Name and signatures of the authorized signatory

Date and Place.

SCHEDULE I

PART E

[See Rule 23]

APPLICATION FOR GRANT OF LICENCE FOR CONSTRUCTION AND OPERATION OF NEW OIL PIPELINE

1.       Name of the company and address of its registered 

office____________________________________________

2.       Name of the Directors and their addresses, 

nationality:_______________________________________

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Estimated cost of the project:

                                                Cost     $ __________________

                                                Equity $ __________________

                                                Debt     $ __________________

4.       Financial due diligence certification _________________ 

(attach bank certificate)

5.       Proposed route of the oil pipeline ___________________ 

(To be shown on a map issued or certified by survey of Pakistan and drawn to an appropriate scale)

6.       Capacity of the proposed oil pipeline ________________

7.       Proposed construction / completion schedule: ________

8.       Name of the products to be transported _____________

9.       Economic feasibility alongwith details of per unit cost of transporting different products from terminal point to delivery point: ____________________________

10.     Details of terminals, storages, pumping stations and their location        

11.     Main design features of the pipeline including ancillary facilities alongwith specifications for the material                                                                                       

12.     Operating parameters of the pipeline _______________

13.     Throughput commitment with the users _____________

14.     Details of HSE arrangements to be adopted. _________

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE I

PART F

[See Rule 26(1)]

APPLICATION FOR GRANT OF LICENCE TO OPERATE EXISTING OR UNDER CONSTRUCTION OIL PIPELINE

1.       Name of the company and address of its registered 

office ____________________________________________

2.       Name of the Directors and their addresses, 

nationality, ______________________________________

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Year of commencement of construction ______________

5.       Year of commencement of operation ________________

6.       Pipeline when constructed and commissioned: _______

7.       Per unit cost of transporting different products from terminal point to delivery point   

8.       Route of the oil pipeline ___________________________ 

(To be shown on a map issued or certified by survey of Pakistan and drawn to an appropriate scale)

9.       Names of the products being transported ____________

10.     Details of terminals, storages, pumping stations and their location        

11.     Throughput commitment, if any_____________________

12.     Details of HSE arrangements _______________________

13.     Details of emergency response system _______________

14.     International certification for the operational 

activities ________________________________________

15.     Details of previous permission/terms and conditions applicable on the date of commencement of the OGRA Ordinance i.e. 28th March, 2002, and subsequent change, if any: (attach documents).

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE I

Part G

[See Rule 29]

APPLICATION PROFORMA FOR GRANT OF LICENCE FOR CONSTRUCTION OR OPERATION OF NEW OIL STORAGE

1.       Name of the company and address of its registered 

office____________________________________________

2.       Name of the Directors and their addresses, 

nationality, ______________________________________

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Estimated cost of the project:     in   Rs. million

                                          Equity              Rs. million

                                          Loan                Rs. million

5.       Details of storage facilities/ capacities in 000 tons indicating precise location and capacities province-wise including Northern/FATA area and AJK:– ___________

6.       Copy of Environmental Protection Agency (EPA) clearance (attach NOC)           

7.       Names of products to be stored _____________________

8.       Source of the product to be stored __________________ 

(attach documents)

9.       Conceptual engineering design of the storage facility and specifications of material       

10.     Economic or financial feasibility of the project alongwith details of per unit cost of storing the product:                                                                                       

11.     Proposed construction / completion schedule: ________

12.     Mode of transportation of the product _______________ 

(In/out of storage)

13.     Undertaking that the storage will not be used for purpose other than storage of petroleum products    

14.     Details of HSE arrangements to be adopted. _________

15.     Details of proposed emergency response system ______

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

 

SCHEDULE I

Part H

[See Rule 31(1)]

APPLICATION PROFORMA FOR GRANT OF LICENCE TO CONTINUE OPERATION OF EXISTING OIL STORAGE OR UNDER CONSTRUCTION

1.       Name of the company and address of its registered 

office ____________________________________________

2.       Name of the Directors and their addresses, nationality_

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Details of storage facilities/capacities in 000 tons indicating precise location and capacities province-wise including Northern area, FATA and AJK:– ___________

5.       Year of commencement of construction ______________

6.       Year of commencement of operation ________________

7.       Year of up gradation and details thereof _____________

8.       Names of products being stored ____________________

9.       Per unit cost of storing the product: _________________

10.     Mode of transportation of product __________________ 

(In/out of storage)

11.     Undertaking that the storage is not being used for purpose other than storage of petroleum products  

12.     Details of HSE arrangements  ______________________

13.     Details of emergency response system _______________

14.     International certification for the operational activities (if any)  

15.     Details of previous permission/terms and conditions applicable on the date of commencement of the OGRA Ordinance i.e. 28th March, 2002, and subsequent change, if any (attach documents)      

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE I

Part I

[See Rule 32(1)]

APPLICATION PROFORMA FOR GRANT OF LICENCE TO UNDERTAKE STORAGE OF OIL IN NON-OIL STORAGE

1.       Name of the company and address of its registered 

office____________________________________________

2.       Name of the Directors and their addresses, 

nationality_______________________________________

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Details of storage facilities/ capacities in 000 tons indicating precise location.    

5.       Copy of Environmental Protection Agency (EPA) clearance (attach NOC)           

6.       Explosive license No. and date (attach copy) __________

7.       Names of products to be stored _____________________

8.       Source of the product to be stored___________________ 

(attach documents)

9.       Mode of transportation of the product _______________ 

(In/out of storage)

10.     Details of HSE arrangements to be adopted. _________

11.     Details of emergency response system _______________

I hereby undertake that 1 shall provide such other information or documentation as the Authority, may from time to lime, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE I

Part J

[See Rule 34]

APPLICATION FOR GRANT OF LICENCE TO THE NEW OIL MARKETING COMPANY

Name of the Company

Address of the company

 

 

Name of the Directors

of the Company

Nationality

Share holding

1.

2.

3.

4.

5.

6.

 

 

ATTACHMENTS

PREREQUISITES OF THE COMPANY

Certificate of incorporation of the company under Companies Ordinance, 1984 (XLVII of 1984), provided that Articles of Association of the Company must indicate that the prospective company will not be affiliated in any manner with the existing oil marketing company operating in Pakistan.

Proof of the financial competence from a scheduled bank that company can invest to the amount as decided by Federal Government from time to time, during initial three years period for developing infrastructure for oil marketing and has upfront equity to the amount as decided by Federal Government from time to time, to finance the proposed oil marketing company.

Proof of the technical competence of the company (i.e. Profiles of personals of the company having experience of oil marketing from national and international industry). Proof of technical collaboration/ franchise agreement with the national/ international oil industry, other than the existing oil marketing companies in Pakistan, if any.

INVESTMENT & MARKETING PLAN OVER A PERIOD OF THREE YEARS

Details of the proposed marketing plan i.e. estimated sales (M.tons) product wise/province wise. Details of infrastructure to be developed i.e. oil storages & retail outlets (urban & rural area wise) with provincial break up over a period of three years.

Storage capacity to provide minimum of twenty days cover of proposed sale. Province wise break up.

Detailed transport plan (commensurate with Marketing plan for transporation of Petroleum products from source of supply i.e. by road, rail and pipeline).

An affidavit confirming that:

•        None of the sponsors / Directors / relatives of sponsors / Directors of the company are involved in any criminal case and or bank / loan and direct and indirect federal taxes default.

•        No case is pending in National or International Courts for recovery of loans / tax frauds etc. against the company and its Directors/sponsors.

(Bank default/criminal proceedings shall apply to sponsors/ directors and other persons in accordance with the relevant law).

Signature of authorized signatory (applicant) —————-

Date and place —————-

SCHEDULE I

PART K

[See Rule 36(1)]

APPLICATION FOR GRANT OF LICENCE TO THE EXISTING OIL MARKETING COMPANY

1.       Name of the Company and address of its registered office:        

2.       Name of the Chief Executive and Directors: __________ 

(Attach last annual report)

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association                                                                                       

4.       Year of commencement of operation ________________

5.       Details of sources of supply of petroleum products and their mode of transportation (i.e. rail, road, pipeline) _________________________________________

6.       Details of:–

(a)      Terminal/storage facilities indicating precise location and capacities:–

(b)      Number of retail outlets with urban and rural split province-wise including Northern/FATA area and AJK:–

(c)      Pipelines with details of their routes and capacities:–

7.       Details of Quality Control procedure adopted by the Company both for local and imported products at oil terminals/storage facilities and at retail outlets:–______

8.       Details of HSE arrangements _______________________

9.       Details of emergency response system at terminals/ storages facilities   

10.     International certification for various operational activities (if any)        

11.     Details of petroleum products marketed during the last five years (year-wise)

12.     Details of terms and conditions of the licence applicable at the time of commencement of the OGRA Ordinance (i.e. March 28, 2002) and subsequent changes, if any:– (attach documents).

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE-I

Part L

[See Rule 44]

APPLICATION FOR GRANT OF LICENCE TO THE NEW LUBRICANTS MARKETING COMPANY

Name of the Company

 

 

Address of the company

 

 

Name of the Directors

of the Company

Nationality

Share holding

1.

2.

3.

4.

5.

6.

 

 

ATTACHMENTS

PRE-REQUISITES OF THE COMPANY

Certificate of incorporation of the company under Companies Ordinance, 1984, provided that Articles of Association of the Company must indicate that the prospective company will not be affiliated in any manner with the existing oil marketing company operating in Pakistan.

INVESTMENT PLAN OVER A PERIOD OF THREE YEARS

Location

Storages

000 tons

Ware-houses

Distribution outlets

1st Year

2nd Year

3rd Year

 

An affidavit confirming that:

•        None of the sponsors / Directors / relatives of sponsors / Directors of the company are involved in any criminal case and or bank/ loan and direct and indirect federal taxes default.

•        No case is pending in National or International Courts for recovery of loans/tax frauds etc. against the company and its Directors/sponsors.

(Bank default/criminal proceedings shall apply to sponsors/directors and other persons in accordance with the relevant law)

Signature of authorized signatory (applicant) ——————–

Date and place ——————

SCHEDULE-I

Part M

[See Rule 46(1)]

APPLICATION FOR GRANT OF LICENCE TO THE EXISTING LUBRICANTS MARKETING COMPANY

Name of the Company

 

 

Address of the company

 

 

Name of the Directors

of the Company

Nationality

Share holding

1.

2.

3.

4.

5.

6.

 

 

Year of commencement of operation

Details of source of supply and their

mode of transportation (i.e. rail and road)

Details of:–

Storages

000 tons

Warehouses

Distribution outlets

Location

 

ATTACHMENTS

Certificate of incorporation of the company under Companies Ordinance, 1984, alongwith memorandum and articles of association.

An affidavit to the effect that:

The company shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary information or documentation required by the Authority to clarify the information contained in the application.

Signature of authorized signatory (applicant) ————–

Date and place —————-

SCHEDULE-I

Part N

[See rules 49 and 51]

APPLICATION PROFORMA FOR GRANT OF LICENCE TO ESTABLISH OR OPERATE AN OIL TESTING FACILITY

1.       Name of the Company and address of its registered office         

2.       Name of the Directors and their addresses, 

Nationality, ______________________________________

3.       Certificate of Registration with Registrar of Companies alongwith memorandum and articles of association or other legal instrument __________________________

4.       Details of testing facilities/capacities indicating precise location.            

5.       ISO certification if any (attach certificate) ____________

6.       Names of petroleum products which can be tested ____

7.       Technical expertise alongwith details of testing equipment (location-wise)         

8.       Details of HSE and security arrangements to be 

adopted._________________________________________

9.       Details of tests which can be conducted ______________

I hereby undertake that I shall provide such other information or documentation as the Authority, may from time to time, require, including without limitation, supplementary infonnation or documentation required by the Authority to clarify the information contained in the application.

Name and signatures of the authorized signatory

Date and place.

SCHEDULE-II

SCHEDULE OF FEE

[See Rules 65, 67 and 68]

1.  The following, non-refundable, fee shall he payable, through pay order or demand draft drawn on scheduled bank in favour of Oil and Gas Regulatory Authority, for the application for grant, renewal, modification, extension, assignment, review, transfer, amendment, relocation or re-issuance of a licence:

(a)      licence fee, payable at the time of filing of application, for,–

i.     a refinery licence:

Rs. 2.0 million;

ii.    an oil blending plant, reclamation plant or grease plant

Rs. 50,000/-

iii.   an oil marketing company

Rs. 2.0 million:

iv.    lubricant marketing company

Rs. 1.0 million;

v.     an oil pipeline

Rs. 2.0 million;

vi.    a storage facility (other than oil storage associated with a refinery or oil marketing company)

Rs. 100,000/-

vii.   an oil testing facility

Rs. 500,000/-

viii.  renewal of licence to operate refinery, blending, plant reclamation plant or grease plant, an oil determined by marketing company, oil pipeline, oil storage, oil testing facility.

To be the Authority at time of renewal

ix.    modification/extension/assignment/ review/transfer/amendment/ relocation or re-issuance of licence for refinery, blending plant, oil marketing company, oil pipeline, oil storage facility, storage of oil, or oil testing facility.

50% of the licence fee.

(b)      annual fees, payable in advance, for the first year and escalated with Government of Pakistan’s CP1 in the subsequent years, for,–

I.     a refinery:

0.005% of the gross sales

II.    oil blending facility, grease or reclamation plant

Rs. 100. 000/-

III.   an oil marketing company

0.005% of the gross sales

IV.   lubricant marketing company

0.005% of the gross sales

IV.   an oil pipeline

0.005% of the gross sales

V.    a storage facility

Rs. 100,000/-

VI.   storage of oil

Rs. 100,000/-

VII.  oil testing facility

Rs. 500,000/-

2.  The Authority may, with the approval of the budget committee as provided in Section 17 of the Ordinance, review the fees specified in Para-I keeping in view the budgetary requirements and if it is in the public interest.

SCHEDULE –III

[See Rule 2(1) (xix)]

PETROLEUM PRODUCTS

(1)      Aviation Gasoline 100/130 Octane.

(2)      Aviation Gasoline 115/145 Octane

(3)      Aviation Turbine Fuel JP-4

(4)      Aviation Turbine Fuel JP-1

(5)      Aviation Turbine Fuel JP-8

(6)      High Octane Blending Component

(7)      Motor Spirit

(8)      Naphtha.

(9)      Superior Kerosene

(10)    High Speed Diesel Oil

(11)    Light Diesel Oil

(12)    Jute Batching Oil

(13)    Furnace Oil/Fuel Oil

(14)    Lubricating Oils including base oils.

(15)    Asphalt/Bitumen

(16)    Greases

(17)    Mineral Turpentine

(18)    Solvent Oil.

SCHEDULE–IV

[See Rule 24]

Procedure for submission of application for new oil pipeline and its processing by the Authority

1.  Application for a licence.–(1) Any company incorporated inside or outside Pakistan may submit an application to the Authority on the prescribed format mentioned against the relevant rule for obtaining a licence for construction or operation of oil pipeline, by filing it with the Registrar alongwith such fees as prescribed by the Authority in Sehedule-II clearly specifying the information required therein.

(2)  The Registrar shall examine the contents of the application in order to satisfy himself as to the conformity thereof with the provisions of these rules and where the application is found.–

(a)      to be in conformity with the requirements of these rules, he shall accept the application and endorse thereon a stamp acknowledging the filing alongwith the number given thereto in the register; or

(b)      not to be in conformity with the requirements of these rules, he shall as soon as may be, but not later than seven days of filing thereof, return the application to the applicant with directions to amend and resubmit the application in accordance with the provisions of these rules:

                   Provided that where an application is re-submitted by the applicant and the Registrar is not satisfied of the conformity thereof with the requirements of these rules, he shall place the application before the Authority for such directions as it may deem necessary, not later than seven days of the date of re-submission thereof by the applicant. The Authority shall not reject an application on the grounds of any defect therein without giving the applicant an opportunity of rectifying the defect within the lime specified for the purpose by the Authority.

(3)  Any communications filed by a person in connection with the proceedings shall contain his or its, name and address, the subject matter of the communication and the title of the proceedings, and shall be filed with the Registrar who shall acknowledge receipt thereof either on a copy of the communication or through a written receipt in a format to be determined by the Authority and shall also endorse on the tiling receipt the number of the application in connection with which the communication is filed and the number assigned to the communication on the register.

(4)  All applications shall be deemed to be filed on the date of acceptance thereof by the Registrar, and where re-submitted in accordance with the provisions of sub-para (8), on the date the Registrar or the Authority, as the case may be, accepts the filing thereof and a communication shall be deemed to be filed on the date on which it is filed with the Registrar.

(5)  The contents of any communication shall pertain to a single application in respect of which it is filed.

(6)  An application or communication shall be signed by the communicator or by one or more of the applicant’s or communicator’s authorized representatives in their individual names on behalf of the applicant or the communicator.

(7)  Any application or communication, wherein any statement of fact or opinion is made by the applicant or the communicator, shall be verified by an affidavit, drawn up in the first person stating the full name, age, occupation and address of the deponent and the capacity in which he is signing, indicating that the statement made therein is true to the best of the knowledge of the deponent, information received by the deponent and belief of the deponent, and shall be signed and sworn before a person lawfully authorized to take and receive affidavits:

Provided that a communication filed during the course of a hearing may be affirmed in person before the Authority by the person filing the same and where any statement in an affidavit is stated to be true according to the information received by the deponent, the affidavit shall also disclose the source of such information.

(8)  An application or communication shall be filed with such number of copies as the Authority may, from time to time, determine.

(9)  An application or communication shall be filed for registration during office hours at the principal office of the Authority, or such other office as may be directed by the Authority. An application or communication may be forwarded to the Authority through registered post or courier service. If an authorized agent files an application or communication on behalf of any-party, the document authorizing the agent to do so shall be filed alongwith the application or communication, if not already filed in the record of the case.

2.  Admission of application.–(1) As soon as may be, but not later than fourteen days of the date of filing of the application, an application shall be placed before the Authority for appropriate action.

(2)  The Authority may call for submission by the applicant of any further supporting communication for the purposes of evaluation of the application for admission, within such time as it may specify. The Authority shall not be required to “ entertain or admit any application until such supporting communication is furnished.

(3)  The Authority may, if a primafacie case for evaluation exists, admit the application for consideration without requiring attendance of the applicant. The Authority shall not pass an order refusing admission without giving the applicant an opportunity of being heard or making a written representation.

(4)  In case the Authority admits the application, it may give such orders and directions for the service of notices as it deems appropriate to,–

(a)      all persons affected by or interested in the application who in the opinion of the Authority are likely to be affected or interested; and

(b)      persons who, by reason of their calling or expertise, may be of assistance to the Authority in arriving at a just and informed decision of the proceedings.

(5)      The Authority may, if it deems appropriate, direct the advertisement by publication of the title and brief description of the application in any one or more newspapers specified for the purpose by the Authority. Such publication at the cost of the applicant shall also contain a notice of the availability of a copy of the application at the office of the Authority on payment of the fee determined for the purpose by the Authority.

3.  Publication and service of notices.–(1) A notice Or process issued on the directions ofthe Authority may be served by the Registrar or the party concerned as the Authority may direct, and the Authority may direct the service to be effected through any one or more ofthe following modes of service, namely:–

(a)      by hand delivery through a messenger;

(b)      by registered post acknowledgment due ; or

(c)      by publication in a national daily newspapers in the English language and two national daily newspapers in the Urdu language and by advertisement in the electronic media in cases where the Authority is satisfied that it is not reasonably practicable to serve notices in any other manner.

(2)  Every notice or process required to be served on, or delivered to, any person may be sent to the person at the address furnished by him for service or at the place where the person or his agent ordinarily resides or conducts business or personally works for gain and where a person is to be served during the course of the proceedings and such person has authorized an agent or representative to represent him in the proceedings, such agent or representative shall be considered duly authorized to accept service of a notice and process on behalf of the person concerned.

(3)  In case an applicant does not fulfill any of the requirements of these rules or directions of the Authority regarding service or publication, the Authority may cither reject the application or give such further directions, as it deems fit and proper on such terms and conditions as it may specify.

(4)  No service or publication shall be deemed invalid by reason only of any defect in the name or description of a person if the Authority is satisfied that such service or publication is in all other respects sufficient.

4.  Intervention.–(1) Any interested person who desires to participate in the proceedings may file an intervention request for leave to intervene alongwith the fee determined for the purpose by the Authority in the form of a bank draft or pay order in the like amount in favour of the Authority.

(2)  The intervention request shall state the name and address of the person filing the same and shall describe the manner in which such person is or is likely to be substantially and specifically affected by any decision in the proceedings. The intervention request shall state the contention of the person making the same, the relief sought and brief particulars of the evidence such person intends to adduce during the course of the proceedings.

(3)  The Authority may grant leave to intervene, subject to such conditions, if any, as it may deem appropriate, and it may grant leave to intervene without requiring attendance of the intervenes

(4)  The Authority shall not pass an order refusing to grant leave to intervene without giving the intervener an opportunity of being heard or making a written representation. The Authority, while refusing leave to intervene, may direct the person making the intervention request to file such particulars before the Authority as may have been referred to in the intervention request, and such particulars may be taken into account by the Authority in accordance with paragraph 9 which shall, mutatis mutandis, be applicable to such communications.

(5)  No intervention request may be filed or acted upon during a hearing unless permitted by the Authority after providing an opportunity for all parties to object thereto, which may be made orally or in writing, as the Authority may direct. If no objection is made, the Authority may decide to accept or reject the intervention request based on the procedural and substantive merits of the intervention request.

(6)  No intervention request may be filed or acted upon after the close of hearing in the proceedings.

5.  Reply and rejoinder.–(1) Bach person to whom a notice of the filing of an application is issued pursuant to clause (b) of sub-paragraph (4) of paragraph 2 or any person whose intervention request has been accepted by the Authority, who desires to oppose or support the application may file a reply within fifteen days of the date of service of notice or the date of acceptance of the intervention request, as the case may be, with such number of copies as may be directed by the Authority.

(2)  In the event a person referred to in sub-paragraph (f) does not tile a reply, the Authority may decide the application on the basis of the documents and evidence submitted by the applicant.

(3)  In the reply, the person filing the same shall specifically admit, deny or explain the facts stated in the application and may also state additional facts which are relevant and necessary for reaching a just and informed decision in the proceedings. The reply shall be signed, verified and supported by means of an affidavit in the same manner as in the case of the application.

(4)  The person filing a reply shall serve a copy of the reply duly attested to be true copy on the applicant or its authorized representative and file proof of such service with the Registrar at the time of filing the reply.

(5)  Where the person filing a reply states additional facts, data or reports, the Authority may allow the applicant to file a rejoinder to the reply within fourteen days of the order of the Authority to this effect.

(6)  The procedure specified in this rule for filing of the reply shall also apply to the filing of rejoinder.

6.  Comments and participation.–(1) A person, other than an intervener or a person to whom a notice pursuant to clause (b) of sub-paragraph (4) of paragraph 2 has been issued, who intends to file any comments in relation to those proceedings before the Authority, shall deliver to the Registrar a statement of comments.

(2)  The Authority may permit such a person to participate in the proceedings, if the Authority considers that the participation of such a person shall facilitate the proceedings and the Authority’s decision in the matter. The person filing the statement of comments pursuant to sub-paragraph (1) shall not be entitled as of right to participate in the proceedings.

(3)  The Authority shall take into account the contents of any statement of comments filed pursuant to sub-paragraph (1) in the final decision. If the Authority deems fit, it may invite written representations by the parties to the proceedings in response to the statement of comments.

7.  Hearings by the Authority.–(1) After the filing of the pleadings, the Authority shall examine the same and determine whether a hearing is required to arrive at a just and informed decision. For the purposes of determining the same, the Authority may administer discoveries and interrogatories to any person and may,–

(a)      issue direction for supply of farther or better particulars or information; or

(b)      require appearance of any person before it.

(2)  If the Authority orders a hearing, it shall fix the date of hearing for the parties to present written or oral arguments on the basis of the pleadings. The Authority may also frame the issues over which the parties may be allowed to address arguments and present evidence before the Authority. In framing the issues, the Authority may exclude one or more issues or matters raised or stated in the pleadings and may include additional issues or matters not raised in the pleadings.

(3)  If the Authority decides not to hold a hearing, it shall inform the parties of its decision not later than seven days of such decision. The parties shall, not later than ten days of receiving such notice, file with the Registrar the detailed evidence referred to in the pleadings.

(4)  Notice of the commencement of a hearing shall be given at least fourteen days prior thereto, unless the Authority determines, for reasons to be recorded in writing, which a shorter period of notice is in the public interest:

Provided that, once hearing of the proceedings has commenced, notice of the next date of hearing may be of any period determined by the Authority and may be announced by the Authority at the time of adjournment of the hearing or by notice to the parties in accordance with sub-paragraph (1) of paragraph 6.

(5)  The Authority shall maintain a public listing of all proceedings set for hearing at a place accessible to the general public.

(6)  All hearings shall be at the principal office of the Authority at Islamabad unless a different location or place or city is designated in the notice for hearing.

(7)  Where, on a date fixed for hearing, any of the parties does not appear, the Authority may either dismiss the application for default of appearance of the applicant or proceed against the party in default ex parte and hear and decide the application provided that if all parties are absent without prior intimation, the proceedings may be dropped or closed as dismissed.

(8)  Where an application has been dismissed or decided in default of appearance of a party, the person aggrieved may file a motion, within ten days of the date of such dismissal or decision, seeking a recall of the order passed. The Authority may recall the order on such terms as it considers fit. if it is satisfied that there was sufficient cause for non-appearance of the party.

(9)  The Authority shall declare close of evidence following the submission of all the evidence by the parties. A party shall not present additional evidence after it has closed its evidence nor may any hearing be reopened after having been closed, except upon motion and the showing of good cause. The Authority shall give notice to all parties of its ruling upon such motion.

(10)  Where the Authority decides not to hold a hearing, the evidence shall be deemed to have been closed thirty days prior to the expiry of the time prescribed under these rules.

(11)  Notwithstanding the close of evidence in the proceedings, for the purposes of arriving at its final decision, the Authority may administer discoveries and interrogatories to any person and may,–

(a)      issue direction for supply of further information; or

(b)      require any person to appear before it,

(12)  Where the Authority decides not to hold a hearing, it shall render its final determination in the proceedings on the basis of the pleadings, the evidence filed by the parties and the communications filed by any person.

8.  Discovery.–(1) At any stage of the proceedings, the Authority may require any person to produce such documentary or other evidence as the Authority may consider necessary for the purpose of enabling it to conduct a fair hearing or to arrive at a just and informed decision:

Provided that such evidence shall only be used for the purposes of the hearing and shall be kept confidential by the Authority if the person providing the evidence proves, to the satisfaction of the Authority, that it would be detrimental to such person’s interests if the evidence is disclosed.

(2)  A party to any proceedings may, at any time before the close of evidence, make a motion to the Authority for discovery of any document or other information from any party to the proceedings or from any other person. The motion for discovery shall specify the nature and content of the discovery sought and its relevance to the issues in the proceedings. The Authority may,–

(a)      after giving an opportunity of responding orally or in writing, within the time limit specified by it for the purpose, to the party by whom the discovery is sought, reject the motion for discovery if deemed by the Authority to be irrelevant or unnecessary for the purposes of the proceedings or unlikely to be of assistance to the Authority in its decision; or

(b)      after giving an opportunity of responding orally or in writing, as deemed fit by the Authority, within the time-limit specified by it for the purpose, to the party against whom the discovery is sought, accept the same subject to any amendments to the contents or extent of the discovery request in the motion.

(3)  Upon the acceptance of a motion for discovery, the Authority shall direct the person from whom the discovery is sought to produce the required documents or information before the Authority within the time-limit directed by the Authority and, upon production as aforesaid, the Authority shall provide a copy thereof to the party making the motion for discovery.

(4)  Where the directions for discovery made by the Authority on the motion of a party are not complied with within the time-limit determined for the purpose, the party making the motion for discovery shall immediately bring such failure of discovery to the notice of the Authority. Failure of a party to file a motion to compel discovery in a timely manner may result in a waiver of its right to compel the discovery.

(5)  A party which has produced any document, or information in response to a direction for discovery, shall be under a continuing duty to bring to the notice of the Authority any changes rendering the contents and meaning of any documents or information inaccurate or incomplete and shall amend such documents or information in accordance with the directions of the Authority.

9.  Interrogatories.–(3) The Authority may, whether by itself or on a motion made by any party and granted by the Authority, on such terms as it may deem fit, administer written interrogatories to any person. The interrogatories shall state the questions whose answers are sought by the Authority or any party to the proceedings. The Authority shall ensure that the questions stated in the interrogatories are relevant to the issues in the proceedings.

(2)  A person to whom interrogatories are administered shall respond thereto within the time-limit specified by the Authority. The response to interrogatories shall be made in writing and shall be filed with the Registrar.

(3)  Where interrogatories administered on the motion of a party are not responded to within the time-limit specified for the purpose by the Authority, the party making the motion for interrogatories shall immediately bring such failure of response to the notice of the Authority. Failure of a party to make a motion to compel response to the interrogatories in a timely manner may result in a waiver of its right to compel the response.

10.  Transcripts.–(1) The Authority may on its own and shall on a request made by any party in writing at least seven days before the date of a hearing, arrange that the proceedings at the hearing be officially transcribed.

(2)  If the hearings are transcribed pursuant to sub-paragraph (I), a party requesting a copy of the transcript shall pay to the Authority the reasonable cost of preparing the copy.

(3)  A correction in the official transcript may be made only to make it conform to the evidence presented at the hearing. A correction in the official transcript agreed to by the parties may be incorporated into the record, if and when approved by the Authority, at any time during the hearing or after the close of evidence:

Provided that no correction in the official transcript shall be incorporated later than ten days from the date of receipt of the transcript by the party seeking the correction.

11.  Tentative opinions.–(1)At any stage in a proceeding, the Authority may record, in writing its tentative opinion on the application or any particular issue therein. The purpose of recording such tentative opinion shall be to afford the applicant an opportunity to appraise the prospects of its application and accordingly to consider withdrawal or modification of its application or the evidence adduced by it. The tentative opinion shall contain a statement of reasons and a decision of each issue relevant to such opinion.

(2)  Neither the Authority nor the applicant shall be bound, or in any manner be restricted, by a tentative opinion rendered pursuant to sub-paragraph (1) and nothing recorded in a tentative opinion shall be used in any manner prejudicial to the interests of the Authority or an applicant.

12.  Decisions of the Authority.–(1) AM orders, determinations and decisions of the Authority shall be taken in writing and shall identify the decision of the Chairman and each member.

(2)  The Authority shall decide an application within six months of the date of filing of the application:

Provided that the Authority may, only for causes beyond its control, extend the said one year period by a further period of one year, provided further that, the Authority shall not extend the time for its final decision in a proceeding beyond an aggregate period of two years. The reasons for such extension in time shall be recorded in writing.

(3)  Copies of all orders and decisions made or issued by the Authority, shall be certified under the signature of the Registrar and the seal of the Authority and shall be made available to any person on payment of such fees as the Authority may, form time to time, determine. Copies of all such orders and decisions shall be available at the principal office at Islamabad for public inspection free of cost.

(4)  Within thirty days of the final decision in the proceedings by the Authority, a party may file an application for review of the final decision. An application for review shall specify the grounds on which review is sought by the party. Parties to the proceedings shall be afforded a reasonable opportunity to respond to a motion for review, orally or in writing as deemed fit by the Authority. The Authority may, in its discretion, convene a conference or hearing to discuss the case. The Authority shall take action on an application for review within fourteen days of receipt of such application unless it gives notice to the parties, in writing, that a longer period of time will be required and specifies the additional period of time necessary to consider the motion.

13.  Seal of the Authority.–(1) There shall be a seal of the Authority which shall remain in the custody of the Registrar.

(2)  The seal of the Authority shall be affixed by the Registrar on all licences, orders, decisions or communications made, notices issued or certified copies granted by the Authority.

SCHEDULE-V

PART A

[See Rule 12(1)(c)]

Reqirment of Lube Oil Blending Plant of 7500

Tons/Annum Capacity

Sr. No.                   Facility

Requirement

1.       Land

4000 sq. yards with adequate facility for truck and container movements.

2.       Storage tanks of 15 days capacity 350,000 liters as per marketing plan

Operational requirement.

3.       Blending kettle with agitator, heating coil, level gauge minimum 2x 15 tons and 2×5 ton capacity

Operational requirement.

4.       Pumps, pipes and fitting as per requirement

Operational requirement

5.       Additive drum heating facility

Ease of mixing

6.       Decanting trough with heating coil

Operational requirement

7.       Boiler or suitable hot oil system of heat rating of 150 PSI steam or equivalent

Operational requirement

8.       Measuring facilities for base oil and additives

Operational requirement

9.       Inkjet or laser printer

Batch identification and tracing

10.     Fully or semi-automatic filling machines for weight/volume control, shrink wrapping/ carton sealing, strapping etc.

Operational requirement

11.     Finished oil storage tanks 7 days storage

Operational requirement

12.     Furnace oil storage for 7 days use or Natural gas connection

Operational requirement

LABORATORY REQUIREMENT FOR LUBE OIL BLENDING PLANT

Sr. No.                   Facility

Requirement

1.       Kinematic Viscosity baths:

          Kinematic viscosity for 40C

          Kinematic viscosity for 100C

          Setting accuracy: +0.01 C

          Temperature range: From ambient to 150 C

          Thermometer: ASTM 120C/IP92C for 40 C

          Calibrated Viscometers: ASTM 121C/IP32for 100C

 

ASTM- D 445

2.       Pour point apparatus with refrigeration up to -20 C

ASTM-D 97

3.       Flash point apparatus: Cleverly and open cup apparatus complete set

ASTM-D 93

4.       Furnace: to operate up to 1000 C.

 

5.       Oven: to operate up to 200 C.

 

6.       Colour comparator with tubes

ASTM-D 1500

7.       Potentiometer for determination of total acid number and total base number (TAN & TBN)

ASTM-D 664

ASTM-D 2896

8.       Balance electronics:

Weighing accuracy +0.0001gm

 

9.       Atomic absorption spectra photo meter to determine metal content Ca, Zn, and Mg.

IP-288

10.     I hydrometers, jars and thermo meter to determine density and specific gravity.

ASTM-D 1298

11.     Apparatus for determination of foaming characteristics of lubricating oil complete unit.

ASTM-D 892

12.     Cold cranking simulator to determine apparent viscosities of multi grade oils at low temperature -10C -15 c and -25 c. (if producing multi grade lubricants.)

 

SCHEDULE-V

PART B

[See Rule 12(1) (c)]

Reqirment of Lube Oil Reclamation or Grease Plant

Sr. No.                   Facility

Requirement

(1)                               (2)

(3)

1.       Used Oil storage minimum.

50 Tons.

2.       Used Oil filtration minimum.

100 Mesh.

3.       Distillation facility of temperature rating 200 C, at 100 mm vacuum to obtain requisite flash point for removal of contaminated fuel and water minimum

10 ton.

4.       Acid treatment kettle minimum.

10 ton.

5.       Settling tank minimum.

12×2 ton.

6.       Sludge storage tanks, fully covered, with necessary facility for sludge removal minimum.

25 tons

7.       Neutralization kettle minimum.

10 ton.

8.       Filter press, plate and frame type or equivalent.

30 ton/day.

9.       Finished product storage tank minimum

70 tons.

10.     Boiler: 200 Psig or hot oil system of equivalent capacity.

Operational requirement

Grease Plant:

Sr. No.                   Facility

Requirement

(1)                               (2)

(3)

1.       Grease Blending Kettle alongwith all necessary facilities

10 Tons

2.       Base Oil Storage Tanks

To cover 7 days requirements

3.       Finished Products Storage Tanks

To cover 7 days requirements

4.       Boiler: 150 Psig

Operational requirement

5.       Furnace Oil Storage Tank

If natural gas not available

6.       Bulk, Drum and Tin filling arrangements

10 Tons per day

LABORATORY REQUIREMENT FOR LUBE OIL RECLAMATION OR GREASE PLANT

Lube Oil Reclamation Plant:

Sr. No.                   Facility

Requirement

(1)                               (2)

(3)

1.       Kinematic baths:

          Kinematic viscosity for 40C

          Kinematic viscosity for 100C

          Setting accuracy; +0.01 C

          Temperature range: From ambient to 150 C

          Thermometer: ASTM 120C/IP92C for 40 C

          Calibrated Viscometers: ASTM 121C/ IP 32 for 100 C

 

ASTM- D445

2.       Pour point apparatus with refrigeration up to -20 C

ASTM-D 97

3.       Flash point apparatus:

          Cleverland open cup apparatus complete set

ASTM-D 92

4.       Copper strip corrosion apparatus

ASTM-D 130

5.       Conradson carbon apparatus.

ASTM-D 189

6.       Furnace: to operate up to

1000 C.

7.       Oven: to operate up to

200 C.

8.       Colour comparator with tubes

ASTM-D 1500

9.       Potentiometer for determination of total acid number and total base number (TAN & TBN)

ASTM-D 664 

ASTM-D 2896

10.     Balance electronics;

Weighing accuracy +.0.0001gm

 

11.     Atomic absorption spectrophotometer to determine metal content Si and Al.

IP-288

12.     Hydrometers, jars and thermo meter to determine density and specific gravity.

ASTM D-1298

13.     Apparatus for determination of foaming characteristics of lubricating oil complete unit.

ASTM D-892

14.     Sponification No.

ASTM D-94

15.     Pentane insoluble.

ASTM D-893

Grease Plant:

Sr. No.                   Facility

Requirement

1.       Stability Test Apparatus

ASTM D-942

2.       Dropping Point Apparatus

ASTM D-566

3.       Corrosion Test Apparatus

ASTM D-130

4.       Flash Point Apparatus

ASTM D-92

5.       Oven

ASTM D-972

6.       Penetroineter, Grease  Hot Plate

ASTM 0-217

7.       Oil Separator

ASTM D-1742

8.       Hydrometer/Pycnometer

ASTMD 1298/D 70

9.       Balance

 

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