Section 11 in The Petroleum and Natural Gas Regulatory Board Act, 2006
Title: Functions of the Board
The Board shall—
(a) protect the interest of consumers by fostering fair trade and competition amongst the entities;
(b) register entities to—
(i) market notified petroleum and petroleum products and, subject to the contractual obligations of the Central Government, natural gas;
(ii) establish and operate liquefied natural gas terminals;
(iii) establish storage facilities for petroleum, petroleum products or natural gas exceeding such capacity as may be specified by regulations;
(c) authorise entities to—
(i) lay, build, operate or expand a common carrier or contract carrier;
(ii) lay, build, operate or expand city or local natural gas distribution network;
(d) declare pipelines as common carrier or contract carrier;
(e) regulate, by regulations,--
(i) access to common carrier or contract carrier so as to ensure fair trade and competition amongst entities and for that purpose specify pipeline access code;
(ii) transportation rates for common carrier or contract carrier;
(iii) access to city or local natural gas distribution network so as to ensure fair trade and competition amongst entities as per pipeline access code;
(f) in respect of notified petroleum, petroleum products and natural gas—
(i) ensure adequate availability;
(ii) ensure display of information about the maximum retail prices fixed by the entity for consumers at retail outlets;
(iii) monitor prices and take corrective measures to prevent restrictive trade practice by the entities;
(iv) secure equitable distribution for petroleum and petroleum products;
(v) provide, by regulations, and enforce, retail service obligations for retail outlets and marketing service obligations for entities;
(vi) monitor transportation rates and take corrective action to prevent restrictive trade practice by the entities;
(g) levy fees and other charges as determined by regulations;
(h) maintain a data bank of information on activities relating to petroleum, petroleum products and natural gas;
(i) lay down, by regulations, the technical standards and specifications including safety standards in activities relating to petroleum, petroleum products and natural gas, including the construction and operation of pipeline and infrastructure projects related to downstream petroleum and natural gas sector;
(j) perform such other functions as may be entrusted to it by the Central Government to carry out the provisions of this Act.
Title: Powers regarding complaints and resolution of disputes by the Board
(1) The Board shall have jurisdiction to—
(a) adjudicate upon and decide any dispute or matter arising amongst entities or between an entity and any other person on issues relating to refining, processing, storage, transportation, distribution, marketing and sale of petroleum, petroleum products and natural gas according to the provisions of Chapter V, unless the parties have agreed for arbitration;
(b) receive any complaint from any person and conduct any inquiry and investigation connected with the activities relating to petroleum, petroleum products and natural gas on contravention of—
(i) retail service obligations;
(ii) marketing service obligations;
(iii) display of retail price at retail outlets;
(iv) terms and conditions subject to which a pipeline has been declared as common carrier or contract carrier or access for other entities was allowed to a city or local natural gas distribution network, or authorisation has been granted to an entity for laying, building, expanding or operating a pipeline as common carrier or contract carrier or authorisation has been granted to an entity for laying, building, expanding or operating a city or local natural gas distribution network;
(v) any other provision of this Act or the rules or the regulations or orders made thereunder.
(2) While deciding a complaint under sub-section (1), the Board may pass such orders and issue such directions as it deems fit or refer the matter for investigation according to the provisions of Chapter V.
Title: Procedure of the Board
(1) The Board shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document, from any office and production of such documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) dismissing an application for default or deciding it, ex parte;
(f) setting aside any order of dismissal of any application for default or any order passed by it, ex parte;
(g) granting interim relief;
(h) reviewing its decision; and
(i) any other matter which may be prescribed.
(2) Every proceeding before the Board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Board shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) The Board shall be guided by the principles of natural justice and subject to other provisions of this Act and of any rules made thereunder, shall have powers to regulate its own procedure including the places at which it shall conduct its business.
(1) For the purposes of this Act, a register to be called the Petroleum and Natural Gas Register shall be kept at the head office of the Board containing such details of entities—
(a) registered for—
(i) marketing notified petroleum, petroleum products or natural gas, or
(ii) establishing and operating liquefied natural gas terminals, or
(iii) establishing storage facilities for petroleum, petroleum products or natural gas exceeding such capacity as may be specified by regulations, or
(b) authorised for—
(i) laying, building, operating or expanding a common carrier, or
(ii) laying, building, operating or expanding a city or local natural gas distribution network, as may be provided by the Board by regulations.
(2) A copy of any entry in the register purporting to be maintained by the Board and certified as such by an officer authorised by the Board, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original.
(3) The register shall be open to public inspection at the head office of the Board.
(4) Any person may, on application to the Board, and on payment of such fee as may be determined by the Board, by regulations, obtain a certified copy of any entry in the register.
Title: Registration of entities
(1) Every entity desirous of—
(a) marketing any notified petroleum or petroleum products or natural gas; or
(b) establishing or operating a liquefied natural gas terminal; or
(c) establishing storage facilities for petroleum, petroleum products or natural gas exceeding such capacity as may be specified by regulations,
and fulfilling the eligibility conditions as may be prescribed shall make an application to the Board for its registration under this Act:
Provided that no registration under this Act shall be required for any entity carrying on any activity referred to in clause (a) or clause (b) or clause (c) immediately before the appointed day but shall inform the Board about such activity within six months from the appointed day.
(2) Every application for registration under sub-section (1) shall be made in such form and in such manner and shall be accompanied by such fee as may be determined by the Board by regulations.
(3) The Board may, after making such enquiry and subject to such terms and conditions as it may specify, grant a certificate of registration to the entity allowing to commence and carry on the activity referred to in clause (a) or clause (b) or clause (c), as the case may be, of sub-section (1).
(4) The Board may, by order, suspend or cancel a certificate of registration granted under sub-section (3) in such manner as may be determined by regulations:
Provided that no order under this sub-section shall be made unless the entity concerned has been given a reasonable opportunity of being heard.