MISCELLANEOUSCentral
Section 61 of The Petroleum and Natural Gas Regulatory Board Act, 2006
- (1)The Board may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
- (a)the time and places of meetings of the Board and the procedure (including quorum necessary for the transaction of business) to be followed at such meetings under sub-section (1) of section 8;
- (b)the powers and duties of the Secretary under sub-section (1) of section 10;
- (c)the terms and conditions of the consultants appointed under sub-section (4) of section 10;
- (d)the capacity of storage facilities for petroleum, petroleum products or natural gas requiring registration under sub-clause (iii) of clause (b) of section 11;
- (e)regulating open access to and transportation rate for the common carrier or contract carrier or city or local natural gas distribution network and other matters referred to in clause (e) of section 11;
- (f)marketing service obligations for entities and retail service obligations for retail outlets under sub-clause (v) of clause (f) of section 11;
- (g)levy of fees and other charges under clause (g) of section 11;
- (h)the technical standards and specifications including safety standards in activities relating to petroleum, petroleum products and natural gas under clause (i) of section 11;
- (i)the procedure to be followed by the Board including the places at which it shall conduct its business under sub-section (3) of section 13;
- (j)the manner of maintaining the Petroleum and Natural Gas Register under sub-section (1) of section 14;
- (k)the form and manner of making application for obtaining certified copy of any entry in the register and the fee which shall accompany such application, under sub-section (4) of section 14;
- (l)the form and manner in which an application under sub-section (1) of section 15 shall be made and the fee which shall accompany such application under sub-section (2) of section 15;
- (m)the manner by which a certificate of registration granted under sub-section (3) of section 15 may be suspended or cancelled under sub-section (4) of section 15;
- (n)the form and manner in which an application under sub-section (1) or sub-section (2) of section 17 shall be made and the fee which shall accompany such application under sub-section (3) of section 17;
- (o)the form and manner in which publicity of acceptance of applications for registration shall be made under section 18;
- (p)the manner of selection of an entity under sub-section (2) of section 19;
- (q)the principles for determining the number of years for which a city or local natural gas distribution network shall be excluded from the purview of a common carrier or contract carrier under sub-section (4) of section 20;
- (r)the guiding principles to be followed by the Board and the objectives for declaring, or authorising to lay, build, operate or expand a common carrier or contract carrier for declaring, or authorising to lay, build, operate or expand a city or local natural gas distribution network, under sub-section (5) of section 20;
- (s)the affiliate code of conduct under which the entities are required to comply with under the proviso to sub-section (1) of section 21;
- (t)the transportation tariffs for common carriers or contract carriers or city or local natural gas distribution network and the manner of determining such tariffs under sub-section (1) of section 22;
- (u)the form in which a complaint may be made and the fee which shall accompany such complaint, under sub-section (2) of section 25;
- (v)the manner of holding an investigation by an Investigating Officer under sub-section (1) of section 26;
- (w)the qualifications and experience which any person for appointment as an Investigating Officer shall possess, under sub-section (2) of section 26;
- (x)the form and manner of maintaining data bank and information system by the Board under sub-section (1) of section 51;
- (y)maintenance of documentary records by an entity, under clause (a) of sub-section (1) of section 52;
- (z)any other type of documents which are to be registered with the Board under sub-clause (ii) of clause (d) of sub-section (1) of section 52;
- (za)any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be or may be made by regulations.
Summary
- The Petroleum and Natural Gas Regulatory Board has the authority to create its own regulations to carry out the purposes of the Act, provided they do not conflict with the Act itself or rules made by the government.
- The Board can use these regulations to set the rules for its own internal operations, such as where and when it meets, and how many members must be present to make decisions.
- It can set the working conditions and terms for any consultants it hires, as well as define the specific powers and duties of its Secretary.
- The Board uses regulations to establish the technical and safety standards for the petroleum industry, determine transportation tariffs, and define marketing obligations for companies.
- Regulations are also used to set out the exact forms, processes, and fees for companies applying for registration or authorization, and for everyday people filing complaints.
Practical examples
1In May 2028, the Board decides it needs to hire a group of external economic advisors. They publish a new regulation that outlines exactly how long the consultants' contracts will last and what their duties will be.
2A new company wants to build a pipeline in Gujarat. When they look up how to apply for authorization, they find a specific form and fee structure that the Board established through its regulations in 2027.
FAQ
1. Can the Board make regulations about anything it wants?
No, its regulations must be consistent with the main Act and any rules created by the Central Government.
2. Does the Board decide its own meeting schedule?
Yes, the Board has the power to make regulations that dictate the times, places, and procedures for its meetings.
3. Who decides the safety standards for pipelines?
The Board is responsible for laying down the technical standards and safety specifications through its regulations.
4. How are the fees for filing a complaint decided?
The Board determines the exact form required and the fee that must accompany a complaint by passing a regulation.
Test yourself
Q1.Under Section 61 of The Petroleum and Natural Gas Regulatory Board Act, 2006, what is a primary legal requirement for any regulation made by the Board?
Q2.Under Section 61 of The Petroleum and Natural Gas Regulatory Board Act, 2006, the Board can make regulations regarding its meetings as detailed in Section 8. Which specific detail about these meetings can the Board regulate?
Q3.Under Section 61 of The Petroleum and Natural Gas Regulatory Board Act, 2006, the Board determines regulations for certain roles mentioned in Section 10. Which specific group's terms and conditions can the Board set through these regulations?
Q4.Section 11 of The Petroleum and Natural Gas Regulatory Board Act, 2006 requires entities to register if they establish storage facilities exceeding a certain capacity. Under Section 61, how is that specific capacity limit determined?
Q5.Which of the following is something the Board can explicitly regulate under Section 61 of The Petroleum and Natural Gas Regulatory Board Act, 2006?