(1) These rules may be called the Explosives Rules, 1983.
(2) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide G.S.R. 248 (E), dated 2nd March, 1983, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 2nd March, 1983.
In these rules unless the context otherwise requires,—
(1) “Act” means the Explosives Act, 1884 (4 of 1884);
(2) “authorized explosives” means an explosive included in a list of authorized explosives published by the Central Government from time to time in the Official Gazette;
(3) “Chief Controller” means Chief Controller of Explosives;
(4) “competent person” means a person recognized by the Chief Controller to be a competent person or a person who holds a certificate of competency in the job in respect of which competency is required from an Institution recognised by the Chief Controller in this behalf;
1[(4A) “Compressor mounted motor truck or tractor” means a compressor mounted on mechanically propelled motor truck or tractor for transport of explosives to blasting site for use in well sinking;]
(5) “Conservator” includes any person acting under the authority of the officer or body of persons appointed to be conservator of a port under section 7 of the Indian Ports Act, 1908 (15 of 1908);
(6) “Controller” includes Joint Chief Controller of Explosives, Deputy Chief Controller of Explosives 2[Controller of Explosives and Deputy Controller of Explosives];
3[(6A) “Departmental Testing Station” means the testing station of the Department of Explosives of the Central Government;]
(7) “detonator” means a small tube of aluminium or copper or other materials approved by the Chief Controller—
(a) one end of which is closed and the other—
(i) left open for the insertion of safety fuse for the purpose of initiating explosion within the tube; or
(ii) fitted with wires or other device for that purpose and sealed;
(b) which is loaded with a charge of initiating explosives, the charge being so designed as to produce an explosion that would communicate to other tube similarly constructed and charged;
4[(7A) “District Authority” means—
(a) in towns having a Commissioner of Police, the Commissioner or a Deputy Commissioner of Police;
(b) in any other place, the District Magistrate];
(8) “Form” means a Form specified in Schedule V;
(9) “licensable capacity” in relation to a magazine means 5[the] capacity of the magazine reckoned on the basis of the floor area and required safety zone all round such magazine;
(10) “licensed factory” means a factory in respect of which a licence issued under the rules is in force;
(11) “licensed magazine” means a magazine in respect of which a licence issued under these rules is in force;
(12) “licensed store house” means a store house in respect of which a licence issued under these rules is in force;
(13) “magazine” means a building specially constructed in accordance with a design approved by the Chief Controller and intended for storage of more than 5[5] kg. of explosives;
(14) “permitted explosives” means authorised explosives which are permitted by the 5[Director General of Mines Safety] to be used in underground coal mines;
(15) “prohibited explosives” means explosives which are prohibited by the Central Government under section 6 of the Act;
(16) “protected works” includes—
(a) buildings in which persons dwell, work or assemble, college, school, hospital, theatre, cinema house, factory, place of storage of hazardous substances, 6[***];
(b) any public road or railway line or navigable waterways 4[or dams and reservoirs];
5[(c) overhead trunk high tension power lines; but does not include footpath, cart tracks not in regular use, agricultural wells and pump sets connected therewith];
(17) “safety cartridge” means a cartridge for small arms having diameter not exceeding 2.5 cms. the case of which can be extracted for the small arms after firing and which is so closed as to prevent any explosion in one cartridge being communicated to other cartridges;
(18) “safety fuse” means a fuse for igniting charges of other explosives which burn and does not explode and which does not contain its own means of ignition, and which is of such strength and constructions and contains an explosive in such quantity that the burning of such fuse would not communicate laterally with other like fuse;
(19) “safety zone” means the zone necessary for the maintenance of the distances required under the conditions of a licence to be kept clear between any licensed factory shed, magazines or store house and protected works;
(20) “Schedule” means a Schedule annexed to these rules;
(21) “small arm nitro-compound” means nitro-compound adapted and intended exclusively for use in cartridges for small arms;
(22) “storehouse” means a building other than a magazine for storage of certain types of explosives;
(23) “testing officer” means such officer as the Central Government may appoint in this behalf;
(24) “transport” means movement of explosives from one place to another by land, sea or air in India but does not include movement of explosives within a licensed factory;
(25) “transfer” 7[***] with its grammatical variations and cognate expressions, includes letting on hire, lending, giving, and parting with possession;
(26) “van” means a mechanically propelled vehicle for transport of explosives by land.
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1. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
2. Subs. by G.S.R. 41 (E), dated 15th January, 1988 (w.e.f. 18-1-1988).
3. Ins. by G.S.R. 467 (E), dated 3rd July, 2002 (w.e.f. 3-7-2002).
4. Ins. by G.S.R. 41 (E), dated 15th January, 1988 (w.e.f. 18-1-1988).
5. Subs. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
6. Omitted by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
7. Omitted by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
—(1) For the purpose of these rules explosives shall be classified in the manner specified in Schedule 1.
(2) If any explosive falls within the limits of more than one class as defined in Schedule I, it shall be deemed to belong exclusively to the last in number of such classes.
(1) Explosives are divided into four categories according to the risks which they present when initiated, namely:—
(i) Category X—Those explosives which have a fire or a slight explosion risk or both but the effect of which will be local.
(ii) Category Y—Those explosives which have a mass fire risk or a moderate explosion risk, but not the risk of mass explosion.
(iii) Category Z—Those explosives which have a mass explosion risk and major missile effect.
(iv) Category ZZ—Those explosives which have a mass explosion risk and minor missile effects.
(2) If any question arises as to whether any explosive belongs to Category X, Category Y, Category Z or Category ZZ, the matter shall be referred to the Chief Controller whose decision shall be final.
No person shall import, export, transport, manufacture, possess, use or sell any explosive which is not an authorised explosive:
Provided that nothing in this rule shall apply to the manufacture and possession for test and trial purposes and not for sale of a new explosive composition under development at a place specially approved for the purpose by the Chief Controller in a licensed factory.
(1) Any person desirous of including an explosive in the list of authorised explosive shall apply by submitting an application therefor to the Chief Controller.
(2) The application submitted in accordance with sub-rule (1) shall be in writing and accompanied by following particulars:—
(a) the nature and composition of the explosive;
(b) the limiting percentage of each ingredient of the explosive;
(c) any substitute or substitutes for any specified ingredient;
(d) in the case of new explosive to be manufactured in India, the process by which it is proposed to carry out its manufacture;
(e) where an explosive is enclosed in a case or other contrivance, the dimension of the case or other contrivance, the quantity, nature and brand of explosive contained therein, the method of function and performance, characteristics of the explosive and instructions governing the use of the case or other contrivance;
(f) the box wrapping or other container in which the explosive will be handled, used or displayed or otherwise distributed including the markings thereon; and
(g) the package in which the explosive will be transported and stored including the markings thereon.
(3) When, in the opinion of the Chief Controller, an explosive in respect of which an application is made may properly be considered for authorisation, the Chief Controller shall instruct the applicant as to the samples required and the manner 1[for forwarding the same to the Departmental Testing Station], or to any other authority specified by the Chief Controller in this behalf.
(4) No person shall send a sample of an explosive unless such person has first received the instructions referred to under sub-rule (3).
(5) No person shall send a sample of an explosive otherwise than in accordance with instructions given by the Chief Controller under sub-rule (3).
(6) (i) Samples forwarded under sub-rule (3) shall be subjected to such of the tests enumerated in clause (ii) of this rule as are necessary having regarded to the nature and type of explosive submitted to ensure that the explosive is capable of being safely manufactured, handled, stored, transported and used.
(ii) The tests referred to in clause (i) pertains to—
(a) physical properties including consistency, reaction, tendency to absorb moisture, segregation in transport or otherwise of the constituents, exudation, behaviour at low temperatures, specific gravity and such other physical properties as may be considered necessary;
(b) chemical composition—determination of the percentage composition of the ingredients forming the explosive, and the quality of the ingredients employed in its manufacture;
(c) stability—determination of stability after subjection to such varying environmental conditions as would tend to produce spontaneous ignition or variation in sensitiveness of an explosive;
(d) ignition characteristics—ignition point, behaviour on ignition, liability to spontaneous ignition, behaviour on ignition in bulk;
(e) mechanical sensitiveness—determination of sensitiveness to friction and impact;
(f) air gap sensitivity and transmission of detonation;
(g) velocity of detonating;
(h) determination of strength;
(i) composition of gases evolved upon explosion;
(j) such other tests as the Chief Controller may specify.
(7) An explosive tested in accordance with sub-rule (6) shall be declared by the Central Government on recommendation of Chief Controller to be an authorised explosives, if it is satisfied that such an explosive can be safely manufactured, handled, stored, transported and used.
(8) Authorisation issued by the Central Government under sub-rule (7) in respect of any imported explosive shall be valid for one year from the date of authorisation, provided that foreign manufacturer certifies that there has been no change in the composition or any other characteristics of the explosives.
(9) The Chief Controller may 1[on his own accord or on the request of a licensee, subject any explosive to tests enumerated in sub-rule (6) to verify the approved composition and characteristics of the explosive at the Departmental Testing Station]. As a result of the tests or otherwise if the Chief Controller is satisfied that the explosive is no longer safe for manufacture, handling, storage, transport or use, may recommend deletion of such explosive from the authorised list.
2[(9A) The fees charged for testing of explosives whenever samples are forwarded to the Departmental Testing Station under sub-rule (3) or sub-rule (9) shall be as specified in rule 176A.]
(10) The Chief Controller, on completion of the testing of an explosive, in pursuance of sub-rule (6) shall advise the Central Government in writing—
(a) whether or not the explosive should be declared to be an authorised explosive; and
(b) where the explosive is declared to be an authorised explosive, the class including any division and sub-divisions within which the explosive falls.
(11) (i) The Chief Controller shall maintain a list of authorised, explosives showing—
(a) the brand or trade name of the explosive;
(b) the name and address of the manufacturers;
(c) the class, including any division and sub-divisions thereof, within which each explosive falls; and
(d) the safety distance category and the corresponding United Nation’s classification number and division.
(ii) A list of authorised explosives that, by licence or permit, are authorised to be manufactured in, or imported into India shall be published by the Central Government from time to time.
(12) No alteration in the composition, limiting percentage of ingredients or substitute ingredients the process of manufacture, the description and construction of the case or the contrivance as declared in accordance with clauses (a), (b), (c), (d), and (e) of sub-rule (2) shall be carried out without prior approval of the Central Government:
Provided that the Chief Controller may order fresh test to be carried out if the proposed alteration in the percentage composition, nature of ingredients, process of manufacture or construction of the case or contrivance of the explosive are likely to change the results of the original test prescribed in this rule.
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1. Subs. by G.S.R. 467 (E), dated 3rd July, 2002 (w.e.f. 3-7-2002).
2. Ins. by G.S.R. 467 (E), dated 3rd July, 2002 (w.e.f. 3-7-2002).
(1) No person shall deliver or despatch any explosive to any one other than a person who—
(a) is the holder of a licence to possess the explosives or the agent of a holder of such a licence duly authorised by him in writing in this behalf; or
(b) is entitled under these rules to possess the explosives without a licence.
(2) The explosives so delivered or despatched shall in no case exceed the quantity which the person to whom they are delivered or despatched is authorised to possess with or without a licence under these rules.
(3) (i) No person shall receive explosive from any person other than the holder of a licence granted under these rules.
(ii) No person shall receive from or transfer explosives to any person for a temporary storage or safe custody in a licensed premises unless prior approval is obtained from the Chief Controller.
(1) No person shall import, tender for transport, cause to be transported, possess or sell any explosive unless 1[***]—
2[(a) it is packed in the manner laid down in Schedule II];
(b) a sample of the container or package for each explosive has been tested and approved by the Chief Controller;
(c) the container or package is marked in accordance with rule 9 of these rules:
Provided that nothing in this rule shall apply to explosives in the process of manufacture.
(2) An explosive which is not an authorised explosive but which is required to be transported for purposes of test in connection therewith be packed in such manner as may be directed by the Chief Controller with reference to such explosive.
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1. Omitted by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
2. Subs. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
(1) The outer package shall be marked in conspicuous indelible characters, by means of a stamping, embossing or painting with—
(a) the word “EXPLOSIVES”;
(b) the name of the authorised explosive;
(c) the number of the class and the division to which it belongs;
(d) the safety distance category of explosive;
(e) the name of the manufacturer;
(f) the name of the consignor and consignee; and
(g) the net weight of explosives:
Provided that in the case of safety fuse or fireworks, the word “EXPLOSIVES” and the number of the Class and Division may be omitted.
(2) In the case of explosives used for charging for blasting, viz., explosives of Class 2 or such other explosives of Class 3 Division 1 or such other explosives of Class 4 which contain liquid nitro-compound explosive, the date of manufacture and batch number shall be added.
(3) In the case of explosives of Class 2 and Class 3, each of the cartridges containing explosives shall be painted or embossed legibly on it with,—
(a) the word “EXPLOSIVES”;
(b) the name of explosive;
(c) weight of explosives;
(d) diameter of the cartridge;
(e) name of manufacturer; and
(f) in case of permitted explosive, the letter ‘P’.
(4) In the case of fireworks, a caution or warning indicating the method of firing and precautions to be taken shall be printed on each piece of fireworks and where adequate space is not available on the fireworks, such caution or warning may be printed on a separate label and inserted in the smallest packet or carton.
The weight of explosives when referred to in these rules shall not include the weight of the packing box in which the explosives are packed:
Provided that in case of explosives of the 6th (Ammunition) Class or 7th (Fireworks) Class the weight shall be deemed to be the weight of the completed article inclusive of the case or contrivance in which the explosive is contained.
Every person holding or acting under a licence granted under these rules shall, whenever explosives are loaded, unloaded or handled, depute a competent person experienced in the handling of explosives to be present at and to conduct the operations in accordance with these rules.
(1) The floor or any place or any carriage or vessel in which any explosive is or is to be laid and the ground gangway, decks and other places over which the explosive is to be conveyed during loading or unloading shall be—
(i) carefully examined to ensure that there is nothing thereon in contravention of these rules or likely to endanger the safety of the consignment; and
(ii) thoroughly cleaned and swept before and after use.
(2) The packages containing the explosives shall not be thrown or dropped down or rolled or pulled along the ground or floor but shall be passed from hand to hand and carefully deposited and stored.
(3) Where a package is to be slung, due precaution shall be taken to sling it in such a manner as effectively to prevent the possibility of a fall.
(4) After the handling of explosives has commenced, the operations shall proceed with due diligence and without unnecessary stoppage.
No person shall handle or cause to be handled any explosive between the hours of sunset and sunrise:
Provided that nothing in this rule shall apply to handling of explosives during the dark hours if proper illumination is provided in the area and the place is guarded.
No person shall smoke, and no fires, lights or articles or substances of a flammable nature or liable to spontaneous ignition, or to cause or communicate fire or explosion such as acids, petroleum, carbide of calcium, compressed gases or such other hazardous substances, shall be allowed—
(a) at any time within 15 metres from a place where an explosive is stored; or
(b) at any place where an explosive is handled, during transport one hour before and during such handling:
Provided that nothing in this rule shall apply to the use on a ship of—
(i) an engine room fire, if such fire has been previously carefully banked up, or
(ii) any artificial light or ship’s signal lights or of a type approved in writing by the Chief Controller in areas outside port limits and by the Conservator of the Port within port limits.
No person on, in, or near any place where explosives are stored or handled or on any carriage conveying explosives shall—
(a) have in his possession any matches, fuses or other appliances for producing ignition or explosion or any knives or other articles made of iron or steel; or
(b) wear boots or shoes with iron nails or shod or strengthened with iron, unless such boots or shoes are covered with leather, rubber, felt or other material, in the form of overshoes or otherwise.
If any explosive escaps from the package in which it is contained, or is split, such explosive shall immediately be carefully collected and destroyed as provided in these rules.
No person shall employ, allow or engage a person—
(a) who has not completed the age of 18 years; or
(b) who is in a state of intoxication; or
(c) who is of unsound mind,
for manufacture, storage, sale, loading, unloading or transport of explosives or to enter any premises licensed under these rules.
(1) In the case of any explosive which is liable to be dangerously affected by water, due precautions shall, at all times, be taken to prevent water from coming in contact with such explosive.
(2) Packages containing explosives shall not be allowed to remain in the sun or exposed to excessive heat:
Provided that nothing in sub-rule (2) shall apply to sun-drying of gunpowder or fireworks or drying of explosives in a licensed factory under controlled conditions.
(1) No person shall commit or attempt to commit any act which may tend to cause a fire or explosion in or about any place where an explosive is manufactured, stored or transported:
Provided that nothing in this sub-rule shall apply to any act which is necessary for the purpose of the manufacture, storage or handling during transport of any explosive or any article present therein.
(2) Every person possessing explosives and every person in charge of or engaged in the import, export, manufacture, sale, transport or handling, of explosives shall, at all times—
(a) comply with provisions of these rules and the conditions of any licence relating thereto;
(b) observe all due precautions for the prevention of thefts and of accidents by fire or explosion;
(c) prevent unauthorised person from having access to the explosives;
(d) prevent any other person from committing any such act as is prohibited under sub-rule (1).
Notwithstanding anything contained in these rules, no person shall transport without approval of Chief Controller—
(a) Nitro-glycerine or Ethylene glycol dinitrate or any explosives of Class 5 in any vehicle in any quantity, except within the licensed factory solely for the purpose of manufacture of explosives;
(b) any explosive that is not authorised explosives or any explosive which is deteriorated or is in a damaged condition.
(1) No person shall import or export any explosive except under and in accordance with the conditions of a licence granted under these rules.
(2) No licence shall be granted for import or export of any explosives, unless—
(a) the explosive is an authorised explosive;
(b) the explosive, if of the 3rd (Nitro compound) class or 4th (Chlorate mixture) class is certified in Form I by the testing officer to have passed the tests specified in Schedule II; and
(c) the explosive is certified to have passed such analysis or examination, if any, as the Chief Controller or the Customs Collector at his discretion by order in writing, may require in order to determine its composition or condition.
(3) No person shall be granted an import or export licence unless he is the holder of a licence for possession in a magazine or a store house authorised for the class and quantity of explosives intended to be imported or exported.
(4) Notwithstanding anything contained in sub-rule (3) the explosives in quantities exceeding the licensed capacity indicated in the licence may be imported with prior permission of the Chief Controller provided adequate advance arrangements are made by the importer to distribute directly from the port of import, the explosives to the other licensed magazine or licensed store houses.
(1) No explosive shall be imported or exported by sea except at the ports of Bombay, Cochin, Calcutta at Diamond Harbour, Madras, Tuticorin or Visakhapatnam:
Provided that exports only of explosives in such quantities as may be specified by the Chief Controller, may be done at the ports of Kandla and Mormugao.
(2) The quantities of explosives, manner of handling during discharge from or loading into a ship shall be carried out in accordance with the provisions of rules regulating the handling of explosives at the ports of Bombay, Calcutta and Madras issued under the Act and respective port rules and bye-laws.
A person holding an import licence granted under these rules shall furnish a declaration—
(a) in Form 14 to the Chief Controller as soon as ship carrying explosives sails from the port of loading;
(b) in Form 15 as soon as any shipment of explosives is cleared from the port of import.
(1) The master of every ship carrying explosives or the agent for such ship shall give the Conservator of the Port not less than 48 hours’ notice of its intended arrival at the port.
(2) The master of every ship carrying explosives shall deliver to the pilot before entering any port, a written declaration in Form 2 under his signature:
Provided that if in anticipation of a ship’s arrival the agent for such ship delivers to the Conservator of the Port a written declaration as aforesaid under his signature, no such declaration need be made by master of the ship.
(3) Every declaration delivered to a pilot under sub-rule (2) shall be made over by him without delay to the Conservator of the Port and all declarations received by the Conservator of the Port shall be forwarded by him, with all convenient despatch to the Customs Collector of the port.
(1) The exporter or his authorised agent shall give the Conservator of the Port not less than 48 hours’ notice of his intention to bring explosives to port for export and shall not bring the explosives to any part of the port without prior permission in writing from the said officer.
(2) The exporter or his authorised agent shall produce before the conservator of a Port—
(a) licence granted under these rules for export of explosives in question;
(b) a certificate issued by exporter to the effect that the explosives have been packed and marked in accordance with these rules and are safe for transport by sea.
(1) When the master of, or the agent for, a ship has made declaration required under Rule 24, such officer as the Customs Collector of the port may authorise in this behalf shall go on board the vessel and obtain samples of all such explosives as is intended to land at the port and are required by or under these rules to be tested, analysed or examined.
(2) The master shall deliver to the officer referred to in sub-rule (1), without charge samples of all the explosives of which samples are required to be taken under that sub-rule. One sample consisting of at least two cartridges shall be drawn from a group of cases, having the same batch number and same date of manufacture. The samples if the sampling officer so requires, shall be taken from particular package indicated by him.
(3) If the taking of any samples under sub-rule (1) involves the opening of any case such case shall, before it is opened, be removed to an isolated position at a safe distance from any place where consignments of explosives are stored.
(1) The officer taking a sample of any explosives under Rule 26 shall affix to it the name of the ship, the name of the consignee, name of the explosive and such other distinguishing marks, as he may think necessary and shall forward it to the testing officer without delay.
(2) In the case of a Nitro-compound or a Chlorate mixture the date and batch number referred to in sub-rule (2) of Rule 9 shall also be affixed to the sample.
(1) The testing officer shall test, analyse or examine, as the case may be, the samples and shall without delay forward to the Customs Collector a certificate in Form I in duplicate under his signature certifying, whether the explosives have satisfied the prescribed tests, analysis or examination.
(2) The Customs Collector shall as soon as practicable, and ordinarily within 24 hours after receipt of the report of the testing officer forward a copy each of the certificate in Form I to the Chief Controller and the Controller of the area having jurisdiction.
(1) No imported explosives shall be permitted to be landed by the Customs Collector except with the prior permission of the Chief Controller or the Controller duly authorised in this behalf who shall issue such permission if the explosives have satisfied the prescribed tests, analysis or examination and after making such other enquiries as considered necessary.
(2) If the Customs Collector, after receiving the permission under sub-rule (1) and the licence for import of such explosives under these rules and after making such further enquiries as he deems necessary, is satisfied that the explosives can lawfully be imported he shall permit it to be landed.
(3) Nothing in this rule shall affect the power of Customs Collector to design the explosives under any other law for the time being in force.
(4) The imported explosives shall be removed from the port premises by the importer as expeditiously as possible.
No licence for import or export of explosives shall be granted without the previous sanction in each case, of the Central Government and under such conditions and restrictions as it may impose in consultation with Chief Controller.
(1) No explosives shall be imported or exported by air except at the ports of Bombay, Delhi, Calcutta and Madras or any other International airport authorised for this purpose by the Central Government from time to time
(2) Any explosive which is not included in Schedule VI shall not be imported or exported by air.
(3) A person holding licence for import or export of explosives by air or his authorised agent shall give a declaration well in advance before bringing the explosives into the airport to the Officer Incharge of the Airport, Collector of Customs and the Chief Controller giving full particulars of the explosives intended to be imported or exported.
(4) No person shall bring explosives to the airport for export by air without prior consent in writing of the Officer Incharge of the Airport.
(5) Proper arrangements shall be made by the importer to take direct delivery of the imported explosives and remove the same as expeditiously as possible from the airport.
(6) Explosives meant for export shall be brought to the airport after making proper arrangements and only after the aircraft is ready for loading explosives and explosives so brought to the airport shall be loaded directly into the aircraft.
(7) If for any unforeseen circumstances explosives brought to the airport cannot be removed from the airport or loaded into the aircraft such explosives shall be stored in an isolated shed under guard as directed by the Officer Incharge of the Airport and all due precautions against theft, fire or explosion, shall be taken.
.—(1) No person shall transport explosives except under and in accordance with the conditions of a licence granted under these rules :
Provided that nothing in this sub-rule shall apply to—
(i) the transport of any explosives within the licensed factory or from the licensed factory to the licensed magazine or store house situated within the licensed factory;
(ii) the transport of any explosives imported under a licence in Form 27 from the place of import to the place of destination specified in the licence for import of explosives;
(iii) the transport of any explosives for the possession of which no licence is necessary (see rule 144);
(iv) the transport by the holder of a licence in Form 23 of any of the explosives covered by his licence in such quantity as he may require for his private use;
(v) the transport of safety fuse and fireworks provided the same are not transported with any corrosive or flammable material;
1[(vi) the transport by the holder of a licence in Form 40 for any of the explosives and in quantities covered by the licence.]
(2) Every consignment of explosives transported under licence shall be accompanied by a pass issued by the consignor in Form 16.
(3) Such pass shall be attached to the way-bill, invoice or despatch note as the case may be.
(4) A copy of every pass issued under sub-rule (2) shall forthwith be sent by the consignor to—
(i) the licensing authority who issued the licence for transportation of explosives;
(ii) the Controller of Explosives in whose jurisdiction the place from which the consignment is sent is situated;
(iii) the Controller of Explosives in whose jurisdiction the place to which the consignment is sent is situated.
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1. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
Any explosives of 5th (Fulminate) class or detonator or any other explosives of 6th (Ammunition) class containing its own means of ignition or initiation, or an explosive of 7th (fireworks) class shall not be transported in the same carriage, or save as provided in Rule 49 in the same vessel and shall not be coveyed or handled with any explosives not of the class and division to which it belongs:
1[Provided that nothing in this rule shall apply to transport of explosives of class 2 and/or class 3, safety fuse, detonating fuse and detonators in a compressor mounted motor truck or tractor covered under a licence in Form 40.]
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1. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
.—(1) Before transporting or tendering for transport an explosive of 3rd (Nitro-compound) class or of the 4th (Chlorate mixture) class, the consignor shall attach to the consignment a valid certificate in Form 1 or certified copy thereof granted by testing officer.
(2) The certificate referred to in sub-rule (1) shall be valid for a period of 12 months from the date on which it was granted:
Provided that in the case of explosives containing nitro-glycerine which are not used as propellants, such certificate shall lapse on the 31st July following and fresh certificate may, at the discretion of the Railway Administration concerned, be demanded for explosives to be transported by rail during the period from 1st April to 31st July if the original certificate has been granted earlier than 30th of September preceding.
Save as otherwise expressly provided in these rules, no explosive shall be transported in any carriage, vessel or aircraft plying for or carrying passengers on hire.
The quantity of explosives transported shall not exceed—
(i) 10 tonnes or half the carrying capacity of a Railway wagon whichever is less;
(ii) 10 tonnes or the maximum carrying capacity of a road van licensed under these rules by a Regional Transport Authority, whichever is less, in any one carriage other than a Railway wagon:
Provided that if the explosives to be transported is of 2nd class, the quantity of explosives shall not exceed 15 tonnes or the maximum carrying capacity of the van, whichever is less;
(iii) one tonne in any animal drawn carriage;
(iv) 22.5 tonnes in any one boat;
(v) quantity specified in Schedule IV in any one aircraft.
(1) No person shall despatch any explosives to a carrier other than the Railway Administration for the purpose of transport.
(2) No person shall despatch any explosives to the Railway Administration for the purposes of transport unless—
(a) he has given the Station Master a notice in writing—
(i) of his intention to tender such explosives;
(ii) certifying that the explosives have been packed and marked in accordance with Rules 8 and 9.
(iii) stating the true name, description and quantity of explosives to be transported;
(b) he has received a reply and intimation in writing from the Station Master that he is prepared to receive the explosives for immediate despatch;
(c) he has received a confirmation from the consignee regarding readiness to receive explosives as authorised under these rules.
(3) No person shall bring, send or forward to, or upon any Railway any explosives which a Railway administration has, by any notice of regulation for the time being in force, notified that it will not receive.
(1) Every explosive shall be loaded and unloaded at a safe distance from the station building, passenger platforms, dwelling houses, factories, public buildings and other buildings or places where persons assemble or any flammable or other hazardous goods are stored or handled.
(2) Every explosive intended for transport by road whether under a licence or otherwise shall be loaded only near a licensed magazine, licensed store house or other licensed premises.
(3) Loading of explosive after sunset within a licensed factory may be carried out upto 22.00 hours at a well illuminated place approved by the Chief Controller.
(4) Nothing in Rule 13 and sub-rule (1) shall apply to any operations connected with the transport of explosives by passenger train or by a “pick up van” or goods train used for the transport of small consignments or in the brake van of mixed train.
No explosives shall be brought to any place of loading until the carriage or vessel or aircraft into which it is to be loaded is at that place in readiness to receive it.
(1) A carriage other than a railway carriage or vessel or aircraft transporting explosives shall at all times be in charge of, and constantly attached by competent person experienced in the handling of explosives and appointed by the owner of such carriage or aircraft or master of the vessel. Such person shall supervise all loading or unloading operations and shall take all due precautions in regard to explosives until completion of the receipt and storage or discharge thereof.
(2) The person in charge of a carriage or aircraft or vessel shall not drive, conduct or manoeuvre such carriage or vessel or aircraft in a dangerous or negligent manner.
(1) No carriage or aircraft or vessel shall be used for transporting explosives unless all iron or steel therein with which a package containing any explosive is likely to come in contact is effectually covered with lead, leather, wood, cloth or other suitable material.
(2) Where the weight of the explosives transported in any carriage exceeds 1000 kgs. they shall be placed in the interior of the carriage which shall be enclosed on all sides with wood or metal so as effectually to protect the explosives from communication of fire and the carriage shall be locked.
(3) Where the weight of explosives transported in any vessel exceeds. 1000 kgs. they shall be placed in the hold of the vessel which shall have a closed deck and closely fitting hatches and double water tight bulk heads shall be provided at each end of the hold where the explosives are stowed and the hatches shall be locked.
(4) Where the explosives carried in carriage or vessel do not exceeds 1000 kgs. in weight, the explosives shall, unless they are conveyed in the manner specified in sub-rule (2) or sub-rule (3), as the case may be, be completely covered with fire proof cloth tarpaulin or any other suitable material so as effectually to protect the explosives from communication of fire.
(5) All doors, hatches and coverings of every compartment or hold containing explosives in or on any carriage or vessel shall be kept closed and secured except when explosives are being loaded or unloaded into, on to or from it.
(6) When explosives are being carried in or on a carriage or aircraft or vessel, they shall be kept away from anything whether in the carriage or vessel or elsewhere that would be liable to cause them to ignite or explode.
If the quantity of explosives transported in any carriage or vessel exceeds 2.5 kgs., the person or persons in charge of such carriage or vessel shall not stop or delay at any place for a longer time than may be reasonably necessary, not stop unnecessarily at any place where such stopping would be attached with danger to public
Before any repairs or alterations are commenced in any 1[part of a carriage or vessel] in which explosives are being, or have been transported, all due precautions should be taken to remove all such explosives, or any remnants thereof, and the space in such carriage or vessel in which such explosives have been carried shall be thoroughly washed out to ensure that no remnants of explosives remain therein.
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1. Subs. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
Nothing contained in Rules 35,40 and 41 shall apply to the transport of manufactured fireworks in the custody of a person entitled to possess them without a licence under rule 14 provided that not more than 2.5 kgs. of manufactured fireworks, securely packed, shall be so transported in any motor vehicle licensed for conveyance of more than six passengers.
Where the explosives in two or more carriages, other than motor vehicles or in two or more boats, travelling in any company exceed the maximum quantity in Rule 36 for any one carriage or boat, such carriages or botas shall not approach within 50 metres of one another:
Provided that—
(a) nothing in this rule shall apply to the transport of explosives by rail;
(b) the Conservator of the Port may waive the requirement within the limits of a port if in his opinion it is impracticable to secure compliance within this rule.
No explosive shall be loaded on or unloaded from a ship within the limits of a port unless 48 hours’ notice in writing of the intended time and place of such operation has been given to the Coservator of the Port.
No explosive shall be loaded on or unloaded from any ship—
(a) unless the engine room fires have been previously carefully banked up, and all other fires and lights extinguished;
(b) while the ship is attached to or alongside of any steam vessel or steam tug unless the engine room fire of such steam vessel or steam tug, have previously been carefully banked up and all other fires and lights have been previously extinguished:
Provided that nothing in this rule shall prevent the employment of an artificial light or ship’s signal lights of a type approved in writing by the Chief Controller in areas outside the port limits and by the Conservator of the Port within the port limits:
Provided further that a steam tug may be employed at the port of Madras to place boats alongside a ship carrying explosives or to remove them but no loading or unloading operations shall be carried on so long as a tug is within a distance of 50 metres from the ship.
No explosive shall be stowed in a ship except in accordance with regulations contained in the Merchant Shipping Carriage of Dangerous Goods Rules, 1978 (Annexure I).
Any authorised explosives satisfying the requirements of clauses (b) and (c) of sub-rule (2) of Rule 21 may be transported in a properly constructed magazine on a trade passenger ship to which Part VIII of the Merchant Shipping Act, 1958 (44 of 1958—Annexure II) applies being a home trade ship as defined in clause (16) of section 3 of the said Act:
Provided that—
(a) the consignor satisfies the certifying officer referred to in section 243 of the Merchant Shipping Act, 1958 (44 of 1958)—(Annexure II) that no other means of conveying the explosives are available;
(b) the magazine complies in all respects with the specifications for magazines in ships laid down by the Board of Trade and is approved by the Surveyors of the Mercantile Marine Department;
(c) the explosives are packed and marked in accordance with these rules;
(d) detonators are not carried in the same hold as other explosives; and
(e) the hold containing the magazine does not contain any other hazardous or flammable goods at any time during which the magazine is in use for the carriage of explosives.
(1) The following explosives may be carried in a passenger vessel, namely:—
(a) any explosives not exceeding 2.5 kgs. in weight other than a fulminate (Class 5), ammunition containing its own means of ignition (Class 6, Division 3) or fireworks (Class 7); and
(b) detonators not exceeding 200 in number and certified in writing the licensee not to contain in the aggregate more than 225 gms. explosives:
Provided that—
(i) previous notice is given to the person in charge of the vessel in which the explosive is intended to be conveyed;
(ii) all the precautions are taken to prevent accidents by fire or explosion;
(iii) detonators are not carried in the same compartment as other explosives.
(2) Nothing in Rules 13, 40, sub-rule (5) of Rule 41, Rules 47, 51 to 54 and 57 shall apply to explosives carried in a passenger vessel under sub-rule (1).
(1) Every vessel having explosives on board and entering a port shall be anchored at such anchorage as the Conservator of the Port shall appoint in this behalf and shall not leave such anchorage without the general or special order of the Conservator of the Port and subject to such conditions as may be specified in the order.
(2) Such anchorage shall in no case be the same as that for vessels laden with petroleum and shall be at such distance from the anchorage for vessels laden with petroleum as to render it impossible for a fire originating at the former anchorage to affect vessel anchored at the latter.
Every vessel having explosives on board exceeding 50 kgs. in weight shall while approaching or leaving a port and during the time that it remains within the limits of the port or on any inland water exhibit conspicuously—
(a) between sunrise and sunset a red flag not less than 1 metre square, and
(b) between sunset and sunrise a single red light visible all round the horizon.
Every vessel wholly or partly laden with explosive shall lie singly and be kept at a distance of at least 50 metres from any other vessel except during the actual transhipment of explosives, when one best may lie alongside on each side of a ship, boat or floating magazine and two ships may lie alongside each other.
No vessel having any explosive on board shall lie alongside any vessel, floating magazine, quay wharf, jetty land or landing stage except for the purposes of loading or unloading and then only during the time necessary for the actual loading or unloading of such vessel and shall proceed on its voyage without delay except such delay as may be unavoidable in consequence of tide or weather.
No explosives exceeding 450 kgs. in weight and no detonators shall be loaded or unloaded while a vessel is underway.
Explanation.—A vessel is ‘underway’ when she is not at anchor or moored or made fast to the shore or a ground.
Explosives shall within the limits of a port, be loaded from, landed at, brought into or deposited upon, only such quay or other place as the Conservator of the Port may by general or special order, direct.
A cushion properly stuffed with oakum and covered with leather, or one of such other kind as the Conservator of the port may from time to time approve, shall be used in shipping an explosive in any vessel or in landing it upon any wharf or other landing place within the limits of a port.
(1) Ships arriving in a port with explosives intended to be landed at the port shall discharge them with all reasonable despatch, and ships taking explosives on board shall proceed to sea with all reasonable despatch.
(2) No ship or boat shall retain on board any cargo of explosives and remain in the port for a period longer than three days:
Provided that the Conservator of the Port in consultation with Chief Controller may extend such period under such conditions as deemed fit if he is satisfied that such extension of period is considered necessary.
(1) No boats shall be used for the transport of explosives exceeding 1,000 kgs. in weight except under and in accordance with the conditions of the licence granted—
(a) by the Conservator of the port in the case of a boat plying within the limits of a port, or
(b) by an officer appointed by the Central Government in this behalf in the case of a boat plying in areas outside port limits.
(2) The licence shall specify the maximum quantity of explosives the boat is authorised to carry which quantity shall be fixed in consultation with the Chief Controller.
(3) Every licence granted under sub-rule (1) shall remain valid for a period of—
(a) four months in the case of a boat plying within the limits of a port; and
(b) one year in the case of a boat plying in areas outside port limits.
(4) The licence referred to in sub-rule (1) shall be granted or renewed in such form and on payment of such fees as may be specified by the Central Government.
(5) A copy of every licence granted in sub-rule (1) shall be forwarded to the Chief Controller.
(6) Every person in charge of any boat licensed under sub-rule (1) shall, when required so to do by an officer mentioned in rule 179 produce the licence of such boat for inspection.
(1) Every boat carrying explosives within the limits of a port shall carry on deck a buoy with a rope 27 metres length and 7.50 cms. diameter, one end of the rope being attached to the buoy and the other end to the boat. The rope shall be attached to such part of the boat as is most clear of spars gear or other obstruction and at such point as is approved by the licensing authority under Rule 59.
(2) The buoy shall be a drum painted red measuring not less than 55 cm. in length and 35 cms. in diameter, properly strapped with an iron band in the middle and having a ring attached for securing the rope.
The following shall not be permitted on board any boat which has explosives on board
(i) fire or light of any description other than the warning light referred to in Rule 52;
(ii) smoking;
(iii) any substance of an inflammable nature or liable to spontaneous ignition;
(iv) any substance liable to cause or communicate fire or explosion;
(v) any other cargo, unless the carrying of such other cargo, has been specially authorised in writing by the Conservator of the Port within Port limits or by Chief Controller in areas outside port limits:
Provided that nothing in this rule shall apply to the transport of explosives in a mechanically propelled boat subject to such conditions as may be specified by the Chief Controller.
No explosives other than safety fuse and fireworks shall be transported by rail except in a van specially constructed for the carriage of explosives and of a type approved by the Chief Controller and the Railway Board
(1) On each side of every railway carriage containing any explosive there shall be affixed in conspicuous characters by means of a securely attached label or otherwise the word “Explosives”.
(2) Nothing in sub-rule (1) shall apply in a carriage containing explosives transported in accordance with the provisions of clause (b) of Rule 64 or Rule 69.
Notwithstanding anything contained in Rule 62, the following explosives may be transported by any train other than a passenger or mixed train in a carriage not carrying any article or substance liable to cause or communicate fire or explosion:—
(a) any quantity of safety fuse for blasting;
(b) any other explosive approved by the Chief Controller for the purpose of this rule provided such explosive is packed in metallic cases or cylinders which fulfil all the requirements of these rules and are of a pattern approved by the Railway Administration and the Chief Controller.
Every railway carriage containing explosives shall be placed as far away as practicable from the engine and shall be close coupled to the adjoining carriages not loaded with explosives or other articles or substances or flammable or hazardous nature, provided that—
(a) on the Darjeeling-Himalayan Railway carriages containing explosives need not be close-coupled;
(b) on the Nilgiri and Karaikal-Peralam Railways, only one carriage need intervene between the engine and carrriages containing explosives;
(c) on the electrified section of Railway when trains are hauled by electric locomotives, no carriages need intervene between the engine and the carriage containing explosives.
Not more than 5 carriages containing explosives shall at any one time be loaded or unloaded at or on any railway station or wharf and not more than 10 carriages containing explosives shall be attached to or transported by any one train.
No explosive shall be transported by any passenger or mixed train.
Notwithstanding anything containing in Rule 67, any explosive may be transported by a mixed train in vans specially approved under Rule 62 on any line or section on which goods trains are not running subject to the following conditions:—
(a) Not more than 3 such vans containing explosives shall be hauled at any one time.
(b) There shall be not less than 3 carriages between the vans containing explosives and the engine and between such vans and the passenger carriages.
(c) The vans containing explosives shall be close-coupled to the adjoining carriages and to each other.
(d) Immediately on entering on any section upon which goods trains are running, the vans containing explosives shall be detached from the mixed train.
Notwithstanding anything contained in Rules 62 and 67, the following explosives may be transported by passenger or mixed trains:—
(i) Safety fuses for blasting.
(ii) Explosives of the 3rd (Nitro-compund) class, other than propellants, in the form of cartridges not exceeding in the aggregate 2.5 kgs. in weight, provided no detonators are carried in the same compartment.
(iii) Detonators to the number of 200 if the amount of explosives in the package or package containing detonators does not exceed in the aggregate 225 gms.
Provided—
(a) a certificate to such effect is tendered by the consignor; and
(b) no other explosive is carried in the same compartment.
(iv) Sporting powders and propellants packed in double packages prescribed in Schedule II, provided—
(a) the explosive is contained in tin canisters containing not more than 5 kg. each packed in a stout wooden case with a completely spark-proof outer cover of tin or zinc or in a metal case or cylinder of a pattern approved by the Chief Controller;
(b) no outer case contains more than 12.5 kg. of explosives; and
(c) the total consignment by one train does not exceed in the aggregate 37.5 kgs.
Consignments of explosives intended to be transported by rail shall be received only—
(a) by a servant authorised by the Railway Administration concerned to receive dangerous goods; and
(b) at such times between sunrise and sunset and at such place within railway premises as the Railway Administration may specify in this behalf.
No shunting of carriages containing explosives shall be carried out on any railway save under the superintendence of duly authorised officer who shall be responsible that—
(a) when the train is being marshalled, carriages loaded with explosive shall not be shunted by a locomotive unless they are separated from any engine by not less than three carriages containing no explosive or easily inflammable substance;
(b) during the shunting of carriage containing explosive, the speed of all movements shall not exceed 8 kilometres an hour; and
(c) no loose shunting takes place.
(1) Packages containing any explosive shall be removed by the consignee from the station, wharf or depot of the railway to which they have been transported as soon as practicable and with all due diligence after arrival.
(2) If the packages are not removed within the twelve hours of daylight following their arrival the packages and contents may be forthwith returned to the consignor at his risk and expense.
(3) Every package containing an explosive shall, until removed, returned or despatched be kept in a safe place under the special direction of the Station Master at a safe distance from the station buildings under the police guard if necessary and shall be completely covered with tarpaulins or other suitable material.
(
1) Where a Railway Administration suspects that an explosive or carriage or package containing an explosive does not comply with any of these rules, the Administration may—
(a) prevent the entry of such explosive, carriage or package upon their premises or refuse to receive or transport them; or
(b) at any time open or require such carriage or package to be opened to ascertain the facts.
(2) If any explosive or any carriage or package containing explosives is found not to comply with any of these rules, the Railway Administration may return such explosives, carriage or package to the consignor at his risk and expense.
(3) Where any explosive or any carriage or package containing explosive not complying with these rules connote in the opinion of the Railway Administration be returned to the consignor under sub-rule (2) without under risk the Administration may, in consultation with the Chief Controller and in such manner as he may specify, destroy at the consignor’s risk and expense the explosives or the contents of the carriage or package.
No explosives shall be carried otherwise than by rail across any railway bridge where reasonable facilities for the transport thereof by rail are afforded by the Railway Administration:
Provided that nothing in this rule shall apply to—
(a) safety fuses for blasting in any quantity; or
(b) gunpowder or nitro-compound not exceeding 5 kgs. or any quantity of ammunition, Class 6, Divisions 2 and 3.
(1) No person shall transport or cause to be transported any explosive on any road within the limits of a municipality or cantonment where such road is specially prohibited for plying vehicles carrying explosives.
(2) Nothing in sub-rule (1) shall apply to—
(a) any explosive of 7th (fireworks) class, or safety fuse; or
(b) other explosives not exceeding 5 kgs. in weight.
No person shall transport or cause to be transported any explosives in a road van or compressor mounted motor truck/tractor unless such vehicle is licensed under these rules to carry explosives. The road van shall meet the requirements laid down in specification 1 and compressor mounted motor truck/tractor as laid down in specification 2 or 8 of Schedule VII and shall be approved by Chief Controller of Explosives ;
Provided that nothing in this rule shall apply to transport of safety fuse and fireworks]
2. Substituted by Notification No GSR483(E) dated 08.07.2002 for the following :-
76. Licence for road vans.No person shall transport or cause to be transported any explosives in a road van unless such vehicle is licensed under these rules to carry explosives.
Provided that nothing in this rule shall apply to transport of safety fuse any fireworks.
(1) No explosive shall be transported by any carriage which is not a road van: Provided that any explosive may be transported by any carriage, which is not a road van 1[or compressor mounted motor truck/tractor] if the distance from the place of loading to the place of destination does not exceed 10 km. And the following conditions are complied with:
(a) the transport of explosives is restricted to the period between sunrise and sunset;
(b) the explosives are accompanied by at least two able-bodied guards;
(c) a red flag is displayed on each cart;
(d) the packages containing explosives are suitably covered by a tarpaulin, and secured.
(2) Nothing in sub-rule(1) shall apply to transport of safety fuse or fireworks.
(1) The person incharge of loading explosives in or into a vehicle or aircraft for carriage shall ensure that the explosives are stowed in such a manner that—
(a) during normal course of transport they will not move and will be protected against friction and bumping; and
(b) should it become necessary to unload any of the explosives, those remaining can be restowed with as little disturbance as possible.
(2) No person shall load or unload explosives on or from a licensed vehicle, except when the engine of the vehicle is stopped, the wheels choked and the hand-brake applied.
No person shall transport explosives in any towed vehicle or tow any vehicle transporting explosives.
No other goods shall be carried with explosives in any vehicle:
Provided that not more than 1000 kgs. of fireworks may be carried along with other goods not being flammable and hazardous in nature.
(1) After the loading or unloading of explosives in or from any such vehicle is commenced, the operation shall not be stopped until completed and shall be completed as expeditiously as possible.
(2) No bale hooks or other metal tools shall be used for the loading, unloading or handling of packages containing explosives nor shall any package or container of explosives be thrown or dropped during such operation.
(3) The vehicle shall be regularly checked to see that—
(a) the fire extinguishers are filled and in working order;
(b) the electric wiring is completely insulated and firmly secured;
(c) the fuel tank and feed lines have no leaks;
(d) the chassis, engine, inside and bottom of the body are clean and free from surplus oil and grease;
(e) the brakes and steering apparatus are in good condition; and
(f) the spare tyre and wheel are in a fixed position.
(4) Explosives shall not be loaded on or in a vehicle unless the vehicle has been periodically serviced in accordance with the instructions specified in the service manual by the manufacturer of the motor vehicle.
(5) The fuel tank of a vehicle carrying or containing an explosive shall not be filled except in case of necessity, in which case the engine shall be stopped, the ignition shut-off and the tank filled only at a place where filling is not a danger to the public safety. The driver of the road van shall supervise filling of fuel tank keeping a fire extinguisher ready by his side.
(6) The driver or operator of a vehicle carrying or containing an explosive shall not stop unnecessarily or for a longer period than is reasonably required; stoping at places where the public safety would be endangered shall be avoided:
Provided that where a road van transporting or containing explosives is parked over night due to the reasons beyond the control of licensee or the driver, the premises in which the van is parked --
(a) shall not be used for any purpose that might give rise to the presence therein of an open flame, matches or any substance or article likely to cause explosion or fire;
(b) shall be away from any habitation or any godown containing articles of a flammable nature or other hazardous goods:
Provided further that the nearest police station shall be informed about the location and temporary parking of the van.
(7) The driver or operator of any vehicle carrying or containing an explosive shall not drive or conduct the same in a dangerous or reckless manner.
(8) Routes passing through centres of dense habitation shall, as far as possible, be avoided.
(9) A road van while transporting explosives shall always be attended to by at least one able-bodied person (in addition to the driver) who is capable of looking after the vehicle.
(10) When there is a convoy of two or more vehicles transporting explosives, where practicable, a space of at least 300 metres shall be maintained between each such vehicle.
(11) Road van transporting explosives shall not be driven past fires of any kind on or near the highway or other thoroughfare.
(12) The driver of the road van while transporting explosives shall, before crossing any unmanned railway crossing or before crossing any main highway, bring the road van to a full stop and proceed only when the way is safely clear.
(13) The original licence for van granted under these rules or attested copy of the same shall always be carried in the vehicle.
Where a road van carrying explosives is stationary on a public road at night, otherwise than by reason of delay incidental to the flow of traffic, driver or the licensee of the van shall keep the parking lights “on” throughout the stay and if necessary also provide reflectors in such position as to convey an effective warning of the presence of the road van to the drivers of other vehicle.
Four wheel chocks shall be carried in or on a licensed vehicle at all times when explosives are being carried in or on the vehicle.
If any fire occurs on a vehicle containing explosives the driver shall take all practicable steps to ensure that all other traffic is stopped at least 300 metres from the vehicle and that all persons in the vicinity are warned of the danger.
(1) Where a vehicle transporting explosives is involved in an accident, fire or any other occurrence, that causes a significant delay in the delivery of explosives or damage to the vehicle or explosives, the driver or any other authorised person accompanying the vehicle shall—
(a) comply with all requirements of law relating to road accidents;
(b) inform nearest police station;
(c) inform the licensee who shall—
(i) inform the Chief Controller and the Controller in whose jurisdiction the accident has taken place giving the full details of explosives carried and accident;
(ii) arrange for safe storage and custody of explosives till an examination by the Controller if required, and then arrange for transport to the destination or place designated by the Controller.
(2) In the case of a breakdown of road van, the driver or the person incharge or the vehicle shall—
(a) make or permit to be made minor repairs if the repairs can be made without hazard;
(b) where major repairs are required, prevent such repairs being made until the explosives are transferred to another van or are removed from the vehicle and stored under proper security at a safe distance from the highway and at least 300 metres from any inhabited premises;
(c) inform the licensee who shall in turn inform the Chief Controller and the Controller in whose jurisdiction the vehicle is broken down giving full details of the explosives and the circumstances attending the breakdown.
(1) Every road van shall be provided with 2 fire extinguishers of minimum 2 kgs. capacity. One of the extinguishers shall be capable of dealing with electric fires and the other with engine fires, tyre fire or such other similar fires in a van. The fire extinguishers shall always be kept in good working condition.
(2) Fire extinguishers shall be located where they will be convenient and ready for immediate use. Fire extinguishers shall also be examined and recharged according to the manufacturers’ recommendations.
(1) No person shall manufacture any explosive at any place except in a factory or premises licensed under these rules.
(2) The licensee shall be responsible for all operations in connection with the manufacture of explosives which may be conducted in the licensed premises.
Notwithstanding anything contained in rule 87, no licence to manufacture shall be necessary for manufacture at a Government or industrial laboratory or a laboratory of an educational institution and under the supervision of a qualified person of a quantity of explosive not exceeding an amount reasonably necessary for the purpose of chemical experiment and test and not intended for practical use or sale, subject to the following conditions, namely:
(a) The Chief Controller shall be given prior intimation of the nature of the explosives and the quantity of explosives proposed to be manufactured in the laboratory together with the name and address of the institution and the particulars and experience of the person conducting the experiment.
(b) If the Chief Controller on receipt of the information under clause (a) above is of the opinion that it would not be safe to conduct such experiment he may, in writing, prohibit conducting the experiment.
(c) All precautions shall be taken to prevent injury to persons or damage to property and all provisions of the Act and these rules shall be observed as far as they are otherwise applicable.
(d) No experiment shall be conducted to make any explosive, which is specifically prohibited under section 6 of the Act.
(1) No new explosive after its inclusion in the list of authorised explosives shall be manufactured unless the process of manufacture is approved by the licensing authority and his permission obtained in writing.
(2) A person intending to manufacture an authorised explosive shall submit to the Chief Controller separately for each explosive a project report in duplicate containing, among other relevant data, the following particulars:
(a) the detail process starting from the raw materials, to the finished product describing the plant and equipment, quantities of materials handled, operating
conditions and parameters, nature of controls and safety devices provided the proposed method of treating effluents and waste explosives;
(b) the nature and composition of the explosives;
(c) the limiting percentage of each ingredient of explosives;
(d) the specification of the various r aw materials including substitutes, if any, used in the process of manufacture;
(e) physical and chemical characteristics of final product;
(f) prescribed scrutiny fee.
(3) The Chief Controller, after scrutiny of the Project Report and after making such further enquiries as may be considered necessary, may if he is satisfied, approved the process for each explosive separately.
(4) No person shall make any change in the process, nature and composition of explosives, specification and limiting percentages of raw materials and ingredients without prior approval of the Chief Controller.
(5) The Chief Controller may cause at any time any test on any raw material, ingredients or explosives to as certain if these conform to the particulars given under sub-rule (2).
(1) A factory licensed under these rules for manufacture of explosives shall be surrounded by a wall or barbed wire fencing at least 2 metres high of such strength and construction as to effectively prevent entry of unauthorised persons.
(2) The area enclosed by such wall or fence shall cover the safety zone required to be kept clear from any of the process buildings or sheds.
(3) The licensee shall at his own expense provide for safe custody of factory a guard which shall be of such strength as the District Authority may consider to be sufficient.
Every building in a factory shall be used only for the purpose specified in the licence granted under these rules:
Provided that the licensing authority may temporarily permit the use of a building for a purpose other than that specified in the licence after satisfying himself that such a change is safe and for smooth operation of process of manufacture.
A building in which explosives or any ingredient thereof which either by itself is possessed of explosive properties, or which when mixed with any other ingredient or article also present in such building is capable of forming an explosive mixture or explosive compound, kept or resent, or in the course of manufacture is liable to be, shall be a dangerous building; and the interior of every such building, and the benches, shelves and fitting in such building (other than machinery) shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the formation and the detachment of any grit so as to come into contact with the explosive or ingredient thereof in such building and such interior benches, shelves and fittings shall, as far as reasonably practicable, be kept free from grit and otherwise clean.
Every building used for production, handling, strorage, testing of explosives, in a licensed factory unless otherwise exempted by the licensing authority shall be surrounded by a substantial mound which shall be of a type and design approved by the Chief Controller:
Provided that the licensing authority may allow blast walls in place of substantial mound if such blast walls can be provided for the purpose.
Oiled cotton, oil rags and oil waste and any article liable to spontaneous ignition shall not be taken into any danger building except for the purpose of immediate supply and work or immediate use in such building and upon cessation of such work or use, shall forthwith be removed.
No tools or other implements shall be used, or allowed to be present in a building used for carrying out process of manufacture (hereinafter referred to as process building) unless they are of wood, copper, brass or soft metal or material, or are covered with safe and suitable material.
There shall at all times be prominently exhibited clearly and legibly—
(a) on every process building in the licensed factory the same distinguishing number as mentioned in the approval plan attached to the licence;
(b) inside every process building a notice showing—
(i) maximum quantity of any explosives or ingredients for such explosives that may be in the building at any one time as authorised by the licensing authority;
(ii) the maximum number of persons who may be in the building at any one time as authorised by the licensing authority.
Except in places especially approved by the licensing authority, no person shall smoke in any part of the licensed factory.
(1) Every process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with the specification laid down in Indian Standard Specification No. 2309 as amended from time to time.
(2) The connections to various parts and earth resistance of the lightning conductor terminal of the building to the earth shall be tested at least once in every year by qualified electrical engineer or any other competent person holding a certificate of competency in this behalf from the State Electricity Department. A certificate showing the results of such test and the date of last test shall be hung up in a conspicuous place in the process building:
Provided that process buildings used for manufacture of fireworks, explosives of Class 7, may not be provided with lightning conductor unless otherwise specified by the licensing authority.
Whenever a thunderstorm appears to be imminent in the vicinity of the process building every person engaged in or about the building shall be withdrawn to a safe distance and the building shall be kept closed and locked until the thunderstorm has ceased or the threat of the same has passed:
Provided that where an operation is in process, stopping of which would in itself contribute a danger in which case the operation shall be carried on to point at which it can be suspended with safety, and no such operation shall be commenced during the storm.
No substance shall be made or mixed into an explosive in or on licensed premises unless it has been throughly treated by sifting or other effective means for the detection and removal of all foreign objects and matter that might cause danger if not removed.
(1) Due provision shall be made by the use of suitable working clothes without pockets and suitable shoes and searching and otherwise, or by some or all of such means to prevent the introduction into any danger building, of fire, matches or any substance or article likely to cause explosion or fire, and for preventing the introduction of any iron, steel or grit into any part of the danger building where it would be likely to come into contact with explosive over wholly or partially mixed ingredients thereof.
(2) Nothing in sub-rule (1) shall apply to the use of such artificial lights as may be approved by the Chief Controller for the purpose of manufacture.
(1) All explosives processed in a process building shall immediately be removed to the next process building or a licensed magazine or store house, as the case may be, and no explosive shall be allowed to accumulate in any process building.
(2) Where the process in the manufacture of explosive in a process building has been completed, all substances that have been brought into the building for use in that process but not used, and that are not immediately required for use in another process in the same building, shall immediately be removed from the building.
(1) Before carrying out repairs to any building or part thereof, including any equipment therein, that building or equipment shall be thoroughly made free of explosives by a suitable process of removal.
(2) If the repairs to the building or a part thereof require use of any source of fire, licensee shall issue a written permit allowing use of such articles under the supervision of a competent person. A copy each of such permit shall be preserved for a period of three months and presented on demand by an inspecting officer.
(3) If major repairs are done to a building or any part thereof including any machinery therein, that building or part of it shall not be taken into use unless the same is permitted by the licensing authority.
No explosives shall be manufactured in any building or part thereof except under the supervision of a competent person employed by the licensee. Such competent person shall be fully conversant with the process of manufacture of explosives, hazards connected therewith and the provisions of these rules.
Any person who has completed the age of 18 years but not 21 years, shall only be employed after he submits to the employer an evidence of his age from a Registered Medical Practitioner, or a birth certificate.
Every vehicle and every trolley or receptacle in which finished or partly finished explosives are transported in a licensed factory area shall—
(a) unless otherwise approved, have no exposed iron or steel in its interior;
(b) be closed or covered while the explosives or its ingredients are being transported.
(1) Every building in or on licensed premises shall always be maintained in a fit condition.
(2) All plants and equipment in a licensed factory shall be regularly serviced and maintained in a proper and fit condition by the licensee. A record of all such servicing and maintenance shall be maintained till the time of next servicing and maintenance. In case of any major repairs or replacement to any machinery or equipment, such record should be preserved till replacement of such machinery and equipment.
Proper testing facilities as approved by Chief Controller for routine physical and chemical examination of raw materials intermediates and final products shall be provided by the licensee in the licensed premises at places specially approved by the Chief Controller:
Provided that the Chief Controller may direct the licensee, by a written order to prove such additional facilities at such places which, in his opinion, are necessary for maintaining desired quality and safe manufacture of explosives in the licensed factory.
(1) The laboratories, process buildings and machineries therein shall be swept and cleaned at the end of each shift or earlier if necesary, and the sweepings shall be properly collected and stored in a safe place till finally disposed of by the method approved by the licensing authority.
(2) Adequate facilities for safe destruction under the supervision of a competent person and at a place approved by the licensing authority in the licensed premises shall be provided by the licensee for the materials collected under sub-rule (1).
If any time any operation in the process of manufacture of an explosive is no longer found to be safe or behaviour of the explosives during the course of storage, transport or use is no longer found to be safe due to change in the nature and composition of explosives, or due to any other reason, the Chief Controller may issue an order in writing directing the licensee to discontinue forthwith the manufacture of such explosive till such time the operation or the composition is rectified to the satisfaction of the Chief Controller.
If the Chief Controller of Explosives stops the manufacture of any explosives under Rule 110 or if any explosive is not manufactured for a continuous period of two years such explosives may be excluded from the list of authorised explosives by the Central Government.
The licensee of a factory shall keep up-to-date record in the prescribed forms and produce the same before an inspecting officer. Such records shall be retained for a period of minimum 2 years.
(1) No person shall possess, sell or use any explosive except under and in accordance with a licence granted under these rules.
(2) The licensee shall be responsible for all operations in connection with the possession, sale or use of explosives which may be conducted in the premises covered by the licence.
(1) Notwithstanding anything contained in Rule 113, no licence shall be necessary for the possession—
(a) of any explosive by a carrier or other person for the purpose of transport, when the same is being kept or transported in accordance with the provisions of Chapter IV regulating transport of such explosives; or
(b) by any person of manufactured fireworks in any quantity not exceeding 25 kgs. provided that the fireworks—
(i) are obtained and intended by such person for immediate use and not for sale and are possessed by him for a period not exceeding 14 days; and
(ii) are kept in a substantial receptacle which is exclusively appropriated to the keeping of explosives and is closed and secured so as to prevent unauthorised persons from having access to the explosives; or
1[(c) by any person for his own private use and not for sale of gun-powder not exceeding 5 kgs. and 50 metres of safety fuse for blasting, in any State, other than Bihar, Kerala and West Bengal, and of small arm nitro-compound notexceeding 5 kgs. except in the State of Kerala and Tamilnadu.]
(d) by Railway Administration of flare lights or other explosives for its own use and not for sale to any other person by transfer or otherwise for maintaining railways, tracks, tunnels provided that the provisions of the Act and these rules are otherwise complied with;
(e) of any explosive, which is not for sale and is required solely for the navigation of aircraft, when kept in an aircraft for use therein, or for distribution to other aircraft or to aerodromes, or at an aerodrome, for use there or for distribution to aircraft or to other aerodromes provided that the maximum quantity so possessed shall not exceed 25 kgs. when carried in an aircraft and 50 kgs., when kept at an aerodrome;
2[(f) and sale from shop of amorces (an explosive of Class 7 and division 2) in quantity not exceeding 12.5 kgs.]:
Provided that in respect of clauses (b) and (c) the Central Government may prohibit the possession of any explosive or prescribe any conditions under which the explosives can be possessed without a licence when considered necessary for the security of public peace.
(2) Notwithstanding anything contained in Rule 113, no licence shall be necessary for the sale of such explosives manufactured by the Armed Forces of the Union and Ordnance Factories or other establishment of such Forces as are sold or delivered to any person who is in possession of a valid licence issued under these rules for the class and quantity of explosives so sold or delivered.
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1. Subs. by G.S.R. 197 (E), dated 5th March, 1999 (w.e.f. 8-3-1999).
2. Ins. by G.S.R. 995 (E), dated 16th December, 1987 (w.e.f. 18-12-1987).
A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence.
(1) Every magazine shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with the specification laid down in Indian Standard Specification No. 2309 as amended from time to time.
(2) The connections to various parts of earth resistance of the lightning conductor terminal on the building to the earth shall be tested at least once in every year by qualified electrical engineer or any other competent person holding a certificate of competency in this behalf from the State Electrical Department. A certificate showing the results of the test and the date of the last test shall be hung up in conspicuous place in the building.
Whenever a thunderstorm appears to be imminent in the vicinity of a magazine or store house, every person engaged in or about such magazine or store house shall be withdrawn to a safe distance from such magazine and the store house and the magazine and the store house shall be kept closed and locked until the thunderstorm has ceased or the threat of it has passed.
(1) The interior of every building or room used for storage of explosives and the benches, shelves and fittings in such building or room shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the detachment of any grit, iron, steel or similar substance so as to come into contact with the explosive in such building and such interior benches, shelves and fittings shall, so far as is reasonably practicable, be kept clean and free from grit.
(2) A cemented trough at least 15 centimetres deep shall be provided near each entrance of a magazine or store house. Such trough shall be kept filled with clean water and no person shall enter the magazine or store house without dipping overshoes or feet in such a trough so as to remove any grit or dust.
(3) Oiled cotton, oiled rags or oiled waste or any articles liable to spontaneous ignition shall not be taken into any magazine or store house used for storage of explosives.
Every person holding a licence granted under these rules for possession, sale or use of explosive shall maintain records in the prescribed Forms and shall produce such records on demand to an inspecting officer.
Before repairs are done to any magazine or store house or part thereof used for storage of explosives, that magazine or store house shall be cleaned by removal of all explosives and by thorough washing.
The licensee or his authorised agent for the time being incharge of a magazine or store house shall prevent persons employed or engaged in or about magazine or store house from taking hazardous articles or substances therein by maintaining an effective system of search and also providing them and making them wear, whenever they are in the magazine or store house, working clothes, without pockets, and with suitable shoes.
(1) Any licensed magazine or store house shall be kept securely closed or locked at all times except when goods are being placed in or taken from it or when it must be kept open for some other purpose in connection with the management of such premises.
(2) The keys of the licensed magazine shall, at all times be kept secured in licensee’s own custody or of his authorised agent and shall be produced for opening the magazine or store house whenever so required by an inspecting officer. The name and address of the person with whom the keys will be kept shall be intimated to the licensing authority and the Controller of Explosives having jurisdiction.
(1) The licensee shall at his own expenses provide for round the clock safe custody of the magazine or store house a guard which shall be of such strength as the District Authority, may consider it to be sufficient.
(2) The licensee shall provide a shelter for the watchman on duty near the magazine or store house.
(1) No packages containing explosives shall be opened in magazine or store house.
(2) Repacking of explosives shall be done, where necessary in an approved open sided shed having smoothly finished cemented floor at a distance as approved by licensing authority.
The licensee of every magazine or store house shall ensure that the explosives are always kept in their original outer package. In case the outer package gets damaged so that explosives contained therein cannot be stored or transported, such explosives shall be repacked only after the same are examined by a Controller of Explosives.
(1) The quantity of any kind of explosives kept in any licensed magazine or store house shall not exceed the quantity entered in the licence against such kind of explosives.
(2) Notwithstanding anything contained in sub-rule (1), the Chief Controller may issue a permit, on payment of the prescribed fee to a holder of licence in Form 22 and such holders of licence in Form 21 who also have licence in Form 20 (for the class of explosives) for keeping of explosives in excess of the licensed quantity entered in the licence when he is satisfied that such excess storage is essential and unavoidable due to circumstances beyond the control of the licensee. The validity of such permit shall not exceed 30 days—
(i) the licensing authority shall not issue any permit for excess storage of explosives if the magazine or store house cannot observe the requisite safety distances for the total quantity entered in the licence plus the additional quantity of explosives so permitted;
(ii) no permit for storage of explosives in excess of the licensed capacity shall be granted if the specified distances on the licence around the magazine or store house or the floor space in the specified rooms for storage of each kind of explosives is not adequate for keeping of the total quantity of explosives, including the excess quantity applied for.
(3) The licensing authority may refuse to grant a permit for excess storage of explosives if such excess storage is of a repeated nature.
(4) No explosive in excess of the licensed quantity shall be stored in the magazine or store house unless permit in this behalf is obtained from the licensing authority by a letter or telegram.
A permit may be granted by the licensing authority to a holder of licence in Form 24 to possess in addition to a quantity permitted by the licence, any quantity of manufactured fireworks so that the total quantity permitted to be stored does not exceed 125 kgs. for a period not exceeding 15 days at a time provided that
(a) no rule or condition of the licence other than that prescribing the maximum quantity of firework to be possess is infringed;
(b) the applicant pays prescribed fees for excess storage.
A holder of a licence to possess, sell or use explosives shall purchase only such quantity of explosives in a given period as may be specified in the licence.
An explosive if stored in a magazine shall be stored either in Mode ‘A’ or Mode ‘B’ magazine as specified in Schedule VII.
Mode ‘B’ magazine shall be used for storage of explosives required for use for a temporary period for a specific purpose and such magazine shall not be used for sale of explosives.
A substantial mound shall be provided near a magazine, if so required by the licensing authority. Such mound shall be of a type approved by the licensing authority and shall always be maintained in good condition to provide effective protection.
A magazine or a store house shall be constructed at ground level only as a single storey building.
No explosives, other than fireworks and safety fuse, shall be stored in any store house.
(1) A store house shall be well and substantially built of brick, stone or concrete and shall be so made and closed as to prevent unauthorised persons having access thereto and to secure it from danger of fire from outside. Store house shall be well ventilated.
(2) Where a store house forms part of a building, the other parts of which are used for any other purpose, it shall be separated therefrom by suitable fire proof partitions and the walls, floor, roof and doors shall be of fire proof materials. Such store house shall not be used for storage of more than 150 kgs. of fireworks or fifty thousand metres of safety fuse and shall be provided with independent entrance and such other measures as may, in the opinion of the licensing authority, be deemed necessary in the interest of prevention of fire or accident. Such store house shall be at a minimum distance of 15 metres from any other premises used for storage of explosives, flammable substances or other hazardous materials and shall not be used for sale of explosives:
Provided that such store house may be used for sale of explosives manufactured within a licensed factory for manufacture of Class 1 and/or Class 7 explosives not exceeding 1[15] kgs. at a time, if such store house is situated within such factory.
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1. Subs. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
(1) All explosives on the premises shall be kept in a brick, stone or concrete building which is closed and secured so as to prevent unauthorised person from having access thereto.
(2) The premises shall have a floor area of minimum nine square metres.
(3) The premises shall have independent entrance and exit.
(4) If the premises are situated in a building used for other purposes also, such premises shall not be situated under a staircase and shall be so located as not to obstruct any passage in from or to the building in case of fire or accident.
(5) The premises shall be situated at ground level.
(1) Subject to other provisions of this rule, fireworks shall not be placed or kept in a shop window used for display of goods.
(2) Fireworks in the shop shall be kept in a spark proof receptacle, or the original outer packet in which they were received if that package is effectively sealed and in good order and condition.
(3) A receptacle or package containing fireworks shall be kept in a position away from and clear of shop traffic and to be separated from all articles of a flammable or combustible nature.
(4) Where a package containing fireworks is opened for sale, the fireworks shall immediately be placed in a clean, dust-free and spark-proof receptacle.
(5) A receptacle that contains fireworks shall—
(a) not to be used otherwise than as a continer for fireworks;
(b) not to be opened except when fireworks are being placed in or taken from it;
(c) at all times to be kept clean and free from dust and grit;
(d) not have in it any matches including Bengal Matches; and
(e) not have in it any means of artificial lighting.
The premises licensed in Form 24 for storage and sale of small arms nitro-compound, fireworks or 1[gunpowder and] or safety fuse shall be at a distance of minimum 15 metres from any such premises or any other premises used for storage of similiar explosives, flammable or hazardous materials.
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1. Ins. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
The premises in which small arms nitro-compound fireworks 1[gunpowder and] or safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes.
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1. Ins. by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
No person shall sell explosives from any premises other than those licensed under these rules.
No person who sells any explosives shall alter or deface any printing or marking on the explosives or the packages thereof.
(1) No person shall sell any explosive to any person who is not authorised to possess such explosives under these rules.
(2) No person shall sell, deliver or cause to be delivered to any person any explosive that has deteriorated or is defective.
(3) A licensee selling explosives to a holder of licence in Form 23 shall endorse the transactions on such licence form.
An explosive shall not be hawked, sold or exposed for sale upon any highway, street, public thorough fare or public place.
An explosive shall, as far as practicable, be sold in original packages. If the quantity sold to any person is less than the quantity of explosives packed in the original packing, such quantity shall be packed in a safe and proper manner in a substantial package which shall be clearly marked with following markings:
(1) name of the explosives;
(2) classs and disivion according to Schedule I;
(3) quantity of explosives packed;
(4) licence number of the magazine from where the explosives were supplied and packed;
(5) name of the person who packed the explosives;
(6) date of packing;
(7) name of the consignee.
No person shall use explosives for blasting purposes unless he employs a qualified shot-firer holding a Shot-Firer’s Permit granted under these rules:
Provided that for blasting operations in mines coming under the purview of the Mines Act, 1952, such shot-firer shall have qualifications prescribed in the regulations framed under the said Act.
(1) An explosive of one description shall not be converted into an explosive of another description and an explosive shall not be unmade or resolved into its ingredients.
(2) The explosives of Class 2 or Class 3 shall be used in their original cartridge packing and such cartridges shall not be cut to remove explosives for making cartridges of different sizes.
(3) The licensee shall get prior approval of the authority which granted his licence for preparation as is allowed by these rules.
(1) Explosives shall only be conveyed from the licensed storage premises to or near the site in original unopened packages or in closed containers used solely for that purpose.
(2) Explosives shall not be taken to point nearer than 50 metres from any site until such site is ready for charging.
(3) Explosives shall not be conveyed in any vehicle with any other materials, tools or implements other than that required for the purpose of blasting.
(4) Explosives left over after the days’ work shall be returned to the licensed premises from which the same were taken.
(5) The containers used for carrying explosives from original packages shall be maintained throughly cleaned and dried and shall be kept closed when not in use. The containers shall be provided with either handles or carrying straps of adequate strength and shall be conspicuously marked with the word “Explosives”.
(6) Detonators shall be conveyed in special containers. These shall not be carried with other explosives. Batteries, dry cells and other sources of electric energy shall not be carried in the vehicle carrying detonators.
(1) Explosives shall be visually examined before use for any visible defects and any defective explosives shall not be used.
(2) Any explosive showing signs of deterioration of any kind should be reported immediately to the licensing authority and such explosive should be set aside for an examination by such authority.
(3) Gunpowder which is found to be caked owing to the moisture shall not be used.
(4) Frozen nitro-glycerine explosives shall not be used until thawed under the supervision of experienced persons. Where freezing is likely to occur only low freezing explosives shall be used.
(1) The electric power at the blasting site shall be discontinued as far as practicable before charging the explosives.
(2) No work other than that associated with the charging operations shall be carried out within 10 metres of the holes unless otherwise specified to the contrary by the licensing authority.
(3) When charging is completed, any surplus explosive detonators and fuses shall be removed from the vicinity of the hole and stored at a distance which would prevent sympathetic detonation in the event of a charge detonating permeating in any hole.
(4) The holes which have been charged with explosives shall not be left unattended till the blasting is completed.
(5) Care shall be taken to ensure that fuse or wires connected to the detonators are not damaged during the placing of stemming material and tamping.
The licensee or a competent person appointed by the licensee to be incharge of the use of explosives at the site shall lay down a clear warning procedure consisting of warning signs and audible signals and all persons employed in the area shall be made fully conversant with such signs and signals.
(1) The end of the safety fuse should be freshly cut before being lighted.
(2) The exploders shall be regularly tested and maintained in a fit condition for use in firing. An exploder shall not be used for firing a circuit above its rated capacity.
(3) The electric circuit shall be tested for continuity before firing. All persons other than the shot-firer and his assistants, if any, shall be withdrawn from the site before testing the continuity.
(4) For the purpose of joining, the ends of all wires and cable should have the insulation removed for a maximum length of 5 cms. and should then be made clean and bright for a minimum length of 2.5 cms. and the ends to be joined should be twisted together so as to have a positive metal contact.
Where electrically operated equipment is used in locations having conductive ground or continuous metal objects, tests shall be made for stray currents to ensure that electrical firing can proceed safely.
The licensee of a competent person employed by him to be incharge of blasting operations shall take all precautions against fire or accident involving explosives.
Nothing in Rules 146, 148 to 151 shall apply for blasting operations in mines under the purview of the Mines Act, 1952, and such operations shall be carried out according to regulations framed under that Act.
(1) A person desiring to obtain or renew or amend a licence under these rules shall submit an application in writing to the authority empowered to grant, renew or amend such a licence.
(2) The application shall be signed by the licensee or applicant himself as the case may be, or by a person authorised by him in writing in this behalf, and shall, in the latter case, be accompanied by such authorisation.
(3) Every application for grant of a licence to manufacture explosive shall consist of the following:—
(a) an application in Form 3;
(b) plans of the proposed buildings and the site drawn to scale. The site plan should show full approach road network to the factory or premises;
(c) a description of situation, character and construction of all mounds, buildings (production, non-production, stores, administrative, etc.) and safety distances observed by each building;
(d) description of process/ work to be carried out in each building or part thereof;
(e) a description of plant and equipment and its location provided in each building or part thereof;
(f) a description of explosives and ingredients thereof, whether wholly or partially mixed that will be present in any building or machine at any one time;
(g) a description of maximum number of persons to be employed in each building;
(h) a description of any special constructions which the applicant may propose by reason of special circumstances, arising from the location situation or construction of any building or works, or the nature of process or otherwise;
(i) prescribed scrutiny fee;
(j) in case where application is made in the name of a company, the names and addresses of Directors and partners and the name, address and specimen signatures of person or persons authorised to sign correspondence in respect of licence applied for. Any change in such names and addresses should be immediately communicated to the licensing authority.
(4) Every application for grant of a licence in Form 21, Form 22 or Form 24 to possess explosives for sale or use shall consist of the following:—
(a) an application in Form 4 or Form 5, as the case may be;
(b) plans drawn to scale of the proposed premises and of the site on which such premises are situated. The site plan should clearly show the complete approach road network, nearby landmarks, distances from nearby protected works;
(c) drawings of the premises and the mounds, if provided;
(d) in case where the application is made in the name of the company, the name and addresses of the Directors and partners and the names, address and specimen signatures of person or persons authorised to sign correspondence in respect of licence applied for. Any change in such names and addresses should immediately be communicated to the licensing authority.
(5) Application for grant of a licence in Form 23 shall consist of the following:—
(a) an application in Form 5 for licence as per preamble (b) and (c) or Form 6 for licence as per preamble: (a) of the licence Form 23, as the case may be;
(b) plans showing site, location and construction details of the premises. The site plan should clearly show complete approach road network, surrounding areas, land marks and safety distances observed.
1[(6) An application for grant of a licence in Form 25 for a road van or Form 40 for a compressor mounted motor truck/tractor shall consist of the following:—
(a) an application in Form 7 or 7(A) as the case may be;
(b) drawing of the road van or compressor mounted motor truck/tractor showing complete details of construction and other ancillary equipment provided;
(c) prescribed scrutiny fee.]
(7) An application for grant of a licence in Form 26, Form 27, Form 28 or Form 29 shall consist of the following:—
(a) an application in Form 8, Form 10, Form 11 or Form 12 as the case may be;
(b) prescribed scrutiny fee.
(8) An application for grant of a Shot-Firer’s Permit shall consist of the following:—
(a) an application in Form 9; and
(b) prescribed scrutiny fee.
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1. Subs. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
(1) (a) Licence may be granted by the authorities specified in column (4) of Schedule IV in the Form specified in column (2) for the purpose specified in column (3) thereof on payment of fees specified under these rules:
Provided that no new licence in Forms 20, 21 and 22, shall be granted unless the provisions of rule 156 have been complied with:
Provided further that the licensing authority may waive all or any of the provisions of rule 156, if—
(i) the premises proposed to be licensed is within the factory licensed under these rules for manufacture of explosives and the required safety distances are under the control of applicant;
(ii) the premises for which the new licence is required are situated within the same survey number, in which the applicant has an existing premises and a current valid licence for the same and the required safety distances are available within the safety distances of such existing premises;
1[(iii) for well sinking operation by compressor mounted motor truck/tractor.]
(b) No licence for manufacture of explosives 2[***] shall be granted or renewed to a person for his factory not registered under the Factories Act,1948 (63 of 1948) unless he executes a bond in Form 19 in favour of the President of India indemnifying persons injured or dependents of deceased workers in the event of an accident in the factory 3[an amount of Rs. 10,000 for factories manufacturing up to 15 kgs. of gunpowder of fireworks at any one time] an amount of Rs. 25,000 for factories manufacturing up to 200 kgs. of gunpowder or fireworks at any one time and Rs. 50,000 in every other case.
(2) (a) Licensing authority may grant a licence for the period deemed necessary but not exceeding—
(i) six months to import explosives in Form 27 and to export explosives in Form 28;
(ii) 4[3 months] to possess explosives in Form 23 as specified therein;
(iii) one month for public display of fireworks in Form 29;
(b) Every other licence granted or renewed under these rules shall remain in force until the expiry of the financial year immediately following the financial year in which it was issued.
(c) Notwithstanding anything contained in clause (b), the licensing authority, where it is satisfied that a licence is required for a specific work or festival which is not likely to last up to expiry of the financial year for which the licence is granted or renewed, may grant or renew a licence for such period as is actually necessary:
Provided that the date so specified does not extend beyond the expiry of the financial year following the year in which the licence is granted or renewed.
(3) An applicant for grant of a new licence in Form 24 or Form 29 may apply to the district authority for a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed and the district authority shall, if he sees no objection, grant such certificate to applicant who shall forward that certificate to licensing authority with his application.
(4) The licensing authority may refer an application not accompanied by a certificate granted under sub-rule (3) to district authority for his observations.
(5) If the district authority, either on reference being made to him, that or otherwise, intimates to the Chief Controller, as the case may be, that any licence which has been applied for should not, in his opinion be granted, such licence shall not be issued without the sanction of the Central Government.
(6) No licence to import explosives shall be necessary in cases where the explosives imported—
(i) is not intended to be stored on the port of import but is intended to be transported direct to a territory not being part of India;
(ii) can be possessed without a licence under Rule 114.
(7) An application for a licence to use explosives shall, if the operations are to be carried on within 100 metres of a railway line, obtain from the Railway authority concerned a certificate to the effect that there is no objection to the applicant receiving a licence for the site proposed and forward a certificate to the licensing authority with his application.
(8) (i) A cultivator applying for a licence in Form 23, shall obtain a certificate from agricultural fieldman or a Gram Sewak or any other local authority to the effect that—
(a) the certifying authority has inspected the site and is satisfied that the levelling of ground is necessay or removal of tree stumps is necessary or sinking of wells is necessary or sinking of wells has been partly completed, as the case may be; and
(b) further work which is necessary is not possible without blasting and forward the certificate to the licensing authority with his application.
(ii) A person other than a cultivator shall obtain a certificate from local authority having jurisdiction to the effect that the certifying authority has inspected the site and is satisfied that the work for which explosives are required is not possible without blasting.
(9) An application for grant of a licence to manufacture Ammonium Nitrate Fuel Oil (ANFO) explosives for own immediate use or to possess for own use liquid oxygen explosives at sites coming under the purview of the Mines Act, 1952, shall be accompained by a certificate from the Chief Inspector of Mines that the site where such explosives are to be manufactured, possessed and used is under the Control of the applicant and comes under the purview of the Mines Act, 1952 and the applicant is authorised to use liquid oxygen explosives of ANFO explosives and conduct mining operations in the area proposed to be covered by the licence..
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1. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
2. Omitted by G.S.R. 41(E), dated 15th January, 1988 (w.e.f. 18-1-1988).
3. Ins. by G.S.R. 182(E), dated 26th March, 1991 (w.e.f. 26-3-1991).
4. Subs. by G.S.R. 511(E), dated 19th June, 1985.
(1) A licensing authority on receipt of application and the particulars as provided under sub-rule (3) or (4) of Rule 154 shall scrutinise the documents and forward to the applicant a statement showing the distances in Form 17 which should in his opinion be kept clear in and around the factory or magazine premises or any part thereof and from other building and works. On receipt of the statement the applicant shall enter the exact distance, which can actually be so kept clear shall sign the statement and shall return it together with any representation which he may desire to make to the licensing authority.
(2) After considering any representation made by the applicant under sub-rule (1) and after making such enquiries as deemed necessary, the licensing authority may further scrutinise the application and ask the applicant to make changes considered necessary.
(3) After receiving correct documents as per requirements of these rules, the licensing authority shall refer the application to—
(i) the district authority concerned together with a description of equiries to be carried out, a draft licence and a statement in Form 18 showing the distances which he considers should be kept clear in and around the factory, magazine or store house;
(ii) any other authority for such enquiry as deemed necessary.
(4) Upon receipt of the said application the district authority shall forthwith cause notice to be published of such application and of the time and place at which he will be prepared to heart it, and calling upon any person objecting to the establishment of the factory or magazine or store house on the proposed site to give notice of such objection to him and to the applicant of not less than seven clear days before the day fixed for hearing the application together with his name, address and calling and a short statement of the grounds of his objections. The day of hearing the application shall be a day following as soon as practicable, after the expiration of the period of one month referred to in sub-rule (6).
(5) Where the site of the proposed factory or magazine lies within 1.5 km. of the limits of the jurisdiction of any town planning municipal authority or port authority, the applicant shall prepare, for service on such authority a notice of the application and of the said day of hearing.
(6) The notice under sub-rule (4) shall be published and the notice under sub-rule (5) served, at the expense of the applicant by the district authority not less than one month before the said day of hearing.
(7) On the day fixed for the hearing or any day to which such hearing may be adjourned from time to time, the district authority shall hear any objection preferred in accordance with sub-rule (4) and by any authority referred to in sub-rule (5) and shall make such enquiry as he may deem necessary.
(8) On completion of the enquiry the district authority shall forward the application, statement and plans to the licensing authority together with report of the procedure followed by him and whether he has any objection to the applicant receiving a licence at the site proposed.
(9) The district authority shall complete his enquiry under sub-rules (4) to (7) and forward the report to the licensing authority as expeditiously as possible but not later than six months of the date of the reference made by the licensing authority.
(10) If the district authority objects to the grant of the licence or any of the grounds specified in sub-rule (3), no licence shall be granted by the licensing authority except with the sanction of the Central Government.
(11) Notwithstanding anything contained in this rule, provisions of sub-rules (3) to (10) except rule 3(ii) shall not apply in case of an application for grant of a licence to manufacture, possess and sell liquid oxygen explosives or to the manufacture of Ammonium Nitrate Fuel Oil (ANFO) explosives at site of use coming under the purview of the Mines Act, 1952.
Notwithstanding anything contained in sub-rule (3) to (7) of Rule 156, where the licensing authority is the Chief Controller or a Controller and where the quantity of explosives proposed to be possessed for own use under a licence in Form 22 does not exceed 100 kgs., the applicant may apply to the district authority together with an application in Form 5, statement in Form 17 and the necessary plans for the grant of a certificate to the effect that there is no objection to the applicant receiving a licence for the site proposed and the district authority shall, if he sees no objection after conducting enquiries as required under these rules, grant, such certificate to the applicant who may forward it to the licensing authority together with his application.
(1) The Chief Controller or any authority authorised by him in this behalf shall conduct such examination and enquires as deemed necessary before granting a permit to any shot-firer:
Provided that no examination of the shot-firer may be necessary if the Chief Controller is satisfied that applicant possesses requisite qualifications and experience.
(2) The applicant shall pay prescribed fees for the examination, if any, under sub-rule (1).
The licensing authority on receipt of No Objection Certificate from the district authority for grant of a licence may make such other enquiries as deemed necessary and take further action for grant of licence:
Provided that if the licensing authority does not receive that No Objection Certificate under Rule 156(8) within the time limit or any extension thereof, such authority may advise the applicant accordingly and take further action as deemed necessary.
The authority refusing to grant No Objection Certificates as required under Rule 156, shall record in writing its reasons for such refusal and communicate such reasons and facts of the case to the licensing authority. The reasons for not issuing No Objection Certificate may be communicated to the applicant if demanded, unless in the opinion of the licensing authority such reasons cannot be divulged in the public interest.
(1) Two copies of every licence granted by the Chief Controller or the Controller shall be forwarded to the district authority and in case the licensing authority is the Chief Controller, the original licence shall be forwarded to the Controller in whose jurisdiction the premises are situated.
(2) If the Controller after inspection, is satisfied that all the requirements of these rules and the conditions of the licence have been complied with, he shall further endorse the licence, but unless and until so endorsed the licence shall not come into force: Provided that when a licence cannot be endorsed forthwith it shall come into force from such date as the licensing authority may order in writing.
(3) If the Controller of Explosives decides not to endorse a licence, he shall immediately return the licence to the licensing authority together with a statement of his reasons for not endorsing it.
(4) On receipt of statement referred to in sub-rule (3), the licensing authority after making such enquiry, if any, as he may consider necessary communicate his decision to the applicant and the district authority.
(1) A copy of every licence granted to possess and sell explosives in Form 24 or to transport explosives in Form 26 shall be forwarded to the district authority concerned.
(2) The district authority shall forward a copy of every licence granted by him in Form 23 or Form 24 1[or Form 40] to the Controller having jurisdiction over the area.
—————
1. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
Every licence granted under these rules shall be held subject to the observance of these rules and the conditions endorsed on it and shall contain all particulars which are contained in the form prescribed for it by these rules.
(1) Any licence granted under these rules may be amended by the authority empowered to grant the licence provided that amendment shall not be inconsistent with the provisions of these rules.
(2) A licensee who desires to have his licence amended shall submit the following particulars to the licensing authority, namely:—
(a) an application stating nature of the amendment and the reasons therefor;
(b) the original licence together with enclosures to it;
(c) plans showing the details of the proposed amendment of such plans are required by the licensing authority for the purpose of amendment;
(d) prescribed scrutiny fee;
(e) prescribed amendment fee.
(3) The licensing authority after scrutiny of the documents submitted under sub-rule (2) and after making such further enquiries and taking such action as deemed necessary may take suitable action to amend the licence.
(1) A licence may be renewed by the authority empowered to grant such licence, provided that a licence which has been granted by the Chief Controller may be renewed without any alteration by a controller duly authorised by the Chief Controller in this behalf:
Provided that a licence which has been granted by the district authority may be renewed without any alteration by Sub-Divisional Magistrate or an Executive Magistrate or a Taluka Magistrate duly authorised by the district authority in this behalf.
(2) The Controller authorised by the Chief Controller under sub-rule (1) may, and when so required by the Chief Controller, shall require the licensee to follow the procedure laid down under sub-rule (1) of Rule 156 before renewing licence in Form 20 or Form 21 or Form 22.
(3) Every application for the renewal of a licence shall be made so as to reach the licensing authority or the authority empowered to renew the licence at least 30 days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused, has been communicated to the applicant.
(4) Every application under sub-rule (3) for renewal of the licence shall be accompanied by the following documents:—
(i) application in Form 13;
(ii) the original licence together with its enclosure and approved plan Schedules and Forms;
(iii) prescribed renewal fee.
(5) The same fee shall be charged for the renewal of a licence for each year as for grant thereof:
Provided that if the application for renewal is not received within the time specified in sub-rule (3), the licence shall be renewed only on payment of double fee as ordinarily payable for the licence:
Provided further that if the renewal application together with complete documents specified under sub-rule (4) is received by the licensing authority after the date of expiry but not later than 30 days from the date of expiry; and if the licensing authority is satisfied that such delay is beyond the control of the licensee, the licence may, without prejudice to any other action that may be taken in this behalf, be renewed on payment of double the fee ordinarily payable for the licence.
(6) In case of an application for the renewal of the licence for a period of more than one year at a time, the fee prescribed under proviso of sub-rule (5), if payable, shall be paid only for the first financial year or renewal.
(7) Every licence granted under these rules other than a licence granted for a specified period shall be renewable for two years where there has been no contraventions of the Act or the rules framed thereunder or of any condition of the licence so renewed.
(8) Where a licence renewed for more than one financial year is surrendered before its expiry, the renewal fee paid for the unexpired portion of the licence shall be refunded to the licensee provided that no refund of renewal fee shall be made for any financial year during which—
(a) the licensing authority received the renewed licence for surrender;
(b) any explosive is received or stored on the authority of the licence.
(9) No licence shall be renewed if the application for renewal is received by the licensing authority after 30 days of the date of its expiry.
(10) When a licence is renewed by the Chief Controller or a Controller, an intimation to that effect shall be sent to the district authority concerned and when a licence is renewed by the district authority, an intimation to that effect shall be sent to the Controller having jurisdiction.
(1) The licensing authority refusing to amend or renew a licence shall record its reasons for such refusal in writing.
(2) The licensing authority shall refuse to renew a licence if such licence can be revoked in accordance with the Act or rules framed thereunder.
(3) A brief statement of reasons for refusal to renew a licence shall be given to the holder of the licence on demand unless in any case the licensing authority is of the opinion that it will not be in public interest to furnish such statement.
(4) Where the renewal of the licence is refused, the fee paid for the renewal shall be refunded to the licensee after deducting the proportionate fee for the period beginning from the date from which the licence was to be renewed upto the date from which renewal thereof is refused.
(1) An order of suspension or revocation of a licence shall take effect from the date specified therein and shall be deemed to have been served if sent by post to the address of the licensee entered in the licence.
(2) The suspension of a licence shall not debar the holder of the licence from applying for its renewal in accordance with the provisions of Rule 165.
(1) A licensee on the expiration, suspension or revocation of his licence, forthwith give notice to the licensing authority of the description and quantity of explosives in his possession and shall comply with any directions which the licensing authority may give in regard to their disposal.
(2) The licensing authority may grant for a term not exceeding three months from the date of expiration, suspension or revocation, as the case may be, a temporary licence for the possession and sale of the explosives actually held at the time of the issue of the temporary licence.
(3) The fee chargeable for a licence granted under sub-rule (2) shall bear the same proportion to the fee charged on the expired or revoked licence as the period covered by the temporary licence bears to a full year.
(1) An appeal against an order of licensing authority refusing to grant or renew a licence or suspending or revoking a licence or varying the conditions of a licence shall lie—
(i) if the order is passed by the Chief Controller to the Central Government; 1[***]
(ii) if the order is passed by the Controller to the Chief Controller; 2[and]
3[(iii) if the order is passed by the District Authority, to the authority immediately superior to him.]
(2) Every appeal shall be preferred in accordance with the provisions of the Act and shall be presented within 30 days of the date of the Communication of such order.
(3) Every appeal shall be accompanied by fees specified in Rules 176 and 177 and the fees shall be refunded to the appellant if the appeal is upheld by the appellate authority.
(4) Appeal against the order of the district authority refusing grant of ‘No Objection Certificate’ shall lie with the authority immediately superior to such authority. Such appeal shall be filed in accordance with the procedure laid down by such appellate authority.
—————
1. Omitted by G.S.R. 71 (E) dated 5th February, 1998 (w.e.f. 7-2-1998).
2. Ins. by G.S.R. 71 (E) dated 5th February, 1998 (w.e.f. 7-2-1998).
3. Added by G.S.R. 71 (E) dated 5th February, 1998 (w.e.f. 7-2-1998) and subs. by G.S.R. 483(E), dated 8th July, 2002 (w.e.f. 8-7-2002).
On receipt of the appeal and if such appeal can be admitted in accordance with the Act, the appellate authority may call for records of the case from the authority who passed the order appealed against and may make such further enquiries as it may deem necessary and after giving the appellate a reasonable opportunity of being heard, pass final orders.
(1) If a licensee dies or becomes insolvent or mentally incapable or otherwise disabled, the licence granted to him under these rules shall stand cancelled on the date of licensee’s death or his mental incapability of his insolvency or disability.
(2) The legal heirs or representatives of the licensee referred to in sub-rule (1) shall as soon as may be, notify the licensing authority—
(a) the date of death, insolvency, mental incapability or other disability; and
(b) the stock of all explosives kept at the licensed premises and shall await the directions of the licensing authority with regard to the disposal of such explosives.
Where a licence granted under these rules or an authenticated copy thereof granted under Rule 173 is lost or accidentally destroyed, a duplicate may be granted on payment of fees, specified in Rules 176 and 177.
.—(1) Every person holding or acting under a licence granted under these rules shall, when called upon to do so by any officer specified in sub-rule (1) of Rule 179, produce it, or authenticated copy of it, at such time and place as may be directed by such officer.
(2) Every person in charge of a consignment of explosives in transit under cover of a pass issued under these rules shall produce it when called upon to do so by any officer specified in sub-rule (1) of Rule 179.
(3) Copies of any licence may, for the purposes of this rule, be authenticated free of charge by the authority which granted the licence.
Every authority other than the Central Government acting under this Chapter shall be subject to the directions and control of the Central Government:
Provided that nothing in this rule shall be deemed to effect the powers of executive control of the Chief Controller over the officers subordinate to him.
The fees payable under these rules shall be paid in the following manner:—
(1) Fees payable to Chief Controller shall be paid by a Crossed Postal Order or a Crossed Bank Draft Drawn in favour of Chief Controller of Explosives, Nagpur. The Bank Draft should be drawn on any nationalised bank and payable at Nagpur. Fees upto Rs. 100 in each case, may also be paid in cash at the office of the Chief Controller.
(2) Fees payable to a Controller of Explosives shall be paid by a Crossed Postal Order or a Crossed Bank Draft drawn in favour of the Controller of Explosives to whom the payment is made. The Bank Drafts shall be on any nationalised bank payable at the station where office of Controller to whom payment is to be made is located. Fees up to Rs. 100 in each case, may also be paid in cash at the office of Controller concerned.
(3) Fees payable to District Authority or any other authority under these rules shall be paid in such manner as may be specified by that authority.
The following fees other than licence fees shall be payable under these rules:—
1[(1) Scrutiny fee for each proposal for inclusion of any
explosive in the authorised list of explosives (see rule 6) Rs. 50.00.]
(2) To test each sample of imported explosives
(see rule 28) Rs. 10.00
(3) (i) For testing each sample to issue certificate
of safety in Form 1 (see rule 34). Rs. 10.00
(ii) To renew each certificate issued under (i)
above without fresh test. Rs. 5.00
(iii) For testing each sample to renew certificate
issued under (i) above after fresh test. Rs. 100.00
(4) Scrutiny fee for approval of manufacturing process
for any new explosives (see rule 89) Rs. 200.00
(5) For storage of explosives in excess of licensed
capacity at any one time (see rule 126) Rs 200.00 for
first 15 days
and Rs. 100.00
for every
additional 5
days orpart
thereof.
(6) For permit for temporary possession of fireworks
in excess of licensed quantity (see rule 127) Rs. 50.00
(7) Scrutiny fee for application for grant of a licence to
manufacture [see sub-rule (3) of rule 154]
(i) Any explosive other than those mentioned under
(ii), (iii), (iv) and (v) below. Rs. 200.00
(ii) Site mixed ammonium nitrate and fuel
oil explosives. Rs. 50.00
(iii) Liquid oxygen explosive. Rs. 50.00
(iv) (a) Fireworks and/or Gunpowder in a quantity
not exceeding 12.5 kgs. at a time. Rs. 20.00
(b) Fireworks and/or Gunpowder in a quantity
exceeding 12.5 kgs. but not exceeding
200 kgs. at a time. Rs. 100.00
(c) Fireworks and/or Gunpowder in a quantity
exceeding 200 kgs. at a time. Rs. 200.00
(v) Coloured matches. Rs. 200.00
(8) Scrutiny fee for application for grant of each
licence to import or export explosives
(see sub-rule (7) of rule 154]. Rs. 100.00
(9) Scrutiny fee for application for grant of each licence to
transport explosives [see sub-rule (7) of rule 154]. Rs. 20.00
(10) Scrutiny fee for each application for grant of a licence
for a road van 2[or compressor mounted motor truck/
tractor] [see sub-rule (8) of rule 154]. Rs. 50.00
(11) Scrutiny fee for each application for grant of a
Shot-Firer’s Permit [see sub-rule (9) of rule 154]. Rs. 5.00
(12) For examination for grant of a Shot-Firer’s Permit
(see rule 158). Rs. 20.00
(13) (a) Scrutiny fee for application for amendment of
each licence (see rule 164)—
(i) to manufacture any explosive other than
fireworks and/or Gunpowder in a quantity
not exceeding 12.5 kgs. at a time; Rs. 50.00
(ii) to manufacture fireworks and/or Gunpowder
in a quantity not exceeding 12.5 kgs. at a time; Rs. 5.00
(iii) in any other Form other than Form 23; Rs. 20.00
3[Free of charge
to cultivators]
(iv) in Form 23. Rs. 5.00
(b) Amendment fee for each licence (see rule 164)—
(i) other than a licence in Form 23 or a licence
in Form 20 to manufacture fireworks and/
or gunpowder in a quantity not exceeding
12.5 kgs. at a time; Rs .30.00
(ii) in Form 23 Rs. 5.00
3[Free of charge
to cultivators]
(iii) to manufacture fireworks and 3or gunowder
in a quantity not exceeding 12.5 kgs. at a time Rs. 5.00
(c) Scrutiny fee for a proposal for any change in the manufacturing process of explosives. Rs. 50.00
(d) Scrutiny fee for a proposal for any change in the
composition of an authorised explosive. Rs. 100.00
(14) For appeal against an order of a licensing authority
(see rules 169 and 178)—
(i) if such appeal is preferred to Central
Government or Chief Controller. Rs. 100.00
(ii) if such appeal is preferred to immediate official
superior to district authority. Free of charge
(15) for issue of a duplicate copy of licence
(see rule 172) Rs. 50.00
(16) For approval of—
(a) a packing box or container Rs. 500.00
(b) a new design of equipment machinery or
composite vehicle used for manufacture
and transport of explosives Rs. 500.00
(c) a magazine ‘Mode’ B’. Rs. 500.00
(17) Lighting Conductor testing fee for each test Rs. 50.00
—————
1. Subs. by G.S.R. 467(E), dated 3rd July, 2002 (w.e.f. 3-7-2002).
2. Ins. by G.S.R. 483(E), dated 8th July, 2002 (w.e.f. 8-7-2002).
3. Added by G.S.R. 511(E), dated 19th June, 1985.
(1) The following fees shall be payable per year for each licence issued under these rules:—
(i) to manufacture explosives—
(a) of classes 2, 3, 4, and 5 other than site Rs. 200.00 per 1000
mixedAmmonium Nitrate Fuel Oil tonnes or part thereof
explosive (Form 20). of the installed annual plant capacity for each explosive subject to a maximum of
Rs. 5000.00
(b) of class 6 (Form 20) Rs. 250.00 per one million metres numbers or part thereof of the installed annual plant capacity of each explosive subject to a maximum of Rs. 5000.00
(c) of class 1 and/or class 7 (Form 20).
(i) in a quantity not exceeding 1[15] kgs.
at a time. Rs. 20.00
(ii) in a quantity exceeding 12.5 kgs. but
not exceeding 200 kgs. at a time; Rs. 200.00
(iii) in quantities exceeding 200 kgs. Rs. 200.00 for the first
at a time. 200 kgs. plus Rs. 150.00 for every additional 50 kgs. or part thereof at a time subject to a maxi-mum of Rs. 5000.00
(d) of class 8 Rs. 1000.00
(e) of mixed Ammonium Nitrate Fuel Oil
explosive. Rs. 200.00
(ii) to possess and sell explosives (Licence (a) Rs. 150.00 for
Forms other than Form 24). every 1000 kgs. or part thereof of the
licensed capacity of each explosive of classes 1, 2, 3, 4, 5, 7 or 8 subject to a maximum of Rs. 5000.00
(b) Rs. 50.00 for every 10,000 met-res/num-ber of each explosi-ves of class 6 subject to a maximum of Rs. 5000.00
(iii) to possess explosives for use (Licence (a) Rs. 100.00 for
Forms other than Forms 23 and 29). every 1000 kgs. or part thereof of the licensed capacity of each explosive of classes 1, 2, 3, 4, 5, 7 or 8 subject to a maximum of Rs. 5000.00; and
(b) Rs. 40.00 for every 10,000 metres/num-ber or part thereof of each explosives of class 6 subject to a maximum of Rs. 5000.00
(iv) to possess and sell explosives (Form 24) Rs. 150.00
(v) to transport explosives (Form 26) Rs. 150.00
(vi) for a road van (Form 25) Rs. 300.00
2[(vii) for compressor mounted motor truck/tractor
(Form 40) Rs. 1000.00]
(2) The following fees shall be payable for each licence— Rs. 250.00
(i) import explosives (Form 27) Rs. 150.00
(ii) export explosives (Form 28) Rs. 100.00
(iii) possess and use public display fireworks Rs. 10.00 3[Free of
(Form 29) charge to cultivators].
(iv) possess for own use explosives (Form 23).
—————
1. Subs. by G.S.R. 41 (E), dated 15th January, 1988 (w.e.f. 18-1-1988).
2. Ins. by G.S.R. 483 (E), dated 8th July, 2002 (w.e.f. 8-7-2002).
3. Added by G.S.R. 511(E), dated 19th June, 1985.
(1) If in any matter which is not provided for by any express provision of, or condition of a licence granted under these rules and a Controller finds any factory, magazine or place where an explosive is being manufactured, possessed or sold, or used or any part thereof, or anything or practice therein or connected therewith or with the handling or transport of explosives to be unnecessarily dangerous or defective so as, in his opinion, to tend to endanger the public safety or the bodily safety or any person, such Controller may, by an order in writing, require the occupier of such factory magazine, store house or place or the owner of the explosive, to remedy the same within such time as may be specified in the order.
(2) Where the occupier or owner objects to an order made under sub-rule (1), he may appeal to the Chief Controller within the time specified in the order and the order to the Chief Controller such appeal shall be final.
(3) Every appeal preferred under sub-rule (2) shall be in writing and shall be accompanied by a copy of the order appealed against.
(4) If the occupier or owner fails to comply with an order made under sub-rule(1) within the time specified in it or where an appeal is preferred under sub-rule (2), fails to comply with the order of the Chief Controller thereon within the time fixed in such order, he shall be deemed to have committed a breach of this rule.
(1) Any officer specified in Column (1) of the Table below may, within the areas specified in the corresponding entry in column (2) of that Table—
(a) enter, inspect and examine any place, aircraft, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, transported, exported or imported under a licence granted under these rules, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, transported, exported or imported in contravention of the Act or these rules;
(b) search for explosives or ingredients thereof;
(c) take samples of any explosive or ingredients found therein free of charge; and
(d) seize, detain and remove any explosive or ingredients thereof found therein together with connected documents thereof in respect of which he has reason to believe that any of the provisions of the Act or these rules have been contravened.
TABLE
Officer Areas
(1) (2)
The Chief Controller of Explosives All parts of India.
All District Magistrates Their respective districts.
All Executive Magistrates subordinate to
the District Magistrate. Their respective jurisdiction.
All Commissioners of Police and Police The area over which their
Officers of rank not below that of authority extends.
1[a Sub-Inspector of Police]
The Chief Inspector of Mines and officers The respective areas over
subordinate to him. which their authority extends.
(2) Whenever any officer other than the Chief Controller seizes, detains or removes any explosive or ingredients thereof or any connected documents thereof under this rule, he shall forthwith report the fact by telegram to the Chief Controller and the Controller under whose jurisdiction the place where the explosives were seized falls and whenever any officer not being the district authority seizes, detains or removes any explosives or ingredients thereof or any connected documents thereof under this rule, he shall forthwith report the fact by telegram to the district authority concerned.
(3) Whenever any explosives are seized they shall be stored up in an isolated place under adequate guard until examination by Chief Controller or Controller and receipt of instructions from him as to their disposal.
—————
1. Subs. by S.O. 814(E), dated 6th October, 1989 (w.e.f. 12-10-1989).
(1) The Chief Controller or a Controller—
(a) shall destroy any explosive, whenever found—
(i) the manufacture, possession or import of which has been prohibited absolutely under section 6 of the Act; or
(ii) if the explosive belongs to the 5th (Fulminate) class and is being manufactured, possessed, used, sold, transported, exported or imported illegally without a licence under these rules;
(b) may destroy or render harmless any other explosives or ingredients thereof in respect of which the Chief Controller or Controller has reasons to believe that any of the provisions of the Act or these rules have been contravened or which, in his opinion are no longer fit for storage, transport or use and the matter appears to be urgent to such Controller and fraught with serious danger to public.
(2) Whenever the Chief Controller or a Controller destroys any explosive or ingredient thereof or renders it harmless under sub-rule (1), he shall take and keep a sample thereof provided if in his opinion such sample can be taken, transported and kept safely for the period required without any danger to any life or property and if required, give a portion of the sample to the person owning the explosive or having the same under his control at the time of seizure.
(3) Where any explosive or ingredient thereof is destroyed by a Controller he shall report all the facts to the Chief Controller. The explosives shall be destroyed or rendered harmless as provided under this rule at the expense of the occupier of factory magazine, store house or place of the owner of the explosives.
Whenever any report is made to the district authority by the Chief Controller or Controller of an infringement of the Act or of these Rules, the district authority shall take immediate action and shall inform the Chief Controller or the Controller, as the case may be, of the action taken by him on such report.
The notice of an accident required to be given under section 8(1) of the Act shall be given forthwith—
(a) to the Chief Controller of Explosives by Express Telegram (Telegraphic address—EXPLOSIVES, NAGPUR) followed within 24 hours by a letter giving particulars of the occurrence;
(b) to the Controller of Explosives in whose jurisdiction accident has taken place; and
(c) to the Officer-in-charge of the nearest Police Station,
pending the visit of the Chief Controller, or his representative, or until instructions are received from the Chief Controller or his representative that he does not wish any further investigation or inquirey to be made, all wreckage and debris shall be left untouched except in so far as its removal may be necessary for the rescue of persons injured, and recovery of the bodies of any persons killed, by the accident or in the case of aerodromes or railways, for the restoration of through communication.
(1) The Chief Controller shall arrange with the Heads of Armed Forces or Ordnance Factories or other establishments of such forces to be represented at courts of Inquiry where he so desires. The Chief Controller shall be provided with copies of the proceedings of court where he is not represented. The Heads of Armed Forces or Ordnance Factories or other establishments of such forces, as the case may be, shall co-operate with the Chief Controller by informing him immediately of occurrence liable to lead to the summoning of Courts of Inquiry on matter of interest to the Chief Controller as indicated by him.
(2) The Chief Controller may attend in person or send a representative and in either case he shall have power to examine witnesses, where he so desires.
(1) Whenever a District Magistrate, a Commissioner of Police or a Magistrate subordinate to a District Magistrate holds an inquiry under section 9 (1) of the Act, he shall adjourn such an inquiry unless the Chief Controller or an officer nominated by him is present to watch the proceedings or the Magistrate has received information of the Chief Controller that officer does not wish to send a representative.
(2) The Magistrate shall, at least 21 days before holding the adjourned inquiry, send to the Chief Controller a notice in writing of the time and place of holding the adjourned inquiry.
(3) Where an accident has been attended with loss of human life the Magistrates, before the adjournment, may take evidence to identify any bodies and may order the disposal thereof.
(4) The Chief Controller or his representative shall be at liberty at any such inquiry to examine any witnesses subject to the order of the Magistrate on points of law.
(5) Where the Chief Controller is not present or represented at any inquiry held by a District Magistrate or a Commissioner of Police or a Magistrate subordinate to District Magistrate, a copy of the report of the proceedings thereof shall be sent to him.
(1) Whenever an inquiry is held under section 9A of the Act, the persons holding such inquiry shall hold the same in open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accidents and enabling them to make the report under this rule:
Provided that where the Central Government so directs the inquiry may be held in camera.
(2) Whenever an enquiry under sub-rule (1) is held by a person other than the Chief Controller, such person shall arrange for the Chief Controller to be represented at such inquiry including any adjournment thereof. The person holding the inquiry shall, at least 21 days before holding the inquiry or any adjourned inquiry, send to the Chief Controller a notice in writing of the time and place of holding such inquiry. The Chief Controller may attend in person or send a representative and in either case, he shall have power to examine witnesses where he do desires.
(3) Person attending as witnesses before this court shall be allowed such expenses as are payable to witnesses attending before a civil court subordinate to the High Court having jurisdiction in the place where the inquiry is held. In case of dispute as to the amount to be allowed, the question shall be referred to the local magistrate who, on request by the court, shall ascertain and certify the proper amont of such expenses.
(4) All expenses incurred in relation to an inquiry or investigation under this rule shall be deemed to be part of the expenses of the Department of Explosives.
(1) The Explosives Rules, 1940, are hereby repealed.
(2) Notwithstanding such repeal—
(i) all licences or duplicates thereof granted or renewed under the said rules and all fees imposed or levied shall be deemed to have been granted, renewed, imposed or levied, as the case may be, under the corresponding provisions of these rules; and
(ii) all approvals given and all powers conferred by or under any notification or rule shall, so far as they are consistent with the Act and these rules, be deemed to have been given or conferred by or under this Act or these rules.