Section 7A in The Kerosene (Restriction on use and Fixation of Ceiling Price) Order, 1993
7A. [ Assessment and Certification/Rating of parallel marketers. [Inserted by G.S.R. 507 (E), dated June 19, 1995.]
(1)(a)No parallel marketer shall commence any activity such as import, transport, marketing, distribution, sale or any activity incidental thereto, relating to the business of Kerosene without obtaining a rating certificate on the basis of evaluation and rating for his capability, infrastructure network and readiness to carry out professed business and deliver goods and services promised, by an agency listed in Schedule A to this Order:Provided that a parallel marketer who commences any such activity, before the commencement of this Order, shall within three months, get himself evaluated and rated by the said agency:[Provided further that a parallel marketer carrying on the business of transportation, distributing or selling of Kerosene, as an agent of another parallel marketer, who has obtained a rating certificate, shall not be required to obtain a rating certificate.Explanation. - For the purpose of this clause, a parallel marketer shall be deemed to be an agent of another parallel marketer if the former is appointed as such agent for the above purposes by the latter through a legal instrument.](b)The rating certificate shall be issued in the format as prescribed in Schedule B to this Order and as per the forwarding letter given in Schedule C.(c)The rating certificate shall,-(i)be valid for a period of one year from the date of its issue, and(ii)require renewal by the rating agency, annually.(2)Every parallel marketer announcing details of this activity or inviting offers of any kind in the field of import, transport, marketing, distribution or sale of Kerosene, either in a newspaper, handout, pamphlet, leaflet or by any other means of communication or advertising shall indicate the rating awarded to him 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 marketer, a fee at the rate of 0.05 per cent 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 marketer, a fee of one-tenth of that required to be paid for such a certificate.(4)The agency listed for purpose of evaluation shall, on payment of the fee by the parallel marketer, evaluate the parallel marketer whose case is either referred to it or who approaches it, on the basis of, inter alia, the parameters indicated and the information to be provided by such parallel marketer in the pro forma as given in Schedule D to this Order and such other information as called for by the rating agency.(5)Every parallel marketer shall file a certified true copy of the certificate of rating with the Ministry of Petroleum and Natural Gas, Oil Coordination Committee, Ministry of Food and Civil Supplies of the Central and the State Governments and the Collector of the District in which he imports, transports, markets, distributes or sells kerosene. All letterheads or communications of parallel marketer shall have the following description of rating:(i)Name of the rating agency,(ii)Rating awarded to him, and(iii)Date of Issue.(6)No parallel marketer shall either give incomplete, incorrect, misleading or vague information in the newspaper, handout, pamphlet, leaflet, advertisement etc. or submit such information to the rating agency.]
