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Core Purpose

Order amending the Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Order, 1987 to add a new eligibility route for companies seeking inclusion as processors under Part B of Schedule I.

Detailed Summary

Issued by the Ministry of Petroleum and Natural Gas as G.S.R. 176(E) dated 12 March 2024, in exercise of powers under section 3 of the Essential Commodities Act, 1955 (10 of 1955), the "Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Amendment Order, 2024" further amends the principal Order of 1987 (G.S.R. 233(E) dated 20 March 1987, last amended by G.S.R. 770(E) dated 26 October 2021) by inserting new clause 9A, which allows a company not listed in Part A of Schedule I to apply in Form 1-B for inclusion in Part B of Schedule I if it has at least ten years' continuous experience manufacturing and selling lubricating oil or grease under its own brand in India, an average annual sales volume of 50,000 kilolitres over the last three financial years (with a minimum of 10,000 kilolitres per year each in the automotive and industrial segments), an NABL-accredited testing laboratory, and status as an approved vendor to at least two Original Equipment Manufacturers in India with average annual sales of 2,000 kilolitres; the Order also substitutes the Schedule I list of Part A oil companies (Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd., Hindustan Petroleum Corporation Ltd., Balmer Lawrie and Company Ltd., Castrol India Ltd., Tide Water Oil Co. (India) Ltd., and Chennai Petroleum Corporation Ltd.) and inserts the new Form 1-B application requiring detailed corporate, production, laboratory, sales and compliance information; the Order is signed by Sujata Sharma, Deputy Secretary, under File No. M-11011(13)/3/2021-Distribution-PNG.

Full Text

1802 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 164] NEW DELHI , TUES DAY , MARCH 12, 2024 /PHALGUNA 22, 1945 CG-DL-E-13032024-252921 (1) (2) (1) (2) 1. - 2. - नाम ………………………………… .. MINISTRY OF PETROLEUM AND NATURAL GAS ORDER New Delhi, the 12th March , 2024 G.S.R. 176(E).— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to a mend the Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Order, 1987, namely: - 1. Short title and commencement. - (1) This Order may be called the Lubricating Oils and Greases (Processing, Supply and Distribution Regulati on) Amendment Order, 2024. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Order, 1987 (hereinafter referred to as the said Ord er), after clause 9, the following clause shall be inserted, namely: - “9A. Application for inclusion under PART B of Schedule I. - (1) Any company other than those specified under PART A of Schedule I , carrying on the business of a processor and fulfilling the following criteria may make an application to the Central Government in Form 1 -B for inclusion of its name in PART B of the said Schedule, namely: - (i) minimum ten years of continuous experience in the field of manufacturing and sales of lubricating oil, or grease or both, under the same company name with its own brand name in India; (ii) average sales volume of 50,000 Kilo Litres per year in the last three financial years, with minimum average sa les volume of 10,000 Kilo Litres per year in the last three financial years each in automotive and industrial segment of lubricating oil or grease, or both; (iii) having National Accreditation Board for Testing and Calibration Laboratories (NABL) accredite d laboratory for testing/certification of lubricating oils and greases; and (iv) an approved vendor for minimum two Original Equipment Manufacturers (OEMs) in India with the average sales volume of 2000 Kilo Litres per year in the last three financial yea rs to the OEMs. (2) On receipt of an application under sub -clause (1), the Central Government after making such enquiry as it considers necessary, shall cause the name of such company to be inserted under PART B of Schedule I or may refuse the same.”. 3. In the said Order, in Schedule I, (i) for the heading “Name of Oil Companies” and the entries relating thereto, the following shall be substituted, namely: “NAME OF OIL COMPANIES PART A S.No. Name of the Oil Company and Address (1) (2) 1. India n Oil Corporation Ltd.,G -9, Ali Yavar Jung Marg, Bandra (East), Bombay -400051 2. Bharat Petroleum Corporation Ltd., Bharat Bhavan, 4 & 6, Currimbhoy Road, Ballard Estate, Bombay - 400038 3. Hindustan Petroleum Corporation Ltd., 17 -Jamshedji Tata Road, Ch urchgate, Bombay -400020 4. Balmer Lawrie and Company Ltd., 21, Netaji Subhash Marg, Calcutta -700001 5. Castrol India Ltd. Technopolis Knowledge Park, Mahakali Caves Road, Andheri (East), Mumbai -400093 6. Tide Water Oil Co. (India) Ltd., 32, R Kamani Marg, Ballard Estate, Bombay -400038 7. Chennai Petroleum Corporation Ltd., 536, Anna Salai, Teynampet, Chennai -600018 PART B S.N. Name of the Oil Company and Address (1) (2) 1. - 2. - . Notes - PART A specifies the name of the Oil Companies n ot included in the definition of ‘processor’ under Clause 2 (c). Whereas, PART B specifies the name of the Oil Companies applied under FORM NO. 1 -B and inserted in the Schedule I under Clause 9A of the Order.”; (ii) after Form 1 -A, the following Form shal l be inserted, namely: - “FORM NO. 1 -B [See Clause 9A of the Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) Order, 1987] APPLICATION FOR INCLUSION UNDER PART B OF SCHEDULE I 1. Name and full address of the applicant: 2. Name and address of the Directors: 3. Date and year of incorporation: Note: Please attach the copy of Certificate of incorporation and Certificate of commencement of business issued by the Registrar of Companies. 4. Location of the Unit(s): 5. Date of commencem ent of production: 6. Capacity of the Plant(s) (Kilo Litres): 7. Details of production (Kilo Litres): Note: Please attach the copy of Employee’s State Insurance and Provident Fund Registration Certificate, Import/Export Registration Certificate, Tax Deduct ion and Collection Account Number (TAN)/Permanent Account Number (PAN)/Goods and Services Tax (GST)/ Value Added Tax (VAT)/Excise Registration Certificate, consent to establish and consent to operate from respective State Pollution Control Boards, approval of Directorate of Industrial Safety and Health (DISH) under the Factories Act, 1948, No Objection Certificate/approval from the respective Municipal Authorities/statutory bodies having jurisdiction over the Plant location, No Objection Certificate from Chief Fire Officer of respective Municipal Authority, Registration/Licence as principal employer under the Contract Labour (Regulation and Abolition) Act, 1970 and Licence from the Petroleum & Explosives Safety Organization in case any class A/B/C product is stored. 8. The sources and details of procurement of base oils and additives: 9. Process details: 10. Storage Capacity (a) for raw materials; (b) for intermediate products; (c) for finished products. 11. Details of the Laboratory certified by NABL: Note: Please attach the copy of Certificate issued by National Accreditation Board for Testing and Calibration Laboratories. 12. Segment -wise details of average sales volume of lubricating oil or/and grease in the last three financial years (Kilo Litres) (a) Aut omotive: (b) Industrial: (c) Total: Note: Please attach certificate from statutory auditor specifying sales volume of lubricating oil/grease for a continuous period of ten years, certificate from statutory auditor for segment wise bifurcation (Automotive and Industrial) of total quantity as declared above, audited annual statement for the last three financial years and GST return for the last three financial years. 13. Details of Brand Name(s) owned by the applicant: Note: Please attach the copy of Certif icate of registration of brand name. 14. Details of average sales volume to Original Equipment Manufacturers (OEMs) in India in the last three financial years (Kilo Litres): Note: Please attach the copy of agreement signed between OEM and the applicant and joint certificate issued by OEM and the applicant for quantity supplied. Please also attach the statutory auditor certificate in this regard. 15. Details of any disciplinary action or penalty or criminal proceeding initiated against the company by any aut hority: 16. Any additional information: DECLARATION Certified that the above information is true to the best of my knowledge and belief and the information as annexures and statements accompanying this application are correct, complete and truly stated an d if any statement made herein is found to be incorrect at any point of time, I shall be liable for action under the provisions of law. Signature and seal of the authorised signatory ………… Name ………………………………… .. (in Block letters) …………... Place……………………….. Date…………………………. Note: In case of any misrepresentation or concealment of material details in the application form, detected at any point of time, the application of the entity is liable to be rejected.”. [F. No. M-11011(13)/3/2021 -Distribution -PNG] SUJAT A SHARMA , Dy. Secy. Note. - The principal order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide number G.S.R. 233 (E), dated the 20th March, 1987 and last amended vide notification number G.S.R. 770 (E), dated the 26th October, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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