HPGAS Distributorship
HPGAS Distributorship
HPGAS Distributorship
FOR RECONSTITUTION OF
1. PREAMBLE
The Reconstitution Policy was last approved by MOP&NG vide their letter no. P-
19011/5/2005-IOC dated 16.10.2008. After the above guidelines MOP&NG had
circulated amendments in the Reconstitution Policy from time to time and the
commensurate amendments to the same effect were issued by the Oil Marketing
Companies (OMCs).
Further based on the discussions held with MOP & NG dated 01.05.2018 and
deliberations carried amongst the OMCs it is required that the existing Reconstitution
policy is further liberalized in order to keep the willing Distributorship in our fold and to
attract Entrepreneurs in to this business. This would also be in line with the Govt. Of
India’s initiative of creating an environment towards ease of doing business. It is also
felt that the policy should be revised for promoting ease of business and ensuring that
the reconstitutions are carried out smoothly and for ensuring that the OMCs operate
their Distributorship with proper enforceable agreements entered into with each LPG
Distributor.
2.1. For the purpose of Reconstitution at LOI stage, the LOI stage would also include
situation where the selected candidate gets clearance from Field Verification
Committee (passes FVC) and is eligible for issuance of LOI. The eligibility of the
candidate shall be as defined and specified in Distributorship Selection Manual/Unified
guideline for distributor selection.
2.2. Reconstitution will be allowed at LOI stage in the event of death or incapacitation due
to serious illness/ accident resulting in total and permanent disability (which will disable
the LOI holder to work or follow any occupation or profession), reconstitution at LOI
stage may be considered in favour of legal heir/family member (including married
children, daughter-in-law, son in law and grandchildren) subject to their eligibility. In
case if the legal heirs/family as mentioned above have expressed their unwillingness
the LOI shall be cancelled after recording the said unwillingness in writing.
2.3. Reconstitution at LOI stage may also be permitted to induct outside partner (s) for
bringing in finance/expertise. However, in such case, the LOI holder shall retain at
least 51% share. However, induction of outside category partner in locations
advertised under SC/ST category shall be restricted to 25% share in the
distributorship. (for SC – anyone not SC will also be outside and similarly for ST-
anyone not ST will be outside)
2.4. The LOI Stage will include the selected candidate in draw, expired/incapacitated prior
to FVC/after FVC, the legal heirs will be allowed, as the case may be, for completing
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
the FVC. In case the selected candidate passes FVC, the reconstitution at LOI Stage,
as mentioned above, will be considered.
The proposed candidate, whether proprietary or in partnership, will have to fulfil the following
conditions:
2.5.1. Multiple distributorship norms and other eligibility criteria, for Distributor Selection
Guidelines under relevant category prevailing at the time of reconstitution will be
applicable. For the cases as mentioned in 2.2, relaxation of age and educational
qualifications will be allowed as mentioned in clause 2.5.2 & 2.5.3.
2.5.2. The minimum age requirement will be 18 years. If the legal heir is minor in age, the
guardian shall operate the distributorship till he/she becomes major and the
distributorship would be once again ratified when the minor becomes major and
expresses his willingness to continue with the distributorship. This will be applicable to
the cases as mentioned in 2.2 above.
2.5.3. There will not be any minimum educational qualification criteria. However, he/she must
be able to read, write and count.
2.5.4. OMC can transfer the LOI by issuing fresh LOI after necessary approval of its
Competent Authority, i.e. the authority who is authorized to approve the Reconstitution
Proposals.
2.5.5. The new LOI holder would be required to comply with all the conditions as mentioned
in the earlier LOI issued to the deceased/incapacitated proprietor/partner(s).
2.5.6. Multiple distributorship norms would not be applicable in the cases of reconstitution at
LOI stage, only if it is arising out of death/incapacitation in favour of family member(s)
already holding a distributorship subject to there being no other eligible willing legal
heir/ member of family unit for transfer of LOI.
2.5.7. The share out of the proposed partnership firm would be decided by the continuing
and incoming partners in line with provisions mentioned under 2.2 & 2.3 hereinabove
and the same should be mentioned in the Draft Partnership Deed to be submitted
along with the Reconstitution proposal.
2.5.8. Indian citizen: The incoming proprietor / partner(s) should be Indian Citizen, and a
resident of India as well in line with Distributor Selection Guidelines. Cases where
incoming legal heir(s)/ family member(s) is/are not Indian Citizen(s) they will be given
six months' time to meet the Citizenship criteria.
Efforts to be made for completing the process within 6 months' time from the date of receipt
of intimation of the mishap by the OMC.
2.6.1. Application:
The application for reconstitution, in the prescribed format along with relevant
affidavits/ Undertakings will be submitted to the concerned Area/Territory/Regional
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
2.6.3. After the scrutiny, if found meeting the criteria, the RSC will submit their
recommendation to the Area/Territory/Regional Office in-charge, who in turn shall
forward the same to State LPG Head/Region Head/Zonal Heade of IOC/BPC/HPC, as
applicable, after due recommendation for approval of the competent authority for
reconstitution and issuance of fresh LOI and cancellation of the earlier LOI. The fresh
LOI would be issued with all the conditions as was mentioned in the earlier LOI
including that the legal heir(s)/family member(s) will have to make available the
identified land offered by the original allottee/deceased/incapacitated LOI holder at the
time of selection for LPG Distributorship.
2.6.4. The request for reconstitution on account of total and permanent disability will be
considered based on submission of certificate to this effect from Chief Medical Officer
(CMO) of Govt. Hospital of the district. Alternatively, the recommendation of Medical
Board recognized by the Govt. can also be considered by the approving authority.
2.6.6. Communication to Applicants & Field Officer: Within 10 days from receipt of proposal,
the Area/Territory/Regional Office of IOC/BPC/HPC, as applicable should send
communication to the applicant(s) :-
Informing reasons for rejection of proposal (on eligibility norms)
Informing short comings, if any, in the documents with a request to re-submit the
corrected / additional documents and that further action will be taken only after
receipt of complete proposal / additional documents. After receipt of revised
proposal / documents, a new identification no. (Docket no.) shall be given.
2.6.7. For proposals found suitable in all respects, copy of the application along with
annexures will also be sent to concerned field officer to offer comments within 15 days
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
2.6.8. Letter will be sent intimating the date and time on which all existing partners along with
proposed incoming partner should visit the Area/Territory/Regional Office of
IOC/BPC/HPC, as applicable, for meeting with Area/Territory/Regional in-charge and
verification of documents. This date will be given with minimum notice of 15 days and
not beyond 30 days. If a request from the applicant(s) is received for changing the date
of meeting, such request should be accommodated and next date with mutual consent
should be fixed at the earliest but not later than 30 days. It should also be
communicated to the applicants that IOC/BPC/HPC will not be responsible for delay in
the process on this account.
2.6.9. Meeting with existing/incoming LOI holder/Partner(s): On due date of meeting with all
existing and proposed incoming partner(s), a committee consisting of the concerned
field officer along with another officer from Area/Territory/Regional Office of
IOC/BPC/HPC, as applicable, will verify the identity of the individuals with photo
identity cards and also verify the original documents with respect to eligibility criteria.
Photocopy of identity cards of all the members and eligibility documents duly signed by
them with date will be kept in record with counter signature of the above mentioned
committee. Any one of the following photo identity cards will be reckoned for the above
purpose.
PAN Card
Passport
Voter ID
Photo ID card issued by Govt./PSU
Driving Licence
2.6.10. This will be followed by meeting of all existing and incoming partner(s) with the
Area/Territory/Regional Office in-charge of IOC/BPC/HPC, as applicable, along with
the above mentioned committee.
2.6.12. In case of incapacitation resulting in total and permanent disability, if the selected
candidate/LOI holder is not in a position to give consent due to physical condition then
consent of the legal heir/family member (including married children, daughter-in-law,
son in law and grandchildren) would be required before reconstitution. Before
reconstitution proposed LOI holder should furnish appropriate indemnity form
indemnifying the OMCs against any claim/damage in the future.
2.6.13. For induction of outside category partner into SC/ST category LOI, a three member
committee, consisting of two officers from State / Regional/ Zonal Office and the in-
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
2.6.16. Area/Territory/Regional Office in-charge must ensure that the progress of all the
proposals starting from receipt of application, meeting with existing/incoming LOI
holder(s)/partner(s), forwarding to State/Zonal office, wherever applicable, conveying
approval/rejection of proposal, till execution of the agreement is monitored and
updated in a separate register for this purpose. The same should be available for
review by the visiting officials.
2.6.17. Head of LPG State/Region/Zonal Office of IOC/BPC/HPC will also initiate regular
monitoring system in the State/Region/Zonal office.
Formats of application, standard affidavit, indemnity, nomination form, etc. are attached as
Annexures to this guidelines.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
2.7.1. Approving authority for all cases of reconstitution at LOI stage will be concerned State
Head/Regional Head /Zonal Head of IOC/BPC/HPC, as applicable.
2.7.2. All proposals for reconstitution at LOI stage should be disposed of within 90 days from
submission of complete proposal.
2.8.1. In all cases, the distributorships would be required to pay non-refundable application
processing fee of Rs.25000/- at the time of application and upon approval of
reconstitution, pay a non-refundable reconstitution fee equivalent to Security Deposit
amount as applicable to the category of distributorship defined under Distributor
Selection Guidelines in vogue, before issuance of fresh LOI, except under the cases
mentioned below;
3.1.2. For a partnership firm, all partners may submit nominations separately, in the form to
be prescribed. New distributors may submit fresh nomination upon commissioning.
3.1.3. The nomination form duly sworn before an Executive I First Class Judicial Magistrate
has to be submitted. The nominees should also submit a declaration of acceptance of
his/her nomination. The proprietor/partner(s) will have the option to change the
nomination anytime so long he/she holds share in the distributorship firm by following
the same procedure as is required to be followed for giving fresh nomination. The
latest nomination details shall be displayed to Distributors in internal portals of OMCs
for his information.
3.2. Reconstitution will be permitted for induction of minority partner(s) only after three
years of commissioning of distributorship irrespective of the reconstitution carried out
at LOI stage. Subsequent reconstitution can be carried out after one year.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.4. Partner(s) can resign from the distributorship after 3 years of holding distributorship. In
the event of resignation of partner(s), the remaining partner(s) put together shall hold
the controlling stake i.e. at least 51% share in the distributorship.
3.5. Restriction of time period will not be applicable for re-constitution on account of
death/incapacitation of the proprietor/partner(s). Further, the Sole proprietor, without
any time restriction, can transfer distributorship in favour of his/her spouse; Children
(including step children); son in law I daughter in law; Parents (including step
father/step mother); Brother/Sister (including step brother and step sister); grand-
parents (both maternal and paternal); grand-children.
3.6. On demise or total incapacitation of the Sole Proprietor or Partner, transfer of his share
in the distributorship in favour of the person(s) as per the last nomination will be
considered. In case of more than one nominee, OMC may agree to distribute the
shareholding among the nominated persons in the ratio the deceased has mentioned
in the last nomination or equally. This will however, be subject to the person(s) /
proposed set-up meeting other applicable terms & conditions of distributorship
selection and applicable statutory provisions.
3.7. In case of demise or total incapacitation of the Sole Proprietor, if the person(s)
nominated expresses unwillingness to be inducted as proprietor/partner(s), or is found
ineligible, as per norms applicable for Distributor Selection other than age,
educational qualification and multiple distributorship norms as mentioned below
(viz. Eligibility criteria for incoming partner(s)), at that juncture, the firm can be
reconstituted with the other legal heir(s) or family members of the deceased
proprietor with the consent of the legal heirs not willing to join the distributorship. If
there is no legal heir(s) or family member/s, or they have expressed their
unwillingness, or are found ineligible by OMCs, the distributorship shall be terminated.
3.8. In cases of death or total incapacitation of partner(s), the partnership firm is required to
be reconstituted with the surviving/remaining partner(s) and person(s) nominated by
the deceased/incapacitated partner(s). If the person(s) nominated express their
unwillingness to be inducted as partner(s) or he/she/they is/are found ineligible by the
OMCs, as per prevailing norms, the firm may be reconstituted with the remaining
partner(s) and other legal heir(s) or the family members of the deceased/incapacitated
partner(s) with the consent of legal heirs not joining. If there is no legal heir(s) or family
member(s), or they have expressed unwillingness or found ineligible the
distributorship will be reconstituted with surviving/remaining partner(s).
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.12.1. In a partnership firm, if any partner(s) is/are convicted by Court of Law for any
criminal case involving moral turpitude, then in such case, the existing set up will
be derecognized, the convicted partner(s) will be debarred and their nominations
cancelled. The distributorship may be reconstituted with the remaining partner(s)
and in case the remaining partner is not alive or/is incapacitated, then in favour
of his/her (i.e. remaining partner's) nominated person/legal heir /family
member(s) with a condition that If the convicted partner gets acquitted from the
Court of Law/ appellate court and no appeal is pending against, the original
constitution will be restored on the request of the Partner who was debarred. The
restriction of time period between reconstitutions will not be applicable in such
cases.
And/ or he/ she is arrested in connection with the involvement in such offence
and or charge sheet is filed before Court of Law for conviction and Court
framed the charges, then in such case OMCs will reconstitute the
existing firm with the remaining partner(s) and in case the remaining
partner is not alive or is incapacitated, then in favour of his/her (i.e.
remaining partner's) nominated person/legal heir /family member(s)who are
not involved in the offence and meets the eligibility criteria in vogue except
land for showroom and godown (relaxation of age and qualification as
mentioned above at point 2.5.2 & 2.5.3 above) to operate the distributorship
till the case is decided by Court / appellate court and no appeal is pending
against. Such arrangement will, however, indemnify the OMC against any
claims/ damages arising out of subsequent litigation, if any.
If the convicted partner gets acquitted from the Court of Law/ /, the original
constitution will be restored on the request of the Partner who was debarred.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
However, if the remaining partner(s) is/are from other category under which
Distributorship was awarded, then the distributorship will be terminated.
3.14.1. All incoming proprietor/partner(s) should fulfill all the basic requirements for
becoming a distributor on ‘Common eligibility criteria for all categories', on all
parameters prescribed in the distributor selection guidelines in vogue, except land for
godown/showroom. However, with regard to age and educational qualification of
incoming proprietor/partner(s), OMCs may allow relaxation.
3.14.3. Indian citizen: The incoming proprietor / partner(s) should be Indian Citizen,
and a resident of India as well in line with Distributor Selection Guidelines. Cases
where incoming legal heir(s)/ family member(s) is/are not Indian Citizen(s) they will be
given six months' time to meet the Citizenship criteria.
3.14.4. Legal heir Certificate: Legal Heir Certificate is required to be submitted, by the
person claiming to be legal heir, to OMCs to establish Legal heirs of the deceased
Proprietor/Partner(s). In case the same is getting delayed, then the Incoming
partner/legal heir(s) can submit an affidavit sworn before 1'' class Magistrate or any
other competent authority in the concerned State by all the legal heir(s) of the
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
deceased (including incoming legal heir(s)) declaring that they are the only legal
heir(s) of the deceased.
In case the person(s) claiming to be legal heir of deceased has/have already obtained
Succession Certificate, the need for seeking Legal Heir Certificate can be dispensed
with. If the Legal Heir Certificate is not generally issued in the jurisdiction/State where
the Distributorship is operating than Succession Certificate to be taken.
3.14.5. Nominated person(s)/Legal Heir(s) not responding: In the event of death or total
incapacitation of the Proprietor or Partner(s) of the distributorship firm, if the
person(s) nominated by the deceased/incapacitated Proprietor/Partner(s) do
not express his/her/their willingness to join the distributorship, a specific time
period of 6 (six) months from the date the OMC receives intimation of the
death/incapacitation of Proprietor/partner(s) shall be given to them for taking
decision. Thereafter it will be construed that the nominated person(s) is/are unwilling to
join the distributorship, and then the firm can be reconstituted with the other legal
heirs or the family members of the deceased/incapacitated proprietor/partner(s). If
there are no other legal heir(s) or the known legal heirs as also the family members
are also not responding, then such partnership firm shall be reconstituted with the
surviving partner(s); in case of proprietorship, the distributorship shall be terminated.
The sequence of preference to be followed for induction of new proprietor/partner
should be (i) the nominated person(s);(ii) the legal heirs; (iii) the family members(s).
The notice should clearly state that the Claim, if any, for selection/induction as LPG
distributor, made beyond the stipulated period in the notice would not be entertained
under any circumstances. Thereafter OMC shall be at liberty to exercise its rights to
approve reconstitution of the distributorship excluding such nominated person(s). Cost
of newspaper notification to be borne by the distributorship firm or should be deducted
from the final settlement of account of the terminated distributorship or should form
part of claim of OMCs in case of dispute. The above procedure shall also be followed if
any of the legal heirs or existing partner(s) is/are not traceable. ·
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.14.8. In all cases where OMC approves reconstitution proposal wherein consent of all the
nominated person(s)/ legal heir(s)/partner(s) could not be obtained, then the
proprietor/partner(s) of the reconstituted firm shall indemnify the OMC against any
claims or demands which may be made by any person claiming to be legal
heir(s)/partner(s) of the deceased Sole Proprietor/Partner.
3.14.9. Before reconstitution of distributorship, a meeting would be held with all the existing
partner(s) and incoming partner(s) by OMC. In cases where partner(s) do not attend
the meeting due to any reason, a registered letter confirming receipt of reconstitution
proposal, giving reference of the meeting held with the attending partner(s) and
Corporation's intention of proceeding with the reconstitution proposal would be
intimated to them.
3.15.1. Application : The application for reconstitution, in the prescribed format will be
submitted to the concerned Area/Territory/Regional Office of IOC/BPC/HPC, as
applicable, against acknowledgement. Area/Territory/Regional Office of
IOC/BPC/HPC, as applicable, will maintain a record for this purpose and each
application will be acknowledged giving reference to a unique identification no. (Docket
no.)
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.15.3. The request for reconstitution on account of total and permanent disability will be
considered based on submission of certificate to this effect from Chief Medical Officer
(CMO) of Govt. Hospital of the district. Alternatively, the recommendation of Medical
Board recognized by the Govt. can also be considered by the approving authority.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.15.7. For proposals found suitable in all respects, copy of the application along with
annexures will also be sent to concerned field officer to offer comments within 15 days
and referred to law department for examining the legal aspects if required.
3.15.8.1. On due date of meeting with all existing and proposed incoming partner(s), a
committee consisting of the concerned field officer along with another officer from
Area/Territory/Regional Office of IOC/BPC/HPC, as applicable, will verify the identity of
the individuals with photo identity cards and also verify the original documents with
respect to eligibility criteria. Photocopy of identity cards of all members duly signed by
them with date will be kept in record with counter signature of the above mentioned
committee. Any one of the following photo identity cards will be reckoned for the above
purpose.
PAN Card
Passport
Voter ID
Photo ID card issued by Govt./PSU
Driving Licence
This will be followed by meeting of all existing and incoming partners with the
Area/Territory/Regional Office in-charge of IOC/BPC/HPC, as applicable, along with
the above mentioned committee.
3.15.8.3. In case an outgoing partner(s) is living outside the country and is not in a
position to visit the Area/Territory/Regional Office on the pre assigned date and time of
the meeting, The outgoing partner(s) would be required to submit an affidavit duly
signed and notarized by the concerned Indian consulate in the country where the
outgoing partner is living. Confirmation of the affidavit should be obtained by the
Area/Territory/Regional Office in-charge by writing to Indian Consulate within 60 days.
An indemnity from the continuing partner(s) must also be taken in this regard.
3.15.9. For induction of outside category partner(s) into SC/ST category Distributorship, a
three member committee, consisting of of two officers from State / Regional/ Zonal
Office and the in-charge of concerned Area/Territory/Regional office of IOC/BPC/HPC,
as applicable, nominated by the State Head/Region Head/Zonal Head. will assess the
incoming partners on the requisite parameters to confirm suitability of the proposal. In
case where incoming partner(s) is/are found meeting eligibility criteria for induction of
outside category partner in SC/ST distributorship, the recommendations of the
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
Committee will be put up for approval of State Head/ Regional Head /Zonal Head for
induction of outside category person (restricted to maximum 25% share) into SC/ST
distributorship.
3.15.12. Area/Territory/Regional Office in-charge must ensure that the progress of all
the proposals starting from receipt of application, meeting with existing/incoming
proprietor/partner(s), forwarding to State/Zonal office, wherever applicable, conveying
approval/rejection of proposal, till execution of the agreement is monitored and
updated in a separate register for this purpose. The same should be available for
review by the visiting officials.
3.15.13. State LPG Head/Region Head/Zonal Head will also initiate regular monitoring
system in the State/Region/Zonal.
Formats of application, standard affidavit, indemnity, nomination form, etc. are attached as
Annexures to this guideline.
3.16. APPROVING AUTHORITY & TIME LINES FOR DISPOSAL OF PROPOSALS FOR
RECONSTITUTION OF COMMISSIONED DISTRIBUTORSHIPS :
3.16.1. State Head/ Regional Head /Zonal Head will be the approving authority for the
following cases;
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
3.18. All proposals should be disposed of within 90 days of receipt of complete proposals.
3.19.2.1. Proposal involving induction of partner from within the family as defined
in Selection guidelines, including married children, daughter in-law ,
son-in-law and grand children (without any exit/ outgoing partner).
3.19.2.2. Proposal with or without induction of partners from within the family as
defined in Selection guidelines, including married children, daughter in-
law , son-in-law and grand children or without induction of partners from
outside family (along with exit / out going partner ) provided continuing
partner(s) holding at least 50% share and maintains majority share in
the distributorship post reconstitution.
3.19.2.3. Cases involving reconstitution is arising out of death/incapacitation of
the proprietor / partner(s) and incoming partner(s) {provided they all are
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
Old distributorship where distributorship agreements are not traceable although other
records like LOI, LOA, Reconstitution approval (Primary documents) or copy of RSL,
etc. (Secondary documents) are available with OMC / distributor which establish that
the distributorship had been awarded to the person(s) whose name is in such records
and such distributorship may be operated by the person(s) named in the documents or
through their legal heirs. In such cases, distributorship agreement can be signed with
such persons (if they are alive) or with their legal heir(s) after following due process of
reconstitution. An indemnity/affidavit shall be taken from the claimant / prospective
distributor indemnifying Corporation against claim on distributorship if the information
is found incorrect.
However, the basic documents like copy of LOI / LOA / copy of previous reconstitution
approval should be treated as primary documents. Only if these are not available, the
secondary documents like income tax returns, sales tax registration / returns, Retail
Selling License given by State Govt., other statutory licenses and official
correspondence should be taken into account for consideration.
In cases, where the primary documents are available and the Distributor (s) /
Partner(s) are alive, the concerned Area/Territory/Regional Office in-charge will be the
competent authority to accord approval and can sign new Distributorship Agreement.
In cases, where secondary documents are to be relied upon and the Distributor(s) /
Partner(s) are alive, the proposal shall be initially processed / scrutinized by the
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
In all other cases of above scenario, i.e., for cases where Distributor(s) / Partner(s)
have expired and their Legal heir(s) / Family member(s) are operating the Distributor
ship, in-principle approval shall be first accorded by the competent authority (as per
nature of documents relied upon) for recognizing the deceased Distributor (s) /
Partner(s) as the constituents of the Distributor ship firm. This in-principle approval
shall be taken as a reference point for processing further reconstitution of the
Distributor ship by inducting the Legal heir(s) / Family member(s) of the deceased
Distributor (s) / Partner(s) with or without induction of outside partner(s) as per
provisions made under clause nos. 3 & 4 of this policy.
4.2. Reconstitution proposal approved in past but distributorship agreements not yet
executed.
In cases where the proprietor/ partner(s) have expired since reconstitution, the
distributorship would be reconstituted with their legal heir(s) taking into consideration
the earlier approved Reconstitution proposal.
In such cases, the OMC would look into the reasons for non-execution of
Distributorship agreement. If conditional approval was given in the past for
reconstitution and the Distributorship Agreement could not be executed due to non-
compliance of the condition, the concerned Area/Territory/Regional Office in-charge
would assess the applicability of the condition under present situation and either get
the condition complied or obtain approval for waiver of the condition from competent
authority (authority who had earlier approved the conditional reconstitution proposal)
and execute the Distributorship Agreement.
If, reconstitution proposal was earlier approved and the Distributorship Agreement
could not be signed due to the death of proposed incoming proprietor / partner(s), the
last approved proposal shall be taken as a reference point for processing further
reconstitution of the Distributorship by inducting the Legal heir(s) / Family member(s)
of the deceased Distributor(s) / Partner(s) with or without induction of outside
partner(s) as per provisions made under clause nos. 3 & 4 of this policy. Competent
authority for such reconstitution will also be as per provisions made under clause nos.
3 & 4 of this policy.
There may be cases where reconstitution of the distributorship was not done after the
demise of the proprietor I partner(s) due to some reason and the legal heir(s) has been
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
operating the distributorship without any claim I dispute from other legal heirs for more
than a year. OMCs have also by their conduct recognized the operation of the
distributorship through such legal heir(s) and continued business with them. An
application should be taken from such legal heirs.
In such cases OMC concerned will issue a suitable notice in the newspaper in this
regard indicating that application has been received for reconstitution of the
distributorship in favour of claimants and seeking response/objection, if any, for such
reconstitution by the concerned legal heir(s) within a given time period as mentioned in
following paras.
In case no objection is received within the time period specified, the distributorship
would be reconstituted with the legal heir(s) operating the distributorship after taking
suitable indemnity from them. In case, if any objection is received from other legal
heirs, then the matter will be reverted back to the Legal heirs operating the
distributorship to resolve the issue within time to be specified. If the resolution is
not arrived at within the stipulated time, OMC would be free to take such action as
deemed fit, which may include termination of the Distributorship Agreement.
Legal heir(s) of signatories of last agreement should be identified. Legal heir(s) from
outside “family member(s)” will be considered only if the Will made by deceased
signatory has been probated by the competent court. In case of SC/ST candidates,
the Legal heir(s) will be considered only if they belong to the same category (except in
case of induction of Non SC/ST spouse / children). After identification of all Legal
heir(s), they will be invited by way of notice to apply for reconstitution of Distributorship
as per the prescribed format. This notice will be finalized in consultation with Law Dept.
The notice should also contain a copy of the prescribed format and details on eligibility
/ disqualification criteria as per Distributor Selection Guidelines in vogue.
In such cases concerned OMC will issue a suitable notice in the newspaper (cost of
notice to be borne by the Distributorship) indicating that application has been received
for reconstitution of the Distributorship in favour of the willing Legal Heir(s) and seeking
response/objection, if any, from any other Legal heir(s) for such reconstitution within a
time period of 30 days. Additionally, the Notice should be sent under Regd/AD Post to
the last known address of the proprietor/partner(s)/Legal heir(s). This notice will be
finalized in consultation with Legal/Law Deptt.
In case no objection is received within the time period specified, the proposal received
from the Legal heir(s) will be scrutinized by the Area/Territory/Regional Office in-
charge and put up to a three member committee, consisting of two officers from State /
Regional/ Zonal Office and the in-charge of concerned Area/Territory/Regional office of
IOC/BPC/HPC, as applicable, nominated by the State Head/Region Head/Zonal Head.
Recommendation of the committee should be forwarded to the State Head /Regional
Head /Zonal Head for final decision. New Distributorship agreement will be signed with
Distributor on approval after taking suitable indemnity from them.
In case where all Legal heir(s) fail to come to a common understanding within the
given time or fail to submit a suitable proposal to the satisfaction of the OMC, further
action should be initiated as per provisions made under clause no. 3.10 of this policy.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
There may be cases where distributorship is being operated by one or more partners
after exit/in prolonged absence (for more than 1 year) of partner(s) from the
distributorship, without approval of OMCs. The distributorship has been operating
without any claim/ dispute from the partner(s), who have exited from the distributorship
/have been absent for a very long time and OMCs have also by their conduct
recognized the operation of the distributorship through such remaining partner(s).
In such cases OMC concerned will issue a suitable notice in the newspaper in this
regard, at the cost to be borne by the distributorship, indicating that application has
been received for reconstitution of the distributorship in favour of claimants and
seeking response/objection, if any, for such reconstitution from the concerned
partner(s) I their legal heir (if the partner(s) have expired), within a given time period as
mentioned in following paras.
In case no objection is received within the time period specified, the distributorship
would be reconstituted with the remaining partner(s) operating the distributorship after
taking suitable indemnity from them.
The remaining partner(s) will be invited by way of notice to apply for reconstitution of
Distributorship as per the prescribed format. This notice will be finalized in consultation
with Law / Legal Dept. The notice should also contain a copy of the prescribed format
and details on eligibility / disqualification criteria as per Distributor Selection Guidelines
in vogue. The proposal received from the Partner(s) will be examined for processing
reconstitution of the Distributorship by the Area/Territory/Regional Office in-charge.
In such cases the OMC concerned will also issue a suitable notice in the newspaper
(cost of notice to be borne by the Distributorship) indicating that application has been
received for reconstitution of the Distributorship in favour of applicants and seeking
response/objection, if any, for such reconstitution from the concerned partner(s) / their
legal heir(s) (if the partner(s) have expired) within a time period of 30 days.
Additionally, the Notice should be sent under Regd/AD Post to the last known address
of the partner(s). This notice will be finalized in consultation with Legal / Law Deptt.
In case no objection is received within the time period specified, the proposal received
from the remaining partner(s) will be scrutinized by the Area/Territory/Regional Office
in-charge and put up to three-member committee, consisting of two officers from State
/ Regional/ Zonal Office and the in-charge of concerned Area/Territory/Regional office
of IOC/BPC/HPC, as applicable, nominated by the State Head/Region Head/Zonal
Head. Recommendation of the committee should be forwarded to the State Head
/Regional Head /Zonal Head for final decision. New Distributorship agreement will be
signed with Distributor(s) subject to approval by State Head /Regional Head /Zonal
Head and after taking suitable indemnity from the Distributorship.
In case where objection is received from absentee/exited partner(s) / their legal heir(s)
(if the partner(s) have expired)and/or in case the remaining partner(s) fail to submit a
suitable proposal to the satisfaction of the OMC, further action should be initiated as
per provisions made under clause no. 3.10 of this policy.
In case of any change in constitution done without prior written approval of the OMC
coming to notice, the revised set-up, if otherwise meeting all conditions/criteria related
20
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
21
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
4.6. NOTE:
4.6.1. For cases appearing under clause no. 4 it would be a one-time opportunity for
such distributors to make an application to OMC within a period of one year from
the date of the OMCs circulating this reconstitution guideline. This provision shall
not be applicable to terminated distributorships.
4.6.2. The applicable penal fee should be collected before execution of agreement.
4.6.3. After the expiry of the given period, if there is any such Distributorship which
requires reconstitution and proposals were not submitted within the above
mentioned time, action shall be taken as per the provision of Distributorship
Agreement including termination of distributorship
State Head/ Regional Head /Zonal Head of IOC/BPC/HPC, as applicable, will also
periodically review the progress and status of cases pending at different stages and
take corrective action to ensure at the earliest. Under no circumstances, any proposal
should remain pending with Corporation for more than 90 days.
6. GRIEVANCE REDRESSAL :
In case of any grievance in the matter of reconstitution, the applicant will submit his/her
petition to the LPG Head of State/Regional Head/Zonal Head of IOC/BPC/HPC, as
applicable, who will have the grievance investigated and dispose the case within a
period of one month’s time from the date of receipt of grievance.
This policy will be hosted on OMCs website along with application form and detailed
enclosures.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
1. The Reconstitution Policy must be read and understood fully. The application form complete
in all respects including processing fee must be submitted to the respective
Area/Territory/Regional Office of IOC/BPC/HPC, as applicable, preferably in person. If sent by
post/courier the same must be addressed to the respective Area/Territory/Regional Office in-
charge.
6. If the legal heir / family member of the deceased/incapacitated LOI holder does not possess
the minimum educational qualification in line with the distributor selection policy in vogue and
is proposing to become the proprietor/partner, then the Committee of Officers appointed by
the Corporation will verify whether such legal heir is able to read, write and count.
7. At an appointed date the incoming candidate(s) along with continuing/existing partner(s) have
to appear before the Committee along with the original documents copies of which were
submitted / required along with the application.
8. All the pages of the application along with the annexures to be signed / self-attested by the
incoming candidate(s) along with the existing incapacitated LOI holder, as applicable.
9. In case the legal heir / family member is a minor, then guardian proposing to operate the LPG
Distributorship is required to sign along with the minor nominee / legal heir / family member
wherever applicable and defined in the guidelines.
10. On communicating the ‘in principle’ approval for the re-constitution, the documentary
confirmation of the relevant formalities and legal compliance if any must be submitted to the
Area/Territory/Regional Office in-charge within 60 days.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
5. Draft copy of the dissolution deed of the existing partnership (if applicable)
*** Required only if the proposed legal heir of the deceased/incapacitated LOI holder is a minor.
Signature of existing LOI holder(s) Signature of the incoming partner(s)
(wherever applicable)
24
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-A1
APPLICATION FOR RE-CONSTITUTION AT LOI STAGE
Date : ____________
S. PARTICULARS DETAILS
NO.
1 Details of LOI / SELECTION
(a) Whether LOI / SELECTION is on sole Proprietorship / Partnership
proprietorship or partnership :
(b) Name of LOI holder / SELECTED
CANDIDATE:
(c) LOI / SELECTION reference & date :
(d) Location :
(e) Tehsil / Sub-Division / District :
(f) State :
(g) Category under which LOI was issued
/SELECTION DONE:
2 Details of existing / deceased / incapacitated LOI holder/ SELECTED CANDIDATE
26
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-B1
UNDERTAKING
"I/We the existing LOI holder of LOI no. _______________________, dated ____________ /
Selected Candidate ( Application ref no __________________ )issued by Indian Oil Corporation Ltd. /
Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. for Retail Outlet
Distributorship at ____________________, District : _____________, State _______________ along
with the proposed partner(s) hereby confirm that all the details furnished in the application are true to
the best of my/our knowledge. We also confirm that the re-constitution policy has been read and
understood by me/us. I/We confirm that the proposal for re-constitution is submitted consciously after
fully understanding the implications of the same."
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-C1
Whether continuing LOI Continuing LOI holder / Continuing LOI holder / Continuing LOI holder /
3 holder(s) / incoming Proprietor Incoming Proprietor / Incoming Proprietor / Incoming Proprietor /
/ Partner(s) Incoming Partner Incoming Partner Incoming Partner
Whether legal heir / family
4 member of deceased / Yes / No / NA Yes / No / NA Yes / No / NA
incapacitated LOI holder(s)
Whether incoming Proprietor /
5 Partner(s) is outside / within Outside / Within / NA Outside / Within / NA Outside / Within / NA
family
Category of continuing LOI
6 holder(s) / incoming Proprietor SC / ST / Others SC / ST / Others SC / ST / Others
/ Partner(s)
7 % share proposed
8 Address
9 District
10 State
11 PIN Code
12 Telephone / Mobile no.
13 e-mail Id
Educational qualification as on
14
date of application
15 Date of birth
16 Age as on date of application
17 Present occupation
18 PAN no.
Relationship details with
existing / deceased /
19
incapacitated LOI holder(s), if
any
20 Any other relevant information
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-D1
Notarized Affidavit
1 That I am an Indian Citizen and resident of India (as per Income Tax Rules).
3 * That I have passed the 10th Standard examination conducted by Board in the year y y y y
4 * That I am unmarried. That neither I, nor my Father, Mother, unmarried brother(s), unmarried sister(s) have
Distributorship/distributorship or hold Letter of Intent for Retail Outlet or SKO-LDO Distributorship or LPG
distributorship of any Oil Company except the subject LPG Distributorship for which Reconstitution is
proposed #.
OR
* That I am married and name of my spouse is __________________. That neither I nor my spouse,
unmarried son(s) / unmarried daughter(s) have Distributorship / distributorship or hold letter of Intent for Retail
Outlet or SKO-LDO Distributorship or LPG distributorship of any Oil Company except the subject LPG
Distributorship for which Reconstitution is proposed #.
OR
* That I am widow / widower. That neither I nor my unmarried son(s) / unmarried daughter(s) have
Distributorship/ distributorship or hold letter of Intent for Retail Outlet or SKO-LDO Distributorship or LPG
distributorship of any Oil Company except the subject LPG Distributorship for which Reconstitution is
proposed #..
OR
* That I am divorcee. That neither I , nor any of my unmarried son(s) / unmarried daughter(s) (whose custody
is given to me) have Distributorship/ distributorship or hold letter of Intent for Retail Outlet or SKO-LDO
Distributorship or LPG distributorship of any Oil Company except the subject LPG Distributorship for
which Reconstitution is proposed #.
5 That I hereby confirm that none of my family members (as per multiple Distributorship norms as defined in
Distributor Selection Guidelines of Oil Marketing Companies) are employees of Oil Marketing Companies.
7 That I am married and my name before marriage was ____________ and after my marriage to Shri
__________________________ has been changed to Smt.___________________________.
8 That I have never been convicted by any Court of Law for any criminal offences involving moral turpitude
and/or economic offences (other than freedom struggle).
9 That I hereby confirm that I was never a signatory to Distributorship/distributorship agreement of any Oil
29
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
Company, which was terminated for proven malpractices and / or for violations of provisions of the Marketing
Discipline Guidelines.
10 That I hereby confirm that I will not be taking up any other employment upon my appointment as a Distributor.
If I am already employed I will resign from the employment and produce the letter of acceptance of resignation
by the employer before the acceptance of Letter of Appointment issued by the Oil Company.
11 I hereby declare that I am neither employed in private sector nor drawing any salary/perks/emoluments from
State / Central Government. I also affirm that during the tenure of the Distributorship I will not draw any salary
/perks/emoluments from State / Central Government / Private Sector.
12 That presently I am not having any contract with any Oil Marketing Company as Service Provider/Labour
contractor/Job Contractor for any COCO RO
OR
That presently I am having a contract with an Oil Marketing Company as Service Provider/Labour
contractor/Job Contractor for one COCO RO (Name of COCO Location _________________,
Dist._______________, State ___________, Oil Company name______________________). I also know
that if I am appointed as a Distributor, I will have to terminate this contract before issuance of Letter of
Appointment.
* Strike off whatever is not applicable. # Strike off the portion in italics if not applicable.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing material
has been concealed there from.
Signature of Deponent
(Name in block letters)
Magistrate/Judge/Notary public
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-E1
(Applicable only in case of reconstitution cases where totally incapacitated LOI Holder is not in a position to
give consent due to physical condition - to be obtained at time of reconstitution at LOI Stage)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
*That, the percentage share out of all the partners in the above stated LOI as per Draft /
Proposed Deed of Partnership dated ________ is as indicated below;
31
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my
knowledge and nothing material has been concealed there from. If any
information/declaration given by me in this affidavit shall be found to be untrue or incorrect or
false, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd would be within its rights to withdraw the LOI or initiate suitable action as
deemed fit and that I would have no claim, whatsoever against Indian Oil Corporation Ltd. /
Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
for such withdrawal.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby
also indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims,
damages, suits or any other risks arising out of reconstitution of the above stated LOI.
32
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-F1
AFFIDAVIT / INDEMNITY BOND BY LEGAL HEIR(S) OR LOI HOLDER
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
That, Sri/Smt. _______________________, the above stated LOI holder expired / got totally incapacitated on
______________.
That, in view of death / total incapacitation and/or permanent disability of Sri/Smt. _________________________
issued LOI by Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. is requested to reconstitute the above stated LOI for LPG Distributorship at ____________________,
District : _____________, State _______________ as per the share out stated below;
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd would be within its rights to withdraw the LOI or initiate suitable action as deemed fit
and that I would have no claim, whatsoever against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation
Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such withdrawal.
I along with my heirs, successors, executors, assigns and administrators hereby also indemnify Indian Oil
Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) from
all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above stated LOI by inducting as the LOI holder / partner(s) in the LOI.
33
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-G1
AFFIDAVIT / INDEMNITY BOND BY MEMBERS OF “FAMILY UNIT” AND MARRIED CHILDREN OF
TOTALLY INCAPACITATED LOI HOLDER(S).
(Applicable only in case of reconstitution cases where totally incapacitated LOI Holder(s) is not in a
position to give consent due to physical condition - to be obtained at time of reconstitution at LOI Stage)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
That, the LOI Holder Sri/Smt. ___________________, got totally incapacitated on ______________ due to
____________________ and is not in a position to give his/her consent in respect of reconstitution of his/her
above stated LOI, owing to his/her physical condition.
That, I being the _________________ Sri/Smt. _______________________ is a member of his / her “Family
Unit”.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd would be within its rights to withdraw the LOI or initiate suitable action as deemed fit
and that I would have no claim, whatsoever against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation
Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such withdrawal.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also indemnify Indian
Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above stated LOI.
34
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-H1
AFFIDAVIT / INDEMNITY BOND BY LEGAL HEIR(S) OF LOI IN CASE LEGAL HEIR
CERTIFICATE IS NOT AVAILABLE.
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
I,____________________________________ son / daughter / wife of
______________________________ Age _____ years residing at __________________________
do hereby solemnly affirm and say as under;
*That, the percentage share out of all the partners in the above stated LOI as per Draft / Proposed
Deed of Partnership dated ________ is as indicated below;
That, Sri/Smt. _______________________, the LOI holder of the above stated LOI expired / got
totally incapacitated on ______________.
That, vide application no. _____________ dated __________, I have submitted an application /
petition to the Hon’ble Court at __________ for recognizing me as Legal heir of deceased / totally
incapacitated LOI holder Sri/Smt. _______________________, by issuing a Legal heir /Succession
Certificate. However, due to pending proceedings by the Hon’ble court, Legal /succession certificate
could not be issued till date. Further, it expected that the issuance of Succession Certificate will take
some more time.
35
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to
withdraw the LOI or initiate suitable action as deemed fit and that I would have no claim, whatsoever
against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) for such withdrawal.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LOI.
36
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
1. The Reconstitution Policy must be read and understood fully. The application form complete
in all respects including processing fee must be submitted to the respective
Area/Territory/Regional Office of IOC/BPC/HPC, as applicable, preferably in person. If sent by
post/courier the same must be addressed to the respective Area/Territory/Regional Office in-
charge.
3. Application processing fee: A non- refundable application processing fee of Rs. 25,000/- for
reconstitution, in the form of DD, in favors of Indian Oil Corporation Ltd. / Bharat Petroleum
Corporation Ltd. / Hindustan Petroleum Corporation Ltd., as applicable, and payable at the
Area/Territory/Regional Office location, will be payable along with the application as per the
Reconstitution policy, as applicable.
8. All the pages of the application along with the annexures to be signed/self- attested by all the
existing partner/s and incoming partner(s).
9. In case the nominee / legal heir / family member is a minor, then local guardian proposing to
operate the LPG Distributorship is required to sign alongwith the minor nominee / legal heir /
family member wherever applicable.
10. After receiving the “in principle” approval for the reconstitution, the documentary confirmation
and legal compliance must be submitted to the Area/Territory/Regional Office in-charge within
60 days.
37
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
4. Draft copy of the dissolution deed of the existing partnership (if applicable).
6. Letter of Acceptance from the local guardian to operate the Distributorship till the legal
heir becomes a major. (18 years)***
7. In case of incapacitation, copy of the Incapacitation Certificate issued by the Chief
Medical officer of the District Govt. Medical Hospital / Medical Board recognized by the
Govt.
8. Age Proof of local guardian *** :- Copy of any of the following (Birth Certificate, School
leaving certificate, Passport, Driving Licence, PAN Card, Self- Affidavit, Identity card
issued by Election Commission).
9. Proof of educational qualification of the local guardian: If not able to furnish, he/she
should be able to read, write & Count.
10. For induction of outside category partner in SC/ST Distributorship, incoming partner to
fill the new Distributorship form and submit alongwith relevant enclosures.
11. Copy of the latest audited balance sheet of the Distributorship
12. Recent certificate from Bank (issued within 3 months prior to the date of application)
giving the name(s) of account holders of the Distributorship as per bank account
13. Total no. of Pages enclosed
*** Required only if the proposed legal heir of the deceased/incapacitated Proprietor/Partner(s) of existing Distributor is a
minor.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-A2
(b)
Name of Address Telephone / e-mail ID
Proprietor/partner(s) Mobile no.
39
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
40
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
Total % share
proposed for
partner(s) of other
category
8 Brief reasons for the proposed
reconstitution :
9 Name(s) of continuing Proprietor /
Partner(s) / incoming partner(s): (if more Name of continuing Proprietor / % of
than one partner is proposed, details as Partner(s) share
indicated below has to be given for each proposed
partner indicating the % share out
proposed). If the legal heir(s) is/are minor,
then the details of the local guardian who
will be operating the Distributorship till
the legal heir(s) becomes a major, is to be Name of incoming Proprietor / % of
furnished along with that of the minor Partner(s) share
legal heir(s). proposed
(wherever applicable)
41
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-B2
UNDERTAKING
42
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-C2
DETAILS OF CONTINUING PROPRIETOR / PARTNER(S) / INCOMING PROPRIETOR / PARTNER(S) FOR
RECONSTITUTION OF COMMISSIONED DISTRIBUTORSHIP
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE – D2
Notarized Affidavit
1 That I am an Indian Citizen and resident of India (as per Income Tax Rules).
3 * That I have passed the 10th Standard examination conducted by Board in the year y y y y
4 * That I am unmarried. That neither I, nor my Father, Mother, unmarried brother(s), unmarried sister(s) have
Retail Outlet/SKO-LDO Dealership/LPG Distributorship or hold Letter of Intent for Retail Outlet or SKO-LDO
Distributorship or LPG distributorship of any Oil Company except the subject Distributorship for which
Reconstitution is proposed #.
OR
* That I am married and name of my spouse is __________________. That neither I nor my spouse,
unmarried son(s) / unmarried daughter(s) have Retail Outlet/SKO-LDO Dealership/LPG Distributorship or hold
Letter of Intent for Retail Outlet or SKO-LDO Distributorship or LPG distributorship of any Oil Company except
the subject Distributorship for which Reconstitution is proposed #.
OR
* That I am widow / widower. That neither I nor my unmarried son(s) / unmarried daughter(s) have Retail
Outlet/SKO-LDO Dealership/LPG Distributorship or hold Letter of Intent for Retail Outlet or SKO-LDO
Distributorship or LPG distributorship of any Oil Company except the subject Distributor Distributorship
for which Reconstitution is proposed #..
OR
* That I am divorcee. That neither I , nor any of my unmarried son(s) / unmarried daughter(s) (whose custody
is given to me) have Retail Outlet/SKO-LDO Dealership/LPG Distributorship or hold Letter of Intent for Retail
Outlet or SKO-LDO Distributorship or LPG distributorship of any Oil Company except the subject Distributor
Distributorship for which Reconstitution is proposed #.
5 That I hereby confirm that none of my family members (as per multiple Distributorship norms as defined in
Distributor Selection Guidelines of Oil Marketing Companies) are employees of Oil Marketing Companies.
7 That I am married and my name before marriage was ____________ and after my marriage to Shri
__________________________ has been changed to Smt.___________________________.
8 That I have never been convicted by any Court of Law for any criminal offences involving moral turpitude
and/or economic offences (other than freedom struggle).
9 That I hereby confirm that I was never a signatory to Distributorship/distributorship agreement of any Oil
Company, which was terminated for proven malpractices and / or for violations of provisions of the Marketing
Discipline Guidelines.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
10 That I hereby confirm that I will not be taking up any other employment upon my appointment as a distributor.
If I am already employed I will resign from the employment and produce the letter of acceptance of resignation
by the employer before the acceptance of Letter of Appointment issued by the Oil Company.
11 I hereby declare that I am neither employed in private sector nor drawing any salary/perks/emoluments from
State / Central Government. I also affirm that during the tenure of the Distributorship I will not draw any salary
/perks/emoluments from State / Central Government / Private Sector.
12 That presently I am not having any contract with any Oil Marketing Company as Service Provider/Labour
contractor/Job Contractor for any COCO RO
OR
That presently I am having a contract with an Oil Marketing Company as Service Provider/Labour
contractor/Job Contractor for one COCO RO (Name of COCO Location _________________,
Dist._______________, State ___________, Oil Company name______________________). I also know
that if I am appointed as a Distributor, I will have to terminate this contract before issuance of Letter of
Appointment.
* Strike off whatever is not applicable. # Strike off the portion in italics if not applicable.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing material
has been concealed there from.
Signature of Deponent
(Name in block letters)
Magistrate/Judge/Notary public
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-E2
*That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed of
Partnership no. _________ dated ________ is as indicated below;
That, in case of my death or in case of any serious illness/accident which may lead to my total incapacitation
and/or permanent disability, which will disable me to work or follow any occupation or profession, I hereby
nominate Sri/Smt. _______________________________ son / daughter / wife of
______________________________ Age _____ years residing at __________________________ as my
appointed nominee(s).
That, in case of my death or total incapacitation and/or permanent disability, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. will be in its rights to reconstitute the above
stated LPG Distributorship by inducting my appointed nominee(s) Sri/Smt.
_______________________________ son / daughter / wife of ______________________________ in the LPG
Distributorship firm by allotting my share in the above stated LPG Distributorship firm to my appointed nominee(s)
as indicated below;
Name of the Nominee(s) Address % Share out If nominee is minor, name and
proposed address of person who will act as
Guardian
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Limited would be within its rights to take suitable action
as deemed fit including termination and that I would have no claim, whatsoever against Indian Oil Corporation
Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such
termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also indemnify Indian
Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above stated LPG Distributorship by inducting my appointed nominee(s) as Proprietor/partner(s).
Signature of Deponent (Proprietor/Partner)
(Name in block letters)
Witnessed by other Partner(s)
(Name in block letters)
46
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-F2
*That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed of
Partnership no. _________ dated ________ is as indicated below;
That, Sri/Smt. _______________________, has appointed me as his/her nominee vide affidavit dated
_________.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Limited would be within its rights to take suitable action
as deemed fit including termination and that I would have no claim, whatsoever against Indian Oil Corporation
Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such
termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also indemnify Indian
Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above statedLPG Distributorship by inducting me as Proprietor/partner.
47
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-G2
That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed of
Partnership no. _________ dated ________ is as indicated below;
That, Sri/Smt. _______________________, who is my partner in the above stated LPG Distributorship had
appointed Sri/Smt. __________________ son / daughter / wife of _____________________________ Age
_____ years residing at __________________________ as his/her nominee vide affidavit dated _________.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd would be within its rights to take suitable action as deemed fit including termination
and that I would have no claim, whatsoever against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation
Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also indemnify Indian
Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above stated LPG Distributorship by inducting Sri/Smt. _________________ as partner in the Distributorship.
48
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-H2
That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed
of Partnership no. _________ dated ________ is as indicated below;
Or
Or
In view of above, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd. is requested to reconstitute the above stated Distributorship as per share
holding indicated below;
49
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
50
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-I2
Or
Or
That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed
of Partnership no. _________ dated ________ is as indicated below;
That, Sri/Smt. _______________________, the partner of the above stated LPG Distributorship
expired / got totally incapacitated on ______________.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-J2
(Applicable only in case of reconstitution cases where there is no NOCs from Legal Heir(s)
who are not eligible to become Distributor(s) - to be obtained at time of reconstitution)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
Or
That, the percentage share out of all the partners in the above stated LPG Distributorship as per Deed
of Partnership no. _________ dated ________ is as indicated below;
That, Sri/Smt.___________________ who is also the Legal heir of deceased / totally incapacitated
proprietor/partner Sri/Smt. _______________________, is not eligible to become a distributor as per
eligibility criteria / disqualification criteria of LPG Distributorship Selection Guidelines in vogue.
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
54
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-K2
That, as per copy of Selection panel dated __________________ / LOI no. ______________ dated __________
/ LOA no. _______________ dated ______________ / copy of reconstitution approval no. _______________
dated ________________, I/we am/are the proprietor/ partners in the above mentioned LPG Distributorship as
per the following approved constitution;
Or
That, as per copy of copy of income tax return for the period __________ / sales tax registration no.
___________ and/or sales tax returns for the period _____________ / RSL dated ______________ or (any other
record / correspondence) I/we am/are the proprietor/ partners in the above mentioned LPG Distributorship as per
the following approved constitution;
That, the Distributorship Agreement of the above stated LPG Distributorship is not traceable.
In view of above, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd is requested to take cognizance of the above stated Primary / Secondary documents and
execute a fresh Distributorship Agreement as per the constitution stated hereinabove.
That, I hereby verify that what has been stated above is true and correct to the best of my knowledge and nothing
material has been concealed there from. If any information/declaration given by me in this affidavit shall be found
to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd would be within its rights to take suitable action as deemed fit including termination
and that I would have no claim, whatsoever against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation
Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also indemnify Indian
Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd. (as applicable)
from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of reconstitution of the
above stated LPG Distributorship.
55
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-L2
(Applicable in case where reconstitution have not been done due to non-availability / authenticity of legal
heir(s) but is being operated by proclaimed legal heir(s))
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
That, as per Distributorship Agreement dated _____________________ the following are the approved
proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, Sri/Smt. ________________________expired / got totally incapacitated on __________ and since them I
and Sri/Smt. __________________ son / daughter / wife of _____________________ Age _____ years
residing at _____________________ who are the Legal heirs of Sri/Smt. _______________________ has been
peacefully and without dispute running the above stated Distributor Distributorship as per shareholding indicated
below since ____________, without obtaining prior approval from Indian Oil Corporation Ltd. / Bharat Petroleum
Corporation Ltd. / Hindustan Petroleum Corporation Ltd.;
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd is
requested to take cognizance of the above and condone the mistake committed by us and reconstitute the above
stated LPG Distributorship by inducting me/us as per the shareholding indicated above.
That, I/we further confirm to have gone through and fully understood various clauses of the Distributorship
agreement and would fully comply by the same in future.
That, I/we undertake to take full responsibility of our actions in the past and verify that what has been stated
above is true and correct to the best of my knowledge and nothing material has been concealed there from. If any
information/declaration given by me in this affidavit shall be found to be untrue or incorrect or false, Indian Oil
Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its
rights to take suitable action as deemed fit including termination and that I would have no claim, whatsoever
against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) for such termination.
I/we along with my/our heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of
reconstitution of the above stated LPG Distributorship and for our actions in the past.
56
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-M2
That, as per Distributorship Agreement dated _____________________ the following are the approved
proprietor/ partners of the RO Distributorship as per shareholding indicated below;
That, Sri/Smt. ________________________ had exited the LPG Distributorship / is absent from the RO
Distributorship since _____________, without obtaining any prior approval from Indian Oil Corporation Ltd. /
Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
That, I/we have been peacefully and without dispute running the above stated Distributor Distributorship as per
shareholding indicated below since ____________, without obtaining prior approval from Indian Oil Corporation
Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.;
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd is
requested to take cognizance of the above and condone the mistake committed by us and reconstitute the above
stated LPG Distributorship by inducting me/us as per the shareholding indicated above.
That, I/we further confirm to have gone through and fully understood various clauses of the Distributorship
agreement and would fully comply by the same in future.
That, I/we undertake to take full responsibility of our actions in the past and verify that what has been stated
above is true and correct to the best of my knowledge and nothing material has been concealed there from. If any
information/declaration given by me in this affidavit shall be found to be untrue or incorrect or false, Indian Oil
Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its
rights to take suitable action as deemed fit including termination and that I would have no claim, whatsoever
against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) for such termination.
I/we along with my/our heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of
reconstitution of the above stated LPG Distributorship and for our actions in the past.
57
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-N2
(Applicable in case where constitution is currently in line with approved set up and past deviations have
been rectified)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
That, as per Distributorship Agreement dated _____________________ the following are the approved
proprietor/ partners of the RO Distributorship as per shareholding indicated below;
That, the constitution of the LPG Distributorship was changed by me/us on _____________ without obtaining
prior approval of the Corporation, however subsequently I/we have restored the constitution of the firm to its last
approved setup as per the Distributorship Agreement effected on ________.
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd is
requested to take cognizance of the above and condone the mistake committed by us and allow rectification /
restoration of the constitution of the above stated LPG Distributorship to its’ earlier approved constitution (set-up)
of the Distributorship.
That, I/we further confirm to have gone through and fully understood various clauses of the Distributorship
agreement and would fully comply by the same in future.
That, I/we undertake to take full responsibility of our actions in the past and verify that what has been stated
above is true and correct to the best of my knowledge and nothing material has been concealed there from. If any
information/declaration given by me in this affidavit shall be found to be untrue or incorrect or false, Indian Oil
Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its
rights to take suitable action as deemed fit including termination and that I would have no claim, whatsoever
against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) for such termination.
I/we along with my/our heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of
reconstitution of the above stated LPG Distributorship and for our actions in the past.
58
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-O2
That, as per Distributorship Agreement dated _____________________ the following are the approved
proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, without obtaining prior approval of the Corporation, the constitution of the above stated LPG Distributorship
was changed by me/us on _____________ by inducting Sri/Smt.__________________ son / daughter / wife of
_____________________ Age _____ years residing at _____________________ as partner(s) with
shareholdings as indicated below;
Name of partner(s) of current Son / Daughter / wife of Within family / % Share Out
constitution Outside family
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd is
requested to take cognizance of the above and condone the mistake committed by me/us and reconstitute the
above stated LPG Distributorship as per the shareholding indicated above.
That, I/we further confirm to have gone through and fully understood various clauses of the Distributorship
agreement and would fully comply by the same in future.
That, I/we undertake to take full responsibility of our actions in the past and verify that what has been stated
above is true and correct to the best of my knowledge and nothing material has been concealed there from. If any
information/declaration given by me in this affidavit shall be found to be untrue or incorrect or false, Indian Oil
Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its
rights to take suitable action as deemed fit including termination and that I would have no claim, whatsoever
against Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) for such termination.
I/we along with my/our heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd.
(as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any other risks arising out of
reconstitution of the above stated LPG Distributorship and for our actions in the past.
59
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-P2
AFFIDAVIT / INDEMNITY BOND BY MEMBERS OF “FAMILY UNIT” AND MARRIED CHILDREN
OF TOTALLY INCAPACITATED DISTRIBUTOR(S).
(Applicable only in case of reconstitution cases where there is no nominee(s) and totally
incapacitated Distributor(s) is not in a position to give consent due to physical condition - to
be obtained at time of reconstitution)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
* That, as per Distributorship Agreement dated _____________________ the following are the
approved proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, Sri/Smt. ___________________, who is the proprietor/partner of the above stated LPG
Distributorship got totally incapacitated on ______________ due to ____________________ and is
not in a position to give his/her consent in respect of reconstitution of his/her above stated LPG
Distributorship, owing to his/her physical condition.
60
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
61
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-Q2
AFFIDAVIT / INDEMNITY BOND BY LEGAL HEIR(S) OF DISTRIBUTOR(S)
(Applicable only in case of reconstitution cases where Legal Heir(s) have applied for
Succession Certificate but have not been able to obtain it due to pending court proceedings -
to be obtained at time of reconstitution)
Notarized Affidavit
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
* That, as per Distributorship Agreement dated _____________________ the following are the
approved proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, Sri/Smt. _______________________, the proprietor / partner of the above stated LPG
Distributorship expired / got totally incapacitated on ______________.
That, vide application no. _____________ dated __________,I have submitted an application /
petition to the Hon’ble Court at __________ for recognizing me as Legal heir of deceased / totally
incapacitated proprietor / partner Sri/Smt. _______________________, by issuing a Succession
Certificate. However, due to pending proceedings by the Hon’ble court, succession certificate could
not be issued till date. Further, it expected that the issuance of Succession Certificate will take some
more time.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
63
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-R2
AFFIDAVIT / INDEMNITY BOND BY OUTGOING PROPRIETOR/PARTNER(S) LIVING OUTSIDE
COUNTRY
(Applicable only in case of reconstitution cases where outgoing partner living outside country
cannot attend meeting of existing/incoming proprietor/partner(s) at Area/Territory/Regional
Office - to be obtained at time of reconstitution)
Affidavit
* That, as per Distributorship Agreement dated _____________________ the following are the
approved proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, vide docket no. _____________ dated __________, an application have been submitted for
reconstituting the above mentioned LPG Distributorship as indicated below;
That, vide letter no. ______________ dated ___________, the Area/Territory/Regional Office in-
charge of Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. has advised me to attend the meeting of existing/in-coming proprietor/partner(s) at
_______________ on ________________.
That, due to _________________, I will not be to attend the above stated meeting.
That, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. is requested to approve the reconstitution proposal submitted vide docket no.
___________ and reconstitute the above LPG Distributorship at ____________________, District :
_____________, State _______________ as per the share out stated below;
64
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
65
DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
ANNEXURE-S2
AFFIDAVIT / INDEMNITY BOND BY OTHER EXISTING/INCOMING PARTNER(S) LIVING IN INDIA
(Applicable only in case of reconstitution cases where outgoing partner living outside country
cannot attend meeting of existing/incoming proprietor/partner(s) at Area/Territory/Regional
Office - to be obtained at time of reconstitution)
Affidavit
* That, as per Distributorship Agreement dated _____________________ the following are the
approved proprietor/ partners of the LPG Distributorship as per shareholding indicated below;
That, vide docket no. _____________ dated __________, an application have been submitted for
reconstituting the above mentioned LPG Distributorship as indicated below;
That, vide letter no. ______________ dated ___________, the Area/Territory/Regional Office in-
charge of Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. has advised me along with Sri/Smt. ______________________ to attend the
meeting of existing/in-coming proprietor/partner(s) at _______________ on ________________.
That, due to _________________, Sri/Smt __________________ has informed that he/she will not
be able to attend the above stated meeting.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
That, Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. is requested to approve the reconstitution proposal submitted vide docket no.
___________ and reconstitute the above LPG Distributorship at ____________________, District:
_____________, State _______________ as per the share out stated below;
I hereby verify that what has been stated above is true and correct to the best of my knowledge and
nothing material has been concealed there from. If any information/declaration given by me in this
affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd. / Bharat
Petroleum Corporation Ltd. / Hindustan Petroleum Corporation Ltd would be within its rights to take
suitable action as deemed fit including termination and that I would have no claim, whatsoever against
Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum Corporation
Ltd. (as applicable) for such termination.
I along with my heirs, nominees, successors, executors, assigns and administrators hereby also
indemnify Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan Petroleum
Corporation Ltd. (as applicable) from all acts, disputes, costs, losses, claims, damages, suits or any
other risks arising out of reconstitution of the above stated LPG Distributorship.
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DETAILED GUIDELINES FOR RECONSTITUTION OF LPG DISTRIBUTORSHIP 2018
APPENDIX-I
To,
M/s ________________________
(Name & Location of Distributorship)
Sub
We are in receipt of your proposal wherein you have confirmed that the constitution of the
Distributorship was changed by you without obtaining prior approval of the Corporation, and now you
have made a request for approving the same set-up with induction of partner(s) from within Legal
heir’s / family members / blood relative / outside partners.
You have further confirmed to have gone through and fully understood various clauses of the
Distributorship Agreement and would fully comply by the same in future.
The Corporation has taken cognizance of the above mistake committed at your end and in view of
your request for condoning the same, and the proposal meeting the extant guidelines, would like to
convey the approval now.
Further, you are hereby warned that such changes in the constitution without prior approval of the
Corporation are against the policy guidelines and in case of any further instance, we would be
constrained to take suitable action against the Distributorship as per policy in vogue and relevant
clauses of the Distributorship Agreement.
The above is issued without any prejudice and in order to protect marketing interests of the
Corporation.
Thanking you.
Yours faithfully,
For & On behalf of Indian Oil Corporation Ltd. / Bharat Petroleum Corporation Ltd. / Hindustan
Petroleum Corporation Ltd.
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