing cargo, which transmit static and dynamic forces arising out of lifting, handling, securement and transporting of the tank container as a whole and co nforms to design, specifications and testing as per national or international standards accepted by the Chief Controller or Controller;”; (c) in clause (xxiv), after the word “purposes”, the words “including non -fuelling facilities installed outside the e xtent of hazardous areas of service station as defined in the Fourth Schedule;” shall be inserted; (d) in clause (xxvi), after the word “petroleum”, the words “including ISO Tank container” shall be inserted; (e) after clause (xxxiii), the following clause shall be inserted, namely: - “(xxxiiia) “Third Party Inspection Agency (TPIA)” means a professional organisation recognized by Chief Controller or Controller to carry out testing and certification under Petroleum Rules including safety audit of major accid ent hazards (MAH) premises as defined under the Manufacture, Storage and Import of hazardous Chemicals Rules, 1989 as amended from time to time and having persons with qualifications and experience as applicable to the competent persons;” (2) in rule 4, af ter the sub rule (3), the following shall be inserted namely; "(4) Nothing in these rules shall apply for import of containers containing petroleum for research and development purpose provided that the packing conforms to International Air Transport Assoc iation (IATA) Dangerous Goods Regulations as amended from time to time."; (3) in rule 8, in sub -rule (1), for the words “to have been so repaired”, the words “or TPIA” shall be substituted; (4) in rule 13, - (a) in sub -rule (1), for the words “by a crossed bank draft of a nationalised or scheduled bank drawn in favour of the Chief Controller of Explosives, payable at Nagpur or through e -payment”, the words “through e -payment or through Non Tax Receipt Portal” shall be substituted; (b) sub rule (2) shall be o mitted. (5) after rule 14, the following rule shall be inserted, namely: - “14(A). Restriction on import and transport of ISO tank containers - (1) No person shall import any ISO tank container filled or intended to be filled with petroleum without obtainin g import permission from Chief Controller or Controller. (2) Any person seeking import permission under sub -rule (1) shall submit to the Chief Controller or Controller - (a) application in Form VII(A) (b) a copy of valid licence issued in Form XV having ad equate capacity to accommodate whole contents of the ISO tank container; (c) manufacturer‘s inspection, test reports and two copies of design drawings showing design details, water capacity of the tank, its fittings and particulars of specifications of the materials of construction of the ISO tank container duly endorsed by the competent agency of the country of origin; (d) a copy of periodic inspection and testing including hydrotest certificate and Container Safety Certificate (CSC) issued by competent a gency of the country of origin; (e) three copies of mounting drawing for transportation by road duly approved by the Chief Controller or Controller (f) Safe operating procedure for handling and transportation of the ISO tank container from the port of impo rt to the end use location (g) Self declaration for approximate date of return of ISO Tank Container after unloading or its retention in India on permanent basis (h) Scrutiny fees as specified in Part C of the First Schedule.”; (3) After fulfilment of abov e conditions, Chief Controller or Controller shall grant import permission valid for maximum period of three years in the format as prescribed by the Chief Controller. (6) in rule 19, - (a) in sub -rule (1), in clause (a), the word “and” shall be omitted; (b) in sub -rule (1), after clause (b), the following clause shall be inserted, namely: - “(c) Import permission for ISO Tank Container granted by Chief Controller or Controller issued under rule 14(A), in case of import and transport of petroleum in ISO tank container;”; (7) In Chapter II, after Part III, the following Part shall be inserted namely; “PART IV IMPORTATION BY AIR 27(A) Restriction on import by air : (1) No petroleum shall be imported by air except at the airports authorized for this purpose by th e Central Government in consultation with Chief Controller. (2) Any petroleum not permitted by International Air Transport Authority regulations or by the Director General of Civil Aviation, shall not be imported by air. (3) Any person holding a license fo r import and storage of petroleum or his authorized agent shall give declaration before bringing the petroleum into the airport to the Officer in charge of the airport and to the Commissioner of Customs as prescribed giving full particulars of the petroleu m intended to be imported. (4) Proper arrangements shall be made by the importer to take direct delivery of the imported petroleum and remove the same from the airport. 27(B) Declaration and certificate to be furnished and licence to be produced before imp orting petroleum by air.- Every person desiring to import petroleum by air shall furnish to the Commissioner of Customs: - (a) a declaration in Form I signed by him or his agent; (b) a certificate of storage accommodation in Form II signed by him or his ag ent; (c) an authenticated copy of the licence held for the importation and storage of such petroleum; (d) a landing permit from the Director General of Civil Aviation and; (e) a consent letter from respective flight operator for transportation of petroleum by air; Provided that nothing in this rule shall apply to the importation of petroleum exempted under section 7, 8 and 9 of the Act: Provided further that the furnishing of licence under clause (c) shall not be necessary for the importation of petroleum class C, in bulk, in quantity exempted under section 7 of the Act. 27(C) Permission of the Commissioner of Customs to unload petroleum. – (1) No petroleum shall be unloaded except with the permission of the Commissioner of Customs. (2) If the Commissioner o f customs, after receiving: - (a) the testing officer‘s report on the Petroleum; (b) the certificate in Form II, if required by rule 27(B); (c) landing permit from the Director General of Civil Aviation, if required by rule 27(B), (d) consent letter from r espective flight operator for transportation of petroleum by air. (e) the licence, if required by rule 27(B); and after making such further inquiries as he deems necessary, is satisfied that the petroleum can be lawfully imported and that there is suitable accommodation for it, he shall permit it to be unloaded; (3) If the Commissioner of Customs is satisfied that any petroleum imported is not intended to be stored in India but is intended to be dispatched immediately after unloading to any place outside In dia, he may waive the requirements of rules 27(B) and by written order permit, subject to such conditions as he may specify, such petroleum to be unloaded for the purpose of immediate dispatch to that place. (4) Nothing in this rule shall affect the power of the Commissioner of Customs to detain petroleum under any other law or rule for the time being in force”. (8) in rule 32, - (a) after the word “vessel”, the words “, ISO tank container” shall be inserted; (b) In the Explanation, after the words “Chief Co ntroller” the words “or Controller” shall be inserted. (9) in rule 70, in sub -rule (1), after clause (iii), the following clause shall be inserted, namely: - “Provided that nothing in clause (ii) and (iii) of this rule shall apply to the vehicle with engine s of type BS -IV or upgraded version as specified by Road Transport Authority from time to time;”; (10) in rule 75, - (a) in sub -rule (1), after the word “licence”, the words “or permission” shall be inserted; (b) after sub -rule (2), the following sub -rule s hall be inserted, namely: - “(3) Permission shall be obtained from Chief Controller or Controller for transportation of petroleum Class A or B by road in the ISO tank container. Such permission shall remain valid for a period of one year from the date of is sue in the format as prescribed by the Chief Controller; (4) (a) Person desiring permission under sub -rule (3) shall submit the following to the Chief Controller or Controller: - (i) Application in form VII A, (ii) a scrutiny fee as specified in Part C of t he First Schedule, (b) The Chief Controller or Controller, after receipt of the documents under sub -rule (a) and after making such further inquiries as he deems necessary, is satisfied that the vehicle meets with the requirements laid down in these rules, he shall issue a permission for transportation of petroleum Class A or B in ISO Tank Container to the applicant with one copy of drawing duly endorsed.”; (11) in rule 76, in sub -rule (3), after the words and figures “(22 of 1934)”, the words and figures “a nd on site refuelling of heavy vehicles/heavy machineries/stationary equipments by vehicles licensed under Form XIX of these rules” shall be inserted; (12) In rule 77, after the words “re -tested”, the words “by a competent person or TPIA” shall be inserted ; (13) in rule 85, – (a) in sub –rule (1), for the words “competent responsible person”, the words “competent person or TPIA” shall be substituted; (b) after sub -rule (4), the following shall be inserted, namely: - “(5) The ISO tank container framework and/ or the ISO tank container shall be tested after each repair in the manner laid down in the code of fabrication. (14) in rule 89, after sub -rule (2), the following sub -rule shall be inserted, namely: - “(3) On receipt of the drawings and fee under sub -rule (2) and after eliciting such additional information as may be required, the Chief Controller shall, if he is satisfied, approve the proposed pipeline subject to such conditions as deemed fit.”; (15) in rule 90, in sub -rule (1), after the word “steel”, the words “or any other suitable materials approved by the Chief Controller” shall be inserted; (16) in rule 93, after sub -rule (2), the following sub -rule shall be inserted, namely: - “(2A) The hydrostatic testing of pipeline shall be carried out by a compete nt person or TPIA. (2B) The competent person or TPIA shall carry out the test as required under sub -rule (1) and issue a certificate; the certificate so issued shall be submitted to the Chief Controller.”; (17) in rule 98, for the words “involving cutting or re -welding”, the words “or hot work” shall be substituted; (18) in rule 106, - (a) in sub rule (1), after the figure “60079 -II”, the words and figure “, IS/IEC 60079 -26” shall be inserted; (b) in sub -rule (2), for clause (i), the following clause shal l be substituted, namely: - “(i) a flameproof or pressurised type or powder filled or oil immersed or increased safety or intrinsically safe or encapsulated apparatus confirming to IS/IEC 60079 -1, IS/IEC 60079 -2, IS/IEC 60079 -5, IS/IEC 60079 - 6, IS/IEC 6007 9-7, IS/IEC 60079 -11, IS/IEC 60079 -18 and any other equivalent standard approved in writing by the Chief Controller, or”; (c) in sub -rule (3) for clause (i), the following clause shall be substituted, namely: - “(i) non -sparking apparatus conforming to IS/ IEC 60079 - 15 and of a type approved in writing by the Chief Controller; or”; (d) after sub -rule (3), the following sub -rule shall be inserted, namely: - “(4) The selection of Ex -Electrical Apparatus shall be as per equipment protection level (EPL) as defi ned in IS 16724:2018/IEC60079 -14 or IEC 60079 -14 or any other equivalent standard accepted in writing by the Chief Controller.”; (19) in rule 114, after the word “ person”, the words “ who is an electrical engineer” shall be inserted; (20) in rule 117, in sub-rule (4), in clause (ii), the following clause shall be substituted, namely : - “(ii) Scale of firefighting provided on other areas of new/upcoming installation should be as per the requirement given in OISD Standard 244. Installations already approved by the Chief Controller shall be governed by the OISD Standard 117.” (21) in rule 120, after sub -clause (5), the following Explanation shall be inserted, namely: - “Explanation: For the purposes of this rule, it is clarified that with regard to drainag e, the Standards as applicable shall be followed.” (22) in rule 122, the following Explanation shall be inserted, namely: - “Explanation: The Chief Controller or Controller is authorised to permit use of service station for other purposes not directly conne cted with storage and distribution of petroleum.” (23) in rule 124, in sub -rule (1), after the words and figure “API:650”, the words and figure “or ASTM D3299 -18, BS EN 13121 -3, UL1316” shall be inserted; (24) in rule 126, - (a) in sub -rule (1), after the w ords “competent person”, the words “or TPIA” shall be inserted; (b) in sub -rule (3), after the words “competent person”, the words “or TPIA” shall be inserted; (c) in sub –rule (4), for the Proforma of Certificate of Tank Testing, the following Proforma shall be substituted, namely: - “Proforma of Certificate of Tank Testing [See Rule 126] Tank identification No Diameter in meter Height or length in meter Construction standard Type of tank Capacity Class of Petroleum Test date In respect of the above tanks, installed within the installation or service station of ……………………………… (delete words not applicable) (full name of occupier of installation/service station as the case may be)…………………………………. at……… …… …………… … (Name of place, police Station, District State) covered by licence No. …………………………………. (To be filled in the case of amendment of licence or repair of tank) Certified that I have in accordance with rule 126 of the Petroleum Rules, 2002, tested the tanks de scribed above by water pressure as specified in the design code after they had been installed and secured in the final position/repaired and found them free from leak and suitable for the storage of Petroleum (delete words not applicable) I/We declare that the particulars given above have been checked up by me/us and are correct. I/We, were present at the premises and tested the aforesaid tanks, particulars of which are given above, in accordance with the provisions of the Petroleum Act, 1934, and the rules framed there under and any other law or rules for the time being in force. Date Full signature of the competent person or TPIA issuing the certificate …..………………………... His recognized qualification……………………. His full name and postal address ……..………………….”. (25) in rule 130, - (a) in sub -rule (1), after the words “competent person”, the words “ or TPIA” shall be inserted; (b) after sub -rule (1b), in the Proforma Certificate of Safety, after the words “competent person”, the words “or T PIA” shall be inserted; (c) in sub -rule (2), in clause (i): - (i) after the words “competent person”, the words “ or TPIA” shall be inserted; (ii) after clause (b), the following clause shall be inserted, namely: - “(c) The recognition shall be granted for a period of five years and may be renewed for every three years based on the performance report and submission of the medical fitness certificate by a registered medical practitioner recognized by Medical Council of India, till the competent person or TPIA attains the age of 65 years.” (d) in sub -rule (2), in clause(ii), after the words “competent person”, the words “ or TPIA” shall be inserted; (26) In rule 144: - (a) after sub –rule (6), the following sub –rule shall be inserted, namely: “(6a) There sh all be no requirement of “No Objection Certificate” from District Authority under sub –rule (1) for a licence in Form XIV forming a part of the CNG station licensed in Form “G” under Gas Cylinder Rules, 2016 or Auto LPG dispensing station licenced in Form “ LS-1B or LNG dispensing station licensed in Form “LS -1C” under Static and Mobile Pressure Vessels (Unfired) Rules 2016.” (b) In sub -rule (7), for the Proforma No Objection Certificate, the following Proforma shall be substituted, namely: - “Proforma No Objection Certificate [See rule 144] No……………. Date………….. Subject: No objection certificate With reference to the application No.…….dated ……..submitted by………….and in pursuance of rule 144 of the Petroleum Rules, 2002, there is no objection for granting li cence under the Petroleum Rules, 2002 to Shri/Smt./M/s. _________________________ address………………… for storage of petroleum products in their premises at Survey No……….…../Gata No…….…/Khasra No.……..………PlotNo……..….,Village…………Taluka/Tehsil…………….…District………….. State…………… ………………as shown in the site plan duly endorsed and enclosed herewith. (1) The following particulars have been considered while issuing this no objection certificate, that - (a) comments from the revenue department on the issue whether the possess ion of the site by the applicant is lawful and there is an authorisation from land owner or lease holder for developing premises under these rules for storage of petroleum products; (b) comments from the police department regarding traffic density and imp act on traffic; (c) comments from the concerned Municipal Corporation/Gram Panchayat/local area development authority as applicable, regarding conformity of proposal to the local area development planning including schools, hospitals and mitigating measur e, if any, is provided; (d) Comments from the NHAI/ PWD or any other authority concerned regarding road safety, road alignment and road access conformity. (e) Comments from fire department regarding accessibility of the site to the fire tenders in case o f emergency and preparedness of fire services for combating the emergencies. Signature of the district authority issuing no objection certificate with his office seal (in towns having a Commissioner of Police, the Commissioner or a Deputy Commissioner of Police and for any other place the District Magistrate) Note. - The licensing authority shall accept the no objection certificate within a period of three years from the date of its issue for considering grant of licence.”. (27) in rule 146, in sub -rule (2) , for clause (ii), the following clause shall be substituted, namely: - “(ii) a fee as specified in Part C of the FIRST SCHEDULE for scrutiny of the proposed alteration.” (28) in rule 200, - (a) in sub –rule (1), in clause(a), after the word “fax”, the wor ds “and email or other electronic modes of communication” shall be inserted; (b) in sub -rule (2), after the word “communication”, the words “; provided that such a visit by the Chief Controller or his representative shall be made as expeditiously but not later than seven days from the date of notice of such accident” shall be inserted; (29) in the First Schedule: - (a) in part B, Fee payable to competent persons for inspection, testing and certification: - (i) in Sl. No.5 , after the words "Under rule ", th e figures, "8, " shall be inserted; (ii) in Sl. No.6 , after the words "Under rule ", the figures, "8, " shall be inserted; (b) for part C, Fee other than licence fee, the following shall be substituted, namely: - “Part C Fee other than licence fee Sl. No. Items Fee (Rs.) Rule 1 For approval of container for petroleum class A or class B 5000 4(2) 1A Import permission for ISO tank container 5000 14(A) 2 Ports into which petroleum may be imported 10000 16(4)(d) 3 Loading and unloading of bulk petroleum fro m any ship/ barge at any place 6000 44(2)(d) 4 (i) Approval of tank vehicle or refueller or safety fitting fabrication shop (ii) Renewal of fabrication shop for three years (iii) Approval of tank mounting drawings (iv) Approval of design of safety fitting s of tank vehicle or refueller 1500 2000 63(2) 4A Permission for transportation of ISO tank container within the Indian Territory 5000 75(3) 5 Approval of the design and route of the pipeline 5000 89(2)(ii) 6 Additions and alterations in the p ipeline 2000 97(2)(b) 7 Electric apparatus for use in hazardous area 2000 106(4) 8 (i) Recognition of competent person or TPIA (ii) Renewal of recognition of competent person or TPIA for three year 5000 3000 130(2)(i) 9 Prior approval of specificatio ns and plans of premises 2000 131(1)(b) 10 Scrutiny Fee for prior report of storage of Petroleum Class C 2000 140(ii) 11 Prior approval for addition and alteration 2000 146 (2)(ii) 12 Amendment of licence 2000 147(2) 13 Transfer of licence 2000 156(2)(iv) 14 New licence for unexpired portion of original licence 1000 157(3) 15 Duplicate copy of licence 1000 158 16 Authenticated copy of the licence 500 159(2)(a) 17 Approval of refinery 15000 162(3)(ii) 18 Amendments in refinery 5000 164(2) (ii) 19 Certificate of tests in Form VI 2000 195(2) 20 Fee for inspection and comparison. - (1) Test apparatus (2) Comparing a privately owned test apparatus with the standard test apparatus shall be as follows : Test apparatus Barometer Thermometer 1000 196 21 Testing each sample of petroleum. 1000 197” (30) in the Second Schedule: - (a) for FORM I, the following shall be substituted, namely: - “FORM I (See rules 17, 26 and 27 (B) (a)) Declaration to be made by the Master or agent o f ship carrying petroleum by sea before entering port or by the importer or his agent before importing petroleum by land or by air 1. Name of ship / aircraft …………………………… 2. Name of applicant………………………………… 3. Applicant’s full postal address & pin code…………………………………… …….. 4. Applicant’s telephone No(s) and email……………………………………………… PARTICULARS OF THE CARRIAGE Name of Petroleum Total quantity in the ship or carriage or aircraft Quantity of petroleum to be landed in India Remarks Petroleum Class A which can be used in an int ernal combustion engine Other Petroleum Class A Petroleum Class B Petroleum Class C Signature of Master or agent of the ship / or importer” b. for FORM II, the following shall be substituted, namely: - “FORM II (See rules 19, 26 and 27 (B) (b)) Certificate of Storage Accommodation I hereby declare that I propose to store the following consignment of petroleum arriving per ……………………………(name of ship or particulars of carriage or air craft) in …………………….(name of port or place of Imp ort or name of airport) on or about …………………………..(date, month, year) at the storage tanks or shed, particulars of which are given in item (i) and (ii) of col. (1) of the statement below and I certify that the capacity as shown as available and shown as avai lable in item (iii) of the said column are duly licensed for the storage of petroleum in question. Particulars of storage license for the premises wherein the imported petroleum shall be unloaded: - _________________________________________________________ ___________ Renewed / valid up to___________________________________________________ Signature of importer or his agent Name in full with designation: ___________________ Complete Correspondence Address:_____________ Dated the Statement Description of Imp ort and storage capacity Petroleum Class A Petroleum Class B Petroleum Class C A (i) Total licensed capacity of storage tanks (ii) Total capacity available in storage tanks. (iii) Capacity to be utilized by present consignment B (i) Total licensed capacity of storage sheds. (ii) Total capacity available in storage sheds. (iii) Capacity to be utilized by present consignment” (c) in Form VII, Part B, for the words “recognized engineer”, the words “competent p erson or TPIA” shall be substituted. (d) after Form VII, the following form shall be inserted, namely: - “FORM VII A [See rules 14(A) and 75(3)] Application for the grant of permission to import ISO Tank Container in India or transport Petroleum Class A or Class B in bulk by road in ISO tank container within Indian Territory: 1. Name in which permission is required i. Applicant’s name ii. Applicant’s full postal address iii. Contact Number(s) and E -mail 2. Particulars of storage licence held by the applicant in form -XV under Petroleum Rules2002: (i) Number and date of storage licence issued by the Chief Controller/Controller (ii) License valid up to (iii) Licensed Capacity for different Class of petroleum 3. Description of the ISO tank container: i. Owner’s code & Serial N umber ii. Manufacturer’s serial number iii. Model Number iv. Country of Manufacture v. Year of manufacture vi. Approval Country vii. Authorized body for design approval viii. Specification of ISO tank container and ISO tank container framework ix. Name of manufacturer x. Maximum Allowable Wo rking Pressure: xi. Test pressure xii. Initial Pressure Test Date xiii. Design temperature range xiv. Material of Construction xv. Water capacity of the ISO Tank container xvi. Unladen tare weight of ISO Tank Container xvii. Pay load of the petroleum product xviii. Inspected and tested by xix. Specif ication of the safety fittings fitted to the ISO tank container including operating parameters xx. Design drawing xxi. Mounting drawing xxii. *Filled with ________________________ xxiii. (True chemical name and class of petroleum) xxiv. Quantity of Petroleum filled or intended to be filled in the ISO tank container in Kilolitre and also in Percentage. xxv. Date of last hydraulic test 4. Make and Model of the vehicle chassis to be used for ISO tank container mounting i. Registered Laden Weight / Gross Vehicle Weight / Gross Combined Weight of the Vehicle Chassis ii. Unladen weight of vehicle chassis with trailer 5. Name of the port of import / place of loading 6. Remarks I/We declare that the particulars given above have been checked up by me/us and are correct. I/We undertake of transport petrol eum in ISO Tank Container particulars of which are given above, in accordance with the provisions of the petroleum Act, 1934, and the rules framed there under and any other law or rules for the time being in force. I/We understand that any contravention of the said Act and the Rules framed thereunder is punishable for the first offence with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees or with both and for every subsequent offence with simple imprison ment which may extend to three months or with fine which may extend to five thousand rupees or with both. Date of application Signature of applicant Postal address of the applicant Documents required to be submitted with this Application in two sets 1. a scru tiny fee of Rs 5000 for grant of import permission for ISO Tank Container or Rs 5000 for transport of petroleum Class A or Class B in bulk by road in ISO tank container within Indian Territory; 2. a copy of valid licence issued in Form XV having adequate capa city to accommodate whole contents of the ISO tank container; 3. manufacturer’s inspection and test reports of the ISO tank container duly endorsed by the competent authority of the country of origin; 4. a copy of periodic inspection and testing including hydrot est certificate and Container Safety Certificate (CSC) issued by competent authority of the country of origin; 5. design drawing showing the design details of the ISO tank container, water capacity of the tank, its fittings and particulars of specifications o f the materials used in construction thereof duly endorsed by competent authority of the country of origin; 6. approved detailed vehicle mounting drawing for transportation by road duly approved by the Chief Controller 7. Safe operating procedure for handling an d transportation of the ISO tank container from the port of import to the end use location.”; (e) In Form VIII; for the words and figures “PART II”, the words “Part B” shall be substituted; and for the words “recognized engineer”, the words “competent pe rson or TPIA” shall be substituted. (f) in Form XIV, - (i) in condition 5, after the words " another tank ", the words, " except with the previous sanction in writing of the licensing authority " shall be inserted; (ii) in condition 13, in clause (a), afte r the words “piping”, the words, “or non metallic flexible piping as approved by the Chief Controller” shall be inserted; (iii) in condition 13, in clause (b), after the words “piping”, the words, “or non metallic flexible piping as approved by the Chief C ontroller” shall be inserted; (iv) in condition 21, the figure “1981”, the figure “2016” shall be substituted; (v) after condition 24, following clause shall be inserted; “25. The licensing authority may specify in writing any additional condition which i s, in the opinion of such authority, necessary for installation of any other facility other than fuelling of motor vehicle or for the safety of the premises.” (g) in Form XIX, for item (b), the following item shall be substituted, namely: - “(b) PETROLEUM CLASS B FOR ON SITE REFUELLING OF HEAVY VEHICLES/HEAVY MACHINERIES/STATIONARY EQUIPMENTS. (h) for the Form XX, A. Qualification and Experience of Competent Person shall be substituted, namely: - “FOR M XX [See rules 2(vi), (xxxiiia), 8, 93, 126 and 130] A. Qualification and Experience of Competent Person and Third Party Inspection Agency (TPIA):: Sr. No. Rule under which competency is recognized Qualification and other requirements Experience for the Pu rpose 1 Rules 8, 126 and 130 1. Degree in any branch of engineering from a recognized university or equivalent professional qualifications, 2. Physically fit and mentally sound for carrying out tests and examination Minimum experience of 5 years in testing, fabrication or installation or inspection of petroleum tanks or operation and maintenance of petroleum storage installations for degree in engineering 2 Part B of Forms VII and VIII 1. Degree or diploma in any branch of engineering from a recog nized university or equivalent professional qualifications, 2. Physically fit and mentally sound for carrying out tests and examination Minimum experience of 5 years in testing & fabrication or mounting of petroleum transport tanks and operation and ma intenance of petroleum tank vehicles 3 Rule 93 1. Degree in chemical or Mechanical or Metallurgy engineering from a recognized university or equivalent professional qualifications 2. Physically fit and mentally sound for carrying out tests and exami nation. Minimum experience of 5 years in testing, fabrication or installation, maintenance of petroleum or liquefied petroleum gases or Natural Gas pipelines.” (i) for the Form XX, after B. Application for Recognition as a Competent Person under Rule 126 , 130 or Part of FORM VII or VIII, the following shall be inserted, namely: - C. Application for recognition as Third Party Inspection Agency (TPIA) under the Petroleum Rules. 1. Name & full address of the organisation with contact number and E -mail: 2. Organisat ion status (proprietary firm, partnership firm, Government organisation, Public Sector Undertaking, Autonomous body, Company registered under Company Act, etc): 3. (i) Set up of the organisation: (ii) Name & qualification (of constituent members of organisati on): (iii) Particulars of professional experience in chronological order : Name of the Organisation Period of service Designation Area of responsibilities Note: The constituent members of organisation shall have experie nce with regard to identification of hazards, process safety, process controls, automation or instrumentation, electrical audits or HAZOP Study, On Site Emergency Plan, Quantative Risk Analysis, Dispersion Models, Pre Commissioning Safety Audits, hydro tes ting of cross country pipelines, operations or maintenance or inspection of petroleum refineries or petrochemical complex or ports or jetties or cross country pipelines or any other premises classified as per the MSIHC Rules, 1989 . (Please attach documenta ry evidence of the experience) 4. Membership, if any, of professional bodies: 5. Whether the constituent members of the organisation has been declared as a competent person under any statute (if so, give details) 6. Any other information: 7. Declaration by each consti tuent member (to be submitted by each member as per enclosed format): 8. Declaration by Principal Member (to be submitted by the Principal Member as per enclosed format): Place: Signature of the Head of the organization Date: Name & Designation Seal of the Institution Format for declaration Declaration by each constituent member : I hereby declare that the information furnished above is true. I undertake – (a) that in the event of my leaving the aforesaid organisation, I will promptly inform the Chief Controller; (b) to fulfill and abide by all the conditions stipulated in the rules for TPIA and in struction issued by the Chief Controller from time to time. Declaration by Principal Member : I, _____________ certify that Shri / Smt ______________________________ whose particulars are furnished above, is constituent member of the Third Party Inspection Agency. I also undertake that I will (a) notify the Chief Controller in case the member leaves our agency; (b) provide and maintain in good order all facilities at his disposal as mentioned above; (c) Notify the Chief Controller any change in the facilitie s. (31) in the Third Schedule: - (a) in Sl. No. 11, the words “, but, fusible vents shall not be provided on tanks of capacity 25 Kilolitres and above” shall be omitted; (b) after Sl. No. 15 the following shall be inserted, namely: - “16. Tank vehicle for ISO tank containers: (1) ISO Tank container, associated piping, fittings and the framework suitable for carriage of liquid petroleum shall conform to design, specifications and testing and marking as per national or international standards accepted by the Chief Controller. (2) ISO Tank container framework including the ISO tank mountings, end structure and all load bearing elements not present for the purposes of containing cargo, which transmit static and dynamic forces arising out of lifting, handling, se curement and transporting of the ISO tank container as a whole and conforms to design, specifications and testing as per national or international standards accepted by the Chief Controller. (3) There will be no requirement of baffle inside the ISO Tank Co ntainer for transportation of petroleum if the capacity of ISO Tank Container is not exceeding 7.5 kiloliters. (4) The maximum capacity of ISO tank container shall not exceed 26 kiloliters. (5) The maximum capacity shall be restricted corresponding to gros s vehicle weight certified by RTO. (6) ISO Tank Container having capacity of more than 7.5 kiloliters but less than 15 kiloliters shall be provided with 1 Baffle Plate. ISO Tank Container having capacity of 15 Kiloliters or more but less than 22.5 kilolit ers shall be provided with 2 Baffle Plates. ISO Tank Container having capacity of 22.5 Kiloliters or more shall be provided with 3 Baffle Plates. (7) The maximum payload of the petroleum product in such ISO container shall be restricted to 95% of maximum c apacity of ISO container. Explanation: As approved by the Chief Controller or Controller, baffle plates are metal plates attached or suspended to the inside portion of an ISO tank either horizontally or vertically and at regular intervals not amounting to fixed partitions or compartments and capable of arresting the surge of petroleum product. [F. No. M/11011(21)/1/2021/ -OMC -PNG] SUJATA SHARMA , Jt. Secy. Note: - The principal rules were published in the Gazette of India, Extraordinary, Part II, section 3 , sub -section (i) vide number G.S.R. 204(E), dated the 13th March, 2002 and last amended vide notification number G.S.R. 196(E), dated the 17th March, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Del hi-110064 and Published by the Controller of Publications, Delhi -110054.

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