GUWAHATI, Oct 28 - Alleging that the amendment to the Marketing Discipline Guidelines (MDG)-2012 that came into effect from October 2 last, severely affected oil trade with the PSU oil marketing companies (OMCs), the All Assam Petroleum Dealers Association (AAPDA) today said the PSU OMCs have become the judge of their own cause, which was not permissible under the law.
“The PSU OMCs have disregarded and violated all existing rules by encroaching upon the authority of the designated government authorities. They have violated the legal, statutory and constitutional rights of dealers, including the fundamental rights guaranteed under the Constitution of India. They are behaving like lawmakers by formulating the MDG and incorporating penalties in it. The PSU OMCs are also playing the role of law enforcing agencies while enforcing the MDG by penalising dealers for no fault or violation of any law,” AAPDA president Rajib Goswami and general secretary Dwijen Mahanta said at a press conference.
Pointing out that the supply, distribution, handling, storage, sale and maintenance of quality and quantity of the products are governed by the provisions of the Petroleum Act, 1934 and the rules there under, the Legal Metrology Act, 2009 and the rules there under, the Essential Commodities Act, 1955 and the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, Goswami said there is no need for the PSU OMCs to implement the MDG.
“This has been done illegally and without the authority of law. The dealership with the PSU OMCs is on contractual basis, based on an agreement between them (OMCs) and us (the dealer). The arbitrary action of the OMCs is to be stopped as the nature of the whole business is like that of a wholesaler and retailer as stated by the Deputy Director, Food Civil Supplies & Consumer Affairs (DDS), Kamrup (Metro) district, as transpires from his letter, dated May 2, 2015,” he added.
Moreover, he said the State government with the deputy commissioner as the administrative head in the districts is the designated authority to decide on the merit of any complaint lodged before it.