Section 23: General penalty for offences under this Act

23. General penalty for offences under this Act.__ (1) Whoever__ (a) in contravention of any of the provisions of Chapter I or of any of the rules made thereunder, imports, transports, stores, produces, refines or blends any petroleum, or (b) contravenes any rule made under section 4 or section 5, or 2[(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 or stored, 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 being in control or in charge of any place where petroleum is being imported, stored, produced, refined or blended 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, stored, produced, refined or blended, 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 with fine which may extend to 3[equal to licence fee or as determined by the Federal Government from time to time] rupees. 1Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table. 2Subs. by Act No. III of 1942, s. 2. 3Subs. by Act No. XLII of 2023, s.14. (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 fine which may extend to 1[two times licence fee or as determined by the Federal Government from time to time] rupees. 1[(3) whoever__ 2[(a) illegally imports, transports, stores, sales produce, refines or blends any petroleum shall be punishable with the fine of one million rupees; and (b) whoever repeats offence under clause (a), shall be liable to pay fine of five million rupees.] 2[(3A) Any facility used for storage and selling of petroleum products to general public, without having obtained prior license thereof from relevant authority in terms of rules made under section 4, shall be liable to sealing and ail machinery, equipment, materials, storage tanks, receptacles and petroleum products being employed or sold therein shall be liable to confiscation by the Deputy Commissioner or any officer authorized by him not below the rank of Assistant Commissioner, as the case may be and the owner thereof shall fine of ten million Rupees. (3B) Any facility selling petroleum products whose license for storage granted by the Department of Explosives in form K, under the rules made in terms of section 4, has either expired or cancelled shall be allowed a grace period of six months, from the date of expiry or cancellation of such license, to get the license renewed or restored under the applicable laws failing which such facility shall be liable to closure and all machinery, equipment, materials, storage tanks, receptacles and petroleum products being employed or sold therein shall be liable to confiscation by the Deputy Commissioner or any officer authorized by him not below the rank of Assistant Commissioner, as the case may be and the owner thereof fine of one million Rupees: Provided that the Department of Explosives shall renew the license within one month from the date of receipt of the application, required documents, and the prescribed fee. If the concerned officer fails to renew the license within the stipulated period, he shall record, in writing, the reasons for such delay: Provided further that an appeal against the refusal or failure to renew a license shall lie to the Secretary of the Petroleum Division. Appeal may be filed within thirty days from the date of the announcement of the decision of the officer concerned. (3C) Any premises or facility and it’s owner licensed in terms of rules made under section 4 that is found to be involved in the storage or sale of smuggled petroleum products shall be liable to closure and all machinery, equipment, materials, storage tanks and petroleum products being employed or sold therein shall be liable to confiscation by the Deputy Commissioner or any officer authorized by him not below the rank of Assistant Commissioner, as the case may be, and a fine of hundred million Rupees, and the Department of Explosives shall cancel the license of such premises or facility, as the case may be. 1Subs. by Act No. XLII of 2023, s.14. 2Subs. and ins. by Act No. XXVI of 2025, s.4. (3D) Any means of transportation involved in transporting smuggled petroleum products, and petroleum products contained therein, shall be confiscated by the appropriate officers as notified under clause (b) of section 2 of the Customs Act, 1969 (IV of 1969). (3E) Any goods confiscated by the Deputy Commissioner or any officer authorized by him not below the rank of Assistant Commissioner, as the case may be, shall be handed over to appropriate Officers of Customs in accordance with the provisions of the Customs Act, 1969 (IV of 1969) and the provisions of the said act shall mutatis mutandis apply to the detention, seizure, adjudication and confiscation of such goods.] (4) Where in any accident loss of human life or serious bodily injury to persons has occurred and the accident happens due to contravention of any of the provisions of this Act or of any of the rules made thereunder, offender shall be punishable with fine up to ten million rupees.]

Effective date: 1934-01-01

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