REGISTERED NO. D.221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub- section (1)
PUBLISHED BY AUTHORITY
No. 77]
NEW
DELHI, SUNDAY, APRIL 1, 1973/CHAITRA 11, 1895
Separate, paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF PETROLEUM AND CHEMICALS
(PETROLEUM AUG, RASAYAN MANTRALAYA)
ORDER
New Delhi, the 1st April, 1973
G. S. R, 189 (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
namely :—•
1.
Short title extent and commencement.—(1) This Order may be called the light
Diesel Oil (Fixation of Ceiling Prices) Order, 1973.
(2) It extends to the States of Punjab, Rajasthan, Gujarat and Haryana.
(3) It shall come into force on the 1st day of April, 1973.
Z- Definition.—In this Order, unless the context otherwise requires—
(a) "dealer" means a person carrying on the business of selling Light Diesel Oil, whether
wholesale or retail and whether in conjunction with any other business or not, and
includes—
(i) his representative or agent; and
(ii) an oil company making wholesale supply from its storage or selling point;
(b) "declared price", in relation to Light Diesel Oil sold in any area in the State. means
the maximum selling price declared in accordance with the, provisions of clause 3—
(l) by the State Government or District Collector in the case of an area in the State,
or
( 5 1 3 )
5 J 4
THE GAZETTE OF INDIA EXTRAORDINARY
tf*A*t
,11-
(2) by such officer as the State Government may empower in this behalf,
is the price at which the Light Diesel Oil is to be sold by a dealer in that area from the
date of commencement of this Order or from the date of the declaration of price by any of
the aforesaid authorities;
(c) the expression "Light Diesel Oil" shall have the meaning assigned to it in" Item No. 9
of the First Schedule to the Central Excises and Salt Act, 1944, (1 of 1944);
(d) "schedule price", in relation to Light Diesel Oil sold in any area in the State means
the price of Light Diesel Oil at the nearest main port or the refinery, as the casu mny
be, as indicated in the Schedule appended to thin Order.
3. Fixation of maximum selling price of Light Diesel Oil.—On ahdifrom the date
of commencement of this Order, no dealer shall sell Light Diesel Oil to any person at a price
which is in excess of the declared price which shall include the following, namely(:-^
(a) the schedule price;
(b) the increase or decrease, if any, in Central duties after the date of ojftmencement
of this Order as the Central Government may, by notification in the OliAtal Gazette
specify In this behalf;
(c) the rate of dealers' commission at six rupees and sixty paise per kilo litre subject to
the State Government or with the previous approval of the State Government, the
District Collector or the Deputy Commissioner of the area, as the case may be, allbw-
ing, by notification in the Official Gazette, reimbursement of any
exrraordihtlfy
expenditure which the dealers may have to incur under local conditions}
(d) (i) the railway freight actually payable on the date of commencement of this Order
for transporting the quantity of Light Diesel Oil from the nearest port of
installation or the refinery, as the case may be, to the place of sale and the
increase or decrease, if any, in such freight after that date;
(ii) the road transportation charges.actually payable on the date of commencement
of this Order for the transportation of supplies of Ljght Diesel Oil by road
by the dealer from the nearest storage or selling point of any oil company to" tKfe
place of sale, as the State Government or with the previous approval of the
State Government, the District Collector or the Deputy Commissioner of an
area in the State may, having regard to the transportation charges payable lor
the transp ortation of goods by the shortest route, allow and the increase or
decrease therein, if any, after that date;
(e) the
Bales tax and any
other local tax payable on the date of commencement of
this Order on the quantity of Light Diesel Oil, and the increase or decrease if any,
there in after that date;
(f) the surcharge, if any, over the prices mentioned in the Schedule appended to this
Order which may be imposed by the Central Government from time to time.
4. Light Diesel Oil stock to be dlaplayedt—Every dealer shall cause to be prominently
displayed on a special board to be maintained for this purpose at or near the entrance of the
place of sale—
(a) the stocks of Light Diesel Oil held by him from time to time and ready for delivery;
(b) the declared price of Light Diesel Oil; and
(c) the price at which he proposes to sell Light Diesel Oil.
5. Prohibition against withholding Light Diesel OH from sale.—No dealer having
stock of Light Diesel Oil shall withhold it from sale.
6. Inspection an maintenanca of books of accou nt, documents and records.—
Any officer authorised in this behalf by the State Government in relation to an area in a State may,
with a view to securing compliance with this Order—
(a) require the dealer to maintain and produce for inspection such books of account or
other documents and records relating to his business and to furnish such information
relating thereto, as he may specify; and
(b) prescribe the manner in which accounts of sale or purchase of or other transactions
in Light Diesel Oil shall be kept.
7. Power of entry, search and seizure.—(1) Any officer authorised in this behalf by
the State Government in relation to an area in a State may, with a view to securing compliance
with this Order or to satisfying himself that this Order has been complied with and with such
assistance if any, as he thinks fit—
(a) enter, inspect or break open and search any place or premises, vehicle or vessel which
he has reason to believe has been or is being used for the contravention of this Order
•nd
SEC. 3(i)]
THE GAZETTE OF INDIA EXTRAORDINARY
$t$
(b) search, seize and remove stocks of Light Diesel Oil and the animals, vehicles, vessels
or other conveyance used in carrying Light Diesel Oil in contravention of the p ro-
visions of this Order, and t hereafter take or authorise the taking of all measures neces-
sary for securing the pr oduction of the said stocks and the animals, vehicles, vessels
or other conveyance so seized, in a court and for their safe custody pending such
production.
(2) The provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898 (5 of
1R98), relating to search and seizure shall, so far as may be, apply to searches and seizures under
this Order,
8. Provisions of the order to prevail over previoutj Orders of State Govern-
ments.—The provisions of this Order shall have effect notwithstanding anything to the contrary
contained in any Order made by the State Government or by any Officer of the State Government
before the date of commencement of this Order, except as respects anything done or omitted
to be done thereunder before such commencement.
THE SCHEDULE
(See paragraph 2(d) and paragraph 3]
Prices of Light Dusel Oil tn bulk per kilo hire tx-slircge pat ts
Port]Refinery
Light Diesel Oil
Rs.
(a) Kandla
346' 93
(b) Bombay/Koyali
.
.
.
.
.
.
^
6g
[No. F.
rS-28014/1/73-PPD]
K.
BALACHANDARAN, Secy.
