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Circular No: PET/1003/3784/M
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Guidelines to issue NOC under Rule 144 of the Petroleum Rules,2002.

 

Government of Gujarat

Home Department

Circular No: PET/1003/3784/M

Sachivalaya, Gandhinagar.

Date:-11 JUN 2004

Read:-   

1. Govt. Circular H.D. No. PET/1066/208/M dtd. 28.1.70

2. Govt. Circular H.D. No. PET/1003/3784/M dtd. 30.9.03

CIRCULAR

 

Instructions regarding issue of NOC for retail outlets (pumps) for the retail sale of Motor Spirit (Petrol) and High Speed Diesel Oil etc. had been issued vide Home Department Circulars dated 28.1.70 and dated 30.9.03 referred above. Competent authorities had been requested to dispose of the applications for NOC under Rule-144 of the Petroleum Rules, 1976 within stipulated time limit.

 

A representation is made regarding difficulties faced in implementation of Petroleum Retail Outlets by private operators as different procedures are being followed by different district authorities while issuing the NOC under Rule 144 of the Petroleum Rules, 2002 in force with effect from 13th March, 2002. After careful consideration in this regard and consultation with relevant Departments it is decided to issue revised guideline for issuing NOC under Rule 144 of the Petroleum Rules, 2002 by Home Department.

 

Accordingly in supersession of earlier guidelines issued vide Government Circulars read above, the revised guidelines for grant of NOC under Rule, 144 of the Petroleum Rules, 2002 are issued as per Annexure attached herewith. All the concerned District Authorities are requested to follow these guidelines and also ensure to observe the time limit stipulated therein. Licensee / Applicant will obtain clearances and comply with requirements to be fulfilled before commissioning the Retail Outlet.

 

By order and in the name of the Governor of Gujarat,

 

(Y.N.Barot)

Deputy Secretary to Government

Home Department

To,

  • All Commissioners of Police

  • All District Magistrates

  • All District Superintendents of Police

  • The C E O, GIDB, Block No. 18, 8th floor, Udhyog Bhavan,    Sec.11, Gandhinagar.

           
 
 

GUIDELINES TO ISSUE NOC UNDER RULE 144 OF PETROLEUM RULES, 2002.

As per Rule 144 of the Petroleum Rules 2002, any person wanting to set up Retail Outlets (RO) of petroleum products has to obtain No Objection Certificate (NOC) from the District Authority (District Magistrate (DM) / Commissioner of Police (CP)). It has come to the notice of Government that there is no uniform procedure being followed while issuing the said NOC or for obtaining information / opinion from other offices before issuing the NOC, which results in delay in granting the NOC. The issue was discussed in a meeting convened for the purpose by the Chief Secretary on 7th October 2003, wherein it was decided to formulate uniform guidelines for issuance of NOC under Rule 144 of Petroleum Rules, 2002. GIDB was asked by CS to work as the nodal agency to formulate such guidelines in consultation with the concerned Departments. After consultation with the departments, the following guidelines have been prepared to be followed by the concerned authorities while granting the NOC under Rule 144 of the Petroleum Rules, 2002.

 

A  Requirement of NOC under Rule 144 of Petroleum Rules 2002.

1. The applicant shall apply to the District Authority with copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate to the applicant.

2. Every certificate issued by the District Authority shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under his official seal.

3. The District Authority shall complete his inquiry for issuing NOC and shall complete the action for issue or refusal of the NOC, as the case may be, as expeditiously as possible, but not later than three months from the date of receipt of application by him.

 

B  Submission of Application

1. The applicant must submit the application in 5 copies in the format as, specified in Annexure -I. The list of documents which the applicant needs to submit is given at Annexure - II.

2. The applicant must submit the application as per (1) above to the District Authority concerned.

 

Processing of the Application

3. Upon receipt of the application, the District Authority shall forward a copy of the application to each of the following officers directly within seven (7) days of the receipt of the application.

a.    Mamlatdar of the taluka in which the proposed location exists;

b.    Superintendent of Police in case of application to DM or Deputy Commissioner of Police (DCP) in case of application to CP;

c.     Executive Engineer / relevant authority of NH / SH / Panchayat Road/ Village Roads having jurisdiction of the respective road on which RO proposed to be located;

d.    Municipal Commissioner / CEO of Urban Authority / Urban Local
bodies, in case the proposed site falls within Urban / Municipal limits.

The forwarding letter must specify specific purpose for which the opinion of the concerned officer has been sought. Annexure - 111 lists the officers and the purpose for which their opinion may be sought.

4.   The above mentioned officers must submit their report, along with clear opinion to the concerned District Authority within 30 days from the date of receipt of the documents. If, in the opinion of the officer, the NOC should not be granted to the applicant, the concerned officer must give detailed reasons for such opinion within 30 days.

5.   The officer whose report / opinion is sought should only concentrate on the issues falling in his/her purview as mentioned in Annexure - III.   The concerned officer MUST NOT ask for any other information or opinion from any other officer other than his subordinates.

6.   If the opinion of the concerned officer is not received within the time limit as specified, it will be deemed that the officer does not have any objection for granting NOC to the applicant and the 'concerned District Authority shall proceed further to process the application.  Under such circumstance, the concerned officer who has not submitted his report / opinion would be responsible for any future liability which may emerge as a consequence of him not giving an opinion.

7.   The officers mentioned in 3 (a), (b) (c) and(d) should forward their report/opinion directly to the District Authority, and not route it through an intermediate office.

8.   Upon receipt of the opinion of all concerned officers or after the time limit as mentioned in (4) above expires, whichever is earlier, the District Authority shall issue the NOC or refuse to issue, as the case may be, within 15 days after the time limit for receiving the report / opinion is over.

9.   If the District Authority is of the opinion, based on the report / opinion of any of the officers or based on its own investigation, that the NOC cannot be granted to the applicant, the District Authority shall record the reasons for not granting the NOG in writing and communicate the same to the applicant.

10.  Upon receipt of a letter of refusal, the applicant can reply on the reasons stated by the District Authority for not granting the NOG, within 15 days of the receipt of such letter. Upon receipt of such reply, the District Authority must communicate their final decision within 15 days to the applicant.

Monitoring of the Application

11.  The District Authority must keep a record of the progress of all applications for ROs. A monthly status report must be prepared and reviewed by the District Authority.

Do's and don'ts to be observed by District Authority / officers while processing the application for ROs.                                                                                                    

12.  There is no need to seek the NA status of the land for giving the NOC, as the two are not related. It is responsibility of the applicant to adhere to all other rules and regulations which may be applicable otherwise.

13.  There is no need to consult Land Acquisition Officer or officers dealing with land reforms, as these officers can be consulted, if need be, at the time of granting NA permission.                                                                                                         

14.  There is no need to issue advertisement in the newspapers inviting objections from the general public.

15.  There is no need to consult General Manager, District Industries Centre (GM, DIC).

16.  The NOG is sought under Rule 144 of Petroleum Rules, 2002. As per Rule 144, the applicant needs to submit the NOC along with his application for license, in the prescribed form, to the Chief Controller of Explosives (CCOE). There could be other approvals / documents / drawings sought by the CCOE along with the application for license. These are the requirements of the CCOE for granting license to the applicant. Hence, the District Authority / officers shall not demand the documents which are sought by CCOE and which are not required while granting the NOC.

17. The District Authority / officers shall strictly follow the guidelines specified herein. They shall also strictly follow the time limit as specified.

18.  Notwithstanding anything contained in this guidelines, if the District Authority is of the view that the consultation of any other authorities is necessary, for the valid and cogent reasons to be recorded in writing, the District Authority may sought opinion of any such authorities.


 

Annexue-I

Application Form

(FORM IX to be submitted to CCOE)

The replies to be given in this Column

1. Applicant's Name............................................

   Applicant's calling                                           

   Applicant's full Postal Address........................

....................................................................

2.     Situation of the premises where

Petroleum is to be stored

State                                                                  

District                                                                

Town and village                                                  

Police Station                                                       

Nearest railway station                                         

3.     Quantity (in litres) of petroleum proposed to be imported and stored

(i) Petroleum Class A

(a) ln bulk                                                   

(b) Not in bulk.............................................

(c) Total                                   ................

(ii) Petroleum Class B

(a) In bulk-                                                 

(b)Not in bulk                                              

(c) Total....................................................

(Hi) Petroleum Class C

(a) In bulk                                                  

(b)Not in bulk                                             

(c) Total                                                     

Total of all classes of Petroleum

4.     Quantity in liters of petroleum already stored in the premises:

(i) Petroleum Class A

In bulk

Not in bulk

Total

(ii) Petroleum Class B

In bulk

Not in bulk

Total

(iii) Petroleum Class C

In bulk

Not in bulk

Total

Total of all classes of Petroleum

5. Number of license held for the premises and the Full name of the holder of the
license

I hereby declare that the statements made above have been checked up by me and are true and I undertake to abide by the terms and conditions of the license which will be granted to me.

 

Date of application


 

Signature and designation of the applicant.

Notes.

Where the application is made on behalf of a company, the name and address of the company and the name of the manager or agent should be given and the application should be signed by him. Every change in the name of the manager or agent shall be forthwith intimated to, and his specimen signature filed with, the licensing authority. "In bulk" means in tanks or receptacles exceeding 1,000 liters in capacity "Not in bulk" means in approved containers not exceeding 1,000 liters in capacity.

.....................

 

Annexure - II

List of documents to be submitted by the Applicant.

1.    Application in prescribed format (Annexure - I) in 5 copies.

2.    Copies of site-plan showing the location of the premises proposed to be licensed. The site plan must clearly show the location, the distance of the location from SH/NH/any other road/access road etc. Also it must show major settlement / monument etc. and its distance from the proposed location.

3.    Proof of the ownership / possession of the proposed land.

.....................

Annexure - III

List of officers to be Consulted

Sr. No.

Name of Officer

Opinion Sought

1.       

Taluka Mamlatdar.

 

For the site visit: To verify the ownership/ possession of the land and to see whether any litigation is pending with respect to the said land.

 

2.       

District Superintendent of Police or Deputy Commissioner of Police

To seek opinion on security aspects with respect to the site.

 

3.       

Executive Engineer / Relevant Authority of NH / SH / Panchayat Road / Village Raod having jurisdiction of the respective road on which RO proposed to be located. 

For issues pertaining to road margins, ribbon development regulations.

 

4.       

Municipal Commissioner of Municipal corporations / CEO of Urban Development Authorities / Urban Local Bodies.

 

For issues pertaining to zoning regulation and in case the road on which RO proposed to be located is under jurisdiction of such bodies the opinion regarding road margins, ribbon development regulations as well. 

 


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