(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 2[* * *],

(5) authorised explosive means an explosive included in the list of authorised explosives referred to in Rule 6 and published by the Central Government from time to time in the Official Gazette;

(6) Bulk Mix Delivery (BMD) Vehicle means a vehicle that transports non-explosive materials in bulk, for mixing to form non-cap sensitive explosives and for loading directly into boreholes;

(7) cap sensitive means an explosive which explodes on initiation by a detonator of minimum strength;

(8) carrying box means metal case or box specially manufactured for carrying limited quantity of blasting explosives and initiating explosives;

(9) Chief Controller means the Chief Controller of Explosives;

(10) Compatibility Group shall have the meaning assigned to it in United Nations Economic and Social Council's Committee of Experts on transport of dangerous goods resolution number 645 G (XXIII), dated 26-4-1957 and further resolution number 1995/5, dated 10-7-1995;

(11) competent person means a person recognised by the Chief Controller who is adequately experienced and well conversant in safe manufacture, storage, transportation, handling, as the case may be of explosive.

(12) compressor mounted motor truck or tractor means a compressor mounted on mechanically propelled motor truck or tractor duly licensed for transport of explosives to blasting site for use in well sinking, the design of which is approved by the Chief Controller;

(13) Conservator includes any person acting under the authority of the officer or body of persons appointed to be conservator of a port under Section 7 of the Indian Ports Act, 1908 (15 of 1908);

(14) Controller includes Joint Chief Controller of Explosives, Deputy Chief Controller of Explosives, Controller of Explosives and Deputy Controller of Explosives;

(15) deflagration means an explosive reaction such as a rapid combustion that moves through an explosives material at a velocity less than the speed of sound in that material;

(16) Departmental Testing Station means the testing station of the Petroleum and Explosives Safety Organisation;

(17) detonating fuse means a cord containing a centre-core of high explosive authorised by the Chief Controller which is used for initiating high explosives charges and to transmit explosion from one explosive charge to another;

(18) detonator means a tubular device

(a) one end of which is closed and the other

(i) left open for the insertion of safety fuse for the purpose of initiating explosion within the tube; or

(ii) fitted with wires or other device for that purpose and sealed;

(b) which is loaded with a charge of initiating explosives, the charge being so designed as to produce an explosion that would communicate to the other tube similarly constructed and charged or other explosive charge and includes cord relay connector;

(19) display fireworks means a group of authorised manufactured fireworks assembled at site, solely for the purpose of display;

(20) emulsion explosive means an explosive material in the form of emulsion, containing substantial amount of oxidizer dissolved in water droplets surrounded by an immiscible fuel;

(21) explosive actuated device means any tool or special mechanised device or gas generator system which is actuated by a small charge of explosive or which releases and directs work through the explosive charge;

(22) explosive limit means the maximum quantity of explosives permitted by the licensing authority to be stored or processed in a particular premises;

(23) explosives van means a mechanically propelled vehicle for transport of explosives by land and includes a road van;

(24) fireworks means low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses, 3[such as quick match and micro cord];

4[(24-A) aerial fireworks means low hazard explosives, which moves by its own propulsion or shots into the sky through a mortar consisting of paper tube or casing filled with combustible material to deliver sound and pyrotechnic effect and includes shells and rockets;]

(25) fireworks composition means any chemical compound or mechanically mixed preparation of an explosive or inflammable substance that is used for the purpose of making manufactured fireworks and is not included in any other class of explosives, and includes any star or coloured fire composition;

5[(25-A) Fireworks Research and Development Centre means the Fireworks Research and Development Centre of the Petroleum and Explosives Safety Organisation;]

(26) foreman's certificate means certificate of competence issued by the Controller to a person who is conversant with the process of manufacturing fireworks or safety fuse, as the case may be, and associated hazards for the purpose of supervision of such activities by him;

(27) Form means a Form specified in Schedules annexed to these rules;

(28) gunpowder means gunpowder ordinarily so called and is an explosive containing a mixture of inorganic nitrate, charcoal and sulphur;

(29) high explosive means explosive which is characterised by a very high rate of reaction, development of high pressure, and presence detonation wave, but does not include fireworks and safety fuse;

(30) licensing authority means authority empowered to issue licence or certificate or permit specified in Part 1 of Schedule IV;

(31) magazine means a building or structure (other than an explosives manufacturing building) intended for storage of explosives, specially constructed in accordance with the specification provided under these rules or of a design and approved by the Chief Controller;

(32) manufactured fireworks means low hazard explosive contrivance containing explosive or combination of different classes, namely, Class 1 or Class 2 or Class 3 or Class 4 or Class 6 given in Part 1 of Schedule I of these rules or any explosives that come under Division 2 or Division 3 or Division 4 under Class 7 given under the said Part;

(33) man-limit means the maximum number of individuals permitted by the licensing authority to work inside a particular premises for manufacture or processing of explosives;

(34) marking or detection agent is a substance which is introduced into the plastic explosives in a certain minimum quantity for the purpose of detection by means of vapour detection technique;

(35) micro cord fuse means a fuse other than safety fuse or quick match, characterised by fixed rate of burning and visible lateral propagation of fire, used for igniting fireworks;

(36) non-explosive emulsion matrix means water in oil emulsion or a slurry matrix, which is neither cap sensitive nor booster sensitive;

(37) occupier , in relation to a premises means a person who has the control and is responsible for managing the affairs of the premises, and. includes, in relation to any explosives, the person in possession of the explosives:

Provided that in relation to a

(a) proprietary firm, the proprietor; or

(b) partnership firm, the partner nominated in writing by all other partners; or

(c) company, the director nominated in writing by the board of directors; or

(d) society or association, the office-bearer nominated in writing by the governing body;

6[(e) a Government organisation or a Central or State public sector undertaking any officer nominated in writing by that organisation or undertaking,]

shall be 7[* * *] the occupier;

(38) permitted explosive means authorised explosive which is permitted by the Director General of Mines Safety to be used in underground coal mines;

(39) plastic explosive means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form have a vapour pressure less than 10_-4 Pa at a temperature of 25 degree 8[celsius] and is formulated with a binder material, and is, as a mixture, malleable or flexible at normal room temperature;

(40) permit means permit issued by Chief Controller or Controller or District Magistrate under these rules for specific purpose;

(41) prohibited explosive means explosive which is prohibited by the Central Government under Section 6 of the Act;

(42) propellant means an explosive that normally functions by deflagration and is used for propulsion purposes;

(43) protected works includes buildings or structures in which persons dwell, work or assemble, college, school, hospital, theatre, cinema house, shop, market, factory, place of worships, place of storage of hazardous substances, highway or public road, railway line, navigable waterways, cross country above ground pipelines, dams or reservoirs, overhead high tension power lines, but does not include cart tracks not in regular use, agricultural wells and pump sets connected therewith;

(44) quick match means a fuse for igniting charges of fireworks and consists of strands of cotton or jute yarn coated or impregnated with black powder (gun powder), wrapped and enclosed with paper with the help of binding material and which burns but does not explode and which does not contain its own means of ignition;

(45) safety cartridge means a cartridge for small arms as defined in the Arms Act, 1959 (54 of 1959) or the rules made thereunder, the case of which can be extracted for the small-arms after firing and which is so closed as to prevent any explosion in one cartridge being communicated to other cartridges;

(46) safety fuse means a fuse for igniting charges of other explosives which burn and does not explode and which does not contain its own means of ignition, and which is of such strength and construction and contains an explosives in such quantity that the burning of such fuse would not communicate laterally with other like fuse;

(47) Safety management plan means the comprehensive plan for ensuring and managing safety in an explosive manufacturing factory;

(48) safety distance means the distance necessary under these rules to be kept clear between any licensed factory shed, magazines, storehouse or other licensed premises and protected works as referred to in Schedule VIII;

(49) Schedule means a Schedule annexed to these rules;

(50) shock tube means a plastic tube that contains explosives charge authorised by the Chief Controller, which on initiation transmits a firing signal through the tube to the detonator;

(51) shot firer means a competent person recognised and certified by the Controller for carrying out blasting operation using explosives in areas not coming under the Mines Act, 1952 (35 of 1952);

(52) Site Mixed Explosive (SME) means an explosive charge formed in the borehole and includes manufacture of ANFO, using a BMD vehicle;

(53) slurry explosive means an explosive material in the form of slurry, containing oxidizer, fuel, thickener and water;

(54) small arm nitro-compound means nitro-compound adapted and intended exclusively for use in cartridges for small arms;

(55) store house means independent building other than a magazine meant to possess fireworks not exceeding 5000 kilogrammes 9[* * *], not for sale but for transfer to own licensed shop;

(56) testing officer means such officer as the Central Government may appoint in this behalf;

(57) transfer with its grammatical variations and cognate expressions includes letting on hire, lending, giving and parting with possession of explosives or the transfer of explosives from one magazine to another magazine of the same licensee or transfer of packed boxes of fire works from a store house of the licensee to the shop owned by the same licensee;

(58) traverse or mound means a solid mass of earth, sand, concrete or a brick work around a building or magazine or stack containing explosives provided for protection against effects of explosion;

(59) UN Classification means United Nations recommendations in the Model Regulation on the Transport of Dangerous Goods published vide ST/SG/ AC. 10/1 Rev 12 in ISBN 92 -1-13974-5, which specify testing procedures to be carried out by competent authority while classifying dangerous goods for transport;

(60) UN Number means the four digit identification number assigned to the article or substance under the United Nations system for transport and storage of dangerous goods as stated in the Model Regulation on the Transport of Dangerous Goods published vide ST/SG/AC. 10/1/Rev 12 in ISBN 92-1-13974-5;

(61) UN Regulation means the United Nations Model Regulations on the Transport of Dangerous Goods published vide ST/SG/AC 10/1 Rev. 12 in ISBN 92-1-13974-5.

(2) All other words and expressions used but not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

(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 10[acting] 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 warrant application of all or part of these rules or the nature and characteristics of explosives present such a minimal and limited risk as not to warrant application of these rules, the Chief Controller may exempt such explosives from the purview of all or part of these rules, with such other conditions as deemed necessary.

CLASSIFICATION, CATEGORISATION AND AUTHORISATION

11[(1) For the purposes of these rules, the explosives shall be classified in the manner specified in Schedule I annexed to these rules.]

(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 (AI) 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 abovementioned limit be reduced by 5 log 10(N) dB, where N = number of crackers joined together;

(ii) Colour or light emitting fireworks. Such fireworks which emit colour or light and having sound level not exceeding 90 dB (Al) at 4 m distance from the point of bursting;

(iii) Display Fireworks. Any product of fireworks assembled at the site for the purpose of display including shell of diameter exceeding 25 mm, multiple shots or cake products of any diameter exceeding 25 nos., of shots in a product and lance network or other products as approved by the Chief Controller; and

(iv) Fireworks for export purpose. Firecrackers for the purpose of export may be manufactured with high sound level or product of such size and design as approved by the Chief Controller subject to following conditions:

(a) The manufacturer shall have a valid export order with him; and

(b) The sound level for these fire crackers shall conform to the sound level prescribed in the country to which these are intended to be exported.

(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 Chief Controller whose decision shall be final.

(3) The safety distances shall be followed as per tables specified in Schedule VIII.

(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 12[in the official website of the Petroleum and Explosives Safety Organisation:]

Provided that nothing in this rule shall apply to the 13[manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence or] 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:

(a) the nature and composition of the explosives and in case of plastic explosives, the name and percentage of the marking agent;

(b) the limiting range of percentage of each ingredient of the explosive, including substitutes, if any;

(c) method of function, purpose of use and performance characteristics of the explosives and instructions governing its use;

(d) in the case of a new explosive to be manufactured in India, the process of manufacture stating safe operating procedures and precautions;

(e) where an explosives is enclosed in a case or other contrivance, the dimensions of the case or other contrivance, the quantity, nature, brand of explosives contained therein and markings thereon;

(f) the box, wrapping or other container in which the explosive will be handled, used or displayed or otherwise distributed including the markings thereon;

(g) the package in which the explosive will be transported and stored including the markings thereon;

(h) country of origin with name and address of the manufacturer, UN Classification and UN number of the explosives; recommended methods of disposal; material Safety Data Sheet for the explosives and raw material;

(i) fee referred to in Part 2 of Schedule IV to these rules;

(4) When, in the opinion of the Chief Controller, an explosive in respect of which an application is made may properly be considered for authorisation, the Chief Controller shall instruct the applicant as to the samples required and the manner of forwarding the same to the Departmental Testing Station 14[or Fireworks Research and Development Centre], or to any other authority specified by the Chief Controller in this behalf for testing thereof along with prescribed fees.

(5) No person shall send a sample of an explosive unless such person has first received the instruction referred to under sub-rule (4).

(6) No person shall send a sample of an explosive otherwise than in accordance with instructions given by the Chief Controller under sub-rule (4).

(7)(i) Sample forwarded under sub-rule (4) shall be subjected to such of the tests enumerated in clause (ii) of this sub-rule as are necessary having regard to the nature and type of explosive submitted to ensure that the explosive is capable of being safely manufactured, handled, stored, transported and used.

(ii) The tests referred to in clause (i) pertain to

(a) physical properties including consistency, reaction tendency to absorb moisture, segregation in transport or otherwise of the constituents, exudation, behaviour at low temperatures, specific gravity and such other physical properties as may be considered necessary;

(b) chemical composition determination of the percentage composition of the ingredients forming the explosive, and the quality of the ingredients employed in its manufacture;

(c) stability determination of stability after subjection to such varying environmental conditions as would tend to produce spontaneous ignition or variation in sensitiveness of an explosive;

(d) ignition characteristics ignition point, behaviour on ignition, liability to spontaneous ignition, behaviour on ignition in bulk;

(e) mechanical sensitiveness determination of sensitiveness to friction and impact;

(f) air gap and transmission of detonation;

(g) velocity of detonation;

(h) determination of strength;

(i) composition of gases evolved upon explosion;

(j) ensure that plastic explosives are detected by vapour detection technique;

(k) such other tests and field trials as the Chief Controller may specify.

(8) An explosive tested in accordance with sub-rule (7) shall be declared by the Chief Controller to be an authorised explosive if, he is satisfied that such an explosive can be safely manufactured, handled, stored, transported and used.

(9) Authorisation issued by the Chief Controller under sub-rule (8) in respect of indigenous explosives shall be valid as long as it is included in the list of authorised explosives, and conforms to the descriptions outlined while issuing authorisation.

(10) In case of explosives manufactured in a foreign country and already authorised in that country, the manufacturer, in addition to the report of tests stated in clause (ii) of sub-rule (7) shall submit the information regarding country of origin, the copies of various approvals or permissions obtained for testing, packaging, markings etc. required for authorisation of the explosives as well as for export of explosives from the country of manufacture to other countries and report of such other tests as the Chief Controller may specify.

(11) The authorisation issued by the Chief Controller of Explosives under sub-rule (8) in respect of any imported explosives shall be valid for one year from the date of authorisation, if the foreign manufacturer certifies that there has been no change in the composition or any other characteristics of the explosives.

(12) The Chief Controller, may, on his own accord once in a year or on the request of manufacturer or importer or exporter or consignor, subject any explosive to the tests enumerated in clause (ii) of sub-rule (7) to verify the approved composition and characteristics of the explosives at the Departmental Testing Station 15[or Fireworks Research and Development Centre] and as a result of the tests or otherwise, if the Chief Controller is satisfied that the explosive is no longer safe for manufacture, handling, storage, transport or use, or unfit for continuation of authorisation, may delete such explosive from the authorised list after giving the applicant or licensee an adequate opportunity of being heard.

(13) The samples required for testing under sub-rule (7) or sub-rule (12) and as required in 16[sub-rule (3)] of Rule 45 and testing fees as prescribed in Part 2 of Schedule IV, shall be submitted by the licensee or applicant.

(14) The Chief Controller, on completion of the testing of an explosive, in pursuance of sub-rule (7) shall decide whether or not the explosives should be declared to be an authorised explosive; and

(a) where the explosive is declared to be an authorised explosive, shall assign the class including any division and sub-division and category within which the explosive falls;

(b) where the explosive is not declared to be an authorised explosive, shall communicate the same with reasons thereof to the applicant.

(15)(i) The Chief Controller shall maintain a list of authorised explosives showing

(a) the brand or trade name of the explosives;

(b) the name and address of the manufacturers;

(c) the class, including any division and sub-divisions thereof, within which each explosive falls; and

(d) 17[* * *]

(ii) The list of authorised explosives shall be published by the Chief Controller from time to time.

(16)(i) No alteration in the composition, limiting percentage of ingredients or substitute ingredients, the process of manufacture, the description and construction of the case or the contrivance as submitted in accordance with sub-rule (3) shall be carried out without prior approval of the Chief Controller.

(ii) The Chief Controller may order fresh test to be carried out if the proposed alteration in the percentage, composition, nature of ingredients, process of manufacture or construction of the case or contrivance of the explosive are likely to change the results of the original test prescribed in these rules.

(17) For trial manufacture and field trial of new explosive composition, the following procedure shall be observed, namely:

(i) Upon scrutiny of the proposal, the Chief Controller may grant permission to manufacture trial batches of the explosives in laboratory not exceeding explosive limit of laboratory and direct to carry out such tests, as he may consider necessary.

(ii) The applicant shall submit test report seeking permission for trial manufacture in the plant or manufacturing unit.

(iii) On receipt of test report, the Chief Controller may permit manufacture of limited quantity of the explosives in the manufacturing unit or plant on trial basis.

(iv) In case of existing plants or conventional type of explosives, the Chief Controller may permit trial manufacture directly in the manufacturing plant without manufacturing in the laboratory scale.

(v) On being satisfied with the reports of the tests as may be required by the Chief Controller, he may issue field trial permission under such conditions as he may specify.

(vi) After field trial, applicant shall submit to the Chief Controller the reports of field trial and necessary fees referred to in Part 2 of Schedule IV of these rules.

(vii) For permitted explosives, test report and field trial report from 18[Central Institute of Mining and Fuel Research] and Central Mine Planning and Design Institute are required to be submitted to the Chief Controller and in case of non-permitted explosives field trial report from reputed mining or construction company.

(viii) On receipt of report and being satisfied, the Chief Controller may authorise the explosives and permit its manufacture on regular basis provided that nothing in this sub-rule shall be applicable for fireworks.

19[(ix) The Chief Controller may exempt the field trials for the explosives manufactured for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence subject to the concurrence and clearance from the Defence Organisations.]

GENERAL PROVISIONS

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, possess and sell colour of star matches shall submit to the Chief Controller, an application, plans of the proposed building and site drawn to scale, description of process or work to be carried out, detailed process of manufacture and prescribed scrutiny fee;

(3) transport of explosives by other than mechanical propelled vehicle, within the factory premises, from place of storage to place of use, port of import to storage place within the notified port premises;

(4) transport of safety fuse and fireworks;

(5) possession of fireworks not exceeding one hundred kilogram for own use and not for sale;

(6) possession by any person for his own private use and not for sale of gunpowder not exceeding five kilograms and fifty metres of safety fuse in any State other than Bihar, Kerala, Tamil Nadu and West Bengal and of small arm nitro-compound not exceeding five kilograms except in the State of Kerala;

(7) possession by Indian Railways of flare lights or other explosives for its own use and not for sale to any other person by transfer or otherwise for maintaining railways, tracks, tunnels if the provisions of the Act and these rules are otherwise complied with;

(8) possession of any explosive, which is not for sale and is required solely for the navigation of aircraft, when kept in an aircraft for use therein, or for distribution to other aircraft or to aerodromes or at an aerodrome for use there or for distribution to aircraft or to other aerodromes:

Provided that the maximum quantity so possessed shall not exceed twenty-five kilograms when carried in an aircraft and fifty kilograms when kept at an aerodrome; and

(9) possession and sale from a shop of amorces and sparklers in quantity not exceeding one hundred kilogram.

(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;

20[(c) The buildings to be used for manufacture of explosives shall comply with the specifications laid down in Schedule VII annexed to these rules:

Provided that the buildings for manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence shall be constructed as per Storage and Transport of Explosives Committee Pamphlet 3.]

(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 except at its ports notified by the Central Government

(c) No licence shall be granted for import or export of any explosives unless

(i) the explosive is an authorised explosive;

(ii) the explosive, if of the Class 3 (nitro-compound class) or Class 4 (chlorate mixture) is certified in Form CE 1 by the testing officer to have passed the tests specified in Schedule III;

(iii) the explosive is certified to have passed such analysis or examination, if any, as the Commissioner of Customs in consultation with the Chief Controller, by order in writing, may require in order to determine its composition or condition;

(iv) plastic explosives are added with marking agent as per 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;

(v) the exporter shall submit Form 21[AE-8] duly filled in and signed, indicating therein clearly the purpose and intent of export, the UN classification and UN Number, the Material Safety Data Sheet for the explosives intended to be exported, means of transport, detailed address of importer.

(3) Restriction on transport (a) Any explosive of Class 5 (Fulminate) or detonator or any other explosive of Class 6 (Ammunition) containing its own means of ignition or initiation, or an explosive of Class 7 (Fireworks) shall not be transported in the same carriage, or save as provided in Part 3 of Schedule VI in the same vessel and shall not be conveyed or handled with any explosives not of the class and division to which it belongs:

(a) No person shall transport any explosive with explosives belonging to Compatibility Group K referred to against Serial Number 10 in Table 1 under Part 3 of Schedule I, in a vehicle.

(b) No person shall transport explosives of Class 3 or Class 2 along with detonators.

(c) Nothing in clauses (a) and (b) shall apply to the transport of explosives of Class 2 and/or Class 3, safety fuse, detonating fuse and detonators in a compressor mounted motor truck or tractor covered under a licence as per these rules.

(4) Restriction on delivery

(a) No person shall deliver or despatch any explosive to any one other than a person who

(i) is the holder of a licence to possess the explosives or the agent of a holder of such a licence duly authorised by him in writing in this behalf; or

(ii) is entitled under these rules to possess the explosives without a licence.

(b) The explosives so delivered or despatched shall in no case exceed the quantity, which the person to whom they are delivered or despatched is authorised to possess with or without a licence under these rules.

(c) No person shall receive explosives from any person other than the holder of a licence granted under these rules.

(d) No person shall receive from or transfer explosives to any person for a temporary storage or safe custody in a licensed premises unless prior approval is obtained from the Controller or licensing authority having jurisdiction.

(5) Restriction on handling explosives. No person shall handle or cause to be handled any explosive between the hours of sunset and sunrise 22[unless otherwise specifically permitted by the licensing authority]:

23[* * *]

(6) Restriction on smoking and articles likely to cause fire or dangerous substance. No person shall smoke, and no fires, lights or articles or substances of a flammable nature or liable to spontaneous ignition, or act to cause or communicate fire or explosion such as acids, petroleum, carbide of calcium, compressed gases or such other hazardous substances, or radio or cell phone or radio frequency operated device or any such communication system or devices shall be allowed at any time within fifteen metres from the place where an explosive is stored or at any place where an explosive is handled during transport one hour before and during such handling.

24[(6-A) Every licensed premises under these rules shall prominently display a No Smoking board in local language and in English along with display of No Smoking signage.]

(7) Restriction on employment of children, intoxicated persons and certain other persons. No person shall employ, allow or engage a person

(a) who is below the age of eighteen years; or

(b) who is in a state of intoxication; or

(c) who 25[is mentally] or physically challenged, for manufacture, storage, 26[sale, use, loading], unloading or transport of explosives or to enter any premises licensed under these rules.

(8) Restriction on toxic, corrosive or flammable substances. No toxic, corrosive or flammable or otherwise dangerous substances shall be allowed in the premises meant for manufacture, import, export, transport, storage, sale or handling of explosives.

27[Provided that nothing in this sub-rule shall be applicable to ingredients used for manufacture of explosives.]

(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 Class 1 with the capacity exceeding one hundred and fifty tonnes per annum or explosives of Class 2, 3 or explosives accessories like detonating fuse, detonator, shock tube, initiating composition.

(4) Foreman holding foreman's certificate shall be the competent person referred to in sub-rule (2) who shall be employed by the licensee to ensure compliance of safety norms in a factory for manufacturing fireworks or safety fuse.

28[(5) No person shall be appointed as a Foreman if he has not passed tenth class and has less than five years experience in the field of manufacture of fireworks or safety fuse.]

(1) Every magazine or process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with specification 29[IS: 2309 as amended from time to time] 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 magazine and store house shall be kept closed and locked until the thunderstorm has ceased or the threat of it has passed:

Provided that process building used for manufacture of fireworks, explosives of Class 7, may not be provided with lightning conductor unless otherwise specified by the licensing authority.

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 liable to spontaneous ignition shall not be taken into any magazine or storehouse used for storage of explosives.

(3) Before repairs are done to any magazine or storehouse or part thereof used for storage of explosives, that magazine or storehouse or part thereof shall be cleaned by removal of all explosives and by thorough washing.

(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 30[Association] code or United Nations recommendations on the transport of Dangerous Goods and permitted by the Chief Controller:

Provided that nothing in this rule shall apply to explosives in the process of manufacture.

(e) The firecrackers for export purpose shall have different colour packing and shall carry a declaration printed thereon, Not for sale in India. Only for export .

(2) For the purpose of requirements of clause (c), container or package shall be tested in the Departmental Testing Station or other Testing Stations recognized by the Chief Controller. For testing in the Departmental Testing Station, fees as specified in Part 2-C of Schedule IV shall be payable.

(3) An explosive which is not an authorised explosive but which is required to be transported for the purposes of test in connection therewith shall be packed in such manner as may be directed by the Chief Controller.

(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;

31[(f) unique identification number of the package (in the format as advised by the Chief Controller) in the form of barcode and human readable characters marked on two sides of the package;]

(g) the net weight of explosives;

(h) gross weight of the package,

(i) date of manufacture and batch number;

(j) UN Classification and UN Identification number (for export packages);

(k) in case of plastic explosives, the words marking agent added as per International Civil Aviation Organisation Resolution A 27-8 referred in sub-clause (iv) of clause (c) under sub-rule (2) of Rule 10; and

(l) a paper slip containing the above details shall be kept inside the package:

32[(m) a description that not to store explosives below minus 10 degree celsius and above 60 degree celsius.]

33[Provided that in case of fireworks or safety fuse, sub-clauses (a) and (1) shall not be applicable and the words Fireworks or Safety Fuse , as the case may be, shall be marked on the outer package:

Provided further that sub-clause (f) shall not be applicable for fireworks.]

(ii) In case of fireworks, the names of the items, for example amorces, paper caps, serpents eggs etc. as appropriate shall be marked.

(iii) Every manufacturer shall on the box of each fire cracker mention details of its chemical content, sound level and that it satisfies requirements as laid down by the Chief Controller. Firecracker meant for export shall have a different colour packing from those intended to be sold in India and a clear print indicating that they are not to be sold in India.

(2) Marking on explosives of Class 2 and Class 3. In the case of explosives of Class 2 and Class 3, each of the cartridges or primary containment of explosives shall be printed or embossed legibly on it with

(a) the word Explosives ;

(b) the name of explosives and in case of plastic explosives additional words marking agent added ;

(c) weight of explosive;

(d) diameter of the cartridge;

(e) name of manufacturer; and

(f) in case of permitted explosive, the letter P1, P3 or P5 as the case may be.

34[(g) unique identification number of the package (in the format as advised by the Chief Controller) in the form of barcode and human readable characters marked on the outer package with effect from the date as specified by the Chief Controller.]

35[(3) Marking on explosives of Class 6. In the case of explosives of Class 6 Divisions 1, 2 and 3 markings shall be made as under, with effect from such date as the Chief Controller may specify:

(a) Class 6 Division 1(for Safety Fuse): Each coil shall bear unique identification number (in the format advised by the Chief Controller) on the outer package in the form of barcode and human readable characters marked;

(b) Class 6 Division 2 (for Detonating Cord): Each Spool shall bear unique identification number (in the format as advised by the Chief Controller) in the form of barcode and human readable characters marked on both sides of spool and on every meter of the detonating cord;

(c) Class 6 Division 3 (for Detonators):(i) the name of manufacturer in full or abbreviated form shall be printed or embossed legibly on each piece of detonator and if abbreviated form is used, it shall be registered with the Chief Controller;

(ii) each inner package containing 100 plain detonators or each bunch of electric detonators shall bear a unique identification number (in the format as advised by the Chief Controller) in the form of barcode and human readable characters;

(iii) in case of non-electric detonators or delay detonators, each piece of such detonator shall bear the same markings as on the box.]

(4) Marking on fireworks. In case of fireworks, explosive composition, quantity of such composition, whether sound emitting crackers or colour or light emitting crackers, sound level, a caution or warning indicating the name of the item, manufacturer's name, 36[flammable, explodes, emits shower of sparks or shoots flaming balls,] method of firing and precautions to be taken both in words and pictorial view shall be printed on each piece of fireworks and cardboard box and where adequate space is not available on the fireworks, such caution or warning shall be printed on a separate label and inserted in the smallest packet or carton.

37[(4-A). The batch number and date of manufacturing of fireworks shall be printed on each package of fireworks.]

(5) Marking on other classes of explosives. Explosives of classes other than those mentioned in sub-rules above shall be marked as directed by the Chief Controller.

(6) Defacing of marking prohibited. No person shall alter or deface any printing or marking on the explosives or packages thereof.

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 38[including fireworks manufacturing 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 for approval by the authority.

(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.

39[Provided that factory for manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of the Ministry of Defence shall adhere to the provisions relating to security as mentioned in Defence Security Manual of Department of Defence Production, Ministry of Defence.]

(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 shelter for the security guard(s) on duty near the magazine at a suitable location not less than thirty metres away from the magazine.

(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 40[conforming to IEC, IS/IEC 60079 or IS/IEC 61241 and IS/IEC 60529 codes or] 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.

41[(1-A) The explosives manufacturers shall enter the particulars of kind and quantity of explosives manufactured daily in the online system made available by the licensing authority.]

(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.

42[(3) The licensee shall submit monthly returns of explosives (other than fireworks) received, sold or transferred or used or destroyed to the Controller as well as District Magistrate in Form prescribed in Part 5 of Schedule V annexed to the rules so as to reach the above authorities within tenth day of every succeeding month and licensee shall also submit monthly return in the online system made available by the licensing authority within tenth day of the succeeding month.]

(4) In case the licensing authority is the District Magistrate, the licensee shall submit 43[monthly] return to such authority.

44[(5) A person or a firm or a company holding a licence to manufacture or possession for sale or use of explosives shall make necessary arrangement for generating, printing barcodes on packages and cartridges of explosives and suitable scanners to read barcodes and shall also develop necessary information technology set up as advised by the licensing authority.

(6) The licensees holding licences to possess for sale or use of explosives shall make necessary arrangement to procure suitable scanners to read barcodes, and shall also develop necessary information technology set up within such time as may be specified by the Chief Controller.]

Records of all accidents occurring within the licensed premises shall be maintained and shall be made available to the inspecting authority.

SPECIAL PROVISIONS FOR MANUFACTURE OF EXPLOSIVES

(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, quantities 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;

(c) the limiting percentage of each ingredient of explosives;

(d) the specification of the various raw materials including substitutes, if any, used in the process of manufacture;

(e) physical and chemical characteristics of final product;

(f) name and percentage of marking agent to be added in plastic explosives for detection by vapour detection technique;

(g) salary management plan as stated in sub-rule (3) to be followed by the company in case of high explosives or blasting accessories 45[or fireworks];

(h) any other particulars as may be required by the licensing authority;

(i) prescribed scrutiny fee.

(3) Safety management plan referred to in clause (g) of sub-rule (2) shall include the following, namely:

(a) assigned responsibilities and organisational structure, including resource assessment;

(b) hazard identification. risk assessment and control;

(c) provision of information, education and training to the work force, contractors and visitors;

(d) accident reporting and investigation;

(e) emergency response planning and preparedness such as first aid, testing of 46[on-site] emergency plan once in a year;

(f) provision of escape route;

(g) evacuation plan, appropriate fire fighting controls, consequence minimising steps like control of spills, appropriate off-site response plan etc.;

(h) maintenance of records;

(i) maintenance of schedules for plant and equipment;

(j) standard operating procedures where absence of such procedures may adversely affect safety;

(k) availability of Material Safety Data Sheet (MSDS);

(l) security of explosives;

(m) transport and storage of explosives;

(n) material handling;

(o) explosives and man limit in each building and location;

(p) precaution against adverse conditions, natural as well as artificial such as lightning, earthquake, load shedding, trips in the process, etc.;

(q) restriction of source of ignition;

(r) segregation of incompatible materials;

(s) disposal of waste explosives and ingredients, including burning grounds procedures;

(t) competence of personnel for tasks; and

(u) safety meetings, self-auditing and external safety auditing of system and procedures.

(4) The Chief Controller, after scrutiny of the project report, the safety management plan and after making such further enquiries as may be considered necessary, may if he is satisfied, approve the process for each explosive separately.

(5) No person shall make any change in the process, nature and composition of explosives, specification and limiting percentages of raw materials and ingredients without prior approval of the licensing authority.

(6) The Chief Controller may cause at any time any test on any raw material, ingredients or explosives to ascertain if these conform to the particulars given under sub-rule (2).

47[(7) The licensed premises or manufacturing facilities shall not be leased to any other person, or company or firm or society for possession or manufacture of explosives or fireworks.]

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 48[for a period not exceeding six months,] 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 49[present], 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 building or any part thereof including any machinery therein, that building or part of it shall not be taken into use unless the same is permitted by the licensing authority.

(5) A record of all such servicing and maintenance shall be maintained till the time of next servicing and maintenance and in case of any major repairs or replacement to any machinery or equipment, such record should be preserved till replacement of such machinery and equipment.

Proper testing facilities 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 Chief 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 licensing 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).

SPECIAL PROVISIONS FOR IMPORT OR EXPORT OF EXPLOSIVES GENERAL

50[(1) No licence for import 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.

(2) No licence for export of explosives by land shall be granted without the No Objection Certificate issued by the Indian Mission and the Government of importing country.]

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 entering any port, a written declaration in Form CE-2 under his signature:

Provided that if in anticipation of a ship's arrival, the agent for such ship delivers to the Conservator of the port a written declaration as aforesaid under his signature, no such declaration needs to be made by master of the ship.

(c) Every declaration delivered to a pilot under clause (b) of sub-rule (2) shall be made over by him without delay to the Conservator of the port and all declarations received by the Conservator of the port shall be forwarded by him, with all convenient despatch to the Commissioner of Customs.

(3) Sampling procedure from imported explosives. (a) When the master of, or the agent for a ship has made declaration required by sub-rule (2) as the Commissioner of Customs of the port may authorise in this behalf shall board the vessel and obtain samples of 51[necessary explosives as he deems necessary to be tested, analysed or examined under these rules].

52[(b) The master or the agent, as the case may be, shall deliver to the officer referred to in clause (a), without charges, samples of all the explosives of which samples are required to be taken. The samples, if the sampling officer so desires, shall be taken from particular package indicated by him.]

(c) If the taking of any samples under clause (a) involves the opening of any case, such case shall, before it is opened, be removed to an isolated position at a safe distance from any place where consignments of explosives are stored.

(4) Despatch of samples to the testing officer. (a) The officer taking a sample of any explosives under sub-rule (3) shall affix to it the name of the ship, the name of the consignee, name of the explosive and such other distinguishing marks, as he may think necessary and shall forward it to the testing officer without delay.

(b) In the case of a Nitro-compound or a Chlorate mixture, the date and batch number shall also be affixed to the sample.

(5) Testing of samples. (a) The testing officer shall test, analyse or examine, as the case may be, the samples and shall without delay forward to the Commissioner of Customs a 53[or an analysis or examination report or test certificate in CE-1 in the case of a Nitro-compound or a Chlorate mixture, as the case may be] in duplicate under his signature certifying whether the explosives have passed the prescribed tests, analysis or examination.

(b) The Commissioner of Customs shall, as soon as practicable and ordinarily within twenty-four hours after receipt of the report of the testing officer, forward a copy 54[* * *] to the Chief Controller and the Controller of the area having jurisdiction.

(6) Permission to land explosives. 55[(a) No imported explosives shall be permitted to be landed by the Commissioner of Customs except with the licence for import of such explosive under these rules and after making such other enquiries as considered necessary.]

(c) Nothing in this rule shall affect the power of Commissioner of Customs to detain the explosives under any other law for the time being in force.

(d) The imported explosives shall be removed from the port premises by the importer as expeditiously as possible.

(7) Restrictions on airports for import. (a) No explosive shall be imported by air except at the airports authorised for this purpose by the Central Government from time to time.

(b) Any explosive not permitted by International Air Transport Authority regulations or by the Director General of Civil Aviation, shall not be imported by air.

(c) Any person intending to import explosives by air shall obtain landing permit from the Director General of Civil Aviation and produce a copy thereof to the Chief Controller prior to issue of licence.

(d) A person holding a licence for import of explosives by air or his authorised agent shall give a declaration well in advance before bringing the explosives into the airport to the officer in charge of the airport, the Commissioner of Customs and the Chief Controller giving full particulars of the explosives intended to be imported.

(e) Proper arrangements shall be made by the importer to take direct delivery of the imported explosives and remove the same as expeditiously as possible from the airport.

56[(f) No person shall be granted a licence to import explosives, unless he is holding valid licensed premises for possession of the class and quantity of explosives intended to be imported.]

(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 Chief Controller, on export of each consignment and within twenty-one days from the date of actual export, copy of bill of lading and return in Form RE-l0.

(2) Export of explosives by air

(a) Explosive of any kind and quantity, which is not included in International Air Transport 57[Association] regulations or not permitted by Director General of Civil Aviation, shall not be exported by air.

(b) A person holding a licence for export of explosives by air or his authorised agent shall give a declaration well in advance before bringing the explosives into the airport to the officer in charge of the airport or the Commissioner of Customs and the Chief Controller giving full particulars of the explosives intended to be exported.

(c) Explosives meant for export shall be brought to the airport after making proper arrangements and only after the aircraft is ready for loading explosives and explosives so brought to the airport shall be loaded directly into the aircraft.

(d) If for any unforeseen circumstances, explosives brought to the airport cannot be loaded into the aircraft, such explosives shall be stored in an isolated shed under guard as directed by the officer in charge of the airport and all due precautions against theft, fire or explosion shall be taken.

(e) Any person intending to export explosives by air shall obtain permission from the Director General of Civil Aviation and produce a copy thereof to the Chief Controller prior to grant of export licence.

58[(3) No person shall be granted a licence to export explosives, unless he is holding valid licensed premises for possession and sale of the class and quantity of explosives intended to be exported.]

SPECIAL PROVISIONS FOR TRANSPORTATION OF EXPLOSIVES GENERAL

(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 of 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 59[or Controller of Explosives].

(2) The certificate referred to in sub-rule (1) shall be issued by the testing officer 60[or Controller of Explosives] 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 (1) shall be produced on demand by the authority empowered under Rule 128.

The quantity of explosives except fireworks and safety 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;

(5) quantity specified in International Air Transport 61[Association] regulations or Director General of Civil Aviation whichever is less, in any one aircraft;

(6) twenty-five kilograms in tractor compressor licensed under these rules by the District Magistrate.

(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 and quantity of explosives to be transported.

(b) he has received a reply and intimation in writing from the Station Master that he is prepared to receive the explosive for immediate despatch;

(c) he has received a confirmation from the consignee regarding readiness to receive explosives as authorised under these rules.

(3) No person shall bring, send or forward to, or upon any railway any explosives which the Indian Railways have by any notice of regulation for the time being in force notified that it will not receive.

(1) Every explosive shall be loaded and unloaded at a safe distance from the station 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 or a goods train used for the transport of small consignments or in the brake-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 63[or freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle] 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 64[or freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle, as the case may be] 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 local police in advance to carry out the verification. Re-verification of such staff should be carried out at regular intervals, preferably once in a year.

65[(4) The licence for conveyance of explosives by road in a freight container mounted on a fixed chassis motor truck or goose neck type semi trailer vehicle shall be given only when

(a) the explosives are received from foreign countries in freight containers;

(b) the explosives are exported to other countries in freight containers;

(c) in an emergency with prior permission of Chief Controller.

(5) The freight container shall be conforming to International Maritime Dangerous Goods code.

(6) The maximum weight of explosives that can be carried in a freight container mounted on a fixed chassis motor truck or on a goose neck type semi trailer vehicle shall not exceed 20 MT or the maximum carrying capacity of the vehicle as permitted by Road Transport Authority, whichever is less.]

(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 secured.

(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 van transporting or containing explosives is parked overnight due to the reasons beyond the control of licence or the driver, the premises in which the van is parked

(a) shall not be used for any purpose that might give rise to the presence therein of an open flame, matches or any substance or article likely to cause explosion or fire;

(b) shall be away from any habitation of any godown containing articles of a flammable nature or other hazardous goods:

Provided further that the nearest police station shall be informed about the location and temporary parking of the van.

(5) The driver or operator of any vehicle carrying or containing an explosive shall not drive or conduct the same in a dangerous or reckless manner.

(6) Routes passing through centres of dense habitation shall, as far as possible, be avoided.

(7) A road van while transporting explosives shall always be attended to by two armed guards at the expense of the licensee. If the consignment of explosives is likely to pass through sensitive areas notified by the Ministry of Home Affairs, it should be escorted by armed police escort or guard, provided by the District Police Administration.

(8) When there is a convoy of two or more vehicles transporting explosives, where applicable, a space of at least 300 metres shall be maintained between each such vehicle.

(9) Road van transporting explosives shall not be driven past fires of any kind on or near the highway or other thoroughfare.

(10) The driver of the road van while transporting explosives shall, before crossing any unmanned railway crossing or before crossing any main highway, bring the road van to a full stop and proceed only when the way is safely clear.

(11) The original licence for van granted under these rules or attested copy of the same shall always be carried in the vehicle.

66[(12) Road vans used for transportation of explosives shall be equipped with necessary devices of Global Positioning System for tracking purpose with effect from such date as the Chief Controller may specify.]

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 transport to the destination or place designated by the Controller;

(2) In case of a breakdown of road van, the driver or the person in charge of the vehicle shall

(a) make or permit to be made minor repairs if the repairs can be made without hazard;

(b) where major repairs are required, prevent such repairs being made until the explosives are transferred to another vehicle or are removed from the vehicle and stored under proper security at a safe distance from the highway and at least three hundred metres from any inhabited premises;

(c) inform the licensee who shall in turn inform the Chief Controller and the Controller in whose jurisdiction the vehicle is broken down giving full details of the explosives and the circumstances attending the breakdown.

(1) Every road van shall be provided with 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.

SPECIAL PROVISIONS FOR POSSESSION, SALE AND USE OF EXPLOSIVES

(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 storehouse 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 storehouse whenever so required by an inspecting officer.

(4) The name and address of the person along with passport size photograph with whom the keys will be kept shall be furnished to the licensing authority and the Controller having jurisdiction.

67[(1) Sale of explosives in original packages. The explosive shall be sold in original packages or in smallest package bearing unique identification markings and under no circumstances, explosives shall be sold in quantity less than smallest package.

(1-A) The markings on each package shall be as per Rule 15.]

(2) No repacking shall be carried out in a magazine or storehouse.

(3) Repacking of explosives shall be done, where necessary, in an approved open sided shed having smoothly finished dust-free floor at a distance as approved by the licensing authority.

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 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 is of a repeated nature.

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;

(e) The authorised representative mentioned in clause (c), shall represent one licensee only for receiving explosives on his behalf:

68[(f) A consignee holding a valid licence issued by the Chief Controller or Controller of Explosives shall submit online indent in Form RE-11 under Part 5 of Schedule V annexed to these rules to the consignor;

(g) The consignor on receipt of online indent in Form RE-11 and after due verifications shall supply the kinds and quantities of explosives not exceeding the indented quantity to the consignee after issuing online pass in Form RE-12 under Part 5 of Schedule V annexed to these rules;

(h) The consignee on receipt of consignment of explosives shall enter kinds and quantities of explosives received by him immediately through the online system in Form RE-3 under Part 5 of Schedule V annexed to these rules;

(i) A person holding a licence for possession and use of explosives granted by the Chief Controller or Controller of Explosives shall issue explosives to the shot firers or blasters only after issuing online pass for end use of explosives in Form RE-13 under Part 5 of Schedule V annexed to these rules.]

Provided that nothing in this rule shall be applicable for fireworks and safety fuse.

A magazine, store house, or shop shall be constructed 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.

69[Provided that buildings for storage of explosives for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence shall be constructed as per Storage and Transport of Explosives Committee Pamphlet No. 3.]

(1) Store house shall be used only for possession of fireworks not exceeding five thousand kilograms 70[* * *] and not for sale.

(2) A person holding licence for possession and sale of fireworks 71[* * *] from a shop shall be eligible for a licence for one store house per shop.

(3) The store house shall he constructed as per Specification 3 of Schedule VII.

(1) No explosives, other than fireworks, 72[gun powder and small arm nitro-compound], 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 metres and not more than twenty-five square metres.

(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;

(b) not be situated in the sub-level or basement or mezzanine floor;

(c) not be situated under the upper 73[floors] used for the purpose of dwelling;

(d) not be situated under or nearby any staircase or lift;

(e) be accessible for fire fighting; and

(f) have no electrical apparatus or battery or oil lamp or similar equipments capable of producing spark or ignition and all electrical wiring in the shop be fixed and effectively sealed or conduited or mechanically protected, the main switch or circuit breaker be provided at the immediate accessible position outside the premises.

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 wall or ceiling and shall not be suspended by flexible wire. Switches for each shop shall be fixed rigidly to the wall and a master switch shall be provided for each row of sheds.

(5) Display of fireworks shall not be allowed within fifty metres of any shed.

(6) In one cluster not more than fifty shops shall be permitted.

74[(7) First aid, ambulance and minimum two fire-tenders shall be available for such cluster of fireworks shops.

(8) A warning board displaying words, Explosive and Dangerous Goods shall be provided in local language at conspicuous places.]

(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 75[* * *] 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.

The premises in which small arms nitro-compound or fireworks or gun powder 76[* * *] 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 77[* * *] 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 78[* * *] 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 79[and entries of kind and quantities of explosives returned shall be made in the online system made available by the licensing authority,].

(5) The carrying box used for carrying explosives from original packages shall be maintained thoroughly cleaned and dried and shall be kept closed when not in use. The containers shall be provided with either handles or carrying straps of adequate strength and shall be conspicuously marked with the word Explosives .

(6) Detonators shall be conveyed in special containers constructed of non-metal or non-conductive material and these shall not be carried with other explosives. Batteries, dry cells and other sources of electric energy shall not be carried in the vehicle carrying detonators.

(7) No detonator shall be taken out from a case or container unless it is required for immediate use.

(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 charged 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 not damaged during the placing of stemming material and tamping.

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.

GRANT OR REFUSAL OF APPROVAL, NO OBJECTION CERTIFICATE, LICENCE, CERTIFICATES, AMENDMENT, TRANSFER AND RENEWAL

Licences and certificates for specific purposes may be granted by the authorities specified in Part I 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 from 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 to issue no objection certificate under Rules 102 and 103.

(4) Prior approval under sub-rule (1) shall not be necessary in case of licences for manufacture of Adivertus, transport of explosives in tractor compressor, possession in shops, public display of fireworks and import and export of explosives.

80[(5) No approval shall be granted for possession for use of explosives to a person or firm or society or company who is holding a licence for possession and sale of explosives or vice versa.

(6) Nothing in the sub-rule (5) shall be applicable to magazines for possession for use and possession for sale located and attached to the explosives manufacturing factories.]

(1) After approval under Rule 101, the person desiring to obtain a licence for manufacture, possession for sale or use of explosives shall obtain a no objection certificate from the District Magistrate or Director General of Mines Safety, 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 other amendment in the existing licence is carried out which does not warrant any fresh enquiry for grant of no objection certificate.

(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), shall make verification of the antecedents of the applicant, lawful possession of the site, genuineness of the purpose, interest of public and any other verifications or enquiries as may be specifically required by the licensing authority to be carried out, if any, and on any other matter as deemed necessary

(a) For verification of the interest of public, the District Magistrate shall forthwith cause a notice to be published calling upon the public to submit objections, if any, with reasons thereof, within a period of one month from the date of publication of the notice and specifying the date, time and place for consideration of objections by him. Where the site of the proposed premises lies within 1.5 kilometers of the limits of the jurisdiction of any town planning municipal authority or port or air port or satellite or space craft launching station or similar establishments of national importance, the District Magistrate shall cause the notice to be served to such authority or establishment. The day of hearing for consideration of objections shall be fixed as early as possible, after the expiration of the period of one month from the date of publication of notice. On receipt of objection, the District Magistrate shall call the person or persons raising objection and also the applicant, giving not less than seven clear days before the day fixed for hearing for consideration of the objection. On the day fixed for the hearing or any day to which such hearing may be adjourned from time to time, the District Magistrate shall hear any objection relating to the purpose of no objection certificate and shall make such enquiry, as he may deem necessary to assess justification of such objection.

(b) If the quantity of explosives does not exceed one hundred kilograms or in case of ANFO or Liquid Oxygen Explosives or SME or transport of explosives in a road van, the notice for public for objection as stated in clause (a) shall not be necessary.

(4) The Director General of Mines Safety, on receipt of application referred to in sub-rule (1), shall make verification of lawful possession of the site, genuineness of the purpose, any other verifications or enquiries as may be specifically required by the licensing authority to be carried out, if any, and on any other matter as deemed necessary.

(5) The authority referred to in sub-rule (3) or sub-rule (4) shall complete the enquiry within a period of three months and such authority shall after being satisfied, grant no objection certificate along with site plan duly signed and sealed by such authority.

(6) If the authority referred to in sub-rule (3) or sub-rule (4) objects to the grant of the no objection certificate on any of the grounds relating to the purpose of no objection certificate, no licence shall be granted by the licensing authority except with the sanction of the Central Government.

(7) The authority referred to in sub-rule (3) or sub-rule (4) shall grant the no objection certificate in the format specified in Part 2 of Schedule V or convey his refusal for granting no objection certificate with reasons thereof in writing to the applicant as expeditiously as possible but not later than six months from the date of receipt of application from the applicant.

(8) No licence for manufacture of explosives other than Liquid Oxygen Explosives shall be granted or renewed to a person for his factory or mine not covered under the Factories Act, 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1957), as the case may be, unless he executes a bond in Form CE-3 indemnifying person injured or dependants of deceased workers in the event of an accident in the factory or mine for an amount of Rs 10,000 for factories manufacturing up to 15 kilograms of gunpowder or fireworks at any one time, an amount of Rs 25,000 for factories manufacturing up to 200 kilograms of gunpowder or fire works at any one time and Rs 50,000 in every other case in respect of factory or mines.

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 endorse the licence and from the date of such endorsement, the licence shall come into force:

Provided that if the licensing authority grants a licence without conducting prior inspection, such authority shall issue provisional permission pending endorsement of licence to use the licensed premises for a period which the licensing authority may require for conducting inspection of the premises for endorsement of the licence.

(4) If the licensing authority observes, on inspection, that the premises do not conform to the provisions of the Act and these rules and not fit for endorsement, he shall communicate to the licensee,

(i) his direction for rectification of deficiencies; or

(ii) reasons for not regular endorsement of the licence; or

(iii) reasons for suspension or revocation of the licence, as the case may be.

(5) In case of application for grant of shot firer's certificate, the Controller on receipt of documents specified in Item Number 24 of Rule 113 shall conduct such examination and enquiries as deemed necessary before granting the shot-firer's certificate. On his being satisfied that the applicant has adequate knowledge and experience in related field of handling and blasting explosives, he shall grant the shot firer's certificate in Form LE-10 specifying therein the authorised area and category of blasting. Such certificate shall be valid for a period of five years from the date of issue. The certificate may be revalidated for subsequent five-year periods on completion of procedures as in the case of fresh grant.

Explanation. For the purposes of this sub-rule, there shall be the following categories of blasting, namely:

(6) In case of application for grant of foreman's certificate, the Controller on receipt of documents specified in Item Number 25 of Rule 113 shall conduct such examination and enquiries as deemed necessary before granting the foreman's certificate. On his being satisfied that the applicant has 81[five years experience in the field of manufacture of fireworks and or safety fuse and has passed class ten examination], he shall grant the foreman's certificate in Form LE-11 specifying therein the authorised area of manufacture. Such certificate shall be valid for a period of five years from the date of issue. The certificate may be revalidated for subsequent five year periods on completion of procedures as in the case of fresh grant.

(7) The District Authority shall forward a copy of every licence granted by him in Form LE-1, LE-2, LE-3, LE-4 and LE-5 to the Controller having jurisdiction over the area.

(8) Wherever licence is granted in Form LE-1 for manufacture of fireworks by the District Authority, he shall ensure that such licence is issued for manufacture of only such fireworks item which are authorized by the Chief Controller.

(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 82[* * *];

(d) original licence issued to the existing licensee;

(e) copies of supporting documents 83[* * *] in favour of the applicant;

(f) requisite scrutiny fee and transfer fee;

(g) copies of all approved drawings in the name of the applicant;

(h) status of the applicant whether individual, proprietary firm, partnership firm, company, association or society or otherwise documentary evidence along with names, addresses of the proprietor or partners or directors or members as the case may be, and photographs of the occupier, to be submitted;

(i) a no objection certificate from the District Magistrate for transfer of the licence in favour of the applicant:

Provided that no objection certificate shall not be necessary if the applicant holds a licence for which a no objection certificate has already been granted 84[in the same district].

(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 therefor;

(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.

(3) The licensing authority after scrutiny of the documents submitted under sub-rule (2), and after making such further inquiries and taking such action as deemed necessary, may take suitable action to amend the licence.

(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 of explosives, the licensee shall apply for corresponding amendments in the list of authorised explosives in respect of explosives manufactured by him.

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 called for by the licensing authority.

(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:

Provided further that a licence, which has been granted by the District Magistrate, may be renewed without any alteration by a Sub-Divisional Magistrate or an Executive Magistrate duly authorised by the District Magistrate in this behalf.

(4) Every application for the renewal of a licence shall be made so as to reach the licensing authority or the authority empowered to renew the licence on or before the date on which the licence expires.

(5) If the application for renewal reaches the renewing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused has been communicated to the applicant.

(6) The same fee shall be charged for the renewal of a licence for each year as for grant thereof:

Provided that if the renewal application together with complete documents is received by the licensing authority after the date of expiry but not later than six months from the date of expiry; and if the licensing authority is satisfied that such delay is beyond the control of the licensee, the licence may, without prejudice to any other action that may be taken in this behalf, be renewed on payment of penalty fee which is equal to one year's licence fee.

(7) In case of an application for the renewal of the licence for a period of more than one year at a time, the fee prescribed under proviso of sub-rule (6), if payable, shall be paid only for the first financial year of renewal.

(8) Every licence granted under these rules other than a licence granted for a specified period shall be renewable for a maximum period of five years where there has been no contravention of the Act or these rules framed thereunder or of any condition of the licence so renewed.

(9) Where a licence renewed for more than one financial year is surrendered before its expiry, the renewal fee paid for the unexpired portion of the licence shall be refunded to the licensee:

Provided that no refund of renewal fee shall be made for any financial year during which

(a) the licensing authority received the renewed licence for surrender;

(b) any explosive is received or stored on the authority of the licence.

(10) No licence shall be renewed if the application for renewal is received by the licensing or renewing authority after 85[six] months of the date of its expiry. An application for 86[renewal] received after 87[six] months of the expiration of the licence shall be considered as an application for a new licence.

(11) When a licence is renewed by the Chief Controller or a Controller, an intimation to that effect shall be sent to the District Magistrate concerned and when a licence is renewed by the District Magistrate, intimation to that effect shall be sent to the Controller having jurisdiction.

The following documents shall be required to be submitted for approval and grant of licence,

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 112[involving violence or moral turpitude for a term of not less than six months at any time during a period of five years after the expiration of the sentence] 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.

(2) The authority issuing the no objection certificate or the District Magistrate or the State Government cancelling no objection certificate shall record, in writing, the reasons for such cancellation and shall immediately furnish to the licensee and the licensing authority concerned, copy of the order cancelling the no objection certificate and the reason for such cancellation.

(3) In case an appeal is made against the cancellation of no objection certificate, the appellate authority may consult, if so desired, the Chief Controller.

(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 renewal of a licence under the rule, the holder of the licence shall be given an opportunity of being heard.

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 113[involving violence or moral turpitude for a term of not less than six months at any time during a period of five years after the expiration of the sentence] 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.

114[(c) the licenced premises or manufacturing facilities are leased to any other person, firm, company, society.]

(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 by an order of the licensing authority for any contravention of the Act or these rules or of any condition contained in such licence, or by order of the Central Government, if it is satisfied that there are sufficient grounds for doing so:

Provided that before suspending or cancelling a licence under this rule, the holder of the licence shall be given an opportunity of being heard.

(2) The suspension or cancellation shall take effect from the date specified therein.

(3) An order of suspension or revocation of a licence shall be deemed to have been served if sent by post to the address of the licensee entered in the licence.

(4) The suspension of a licence shall not debar the holder of the licence from applying for the renewal.

(5) Notwithstanding anything contained in sub-rule (1), an opportunity of being heard may not be given to the holder of the licence before his licence is suspended or cancelled in cases

(i) where the licence is suspended by a licensing authority as an interim measure for violation of any of the provisions of the Act or these rules or of any conditions contained in such licence and in his opinion such violation is likely to cause imminent danger to the public:

Provided that where a licence is so suspended, the licensing authority shall give the holder of the licence an opportunity of being heard before the order of suspension is confirmed; or

(ii) where the licence is suspended or cancelled by the Central Government, if that Government considers that in the public interest or in the interest of the security of the State, such opportunity should not be given.

(6) A licensing authority or the Central Government suspending or cancelling a licence shall record its reason for so doing in writing.

(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 any of these rules or that false information was given or a misrepresentation was made to obtain the certificate;

(f) the applicant belongs to any unlawful or barred organisation.

(2) In any case where the issuing authority refuses or withdraws a certificate, the issuing authority shall communicate the same to the applicant or holder of the certificate and such communication shall specify the reason for refusal or withdrawal of the certificate and shall state that, upon written request by the applicant or the holder of the certificate, a hearing before the issuing authority will be held within twenty-one days after the date of the request.

(3) Upon intimation of the revocation of any certificate, the holder of the certificate shall immediately surrender to the issuing authority the revoked certificate.

(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 refunded to the appellant if the appeal is upheld by the appellate authority.

(4) The action taken by the appellate authority shall conform to the provisions of Section 6-F of the Act.

(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 115[is lost or accidentally destroyed, a duplicate copy may be issued] on payment of fees, specified in Part 2 of Schedule IV.

POWERS VESTED WITH AUTHORITIES

(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 in accordance with Rule 121.

(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;

(d) seize, detain and remove any explosive or ingredients thereof found therein together with connected documents thereof in respect of which he has reason to believe that any of the provisions of the Act or these rules have been contravened.

TABLE

(2) Whenever any officer other than the Chief Controller seizes, detains or removes any explosive or ingredients thereof or any connected documents thereof under this rule, he shall forthwith report the fact by telegram to the Chief Controller and the Controller under whose jurisdiction the place where the explosives were seized falls and whenever any officer not being the District Magistrate seizes, detains or removes any explosives or ingredients thereof or any connected documents thereof under this rule, he shall forthwith report the fact by telegram to the district authority concerned.

(3) Whenever any explosives are seized they shall be stored up in an isolated place under adequate guard until examination by the Chief Controller or Controller and receipt of instructions from him as to their disposal.

(4) Notwithstanding the above, the Executive Magistrates or Police Officers authorized in the table shall carry out inspection of the magazines located within their jurisdiction once in six months in order to ascertain if there has been any violation of the Act or the rules thereof. An assessment regarding adequacy of security guards provided by the licensee at the magazines as per Rule 21(2) should also be made during such inspection. A report of such inspection should be submitted to the concerned District Magistrate or Superintendent of Police or Commissioner of Police with a copy to the licensing authority.

(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 longer fit for storage, transport or use and the matter appears to be urgent to such Controller and fraught with serious danger to public.

(2) Whenever the Chief Controller or a Controller destroys any explosive or ingredient thereof or renders it harmless under sub-rule (1), he shall take and keep a sample thereof :

Provided that if in his opinion such sample can be taken, transported and kept safely for the period required without any danger to any life or property and if required, he may give a portion of the sample to the person owning the explosive or having the same under his control at the time of seizure.

(3) Where any explosive or ingredient thereof is destroyed by a Controller, he shall report all the facts to the Chief Controller. The explosives shall be destroyed or rendered harmless as provided. under this rule at the expense of the occupier of factory, magazine, storehouse or the place or owner of the explosives.

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.

ACCIDENTS, ENQUIRIES AND REPORTS

(1) The notice of an accident required to be given under Section 8 of the Act shall be given within 116[twelve hours of the happening of the accident by telephone], 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 to 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 authorised representative or instruction received from the Chief Controller or his representative that he does not wish any further investigation or inquiry to be made, all wreckage and debris shall be left untouched except in so far as its removal may be necessary for the rescue of persons injured and recovery of the bodies of any persons killed, by the accident or in the case of aerodromes or railways, for the restoration of thorough communication.

(3) The Chief Controller or his authorised representative, if so required by them, shall be provided with all assistance by the officer in charge of the nearest police station.

(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 be at liberty at any such inquiry to examine any witness subject to the order of the District Magistrate on points of law.

(5) Where the Chief Controller is not present or represented at any inquiry held by a District Magistrate, a copy of the report of the proceedings thereof shall be sent to him.

(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.

(2) 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 Controller may attend in person or send a representative and in either case, he shall have power to examine witnesses where he so desires.

ADMINISTRATIVE AND PENAL ACTIONS

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 thereunder.

(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.

(See Rule 4)

Explosives are divided into 8 classes as follows:

Gunpowder means gunpowder ordinarily so called.

Nitrate-mixture means any preparation, other than gunpowder which is formed by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosives properties, whether sulphur be or be not added to such preparation, and whether such preparation be or be not mechanically mixed with any other non-explosive substance, and includes any explosive containing 117[a perchlorate] and not being a chlorate-mixture, fulminate or nitro-compound as defined in this Schedule.

(1) Nitro-compound means any chemical compound which is possessed of explosive properties or is capable of combining with metals to form an explosive compound, and is produced by the chemical action of nitric acid (whether mixed or not, with sulphuric acid), or of a nitrate mixed with sulphuric acid, upon any carbonaceous substance, whether such compound is mechanically mixed with other substances or not.

(2) The nitro-compound class 118[has] two divisions namely, Division 1 and Division 2.

(3) Division 1, comprising any chemical compound or mechanically mixed preparation which consists, either wholly or partly, of nitro-glycerine or some other liquid nitro-compound.

(4) Division 2 comprising any nitro-compound, which is not comprised in Division I that is explosives such as Tri-nitro-toluene (T.N.T.) etc.

(1) Chlorate-mixture means any explosive containing a chlorate.

(2) Chlorate-mixture class has 2 divisions namely, Division 1 and Division 2.

(3) Division 1, comprising any chlorate preparation which consists partly of nitro-glycerine or of some other liquid nitro-compound.

(4) Division 2, comprising any chlorate mixture which is not comprised in Division 1.

(1) Fulminate means any chemical compound or mechanical mixture whatever, which from its great susceptibility to detonation, is suitable for employment in percussion-caps or any other appliances for developing detonation, or which, from its extreme sensibility to explosion, and from its great instability (that is to say, readiness to undergo decomposition from very slight exciting causes), is specially dangerous.

(2) The Fulminate class consists of two divisions namely, Division 1 and Division 2.

(3) Division 1 comprising such compounds as the Fulminate of sliver and of mercury, and preparations of those substances such as are used in percussion caps, and any preparation consisting of a mixture of chlorate with phosphorus, or certain descriptions of compounds of phosphorous, with or without the addition of carbonaceous matter, and any preparation consisting of a mixture of a chlorate with sulphur or with sulphuret, with or without carbonaceous matter.

(4) Division 2 comprises such substances as the chloride and the Iodide of Nitrogen, Fulminating Gold and Silver, Diazobenzol and the Nitrate of Diazobenzol, Lead Azide and Tetrazine.

(1) Ammunition means an explosive of any of the foregoing classes when the same is enclosed in any case or contrivance, or is otherwise adapted or prepared so as to form: (a) a cartridge or charge for small arms, cannon or any other weapon, or (b) a safety or other fuse for blasting or for shells, or (c) a tube for firing explosive, or (d) a percussion cap, detonator, fog signal, shell, torpedo, war rocket or any other contrivance other than a firework.

(2) The ammunition class has three divisions, namely, Division 1, Division 2 and Division 3.

(3) Division 1 comprises exclusively of (i) Safety cartridges, (ii) Safety fuses for blasting, (iii) Railway fog signal, and (iv) Percussion caps.

(4) Division 2 comprises any ammunition, which does not contain its own means of ignition and is not included in Division 1, such as cartridges for small arms other than safety cartridge, cartridges and charges for cannon shells and torpedoes containing any explosives, tubes for firing explosives, and war rocket, which do not contain their own means of ignition.

(5) Division 3 comprises any ammunition which contains its own means of ignition and is not included in Division 1, such as detonators, fuses for blasting which are not safety fuses, tubes for firing explosives, containing their own means of ignition.

Note. The expression ammunition containing its own means of ignition means ammunition having an arrangement, whether attached to or forming part of the ammunition which is adapted to explode or fire the ammunition by friction or percussion. Percussion cap does not include a detonator.

(1) Fireworks Class has four divisions, namely, Division 1, Division 2, Division 3 and Division 4.

(2) Division 1 comprises fireworks composition that is to say, any chemical compound or mechanically mixed preparation of an explosive or inflammable nature, which is used for the purpose of making manufactured firework, and is not an explosive of Classes 1, 2, 3, 4, 5 and 6, any star and any coloured fire composition:

Provided that a substantially constructed hermetically closed metal case, containing not more than 500 grammes of coloured fire composition of such a nature, as not to be liable to spontaneous ignition shall be deemed to be a manufactured firework and not a firework composition .

(3) Division 2 fireworks comprises manufactured fireworks i.e. to say any explosive of Class 1, 2, 3, 4 or 6 and any fireworks composition when such explosive or composition is enclosed in any case or contrivance or other articles specially adapted, for the production of pyrotechnic effect for pyrotechnic signal or sound signals.

(4) Division 2 fireworks comprises 3 sub-divisions, namely, sub-division 1, sub-division 2 and sub-division 3.

119[(5) Sub-division 1 of Division 2 fireworks comprises fireworks which, in the opinion of Chief Controller are relatively innocuous in themselves and are not liable to explode violently or all at once, e.g., sparklers [Chorsa crackers, serpents, etc.].]

(6) Sub-division 2 of Division 2 of fireworks comprises 120[* * *] fireworks which, in the opinion of Chief Controller, present a special hazard to a person e.g. rockets, shells, maroons, wheels, barrages, fountains, illumination pieces, distress signals, pyrotechnic devices etc.

(7) Sub-division 3 of Division 2 fireworks comprises such fireworks, which are assembled at site purely for the purpose of display.

(8) Division 3 comprises any explosive contrivance required for the manufacture of manufactured fireworks e.g. quick match fuse, micro cord fuse etc.

(9) Division 4 comprises manufactured fireworks for use of Armed Forces of the Union.

Liquid Oxygen Explosives means an absorbent carbonaceous material such as wood pulp, carbon black, metal powder, coal dust etc. impregnated with liquid air or liquid oxygen with or without the addition of other substances.

As per the United Nations recommendations in the Model Regulation on the Transport of Dangerous Goods published vide ST/SG/AL.10/1/Rev 12 in ISBN 92-1-13974-5, the UN Classification of dangerous goods have been made as UN Class 1 (Explosives), Class 2 (Gases), Class 3 (Flammable liquid), Class 4 (Flammable Solids; substances liable to spontaneous combustion; and substances which in contact with water emit flammable gases), Class 5 (Oxidizing substances; organic peroxides), Class 6 (Poisonous and infectious substances), Class 7 (Radioactive materials), Class 8 (Corrosive substances) and Class 9 (Miscellaneous dangerous substances).

Therefore explosives, which come within the purview of the Explosives Rules, are hazardous goods of UN Class 1. The UN Class 1 i.e. explosives, have been further divided into 6 divisions as follows:

Notes. (1) For the purpose of safety distances as applicable for manufacturing factories and magazines,

(a) Explosives of X category (except sparklers) can be considered as explosives belonging to U N Class 1.4;

(b) Explosives of Y category as explosives of U N Class 1.3;

(c) Explosives of ZZ category as explosives of UN Class 1.1 and 1.5;

(2) For very low hazard fireworks like sparklers, separate Tables of Safety distances have been prescribed for manufacturing or storage purpose.

TABLE-1

The Compatibility Group pertaining to UN Classification Codes of hazardous goods for the purpose of packaging for transport, import and export shall be as follows:

Note. As per the Explosives Rules, the methods of packaging of explosives for transport within India may be as per Part-1 of Schedule 2 but the methods of packaging of explosives for import and export of explosives shall be as per Part-2 of Schedule 2.

TABLE-2

TABLE-3

(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 3 adapted and intended exclusively for use as a propelling charge in cannon or small arms.

(2) Wherever an explosive is distinguished as belonging to a particular class or division of a class, the reference is to be made to the classification specified in Schedule 1;

(3) The packages of explosives shall conform to the requirements of relevant standards of Bureau of Indian Standards.

121[(4) (a) The outer package shall be used only once for packing and transport of explosives;

(b) When the explosives contained in outer package are removed there from, the outer package shall be destroyed;]

TABLE

(See Rules 14 and 15)

(1) The methods of packing of explosives for import and export shall comply with the Scheme of classification of dangerous goods of UN Class 1 (i.e., explosives) in combination with the Hazard Division and the Compatibility Group devised by United Nations as Transport of Dangerous Goods and accepted world wide as harmonised International Regulations as amended from time to time for governing the various modes of transport of dangerous goods.

(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.

*Alternative pattern for use where hot water is available.

N.B. The apparatus and materials are to comply in all respects with the specification and standard patterns.

The acetic acid is to be clear, colourless and free from all impurities, and is not to contain less than 96 per cent CH3COOH. When 1 cubic centimetre of N/10 potassium permanganate solution is added to 100 cubic centimetres of the acetic acid maintained at 15 C, the distinctive colour is to remain for not less than 15 minutes.

One drop of the diluted acetic acid one volume acetic acid diluted with four volumes of distilled water when placed by means of a glass rod on freshly prepared potassium iodide-starch paper is to produce no colour.

The French chalk is to be equal in colour, to the standard sample and is not to contain more than 0.5 per cent of moisture.

The bulk of the French chalk is to be such that a volume of 50 cubic centimetres will weigh 23.5 + 1.0 grammes. This to be determined as follows:

A glass funnel, the stem of which is 11 centimetres in length tapering, internally from 8 mm at the top to 5 mm at the end, is to be clamped vertically above a 50 cubic centimetres cylinder so that the mouth of the latter is 7 centimetres below the lowest point of the funnel. The cylinder is to be 2.5 centimetres in internal diameter, with a ground edge. The French Chalk is to be poured gradually into the funnel and allowed to flow into the cylinder until the latter overflows. This should take one minute. The surface of the chalk is then to be levelled off, without tapping into the funnel and allowed to flow into the cylinder until the latter overflows. This should take one minute. The surface of the chalk is then to be levelled off, without tapping or shaking the cylinder, by drawing a straight edge over the mouth of the cylinder. The cylinder and contents are then to be weighed.

The fitness of the French chalk is to be such that it will all pass, without rubbing, through a 0.075 mm wire sieve of 6.400 meshes per square centimetre.

The French chalk is not to contain more than 0.1 per cent of soluble alkali salts calculated as CaCo3. This is to be determined as follows:

10 grams of the chalk are to be boiled with 250 cubic centimetres of water for one minute, filtered, washed and the filtrate titrated with N/10 hydrochloric acid.

The French chalk, when warmed with hydrochloric acid is not to give off more than 1 per cent and not less than 0.25 per cent of carbonic acid gas.

The French chalk is not to absorb more than 0.5 per cent of moisture after being dried at 100 C till constant in weight, and then exposed under a bell-jar to saturated atmosphere at 15 C to 20 C for 24 hours.

Note. Before use in heat-test experiments the French chalk is to be carefully washed with distilled water, dried in a water oven at 65-70 C, and exposed to a saturated atmosphere for 24 hours. It is to be kept in a well-stoppered bottle.

The glycerine is to comply with the latest edition of British Pharmacopoeia Specification in all respects.

The paper for making heat test paper is to consist entirely of pure normal cotton cellulose of strongly resistant quality and free from any loading or sizing.

During manufacture, the paper is not to be submitted to artificial heat of any kind.

The paper is to have a smooth white surface, and both sides are to be as nearly alike as possible.

The average length of the fibres is to be 2 0.5 millimetres.

The sheets, when measured with a Ciceri Smith's patent fixed pressure micrometer, are to have a thickness of 1.8 0.2 millimetres.

The last treatment in its preparation is to be a thorough washing with pure distilled water and subsequent air drying in a pure atmosphere.

The paper is to be free from all traces of chemical or other impurity particularly acids, chlorine and peroxides.

On boiling with 3 per cent, caustic soda solution for 60 minutes, the paper is to lose more than 7.5 per cent of its weight.

When heated for 15 minutes at 100 C with Fehlings's solutions, diluted with twice its volume of boiling water, it is not to produce more than 1.25 per cent of its weight of cuprous oxide (Cu2O).

It is to be supplied in sheets 50 centimetres long by 15 centimetres wide, and each 100 sheets packed separately in a hermetically sealed tin case closed by a tear-off strip.

For use in the extraction of nitro-glycerine from dynamite it is to be supplied in circles 5.5 centimetres in diameter, each 100 papers being packed separately.

The papers are to be prepared and tested by the method laid down in Appendix II.

Each batch of papers is to be tested by carrying out four consecutive tests of four papers on each of two days. The mean test obtained is to be 18.5 0.75 minutes. A test different from the mean by more than two minutes is to be considered abnormal, and is to be disregarded unless there are more than one of such abnormal tests amongst the 32 papers tested, in which case the batch is to be condemned.

The standard tint papers are to be made by the method described in, and are to conform to the conditions laid down in Appendix I.

All the operations in preparing a sample for testing are to be carried out as expeditiously as possible, avoiding exposure to light, as far as practicable and the test is to be carried out as soon as the sample is prepared.

In weighing out heat test quantities, an accuracy of 0.05 gramme is sufficient. These quantities are to be weighed out into test tubes which have been fitted with rubber rings, the Explosives of Class 3, Division 1.

(1) Friable Nitro-glycerine preparations from which the nitro-glycerine or liquid nitro-compound cannot be conveniently extracted with water

(a) A cartridge of the sample to be tested is to be opened at one end and rotated with one hand while with the other contents of the cartridge are to be loosened by means of pressure between the thumb and forefinger. The first 12.7 millimetres of the sample so loosened is to be rejected.

(b) The cartridge is then to be inverted over the scoop and the loosening operation continued so as to transfer a portion of the explosive to the scoop.

(c) When the weight of the sample in the scoop has been adjusted to 3.2 grammes the sample is to be transferred by means of the aluminium funnel to a heat test tubes collected at the bottom by gently tapping the side of the tube with the fingers and pressed down to a height of 3 centimetres by means of the flat-headed glass rod. The sample is then ready to be heat tested.

(2) Blasting Gelatine and Analogous Preparations

(a) The wrapper of the cartridge is to be opened out and 12.7 millimetres of the sample is to be removed with the spatula and rejected. A price weighing 3.2 grammes as nearly as can be judged is then to be cut off for test. The sample is to lie on its own wrapper during these operations, and direct contact of the operator's hands with the sample is to be avoided.

(b) The portion of the sample removed is to be weighted in the scoop and pieces added to, or removed from it, until 3.2 grammes are obtained. This quantity is then to be transferred to the mortar. 6.5 grammes of French Chalk are to be weighed out using the spatula and scoop and also transferred to the mortar.

(c) The sample is to be incorporated with the French Chalk by repeatedly squeezing it with the end of the pestle, until it is in a condition in which it can be ground. The times for normal samples should generally be as follows:

The mixture is then to be ground by a circular movement of the pestle for a further period of half a minute, and should then be homogenous in appearance.

(d) The mixture is to be transferred to a test-tube by means of the horn spatula and the aluminium funnel, and gently pressed down to a height of 5 centimetres with the flat headed glass rod. The sample is then ready to be heat tested.

(e) The pestle and mortar after each grinding are to be thoroughly washed with tap water, rinsed with distilled water, dried with a clean towel, and finally dried in a bath at 100 C. The pestle and mortar are to be allowed to cool to the ordinary temperature before being used again.

(3) Cordite, Ballistite and other propellants of Class 3, Division 1

(i) Explosives in the form of sticks or tubes

(a) The operator is to wash his hands carefully, thoroughly rinse them in distilled water, and dry them with a clean towel.

(b) The sticks or tubes to be tested are to be wiped out with clean filter paper.

(c) The sample is to be reduced to a condition suitable for grinding in the cordite mill by being cut into small piece about 3.175 millimetres long by means of the cordite knife, 12.7 millimetres being rejected from each end of the sticks or tubes to be tested.

(d) The set of sieves with the lid removed is to be placed under the mill so as to allow the ground material to fall directly on the top sieve.

(e) The cut sample is to be transferred from the cordite tray to the mill and ground. The first portion passing through the mill is to be rejected. A sufficient quantity of the sample is to be taken to ensure that enough material is obtained on the second sieve without grinding the whole quantity introduced into the mill.

(f) The lid is to be replaced on the set of sieves and the sample is sieved for one minute. The material which remains on the second sieve is to be taken for heat test, except in the case of powder in sticks or tubes the nominal diameter of which is less than 0.762 millimetres in this case, the material in the bottom compartment is to be taken for heat test.

(g) 1.6 grammes of the ground and sieved sample are to be weighed out in the scoop, transferred by means of the aluminium funnel to a heat test tube and collected at the bottom by gently tapping the side of the tube with the fingers. Three such test quantities are to be so weighed out. The sample is then ready to be heat tested.

(h) The set of sieves and the cordite mill are to be cleaned with the cleaning brush before and after the preparation of each sample.

(ii) Explosives in the form of grains for small arms. 1.6 grammes of the sample is to be weighed out in the scoop, transferred by means of the aluminium funnel to a heat test tube and collected at the bottom by gently tapping the side of the tube with the fingers. Three such test quantities are to be weighed out. The sample is then ready to be heat tested.

(1) Nitro-cellulose Pulp

(a) The operator is to wash his hands carefully, thoroughly rinse them with distilled water and dry them with a clean towel.

(b) Six thickness of filter paper are to be laid on top of one another. Sufficient quantity of the sample to be tested, to give about 5.6 grammes after the final pressing, is to be spread on the top sheet. Six other thickness of filter paper are to be similarly laid over the sample. The whole is then to be placed under pressure as, for instance, in a hand screw press, and pressure applied for three minutes. On removal from the press, the sample is to be rubbed up by hand on the filter paper and again pressed for three minutes on fresh filter paper. The sample is then to be transferred to the rectangular sieve and rubbed through it with the hand.

(c) 5 grammes of the sieved sample are to be weighed out in the scoop and spread evenly on an aluminium tray.

(d) The oven is to have been brought to, and is to be maintained at a temperature of 48.9 C (120 F) the tray is to be placed in the oven and kept there for 15 minutes with the door closed.

(e) The tray is to be removed from the oven and the sample transferred to the top sieve of the set of sieves. The lid is to be replaced, and the sample sieved for two minutes. For this operation the second sieve is not to be used.

(f) The portion of the sample, which passes through, the top sieve is again to be spread evenly on an aluminium tray and exposed to the air of the room for four hours.

(g) 1.3 grammes of the exposed sample are to be weighed out in the scoop and transferred by means of the aluminium funnel to a heat test tube. Two such test quantities are to be so weighed out. The material in each is to be gently pressed down with the flat headed glass rod to a height of three centimetres. The sample is then ready to be heat tested.

(h) The wire sieve and the set of sieves are to be cleaned with the cleaning brush before and after each sample has been sieved.

(2) Compressed Guncotton

(a) About 10 grammes of guncotton are to be removed from the centre of the primer or slab by scrapping with the horn spatula.

(b) The scrapping so obtained are to be placed in the glass beaker two-thirds full of cold distilled water. The sample is to be frequently stirred up on the water during 15 minutes with the flat headed glass rod, and then allowed to settle. The water is to be poured off and replaced by a similar quantity of distilled water in which the sample is to be frequently stirred up as before during 15 minutes. After setting, the second wash water is to be poured off.

(c) The operator is to wash hands carefully, thoroughly rinse them with distilled water and collect the sample by hand squeezing out the excess of water.

(d) Six thickness of filter paper are to be laid on top of one another. The washed guncotton is to be spread on the top sheet. Six other thickness of filter paper are to be similarly laid over the sample. The whole is then to be placed under pressure as, for instance, in a hand screw press and pressure applied for three minutes. On removal from the press, the sample is to be rubbed up on the filter paper by hand and again pressed for three minutes on fresh filter paper. The sample is then to be transferred to the rectangular sieve and rubbed through it by hand.

(e) 5 grammes of the sieved sample are to be weighed out in the scoop and spread evenly on an aluminium tray.

(f) The above is to have been brought to, and is to be maintained at a temperature of 48.9 C (120 F). The tray is to be placed in the oven and kept there for 15 minutes, with the door closed.

(g) The tray is to be removed from the oven and the sample transferred to the top sieve of the set of sieves. The lid is to be replaced, and the sample sieved for two minutes. For this operation the second sieve is not to be used.

(h) The portion of the sample, which passes through, the top sieve is to be again spread evenly on an aluminium tray and exposed to the air of the room for four hours.

(i) 1.3 grammes of the exposed sample are to be weighed out in the scoop and transferred by means of the aluminium funnel to a heat test tube. Two such test quantities are to be so weighed out. The material in each is to be gently pressed down with the flat-headed glass rod to a height of three centimetres. The sample is then ready to be heat tested.

(j) The wire sieve and the set of sieves are to be cleaned with the cleaning brush before and after each sample has been sieved.

(3) Nitro-cellulose Propellant

(i) Explosives in the form of sticks or tubes:

(a) The operator is to wash his hands carefully, thoroughly rinse them in distilled water, and dry them with a clean towel.

(b) The sticks or tubes to be tested are to be wiped with clean filter paper.

(c) The sample is to be reduced to a condition suitable for grinding in the cordite mill by being cut into small pieces about 3.175 millimetres long by means of the cordite knife 12.7 millimetres being rejected from each end of the sticks or tubes to be tested.

(d) The set of sieves with the lid removed, is to be paced under the mill so as to allow the ground material to fall directly on to the top sieve.

(e) The cut sample is to be transferred from the cordite tray to the mill and ground. The first portion passing through the mill is to be rejected. A sufficient quantity of the sample is to be taken to ensure that enough material is obtained on the second sieve without grinding the whole quantity introduced into the mill.

(f) The lid is to be replaced on the set of sieves and the sample is to be sieved for one minute. The material which remains on the second sieve is to be taken for heat test, except in the case of powder in sticks or tubes, the nominal diameter of which is less than 0.762 millimetres in this case, the material in the bottom compartment is to be taken for heat test.

(g) 1.6 grammes of the ground and sieved sample are to be weighed out in the scoop, transferred by means of the aluminium funnel to a heat test tube, and collected at the bottom by gently tapping the side of the tube with the fingers. Three such test quantities are to be so weighted out. The sample is then ready to be heat tested.

(h) The set of sieves and the cordite mill are to be cleaned with cleaning brush before and after the preparation of each sample.

(i) The explosives in the form of grants for small arms

(a) A quantity of the sample sufficient for the tests required is to be spread evenly on an aluminium tray.

(b) The oven is to have been brought to, and is to be maintained at a temperature of 48.9 C (120 F). The tray is to be placed in the oven and kept there for 15 minutes, with the door closed.

(c) The tray is to be removed from the oven and exposed to the air of the room for 4 hours.

(d) 1.3 grammes of the exposed sample are to be weighed out in the scoop and transferred, by means of the aluminium funnel to a heat test tube. Three such test quantities are to be so weighed out. The sample is then ready to be heat tested.

(a) The water bath is to be fitted up and is to be levelled and filled with water up to the outflow. It is to be placed on a table of convenient height in such a position that the heat test tint can readily be observed by reflected light. No part of the apparatus to be exposed to direct sunlight.

(b) The thermometer fixed in the rubber stopper, is to be inserted in the wire cage provided for the purpose on the under side of the water bath of 7.6 centimetres. The water is heated to the required temperature, and maintained at a constant temperature and depth. The temperatures for the various explosives are given in Table-I.

(c) The glass rod with platinum wire hook is to be inserted in the rubber stopper. A test paper is then to be removed from the brown glass bottle by means of the forceps placed on the glass plate so that its edges coincide with the lines on the plate, and pierced by passing the needle through the paper and the hole in the plate. The test paper is then to be held by means of the forceps, and a mixture of equal volumes of distilled water and glycerine is to be applied to the upper edge of the test paper by means of the glass rod of the dropping bottle in sufficient quantity to moisten the upper half of the test paper by the time the test is complete. The platinum wire hook of the glass rod is then to be passed through the hole in the paper. At no time is the operator to touch the paper with his finger.

(d) The rubber stopper carrying the glass rod and test paper is at once to be firmly pressed into the test tube containing the explosives to be tested until the bottom of the stopper coincides with the top line etched on the test tube and the position of the glass rod is to be adjusted, so that the lower edge of the wet portion of the test paper, which edge is to be approximately horizontal, coincides with the middle etched line on the test tube. The test tube is then to be inserted in one of the wire cages of the lid of the water bath, so that the bottom line etched on the test tube coincides with the upper surface of the lid. The rubber ring is to pressed down on the bath and the cap placed in position over the tube.

The quantities of the various explosives to be placed in the test tube are given in Table-I.

The test paper is not to be inspected by lifting the cap until shortly before the time explosive ought to stand the test as given in Table-I.

(e) The test is completed when the faint brown line, which after time makes its appearance at the margin between the wet and the dry positions of the test paper, equals in depth of tint the brown line on the standard tint paper.

For any given explosives to pass the test, the time elapsing between the introduction of the tube into the bath and the production of the tint equal to the standard must not be less than the time given in table below:

After the test is finished, the explosive is to be carefully removed from the tubes, and the tubes thoroughly washed out with tap water by means of the test tube brush. They are then to be rinsed out and allowed to drain for a few minutes. The washing is repeated with distilled water, the tubes rinsed, allowed to drain, and finally dried in a bath at 100 C. The tubes are to be allowed to cool to the ordinary temperature before being used again.

A cylinder of blasting gelatine is to be cut from the cartridge to be tested, the length of the cylinder to be about equal to its diameter and the ends being cut flat.

The cylinder is to be placed on end on a flat surface without any wrapper and secured by a pin passing vertically through its centre.

In this condition the cylinder is to be exposed for one hundred and forty-four (144) consecutive hours (six days and nights) to a temperature ranging from 29.40 C to 32.2 C and during such exposure the cylinder shall not diminish in height by more than one-fourth of its original height, and the upper cut surface shall retain its flatness and the sharpness of its edge.

Note: If the blasting gelatine and gelatine dynamite to be tested cannot be made up in cylindrical form, the test is to be applied with necessary modifications.

There shall be no separation from the general mass of the blasting gelatine or gelatine dynamite of any nitro glycerine or liquid nitro-compound under any conditions of storage, transport or use or when the material is subjected to the liquefaction test hereinbefore described or when subjected three times in succession to alternate freezing and thawing i.e. storage at -3 to -6 C for 16 hours (freezing) followed by 8 hours at room temperature (thawing). The cycle is repeated three times (3 days) and the explosives are examined for any abnormality in respect of gel segregation or oozing out of nitro glycerine

(1) The material shall contain not more than 0.3 part of mineral or non-combustible matter in 100 parts by weight of the material dried at 71 C (160 F ).

(2) It should not contain more than a minute trace of lead.

(3) One hundred parts of the dry material shall not contain more than 0.3 part of total (free and combined) sulphuric acid, of which not more than 0.1 part shall be free sulphuric acid.

(4) Its melting point should be between 120 C and 122.8 C.

The material must not be too sensitive and must show no tendency to increase in sensitiveness on keeping.

The material must contain nothing liable to reduce the chlorate.

Chlorites calculated, as potassium chloride must not exceed 0.25 per cent.

The material must contain no free acid, or substance liable to produce free acid.

Explosives of this class containing nitro-compounds will be subject to the heat test as they belonged to Class 3.

Note. These explosives will be considered too sensitive if they can be exploded however, partially by means of a glancing blow with a broom stick on soft wood such as deal.

(A) Heat Test

If the sample is received dry, it is to be transferred to a clean sheet of paper and mixed thoroughly in an atmosphere free from dust. Sample of moist PETN is to be dried prior to being heat tested by taking the same in a tared flat-bottomed dish and expose the dish and its contents in an oven at a temperature not exceeding 60 C until constant in weight.

1.3 grammes of the dry sample is carefully transferred to a heat test tube by means of the aluminium funnel. After removal of the funnel the sample is to be collected at the bottom of the tube by tapping with the fingers. It is then to be heat tested at a temperature of 76.6 C and the time explosive should stand the test, should not be less than 10 minutes.

(B) Other tests and requirements

(1) The PETN should be in the form of white crystals.

(2) It should be free from gritty particles, visible impurities and foreign matter.

(3) Melting point-The melting point of the PETN should be between 139 C and 142 C.

(4) Insoluble matter-The total insoluble matter in acetone should not be more than 0.05 per cent.

(5) Volatile matter-Volatile matter should not be more than 0.15 per cent.

(6) Acidity-The acidity, calculated as HNO2 should not exceed 0.01 %.

(7) Alkalinity-The alkalinity, calculated as Na2Co3 should not be more than 0.01%.

(8) Nitrogen content-The nitrogen content should be not less than 17.40 per cent and not more than 27.80 per cent.

0.48 grammes of the finest yellow ochre, 0.2 gramme of raw umber and 5 grammes of fine white gum arabic, all of which have been very finely ground in an agate mortar are weighed into a stoppered bottle of about 150 cubic centimetre capacity and 100 cubic centimetre of water added. The whole is shaken in the cold until the gum is dissolved. The suspension is then well shaken and allowed to stand for one hour.

A stylographic pen is then filled from the centre of the suspension and with the aid of a ruler, lines are drawn at a steady pace across one side, of a sheet of filter paper to Specification D. The sheet is then cut up into rectangular strips 1 centimetre broad by 2 centimetres long, each with a line across the middle perpendicular to the length of the strip. The breadth of the line must be not less than 0.5 millimetres not more than 1 millimetre.

In order to maintain continuity as regards depth of tint strips in which the tint does not correspond with that of the sealed pattern are to be rejected.

Potassium Iodide:

The purest potassium iodide obtainable commercially is to be purified by triple re-crystallisation from pure ethyl alcohol, diluted by the addition of one-twentieth of its volume of distilled water. The crystals are to be kept as small as possible, and are to be spread out on clean filter paper, resting on a glass plate, and allowed to dry in the dark. When dry, they are to be placed in a thin layer on the bottom of a platinum crucible and heated to a dull red heat for one minute over a spirit lamp burning pure alcohol. When cold the crystals are to be transferred to a brown glass stoppered bottle from which the quantities required are to be weighed out.

The potassium iodide used for each batch of filter paper is to be prepared as above immediately before use.

Starch:

The starch used is to be best maize starch in the form of cornflower. It is to be purified immediately before use by washing six times by decantation with freshly distilled water. It is then to be placed on a porous plate of unglazed porcelain, allowed to dry in a warm atmosphere in the dark, and stopped in a brown bottle from which the quantities required are to be weighted out.

Preparation of the Dipping Solution:

220 cubic centimetres of freshly distilled water are to be placed in a Jena glass flask and raised to boiling point over a spirit lamp burning pure spirit. 3 grams of the starch, prepared as above, are to be suspended in 30 cubic centimetres of distilled water and the mixture poured into the 220 cubic centimetres of boiling water, with continuous shaking. The whole is to be kept boiling gently, and shaken occasionally for 5 minutes. The solution of starch so prepared is to be added to a solution of 1 gramme of the purified potassium iodide in 250 cubic centimetres of freshly distilled water, and the solution well mixed. The mixture is to stand overnight in a dark room. The following day, the clear supernatant liquid is to be carefully siphoned off and used immediately for dipping the paper.

If it is desired to dip a large batch of paper, the foregoing quantities may be multiplied in order to obtain sufficient solution.

Dipping the papers:

The clear potassium iodide and starch solution is to be poured into a porcelain tray, which is to be kept exclusively for this operation. Sheets of filter paper to Specification D are to be passed through it singly, so that all except 3 centimetres at the end of the strip of paper passes beneath the surface of the liquid.

The strip of paper is to be held above the tray by the dry portion and a glass rod passed down each side to remove the excess of solution. It is then to be suspended by the undippened (sic undipped) portion in a warm dark room, cupboard, or oven until dry.

It is advisable to nip a small piece, out of the edge of each sheet at the boundary line between the wet and dry portions as a guide in subsequent cutting.

Cutting and Trimming the Test Paper:

In cutting and trimming heat test paper the operator is to wear clean cotton gloves.

When the sheets are dry they are to be trimmed by cutting off the unclipped end about 0.5 centimetre below the edge of the undipped portion, 0.5 centimetre strips are also cut from the other three edges. The sheets are then to be stored in amber coloured glass jars, kept in the dark.

When a batch of paper has been passed for issue, the sheets are to be cut up into rectangular pieces 1 centimetre by 2 centimetres, and are to be issued in this form.

All the above operations are to be carried out in a building specially reserved for this work. This building is to be protected from the direct access of the sun's rays, and is, as far as possible, to be kept dark.

Apparatus and Materials required:

Application of the Test:

The solution is to be brought to 15 C before use. 2 grammes of ferrous ammonium sulphate are weighed out and placed in the glass jar, 90 cubic centimetres of the normal sulphuric acid added and solution effected by stirring with the glass rod. The jar is then placed in a bath of water at 15 C, and must be kept at the temperature of the air should be 15 C to 17 C. 10 cubic centimetres of the sodium nitrite solution are then added by means of the pipette and well stirred in. An aluminium annulus is placed centrally over the mouth of the jar and the orifice covered by the graphite slab; over this is placed a second annulus. Good contact between surfaces is to be ensured by exerting a slight pressure and twisting motion.

The glass cylinder with rubber stopper and light tight cap are then placed on the second annulus, and the assembled apparatus is allowed to stand for 20 minutes. After the expiration of the 20 minutes, the light tight cap and the glass cylinder are removed, the rubber stopper taken out of the cylinder waved several times through the air. As soon as possible, four of the heat test papers to be tested are moistened with glycerine solution, placed on the platinum hooks of the stopper, the stopper inserted in the cylinder, and the cylinder and light tight cap again placed in position of the second annulus, and the time noted.

When the papers read by reflected light reach the standard, tint, the time is again noted; the difference gives the time of test. Standard tint papers to be read by reflected light are used for comparison.

The cylinder is then removed uncorked, waved several times through the air, and a fresh set of papers is at once put on for test. After four sets of tests have been made the graphite slab must be heated to 200 C for 1 hour allowed to cool in an evacuated desiccators over potash for at least 16 hours before being used again.

A batch of papers is to be tested by carrying out four consecutive tests of four papers on each of two days.

(See Rule 99)

(See Rules 100 and 113)

129[Fee shall be as sitpulated vide Department of Industrial Policy and Promotion's latest User Fee Notice (Explosives)]

(See Rule 113)

Purpose (Please tick): Approval Grant Amendment Transfer

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's detail:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No./Khasra No. Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant and technical personnel employed by him.

(Give individual's details and attach separate sheet if required)

5. Details of Industrial licence with approved annual capacity of various products (attach copy):

6. Details of explosives to be manufactured:

7. (a) Details of BMD Vehicles approved (in case of SME plant)

8. Details of amendment proposed or additional information

9. (a) Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last 10 years.

(b) Was any licence cancelled or not renewed? YesNO

If yes, give details

10. (a) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? YesNO

(b) If yes, give details

11. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant Amendment Transfer

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's details:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No./Khasra No. Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant and technical personnel employed by him.

(Give individual's details and attach separate sheet if required)

5. (a) Quantity of Gunpowder proposed to be possessed any one time:

(b) Quantity of Adirverttus proposed to be manufactured and possessed at any one time:

6. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant Amendment Transfer

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's detail:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No./Khasra No. Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant and technical personnel employed by him.

(Give individual's details and attach separate sheet if required)

5. Quantity of explosives proposed to be possessed and sold:

6. (a) Fireworks proposed to be possessed and transferred (in case of possession of fireworks in a store house):

(b) Particulars such as licence no and its validity of licenced Fireworks shops owned by the applicant to which Fireworks proposed to be transferred:

(i)

(ii)

(iii)

7. Quantity of explosives to be possessed and used:

8. Are the premises attached to the explosives manufacturing factory licenced to manufacture explosives: Yes No

9. Details of the site where explosives to be used (if require please attached separate sheet):

10. Whether the site(s) is coming under Mines Act, 1952:

11. Proposed blasting schedule (please tick): (1) Sunrise to sunset (2) Round the clock

If yes, (a) Details of DGMS approved blaster; Name of blaster employed:

(b) Certificate no and its validity (copy to be attached):

if not, (a) Particulars of proposed activity

(Documentary evidence such as work orders/quarry lease to be attached)

(b) Name of shot firer

(c) Certificate no and its validity

12. Distance of the site from magazine where explosives to be used:

13. Mode of transport: By road van Other means (please specify)

14. Licence particulars of road van:

15.(a) Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last 10 years.

(b) Was any licence cancelled or not renewed? Yes No

If yes give details

16. (a) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? Yes No

(b) If yes, give details

17. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant Amendment Transfer

1. Applicant's details:

(a) Name in which licence is required to be granted (see note below)

(b) Status (Please tick): Individual Proprietorship Partnership firm Society Company

(c) Age (in case of individual) Adhaar No.

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

2. Qualification and Experience of applicant:

(a) Qualification of applicant

(b) Number of years of experience in handling and blasting of explosives

(c) Licence no shot firer employed

3. (a) Address of premises where compressor mounted motor truck or tractor is to be normally parked when not in use

(b) Particulars of the area where the compressor mounted motor truck or tractor is to be used for well sinking purpose

4. Explosives to be possessed and transported

5. Description of compressor mounted motor truck or tractor:

(a) Make & Model

(b) Registration No.

(c) Engine No.

(d) Chassis No.

(e) Name of registered owner of the vehicle:

(f) Details of explosives boxes: Name of fabricator Approval No.

6. (a) Has the applicant held other licences under Explosives Act, 1884 in the last 10 years? (Y/N)

(b) Has any licence held by applicant been cancelled or not renewed in the last 10 years? (Y/N)

(c) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years. Yes No

If answer is yes to any of the question above, give details

7. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant Amendment Transfer

1. Type of applicant: Individual CompanyPartnership FirmSociety Proprietary Firm

2. Applicant's details:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No/Khasra No Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant:

5. Quantity of explosives proposed to be possessed:

6. If the explosives are to be used, furnish the particulars related to the purpose of use

7. (a) Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last 10 years.

(b) Was any licence cancelled or not renewed? Yes No

If yes give details:

16. (a) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? Yes No

(b) If yes, give details

17. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's details:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No/Khasra No Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant and technical personnel employed by him:

(Give individual's details and attach separate sheet if required)

5. Name, qualification and experience of the person supervising the display:

6. Description and quantity of Fireworks to be used:

7. Particulars of the supplier of the fireworks:

(a) Name

(b) Address

(c) Particulars of licence

8. Location of the place where the Fireworks to be stored prior to display:

9. (a) Description and quantity of Fireworks to be displayed

(b) Date and time of display

(c) Location of the place where display will be held:

10. (a) Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last 10 years.

(b) Was any licence cancelled or not renewed? Yes No

If yes give details:

11. (a) Has the applicant been convicted under any offence or ordered to execute bond under Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? Yes No

(b) If yes, give details

12. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Approval Grant Amendment Transfer

1. Applicant's details:

(a) Name in which licence is required to be granted (see note below)

(b) Status (Please tick) Individual Company Partnership Firm Society Proprietorship Firm

(c) Age (in case of individual) Adhaar No.

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

2. Address of premises where explosives van is to be normally stationed:

3. Kind and quantity of explosives to be carried:

4. Description of road van/Freight container:

(a) Make & Model

(b) Registration No

(c) Engine No

(d) Chassis No.

(e) Trailer chassis no & make (if applicable)

(f) Container identification No.

(g) Details and description of freight container

(h) Name of registered owner of the vehicle

(i) Gross vehicle weight (in kg) (j) Unladen weight (in kg)

(k) Carrying capacity permitted by Regional Transport Authority (in kg)

5. Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last 10 years:

6. Was any licence cancelled or not renewed? Yes No

If yes give details:

7. Has the applicant been convicted under any offence or ordered to execute bond under Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years. Yes No

If answer is yes to any of the question above, give details:

8. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's details:

(a) Name in which licence is sought

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Details of import and export of explosives:

4. (a) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? Yes No

(b) If yes, give details

5. (a) Have you held any licence under Explosives Act, 1884 during the last 10 years? Yes No

(b) If yes, was any licence cancelled or not renewed? Yes No

(c) If, yes, give details

6. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Grant Amendment

1. Type of applicant: Individual Company Partnership Firm Society Proprietary Firm

2. Applicant's details:

(a) Name in which licence is sought (see note below)

(b) AADHAR No./CIN No./Firm registration No.

(c) Age in case of individual

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Address of the proposed premises:

Survey/Gat No/Khasra No Town/Village

Mandal/Taluk/Tehsil Railway Station

Police Station District

State PIN Code

4. Qualification and experience of applicant and technical personnel employed by him.

(Give individual's details and attach separate sheet if required)

5. Details of explosives proposed to be manufactured:

6. (a) Particulars of the other licences under Explosives Act, 1884, if any held by the applicant during the last10 years.

(b) Was any licence cancelled or not renewed? Yes No

If yes give details:

7. (a) Has the applicant been convicted under any offence or ordered to execute bond under

Chapter VIII of Code of Criminal Procedure, 1973, during the last 10 years? Yes No

(b) If yes, give details

8. List of documents attached:

I hereby certify that the above particulars given by me are correct.

Notes: Please see the rules for the purpose and documents to be attached.

(1) In case where application is made by a person other than individual, the name and address of the occupier as per Rule 2 and Directors or partners or members, as the case may be and specimen signatures of authorised person to be attached.

(2) Six copies of the passport size signed colour photographs of the occupier to be attached.

(3) Any change in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Grant Amendment

1. Applicant's details:

(a) Name

(b) Father's name

(c) Age (attach documentary evidence)

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Residential address (attach address proof):

House No/Plot No Town/Village

Mandal/Taluk/Tehsil Police Station

District State PIN Code

4. Qualification and experience (attach documentary evidence):

5. Whether the candidate is employed; if yes, name and address of the employer:

6. Licence details of magazine licence holder with whom shot firer to be attached:

7. Field of specilisation:

8. Particulars of No Objection Certificate:

(a) Certificate issued by (b) Certificate No & date:

9. Particulars of category and type for which certificate is required (see note below):

10. List of documents attached:

I certify that

(i) The above particulars are true and correct.

(ii) I am aware that permit to conduct blasting operations required to be obtained by me from the local authority before conducting blasting.

(iii) I am aware that if explosives are illegally transferred by me to any unauthorised person (s), it may lead to terrorist activity for which I shall commit a punishable offence.

(iv) Announcement before blasting and after sunrise and before sunset.

(v) I am aware that I am not authorized to purchase and store explosives.

Notes: (1) Please enclose self certified copies of certificates showing date of birth, educational qualification, experience and medical fitness certificate.

(2) Category and type of blasting as per Rule 107:

Statutory Warning: Mishandling and misuse of explosives shall constitute serious criminal offence under the law.

Purpose (Please tick): Grant Amendment

1. Applicant's details:

(a) Name

(b) Father's name:

(c) Age (attach documentary evidence)

(d) Postal address City District State PIN Code Phone No. with STD code Mobile No. E-mail

3. Residential address (attach address proof):

House/Plot No: Town/Village

Mandal/Taluk/Tehsil. Police Station

District State PIN Code

4. Qualification and experience (attach documentary evidence):

5. Field of specialization:

6. (a) Name and address of the factory where the applicant has acquired experience:

(b) Particulars of the process or operation in which the applicant has gained experience:

7. (a) Name and address of the factory where the applicant is working at present:

(b) Capacity in which the applicant is working at present:

8. Any other information:

9. List of documents attached:

I certify that the above particulars are true and correct.

Notes: Please enclose the following documents with the application

(i) Four copies of signed passport size colour photograph.

(ii) Experience certificate

(iii) Certificate of age proof

(iv) Medical certificate stating that the applicant is not handicapped and having good health

(See Rule 113 of the Explosives Rules, 2008)

To,

(Designation and address of the no objection certificate issuing authority)

Subject: Application for grant of no objection certificate under the Explosives Rules, 2008

I, on behalf of . apply for no objection certificate under the Explosives Rules, 2008 required for grant of licence for the following purpose.

132[Part 2

(See Rules 102 and 103 of the Explosives Rules, 2008)

Subject: No Objection Certificate under the Explosives Rules, 2008

With reference to the application in Form AE-12 of Explosives Rules, 2008 dated submitted by Shri/M/s and in pursuance of Rules 102 and 103 of the Explosives Rules, 2008, there is no objection for granting the licence under the Explosives Rules, 2008 to Shri/M/s of address for the following purpose, kind and quantities of explosives in the premises situated at Survey No/Gat No/Khasra No. , village taluka/tehsil District State as shown in the site plan duly endorsed and enclosed herewith.

1. Purpose (Note: write only one purpose corresponding to one Article No. as stated in table of purposes and authority in Part 1 of Schedule IV annexed to the Explosives Rules, 2008):

2. Kind and quantities of explosives:

3. The following particulars have been verified/considered while issuing this On Objection Certificate;

(a) The antecedents of the applicant (in case of individual or proprietary firm/partner or office (in case of partnership firm/company) or Directors (in case of company) or office bearers in case of society or association and also occupier of the premises.

(b) The lawful possession of the site by the applicant.

(c) Interest of public.

(d) Requirement of explosives for use in mines or quarries (possessed by the applicant) or in the area proposed by the licensee have been considered.

(e) Genuineness of purpose.

Signature of the no objection certificate issuing authority with his office seal (District Magistrate or Director General of Mines Safety)

Note: (1) Genuineness of the purpose means relating to manufacture whether there is need for manufacture of the explosives for lawful constructive use in the area or state or country or for export purpose.

(2) Verification of antecedents and Lawful possession of the site by applicant as stated in serial nos. (a) and (b) are not applicable in case of No Objection Certificate granted by Director General of Mines Safety.]

[See Article 1(a) to (g) of Part I of Schedule IV of the Explosives Rules, 2008]

Licence to manufacture:

(See Article 2 of Part 1 of Schedule IV of the Explosives Rules, 2008)

(1) The maximum quantity of gunpowder, which may be kept at any one time on the licensed premises, shall not exceed 15 kilogrammes.

(2) The gunpowder or adirvettus shall be kept in a storage shed constructed of non-flammable materials in a fireproof box as may be approved by the licensing authority, separated from any other building used for storage of explosives or another licensed premises under this rule or storage of flammable substances or other hazardous material by fire proof wall.

(3) The total number of tubes for making adirvettus shall be recorded in the licence as licensed tubes.

(4) The tubes which are pitted or badly rusted, or visibly defective shall not be used.

(5) Internal diameter of the tubes shall not be less than 40 millimetre and thickness of walls not less than 10 millimetre.

(6) Not more than 50 grammes of gunpowder shall be used in each tube and no tube shall be filled to more than 1/4 its total length.

(7) Tamping of gunpowder in the tubes shall not be done with iron rods. Only wooden implements shall be used.

(8) The tubes shall be securely mounted and fixed to a log of wood or other suitable base.

(9) No person under 18 years of age and no person who is in a state of intoxication or of unsound mind or physically handicapped shall be employed in manufacture of adirvettus.

(10) The tubes shall be produced for inspection before the licensing authority or other authority specified by the licensing authority at the time of grant of licence and thereafter at such intervals as the licensing authority may direct.

(11) The interior of the storage shed or the box as a case may be and all fittings therein shall be so constructed, covered, or lined, as to prevent the exposure of any iron or steel, or of any hard or gritty surface or the entry, detaching or accumulating of any grit, iron, steel or similar substance.

(12) Adequate provision shall be made for the ventilation and the interior of the storage shed or box shall be kept scrupulously cleaned.

(13) The doors of the storage shed or the box shall open outwards, and shall be kept clearly closed or locked except when required to be opened for receipt or issue of explosives or for other necessary purposes.

(14) All articles or substances of explosive or highly inflammable nature shall be kept at a safe distance from the explosives and from any room or part of a building or fire proof box containing the explosive, and no person entering such room or part of building or opening such safe shall have any iron or steel in his possession or attached to or on his boots or shoes.

(15) No tools, implements, balance, weights, etc. made of iron or steel shall be kept at any time on the premises.

(16) The licensee shall maintain records of purchase of gunpowder with supplier's name, address and his licence particulars; and also of daily stock and account of use of gunpowder, adirvettus manufactured and fired and produce the same to the inspecting authority.

(17) Gunpowder purchased on the strength of this licence shall not be sold or transferred to any other person.

(18) Experienced person shall be engaged for manufacture and firing adirvettus.

(19) The licensee may manufacture adirvettus by filling in manufacturing shed.