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EXPLOSIVES (AMENDMENT) RULES, 2019

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Preamble - EXPLOSIVES (AMENDMENT) RULES, 2019

EXPLOSIVES (AMENDMENT) RULES, 2019

PREAMBLE

Whereas the draft rules were published to amend the Explosives Rules, 2008, as required by sub-section (1) of section 18 of Explosives Act, 1884 (4 of 1884) vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 1440(E), dated the 20th day of November, 2017 in the Gazette of India, Part II, Section 3, Sub-Section (i) inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of a period of forty-five days from the date on which the copies of the Gazette containing the said notification were made available to the public;

And, whereas, copies of the said Gazette were made available to the public on 20th day of November, 2017;

And, whereas, objections and suggestions were received from the public on the said draft rules, have been duly considered by the Central Government;

Now, therefore, in exercise of powers conferred by sections 5 and 7 of the Explosives act, 1884 (4 of 1884), the Central Government hereby makes the following rules further to amend the Explosives Rules, 2008, namely:-

Rule 1 - RULE 1

(1) These rules may be called the Explosives (Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

Rule 2 - RULE 2

In the Explosives Rules, 2008 (hereinafter referred to as the principal rules), in rule 2,-

(a) in clause (4), the words "or site mixed explosive (SME)", shall be omitted;

(b) in clause (24), for the words "rockets, shells, percussion caps", the words "such as quick match and micro cord" shall be substituted;

'(24A) "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;';

(d) after clause (25), the following clause shall be inserted, namely:-

'(25A) "Fireworks Research and Development Centre" means the Fireworks Research and Development Centre of the Petroleum and Explosives Safety Organisation;';

(e) in clause (37),-

(i) after sub-clause (d), the following sub-clause shall be inserted, namely:-

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

(ii) in the long line, the words "deemed to be" shall be omitted;

(f) in clause (39), for the word "Celcius", the word "celsius" shall be substituted;

(g) in clause (55) the words "or safety fuse not exceeding 50000 meters" shall be omitted.

Rule 3 - RULE 3

In the principal rules, in rule 3, in sub-rule (2), in clause (b) for the word "cuting", the word "acting" shall be substituted.

Rule 4 - RULE 4

In the principal rules, in rule 4, for sub-rule (1), the following sub-rule shall be substituted;

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

Rule 5 - RULE 5

In the principal rules, in rule 6,-

(a) in sub-rule (1),-

(i) for the words "by the Central Government in the Official Gazette", the words "in the official website of the Petroleum and Explosives Safety Organisation:" shall be substituted;

(ii) in the proviso, after the words "apply to the", the words "manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence or" shall be inserted;

(b) in sub-rules (4), after the words "Departmental Testing Station", the words "or Fireworks Research and Development Centre" shall be inserted;

(c) in sub-rule (12), after the words "Departmental Testing Station", the words "or Fireworks Research and Development Centre" shall be inserted;

(d) in sub-rule (13), for the word and figure "rule 3", the words and figures, "sub-rule (3)" shall be substituted;

(e) in sub-rule (15), in clause (i), sub-clause (d) shall be omitted;

(f) in sub-rule (17),-

(i) in clause (vii), for the words "Central Mining Research Institute", the words "Central Institute of Mining and Fuel Research" shall be substituted;

(ii) after clause (viii), the following clause shall be inserted, namely:-

"(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.".

Rule 6 - RULE 6

In the principal rules, in rule 10,-

(a) in sub-rule (1), after clause (b), the following clause shall be inserted, namely:-

"(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.";

(b) in sub-rule (2), in clause (c), in sub-clause (v), for the letters and figures "AE-7", the letters and figures "AE-8" shall be substituted;

(i) after the words "sunset and sunrise", the words "unless otherwise specifically permitted by the licensing authority." shall be inserted;

(ii) proviso shall be omitted;

(d) after sub-rule (6), the following sub-rule shall be inserted, namely:-

'(6A) "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.';

(e) in sub-rule (7),-

(i) in clause (c), for the words "is of mentally", the words "is mentally" shall be substituted;

(ii) in the long line, for the words "sale, loading", the words "sale, use, loading," shall be inserted;

(f) after sub-rule (8), the following proviso shall be inserted, namely:-

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

Rule 7 - RULE 7

In the principal rules, in rule 11, after sub-rule (4), the following sub-rule shall be inserted, namely:-

"(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.".

Rule 8 - RULE 8

In the principal rules, in rule 12, in sub-rule (1), after the word "specification", the letters, figures and words "IS: 2309 as amended from time to time" shall be inserted.

Rule 9 - RULE 9

In the principal rules, in rule 14, in sub-rule (1), in clause (d), for the word "Authority", the word "Association" shall be substituted.

Rule 10 - RULE 10

In the principal rules, in rule 15, in sub-rule (1), in clause (i),-

(a) for sub-clause (f), the following sub-clause shall be substituted, namely:-

"(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;";

(b) after sub-clause (l), the following sub-clause shall be inserted, namely:-

"(m) a description that not to store explosives below minus 10 degree celsius and above 60 degree celsius.";

"Provided that in case of fireworks or safety fuse, sub-clause (a) and (l) 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.'.

(d) in sub-rule (2), after the sub-clause (f), the following sub-clause shall be inserted, namely;-

"(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.";

(e) for sub-rule (3) the following sub-rule shall be substituted, namely:-

"(3) Markings 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;

(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.";

(f) in sub-rule (4), after the words "manufacturer's name,", the words" flammable, explodes, emits shower of sparks or shoots flaming balls," shall be inserted;

(g) after sub-rule (4), the following sub-rule shall be inserted, namely:-

"4(A). The batch number and date of manufacturing of fireworks shall be printed on each package of fireworks.".

Rule 11 - RULE 11

In the principal rules, in rule 20, in sub-rule (1), after the words "licensed factory", the words "including fireworks manufacturing factory" shall be inserted;

Rule 12 - RULE 12

In the principal rules, in rule 21, in sub rule (3), the following proviso shall be inserted, namely:-

"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.".

Rule 13 - RULE 13

In the principal rules, in rule 22, in sub-rule (2), after the words "equipment shall be", the words, letters and figures "conforming to IEC, IS/IEC 60079 or IS/IEC 61241 and IS/IEC 60529 codes or" shall be inserted;

Rule 14 - RULE 14

In the principal rules, in rule 24,-

(a) after sub-rule (1) the following sub-rule shall be inserted, namely:-

"(1A) 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.";

(b) for sub-rule (3) the following sub-rule shall be substituted, namely:-

"(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.";

(d) after sub-rule (4), the following sub-rules shall be inserted, namely:-

"(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.".

Rule 15 - RULE 15

In the principal rules, in rule 26,-

(a) in sub-rule (2), in clause (g), after the words "blasting accessories", the words "or fireworks" shall be inserted;

(b) in sub-rule (3), in clause (e), after the words "testing of", the words "on-site" shall be inserted;

"(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.".

Rule 16 - RULE 16

In the principal rules, in rule 28, in the proviso, after the words "temporarily permit", the words "for a period not exceeding six months," shall be inserted;

Rule 17 - RULE 17

In the principal rules, in rule 29, for the word "resent", the word "present" shall be substituted.

Rule 18 - RULE 18

In the principal rules, for the rule 43, the following rule shall be substituted, namely:-

"43. Import or export by land.-

(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.".

Rule 19 - RULE 19

In the principal rules, in rule 45,-

(a) in sub-rule (3),-

(i) in clause (a) for the words "all such explosives intended to land at the port and are required under these rules to be tested, analysed or examined", the words "necessary explosives as he deems necessary to be tested, analysed or examined under these rules" shall be substituted;

(ii) for clause (b), following clause shall be substituted;

"(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.";

(b) in sub-rule (5),-

(i) in clause (a), for the words "a test certificate in CE-1", the words "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" shall be substituted;

(ii) in clause (b), the words "each of the certificate in CE-1" shall be omitted;

"(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.";

(d) in sub-rule (7), after clause (e), the following sub-clause shall be inserted, namely:-

"(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.".

Rule 20 - RULE 20

In the principal rules, in rule 46, in sub-rule (2),-

(a) in clause (a) for the word "Authority", the word "Association" shall be substituted;

(b) after the sub-rule (2), the following sub-rule shall be inserted, namely:-

"(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.".

Rule 21 - RULE 21

In the principal rules, in rule 48,-

(a) in sub-rules (1), after the words "testing officer", the words "or Controller of Explosives" shall be inserted;

(b) in sub-rules (2), after the words "testing officer", the words "or Controller of Explosives" shall be inserted.

Rule 22 - RULE 22

In the principal rules, in rule 51, in sub-rule (5), for the word "Authority", the word "Association" shall be substituted.

Rule 23 - RULE 23

In the principal rules, in rule 61,-

(a) in the marginal heading after the words "tractor", the words "or a freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle" shall be inserted;

(b) in sub-rule (1), after the words "any explosives in a road van", the words "or freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle" shall be inserted;

(c) in sub-rule (2), after the words "road van", the words "or freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle, as the case may be" shall be inserted;

(d) after the sub-rule (3), the following sub-rules shall be inserted, namely:-

"(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;

(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.".

Rule 24 - RULE 24

In the principal rules, in rule 67, after sub-rule (11), the following sub-rule shall be inserted, namely:-

"(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.".

Rule 25 - RULE 25

In the principal rules, in rule 72, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(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.

(1A) The markings on each package shall be as per rule 15.".

Rule 26 - RULE 26

In the principal rules, in rule 77, in sub-rule (2), after clause (e) the following clauses shall be inserted, namely:-

"(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 on line 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 on line pass for end-use of explosives in Form RE-13 under Part 5 of Schedule V annexed to these rules.".

Rule 27 - RULE 27

In the principal rules, in rule 81, the following proviso shall be inserted, namely:-

"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.".

Rule 28 - RULE 28

In the principal rules, in rule 82,-

(a) in sub-rule (1), the words "or safety fuse not exceeding fifty thousand meters" shall be omitted;

(b) in sub-rule (2), the words "or safety fuse" shall be omitted;

Rule 29 - RULE 29

In the principal rules, in rule 83,-

(a) in sub rule (1), for the words "gun powder, small arms nitro-compound and safety fuse", the words "gun powder and small arm nitro-compound" shall be substituted;

(b) in sub-rule (4), in clause (c), for the word "floor", the word "floors" shall be substituted;

Rule 30 - RULE 30

In the principal rules, in rule 84, after sub-rule (6), the following sub-rules shall be inserted, namely:-

"(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.".

Rule 31 - RULE 31

In the principal rules, in rule 86, in sub-rule (2), the words "or safety fuse" shall be omitted.

Rule 32 - RULE 32

In the principal rules, in rule 87,-

(a) the words "or safety fuse" shall be omitted;

(b) in the proviso, the words "or safety fuse" shall be omitted.

Rule 33 - RULE 33

In the principal rules, in rule 90, in sub-rule (4), after the words "same was taken", the words "and entries of kind and quantities of explosives returned shall be made in the online system made available by the licensing authority," shall be inserted.

Rule 34 - RULE 34

In the principal rules, in rule 101, after sub-rule (4), the following sub-rules shall be inserted, namely:-

"(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.".

Rule 35 - RULE 35

In the principal rules, in rule 107, in sub-rule (6), for the words "adequate knowledge and experience in related field of handling and blasting explosives", the words "five years experience in the field of manufacture of fireworks and or safety fuse and has passed class ten examination." shall be substituted.

Rule 36 - RULE 36

In the principal rules, in rule 108, in sub-rule (2),-

(a) in clause (c), the words "or a succession certificate from a competent court in case of death of licensee being an individual" shall be omitted;

(b) in clause (e), the words "regarding transfer of rights of the premises" shall be omitted;

Rule 37 - RULE 37

In the principal rules, in rule 112, in sub-rule (10),-

(a) for the word "three" at both the places where they occur, the word "six" shall be substituted;

(b) for the word "revalidation", the word "renewal" shall be substituted.

Rule 38 - RULE 38

In the principal rules, in rule 113, in the Table,-

(a) against serial no. 1, in column (6), after item (vii), the following item shall be inserted, namely:-

"(viii) Copies of documents in support of rightful possession of the premises.";

(b) against serial no. 2, in column (6), after item (ix), the following item shall be inserted, namely:-

"(x) Copies of documents in support of rightful possession of the premises.";

(d) against serial no. 4,-

(i) in column (6),-

(A) item (vii) shall be omitted;

(B) after item (viii), the following item shall be inserted, namely:-

"(ix) Copies of documents in support of rightful possession of the premises.";

(e) against serial no. 5,-

(i) in column (6), after item (viii), the following item shall be inserted, namely:-

"(ix) Copies of documents in support of rightful possession of the premises.";

(f) against serial no. 6,-

(i) in column (6), after item (viii), the following item shall be inserted, namely:-

"(ix) Copies of documents in support of rightful possession of the premises.";

(g) against serial no. 7,-

(i) in column (6), after item (x), the following item shall be inserted, namely:-

"(xi) Copies of documents in support of rightful possession of the premises.";

(h) against serial no. 9,-

(i) in column (2), for the figures and word "25 kilogrammes" the figures and word "50 kilogrammes" shall be substituted;

(ii) in column (6), after item (v), the following item shall be inserted, namely:-

"(vi) Copies of documents in support of rightful possession of the premises.";

(i) against serial no. 10, in column (6), after item (vi), the following item shall be inserted, namely:-

"(vii) Copies of documents in support of rightful possession of the premises.";

(j) against serial no. 11, in column (6), after item (vii), the following item shall be inserted, namely:-

"(viii) Copies of documents in support of rightful possession of the premises.";

(k) against serial no. 12,-

(i) in column (2), the words "or safety fuse not exceeding 50000 meters" shall be omitted;

(ii) in column (6), after item (vi), the following item shall be inserted, namely:-

"(vii) Copies of documents in support of rightful possession of the premises.";

(l) against serial no. 14, in column (6), after item (iv), the following item shall be inserted, namely:-

"(v) Copies of documents in support of rightful possession of the premises.";

(m) against serial no. 15,-

(i) in column (2), for the word "Chinese", the word "Chorsa" shall be substituted;

(ii) in column (6), after item (iv), the following item shall be inserted, namely:-

"(v) Copies of documents in support of rightful possession of the premises.";

(n) against serial No. 16, in column (6), after item (iv), the following item shall be inserted, namely:-

"(v) Copies of documents in support of rightful possession of the premises.";

(o) against serial no. 19,-

(i) in column (2), for the word "Chinese", the word "Chorsa" shall be substituted;

(ii) in column (6),-

(A) item (iv) shall be omitted;

(B) after item (v), the following item shall be inserted, namely:-

"(vi) Copies of documents in support of rightful possession of the premises.";

(p) against serial no. 21, in column (2), after the words "road van", the words "or freight container mounted on a fixed chassis motor truck or goose neck type semi trailer vehicle" shall be inserted;

(q) against serial no. 22, in column (2), the words "otherwise than by land" shall be omitted;

(r) against serial no. 23, in column (6), after item (vii), the following item shall be inserted, namely:-

"(viii) Copies of documents in support of rightful possession of the premises.".

Rule 39 - RULE 39

In the principal rules, in rule 115, in sub-rule (1), in clause (b), after the words "criminal offence", the words "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" shall be inserted.

Rule 40 - RULE 40

In the principal rules, in rule 118, in sub-rule (1), clause (I),-

(a) in sub-clause (b), after the words "criminal offences", the words "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" shall be inserted;

(b) after the sub-clause (b), the following sub-clause shall be inserted, namely;-

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

Rule 41 - RULE 41

In the principal rules, in rule 124, for the words "or an authenticated copy granted thereof, is lost or accidentally destroyed, a duplicate may be granted", the words " is lost or accidentally destroyed, a duplicate copy may be issued" shall be substituted.

Rule 42 - RULE 42

In the principal rules, in rule 131, in sub-rule (1), for the words "twenty four hours of the happening of the accident by telephone, telegram", the words "twelve hours of the happening of the accident by telephone " shall be substituted.

Rule 43 - RULE 43

In the principal rules, in Schedule I, in Part-1 relating to 'CLASSIFICATION OF EXPLOSIVES',-

(a) in Class 2-Nitrate Mixture Class, for the words "as per chlorate", the words "a perchlorate" shall be substituted;

(b) in Class 3-Nitro-Compound Class, in serial number (2), after the word "class", the word "has" shall be inserted;

(i) for serial number (5) and the entries relating thereto, the following serial number and entries shall be substituted,

"(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.]";

(ii) in serial number (6), the words, "high hazard" shall be omitted.

Rule 44 - RULE 44

In the principal rules, in Schedule II, in Part-1 relating to 'METHODS OF PACKING OF EXPLOSIVES FOR INLAND TRANSPORT',-

(a) after serial number (3), the following serial numbers shall be inserted, namely:-

"(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;";

(b) in the TABLE,-

(i) against serial No. 23, in column (4), for the existing entry, the following entry shall be substituted, namely:-

"25 Kilogrammes".

Rule 45 - RULE 45

In the principal rules, in Schedule IV, in Part-1 relating to 'LICENCES AND LICENSING AUTHORITIES',-

(a) against Article No. 3, in column (2),-

(i) in item (a), for the figure "25", the figure "50" shall be substituted;

(ii) in item (d), the words, "or safety fuse not exceeding 50000 meters" shall be omitted;

(b) against Article No. 5, in column (2),-

(i) in item (b), for the word "chinese", the word, "Chorsa" shall be substituted;

(ii) in item (f), for the word "chinese", the word, "Chorsa" shall be substituted;

(c) against Article No. 7, in column (2), after the words, "road van" the words, "or freight container mounted on a fixed chassis motor truck or goose neck type semi trailer vehicle shall be inserted;

(d) in Article No. 8, in column (2), the words "otherwise than by land" shall be omitted.

Rule 46 - RULE 46

In the principal rules, in SCHEDULE V,-

(a) in PART-1, in APPLICATION FORMS,-

(i) for "FORM AE-1 to FORM AE-11 ", the following FORMS shall be substituted, namely:-

"FORM AE-1

FORM AE-2

FORM AE-3

FORM AE-4

FORM AE-5

FORM AE-6

FORM AE-7

FORM AE-8

FORM AE-9

FORM AE-10

FORM AE-11

(ii) in FORM AE-12,-

(a) against serial number 2, in item no. (c) for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(iii) for PART-2, the following PART shall be substituted, namely:-

"PART 2

FORMAT OF NO OBJECTION CERTIFICATE

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

Subject: No Objection Certificate under the Explosives Rules, 2008

No:----------------------------------

Date---------------------

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:

S. No.	Name of explosives	Class & Division	Quantity
1
2
3

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.

(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.".

(iv) in PART 3,-

(A) in FORM LE-1,-

(a) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(b) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(B) in FORM LE-2,-

(a) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat" the words "Mobile number" shall be substituted;

(b) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(a) in item (a), for the words and figures "exceeding 25 kilogrammes", the words and figures "exceeding 50 kilogrammes" shall be substituted;

(b) in item (d), the words, "or safety fuse not exceeding 50000 meters", shall be omitted;

(c) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(d) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(e) in serial number 4, in item (b), after the words "under Article", the figure and letter, "3(a)," shall be inserted;

(D) in FORM LE-4,-

(a) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(b) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(E) in FORM LE-5,-

(a) in item (b), for the word "Chinese crackers", the word "Chorsa crackers" shall be substituted;

(b) in item (f), for the word "Chinese crackers", the word "Chorsa crackers" shall be substituted;

(c) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(d) after serial number 1 the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(F) in FORM LE-6,

(a) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

(b) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(G) in FORM LE-7,-

(a) in the heading, after the words "IN A ROAD VAN", the words "OR FREIGHT CONTAINER MOUNTED ON MOTOR TRUCK OR GOOSE NECK TYPE SEMI-TRAILER VEHICLE" shall be inserted;

(b) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words, "Mobile number" shall be substituted;

"1 (a) Name of the occupier----------";

(d) in the CONDITIONS,-

(i) in serial number (9), for the words "explosives van", the words "road van or freight container mounted on motor truck or goose neck type semi trailer vehicle" shall be substituted;

(ii) in serial number (13), for the "letters and figure "RE-5", the letters and figure "RE-6" shall be substituted;

(H) in FORM LE-8,-

(a) in the heading, the words "OTHERWISE THAN BY LAND" shall be omitted;

(b) in serial number 1, for the words starting with "Police Station" and ending with "Steamer Ghat", the words "Mobile number" shall be substituted;

"1 (a) Name of the occupier----------";

(d) in the CONDITIONS,-

(i) in serial number (1), after the word "imported", the words, "or exported" shall be inserted;

(ii) in serial number (2), after the word "imported", the words, "or exported" shall be inserted;

(iii) for serial number (3), the following serial number shall be substituted, namely:-

"(3) All explosives imported or exported under this licence shall be packed and marked in accordance with the provisions of rule 15 and Part 2, under Schedule II of Explosives Rules, 2008.";

(I) in FORM LE-9,-

(a) in serial number 1, for the words starting with "Police Station" and ending with "Steamer/Ghat", the words "Mobile number" shall be substituted;

(b) after serial number 1, the following serial number shall be inserted, namely:-

"1 (a) Name of the occupier----------";

(v) in PART 4, in 'CONDITIONS OF VARIOUS LICENCES',-

(a) in Set-I, in the opening paragraph, after the words "manufacture fireworks", the words "other than aerial fireworks" shall be inserted;

(b) in Set-II-

(i) in the opening paragraph, after the words "manufacture fireworks", the words "or gunpowder or both" shall be inserted;

(ii) in CONDITIONS, under the heading "General",-

(a) in condition (6), the words "safety fuse/micro cord" shall be omitted;

(b) in condition (9), the words "flame and/or" shall be omitted;

"(10A) Nothing contained in serial number (1) shall be applicable to ingredients used for manufacture of explosives";

(d) in condition (13), after the words "shall be conversant with", the words "on site emergency plan and" shall be inserted;

(e) in condition (18), for the word "storehouse", the word, "magazine" shall be substituted;

(f) after condition (24), and heading "Special conditions for fireworks" the following conditions shall be inserted, namely:-

"24(a) Concrete tables with smooth surface and raised borders shall be provided in mixing and filling rooms;

24(b) Copper plates shall be installed outside mixing, filling sheds for dissipation of static charge of the human body;

24(c) The workers employed in the fireworks factory shall wear cotton clothes;

24(d) Do's and Don'ts shall be prominently displayed in the local language as per the requirements of the particular process in each factory shed;

24(e) Fireworks factories registered under the Factories Act 1948 shall employ Safety Officer in accordance with the said Act and relevant Rules. However, the Fireworks factories not registered under the Factories Act, shall appoint one of the supervisors as nodal safety officer of the factory;

24(f) Smoothened pathways connecting all the manufacturing facilities shall be provided for the safe movement of trolley or low-level carts transporting finished or semi finished fireworks or ingredients.";

(g) after condition (25), the following condition shall be inserted, namely:-

"(25a) The Mixing/filling/pellet making/pellet loading/shell loading/pellet shaded drying platform/intermediate pellet drying buildings/transit shed for pellet for aerial fireworks shall be surrounded by a blast wall as per specification no. 3 under Schedule-VII.";

(h) in condition (29), for the words "One drying platform shall be provided", the words "One or more drying platform shall be provided depending on the process" shall be substituted;

(i) in condition (38), for the word "amerces", the word "amorces" shall be substituted;

(j) in condition (39), for the words and figures "amerces or paper caps shall be in a proportion not exceeding 4.54 mgs.", the words and figures "amorces or paper caps shall be in a proportion not exceeding 4.54 grams." shall be substituted;

(k) in condition (66), after the word "fireworks", the words "and sparklers" shall be inserted;

(l) after condition (80), the following shall be inserted, namely:-

"Special conditions for Gunpowder

(81) The total quantity of gunpowder in the premises or any part thereof shall not exceed at any one time the quantity for which licence has been granted.

(82) Process buildings or sheds viz., mixing, pounding, corning, sieving, blending, transit building and drying platforms shall observe inner safety distance to and from any process building and an outer safety distance from the fence as specified in relevant tables of Schedule VIII.

(83) The electrically operated equipments like ball mill, corning machine, pounding machine, sieving machine, etc., shall be earthed effectively and such operations shall be made remote by providing limit switch on the door of the respective building.

(84) No chlorate shall be used in the manufacture of gunpowder.

(85) Work in each building or shed shall be carried out strictly in accordance with the safe working procedures.

(86) The interior of the compartments of the building in which gunpowder is manufactured or handled and the machinery or fittings therein shall be thoroughly cleaned at the end of day's work.

(87) Sweepings from the compartments of the building in which gunpowder is manufactured or handled shall be carefully collected and disposed of safely and the effluent shall be discharged only after proper treatment.

(88) All incidents shall be recorded including the near-misses and shall be reviewed periodically.

(89) Only non-ferrous tools and implements shall be used where ever gunpowder is manufactured or handled.";

"(12) The licensee shall keep records and accounts of all ANFO explosives manufactured in Form RE-2 and submit accounts daily through online system of licensing authority and shall exhibit his books and records to any of the officers authorised under the rules whenever such officer may call upon him to do so.

(13) The submission of manufacturing record through online system shall come into force from the date specified by the licensing authority";

(d) in Set-IV, after Condition (9), the following condition shall be inserted, namely:-

"(10) The licensee shall keep records and accounts of all LOX explosives manufactured in Form RE-2 and shall exhibit his books and records to any of the officers authorised under the rules whenever such officer may call upon him to do so.";

(e) in Set-V, in condition (12), after the words "shall keep records and", the words "submit accounts daily through online system of the licensing authority" shall be inserted;

(f) in Set-VI, after condition (13), the following condition shall be inserted, namely:-

"(14) The licensee shall keep records and accounts of all explosives manufactured in Form RE-2 and submit accounts daily through online system of licensing authority and shall exhibit his books and records to any of the officers authorised under the rules whenever such officer may call upon him to do so.";

(g) in Set-VII,-

(a) in condition (10), for the letters, figures and words "RE-2 and RE-4", the letters, figures and words "RE-3 and RE-5" shall be substituted;

(b) in condition (16), for the word "quarter", the word "month" shall be substituted;

(h) in Set-VIII,-

(i) in condition (11), after the letters and figures "RE-5", the word, letters and figures, "and RE-13" shall be inserted;

(ii) in condition (14), for the word "quarterly", the word, "monthly" shall be substituted;

(iii) after condition (28), the following conditions shall be inserted, namely:-

"29. The licensee for possession and use of explosives shall issue Pass for use of explosives in Form RE-13 and return of unused explosives (if any) through online system of the licensing authority.

30. The licensee for possession for sale/use of explosives shall issue indent in RE-11, Pass for sale of explosives in RE-12 and Pass for use of explosives in RE-13 through online system made available by the licensing authority.";

(i) in Set-IX,-

(i) in the opening paragraph the words "or safety fuse and not exceeding 50000 meters, shall be omitted;

(ii) for condition 2, the following condition shall be substituted, namely:-

"(2) The licensee shall purchase authorised fireworks as mentioned in the list of authorised explosives from a licensed magazine or shop ";

(iii) in condition (10), for the words, letters and figures "manufactured and of all stock in hand in Forms RE-2 and RE-3", the words, letters and figures "purchased and of all stock in hand in Forms RE-3 and RE-4" shall be substituted;

(j) in Set-XI,-

(i) in the opening paragraph, for the word "Chinese", the word "Chorsa" shall be substituted;

(ii) in condition (5), for the words "premises or machinery, tools or apparatus", the words "premises" shall be substituted;

(iii) in condition (7), for the words "factory or company for possession and sale from the", the words, "magazine or" shall be substituted;

(iv) in condition (12), for the word "sale", the word "sold" shall be substituted;

(k) in Set-XV,-

(i) in the opening paragraph, for the word "Chinese", the word "Chorsa" shall be substituted;

(ii) in condition (5), the words "or machinery, tools or apparatus" shall be omitted;

(iii) in condition (7), for the word "amerces", the word "amorces" shall be substituted;

(iv) in condition (8), for the words "factory or company for possession and sale from the shop", the words "the magazine or the shop or received the same from the storehouse attached to it and duly licensed under article (d) of licensed Form LE-3." shall be substituted;

(v) after condition (12), followings shall be inserted, namely:-

"(13) Clandestinely imported/unauthorized fireworks shall not be possessed and sold."

(vi) in PART-5,-

(a) in FORM RE-2, in the heading, the words "(OTHER THAN FIREWORKS)", shall be omitted;

(b) in FORM RE-3, in the heading, the words "(OTHER THAN FIREWORKS)", shall be omitted;

(4) after the FORM RE-12, the following form shall be inserted, namely:-

"FORM RE-13

(vii) in PART-6, after the words "signature of", the words "Controller of Explosives/" shall be inserted;

Rule 47 - RULE 47

In the principal rules, in Schedule-VI, in Part 2, under the heading 'SAFETY PROVISIONS FOR BULK MIXING DELIVERY (BMD) VEHICLES', after serial number (17), the following serial number shall be inserted, namely:-

"(18) The following safety devices shall be provided:

(1) Emulsion Mixer:

(a) Bursting Disk-fitted before discharge point.

(2) Progressive cavity pumps:

(a) High/Low Pressure Transmitter-to be fitted in the delivery line very close to the pump and not more than 300 mm away

(b) Bursting Disk-to be fitted in the delivery line as close as possible to high/low pressure transmitter.

(d) Temperature trip to be provided at a maximum distance of 25 mm from the tip of the rotor of the Progressive cavity Pump towards delivery end.

(3) All Centrifugal pump:

(a) Mechanical seal

(b) Temperature controller

(4) Oxidiser blend storage tank:

(a) Temperature controller

(5) Pump truck:

(a) High pressure, Low pressure Trip switch in the final product pump

(b) Dry running protection linked to temperature in the final product pump

(d) Air/Water flushing system-injection point just before Gassing Agent injection point.

(6) Periodic maintenance:

(a) All safety devices functioning should be checked daily before starting the operation.

(b) Periodic opening, cleaning and refitting of all safety devices should be done on monthly basis.

(19) (1) All new Site Mixed Explosives plant/Silo approved subsequent to publication of these rules, shall observe an outer safety distance of 45 meter all around.

(2) The maximum distances allowed for vehicles shall be as follows:

(a) 1500 km. (one way) from mother plant to Silo Plant for transfer of matrix.

(b) 250 km. (one way) for BMD vehicles from mother plant/Silo to mine site.

(3) The new Silo locations shall observe following requirements-

(a) Capacity of a Silo shall not exceed 40 MT.

(b) Maximum number of Silo at one site shall not exceed three.

(c) The minimum distance between adjacent Silos shall not be less than 1.5 meter or 0.5 times of diameter of silo whichever is higher.".

Rule 48 - RULE 48

In the principal rules, in Schedule VII,-

(a) in specification 1, in serial number 1,-

(i) in the sub-heading 'C. Construction', in item (c) for the words "windows-ventilators", the words, "Windows and ventilators" shall be substituted;

(ii) in the sub-heading 'D. Partition Walls', in the opening paragraph, for the word "processed", the word "process" shall be substituted;

(b) in specification 2, in serial number 3, in sub-heading 'Type 'B' magazine', after the words "portable magazine", the words "for temporary purpose only" shall be inserted;

(i) in serial number 1,-

(A) in the sub-heading 'C. Blast wall', after the words and figure, "man limit of 2", the words and figures "persons. In case of filling/pellet loading/shell loading buildings for aerial fireworks, the height of the blast wall shall be 2.76 meters and the width shall be 0.5 metre wider than the door opening on both sides. The blast wall shall be extended by 90 cm towards the end with a turn angle of 45 degrees. A robust Brass or non-corrodible metal chicken wired mesh roof shall be provided covering the shed and the blast wall in all the directions. Such blast wall shall be provided around the sheds." shall be inserted;

(B) in sub-heading ' D. Drying Platform',-

I. in paragraph 2, after the words and figures "1 to 1.5 meters", the words "In case of rocket/shells with lifting charge, the entire area of drying platform shall be covered with hemi-spherical 1 mm brass or non-corrodible metal wire mesh and they shall be hooked to the ground appropriately to avoid its lifting." shall be inserted;

II. in paragraph 4, for the words "The construction of the screen/blast wall shall be as per specification 6 attached to this schedule.", the words, "The screen wall shall be 23 cm thick made of cement and brick." shall be substituted;

(C) after sub-heading 'E. Transit Building' and the entries relating thereto, the following sub-heading and entries shall be inserted, namely:-

"F. Raw material Store:

(a) Sulphur storage room shall be a separate room maintaining minimum 3 meters distance all around.

(b) Aluminium storage shed shall be a separate room with 3 meters safety distance all around. The room shall also have a box type projection at the entrance (sun shade with side parapet wall).

(ii) in serial number 2, in paragraph 2,-

(A) for the word "storehouse", the word "magazine" shall be substituted;

(B) in item (e), after the words "The magazine shall", the words "be single storied building with 34 centimeters thick walls built of brick or stone mortar, or concrete and shall" shall be inserted;

(D) in item (J), for the words "amerces or colour matches which contain chlorate shall be kept under the store house", the words "amorces or colour matches which contain chlorate shall be kept under the magazine" shall be substituted.".

Rule 49 - RULE 49

In the principal rules, in Schedule VIII,-

(a) in Notes-(1), for the word "tow", the word "two" shall be substituted;

(b) for "Table-6" the following Table shall be substituted, namely:-

"Table-6

Safety distance (in meters) to be observed by various process and storage sheds of fireworks manufacturing factory

From	Explosives	Man	To	To	To	To	To	To transit		shed	transit shed			To	To raw	To
	Limit of the shed (in kg)	Limit	mixing/filling shed	dipping shed	drying platform	manufacturing shed	fuse wrapping shed	(fireworks) capacity (in kg)		of	(quick match/micro cord/fuse) of capacity (in kg)			transit shed (pellet) of capacity (in kg)	material shed	dwelling house, protected works or outside safety distances
	Limit of the shed (in kg)	Limit	mixing/filling shed	dipping shed	drying platform	manufacturing shed	fuse wrapping shed	300	400	500	100	150	200	50	material shed	dwelling house, protected works or outside safety distances
Mixing/filling shed	5	2	18	18	18	18	18	30	34	37	21	24	26	18	45	45
Dipping shed	5	2	18	12	18	12	12	30	34	37	21	24	26	18	45	45
Drying platform	25	2	18	12	12	12	12	30	34	37	21	24	26	18	45	45
Drying platform (Pellet)	15	2	18	18	18	18	18	30	34	37	21	24	26	18	45	45
Manufacturing shed	25	4	18	12	12	12	12	30	34	37	21	24	26	18	45	45
Fuse wrapping shed	10	2	18	12	12	12	12	30	34	37	21	24	26	18	45	45
Transit shed (fireworks)	300	2	30	30	30	30	30	30	34	37	30	30	30	30	45	45
	400	2	34	34	34	34	34	34	34	37	34	34	34	34	45	45
	500	2	37	37	37	37	37	37	37	37	37	37	37	37	45	45
Transit shed (quick match/micro cord/fuse)	100	2	21	21	21	21	21	21	34	37	21	24	26	21	45	45
	150	2	24	24	24	24	24	24	34	37	24	26	28	24	45	45
	200	2	26	26	26	26	26	34	34	34	26	28	30	26	45	45
Transit shed (pellet)	50	2	18	18	18	18	18	18	18	18	18	18	18	18	45	45
Raw material shed	X		45	45	45	45	45	45	45	45	45	45	45	45	X	X

Note:-

1. The Transit building for semi-finished fireworks will have two compartments each of size 2.5 meters x 2.0 meters-one each for the storage of light emitting items like wheel, flowerpots etc. and another for storage of sound emitting items like crackers, atom bombs etc.

2. Separate licences shall be granted for manufacturing of conventional fireworks and aerial fireworks items*.

3. Separation-distance between outer fencings of two fireworks factories shall be at least 200m*.

*This will not be applicable to fireworks factories existing or already approved and under construction before publication of these Rules.".

EXPLOSIVES (AMENDMENT) RULES, 2019

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