Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-05032024-252609
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 142]
NEW DELHI, MONDAY, MARCH 4, 2024/PHALGUNA 14, 1945
MINISTRY OF PETROLEUM AND NATURAL GAS
NOTIFICATION
New Delhi, the 4th March, 2024
G.S.R. 154(E).—WHEREAS the draft of the Petroleum (Amendment) Rules, 2023, was published as
required under sub-sections (2) and (3) of section 29 of the Petroleum Act, 1934 (30 of 1934) by the Ministry of
Petroleum and Natural Gas vide notification number G.S.R 814(E), published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) dated the 31st October, 2023, inviting objections and suggestions from all persons
likely to be affected thereby before the expiry of forty-five days from the date on which notification was made
available to the public;
AND WHEREAS, copies of the Gazette containing the said notification was made available to the public on
the 1st November, 2023;
AND WHEREAS, objections and suggestions received from the public in respect of the draft rules have been
duly considered by the Central Government;
NOW, THEREFORE, in exercise of the powers conferred by sections 4, 5, 14, 21, 22 and sub-section (1) of
section 29 of the Petroleum Act, 1934 (30 of 1934), the Central Government hereby makes the following rules further
to amend the Petroleum Rules, 2002, namely: -
1. Short title and commencement. - (1) These rules may be called the Petroleum (Amendment) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Petroleum Rules, 2002, -
(i) in rule 2, in sub-rule (1), -
(a) after clause (xiv), the following clauses shall be inserted, namely: -
‘(xiva) “Heavy machinery” means heavy-duty machine, 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
power;
(xivb) "Heavy vehicles" means vehicles designed with suitable implements for various field operations
including 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 tractors as defined in the
Motor Vehicle Act, 1988.’;
(b) after clause (xvi), the following clauses shall be inserted, namely: -
'(xvia) “ISO tank container" means a petroleum freight container, mounted with an 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, rail 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" means tank mountings, end structure and all load bearing elements
not present to contain cargo, which transmits static and dynamic forces arising out of lifting, handling, securement and
transporting of the tank container as a whole and conforms 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 extent 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 recognised by the
Chief Controller or Controller to carry out testing and certification under these rules including safety audit of major
accident hazards premises as defined under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
and having persons with qualifications and experience as applicable to the competent persons;';
(ii) in rule 4, after 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 the International Air Transport Association Dangerous
Goods Regulations as amended from time to time.";
(iii) in rule 8, -
(a) in sub-rule (1), for the words “to have been so repaired", the words “or TPIA" shall be substituted;
(b) after sub-rule (2), the following sub-rule shall be inserted, namely: -
"(3) The fee for testing and certification shall be as specified in PART B of the FIRST SCHEDULE.”;
(iv) 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 omitted;
(v) after rule 14, the following rule shall be inserted, namely: -
"14A. 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 obtaining import permission from the Chief
Controller or Controller.
(2) Any person seeking import permission under sub-rule (1) shall submit an application in FORM VII (A) to
the Chief Controller or Controller along with the following documents, namely: -
(a) copy of valid licence issued in FORM XV having adequate capacity to accommodate the whole contents
of the ISO tank container;
(b) 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;
(c) copy of periodic inspection and testing including Hydro Test Certificate and Container Safety Certificate
issued by a competent agency of the country of origin;
(d) three copies of mounting drawing for transportation by road duly approved by the Chief Controller or
Controller;
(e) safe operating procedure for handling and transportation of the ISO tank container from the port of import
to the end-use location;
(f) self-declaration for the approximate date of return of ISO tank container after unloading or its retention in
India on a permanent basis;
(g) scrutiny fees as provided in PART C of the FIRST SCHEDULE.
(3) upon fulfilment of the above conditions, the Chief Controller or Controller shall grant import permission
valid for a maximum period of three years in the format as provided by the Chief Controller.";
(vi) in rule 19, in sub-rule (1), -
(a) in clause (a), the word "and" shall be omitted;
(b) in clause (b), for the words "storage of such petroleum", the following clause shall be substituted,
namely:-
"storage of such petroleum; and
(c) import permission for ISO tank container granted by the Chief Controller or Controller issued under rule
14A, in case of import and transport of petroleum;";
(vii) after rule 27, the following Part shall be inserted, namely: -
"PART IV
IMPORTATION BY AIR
27A. Restriction on import by air. - (1) No petroleum shall be imported by air except at the airports authorised for
this purpose by the Central Government in consultation with the Chief Controller.
(2) Petroleum not permitted by the International Air Transport Authority regulations or Director General of Civil
Aviation, shall not be imported by air.
(3) Any person holding a license for the import and storage of petroleum or his authorised agent shall declare before
bringing the petroleum into the airport to the officer in-charge of the airport and to the Commissioner of Customs,
furnishing the complete particulars of the petroleum intended to be imported.
(4) The proper arrangements shall be made by the importer to take direct delivery of the imported petroleum and
remove the same from the airport.
27B. Declaration and certificate to be furnished and licence to be produced before importing petroleum by air.
Every person desiring to import petroleum by air shall furnish to the Commissioner of Customs the following
documents, namely: -
(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 agent;
(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 the respective flight operator for the transportation of petroleum by air;
Provided that nothing in this rule shall apply to the importation of petroleum exempted under sections 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.
27C. Permission of Commissioner of Customs to unload petroleum. – (1) No petroleum shall be unloaded except
with the permission of the Commissioner of Customs.
(2) the Commissioner of Customs shall make such inquiries as he deems necessary and is satisfied that the petroleum
can be lawfully imported and that there is suitable accommodation, he shall permit it to be unloaded after receiving the
following documents, namely: -
(a) testing report on the Petroleum;
(b) certificate in FORM II, if required by rule 27B;
(c) landing permit from the Director General of Civil Aviation, if required by rule 27B;
(d) consent letter from the respective flight operators for transportation of petroleum by air; and
(e) licence, required under rule 27B;
(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 India, he may waive the requirements of
rule 27B and by written order permit, subject to such conditions as 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.;"
(viii) in rule 32, -
(a) in sub-rule (1), after the word “vessel”, the words “, ISO tank container” shall be inserted;
(b) in the Explanation, after the words "Chief Controller", the words "or Controller" shall be inserted;
(ix) in rule 70, in sub-rule (1), in clause (iii), after proviso, the following proviso shall be inserted, namely: -
"Provided further that nothing in clause (ii) and (iii) of this rule shall apply to the vehicle with engines of
type BS-IV or upgraded version as specified by Road Transport Authority from time to time.";
(x) 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-rules shall be inserted, namely: -
"(3) Permission shall be obtained from the Chief Controller or Controller for transportation of petroleum Class A or B
by road in the ISO tank container and such permission shall remain valid for a period of one year from the date of
issue in the format as prescribed by the Chief Controller;
(4) (a) A person desiring permission under sub-rule (3) shall submit an application in FORM VII A to the Chief
Controller or Controller with a scrutiny fee as specified in PART C of the FIRST SCHEDULE;
(b) the Chief Controller or Controller, after receipt of the application under sub-rule (a) and after making such further
inquiries as deems necessary, is satisfied that the vehicle meets the requirements laid down in these rules, 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.";
(xi) in rule 76, in sub-rule (3), in the proviso, after the symbols, figures and words "(22 of 1934)", the words and
figures "and on-site refuelling of heavy vehicle, heavy machinery or stationary equipment by vehicles licensed under
FORM XIX of these rules" shall be inserted;
(xii) in rule 77, in clause (i), after the words "re-tested”, the words "by a competent person or TPIA" shall be inserted;
(xiii) 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 or the ISO tank container shall be tested after each repair in the manner laid
down in the code of fabrication";
(xiv) in rule 89, after sub-rule (2), the following sub-rule shall be inserted, namely: -
"(3) On receipt of the drawings along with fee under sub-rule (2) and after eliciting such additional information as
may be required, the Chief Controller may approve the proposed pipeline subject to such conditions as deemed fit.";
(xv) 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;
(xvi) in rule 93, after sub-rule (2), the following sub-rules shall be inserted, namely: -
"(2A) The hydrostatic testing of the pipeline shall be carried out by a competent person or TΡΙΑ.
(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.";
(xvii) in rule 98, for the words "involving cutting or re-welding", the words "or hot work" shall be substituted;
(xviii) in rule 106, -
(a) in sub rule (1), in the proviso, after the figure “60079-II", the letters and figures, ", IS/IEC 60079-26" shall be
inserted;
(b) in sub-rule (2), for clause (i), the following clause shall 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
60079-7, 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: -
"(3A) The selection of Ex-Electrical Apparatus shall be as per equipment protection level (EPL) as defined in IS
16724:2018/IEC60079-14 or IEC 60079-14 or any other equivalent standard accepted in writing by the Chief
Controller.";
(xix) in rule 114, after the word "person", the words "who is an electrical engineer" shall be inserted;
(xx) in rule 117, in sub-rule (4), for clause (ii), the following clause shall be substituted, namely: -
"(ii) Scale of firefighting provided on other areas of new or upcoming installation shall 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.";
(xxi) in rule 120, after sub-rule (5), the following Explanation shall be inserted, namely: - "Explanation. - For the
purposes of this rule, it is clarified that with regard to drainage, the Standards as applicable shall be followed.";
(xxii) 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 connected with storage and distribution of petroleum.";
(xxiii) in rule 124, in sub-rule (1), after the letters and figures “API:650”, the words, letters and figures "or ASTM
D3299-18, BS EN 13121-3, UL1316" shall be inserted;
(xxiv) in rule 126, -
(a) in sub-rule (1), after the words "competent person", the word and letters “or TPIA” shall be inserted;
(b) in sub-rule (3), after the words “competent person", word and letters “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]
+-----+-------------------+--------------+--------------+-----------------+----------+----------+-----------------+----------+
| Sl. | Tank | Diameter in | Height or | Construction | Type of | Capacity | Class of | Test |
| No. | identification No | meter | length in | standard | tank | | Petroleum | date |
| | | | meter | | | | | |
+-----+-------------------+--------------+--------------+-----------------+----------+----------+-----------------+----------+
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
+=====+===================+==============+==============+=================+==========+==========+=================+==========+
| 1. | | | | | | | | |
+-----+-------------------+--------------+--------------+-----------------+----------+----------+-----------------+----------+
| 2. | | | | | | | | |
+-----+-------------------+--------------+--------------+-----------------+----------+----------+-----------------+----------+
| 3. | | | | | | | | |
+-----+-------------------+--------------+--------------+-----------------+----------+----------+-----------------+----------+
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 number
(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 described 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 thereunder 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 recognised qualification.
His full name and postal address
.";
(xxv) in rule 130, -
(a) in sub-rule (1), after the words "competent person", the word and letters “or TPIA” shall be inserted;
(b) after sub-rule (1b), in the Proforma relating to Certificate of Safety, after the word and letters “competent person",
the word and letters "or TPIA" shall be inserted;
(c) in sub-rule (2), in clause (i). -
(i) after the words "competent person", the word and letters “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 every three years based on the
performance report and submission of the medical fitness certificate by a registered medical practitioner recognised by
the Medical Council of India, till the competent person or TPIA attains the age of sixty-five years."
(d) in sub-rule (2), in clause (ii), after the words "competent person", the word and letters “or TPIA” shall be inserted;
(xxvi) in rule 144, -
(a) after sub-rule (6), the following sub-rule shall be inserted, namely: -
"(6a) There shall 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 the Gas Cylinder Rules, 2016
or Auto LPG dispensing station licenced in FORM “LS-1B or LNG dispensing station licensed in FORM "LS-
1C" under the Static and Mobile Pressure Vessels (Unfired) Rules, 2016.";
(b) in sub-rule (7), for the Proforma relating to 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 licence under the Petroleum Rules, 2002 to
Shri/Smt./M/s....
address.
for storage of petroleum products in their premises
at
Survey
No........../Gata
No..................Plot
No............,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, regarding the possession of the site by the applicant is
lawful and there is an authorisation from the land owner or leaseholder for developing premises under these rules for
storage of petroleum products;
(b) comments from the Police Department regarding traffic density and impact on traffic;
(c) comments from the concerned Municipal Corporation or Gram Panchayat or local area development authority
as applicable, regarding the conformity of proposal to the local area development planning including schools,
hospitals and mitigating measure, if any, is provided;
(d) comments from the National Highways Authority of India or Public Works Department or any other
authority concerned regarding road safety, road alignment and road access conformity;
(e) comments from the Fire Department regarding accessibility of the site to the fire tenders in case of
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 the grant of licence.";
(xxvii) 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.";
(xxviii) in rule 200, -
(a) in sub-rule (1), in clause (a), after the word "fax", the words "and email or other electronic modes of
communication" shall be inserted;
(b) after sub-rule (2), the following proviso shall be inserted, namely: -
"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.";
(xxix) in the FIRST SCHEDULE, -
(a) in PART B, -
(i) in Sl. No.5, in the column relating to Purpose, after the words "Under rule ", the figure and word, "8 and" shall be
inserted;
(ii) in Sl. No.6, in the column relating to Purpose, after the words "Under rule ", the figure and word, "8 and" shall be
inserted;
(b) for PART C, the following PART C shall be substituted, namely: -
"PART C
FEE OTHER THAN LICENCE FEE
+-----+-----------------------------------------------------------+------------+------------+
| Sl. | Items | Fee (Rs.) | Rule |
| No. | | | |
+-----+-----------------------------------------------------------+------------+------------+
| (1) | (2) | (3) | (4) |
+=====+===========================================================+============+============+
| 1. | For approval of container for petroleum class A or class B| 5000 | 4(2) |
+-----+-----------------------------------------------------------+------------+------------+
| 2. | Import permission for ISO tank container | 5000 | 14(A) |
+-----+-----------------------------------------------------------+------------+------------+
| 3. | Ports into which petroleum may be imported | 10000 | 16(4)(d) |
+-----+-----------------------------------------------------------+------------+------------+
| 4. | Loading and unloading of bulk petroleum from any ship or | 6000 | 44(2)(d) |
| | barge at any place | | |
+-----+-----------------------------------------------------------+------------+------------+
| | (i) Approval of tank vehicle or refueller or safety | 1500 | |
| | fitting fabrication shop | | |
+-----+-----------------------------------------------------------+------------+------------+
| | (ii) Renewal of fabrication shop for three years | 1500 | 63(2) |
+-----+-----------------------------------------------------------+------------+------------+
| 5. | (iii) Approval of tank mounting drawings | 1000 | |
+-----+-----------------------------------------------------------+------------+------------+
| | (iv) Approval of design of safety fittings of tank vehicle| 2000 | |
| | or refueller | | |
+-----+-----------------------------------------------------------+------------+------------+
| 6. | Permission for transportation of ISO tank container within| 5000 | 75(3) |
| | the Indian territory | | |
+-----+-----------------------------------------------------------+------------+------------+
| 7. | Approval of the design and route of the pipeline | 5000 | 89(2)(ii) |
+-----+-----------------------------------------------------------+------------+------------+
| 8. | Additions and alterations in the pipeline | 2000 | 97(2)(b) |
+-----+-----------------------------------------------------------+------------+------------+
| 9. | Electric apparatus for use in hazardous areas | 2000 | 106(4) |
+-----+-----------------------------------------------------------+------------+------------+
| | (i) Recognition of competent person or TPIA | 5000 | |
+-----+-----------------------------------------------------------+------------+------------+
| 10. | (ii) Renewal of recognition of competent person or TPIA | 3000 | 130(2)(i) |
| | for three year | | |
+-----+-----------------------------------------------------------+------------+------------+
| 11. | Prior approval of specifications and plans of premises | 2000 | 131(1)(b) |
+-----+-----------------------------------------------------------+------------+------------+
| 12. | Scrutiny Fee for prior report of storage of Petroleum | 2000 | 140(ii) |
| | Class C | | |
+-----+-----------------------------------------------------------+------------+------------+
| 13. | Prior approval for addition and alteration | 2000 | 146 (2)(ii)|
+-----+-----------------------------------------------------------+------------+------------+
| 14. | Amendment of licence | 2000 | 147(2) |
+-----+-----------------------------------------------------------+------------+------------+
| 15. | Transfer of licence | 2000 | 156(2)(iv) |
+-----+-----------------------------------------------------------+------------+------------+
| 16. | New licence for unexpired portion of original licence | 1000 | 157(3) |
+-----+-----------------------------------------------------------+------------+------------+
| 17. | Duplicate copy of licence | 1000 | 158 |
+-----+-----------------------------------------------------------+------------+------------+
| 18. | Authenticated copy of the licence | 500 | 159(2)(a) |
+-----+-----------------------------------------------------------+------------+------------+
| 19. | Approval of refinery | 15000 | 162(3)(ii) |
+-----+-----------------------------------------------------------+------------+------------+
| 20. | Amendments in refinery | 5000 | 164(2) (ii)|
+-----+-----------------------------------------------------------+------------+------------+
| 21. | Certificate of tests in FORM VI | 2000 | 195(2) |
+-----+-----------------------------------------------------------+------------+------------+
| | (1) Fee for inspection and comparison shall be as follows:| | |
| | (i) test apparatus | 1000 | |
+-----+-----------------------------------------------------------+------------+------------+
| 22. | (ii) comparing a privately owned test apparatus with the | | 196 |
| | (2) standard test apparatus shall be as follows: | | |
| | (i) test apparatus | 1500 | |
| | (ii) barometer | 1000 | |
| | (iii) thermometer | 1000 | |
+-----+-----------------------------------------------------------+------------+------------+
| 23. | Testing each sample of petroleum. | 1000 | 197"; |
+-----+-----------------------------------------------------------+------------+------------+
(xxx) in the SECOND SCHEDULE, -
(a) for FORM I, the following FORM shall be substituted, namely: -
"FORM I
[See rules 17, 26 and 27B (a)]
Declaration to be made by the master or agent of a ship carrying petroleum by sea before entering a port or by
the importer or his agent before importing petroleum by land or by air
1. Name of ship or aircraft
2. Name of applicant..
3. Applicant's full postal address and pin code..
4. Applicant's telephone number and email..
+-------------------------------------------------+------------------------------------------+------------------------------+----------+
| Name of Petroleum | Total quantity in the ship or carriage or| Quantity of petroleum to be | Remarks |
| | aircraft | landed in India | |
+=================================================+==========================================+==============================+==========+
| Petroleum Class A which can be used in an | | | |
| internal 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 FORM shall be substituted, namely: -
"FORM II
[See rules 19, 26 and 27B (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 aircraft) in
..................................................(name of port or
place of Import 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 column (1) of the statement below and I certify that the
capacity as shown as available and shown as available 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 import 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 utilised by present consignment | | | |
+---+-----------------------------------------------------------+-------------------+-------------------+-------------------+
| B | (i) Total licensed capacity of storage sheds | | | |
+---+-----------------------------------------------------------+-------------------+-------------------+-------------------+
| | (ii) Total capacity available in storage sheds | | | |
+---+-----------------------------------------------------------+-------------------+-------------------+-------------------+
| | (iii) Capacity to be utilised by present consignment"; | | | |
+---+-----------------------------------------------------------+-------------------+-------------------+-------------------+
(c) in FORM VII, in PART B, for the words "recognized engineer", the words "competent person or TPIA" shall be
substituted;
(d) after FORM VII, the following FORM shall be inserted, namely: -
"FORM VII A
[See rules 14A 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 and E-mail
2. Particulars of storage licence held by the applicant in FORM XV under the Petroleum Rules, 2002:
(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 and serial number
(ii) Manufacturer's serial number
(iii) Model number
(iv) Country of manufacture
(v) Year of manufacture
(vi) Approval country
(vii) Authorised body for design approval
(viii) Specification of ISO tank container and ISO tank container framework
(ix) Name of manufacturer
(x) Maximum allowable working 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) Payload of the petroleum product
(xviii) Inspected and tested by
(xix) Specification 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 or gross vehicle weight or gross combined weight of the vehicle chassis
ii. Unladen weight of vehicle chassis with trailer
5. Name of the port of import or 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 petroleum in ISO tank container particulars of which are given above, in accordance with the provisions of
the Petroleum Act, 1934, and the rules framed thereunder 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 imprisonment 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 scrutiny 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 capacity 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 hydro test certificate and Container Safety Certificate
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 of 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 and transportation of the ISO tank container from the port of import to
the end-use location.";
(e) In FORM VIII, -
(i) for the word and letters “PART II”, the word and letter "PART B” shall be substituted;
(ii) for the words "recognized engineer", the words "competent person or TPIA" shall be substituted;
(f) in FORM XIV, -
(i) in condition 5, after the words "another tank", the word "except with the previous sanction in writing of the
licensing authority" shall be inserted;
(ii) in condition 13, in clause (a), after 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 Controller" shall be inserted;
(iv) in condition 21, for the figures "1981", the figures “2016” shall be substituted;
(v) after condition 24, the following condition shall be inserted, namely;
"25. The licensing authority may specify in writing any additional condition which is, in the opinion of such
authority, necessary for installation of any other facility other than fuelling of the motor vehicle or the safety of the
premises.";
(g) in FORM XIX, for the entry relating to "(b) Petroleum Class A or B for on site reFuelling of
Vehicles/Machineries/Stationery Equipments", the following entry shall be substituted, namely: -
"(b) PETROLEUM CLASS B FOR ON SITE REFUELLING OF HEAVY VEHICLES/HEAVY
MACHINERIES/STATIONARY EQUIPMENTS.";
(h) in FORM XX, -
(A) for the brackets, words, figures and letters "[See rules 2(vi) and 130]", the brackets, words, figures and letters
"[See rules 2 (vi), (xxxiiia), 8, 93, 126 and 130]" shall be substituted;
(B) for the table and the entries relating to "A. QUALIFICATION AND EXPERIENCE OF COMPETENT
PERSON", the following shall be substituted, namely: -
"A. Qualification and Experience of Competent Person and Third Party Inspection Agency:
+-----+--------------------------+------------------------------------------------+-------------------------------------------------+
| Sl. | Rule under which | Qualification and other requirements | Experience for the purpose |
| No. | competency is | | |
| | recognised | | |
+-----+--------------------------+------------------------------------------------+-------------------------------------------------+
| (1) | (2) | (3) | (4) |
+=====+==========================+================================================+=================================================+
| 1. | Rules 8, 126 and 130 | 1. Degree in any branch of engineering | Minimum experience of five years in |
| | | from a recognised University or | testing, fabrication or installation or |
| | | equivalent; | inspection of petroleum tanks or operation |
| | | | and maintenance of petroleum storage |
| | | 2. Physically fit and mentally sound for | installations. |
| | | carrying out tests and examination | |
+-----+--------------------------+------------------------------------------------+-------------------------------------------------+
| 2. | PART B of Forms | 1. Degree or Diploma in any branch of | Minimum experience of five years in testing |
| | VII and VIII | engineering from a recognised | and fabrication or mounting of petroleum |
| | | University or equivalent; | transport tanks and operation and |
| | | | maintenance of petroleum tank vehicles. |
| | | 2. Physically fit and mentally sound for | |
| | | carrying out tests and examination | |
+-----+--------------------------+------------------------------------------------+-------------------------------------------------+
| 3. | Rule 93 | 1. Degree in Chemical or Mechanical or | Minimum experience of five years in |
| | | Metallurgy engineering from | atesting, fabrication or installation, |
| | | recognised University or equivalent; | maintenance of petroleum or liquefied |
| | | | petroleum gases or Natural Gas pipelines."; |
| | | 2. Physically fit and mentally sound for | |
| | | carrying out tests and examination. | |
+-----+--------------------------+------------------------------------------------+-------------------------------------------------+
(C) after the table and the entries relating to 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)
1. Name and full address of the organisation with contact number and E-mail:
2. Organisation 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 and qualification (of constituent members of the organisation):
(iii) Particulars of professional experience in chronological order:
+-----+-------------------+-----------------+--------------+------------------------+
| Sl. | Name of the | Period of service | Designation | Area of responsibilities |
| No. | Organisation | | | |
+-----+-------------------+-----------------+--------------+------------------------+
| (1) | (2) | (3) | (4) | (5) |
+=====+===================+=================+==============+========================+
| 1. | | | | |
+-----+-------------------+-----------------+--------------+------------------------+
| 2. | | | | |
+-----+-------------------+-----------------+--------------+------------------------+
| 3. | | | | |
+-----+-------------------+-----------------+--------------+------------------------+
| 4. | | | | |
+-----+-------------------+-----------------+--------------+------------------------+
Note: The constituent members of organisation shall have experience with regard to identification of
hazards, process safety, process controls, automation or instrumentation, electrical audits or HAZOP Study,
On Site Emergency Plan, Quantitative Risk Analysis, Dispersion Models, Pre Commissioning Safety Audits,
hydro testing 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 Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. (Please attach documentary
evidence of the experience)
4. Membership, if any, of professional bodies:
5. Whether the constituent members of the organisation has been declared as competent person under any
statute (if so, give details)
6. Any other information:
7. Declaration by each constituent 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 and 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 instructions 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 facilities.";
(xxxi) in the THIRD SCHEDULE, -
(a) in item 11 relating to Emergency venting for fire exposure, the words ", but, fusible vents shall not be
provided on tanks of capacity 25 Kilolitres and above" shall be omitted;
(b) after item 15 relating to Marking and Certifying, 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, 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 transmits static and dynamic forces arising
out of lifting, handling, securement 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 shall be no requirement for a baffle inside the ISO tank container 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 gross vehicle weight certified by the Regional
Transport Office.
(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 kiloliters
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 the
maximum capacity 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
notification 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.
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