Page 797 - The Central Motor Vehicles Rules, 1989
P. 797

THE LIQUEFIED PETROLEUM GAS.....ORDER, 2001           769

                                        (ii) prominently  display the written  permission obtained  for keeping the
                                            premises, storage points, including the auto LPG dispensing station, closed
                                            during working hours on any day at a conspicuous place of the auto LPG
                                            dispensing station.
                                      Explanation : For the purpose of sub-paragraphs (2), (3) and (4), the expression
                                 ‘working hours’ means the working hours fixed by the concerned Government Oil
                                 Company or a parallel marketeer in accordance with the provisions of the Shops and
                                 Establishment Act, and the rules made thereunder, as in force in the respective State or
                                 Union Territory, as the case may be.]
                                      (5) Every auto LPG dispensing station dealer shall take steps to ensure adequate
                                 availability of stocks of auto LPG at the auto LPG dispensing station at all times.
                                      (6) No auto LPG dispensing station dealer shall sell auto LPG at a price higher than
                                 that fixed by the Government Oil Company or a parallel marketeer, as the case may be.
                                 6.   Assessment and certification rating of parallel marketeers
                                        (1) (a) No parallel marketeer shall commence any activity, such as import
                                            (including  Auto LPG Import Substitution), transport, marketing,
                                            distribution, sale or any activity incidental thereto, relating to the business
                                            of auto LPG to be used as automotive fuel without obtaining a minimum of
                                            low risk rating certificate, on the basis of evaluation and rating for his
                                            capability, infrastructure network and readiness to carry out professed
                                            business and delivery of goods and services promised by him by an agency
                                            specified in Schedule I:
                                            PROVIDED that a  parallel marketeer  carrying on the  business of
                                            transportation,  marketing,  distribution  or selling of auto LPG for
                                            automotive fuel, as an agent of  another parallel  marketeer,  who  has
                                            obtained a minimum of low risk rating certificate, shall not be required to
                                            obtain a rating certificate.
                                            Explanation : For the purpose of this sub-paragraph, a parallel marketeer
                                            shall be an agent of another parallel marketeer if the former is appointed as
                                            such, for the above purposes by the latter through a legal instrument.
                                            (b) The rating certificate shall be issued in the format as specified in Schedule
                                            II and as per the forwarding letter given in Schedule IV.
                                      (2) The rating certificate shall—
                                        (i) be valid for a period of two years in case of ’Good’ and ’Satisfactory’ rating
                                            and one year in case of other ratings from the date of its issue, and
                                        (ii) require renewal by the rating agency.
                                      (3) Every parallel marketeer announcing details of his activity or inviting offers of
                                 any kind in the field of import (including Auto LPG Import Substitution), transport,
                                 marketing, distribution or sale of auto LPG for automotive fuel, either in a newspaper,
                                 handout, pamphlet, leaflet or by any other means of communication or advertising shall
                                 indicate the  rating awarded to  him in  words, i.e., Good,  Satisfactory,  Low-Risk,
                                 High-Risk, whichever is applicable, and prominently publish the rating certificate, as
                                 given by the rating agency.
                                      (4) There shall be paid in respect of every application to a rating agency—
                                        (i) for the rating certificate awarded to the parallel marketeer, a fee at the rate
                                            of 0.05% of the project cost, subject to a minimum of rupees fifty thousand
                                            and maximum of rupees ten lakhs;
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