Section 2 in Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005
2. Definitions.
- In this Order, unless the context otherwise requires,-(a)"adulteration" means [presence of marker in motor spirit and high speed diesel and/or] [Inserted by Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).] the introduction of any foreign substance into motor spirit or high speed diesel illegally or unauthorisedly with the result that the product does not conform to the requirements of the Bureau of Indian Standards specifications number IS 2796 and IS 1460 for motor spirit and high speed diesel respectively or any other requirement notified by the Central Government from time to time;(b)"authorized officer" means an officer authorized under the provisions of clause 7;(c)"consumer" means a person who purchases product from an oil company or a dealer appointed by an oil company and stores or utilizes the product for his own consumption and include his representative, employees and agents;(d)"dealer" means a person duly appointed by an oil company to purchase, receive, store and sell motor spirit and high speed diesel oil whether or not in conjunction with any other business and shall include his representatives, employees and agents;(e)"high speed diesel" means any hydrocarbon oil, excluding mineral colza oil and turpentine substitute, which meets the requirements of Bureau of Indian Standards Specification number IS 1460 [and also does not contain any traces of marker] [Inserted by Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).];(f)"Malpractices" shall include the following acts of omission and commission in respect of Motor Spirit and High Speed Diesel :-(i)Adulteration,(ii)Pilferage,(iii)stock variation,(iv)unauthorized exchange(v)unauthorized purchase,(vi)unauthorized sale,(vii)unauthorized possession,(viii)over-charging,(ix)sale of off-specification product, and(x)short delivery;(f1)[ "marker" means a chemical substance approved by the Central Government from time to time for blending in kerosene and other petroleum products with the objective of preventing their diversion or adulteration of motor spirit or high speed diesel;] [Inserted by Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).](g)"motor spirit" means any hydrocarbon oil, excluding crude mineral oil, which meets the requirements of Bureau of Indian Standards specification number IS 2796 [and also does not contain any traces of marker] [Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).];(h)"oil company" means the Indian Oil Corporation Limited, the Hindustan Petroleum Corporation Limited, the Bharat Petroleum Corporation Limited, the IBP Co. Limited or any person, firm or company duly authorized by the Central Government who is engaged in marketing and sale of motor spirit or high speed diesel directly to consumers or dealers in accordance with the stipulations laid down by the Central Government from time to time;(i)"petroleum" shall have the meaning assigned to it in the Petroleum Act, 1934;(j)"pilferage" means stealing or attempt to steal product from a container used for transportation of the product or from a receptacle used for storage of the product and shall include any unauthorized attempt or act of tampering with such container or receptacle;(k)"product" means motor spirit and high speed diesel;(l)"Schedule" means The Schedule appended to this order;(m)"stock variation" means variation beyond the norms for permissible variation in stock as specified in Schedule I;(m1)[ "test kit" means a set of equipment used to determine the presence of marker in kerosene, motor spirit, high speed diesel & other petroleum products;] [Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).](n)"transporter" means a person duly authorized by an oil company, a dealer or a consumer, to transport motor spirit or high speed diesel and shall include his representatives, employees and agents;(o)"unauthorized exchange" means transfer or receipt of the product from a dealer or consumer to another dealer or consumer or to any other person in contravention of the directives issued by the State Government or the oil companies;(p)"unauthorized purchase" means purchase of the product from sources other than those authorized by the oil companies;(q)"unauthorized sale" means sale of product by a dealer or consumer to another dealer or consumer or to any other person in contravention of the directive issued for the purpose by the State Government or the oil companies or in contravention of any provision of this order ;(r)"unauthorized possession" means keeping of motor spirit or high speed diesel or any petroleum product or its mixture, in contravention of the provisions of this order, under the control of dealer or any other person without valid sales documents issued by the concerned oil company;(s)"over charging" means sale of motor spirit or high speed diesel by a dealer at a price/ rate higher than that authorized by an oil company from which the dealer has purchased the product;(t)"sale of off specification product" means sale of motor spirit or high speed diesel by dealer of [having traces of marker and/ or] [Notification No. G.S.R. 18(E) dated 12.1.2007 (w.e.f. 21.12.2005).] quality not conforming to Bureau of Indian Standards specifications number IS 2796 and IS 1460 for motor spirit and high speed diesel respectively.
