Page 799 - The Central Motor Vehicles Rules, 1989
P. 799

THE LIQUEFIED PETROLEUM GAS.....ORDER, 2001           771

                                 to securing due compliance with the provisions of this Order, or for the purpose of
                                 satisfying himself that this Order or any other Order made thereunder has been
                                 complied with—
                                        (a) enter and search any place or premises being made use of or suspected to
                                            be made by use by a dealer, parallel marketeer, transporter, consumer or
                                            any other person who is an employee or agent of such dealer or transporter
                                            or consumer or parallel marketeer or any other person, with respect to
                                            which there is reason to believe that the provisions of this Order have been
                                            or are being or are about to be contravened;
                                        (b) stop and search any vessel or vehicle or receptacle used or capable of being
                                            used for the transport or storage of auto LPG;
                                        (c) inspect any book of accounts or other documents or any stock of the product
                                            used or suspected to be used in the business of the dealer, parallel marketeer,
                                            transporter, consumer or any other person suspected to be an employee or
                                            agent of the dealer, transporter, parallel marketeer or consumer;
                                        (d) seize stocks of the products which he has reason to believe has been or is
                                            being or is about to be used in contravention of this Order and take or
                                            authorise the taking of all measures necessary for securing the production
                                            of stocks or items so seized before the Collector having jurisdiction under
                                            the provisions of the Essential Commodities Act, 1955 (10 of 1955) and for
                                            their safe custody pending such production;
                                        (e) while exercising the power of seizure under item (d) of sub-paragraph (1),
                                            the authorised officer shall record in writing, the reasons for doing so, a
                                            copy of which shall be given to the dealer, parallel marketeer, transporter,
                                            consumer or any other concerned person.
                                      (2) The Sales Officer of a Government Oil Company shall be authorized, to secure
                                 compliance of  this Order,  by the auto LPG  dispensing dealers  appointed  by the
                                 Government Oil Companies.
                                      (3) The provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974),
                                 relating to search and seizure shall, as far as may be, apply to searches and seizures
                                 under this Order.
                                 10.  Overriding effect of the Order
                                      The provisions of this Order shall have overriding effect notwithstanding anything
                                 contained in any other Order made by a State Government or a Union Territory
                                 Administration.
                                 11.  Power to exempt
                                      The Central Government may, if it considers necessary, for avoiding any hardship
                                 or in consideration of public interest, by notification in the Official Gazette, exempt any
                                 person or class of persons from all or any of the provisions of this Order, either generally
                                 or for any specific purpose, subject to such conditions as may be specified in the
                                 notification.
                                 12.  Repeal and savings
                                      The Liquefied Petroleum Gas (Restriction on Use) Order, 1974, is hereby repealed:
                                      PROVIDED that such repeal shall not effect—
                                        (a) the previous operations of the said Order or anything duly done or suffered
                                            therein; or
                                        (b) any right, privilege, obligation or liability acquired, accrued or incurred
                                            under the said Order; or
   794   795   796   797   798   799   800   801   802   803   804