Section 28
Inquiries into serious accidents with petroleum.
About this Act
An Act to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum.
(1) The inquiry mentioned in section 176 of
the 1[Code of Criminal Procedure, 1973 (2 of 1974), shall, 2[unless section 8 of the Coroners Act, 1871
(4 of 1871)], is applicable to the circumstances,] be held in all cases where any person has been killed by
an accident which the Magistrate has reason to believe was the result of the ignition of petroleum or
petroleum vapour.
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding that no person was killed thereby.
(3) For the purposes of 3[sub-section (2)] a Commissioner of Police 4*** 5*** shall be deemed to be a be a Magistrate empowered to hold an inquest.
(4) The result of all inquiries held in pursuance of this section 2[and of any inquiry held by a coroner in a case to which sub-section (1) refers] shall be submitted as soon as may be to the 6[Central Government], 2[the 7[Chief Controller of Explosives]] and the State Government.]
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding that no person was killed thereby.
(3) For the purposes of 3[sub-section (2)] a Commissioner of Police 4*** 5*** shall be deemed to be a be a Magistrate empowered to hold an inquest.
(4) The result of all inquiries held in pursuance of this section 2[and of any inquiry held by a coroner in a case to which sub-section (1) refers] shall be submitted as soon as may be to the 6[Central Government], 2[the 7[Chief Controller of Explosives]] and the State Government.]
Notes
1. Subs. by s. 4, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 12-8-1977).
2. Ins. by Act 25 of 1940, s. 3.
3. Subs. by s. 3, ibid., for "this section".
4. The words "in a Presidency-town" omitted by Act 24 of 1970, s. 16 (w.e.f. 1-8-1976).
5. The words "or in Rangoon" omitted by the A.O. 1937.
6. Subs. by the A.O. 1937, for "Local Government".
7. Subs by Act 31 of 1977, s. 4, for "Chief Inspector of Explosives in India" (w.e.f. 12-8-1977).
2. Ins. by Act 25 of 1940, s. 3.
3. Subs. by s. 3, ibid., for "this section".
4. The words "in a Presidency-town" omitted by Act 24 of 1970, s. 16 (w.e.f. 1-8-1976).
5. The words "or in Rangoon" omitted by the A.O. 1937.
6. Subs. by the A.O. 1937, for "Local Government".
7. Subs by Act 31 of 1977, s. 4, for "Chief Inspector of Explosives in India" (w.e.f. 12-8-1977).