14. Inspection and sampling of petroleum.—(1) The 2
[Central Government] may, by notification in
the Official Gazette, authorise, any officer by name or by virtue of office to enter any place where
petroleum is being imported, transported, stored, produced, refined or blended and to inspect and take
samples for testing of any petroleum found therein.
(2) The 2
[Central Government] may make rules—
(a) regulating the taking of samples of petroleum for testing;
(b) determining the cases in which payment shall be made for the value of samples taken, and the
mode of payment, and
(c) generally, regulating the procedure of officers exercising powers under this section.
15. Standard Test Apparatus.—(1) A standard apparatus for determining the 3
[flash-point] of
petroleum shall be deposited with an officer to be appointed in this behalf by the 2
[Central Government]
by notification in the Official Gazette.
(2) Such apparatus shall be engraved with the words “Standard Test Apparatus”, and shall be verified
and corrected from time to time and replaced when necessary, in accordance with rules under section 21.
(3) The Standard Test Apparatus shall, on payment of the prescribed fee, be open to inspection at all
reasonable times by any person wishing to inspect it.
1. Subs. by Act 24 of 1970, s. 10, for section 11 (w.e.f. 1-8-1976).
2. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
3. Subs. by Act 24 of 1970, s. 10, for “flashing-point” (w.e.f. 1-8-1976).
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16. Certification of other test apparatus.—(1) The officer appointed under section 15 shall, on
payment of the prescribed fee, if any, compare with the Standard Test Apparatus and apparatus for
determining the 1
[flash-point] of petroleum which may be submitted to him for this purpose.
(2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed
limits, the officer shall engrave such apparatus with a special number and with the date of the comparison
and shall give a certificate in respect of it in the prescribed form, certifying that on the said date the
apparatus was compared with the Standard Test Apparatus and was found to agree with it within the
prescribed limits, and specifying any corrections to be made in the results of tests carried out with the
apparatus.
(3) A certificate granted under this section shall be valid for such period as may be prescribed.
(4) A certificate granted under this section shall, during the period for which it is valid, be proof, until
the contrary is proved, of any matter stated therein.
(5) The officer shall keep a register in the prescribed form of all certificates granted by him under this
section.
17. Testing officers.— The 2
[Central Government] may authorise any officer by name or by virtue of
office to test petroleum of which samples have been taken under this Act, or which may have been
submitted to him for test by any person, and to grant certificates of the results of such tests.
18. Manner of test.—All tests of petroleum made under this Act shall be made with a test apparatus
in respect of which there is valid certificate under section 16, shall have due regard to any correction
specified in that certificate, and shall be carried out in accordance with rules made under section 21.
19. Certificate of testing.— 3
[(1) The testing officer after testing samples of petroleum shall make
out a certificate in the prescribed form, stating whether the petroleum is petroleum Class A or petroleum
Class B or petroleum Class C and if the petroleum is petroleum Class B or petroleum Class C, the
flash-point of the petroleum.]
(2) The testing officer shall furnish the person concerned, at his request, with a certified copy of the
certificate, on payment of the prescribed fee, and such certified copy may be produced in any court in
proof of the contents of the original certificate.
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[(3) A certificate given under this section shall be admitted as evidence in any proceedings which
may be taken under this Act in respect of the petroleum from which the samples were taken, and shall,
until the contrary is proved, be conclusive proof, that the petroleum is petroleum Class A or petroleum
Class B or petroleum Class C, and, if the petroleum is petroleum Class B or petroleum Class C, of its
flash-point.]
20. Right to require re-test.—(1) The owner of any petroleum, or his agent, who is dissatisfied with
the result of the test of the petroleum may, within seven days from the date on which he received
intimation of the result of the test, apply to the officer empowered under section 14 to have fresh samples
of the petroleum taken and tested.
1. Subs. by Act 24 of 1970, s. 12, for “flashing-point” (w.e.f. 1-8-1976).
2. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
3. Subs. by Act 24 of 1970, s. 13, for sub-section (1) (w.e.f. 1-8-1976).
4. Subs. by s. 13, ibid., for sub-section (3) (w.e.f. 1-8-1976).
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(2) On such application and on payment of the prescribed fee, fresh samples of the petroleum shall be
taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence
of such owner or agent or person deputed by him.
(3) If, on such re-test, it appears that the original test was erroneous the testing officer shall cancel the
original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner
of the petroleum, or his agent, with a certified copy thereof, free of charge.
21. Power to make rules regarding tests.—The 1
[Central Government] may make rules—
(a) for the specification, verification, correction and replacement of the Standard Test Apparatus;
(b) prescribing fees for the inspection of the Standard Test Apparatus;
(c) regulating the procedure in comprising a test apparatus with the Standard Test Apparatus;
(d) prescribing the form of certificate to be given in respect of a test apparatus so compared, and
the period for which such certificate shall be valid;
(e) prescribing the form of the register of such certificates;
(f) prescribing fees for comparing a test apparatus with Standard Test Apparatus;
(g) regulating the procedure of testing officers in carrying out tests of petroleum, providing for
the averaging of results where several samples of the same petroleum are tested, and prescribing the
variations from standard temperatures which may be allowed;
(h) prescribing the form of certificate of tests of petroleum and the fees which may be charged
therefore;
(i) providing, where the results of the testing of samples raise a doubt as to the uniformity of the
quality of the petroleum in any lot under test, for the division of the lot into sub-lots, and for the
selection and testing of samples of each sub-lot and for the averaging of results in accordance with
the results of tests of those samples;
(j) prescribing fees for re-tests under section 20 and providing for their refund where the original
test was erroneous; and
(k) generally, regulating the procedure of all officers performing duties connected with the testing
of petroleum, and providing for any matter incidental to such testing.
22. Special rules for testing viscous or solid forms of petroleum.—The 1
[Central Government]
may also make rules providing specially for the testing of any form of petroleum which is viscous or solid
or contains sediment or thickening ingredients, and such rules may modify or supplement any of the
provisions of this Chapter or of the rules made under section 21 in order to adapt them to the special
needs of such tests.