EXPLOSIVES RULES, 2008
(1) These rules may be called the Explosives Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires,--
(2) "Act" means the Explosives Act, 1884 (4 of 1884);
(3) "adirvettu or kadina" means sound producing device made of iron tube having strong base with a hole at the side close to the bottom, which is filled with gunpowder and fired by means of trail of dry loose gunpowder and approved by the Chief Controller of Explosives;
(4) "Ammonium Nitrate Fuel Oil Explosive (ANFO)" means an explosive mixture of ammonium nitrate and fuel oil which is not cap sensitive, but does not include emulsion or slurry explosive or site mixed explosive (SME);
(5) "authorised explosive" means an explosive included in the list of authorised explosives referred to in rule 6 and published by the Central Government f
(1) These rules are applicable for regulating the manufacture, import, export, transport, and possession for sale or use of explosives.
(2) Nothing in these rules shall apply to the manufacture, possession, use, transport or importation of any explosives by--
(a) any of the Armed Forces of the Union and Ordnance Factories or other establishments of such Forces for own use in accordance with the rules or regulations made by the Central Government;
(b) Indian railways while cuting as carrier;
(c) any person employed under the Central or State Government in exercise of any power under the Act or these rules.
(3) When the Chief Controller is of the opinion that an explosive does not pose a risk to public to w
(1) For the purposes of these rules, the explosives shall be classified in the manner specified in Schedule I. The dual system of classification shall be retained for five years from the date of commencement of these Rules, thereafter only UN classification shall be applicable.
(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 number of such classes.
(3) The fireworks are classified into the following categories depending upon the desired pyrotechnique effect:--
(i) Sound emitting fireworks.--Fireworks with sound level not exceeding 125 dB (A1) or 145 dB (C) pk at 4 meters distance from the point of bursting, for individual fire-cracker constituting the series (joined fire-crackers), the above ment
(1) Explosives are divided into four categories according to the risks which they present when initiated, namely:--
(a) Category X--Those explosives, which have a fire or a slight explosion risk or both but the effect of which will be local.
(b) Category Y--Those explosives, which have a mass fire risk or a moderate explosion risk, but not the risk of mass explosion.
(c) Category Z--Those explosives, which have a mass explosion risk and major missile effect.
(d) Category ZZ--Those explosives, which have a mass explosion risk and minor missile effect.
(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 Chie
(1) No person shall manufacture, import, export, transport, possess, sell or use any explosive unless it has been declared as an authorised explosive, by an order issued by the Chief Controller and published by the Central Government in the Official Gazette:
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.
(2) Any person desirous of including an explosive in the list of authorised explosives shall submit an application to the Chief Controller.
(3) The application submitted in accordance with sub-rule (2) shall be accompanied by following particulars, namely:--
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No person shall manufacture, import, export, transport, possess for sale or use an explosive except as authorised or licensed under these rules.
No licence shall be granted unless otherwise all the relevant provisions laid down under these rules are complied with and all conditions which are contained in the licence forms under Part 3 or Part 4 of Schedule V are satisfied.
Notwithstanding anything contained in rule 7, no licence shall be necessary for the following cases, namely:--
(1) manufacture of explosive in small quantities in an established laboratory for research and development purpose with prior permission from the Chief Controller under the conditions as may be imposed by him;
(2) manufacture, possession and sale of colour or star matches with prior permission from the Chief Controller under the conditions set forth by him in SET- XVI referred to in Part 4 of Schedule V:
Provided that the manufacture, possession and sale of colour or star matches shall be done in a factory approved by the Chief Controller and any person desiring to manufacture, posses and sell colour or star matches shall submit to the Chief Controller, an application, plans of the pr
(1) Restriction on manufacture--
(a) No explosives shall be manufactured at any place except at a licensed factory with manufacturing process duly approved by the licensing authority.
(b) No person shall manufacture any plastic explosive without adding marking agent as per the International Civil Aviation Organisation Resolution A 27-8 based on United Nations Security Council Resolution 635 of 14th June, 1989 and United Nation General Assembly Resolution 44/29 of 4th December, 1989;
(2) Restriction on import or export --
(a) No person shall import or export any explosive except under and in accordance with the conditions of licence granted under these rules.
(b) No explosive shall be imported or exported
(1) All operations associated with handling of explosives shall be carried out under supervision of competent person.
(2) No explosive shall be manufactured in any building or part thereof except under the supervision of a competent person employed by the licensee who shall be fully conversant with the process of manufacture of explosives, hazards connected therewith and the provisions of these rules.
(3) Professionally qualified person with Degree or Diploma in Engineering or Graduate in science having minimum 5 years experience in manufacturing explosives shall be an essential qualification and Diploma in Industrial safety as an optional qualification to be the competent person referred to in sub-rules (1) and (2) who shall be employed by the licensee to ensure compliance of safety norms in a factory' for manufacturing explosives of Cl
(1) Every magazine or process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with specification laid down by Bureau of Indian Standards.
(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 a qualified electrical engineer or any other person holding a certificate of competency in this behalf from the State Government and a certificate showing the results of such test and the date of the last test shall be conspicuously displayed.
(3) Whenever a thunderstorm appears to be imminent in the vicinity of a magazine or store house or processes building, every person engaged in or about such magazine or store house shall be withdrawn to a safe distance from such ma
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 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.
(1) A cemented trough at least fifteen centimetres deep shall be provided near each entrance of a magazine or storehouse. Such trough shall be kept filled with clean water and no person shall enter the magazine or storehouse without dipping overshoes or feet in such a trough so as to remove any grit or dust.
(2) Oiled cotton, oiled rags or oiled waste or any articles l
(1) No person shall import, export, tender for transport, cause to be transported, possess or sell any explosive unless -
(a) it is packed in the manner laid down in Schedule II;
(b) the container or package is marked in accordance with rule 15;
(c) the packages conform to the relevant standard of Bureau of Indian Standards or other standards accepted and approved by the Chief Controller,
(d) packages of explosives for export or import conform to the requirements of the tests as specified for various classifications under International Maritime Dangerous Goods Code (hereinafter referred to as the IMDG Code in these rules) or International Air Transport Authority code or United Nations recommendations on the transport of Dangerous Goods and committed
(1) Marking on packages -
(i) The outer package shall be marked in conspicuous indelible character, by means of a stamping, embossing or painting with--.
(a) the word "EXPLOSIVES";
(b) the name of authorised explosive;
(c) the number if any of the Class and the Division including sub-division to which it belongs;
(d) the safety distance category of explosive;
(e) the name of the manufacturer;
(f) identification number of the package;
(g) the net weight of explosives;
(h) gross weight of the package;
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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 Class 6 (Ammunition) or Class 7 (Fireworks), 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, but shall not include the weight of the inner package and outer packing box.
If any explosive escapes from the package in which it is contained, or is split, such explosive shall immediately be carefully collected and destroyed in a safe manner as provided in 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.
(3) The statutory provisions regarding pollution, as applicable as far as these rules are concerned, shall be complied with.
(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.
(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 comply with the provisions of these rules and the conditions of the licence relating thereto and observe all due precautions for the prevention of thefts or accidents by fire or explosion.
(3) Every person shall prevent any other person from committing any such act as is prohibited under sub-rule (1).
(1) For manufacturing factory--Every building used for production, handling, storage, 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 licencing authority:
Provided that the licensing authority may allow blast walls in place of substantial mound if such blast walls can be provided for the purpose.
(2) For magazines.--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. The mound shall be provided near the magazine and constructed as per approved specification, if applicable and shall be shown in the drawing
(1) The licensee shall at his own expense provide security guards for safe custody of the factory or magazine for storage of explosives other than fireworks.
(2) For the purposes of sub-rule (1), the security guards shall be of such strength as the District Magistrate may consider it to be sufficient.
(3) A factory licensed under these rules for manufacture of explosives shall be surrounded by a wall or security fencing at least two metres high of such strength and construction as to effectively prevent entry of unauthorised persons.
(4) The area enclosed by such wall or fence referred to in sub-rule (3) shall cover the safety zone required to be kept clear from any of the process buildings or sheds.
(5) The licensee for a magazine shall provide a s
(1) No electrical equipment shall be used in places where explosives are being manufactured, handled or stored except with the prior permission of the Chief Controller.
(2) The electrical equipment shall be of a type acceptable to the Chief Controller,
No person shall--
(1) provide false or misleading information in any application made or statement submitted under these rules; or
(2) falsify, erase or fraudulently alter any entry in any log, document or other record required to be kept or maintained under these rules; or
(3) change or alter any licence, permit or other documents issued under these rules.
(1) Every person holding a licence granted under these rules for manufacture, possession, sale, use or transport of explosives shall maintain records in the prescribed forms specified in Part 5 of Schedule V and shall produce such records on demand to an authority specified in rule 128.
(2) Stock books in prescribed forms shall be page numbered and certified by any officer authorised under these rules and such records shall be retained for period of three years, unless otherwise directed by an authority.
(3) The licensee shall submit quarterly returns of explosives (other than fireworks) manufactured, received, sold or transferred or used or destroyed or imported or exported to the Controller as well as District Magistrate in the form prescribed in Part 5 of Schedule V so as to reach the above authority within tenth day of every succeedi
Records of all accidents occurring within the licensed premises shall be maintained and shall be made available to the inspecting authority.
(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, namely:--
(a) the detailed process starting from the raw materials, to the finished product describing the plant and equipment, quantises of materials handled, operating conditions and parameters, nature of controls and safety devices provided in the proposed method of treating effluents and waste explosives;
(b) the nature and composition of the explosives;
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The applicant shall submit a copy of the safety management plan to the District Magistrate.
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 the process of manufacture.
A building in which explosives or any ingredient thereof which either by itself is possessed of explosives properties, or which when mixed with any other ingredient or article also present in such building is capable of forming an explosive mixture or an explosive compound, kept or resent, or in the course of manufacture is liable to be, shall be a danger building; and the interior of every such building, and the benches, shelves and fittings in such building (other than the machinery) shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the formation and 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.
Oiled cotton, oil rags and oil waste and any other article liable to spontaneous ignition shall not be taken into any building where explosives are kept 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.
The particulars mentioned hereunder shall be prominently marked or exhibited in every process building, namely:--
(1) outside the building--
(a) the name and identification number of the building as per plan approved by the licensing authority; and
(b) man-limit and explosives limit.
(2) inside the building--
(a) man limit and explosives limit;
(b) general safety instructions;
(c) operating instructions; and
(d) safe process details.
No ingredient shall be made or mixed into an explosive unless it has been thoroughly treated by sifting or other effective means for the detection and removal of all foreign objects or matters that might cause danger.
(1) All explosives processed in a process building shall immediately be removed to the next process building or a licensed magazine or storehouse, 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.
Every person engaged in the manufacturing factory shall be imparted training in safety by competent person periodically during manufacture, handling, transportation and storage of explosives and records of such trainings shall be maintained.
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 the licensed premises shall always be maintained in a fit condition. All plants and equipments in a licensed factory shall be regularly serviced and maintained in a proper and fit condition by the licensee.
(2) 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 safety process of removal.
(3) 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 safety personnel and a copy each of such permit shall be preserved for a period of three months and presented on demand by an inspecting authority,
(4) If major repairs are done to a b
Proper testing facilities 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 or Controller:
Provided that the Chief Controller or Controller, as the case may be, may direct the licensee, by a written order to provide 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.
Whenever the Chie f Controller or Controller requires under sub-rules (7) or (12) of rule 6 testing of any explosive by the Departmental Testing Station, the manufacturer or the applicant shall submit the samples of the explosives, free of cost to the Departmental Testing Station in required quantities:
Provided that if considered necessary, Chief Controller or Controller, as the case may be, may draw samples through his subordinate officers.
If at 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 licensing authority may issue an order in writing directing the licensee to stop forthwith the manufacture of such explosive till such time the operation or the composition is rectified to the satisfaction of the licencing authority.
If the licensing authority stops the manufacture of any explosives under rule 40 or if any explosive is not manufactured for a continuous period of five years, such explosives may be excluded from the list of authorised explosives by the Chief Controller.
(1) The laboratories, process buildings and machineries therein shall be swept and cleaned at the end of each shift or earlier if necessary, and the sweepings and waste explosives shall be properly collected and stored in a safe place and safely disposed of.
(2) Adequate facilities for safe destruction under the supervision of a person adequately competent 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).
No licence for import or export of explosives by land shall be granted without the previous sanction of the Central Government in each case, wherein the Central Government may impose conditions and restrictions in consultation with the Chief Controller.
The provision of rules regulating to handling of explosives at the notified ports issued under the Act and respective port rules and bye-laws shall be observed.
(1) Declaration by importer - A person holding an import licence granted under these rules shall furnish a declaration to the Chief Controller--
(a) in Form RE-8 under Part 5 of Schedule V as soon as ship carrying explosives sails from the port of loading;
(b) in Form RE-9 under Part 5 of Schedule V as soon as any shipment of explosives is cleared from the port of import.
(2) Declaration by master of ship or by the ship's agent -
(a) The master of every ship carrying explosives or the agent for such ship shall give the Conservator of the port not less than forty eight hours' notice of its intended arrival at the port.
(b) The master of every ship carrying explosives shall deliver to the pilot before ente
(1) Declaration by exporter or his agent--
(a) The exporter or his authorised agent shall give the conservator of the port not less than forty eight 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.
(b) The exporter or his authorised agent shall produce before the conservator of a port--
(i) licence granted under these rules for export of explosives in question;
(ii) a certificate issued by the exporter to the effect that the explosives have been packed and marked in accordance with the UN regulations.
(c) The exporter or his authorised agent shall also submit to the Ch
(1) Every consignment of explosives transported under licence shall be accompanied by a pass issued by the consignor in Form RE-12 under Part 5 of schedule V.
(2) Such pass shall be attached to the way-bill, invoice or despatch note as the case may be
(3) A copy of every pass issued under sub- rule (2) shall forthwith be sent by the consignor to---
(a) the licensing authority who issued the licence of the consignor;
(b) the Controller and the District Superintendent of Police in whose jurisdiction the place from which the consignment is sent is situated;
(c) the Controller and the District Superintendent of Police in whose jurisdiction the place to which the consignment is sent is situated.
(1) Before transporting or tendering for transport an explosive of Class 3 (Nitro-compound) or Class 4 (Chlorate mixture), the consignor shall attach to the consignment a valid certificate in Form CE-1 under Part 6 of Schedule V or certified copy thereof granted by testing officer.
(2) The certificate referred to in sub-rule (1) shall be issued by the testing officer after conducting the tests as per the methods of testing set forth in Schedule III as applicable to such explosives in accordance with the existing specification prescribed by the Bureau of Indian Standards.
(3) Certificate referred to in sub-rule (1) shall be valid for a period of twelve months from the date of issue.
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.
(1) The operator of a vehicle used for the transport of explosives except fireworks and safety fuse shall ensure that the driver or any attendant thereof has in his possession the following documents during transport, namely:--
(a) copy of indent in form RE-11 under Part 5 of Schedule V, issued by the consignee;
(b) copy of transport pass in form RE-12 under Part 5 of Schedule V issued by the consignor;
(c) copy of road van licence;
(d) original copy of bill of explosives being transported.
(2) The documents mentioned in sub-rule (i) shall be produced on demand by the authority empowered under rule 128.
The quantity of explosives except fireworks and safely fuse transported shall not exceed--
(1) ten tonnes or half the carrying capacity of a railway wagon whichever is less;
(2) ten tonnes or the maximum carrying capacity of a road van, permitted by road transport authority, whichever is less:
Provided that if the explosives to be transported is of Class 2, the quantity of explosives shall not exceed fifteen tonnes or the maximum carrying capacity of the van, whichever is less;
(3) one tonne in any animal drawn carriage;
(4) twenty two and half tonnes or the maximum quantity permitted in International Maritime Dangerous Goods Code, as applicable whichever is less, in any one boat;
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(1) No person shall despatch any explosives except fireworks to a carrier other than the Indian Railways for the purpose of transport.
(2) No person shall despatch any explosive to the Indian Railways for the purpose 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 14 and 15;
(iii) stating the true name, description arid 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 explosive for immediate
(1) Every explosive shall be loaded and unloaded at a safe distance from the station buildings, 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 explosives after sunset within a licensed factory may be carried out up to 22 hours at a well-illuminated place approved by the Chief Controller.
(4) Nothing in sub-rule (1) and sub-rule 5 of rule 10 shall apply to any operations connected with the transport of explosives by passenger train or by a pick-up vehicle or a van
No explosive 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.
The person or persons in charge of carriage or vessel carrying explosives 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 reasonably be dangerous to public.
Before any repairs or alterations are commenced in any 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.
Nothing contained in rules 49, shall apply to the transport of manufactured fireworks in the custody of a person entitled to possess them without a licence under sub-rule (5) of rule 9:
Provided that not more than five kilograms of manufactured fireworks, securely packed in original packing, shall be so transported in any motor vehicle used 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 company exceed the maximum quantity or International Maritime Dangerous Goods Code, as applicable, or as stated in rule 51, whichever is less, for any one carriage or boat, such carriages or boats shall not approach within fifty metres of one another:
Provided that--
(1) nothing in this rule shall apply to the transport of explosives by rail;
(2) the Conservator of the port may waive the requirement within the limit of a port if in his opinion it is impracticable to secure compliance within this rule.
All the safety provisions stated in Part 3 of Schedule VI annexed to these rules shall be complied with for transport of explosives by water within India.
All the safety provisions stated in Part 4 of Schedule VI annexed to these rules shall be complied with for transport of explosives by Rail within India.
(1) No person shall transport or cause to be transported any explosive in a road van or compressor mounted motor truck or tractor unless such vehicle is licensed under these rules to transport explosives. The road van shall meet the requirements laid down in specification 5 of Schedule VII and compressor mounted motor truck or tractor shall meet the requirements laid down in specification 5 thereof and shall be approved by Chief Controller.
(2) The licensee of road van shall maintain records of all transactions in Form RE- 6 under Part 5 of Schedule V.
(3) The licensee of road van, compressor- mounted truck or tractor, as the case may be, should engage only such drivers or cleaners, whose antecedents are verified by the local police. A list of such drivers or cleaners along with all personal particulars should be made available to the lo
(1) No person shall transport or cause to be transported any explosives on any road within the limits of a municipality or cantonment where such a road is specifically prohibited for plying vehicles carrying explosives.
(2) Nothing in sub rule (1) shall apply to--
(a) any explosive of Class 7(Fireworks), or safety fuse; or
(b) other explosives not exceeding five kilograms in weight.
No explosive other than fireworks or safety fuse shall be transported by any carriage, which is not, a road van or compressor mounted motor truck or tractor:
Provided that any carriage, which is not a road van or compressor mounted motor truck or tractor, may transport any explosive if the distance from the place of loading to the place of destination does not exceed ten kilometres 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
(1) The person in charge of loading explosives 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 re-stowed with as little disturbance as possible.
(2) No person shall load or unload explosives onto 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 other than fireworks 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 one thousand kilograms 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 maintained in safe working condition suitable for transport of explosives.
(4) 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, and shall avoid stops or places where public safety is in danger:
Provided that where a
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 shall also provide reflectors or use blinking lights in such position as to convey an effective warning of the presence of the road van to the drivers of other vehicles.
(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 the 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 examination by the Controller if required, and then arrange for transpo
(1) Every road van shall be provided with two fire extinguishers of minimum two kilograms capacity. One of the extinguishers shall be capable of dealing with fire involving electric circuits and the other, with other inflammable components.
(2) The fire extinguishers shall always be kept in good working condition.
(3) The fire extinguishers shall be located where they will be convenient and ready for immediate use.
(4) The fire extinguishers shall be examined and recharged according to the manufacturers' recommendations.
(1) A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence.
(2) The 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.
(3) 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.
(4) The name and address of the person alongwith passport size photograph with whom the keys will be kept shall be furnished to the licensing authority and the C
(1) 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, namely:--
(a) Name of the explosive;
(b) Class, Division and sub-division as per to Schedule I;
(c) Quantity of explosive packed;
(d) Name of licensee with licence number of the magazine from where the explosive is being supplied and packed;
(e) Date of packing;
(f) Name and address of the consignee.
The licensee of every magazine or storehouse shall ensure that the explosives are always kept in their original outer package and if the outer package gets damaged in a manner that the explosives contained therein cannot be stored or transported, such explosives shall be repacked after giving prior intimation well in advance to the Controller having jurisdiction over the area with all necessary details.
(1) The quantity of any kind of explosives kept in any licensed magazine or storehouse shall not exceed the quantity entered in the licence against such kind of explosives.
(2) Notwithstanding anything contained in sub-rule (1), the licensing authority may issue a permit for a period not exceeding fifteen days, on receipt of the such fees as prescribed under Part-2 of Schedule IV, to a licensee for storage of explosives in excess of the licensed quantity when such authority is satisfied that such excess storage is essential and unavoidable due to circumstances beyond the control of the licensee:
Provided that such excess storage shall not exceed one third of the licensed quantity.
(3) The licensing authority may refuse to grant a permit for excess storage of explosives if such excess storage i
A permit for a period not exceeding thirty days may be granted by the licensing authority to a licensee for fireworks shop to possess one-third in excess of the licensed quantity on receipt of fees as prescribed under Part 2 of Schedule IV:
Provided that adequate floor area to accommodate excess storage is available in such shop.
A licensee for possession, sale or use of explosives in and from a magazine licensed in Form LE-3 shall purchase only such quantity of explosives in a given period as may be specified in the licence.
(1) All licenses granted under these rules shall bear the photograph of the licensee or occupier.
(2) For purchase and transaction of explosives, following procedures shall be observed--
(a) Indent Form RE-11 under Part 5 of Schedule V shall be signed by the licensee or his authorised representative;
(b) Photograph and specimen signature of the licensee or occupier shall be filed with the supplier of explosives;
(c) Photograph, specimen signature and address of the licensee's authorised representative duly attested by the licensee or occupier shall be filed with the supplier of explosives;
(d) The supplier of explosives shall verify the photograph and signature before effecting the delivery;
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A magazine, store house, or shop shall be conducted at ground level only. A magazine or storehouse shall be a single storey building.
Packages shall be stacked in magazine or store house in such a manner so as to facilitate inspection of the condition of all packages stored and to read the marking particulars of each package and in the manner provided under Schedule VII.
(1) Detonators or gunpowder or fireworks shall be stored only in separate rooms or compartments meant for each in a magazine.
(2) Paper caps or colour or star matches shall be stored in separate compartments.
Magazine used for storage of explosives shall be constructed as per Specification 2 of Schedule VII.
(1) Store house shall be used only for possession of fireworks not exceeding five thousand kilograms or safety fuse not exceeding fifty thousand meters and not for sale.
(2) A person holding licence for possession and sale of fireworks or safety fuse from a shop shall be eligible for a licence for one store house per shop.
(3) The store house shall be constructed as per Specification 3 of Schedule VII.
(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse, permitted in licence shall be stored in a shop for possession and sale.
(2) Construction of shop.--The shop shall be constructed of a brick, stone or concrete and the shop shall be closed and secured so as to prevent unauthorised person from having access thereto.
(3) The premises shall have storage area not less than nine square meters and not more than twenty five square meters
(4) The shop shall --
(a) be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable;
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During festivals, the District Magistrate may issue temporary licences for possession and sale of fireworks in a temporary shop subject to the following conditions namely:--
(1) The fireworks shall be kept in a shed made of non-flammable material, which is closed and secured so as to prevent unauthorised persons having access thereto.
(2) The sheds for possession and sale of fireworks shall be at a distance of at least three metres from each other and fifty metres from any protected work.
(3) The sheds shall not face each other.
(4) No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds. Electrical lights, if used. shall be fixed to the will or ceiling and shall not be suspended by flexib
(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.
(1) Factory or magazine--The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence, as the case may be.
(2) Store house.--The store house licensed for possession of fireworks or safety fuse shall maintain safety distance of three metres from protected works and minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.
(3) Shop.--The shop licensed for storage and sale of small arms nitro-compound, fireworks or safety fuse shall be at a distance of minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.
Section R.86 of the Explosives Rules, 2008, pertains to the penalties and punishments for violations related to the handling, storage, transportation, or misuse of explosives. It aims to ensure compliance with safety standards and regulate explosive activities to prevent accidents and misuse.
Section R.86 prescribes the punishment for contravention of the provisions of the Explosives Rules, 2008. It stipulates that any person who violates any rule or order made under the Act shall be liable for penalties, which may include fines or imprisonment, as specified in the Rules or the Act.
The section applies to all individuals and entities involved in activities related to explosives, including manufacturers, transporters, storage operators, and users, who fail to comply with the Rules. It covers violations committed within India and pertains to offences under the Explosives Act, 1884, as incorporated into the Rules.
The penalties may include:- Imprisonment for a term which may extend to two years.- Fine which may extend to fifty thousand rupees.- Both imprisonment and fine, depending on the severity of the offence and discretion of the court.
Note: The references are primarily based on the Explosives Rules, 2008, and the PESO's enforcement framework, as the specific text of R.86 was not directly available but inferred from the context of the Rules and related legal provisions.
The premises in which small arms nitro-compound or fireworks or gun powder or safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes when small arms nitro-compound or fireworks or gun powder or safety fuse is stored:
Provided that the premises may be used for other purposes except for inflammable and dangerous substances when small arms nitro-compound or fireworks or gun powder or safety fuse are not stored in the premises.
No person shall sell fireworks from any premises other than those licensed under these rules.
(1) An explosive of one description shall not be converted into an explosive of another description.
(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.
(1) Explosives shall only be conveyed from the licensed storage premises to near the site in original unopened packages or in closed containers used solely for that purpose and securely locked. No manufacturer shall directly supply the cartridged explosives for charging of boreholes at the blasting site.
(2) Explosives shall not be taken to a point nearer than fifty 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 day's work shall be returned to the licensed premises from which the same was taken.
(5) The carrying box used for carrying explosives from ori
(1) Explosives before use shall be visually examined for any visible defects and any defective explosive 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 set-aside for 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 fifteen metres of the holes unless otherwise specified to the contrary by the licensing authority.
(3) When charging is completed, any surplus explosives, detonators or 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 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 no
The licensee or an authorised person appointed by the licensee to be in charge 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 cables should have the insulation removed for a maximum length of 5 centimeters and should then be made clean and bright for a minimum length of 2.5 centimeters 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 or a shot firer employed by him to be in-charge of blasting operations shall take all precautions against fire, accident, loss, pilferage etc., of explosives and will be personally held responsible for any contravention of the relevant provisions of the Act or Rules thereof.
Blasting operations in mines shall be carried out as per the Mines Act, 1952(35 of 1952) and such operations shall be carried out according to regulations framed under that Act. The shot firer employed for blasting operations shall take all precautions against fire, accident, loss, pilferage etc., of the explosives and personally be held responsible for any contravention of the provisions of the Explosives Act, 1884 and the rules thereof.
(1) Blasting operation shall be carried out by a shot firer holding valid certificate issued by the Controller.
(2) A copy of the certificate shall be carried by the shot firer during blasting operations.
(3) The shot firer shall take all due precautions in handling or charging or blasting operations.
Licences and certificates for specific purposes may be granted by the authorities specified in Part 1 of Schedule IV.
(1) When the licensing authority is the Chief Controller or Controller, the fees payable under these rules shall be paid by a crossed Bank Draft and when the licensing authority is the District Magistrate, the fees payable under these rules shall be paid in such manner as may be specified by him.
(2) The amount of various types of fees payable under these rules shall be as per Part 2 of Schedule IV
(3) When a licence is sought for more than one financial year, the fees for the desired number of financial years at the rate prescribed in Part 2 of Schedule IV shall be payable.
(1) A person desiring to obtain a licence for manufacture. possession for sale, use, transport of explosives, under these rules, shall obtain prior approval front the authority empowered to grant such licence, by submitting documents mentioned in rule 113.
(2) The District Magistrate while granting the prior approval, shall return to the applicant one set of approval together with plans and Form DE-2, if required, showing distances required to be kept clear in and around the premises.
(3) The Chief Controller or Controller while granting the prior approval, shall return to the applicant one set of approval together with plans and a Form DE-2 if required, showing distances required to be kept clear in and around the premises and an additional set of the said documents to enable the applicant to submit the same to the authority authorised
(1) After approval under rule 101, the person desiring to obtain a licence for manufacture, possession for sale or use of exprosives shall obtain a no objection certificate from the District Magistrate or Director General of Mines Safely, as the case may be before commencing construction of the premises.
(2) Certificate referred to in sub-rule (1) shall not be required if--
(a) 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;
(b) the premises for which the new licence is required is situated within the same survey number, in which the applicant has an existing premises and a valid licence for the same.
(c) any othe
(1) The applicant desiring to obtain a licence from the Chief Controller or Controller, shall apply to the District Magistrate or the Director General of Mines Safety with copies of the site plan showing the location of the premises proposed to be licensed for issue of a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed.
(2) The District Magistrate shall be the authority to issue the certificate referred to in sub-rule (1) if the area of the proposed site does not come under the Indian Mines Act, 1952 (35 of 1952) and the Director General of Mines Safety shall be such authority if the area of the proposed site is for ANFO, Liquid Oxygen Explosives or SME and comes under the Indian Mines Act, 1952.
(3) The District Magistrate on receipt of application referred in sub-rule (1), sh
On receipt of no objection certificate under rule 103, the applicant shall start construction of the premises or installation of the facilities:
Provided that in case of shops or storehouses or other premises, which are already constructed, no objection certificate may be obtained subsequently.
After the construction of premises is completed, the applicant shall apply for grant of licence along with documents stated in rule 113.
The licensing authority may grant a licence for the period deemed necessary but not exceeding--
(1) six months for import or export of explosives;
(2) one month for public display of fireworks;
(3) five financial years or part thereof in case of manufacture of explosives or storage magazine;
(4) thirty days for temporary fireworks shops;
(5) ten financial years or part thereof for all other cases.
(1) The licensing authority, on being satisfied with the documents received for grant of licence, and after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act and these rules, by order in writing either grant the licence or refuse to grant the same.
(2) A copy each of every licence other than for import or export of explosives granted by the Chief Controller or the Controller shall be forwarded to the District Magistrate and the Superintendent of Police of the District and the Controller in whose jurisdiction the premises are situated.
(3) When the licensing authority grants a licence other than for export or import of explosives, after conducting inspection of the premises to ensure conformity of the premises to the provisions of the Act and these rules, such authority shall end
(1) A licence granted under these rules may be transferred by the authority empowered to grant the licence.
(2) An applicant who desires to get the licence transferred in his favour shall submit to the licensing authority--
(a) an application in form appropriate for grant of the licence;
(b) specimen signature of the applicant or his authorised person;
(c) a letter from the existing licensee signed by the authorised person requesting the transfer of licence in favour of the applicant or a succession certificate from a competent court in case of death of a licensee being an individual;
(d) original licence issued to the existing licensee;
(e) copies of supportin
(1) A licence granted under these rules may be amended by the authority empowered to grant the licence if the amendment is not 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 there for;
(b) the original licence together with enclosures to it;
(c) plans showing the details of the proposed amendment if such plans are required by the licensing authority for the purpose of amendment;
(d) prescribed scrutiny fee;
(e) prescribed amendment fee.
(1) Wherever, name of the licensee such as firm or company or association or society is proposed to be changed, the licensee shall submit application to the licensing authority for amendment of licence in favour of the new name along with--
(a) application in the form as appropriate for grant of licence;
(b) documentary evidence with supporting documents in respect of the change of the name;
(c) copies of all approved drawings in the new name of the licensee;
(d) no objection certificate from the District Magistrate for change in the name of the licensee;
(e) requisite scrutiny fee and amendment fee.
(2) In case of change of name of licensee being manufacturer
Whenever any new partner or member or director is inducted in the partnership firm or society or association or company, as the case may be, without any change in the name of the licensee firm or society or association or company, the licensee shall submit application to the licensing authority for accepting the newly inducted partners or members or directors,--
(a) names and addresses of newly inducted partners or directors or members as the case may be, and in case the occupier is changed, photographs of the new occupier;
(b) certificate of verification of antecedents from the District Magistrate of the newly inducted partners or members or directors or occupier, as the case may be;
(c) requisite scrutiny fee;
(d) any other document as may be call
Section R.111 of the Explosives Rules, 2008, pertains to the procedural requirements for the change of occupier or director of a licensee involved in handling explosives. It emphasizes the importance of verifying antecedents and following due process before approving such changes, ensuring safety and regulatory compliance.
Section R.111 prescribes the procedure for a licensee to effect changes in the partnership, directorship, or occupancy. It mandates submission of:- Names and addresses of newly inducted partners/directors/occupiers,- A certificate of verification of antecedents from the District Magistrate of the concerned jurisdiction,- Requisite scrutiny fees,- Any other documents as required by the licensing authority.
The section also specifies that the certificate of antecedents must be obtained from the District Magistrate of the relevant jurisdiction before the change is approved.
The section applies to all licensees dealing with explosives under the Explosives Rules, 2008, who seek to change their partners, directors, or occupiers. It aims to ensure that only individuals with verified antecedents manage or occupy positions related to explosives, thereby preventing unauthorized or unsafe handling.
While Section R.111 itself does not specify penalties, non-compliance or violation of its provisions can lead to:- Suspension or cancellation of licenses,- Legal action under the Explosives Act, 1884,- Penalties for contravention of safety regulations,- Potential criminal liability if safety is compromised.
Procedural Safeguard - Section R.111 mandates verification of antecedents from the District Magistrate, ensuring due diligence before change approval. This aligns with the overarching safety objectives of the Explosives Rules, 2008. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Jurisdictional Authority - The requirement of certificate from the District Magistrate emphasizes the role of local authorities in maintaining safety standards and preventing unlawful handling of explosives. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Preventive Mechanism - By mandating antecedent verification, the section acts as a preventive measure against the entry of unfit or criminal elements into the explosives handling domain. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Legal Validity - The procedure laid down in R.111 is consistent with the Explosives Act, 1884, and ensures legal sanctity to change of occupancy or directorship, reducing chances of illegal activities. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
Compliance and Enforcement - Failure to submit the required antecedent certificate or to follow the prescribed procedure can lead to administrative action including license suspension or cancellation, and possible criminal proceedings. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Role of District Magistrate - The section underscores the critical role of the District Magistrate in verifying antecedents, acting as a gatekeeper for safety and security in explosives management. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Impact on Licensing Process - Incorporation of R.111 in licensing procedures enhances the integrity of the process, ensuring only responsible individuals occupy key positions. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
Interplay with Other Rules - R.111 works in conjunction with other rules such as Rule 112 (renewal), Rule 113 (licensing), and Rule 114 (exemptions), forming a comprehensive regulatory framework. [Salina Thomas VS Land Revenue Commissioner, Public Office Compound, Museum Junction]
Legal Safeguards - The requirement of prior antecedent verification provides a legal safeguard against unauthorized or unsafe handling of explosives, aligning with the principles of natural justice and safety. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Case Law Support - Courts have upheld the importance of procedural compliance under R.111, emphasizing that failure to verify antecedents can vitiate the change approval and compromise safety. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Risk Mitigation - Ensuring verified antecedents mitigates risks associated with theft, sabotage, or criminal misuse of explosives, which is vital for public safety and national security. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
Administrative Discretion - The licensing authority has discretion to refuse or approve changes based on the antecedent certificates, balancing safety concerns with administrative efficiency. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
Legal Consequences of Violations - Non-adherence to R.111 can lead to criminal liability under the Explosives Act, 1884, especially if safety standards are compromised. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Policy Reflection - The section reflects a policy of proactive safety management, requiring verified personal history before entrusting individuals with explosive handling responsibilities. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
Broader Legal Framework - R.111 is part of the broader legal architecture governing explosives, integrating licensing, safety, and personnel verification to prevent accidents and misuse. [Salina Thomas VS Land Revenue Commissioner, Public Office Compound, Museum Junction]
Importance of Updated Certificates - The law emphasizes the need for recent and valid antecedent certificates, preventing reliance on outdated or unverified documents. [Prasad Technology Park (P) Ltd VS State Of Karnataka]
Legal Recommendations - Courts have advised strict compliance with R.111, cautioning authorities and licensees against shortcuts that could jeopardize safety and legal integrity. [Hindustan Zinc Ltd. VS Commercial Taxes Officer, Special Circle, Udaipur]
In summary, Section R.111 of the Explosives Rules, 2008, establishes a robust procedural mechanism for verifying the antecedents of individuals occupying key positions in explosives handling, thereby reinforcing safety, security, and legal accountability. Non-compliance undermines regulatory objectives and exposes licensees and authorities to legal sanctions, emphasizing the importance of strict adherence to prescribed procedures.
(1) Every licence except the licences granted for a specific period not exceeding one year, shall be renewable for a maximum period of five financial years ending on the 31st March.
(2) Every application under sub-rule (1) for renewal of the licence shall be accompanied by the following documents, namely:--
(a) application in Form RE-1;
(b) the original licence;
(c) prescribed renewal fee.
(3) 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:
&
The following documents shall be required to be submitted for approval and grant of licence.--
Sl. No. Purpose of Licence Article number as per Part I of Schedule IV Licence Form Documents required for approval Documents required for grant of licence
1 2 3 4 5 6
1. Licence to manufacture fireworks or gunpowder or both not exceeding 15 kilogramraes at any one time. Ka)4 LB-1 (i) Form AE-1;(ii) Plans of the proposed buildings or sheds and the site showing approach road to the factory, all buildings in and around, and safety distances maintained;(iii) Particulars of competent persons and their experience in rel
The authority refusing to grant approval or licence including amendment and renewal shall record in writing the reasons for such refusal and communicate the same to the applicant. Before refusal, the applicant shall be given an opportunity of being heard.
(1) No objection certificate granted under rule 103, may be cancelled by the authority issuing the same or authority superior to it, if such authority is satisfied, that--
(a) the licensee has ceased to have any right for the lawful possession over the licensed premises;
(b) the licensee is convicted and sentenced for any criminal offence or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour;
(c) the cancellation of no objection certificate is absolutely necessary for public peace and safety:
Provided that before cancellation of the no objection certificate, the licensee shall be given a reasonable opportunity of being heard.
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(1) The licensing authority refusing to amend or renew a licence shall record the 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 these rules.
(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 up to the date from which renewal thereof is refused.
(5) Before refusing
If the authority grants, amends or renews a licence for a quantity or period less than the quantity or period applied by the applicant, the authority shall record in writing the reasons for such reduction in licence quantity and shall communicate the same to the applicant on demand.
(1) Every licence granted under these rules shall--
(I) stand cancelled, if--
(a) the licensee has ceased to have any right for the lawful possession over the licensed premises;
(b) the licensee is convicted and sentenced under any criminal offences or ordered to execute under Chapter VIII of the Code of Criminal Procedure. 1973 (2 or 1974), a bond for keeping peace for good behaviour.
(II) stand cancelled, if the no-objection certificate is cancelled by the authority issuing the same or District Magistrate or the State Government in accordance with rule 115.
(III) be liable to be suspended or cancelled b\ an order of the licensing authority for any contravention of the Act or these rules or of any condit
(1) A licensee on the expiry, suspension or revocation or cancellation of the licence shall forthwith give notice to the licensing authority, of the description and quantity of explosives in his possession and shall comply with the directions which the licensing authority may give in regard to their disposal.
(2) In case the licence is revoked or cancelled by the licensing authority, fee for unexpired portion will be reimbursed to the applicant by the licensing authority.
(1) A shot firer's certificate for use of explosive may be refused or withdrawn for any of the following reasons, namely:--
(a) non-compliance with any order of the issuing authority within the time specified by such order;
(b) the applicant or holder is an unlawful user of, or is addicted to, narcotics or dangerous drugs;
(c) the applicant or holder advocates, or knowingly belongs to, any organisation or group that advocates violent overthrow of or violent action against any State Government or the Central Government;
(d) the applicant or holder suffers from a mental or physical defect that would interfere with the safe handling of explosives;
(e) violation by the applicant or holder of any provision of
(1) An appeal against an order of the authority refusing to grant or renew a licence or suspending or revoking a licence or certificate or varying the condition of a licence or certificate shall lie, if the order is passed by the--
(a) Chief Controller,--to the Central Government;
(b) Controller,--to the Chief Controller;
(c) District Magistrate,--to the immediate superior to such authority.
(2) Every appeal referred to in sub-rule (1) shall be preferred in accordance with the provisions of the Act and shall be presented within sixty days of the date of the communication of such order.
(3) Every appeal shall be accompanied by fees specified in Schedule IV annexed to these rules and the fees shall be refun
(1) 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 appellant a reasonable opportunity of being heard, pass final orders.
(2) When the State Government is the appellate authority, it may, if desired, may consult the Chief Controller regarding technical matter.
(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 the licensee's death or mental incapacity or insolvency or disability, as the case may be.
(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 incapacity or other disability as the case may be, of the licensee, and
(b) shall await the directions of the licensing authority with regard to the disposal of the explosives kept at the licensed premises.
Where a licence granted under these rules or an authenticated copy granted thereof, is lost or accidentally destroyed, a duplicate may be granted on payment of fees, specified in Part 2 of Schedule IV.
(1) Every person holding or acting under a licence granted under these rules shall, when called upon to do so by any authority specified in rule 128, produce it, or an 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 authority specified in rule 128.
(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 affect the powers of executive control of the Chief Controller over the officers subordinate to him.
(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 or District Magistrate 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 of any person, such Controller or District Magistrate 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 appellate authority
(1) Any authority specified in column (1) of the Table below may within the jurisdiction specified in the corresponding entry in column (2) of that table--
(a) enter, inspect and examine any place, aircraft, train, carriage, vessel or any mode of transport 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 on payment of the value thereof, if such payment is demanded at the time of the sample are taken;<
(1) The Chief Controller or a Controller--
(a) shall destroy any explosive other than military ammunition of Indian or foreign origin, 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 Class 5 (Fulminate) 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 coming within the purview of these rules, or ingredient 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 lo
Whenever any report is made to the District Magistrate by the Chief Controller or Controller of an infringement of the act or of these rules, the District Magistrate 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.
(1) The notice of an accident required to be given under section 8 of the Act shall be given within twenty four hours of the happening of the accident by telephone, telegram, E-mail, fax or in any other electronic mode or by special messenger followed by a written report signed by the occupier or authorised person to the same authorities giving particulars of circumstances leading o accident, loss of human life, injury to persons, damage to property, emergency action taken etc, to the--
(a) Chief Controller;
(b) Controller in whose, jurisdiction accident has taken place;
(c) District Magistrate; and
(d) Officer-in-charge of the nearest police station.
(2) Pending the visit of the Chief Controller, or his
(1) The Chief Controller shall arrange with the heads of the 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 occurrences, liable to lead to the summoning of Courts of Inquiry on matters 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, holds an inquiry under sub-section (1) of section 9 A 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 such Magistrate has received information from the Chief Controller that officer does not wish to send a representative,
(2) The District Magistrate shall, at least twenty-one days before holding the adjourned inquiry, send to the Chief Controller 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 District Magistrate, before the adjournment, may, take evidence to identify the dead bodies and may order the disposal thereof.
(4) The Chief Controller or his representative shall
(1) Whenever an inquiry is held under section 9 A 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.
(1) Whenever an inquiry 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 twenty one 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 Co
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under the Act and these rules in respect of anything which is done or intended to be done in good faith in pursuance of the Act and these rules made or orders or directions issued there under.
(1) The inspecting authority on inspection of the premises, shall communicate to the licensee and licensing authority in writing, his observation, discrepancies or the violations, if any of the rules or contravention of conditions of the licence; and a copy of the inspection report shall be endorsed to the licensing authority for taking further necessary action.
(1) Copy of the licence granted under these rules shall be forwarded to the District Magistrate along with the copy of licence and approved drawings, if applicable.
(2) Every licence granted under these rules by the District Magistrate as mentioned in the Part 1 of Schedule IV, shall be communicated to the Chief Controller or the Controller, as the case may be, along with the copy of licence and approved drawings, if applicable.
(1) The administrative action taken by the District Magistrate for suspension or cancellation of licence granted by District Magistrate shall be communicated to the Chief Controller or the Controller, as the case may be.
(2) The administrative action taken by the Chief Controller or the Controller, as the case may be, for suspension and cancellation of licence shall be communicated to the District Magistrate.
(1) The Explosives Rules, 1983 are hereby repealed.
(2) Notwithstanding such repeal--
(a) all licences, permits 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;
(b) 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 under this Act or these rules.
Part--1
Classification of explosives
(see rule 4)
Explosives are divided into 8 classes as follows:
Class 1 Gunpowder Class
Class 2 Nitrate-Mixture Class
Class 3 Nitro-Compound Class
Class 4 Chlorate-Mixture Class
Class 5 Fulminate Class
Class 6 Ammunition Class
Class 7 Fireworks Class
Class 8 Liquid Oxygen Explosives Class.
Class 1--Gunpowder Class
"G
Part-1
Methods of packing of explosives for inland transport.
(See rules 14 and 15)
(1) In this Schedule, unless the context otherwise requires, the expression,-
(a) "outer package" means a box, barrel, case or cylinder of wood, metal, or corrugated boxes or other solid material, of such strength, construction and character as not to be liable to be broken or accidentally opened, or to become defective or insecure or to allow an explosive to escape;
(b) "inner package" means a substantial case, bag, canister, card board or other receptacle, made and closed so as to prevent any explosive from escaping;
(c) "propellant" means an authorised explosive of the class
Methods of testing
(see rule 48)
An explosive of the 3rd (Nitro-compound) Class or of the 4th (Chlorate-mixture) Class shall comply with the tests set forth in this Schedule as applicable to such explosive.
Heat test as applied to explosives
1. Apparatus and materials employed
Specification Pattern No. Article
1 2 3 4 5
A Acid, Acetic 56.8 cubic centimetres. Bottle 1
I Balance 1
Part 1
(See rule 99)
Licences and licensing authorities
Article No. Purpose for which granted Licence Form Licensing Authority
1 2 3 4
1 (a) Licence to manufacture fireworks or gunpowder or both not exceeding 15 kilogrammes at any one time. LE-1 District Magistrate.
(b) Licence to manufacture fireworks or gunpowder or both exceeding 15 kilogrammes but not exceeding 500 kilogrammes at any one time. LE-1 Controller of Explosives.
(c) Licence to manufacture fireworks or gunpowd
Part 1
Safety provisions for manufacture of explosives
I. Process:
The sensitive operations and processes including cleaning, disposal of waste, shall have control mechanism (remote control, temperature control, heating medium, etc) to the satisfaction of the Chief Controller of Explosives
II. Machineries and equipments:
Vessels and machineries for making and processing explosives, electrical equipments, protection against static charge, maintenance of electrical equipments, personnel protection etc should be suitable for safe operation of the process.
Part 2
Safety provisions for Bulk Mixing Delivery (BMD) Vehicles<
Specifications
The specifications laid down in this Schedule are for general guidance only. Approval of the Chief Controller shall be obtained separately for each case.
Specification 1: Specification of Explosives manufacturing factories other than that of fireworks
1. Site, layout, construction and safety distance
A. Concept of safety distance:
The location, construction and traversing of process buildings should be such that an explosion in one building does not initiate explosion in another through blast, shock, or missiles and it should cause no or little damage to personnel or property in such other buildings. Therefore the safety distances for different quantities of the different catagories of expl
Tables of safety distances
The following safety distances shall be observed in the factories licensed for manufacture of explosives or from the magazines licensed for storage of high explosives. If the quantity of explosives to be stored is in between any two stages shown in the table, the safety distance required for higher stage should be observed.
Notes: (1) When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they should be separated from each other by not less than the distances shown for "Separation of Magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any
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