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The Petroleum Act, 1934

( ACT NO. XXX OF 1934 )

এই আইন পেট্রোলিয়াম আইন, ২০১৬ (২০১৬ সনের ৩২ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

PENALTIES AND PROCEDURE

General penalty for offences under this Act
23.(1) Whoever-
 
 
(a) in contravention of any of the provisions of Chapter I or of any of the rules made thereunder, imports, transports, 1[stores, distributes] produces, 2[refines, blends or reclaims by recycling] blends any petroleum, or
 
 
(b) contravenes any rule made under section 4 or section 5, or
 
 
(c) being the holder of a licence issued under section 4 or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported 3[, stored or distributed] or is under transport, contravenes any condition of such licence or suffers any condition of such licence to be contravened, or
 
 
(d) being for the time in control or in charge of any place where petroleum is being imported, 4[stored,
 
 
distributed] produced, 5[refined, blended or reclaimed by recycling] or is under transport, refuses or neglects to show to any officer authorised under section 13 any receptacle, plant or appliance used in such place in connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during an inspection, or
 
 
(e) being for the time being in control or in charge of any place where petroleum is being imported, transported 6[stored, distributed], produced, 7[refined, blended or reclaimed by recycling] refuses or neglects to show to any officer authorised under section 14 any petroleum in such place, or to give him such assistance as he may require for the inspection of such petroleum or refuses to allow him to take samples of the petroleum, or
 
 
(f) being required, under section 27, to give information of an accident fails to give such information as so required by that section,
 
 
shall be punishable 8[with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both].
 
 
(2) If any person, having been convicted of an offence punishable under sub-section (1), is again guilty of any offence punishable under that sub-section, he shall be punishable for every such subsequent offence with 9[with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both].
Confiscation of petroleum and receptacles
24.(1) In any case in which an offence under clause (a) or clause (b) or clause (c) or sub-section (1) of section 23 has been committed, the convicting Magistrate may direct that
 
 
(a) the petroleum in respect of which the offence has been committed, or
 
 
(b) where the offender is convicted of importing, transporting 10[, storing or distributing] petroleum exceeding the quantity he is permitted to import, transport 11[, store or distribute] as the case may be, the whole of the petroleum in respect of which the offence was committed,
 
 
shall, together with the receptacles in which it is contained, be confiscated.
 
 
(2) This power may also be exercised by the 12[High Court Division] in the exercise of its appellate or revisional powers.
Jurisdiction
25. Offences punishable under this Act shall be triable, by a Magistrate of the first class, or by a Magistrate of the second class who has been specially empowered by the Government in this behalf.
Power of entry and search
26.(1) The Government may, by notification in the official Gazette, authorise any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, 13[stored, distributed],
 
 
produced, 14[refined, blended or reclaimed by recycling] otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed.
 
 
(2) The provisions of the Code of Criminal Procedure, 1898, relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section.
 
 
(3) The Government may make rules regulating the procedure of authorised officers in the exercise of their powers under this section subject, how ever, to the provisions of sub-section (2).
Reports of accidents with petroleum
27. Where any accident by explosion or fire, which is attended with loss of human life or serious injury to person or property, occurs as the result of the ignition of petroleum or petroleum vapour, or occurs in or near any place where petroleum is kept and under circumstances making it likely that it was the result of such ignition, the person for the time being in charge of the petroleum shall forthwith give information to the nearest Magistrate or to the officer in charge of the nearest police station 15[and to the Chief Inspector of Explosives in Bangladesh].
Report to be submitted to chief Inspector of explosives
16[28A. The officer authorised under sections 13, 14 and 26 shall furnish a copy of the report on the matter enquired into, or searched, by him in accordance with the provisions of these sections to the Chief Inspector of Explosives in Bangladesh.]
Inquiries into serious accidents with petroleum
28. (1) The inquiry mentioned in section 176 of the Code of Criminal Procedure, 1898, shall 17[* * *] be held in all cases where any person has been killed by an accident which the
 
 
Magistrate has reason to believe was the result of the ignition of petroleum or petroleum vapour.
 
 
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, not-withstanding that no person was killed thereby.
 
 
(3) 18[Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
 
 
(4) The result of all inquires held in pursuance of this section 19[* * *] shall be submitted as soon as may be to the Government, the Chief Inspector of Explosives in Bangladesh 20[* * *].

  • 1
    The words and comma "stores, distributes" were substituted, for the word "stores" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The words and comma "refines, blends or reclaims by recycling" were substituted, for the words "refines or blends" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
  • 3
    The comma and words ", stored or distributed" were substituted, for the words "or stored" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 4
    The words and comma "stored, distributed" were substituted, for the word "stored" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 5
    The words and comma "refined, blended or reclaimed by recycling" were substituted, for the words "refined or blended" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
  • 6
    The words and comma "stored, distributed" were substituted, for the word "stored" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 7
    The words and comma "refined, blended or reclaimed by recycling" were substituted, for the words "refined or blended" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
  • 8
    The words and commas "with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both" were substituted, for the words "with fine which may extend to five hundred Taka" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
  • 9
    The words and commas "with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both" were substituted, for the words "with fine which may extend to two thousand Taka" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
  • 10
    The comma and words ", storing or distributing" were substituted, for the words "or storing" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973).
  • 11
    The comma and words ", store or distribute" were substituted, for the words "or store" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973).
  • 12
    The words "High Court Division" were substituted, for the words "High Court" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 13
    The words and comma "stored, distributed" were substituted, for the words "stored" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 14
    The words and comma "refined, blended or reclaimed by recycling" were substituted, for the words "refined or blended" by section 15 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)
  • 15
    The words "and to the Chief Inspector of Explosives in Bangladesh" were inserted by section 16 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)
  • 16
    Section 28A was inserted by section 17 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)
  • 17
    The words, commas and figures "unless section 8 of the Coroners Act, 1871, is applicable to the circumstances" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 18
    The words, brackets and figure "and of any inquiry held by a coroner in a case to which sub-section (1) refers" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 19
    The words "and the Provincial Government" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 20
    Section 28A was inserted by section 17 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).
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Ministry of Law, Justice and Parliamentary Affairs