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Short title.
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1. This Ordinance may be cited as the Petrol (Control of Supplies) Ordinance.
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Duration of Ordinance.
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2. This Ordinance shall continue in force until such date as the Minister may, by Order3 published in the Gazette, appoint as the date on which the Ordinance shall cease to be in force.
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3. There may be appointed- [3]
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(a) a [3] person, by name or by office, to be or to act as Petrol Controller for the purposes of this Ordinance ;
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(b) such number of persons, by name or by office, to be or to act as Deputy Petrol Controllers and Assistant Petrol Controllers as may be necessary for the purposes of this Ordinance ; and
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(c) such other officers and servants as may be necessary for the purpose of carrying out or (giving effect to the provisions of this Ordinance.
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Delegation of powers and duties of Controller
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3A. The Controller may in writing delegate any of his powers and duties under this Ordinance to any Deputy Petrol Controller or Assistant Petrol Controller
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Restriction on purchase of petrol.
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4, On and after such date * as the Governor may fix by Order published in the Gazette, no person other than a vendor shall purchase or obtain any petrol-
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(a) unless he is an approved consumer and is the holder of a permit issued by the Controller under this Ordinance ; or
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(b) unless an order authorizing the sale or supply of a specified quantity of petrol to him by a supplier has been issued by the Controller.
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* 1st November, 1941.-Gazette Extraordinary No. 8,805 of 29th October, 1941.
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Application for approval as consumer.
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5.
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(1) Every application for the approval of a person as a consumer of petrol shall be made to the Controller and shall set out-
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(a) a description of the vehicle, vessel, aircraft, plant or machinery for which the petrol is required, and in the case of a vehicle, the registered number, make and horse-power thereof ;
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(b) the purpose for which such vehicle, vessel, aircraft, plant or machinery is intended to be employed ;
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(c) the monthly average quantity of petrol purchased by the applicant during the twelve months immediately preceding the date on which the application is made;
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(d) the estimated monthly average quantity of petrol required by the applicant after such date, and the description of the petrol so required ; and
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(e) particulars of such other matters as may be prescribed
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(2) Every applicant who desires to take delivery of any petrol otherwise than in the tank of a vehicle, vessel or aircraft shall specify in his application the manner in which he proposes to take delivery of the petrol and his reasons for requiring delivery in such manner.
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(3) The Controller may provide forms of application for the purposes of this section and where such forms are provided, application shall be made in the form so provided.
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Refusal of approval as a consumer.
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6.
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(1) The Controller may refuse to approve any person as a consumer of petrol of any description if, having regard-
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(a) to the stocks of such petrol in Ceylon ;
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(b) to the necessity for conserving such stocks for use for public purposes ; and the maintenance of essential services ; and
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(c) to the purposes for which that person proposes to use such petrol,
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the Controller is satisfied that that person should not be authorized to obtain supplies of such petrol.
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(2) Where the Controller refuses to register any person as a consumer of petrol-
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(a) the Controller shall give notice of such refusal by letter sent by post to that person at the address specified by him in his application ;
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(b) that person may, before the expiry of a period of seven days from the date of the receipt of the notice and on payment of a fee of one rupee, appeal to the Minister against such refusal.
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(3) The decision of the Minister on any appeal preferred under subsection (2) shall, subject to the provisions of section 9, be final.
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Issue of permits to approved consumers.
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7.
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(1) Upon the approval of a person as a consumer of petrol of any description, the Controller may from time to time in his discretion determine the quantity of such petrol which that person may be authorized to obtain during any month, and may issue to him one or more permits to which shall be attached such number of coupons as may be necessary to enable him to obtain that quantity of such petrol during that month and deliver such permit or permits either to him or to any person authorized by him in writing to be his representative.
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(2) No appeal shall lie against any determination of the Controller under subsection (1) : Provided, however, that nothing herein contained shall be deemed to prejudice or affect the power of the Controller to vary any such determination at any time.
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(3) No permit issued under subsection (1), and no, coupon attached to any such permit, shall be valid except during the month in respect of which the permit is issued.
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(4) Where the Controller is satisfied that petrol should be delivered to any approved consumer otherwise than in the tank of a vehicle, vessel or aircraft, he may by entry made in any one or more of the permits issued to that consumer, authorize the delivery, otherwise than in the tank of a vehicle, vessel, or aircraft, of petrol purchased or obtained under that permit.
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(5) No permit shall authorize any person to purchase or obtain petrol at any place other than a retail depot: Provided, however, that the Controller may in any case issue to an approved consumer a special permit authorizing him to purchase or obtain petrol direct from a supplier.
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Prohibition of sale or transfer of permits and of petrol by approved consumers.
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8.
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(1) No approved consumer shall-
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(a) sell or transfer to any other person any permit issued to that consumer or any coupon attached to any such permit; or
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(b) deliver any such permit or coupon to any other person except for the purpose of enabling that person to purchase or obtain petrol for the use of that consumer; or
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(c) deliver any such coupon to any vendor except for the purpose of obtaining petrol from that vendor; or
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(d) sell or deliver to any other person any petrol purchased or obtained under the authority of a permit issued to that consumer.
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(2) Notwithstanding anything in subsection (1) (d) to the contrary, no person shall be deemed to have contravened the provisions of that subsection by reason only of the sale or delivery of any quantity of petrol not exceeding one gallon if he proves to the satisfaction of the court that-
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(a) the petrol was delivered into the tank of a vehicle belonging to an approved consumer in order to enable that vehicle to be driven to the nearest retail depot for the purpose of replenishing the tank of the vehicle; and
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(b) the quantity of petrol, if any, which was in that tank immediately prior to the time of such delivery was not sufficient to enable the vehicle to be driven to the nearest retail depot.
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Revocation of approval.
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9.
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(1) Where any person has been approved as a consumer of petrol of any description, the Controller may revoke such approval-
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(a) if he is satisfied that that person has contravened any of the provisions of this Ordinance, or has made in any application or return made thereunder any statement which he knows to be false ;
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(b) if, having regard-
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(i) to the stocks of such petrol in Ceylon.
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(ii) to the necessity of conserving such stocks for use for public purposes and the maintenance of essential services ; and
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(iii) to the purposes for which such petrol is used by that person, the Controller is satisfied that that person should not be authorized to obtain supplies of such petrol.
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(2) Where the approval of any person as a consumer of petrol is revoked by the Controller under subsection (1) –
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(a) the Controller shall give notice of such revocation by letter sent by post to that person at the address specified by him in his application for approval as a consumer ;
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(b) that person may, before the expiry of a period of seven days from the date of the receipt of the notice and on payment of a fee of one rupee, appeal to the Minister against such revocation.
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(3) The decision of the Minister on any appeal preferred under subsection (2) shall be final.
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Provisions as to sale or delivery of petrol at retail depots
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10.
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(1) On and after the date fixed by order under section 4, no person shall sell or deliver any quantity of petrol to any other person at a retail depot unless-
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(i) a valid permit is produced by that other person to the vendor in respect of that depot, and
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(ii) a valid coupon or valid coupons representing that quantity of petrol is or are detached by that vendor from that permit.
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(2) On and after the date fixed by order under section 4, a person working at a retail depot-
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(a) shall not, except in the case referred to in paragraph (b) of this subsection, deliver any petrol to any other person otherwise than in the tank of a vehicle ;
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(b) shall, if so required by any other person, deliver any petrol to that other person otherwise than in the tank of a vehicle if the permit produced by that other person authorizes the delivery of petrol in such manner as the consumer may require ; and
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(c) shall, except in the case referred to in paragraph (b) of this subsection, deliver any petrol to any other person by pouring or discharging it into the tank of a vehicle which bears, as the distinctive number (in this Ordinance sometimes referred to as the registered number) assigned to that vehicle upon its registration under the law relating to motor vehicles, the number specified in the permit produced by that other person as the number of the vehicle in respect of which that permit has been issued :
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Provided, however, that nothing in the provisions of paragraph (c) of this subsection shall be deemed to prevent the delivery of petrol in any manner other than that prescribed by those provisions, if the permit so authorizes.
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(3) On and after the date fixed by order under section 4, the vendor in respect of a retail depot shall-
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(a) where any petrol is delivered by pouring or discharging it into the tank of a vehicle, enter in ink, on each coupon detached by him from the permit produced for the purpose of taking delivery of the petrol, the number which that vehicle bears as the distinctive number assigned to it upon its registration under the law relating to motor vehicles, and
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(b) where any petrol is delivered otherwise than in the tank of a vehicle in accordance with the provisions of paragraph (b) of subsection (1), enter in ink, on each coupon detached by him from the permit produced for the purpose of taking delivery of the petrol, the serial number of the permit.
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(4) Where at any time at any retail depot any person, other than the vendor in respect of that depot at that time, sells or delivers any petrol to any other person in contravention of any of the preceding provisions of this section, that vendor shall also be guilty of the offence constituted by such contravention.
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(5) The preceding provisions of this section shall apply in the case of the sale or delivery of petrol at a retail depot to the vendor in respect of that depot or into the tank of any vehicle belonging to that vendor, in like manner as those provisions apply in the case of the sale or delivery of petrol to any other person or into the tank of any vehicle belonging to any other person.
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Presumption as to deficiency of stocks at retail depot.
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10A. On and after the date fixed by order under section 4, where the aggregate of-
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(a) the quantity of petrol in stock at a retail depot at any time in any month, and
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(b) the quantity of petrol represented by such of the coupons issued by the Controller in respect of that month as have been surrendered at that depot prior to such time by or on behalf of any holders of permits for the purpose of taking delivery of petrol,
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is less than the aggregate of-
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(i) the quantity of petrol in stock at that depot immediately prior to the commencement of business on the first day of that month, and
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(ii) the quantity of petrol, if any, supplied to that depot by a supplier during that month but prior to such time,
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it shall be presumed that petrol has been sold at that depot in contravention of subsection (1) of section 10 and that the vendor in respect of that depot is guilty of the offence constituted by such contravention unless he proves to the satisfaction of the court that the deficiency in [the stocks of petrol was due to any unavoidable cause.”.
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Duties of vendor upon sale
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11. On and after the date fixed by Order under 1 section 4-
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(a) every vendor shall, from time to time, in accordance with such directions as the Controller may issue, transmit to such officer as the Controller may specify in those directions or to the supplier from whom petrol is obtained by that vendor all coupons surrendered to him under section 10, and every special permit surrendered to him under section 19 (2) ;
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(b) every vendor shall, upon the sale or delivery of any petrol to any person make or cause to be made an entry, substantially in the form set out in the Schedule to this Ordinance, in respect of such sale or delivery in a register kept for the purpose, which shall be made available for inspection at any time by the Controller or by an authorized officer :
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Provided, however, that nothing in this paragraph shall be deemed to require any such entry to be made in any register during any period if the Minister3 has, by Order published in the Gazette, declared that the provisions of this paragraph shall not apply during that period.
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Returns by persons other than vendors.
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12. Every person, other than a vendor or supplier who on the appointed date has in his possession, otherwise than in the tank of a vehicle, vessel or aircraft any quantity of petrol in excess of ten gallons, shall before the expiry of a period of five days from that date, furnish to the Controller a return specifying the quantity of petrol which is in his possession ; and the Controller may, notwithstanding that that person is approved under this Ordinance as a consumer of petrol refuse to issue any permit to him in respect of the period during which the quantity so specified will, in the opinion of the Controller, be sufficient for the purposes for which petrol is required by that person.
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Returns, &c, by vendors and suppliers.
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13.
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(1) Every vendor shall furnish to the Controller such returns and other information as the Controller may from time to time require relating to the quantity of petrol in his possession and to the sale or delivery of petrol to approved consumers and other persons and to the coupons surrendered to him for the purpose of such sale or delivery.
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(2) Every supplier-
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(a) shall, before the expiry of a period of five days from the appointed date, furnish to the Controller a statement setting out the name of every vendor to whom petrol is sold or delivered by the supplier for the purpose of sale otherwise than at a service station, and the address of the depot at which petrol is sold by that vendor ;
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(b) shall furnish to the Controller such returns and other information as the Controller may require relating to the stocks of petrol in his possession or under his control or expected to arrive in Ceylon, and to the sale or delivery of petrol to vendors and other persons.
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Power of Controller to prohibit or regulate supplies to vendors.
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13A. The Controller shall have power-
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(a) to issue directions to suppliers as to the quantities of petrol that may be supplied or delivered to vendors and the time at which deliveries of such quantities may be made ; and
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(b) by order under his hand served on any supplier, to prohibit the supply of petrol to any vendor or to any specified retail depot of any vendor, during the continuance in force of this Ordinance or for any shorter period specified by the Controller in the order.
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No appeal shall lie against any directions or order of the Controller under this section.
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Restrictions as to sale, &c., of petrol by suppliers.
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14. On and after the date fixed by Order under section 4-
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(1) no supplier shall sell or deliver any petrol to any vendor, or to any retail depot of any vendor, in contravention of an order served under section 13A on such supplier ;
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(2) no supplier shall supply any petrol to any vendor during any period if the Controller has by order under his hand prohibited the supply of such petrol to that vendor during that period;
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(3) no supplier shall sell or deliver any quantity of petrol of any description to any person other than a vendor except upon production and surrender, by or on behalf of that person, of a special permit or of an order authorizing that person to purchase or obtain that quantity of such petrol direct from a supplier.
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Powers of search, &c.
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15. It shall be lawful for any authorized officer-
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(a) to search any premises, vehicle, vessel of aircraft in which any petrol is stored or suspected to be stored, for the purpose of ascertaining the quantity of petrol stored therein ;
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(b) to inspect and test any measuring instrument at any retail depot for the purpose of ascertaining whether the instrument is false.
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Possession of forged, invalid or cancelled coupons, &c.
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15A
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(1) Any person who has any forged coupon in his possession or tenders any forged coupon for the purpose of obtaining petrol, shall be guilty of an offence, unless he proves to the satisfaction of the court-
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(a) that the coupon was attached to a permit issued to him by the Controller, or by any other officer or person acting on behalf of the Controller, or by any person purporting to act and reasonably believed to have been acting on behalf of the Controller at the place at which permits are ordinarily issued to him ; or
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(b) that the coupon was delivered to him by some other person, of whom he was the agent or servant, for the purpose of enabling him to obtain petrol from a vendor on behalf of such other person ; or
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(c) that, at the time of the commission of the alleged offence, he was a vendor, and the coupon was detached from a permit in accordance with the provisions of section 10 upon the sale or delivery of petrol to any person at a retail depot of such vendor, and the coupon could not reasonably have been suspected to be a forged coupon; or
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(d) that, at the time of the commission of the alleged offence, he was a supplier or the agent or servant of a supplier and the coupon was transmitted to him by a vendor in accordance with the provisions of section 11.
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(2) Any person who-
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(a) has in his possession a coupon that has been surrendered to the vendor in respect of a retail depot for the purpose of obtaining petrol, or tenders any invalid coupon for the purpose of obtaining petrol, or
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(b) has in his possession, or tenders for the purpose of obtaining petrol, any coupon that has been cancelled by means of any perforation made by or under the direction of the Controller,
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shall be guilty of an offence:
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Provided, however, that no person shall be deemed to be guilty of an offence by reason only of the possession of any coupon referred to in paragraph (a) of this subsection if he proves to the satisfaction of the court-
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(i) that, at the time of the commission of the alleged offence, he was a vendor or the agent or servant of a vendor and the coupon was detached from a permit in accordance with the provisions of section 10 and was in his possession in his capacity as such vendor, agent or servant, or
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(ii) that, at the time of the commission of the alleged offence, he was a supplier or the agent or servant of a supplier and the coupon had been transmitted to such supplier in accordance with the provisions of section 11 and was in his possession in his capacity as such supplier, agent or servant.
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Possession, &c, of instruments for forging coupons.
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15B
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(1) Any person who makes or counterfeits, or has in his possession, any plate, die or stamp or other instrument or material used or capable of being used for forging permits or coupons shall be guilty of an offence.
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(2) A prosecution for an offence under subsection (1) shall not be instituted except by, or with the sanction of, the Attorney-General.
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Seizure of forged coupons, &c.
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15C.
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(1) It shall be lawful for any police officer of a rank not below that of Sergeant in charge of a police station to seize any permits or coupons which he has reasonable grounds to believe to be forged permits or forged coupons.
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(2) If any police officer of a rank not below that of Assistant Superintendent has reasonable grounds for suspicion that any forged permits or forged coupons or any instruments or materials used for forging permits or coupons are concealed, kept or deposited in any place and is satisfied that it is expedient that such place should be searched for the purpose of seizing such permits, coupons, instruments or materials and that by reason of urgency or other good cause it is impracticable to apply for a search warrant under the Criminal Procedure Code, such officer may, after recording the grounds of his suspicion-
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Cap. 20.
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(a) enter and search such place and seize any permits, coupons, instruments or materials found therein and reasonably believed to be forged permits or forged coupons or to be used for forging permits or coupons ; or
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(b) by written order authorize any other police officer to exercise the powers referred to in paragraph (a) of this subsection.
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(3) All documents or articles seized under subsection (1) or subsection (2), together with a list of such articles, shall be taken forthwith before the Magistrate’s Court having jurisdiction in the place of seizure and shall be dealt with in such manner as the court may by order direct.
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Offences by corporations and firms.
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15D. Where any offence under this Ordinance is committed by a body of persons, then-
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(a) if the body of persons is a body corporate, every director and officer of that body corporate shall be deemed to be guilty of such offence, and
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(b) if the body of persons is a firm, every partner of that firm shall be deemed to be guilty of such offence :
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Provided, however, that no such director, officer or partner shall be deemed to be guilty of such offence, if he proves that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
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16.
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(1) Any person who acts in contravention of any provision of this Ordinance shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand five hundred rupees or to imprisonment of either description for a period not exceeding six months, or to both such fine and such imprisonment.
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(c) having obtained a permit upon the representation that the petrol to be purchased or acquired thereunder is required for any specified purpose, uses such petrol for any other purpose,”.
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(2) Any person who-
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(a) resists or obstructs the Controller or any authorized officer in the exercise of the powers conferred by this Ordinance ; or
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(b) fails or refuses to maintain any register or record required by or under this Ordinance to be maintained by him, or to produce to the Controller for inspection any such register or record on being ordered by the Controller to do so, or to furnish any return required by or under this Ordinance to be furnished by him or makes in any such register or record or in any application or return an entry which is to his knowledge false or incorrect; or ” ; and
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shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a period not exceeding three months, or to both such fine and such imprisonment.
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(3) Any person who acts in contravention of any regulation made under this Ordinance shall be guilty of an offence and shall be liable to a fine not exceeding one hundred rupees.
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(4)
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(a) Where any measuring instrument kept or maintained at any retail depot is found at any time upon inspection under section 15 to be false, the person for the time being in charge of the retail depot shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding three months, or to both such fine and imprisonment.
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(b) For the purposes of paragraph (a), a measuring instrument shall be deemed to be false if it does not deliver correctly within such limits of error as may be prescribed by regulation.
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Restrictions as to actions against suppliers or vendors.
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17. No civil action shall be instituted or maintained against any supplier or vendor for any act done or omitted to be done by that supplier or vendor, if such act was done or omitted to be done, as the case may be, for the purpose of complying with any of the provisions of this Ordinance.
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Application of Control of Prices Act.
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18. For the avoidance of doubts, it is hereby declared that petrol is an article of merchandise within the meaning of section 11 of the Control of Prices Act.
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Supplies for Her Majesty’s forces.
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19.
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(1)
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(a) The Controller may from time to time by order under his hand authorize any supplier or vendor to sell or deliver during any period any quantity of petrol not exceeding such maximum quantity as may be specified in the order for the use of any of Her -Majesty’s forces.
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(b) Nothing in this Ordinance shall apply in relation to the times at which, or the manner in which, or the persons to whom, petrol is sold or delivered by any supplier or vendor under the authority of an order under paragraph (a).
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(2) Notwithstanding anything contained in this Ordinance it shall be lawful for any vendor to sell or deliver any quantity of petrol to any member of Her Majesty’s forces or to the person in charge of any vehicle, vessel or aircraft which is for the time being used in the service of Her Majesty’s forces, upon surrender by such member or person of a special permit issued by the Controller authorizing the supply of that quantity of petrol for the use of Her Majesty’s forces.
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(3) Nothing in this Ordinance shall apply to the possession of petrol by or on behalf of any of Her Majesty’s forces, or to the use of any such petrol for the purposes of Her Majesty’s forces.
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(4) In this section, ” Her Majesty’s forces” includes-
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(a) any of Her Majesty’s regular naval, military or air forces; and
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(b) any corps, or portion thereof, of the Ceylon Army constituted under the Army Act, while that corps or portion thereof is on active service within the meaning of that Act; and
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(c) the Volunteer Naval Force or any portion thereof, constituted under the Navy Act, while that force or portion thereof is on actual service within the meaning of that Act and the regulations made thereunder.
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20.
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(1) The Minister1 may make all such regulations as may be necessary for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.
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(1A) In particular and without prejudice to the generality of the powers conferred by subsection (1) the Minister may make regulations for or in respect of all or any of the following matters:-
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(a) all matters stated or required in this Ordinance to be prescribed ;
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(b) the registers or records that should be maintained by any person for the purposes of this Ordinance.
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(2) Every regulation shall be published in the Gazette and shall come into operation upon such publication.
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(3) Every regulation shall be brought before the Senate and the House of Representatives1 within a period of one month from the date of the publication ( of that regulation under subsection (2), or if no meeting of the Senate or the House of Representatives1 is held within that period, at the first meeting of the Senate or the House of Representatives[l] after the expiry of that period, by a motion that such regulation be approved.
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(4) Any regulation which the Senate or the House of Representatives1 refuses to approve shall be deemed to be rescinded, but without prejudice to the validity of anything previously done thereunder or to the making of a new regulation. The date on which a regulation shall be deemed to be rescinded shall be the date on which the Senate or the House of Representatives1 re-fuses to approve the regulation. Notification of such date shall be published in the Gazette.
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(5) Any regulation which is approved by the Senate and the House of Representatives1 shall be deemed to be as valid and effectual as if it were herein enacted. Notification of such approval shall be published in the Gazette.
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21.
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(1)In this Ordinance unless the context otherwise requires-
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” appointed date ” means the 1st day of September, 1941;
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” approved consumer ” means a person approved as a consumer of petrol under this Ordinance ;
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” authorized officer ” means any police officer not be- low the rank of Inspector and includes any other person acting under the written authority of the Controller ;
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” Controller ” means the person for the time being appointed under section 3 to be or to act as Petrol Controller ;
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” measuring instrument” includes any vessel, pump or other device used or maintained for the measurement of petrol for sale ;
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” permit” means a permit issued by the Controller under this Ordinance ;
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” petrol ” means petroleum motor spirit, and includes automotive gas oil and petroleum spirit commonly known as aviation spirit;
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” plant or machinery ” includes any lamp, stove or other device used for the purpose of lighting or cooking;
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” regulation ” means a regulation made under section 20 by the Minister ;
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” retail depot ” means a service station, and includes any other premises at which petrol is sold by a vendor;
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” service station ” has the same meaning as in the Petroleum Service Station Rules, 1937, published in Gazette No. 8,275 of 5th March, 1937 ;
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” supplier ” means any company, firm or individual having possession of petrol wholly or mainly for the purpose of the sale or supply thereof to vendors ;
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” vehicle ” means a motor vehicle as defined in the Motor Traffic Act;’
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” vendor ” means any person to whom petrol is sold or delivered by a supplier for the purposes of sale by retail, and includes the person for the time being in charge of any retail depot.
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Savings.
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22. The provisions of this Ordinance shall be in addition to and not in substitution or derogation of the provisions of the Petroleum Ordinance.
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Schedules
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