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Union of India - Section

Section 6 in The Liquefied Petroleum Gas (Regulation Of Use In Motor Vehicles) Order, 2001

6. Assessment and certification rating of parallel marketeers

.-(1)(a) No parallel marketeer shall commence any activity, such as, import (including auto LPG Import Substitution), transport, marketing, distribution, sale or any activity incidental thereto, relating to the business of auto LPG to be used as automotive fuel without obtaining a minimum of low risk rating certificate, on the basis of evaluation and rating for his capability, infrastructure network and readiness to carry out professed business and delivery of goods and services promised by him by an agency specified in Schedule I:Provided that a parallel marketeer carrying on the business of transportation, marketing, distribution or selling of auto LPG for automotive fuel, as an agent of another parallel marketeer, who has obtained a minimum of low risk rating certificate, shall not be required to obtain a rating certificate.Explanation .-For the purpose of this sub-paragraph, a parallel marketeer shall be an agent of another parallel marketeer if the former is appointed as such, for the above purposes by the latter through a legal instrument.(b)The rating certificate shall be issued in the format as specified in Schedule II and as per the forwarding letter given in Schedule IV
(2)The rating certificate shall-
(i)be valid for a period of two years in case of "Good" and "Satisfactory" rating and one year in case of other ratings from the date of its issue, and
(ii)require renewal by the rating agency.
(3)Every parallel marketeer announcing details of his activity or inviting offers of any kind in the field of import (including auto LPG Import Substitution), transport, marketing, distribution or sale of auto LPG for automotive fuel, either in a newspaper, handout, pamphlet, leaflet or by any other means of communication or advertising shall indicate the rating awarded to him in words, i.e ., Good, Satisfactory, Low-Risk, High-Risk, whichever is applicable, and prominently publish the rating certificate, as given by the rating agency.
(4)There shall be paid in respect of every application to a rating agency-
(i)for the rating certificate awarded to the parallel marketeer, a fee at the rate of 0.05% of the project cost, subject to a minimum of rupees fifty thousand and maximum of rupees ten lakhs; and
(ii)for the renewal of the rating certificate by the parallel marketeer, a fee of one-tenth of that required to be paid for such a certificate;
(iii)The renewal of rating certificate by the parallel marketeer shall be as per the following periodicity, namely:-
(a)once in two years, for those having "Good" and "Satisfactory" rating certificate in the previous year;
(b)once in a year for those having rating certificate other than "Good" and "Satisfactory" in the previous year.
(5)The agencies given in Schedule I for the purpose of evaluation shall, on payment of fee by the parallel marketeer, evaluate the parallel marketeer whose case is either referred to it or who approaches it, on the basis of the parameters indicated and the information provided by such parallel marketeer in the format as specified in Schedule III or such other information as may be required by the rating agency.
(6)Every parallel marketeer shall file a certified true copy of the certificate of rating with the Ministry of Petroleum and Natural Gas, Oil Co-ordination Committee, Ministry of Food and Civil Supplies of the Central and the State Government and Collector of the District in which he imports (including auto LPG Import Substitution), transports, markets, distributes or sells auto LPG for automotive fuel.
(a)All letter-heads or communications of a parallel marketeer shall have the following description of rating, namely:-
(i)Name of the rating agency,
(ii)Rating awarded to him, and
(iii)Date of issue.
(b)No parallel marketeer shall either give incomplete, incorrect, misleading, vague information in the newspaper, handout, pamphlet, leaflet or advertisement or submit such information to the rating agency.