GAS CYLINDERS RULES, 2004
(1) These rules may be called the Gas Cylinders Rules, 2004.
(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. 627 (E), dated 21st September, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3 (i), dated 21st September, 2004.
In these rules, unless the context otherwise requires,—
(i) “Act” means the Explosives Act, 1884 (4 of 1884);
(ii) “Auto LPG” means liquefied petroleum gas meant for automotive fuel conforming to specification IS: 14861;
(iii) “Chief Controller” means the Chief Controller of Explosives, Government of India;
(iv) “composite cylinder” means a cylinder made of resin impregnated continuous filament wound over a metallic or a non-metallic liner. Composite cylinders using non-metallic liners are referred to as all-composite cylinders;
(v) “compressed gas” means any permanent gas, liquefiable gas or gas dissolved in liquid under pressure or gas mixture which in a
(1) No person shall fill any cylinder with any compressed gas or import, possess or transport any cylinder so filled or intended to be filled with such gas unless—
(a) such cylinder and its valve have been constructed to a type and standard specified in Schedule I as amended from time to time by an order issued by the Chief Controller;
(b) the test and inspection certificates issued by the inspecting authority in respect of cylinder and its valve are made available to the Chief Controller and prior approval of the said authority is obtained.
(2) For obtaining approval under clause (b) of sub-rule (1), the following particulars shall be submitted to the Chief Controller:—
(i) total number and serial number of the cylin
(1) Valves fitted to gas cylinders shall comply in all respects with the following specifications, namely:—
(a) in respect of industrial gas cylinders, IS : 3224;
(b) in respect of medical gas cylinders, IS: 3745;
(c) in respect of cylinders used with breathing apparatus, IS: 7302 as amended from time to time;
(d) in respect of cylinders used for filling liquefied petroleum gas, IS: 8776 for cylinders of water capacity not exceeding 5 litres and, IS: 8737 for cylinders of water capacity exceeding 5 litres;
(e) in respect of auto LPG containers, IS: 15100;
(f) in respect of small Refrigerant cylinders,
(1) Cylinders manufactured in India, if fitted with safety relief devices in their bodies, shall have such safety devices manufactured and maintained in accordance with IS: 5903.
(2) Cylinders containing obnoxious or poisonous gases shall not be provided with any safety device.
Explanation.—For the purpose of this sub-rule, “obnoxious or poisonous gases” include Carbon monoxide, Hydro-cynic Acid, Hydrogen chloride, Hydrogen bromide, Hydrogen fluoride, Sulphur dioxide, Chlorine, Methyl bromide, Nitrogen tetroxide, Nitrosyl chloride, Town gas, Hydrogen sulphide, Carbonyl Chloride (Phosgene), Cyanogen, Cyanogen Chloride, Fluorine and Carbon oxychloride.
(3) Cylinders manufactured in foreign countries, approved for use in this country, if fitted with safety relief devices shall have these device
(1) Markings generally:
(a) Every gas cylinder shall be clearly and permanently marked in accordance with the following conditions by stamping, engraving or similar processes:—
(i) on the shoulder of the cylinder which shall be enforced by forging or other means, or
(ii) on such a part which is inseparably bound with the cylinder and which is not or only negligibly effected by the stresses due to the gas pressure within it.
(b) The name plate shall not be affixed to the cylinder by soldering if there is a risk of corrosion or embrittlement.
(c) In conjunction with the original marking, space shall be provided for stamping the test date obtaine
Valves fitted to the cylinder shall be clearly and durably marked in accordance with the following provisions by stamping, engraving or similar processes:—
(i) the specification of the valves;
(ii) year and month or quarter of manufacture;
(iii) manufacturer’s symbol;
(iv) working pressure;
(v) the name or chemical symbol of the gas for which the valve is to be used;
(vi) the type of screw threads on the outlet, in case of left handed as (L.H.);
(vii) Inspector’s stamp;
(viii) where dip tubes are pr
(1) Every person filling any cylinder with any compressed gas shall, before it is stored or despatched, see that the cylinder is painted with the appropriate identification colours specified in IS: 4379 for industrial cylinders and IS: 3933 for medical cylinders.
(2) Cylinders used for new gases and gas mixtures for which identification colours are not provided in sub-rule (1) shall be painted with the colours, indicated in the following table, namely:—
Name of the gas contained Colour of the Colour of band at
in the cylinder cylinder shell neck end of cylinder
(1) (2)
Section R.8 of the Gas Cylinders Rules, 2004, pertains to the identification and safety standards related to gas cylinders, specifically focusing on the use of identification colours for cylinders filled with compressed gases. This section aims to ensure safety during handling, storage, and transportation by providing clear visual cues through colour coding.
Section R.8 mandates that every person filling a gas cylinder must ensure that the cylinder is marked with specific identification colours before storage or dispatch. The purpose is to facilitate easy identification of the type of gas contained within the cylinder, thereby enhancing safety protocols.
This section applies to all persons involved in filling, storing, or dispatching gas cylinders containing compressed gases under the Rules. It covers cylinders used for various gases, including flammable, toxic, or otherwise hazardous gases, ensuring standardized visual identification across the industry.
The Rules do not specify explicit penalties within Section R.8 itself. However, violations related to non-compliance with colour coding or safety standards may attract penalties under broader provisions of the Gas Cylinders Rules, 2004, or subsequent amendments and regulations, including licensing and safety violations.
Note: The analysis is based on the available sources and the typical legal and safety framework surrounding the Gas Cylinders Rules, 2004 and 2016. Specific penalties and enforcement details may be elaborated in other sections or related regulations.
(1) Every cylinder shall be labeled with the name of the gas and the name and address of the person by whom the cylinder was filled with gas.
(2) A warning in the following terms shall be attached to every cylinder containing permanent or liquefiable gas, namely:—
“Warning”
GAS CYLINDERS RULES, 2004
(i) Do not change the colour of this cylinder.
(ii) This cylinder should not be filled with any gas other than the one it now contains.
(iii) No flammable material should be stored in the close vicinity of this cylin
(1) No person shall deliver or despatch any cylinder filled with any compressed gas to any other person in India who is not the holder of a licence to possess such compressed gas cylinders or his authorised agent unless he is exempted under these rules to possess such compressed gas cylinders without a licence.
(2) The gas cylinders delivered or despatched by a person under sub-rule (1) shall be of the type for which he is licensed and shall not exceed the quantity which the person to whom it is delivered or despatched is authorised to possess under these rules.
(3) Nothing in sub-rules (1) and (2) shall apply to the delivery or despatch of gas cylinders to the Defence Forces of the Union, port authorities or Railway administration.
No person shall repair or cause to repair any leakage in the body of a seamless gas cylinder.
(1) Welded or brazed cylinder showing leaks at any place other than the welded or brazed seams shall not be repaired and shall be rendered unserviceable.
(2) In the case of cylinders having welded or brazed seam, repairing of minor defects, such as small weld cracks, pin holes, blow holes, undercuts in welding, leaks at the weld (shown in periodical hydrostatic test) may be allowed provided—
(a) the defects have been removed by grinding, chipping, gouging or other approved methods;
(b) the repairing is carried out by a certified welder at the premises of a manufacturer of cylinders recognised by the Chief Controller under the supervision of a competent person by—
(i) welding if the original seams were welded;
No child under the age of eighteen years and no person who is in a state of intoxication shall be employed incharge of loading or unloading or transport of any compressed gas cylinder or in any premises licensed under these rules.
(1) No person shall smoke and no fires, other than blow pipe flames for repairs, or no articles or such other substances of flammable nature or liable to spontaneous ignition or to cause or communicate fire or explosion shall be allowed at any time in proximity to a place where any cylinder for flammable gases is being filled, stored or handled.
(2) No person in or near any place where cylinders containing flammable gases are filled, stored or handled shall have in his possession any matches, fuses mobile phones or any other appliances for producing ignition or explosion.
(1) Cylinders together with their valves and other fittings and the identification colours under these rules shall always be maintained in good condition.
(2) No oil or similar lubricant shall be used on any valves or other fittings of any cylinder.
(3) Save as provided in rule 12 and clause B 2 (1) (b) of Schedule IV, no cylinder shall be subjected to any heat treatment or exposed to a high temperature or to the Sun or stored with any other flammable or explosive material.
(4) Every cylinder containing compressed gas shall have its valve securely closed so as to prevent leakage. Valves fitted to the cylinders containing Liquefied Petroleum Gas and highly toxic gases like Boron trifluoride, Carbon monoxide, Fluorine, Hydrogen chloride, Cynogen chloride, Chlorine trifluoride, Hydrogen cynide
(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 gas under pressure in a cylinder is stored, handled or transported.
(2) Every person storing compressed gas cylinders and every person in charge of or engaged in the storage, handling and transport of such gas cylinders, shall at all times—
(a) comply with the provisions of these rules and the conditions of any licence relating thereto;
(b) observe all precautions for the prevention of accident by fire or explosion;
(c) prevent any person from committing any acts referred to in sub-rule (1).
Every person holding or acting under a licence granted under these rules, shall, whenever cylinders are filled, loaded, unloaded, examined or tested, depute a competent and experienced person to be present and to conduct any of the said operations in accordance with provisions of these rules and the name, qualification and experience of such personnel deputed in each shift shall be furnished to the Chief Controller or Controller for considering filling permission round the clock.
.—(1) Cylinders shall be adequately supported during handling.
(2) Conveyors, trolleys and cradles of adequate strength shall, as far as possible, be used when moving the cylinders.
(3) The cylinders shall be handled carefully and not be allowed to fall upon one another or otherwise subjected to any undue shock.
(4) Sliding, dropping or playing with cylinders is prohibited.
(5) Liquefied petroleum gas cylinders and cylinders containing liquefiable gases shall always be kept in an upright position and shall be so placed that they cannot be knocked over.
(6) Cylinders used in horizontal position shall be so secured that they cannot roll.
(7) Open flames, lights,
(1) Welded cylinders shall not be used for filling any permanent or high pressure liquefiable gas or highly toxic gases like Boron trifluoride, Carbonyl chloride (Phosgene), Chlorine trifluoride, Cyanogen, Cyanogen chloride, Hydrogen cyanide, Hydrogen sulphide.
(2) No cylinder, which has once been used for storage and transportation of coal gas, carbon monoxide or methane, shall be used for filling with any other gas except mixture of these gases with inert gases.
(3) No cylinder shall be filled with any gas that is capable of combining chemically so as to endanger its serviceability.
Cylinders filled with any compressed gas shall be transported duly complying with the provisions laid down in Schedule VI and also observing the relevant provisions of other statutes as applicable.
(1) Cylinders shall be stored in a cool, dry, well ventilated place under cover, away from boilers, open flames, steam pipes or any potential sources of heat and such place of storage shall be easily accessible.
(2) The storage room or shed shall be of fire resistant construction.
(3) Thin wall cylinders such as liquefied petroleum gas cylinders and dissolved gas cylinders shall not be stacked in a horizontal position.
(4) Cylinders containing flammable gases and toxic gases shall be kept separated from each other and from cylinders containing other types of gases by an adequate distance or by a suitable partition wall.
(5) Cylinders shall not be stored under conditions, which will cause them to corrode.
In premises for filling and storing flammable gases in cylinders all electric meters, distribution boards, switches, fuses, plugs and sockets, all electric fittings, fixed lamps, portable hand lamps and motors, shall be of flame proof construction conforming to IS: 2148 or such other specifications as approved by the Chief Controller and shall be effectively earthed.
.—(1) Compressed gases shall be free from impurities, which are likely to corrode the metal of the cylinder or form an explosive substance with it or cause the gases to decompose or explode.
(2) The gases shall be as dry as possible and in no instance shall the aqueous phase separate when a liquefied gas is cooled to 0°C.
(3) Before filling any cylinder with gases like carbon monoxide, coal gas, hydrogen or methane, the gas shall be free from hydrogen sulphide and other sulphurous impurities as far as practicable. The moisture shall be less than 0.02 g/m3 of gas at normal temperature and pressure
A cylinder shall not be filled with a compressed gas and transported unless it was charged by or with the written consent of the owner of the cylinder.
A cylinder for which prescribed periodical re-test has become due shall not be charged and transported until such re-test has been properly made.
Section R.26 of the Gas Cylinders Rules, 2004, pertains to the re-testing of gas cylinders, a crucial safety measure to ensure the integrity and safe usage of cylinders over their lifespan. It forms part of the broader regulatory framework aimed at maintaining safety standards in the handling, storage, and transportation of compressed gases in India.
While the specific wording of Section R.26 is not directly provided in the sources, it is generally understood to mandate that gas cylinders must undergo periodic re-testing to verify their safety and compliance with prescribed standards. Re-testing is required at specified intervals and involves inspection and testing procedures to detect any deterioration or defects.
Note: The specific language of Section R.26 was not directly provided in the sources; thus, the commentary is based on the general understanding and standard provisions related to re-testing under the Gas Cylinders Rules, 2004.
The owner of a cylinder shall keep for the life of each cylinder, a record containing the following information regarding each cylinder, namely:—
(i) Cylinder manufacturer’s name and the rotation number;
(ii) The specification number to which the cylinder is manufactured;
(iii) Date of original hydrostatic test or hydrostatic stretch test;
(iv) Cylinder manufacturer’s test and inspection certificates;
(v) Number and date of letter of approval granted by the Chief Controller.
(1) Gas cylinders designed and approved for filling with a particular gas shall not be used for filling with any other gas unless specific approval is obtained from the Chief Controller except that—
(a) inert gases, oxygen and compressed air cylinders made to the same specification and design may be converted from one gas to another after fitting with appropriate valve and painting with appropriate identification colour without prior permission from Chief Controller, with approval of the cylinder owner;
(b) proper records of such conversions shall be maintained by the gas filler for examination of Chief Controller or Controller as and when needed.
(2) Any person desiring for conversion approval shall submit to Chief Controller the following:—
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No person shall import any cylinder filled or intended to be filled with any compressed gas except under and in accordance with the conditions of a licence granted under these rules and the relevant provisions of Foreign Trade (Development and Regulation) Act, 1992.
(1) The master of every ship carrying cylinders filled with compressed gas for importation into India, 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 such cylinders shall deliver to the pilot, before entering any port, a written declaration under his signature in Form A:
Provided that if the agent for such ship delivers to the Conservator of the Port a written declaration referred to in sub-rule (1) under his signature, no such declaration shall be made by the 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 Por
Every person desiring to import cylinders filled with any compressed gas or intended to be so filled shall produce personally or through his agent, before the Commissioner of Customs his licence for the import of such gas cylinders.
(1) No imported cylinder shall be landed except with the permission of the Commissioner of Customs.
(2) If the Commissioner of Customs is satisfied that the gas cylinders can lawfully be imported, he shall permit it to be landed.
(3) Nothing in this rule shall affect the power of the Commissioner of Customs to detain the gas cylinders under any other law for the time being in force.
No gas cylinder filled with any compressed gas, shall be imported by land save with the previous sanction in each case, of the Central Government and under such conditions and restrictions as it may impose.
No cylinder filled with any compressed gas shall be imported by air save with the previous sanction in each case of the Director General Civil Aviation.
(1) No person shall fill any cylinder with any compressed gas unless the cylinder has been examined and subjected to hydrostatic test or hydrostatic stretch test, as the case may be, and other tests set forth in Schedule IV within such period as is specified in IS: 8868 issued by Bureau of Indian Standards or as approved in writing by the Chief Controller.
(2) Any testing station desiring to obtain recognition for periodical testing and examination of cylinders shall provide the facilities set forth in Schedule IV and shall submit to Chief Controller the particulars of the facilities provided and scrutiny fee specified in Schedule V.
(1) Any cylinder which fails to pass periodic examination or test or which loses in its tare weight by over 5 per cent or which for any other defect is found to be unsafe for use or after expiry of the service life of the cylinder, shall not be filled with any compressed gas and shall be destroyed by flattening it as a whole or after being cut into pieces in such a manner that the pieces cannot again be joined together by welding or otherwise to form a cylinder, under intimation to the owner of the cylinder, as specified in IS: 8198.
Explanation.—Service life of On-board CNG cylinders to be twenty years and Auto LPG containers made of low carbon steel to be fifteen years unless otherwise specified in the respective codes.
(2) All markings on the cylinder shall be defaced before it is destroyed.
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Dissolved Acetylene gas cylinder shall comply with the following additional provisions, namely:—
(i) The porous substance shall fill as completely as possible the cylinder into which the acetylene is compressed.
(ii) The porosity of the substance shall not exceed 92 per cent. and in no case shall be less than 75 per cent.
(iii) Any solvent used shall not be capable of chemical reaction with the acetylene gas or with the porous substance or with the metal of the cylinder.
(iv) If acetone is used as a solvent it shall comply with the requirements of IS: 170, the quantity of acetone including the gas in solution shall be such that the cylinder meets the requirements of additional tests specified in IS: 7312.
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No person shall charge with acetylene any cylinder unless he is in possession of full particulars and the previous history of such cylinder and has otherwise assured himself that the cylinder complies with the requirements of these rules.
Whenever a cylinder is charged with acetylene, it shall be subjected to a thorough visual examination in accordance with IS: 8433, if the history of the cylinder shows that it has not been subjected to such an examination within the previous two years and at the same time the valves shall be removed and the conditions of the porous substance at the neck of the cylinder ascertained:
Provided that this period of periodical examination shall be one year in case the cylinders are filled with loose porous mass.
Section R.39 of the Gas Cylinders Rules, 2004, pertains to the mandatory examination of dissolved acetylene cylinders prior to filling, emphasizing safety and regulatory compliance in the handling of compressed gases in India.
Section R.39 mandates that dissolved acetylene cylinders must undergo a thorough examination before they are filled. This examination aims to ensure the cylinders' safety, integrity, and compliance with prescribed standards before being used for gas filling.
While the specific section R.39 does not explicitly prescribe penalties, non-compliance generally attracts penalties under the overarching Gas Cylinders Rules, 2004/2016, which may include:- Fines: For violations related to unsafe filling practices.- License Cancellation: For repeated violations or safety breaches.- Legal Action: Under applicable Indian laws for endangering safety or violating safety standards.
This commentary synthesizes the provisions of Section R.39 within the context of the Gas Cylinders Rules, 2004, and related safety standards, highlighting the importance of pre-filling examinations for acetylene cylinders in India.
The compression of the acetylene gas into a cylinder shall be carried out only in such premises as are licensed by the Chief Controller or Controller.
Each firm charging acetylene in cylinders shall keep a record of every cylinder charged by it this record shall give the following information, namely:—
(a) for each charge,
(i) the date of each charging of the cylinder,
(ii) the empty cylinder weight without gas,
(iii) the weight of solvent charged before gas charging,
(iv) full weight of thy cylinder;
(b) the dates upon which solvent has been added;
(c) the dates upon which the cylinder has been thoroughly examined as provided in rule 39, the results of each such examination
A warning label attached to every dissolved acetylene cylinder shall, in addition to the particulars given in sub-rule (2) of rule 9 bear the following additional particulars, namely:—
(a) date of last filling of gas in the cylinder;
(b) weight of gas filled;
(c) full cylinder weight;
(d) the name of the company filling the gas on the last date of the filling.
(1) No person shall fill any cylinder with compressed gas and no cylinder filled with compressed gas shall be possessed by any one except under and in accordance with the conditions of a licence granted under these rules.
(2) The licensee shall be responsible, for all operations connected with the filling and possession of cylinders in the licensed premises.
Notwithstanding anything contained in rule 43, no licence shall be necessary for—
(a) possession of any cylinder filled with a compressed gas by a carrier or other person for the purpose of transport in accordance with the provisions of these rules;
(b) possession of cylinder filled with—
(i) liquefied petroleum gas when the total quantity of gas does not exceed 100 kg at a time;
(ii) any other flammable but non-toxic gas when the total number of cylinders containing such gas does not exceed 25 or the total weight of gas does not exceed 200 kg, whichever is less, at a time;
(iii) any non-flammable non-toxic gas when the total number of suc
No person shall fill any cylinder with any compressed gas unless such a cylinder and its valve or other fittings—
(a) are of approved type and standard as per rule 3 and has been specifically approved for filling by the Chief Controller,
(b) have passed the examination and test specified in rule 35,
(c) conform to the provisions of rules 4, 5, 6, 7 and 8.
(1) The working or internal pressure in any cylinder charged with a permanent gas shall not exceed two-third of the test pressure.
(2) Cylinders charged with liquefiable gases shall not be filled in excess of the filling ratios specified in IS: 3710 for low pressure liquefiable gases and IS: 8866 for high pressure liquefiable gases.
(1) Every person desiring to obtain a licence to fill and store any compressed gas in any cylinder shall submit to the Chief Controller or Controller authorised by Chief Controller—
(a) specifications and plans drawn to scale in triplicate clearly indicating—
(i) the manner in which the provisions prescribed in these rules will be complied with,
(ii) the premises proposed to be licensed, the area of which shall be distinctly coloured or otherwise marked,
(iii) the surrounding area lying within 100 metres of the edge of all facilities which are proposed to be licensed;
(b) scrutiny fee as specified in Schedule V.
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(1) An applicant for a new licence in Form G, for a CNG dispensing station shall apply to the District Magistrate with two copies of site plan showing the location of the premises proposed to be licensed under these rules for a certificate to the effect that there is no objection to the applicant’s receiving a licence for a CNG dispensing station at the site proposed, and the District Magistrate, if satisfied, shall grant no objection certificate to the applicant who shall forward it to the Chief Controller or Controller with his application.
(2) Every certificate issued by the District Magistrate under sub-rule (1) above shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under official seal.
(3) The Chief Controller or Controller may refer an application not accompanied by a certificate granted under su
A person wishing to obtain or renew a licence under these rules shall submit an application, in writing, to the Chief Controller or, Controller—
(a) in Form B for a licence prescribed in sub-rule (1) of rule 51, and
(b) in Form C for a licence prescribed in sub-rule (2) of rule 51.
(1) A licence under these rules may be granted by the Chief Controller or Controller on payment of the fees specified in Schedule V.
(2) A licence under sub-rule (1) shall be granted if the provisions of these rules are complied with by the applicant.
(3) Every licence granted under these rules shall be subject to the conditions specified therein.
(1) A licence in Form D for the import of cylinders filled or intended to be filled with compressed gas may be granted for such period as the Chief Controller may deem necessary subject to a maximum of one year.
(2) A licence in Form E, F or G for filling and storage of compressed gases granted or renewed under these rules shall remain in force till the 30th day of September of the year upto which the licence is granted or renewed subject to a maximum of ten years.
(3) Notwithstanding anything contained in sub-rule (2), the Chief Controller or Controller authorised by the Chief controller, where he is satisfied that a licence is required for a specific work which is not likely to last up to the 30th day of September of the year up to which the licence is granted or renewed may grant or renew a licence for such a period as is necessary.<
(1) Every licence granted under these rules shall be subject to the condition specified therein and shall contain all the particulars, which are contained in the form specified under these rules.
(2) One copy of the plan or plans for the licensed premises signed in token of approval by the Chief Controller or Controller shall be attached to the licence, which shall form part of such a licence, and an identical copy shall be filed for record in the Office of the Chief Controller or Controller.
(1) No alteration shall be carried out in the licensed premises until the plan showing such alterations has been approved in writing by the Chief Controller or Controller authorised by Chief Controller.
(2) A person wishing to carry out any alteration in the licensed premises shall submit to the Chief Controller or Controller—
(a) three copies of a properly drawn plan to scale, of the licensed premises showing in distinct colours the proposed alterations and the reasons therefor;
(b) scrutiny fee as specified in Schedule V.
(3) If the Chief Controller or Controller, after scrutiny of the plan showing the proposed alteration and after making such enquiries as he deems fit, is satisfied that the proposed alteration may be carried
(1) Any licence granted under these rules may be amended by the Chief Controller or Controller authorised by the Chief Controller.
(2) The fee for amendment of a licence shall be amendment fee plus the amount, if any, by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.
(3) A licensee who desires to have his licence amended shall submit to the Chief Controller or Controller—
(i) an application duly filled in and signed in Form B if the licence has been granted in Form D and in Form C if the licence has been granted in Form E, F and G;
(ii) the licence sought to be amended together with the approved plans attached to it;
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(1) A licence may be renewed by the Chief Controller or Controller.
(2) Every licence granted in Forms E, F and G under these rules, may be renewed for a maximum period of ten years at a time where there has been no contravention of the provisions of the Act or any rules framed thereunder or of any condition of the licence so renewed.
(3) Where a licence, which has been renewed for more than one year, is surrendered before its expiry, the renewal fee paid for the un-expired portion of the licence shall be refunded to the licensee provided that no refund of renewal fee shall be made for the year during which the Chief Controller or Controller receives the renewed licence for surrender.
(4) Every application for the renewal of a licence shall be accompanied by the licence, which is to be renewe
(1) The Chief Controller or Controller refusing to grant, amend, renew or transfer a licence, shall communicate the reasons thereof to the applicant.
(1) Every licence granted under these rules shall be liable to be suspended or cancelled by an order of the licensing authority for any contravention of the provisions of the Act or rules framed thereunder or of any condition contained in such licence, or by an order of the Central Government, if at any time the continuance of the licence in the hands of the licensee is deemed objectionable:
Provided that—
(a) before suspending or cancelling a licence under this rule, the holder of the licence shall be given an opportunity of being heard;
(b) the maximum period of suspension shall not exceed three months; and
(c) the suspension of a licence shall not debar the holder of the licence from applying for its renewal in acco
A person licensed to fill or store compressed gas shall, on the expiration, suspension or cancellation of such licence, forthwith give notice to the Chief Controller or Controller of the nature and quantity of compressed gas in his possession and shall comply with the directions which the Chief Controller or Controller may give in regard to its disposal
(1) An appeal shall lie with the Central Government against any order passed by the Chief Controller refusing to grant, amend or renew a licence or cancelling or suspending a licence and to the Chief Controller against any order passed by the Controller.
(2) Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within sixty days of the order passed.
If a licensee dies or becomes insolvent or mentally incapable or is otherwise disabled, the person carrying on the business or legal heir of such licensee shall not be liable to any penalty of confiscation under the Act or these rules for exercising the powers granted to the licensee during such time as may reasonably be required to allow him to make an application for a new licence or transfer of the existing licence in his own name:
Provided that nothing in this rule shall be deemed to authorise the exercise of any power under this rule by any person after the expiry of the period of the licence.
Where a licence granted under these rules is lost or accidentally destroyed, a duplicate copy of the licence may be granted on submission of a copy of the plan or plans identical with those attached to the licence and on payment of a fee as specified in Schedule V.
(1) Every person holding or acting under a licence granted under these rules shall produce it, or an authenticated copy of it, at the place to which the licence applies, when called upon to do so by any of the officers specified in rule 71.
(2) Copies of any licence may, for the purposes of this rule, be authenticated by the authority, which granted the licence—
(a) on payment of a fee as specified in Schedule V for each authenticated copy; and
(b) on the submission of a copy of the plan identical with the approved plan attached to the licence.
The District Authority shall inform the Chief Controller or Controller of the action taken by him on any reports of infringement of the Act or of these rules, which the Chief Controller or Controller may make to him.
Every authority, other than the Central Government, acting under this Chapter shall perform its duties subject to the control of the Central Government:
Provided that nothing in these rules shall be deemed to affect the powers of executive control of the Chief Controller over the officers subordinate to him.
(1) The Central Government may, by notification in the official Gazette, revise the fees as specified in Schedule V from time to time.
(2) All fees payable under these rules shall be paid through crossed demand draft drawn on any Bank in favour of the Chief Controller of Explosives or Controller of Explosives or Department of Explosives payable at respective places as the case may be.
If the Chief Controller is satisfied that in respect of any cylinder or any mode of conveyance, any of the requirements of these rules may be safely suspended or modified, he may, by written order, authorise such suspension or modification for such period and under such condition as he may think fit and such order may be revoked at any time.
(1) The notice of an accident required to be given under sub-section (1) of section 8 of the Act shall be given forthwith—
(a) to the Chief Controller or Controller under whose jurisdiction the area falls by Fax, E-mail or telegram (Telegraphic Address— Explosives, Nagpur, E-mail explosives@explosives.gov.in) followed by a letter giving particulars of the occurrence within 24 hours;
(b) to the District Magistrate concerned; and
(c) to the officer-in-charge of the nearest Police Station by the quickest route.
(2) Pending the visit of the Chief Controller or Controller or until instruction is received from the Chief Controller or Controller that he does not wish to make any further investigation or inquiry, all wreckage
(1) Whenever a District Magistrate or a Commissioner of Police or Magistrate subordinate to a District Magistrate (hereinafter in this rule referred to as the Magistrate) holds an inquiry under sub-section (1) of section 9 of the Act, he shall adjourn such an inquiry unless the Chief Controller or Controller of an officer nominated by him is present to watch the proceedings or the Magistrate has received written information from the Chief Controller or Controller that he does not wish to send a representative.
(2) The Magistrate shall, at least fourteen days before holding an adjourned inquiry, send to the Chief Controller or 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 Magistrate, may before the inquiry is adjourned under sub-r
(1) Whenever an inquiry is held under section 9A of the Act, the person 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 accident, 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) Persons attending as witnesses before the enquiry court shall be allowed such expenses as would be allowed to witnesses for attending before a civil court subordinate to the High Court having jurisdiction in the place where the inquiry is held and in case of any dispute as to the amount to be allowed, the question shall be referred to the local Magistrate, who, on a request made by the enquiry officer, shall ascertain and certify the
(1) Any of the officers, specified in the first column of the Table below may exercise the powers specified in sub-section (1) of section 7 of the Act in the area specified in the corresponding entry in the second column of that Table.
TABLE
Officers Area
1. The Chief Controller or Controller The whole of India
2. All District Magistrates Their respective Districts
3. All Magistrates subordinate to Their respective jurisdiction
the District Magistrate
&
(1) The Gas Cylinder Rules, 1981 are hereby repealed.
(2) Notwithstanding such repeal—
(a) all licences granted or renewed under the said rules and all fees imposed or levied shall be deemed to have been granted, renewed or imposed or levied, as the case may be under the corresponding provisions of these rules, and
(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 or under these rules.
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