Section 11 in Liquefied Petroleum Gas (Regulation Of Supply And Distribution) Order 2000
11. Assessment and Certificate Rating of parallel marketeers. -
(1)(a)No parallel marketeer shall commence any activity, such as, importing, storing, transporting, bottling, marketing, distribution, sale or any activity incidental thereto, relating to the business of liquefied petroleum gas without obtaining a rating certificate, for his capability, infrastructure network and readiness to carry out professed business and deliver goods and services promised, provision for adequate safety backup for transportation, accident relief during transportation, and attending to emergency complaints of consumers by an agency given in Schedule - IV, on the basis of its evaluation and rating.(b)The rating Certificate shall be issued in the format as specified in Schedule - V, and as per the forwarding letter given in Schedule - VI.(c)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.(2)every parallel marketeer announcing details of his activity or inviting offers of any kind in the field of import, transport, marketing, bottling, distribution or sale of liquefied petroleum gas. 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.(3)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 onetenth 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.(4)The agencies given in Schedule-IV 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 - VII or such other information as may be required by the rating agency.(5)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 Civil Supplies of the Central and the State Government and Collector of the District in which he imports, transport, bottles, markets, distributes or sells liquefied petroleum gas.(6)All letter-heads or communications of a parallel marketeer shall have the following description of rating :-(i)Name of the rating agency,(ii)Rating awarded to him, and(iii)Date of Issue.(7)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;Provided that a parallel marketeer carrying on the business of transportation, marketeer, distribution or selling of liquefied petroleum gas as an agent of another parallel marketing, who has obtained a rating certificate, shall not be required to obtain a rating certificate.Explanation: For the purpose of this clause, a parallel marketeer shall be regarded as an agent of another parallel marketeer if the former is appointed an agent for the above purposes by the later through a legal instrument.
