Introduction: The Ministry of Petroleum and Natural Gas, through an official order, has introduced amendments to the Motor Spirit and High-Speed Diesel (Regulation) Order 2005. These amendments aim to enhance the regulation of supply, distribution, and prevention of malpractices in the fuel sector. This article provides an in-depth analysis of the key changes brought about by this order.
Detailed Analysis:
1. Legal Basis: The amendments are made under the Essential Commodities Act, 1955, empowering the Central Government to regulate essential commodities like motor spirit and high-speed diesel. The order supersedes previous regulations and introduces new provisions.
2. Commencement and Scope: The amendment order comes into effect upon publication in the Official Gazette. It applies to the regulation of motor spirit and high-speed diesel supply, distribution, and quality control across the country.
3. Changes in Definitions: The order revises definitions related to motor spirit, specifying the quality standards and requirements in line with Bureau of Indian Standards specifications. It clarifies terms like ‘motor spirit’ and ‘sale of off-specification product.’
4. Quality Assurance Measures: The amended order emphasizes the importance of maintaining product quality and conformity to Indian Standards. It mandates the recording of product densities, joint sampling with tank truck drivers, and adherence to specified density variations.
5. Sampling and Laboratory Analysis: The authorized officer under the order is tasked with drawing samples for laboratory analysis, following the sampling methodology specified by the Bureau of Indian Standards. Samples collected from retail outlets are cross-referenced with tank truck samples for quality assessment.
Conclusion: The Motor Spirit and High-Speed Diesel (Regulation) Amendment Order 2024 issued by the Ministry of Petroleum and Natural Gas reflects the government’s commitment to ensuring the quality and integrity of fuel supply in the country. By introducing stringent quality control measures and aligning with Indian Standards, the order aims to prevent malpractices and safeguard consumer interests. Stakeholders in the fuel industry must comply with the amended regulations to uphold industry standards and contribute to a transparent and efficient fuel distribution system.
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MINISTRY OF PETROLEUM AND NATURAL GAS
ORDER
New Delhi, the 15th March, 2024
G.S.R. 208(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 amend the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, namely :-
1. (1) This Order may be called the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Amendment Order, 2024.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. In the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (hereinafter referred to as the said Order), in clause 2, –
(i) in item (a),-
(A) the words, letters and figures ”number IS 2796 and IS 1460‖ shall be omitted ;
(B) the word ”respectively” shall be omitted ;
(ii) for item (g), the following item shall be substituted, namely :-
‘(g)” motor spirit” means any hydrocarbon oil (excluding crude mineral oil conforming to IS-2796 or its blend with anhydrous ethanol as specified by Bureau of Indian Standards from time to time meeting the requirement as a fuel for use in spark ignition engine powered vehicles.’;
(iii) in item (h), the letters and words ”the IBP Co. Limited” shall be omitted ;
(iv) for item (t), the following item shall be substituted, namely :-
‘(t) “sale of off specification product” means the sale of motor spirit or high speed diesel by dealer of quality not conforming to the specifications notified by the Bureau of Indian Standards for motor spirit and high speed diesel.‘.
3. In the said Order, in clause 3, in sub-clause (3), for item (b), the following item shall be substituted, namely : –
”(b) that the quantity and quality of the product is as per delivery documents issued by the oil company and the quality of the product conforms to the requirements of the applicable Bureau of Indian Standard specifications for motor spirit and high speed diesel, for which purpose, the oil company shall indicate the density of the product at the temperature specified in the applicable Bureau of Indian Standard in the delivery documents and the dealer or consumer shall maintain –
(i) a record of densities;
(ii) keep samples of product duly signed jointly by him and the driver of tank truck; and
(iii) take other measures as specified by the oil company:
Provided that the variation in density of the product in tank truck compared to the density mentioned in delivery documents shall not be more than +/-0.0030;”.
4. In the said Order, clause 6B shall be omitted .
5. In the said Order, in clause 8, –
(a) for sub-clause (1), the following sub-clause shall be substituted, namely : –
‘ (1) The authorised officer under clause 7 shall draw the sample from the tank, nozzle, vehicle or receptacle, as the case may be, as per sampling methodology specified under IS-1447, as amended from time to time, to check whether density and other parameters of the product conform to the applicable Bureau of Indian Standard specifications for motor spirit and high speed diesel and in case samples are drawn from retail outlet, the relevant tank truck samples of last two receipts retained by the dealer as required under item (b) of sub-clause (3) of clause 3 shall also be collected for laboratory analysis.‘;
(b) in sub-clause (4), for the words, letters and figures ”requirements of Bureau of Indian Standard specifications No. IS 2796 and IS 1460 for motor sprit and high speed diesel respectively” the words ”requirements of applicable Bureau of Indian Standard specifications for motor sprit and high speed diesel” shall be substituted.
[No. M-12029(1 1)/2/2021 -OMC-PNG]
SUJATA SHARMA, Jt. Secy.
Note : The Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 729(E), dated the 19th December, 2005 and subsequently amended vide notification numbers G.S.R. 18(E), dated the 12th January, 2007, G.S.R. 1(E), dated the 31st December, 2008, G.S.R. 352(E), dated the 6th May, 2014, G.S.R. 621(E), dated the 10th August, 2015, G.S.R. 728(E), dated the 29th June, 2017, G.S.R. 395(E), dated the 30th May, 2019, G.S.R. 830(E), dated the 8th November, 2019, G.S.R. 903(E), dated the 10th December, 2019, G.S.R. 78(E), dated the 3rd February, 2020 and G.S.R. 203(E), dated the 22nd March, 2021.
