Petroleum Act, 1934
4. Rules for the import, transport and storage of
petroleum
(a) prescribing places where petroleum may be imported and
prohibiting its import elsewhere;
(b) regulating the import of petroleum;
(c) prescribing the periods within which licenses for the import
of 12[petroleum Class A] shall be applied for, and providing for the disposal,
by confiscation or otherwise, of any 12[petroleum Class A] in respect of which
a license has not been applied for within the prescribed period or has been
refused and which has not been exported;
(d) regulating the transport of petroleum;
(e) specifying the nature and condition of all receptacles and
pipe-lines in which petroleum may be transported;
(f) regulating the places at which and prescribing the
conditions subject to which petroleum may be stored;
(g) specifying the nature, situation and condition of all
receptacles in which petroleum may be stored;
(h) prescribing the form and conditions of licenses for the
import of 12[Petroleum Class A], and for the transport or storage of any
petroleum, the manner in which application for such license shall be made, the
authorities which may grant such licenses and the fees which may be charged for
such licenses;
(i) determining in any class of cases whether a license for the
transport of petroleum shall be obtained by the consignor, consignee or
carrier;
(j) providing for the granting of combined licenses for the
import, transport and storage of petroleum, or for any two of such
purposes;
(k) prescribing the proportion in which any specified poisonous
substance may be added to petroleum, and prohibiting the import, transport or
storage of petroleum in which the proportion of any specified poisonous
substance exceeds the prescribed proportion; and
(l) generally, providing for any matter which in 13[its] opinion
is expedient for proper control over the import, transport and storage of petroleum
14[including the charging of fees for any services rendered in connection with
the import, transport and storage of petroleum.]
Comment: On a reading of sub-rule (1) of R. 151 it is.
clear that a 'No objection Certificate' granted under R. 144 can be cancelled
wherever the licensee ceases to have any right to use the site for storing
petrol and that right could be lost by a licensee either by his tenancy or
right to the use of the site coming to an end or for any other reason whereby,
in law, the right to use the site for storing ceases. Yogesh Kumar v. M/s.
Bharat Petroleum Corpn. Ltd., AIR 1990 SUPREME COURT 2216