PETROLEUM PRODUCTS (SPECIAL PROVISIONS) ACT
Arrangement of Sections
1. Short title.
2. Powers of Ceylon Petroleum Corporation not derogated from.
3. Appointment of a Committee to exercise, perform and discharge the powers, duties and functions under this Act.
3A. Committee deemed to be a scheduled institution within the meaning of the Bribery Act.
4. Certain provisions of the Ceylon Petroleum Corporation Act, not to apply to the energy supply of Committee.
5. Grant of License to import-export petroleum.
6. Granting of a licence for distribution of petroleum.
7. Regulations.
8. Sinhala text to prevail in case of inconsistency.
9. Interpretation.
33 of 2002,
27 of 2022.
AN ACT to provide for an alternative for the import export, sale, supply and distribution of petroleum; to vest certain powers in the Committee appointed by the Cabinet of Ministers; and to provide for the matters connected therewith or incidental thereto.
[Long title am by s 2 of Act 27 of 2022.]
[Date of Commencement: 17th December, 2002]
1. Short title.
This Act may be tiled as the Petroleum Products (Special Provisions) Act.
2. Powers of Ceylon Petroleum Corporation not derogated from.
The provisions of this Act shall operate in addition to the and not in derogation of the powers vested in the Ceylon Petroleum Corporation.
3. Appointment of a Committee to exercise, perform and discharge the powers, duties and functions under this Act.
(1) There shall be a Committee appointed by the Cabinet of Ministers (hereinafter referred to as the “Committee”), subject to the succeeding provisions of this section to exercise, perform and discharge the powers, duties and functions hereinafter set out.
(2) The Committee shall consist of the following—
(a) ex-officio members—
(i) the Secretary to the Ministry of the Minister assigned the subject of Petroleum, who shall be the Chairman of the Committee;
(ii) the Secretary to the Treasury or his nominee not below the rank of Director-General of the Treasury;
(iii) the Secretary to the Ministry of the Minister
assigned the subject of Economic Policy Development;
(iv) the Secretary to the Ministry of the Minister assigned the subject of Investment Promotion;
(b) the Chairman or Managing-Director of the Ceylon Petroleum Corporation, established under Ceylon Petroleum Corporation Act, No. 28 of 1961, nominated by the Minister;
(c) two members appointed from among persons who have achieved eminence in the field of petroleum industry or law.
(3) A member of the Committee appointed under paragraph (c) of subsection (2), shall hold office for the period of two years from the date of appointment unless such member resigns the office by letter addressed to the Cabinet of Ministers or, is removed from office by the Cabinet of Ministers, for reasons assigned.
(4) The quorum for any meeting of the Committee shall be five members and the Committee may regulate the procedure, in regard to the meetings of the Committee and the transaction of business at such meetings.
[S 3 subs by s 4 of Act 27 of 2022.]
3A. Committee deemed to be a scheduled institution within the meaning of the Bribery Act.
The Committee shall be deemed to be a scheduled institution within the meaning of the Bribery Act (Chapter 26) and the provisions of that Act shall be construed accordingly.
[S 3A ins by s 5 of Act 27 of 2022.]
4. Certain provisions of the Ceylon Petroleum Corporation Act, not to apply to the energy supply of Committee.
Notwithstanding anything contained in the provisions of section 5K of the Ceylon Petroleum Corporation Act the provisions of sections 5B, 5C, 5E, 5F, 5G, 5I and 5J of that Act shall not apply in respect of the powers conferred on or assigned to the Energy Supply Committee by the succeeding provisions of this Act.
5. Grant of License to import-export petroleum.
(1) The Minister may. taking into consideration the requirements of the petroleum sector and the interests of the national economy, on the recommendation of the Energy Supply Committee, grant a licence to any person or body of persons, to import, export, sell, supply or distribute petroleum.
(2) The grant of a licence in terms of subsection (1) shall be subject to such conditions as may be prescribed by the Minister on the advice of the Energy Supply Committee for the purpose of ensuring that the import, export, sale, supply or distribution of petroleum would be properly regulated.
(3) The total number of licences issued in terms of this section shall not in the first instance exceed three:
Provided however, that where it appears to the Energy Supply Committee that it is in the interest of the national, economy and the needs of the consumers to increase the number of licences granted under this section, it may recommend to the Minister that additional licences be granted to such number of persons as may be necessary taking into consideration the interest of that sector. The Minister may taking into consideration all the related circumstances, increase the number of licences to be granted.
(4) The Ceylon Petroleum Corporation shall be deemed to be a licensee for the purposes of this Act and the provisions of this Act shall accordingly be read and construed as being applicable to such Corporation.
6. Granting of a licence for distribution of petroleum.
(1) In granting a licence for the distribution of petroleum in terms of section 5, the Minister shall consult the Minister in charge of the subject of Economic Reforms in order to ascertain the viability of engaging, on the premises used for such distribution, in any prescribed activity.
[S 6(1) am by s 6 of Act 27 of 2022.]
(2) Prescribed activity shall be such activities as may from time to time, be prescribed by regulation. The special conditions, which will govern the prescribed activities, shall also be prescribed.
(3) The licence granted for the distribution of petroleum in terms of this Act, shall contain in addition to the other conditions applicable to a licence for distribution, special conditions which will govern the activities connected with the distribution and such other prescribed activity.
(4) The prescribed activity shall he carried out in accordance with the requirements specified in any written law for the time being in force in relation to construction, planning and safely.
7. Regulations.
(1) The Minister may make regulations for the purpose of carrying out and giving effect to the principles and provisions of this Act.
(2) Every regulation made by the Minister under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.
(3) Every regulation made by the Minister under subsection (1) shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice So anything previously done thereunder.
(4) Notification of the date of which a regulation is deemed to be rescinded shall be published in the Gazette.
8. Sinhala text to prevail in case of inconsistency.
In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
9. Interpretation.
In this Act, unless the context otherwise requires—
“Ceylon Petroleum Corporation” means the Ceylon Petroleum Corporation established in terms of the provisions of section 2 of the Ceylon Petroleum Corporation Act, No. 28 of 1961;
...
[“Energy Supply Committee” rep by s 7(2) of Act 27 of 2022.]
“Minister” means, the Minister assigned the subject and functions relating to this Act under Article 44 or 45 of the Constitution.
[Ins by s 7(1) of Act 27 of 2022.]