Rule, 2018

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Industrial Policy and Promotion)

NOTIFICATION

New Delhi, the 15th March, 2018

G.S.R. 231(E).—WHEREAS the draft of certain rules further to amend the Gas Cylinders Rules, 2016 was published as required by section 18 of the Explosives Act, 1884 (4 of 1884) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 4th January 2018 vide Notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy & Promotion), number,

GSR 09(E), dated 4 th January, 2018 inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on which the notification was made available to the public; AND WHEREAS, the said notification was made available to the public on the 4 th January, 2018.

AND WHEREAS, objections and suggestions received from the public on the said draft have been duly considered by the Central Government;

NOW WHEREAS, in exercise of the 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 Gas Cylinders Rules, 2016, namely :-

1. Short title and commencement.— (1) These rules may be called the Gas Cylinders (Second amendment) Rules, 2018.

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

2. In the Gas Cylinders Rules, 2016 (hereinafter referred to as the said rules), in rule 48, for sub-rule (3), the following shall be substituted, namely:- “(3) The requirement of the “No Objection Certificate” under sub-rule (1) shall not be applicable for a license in form “F”, -

(a) for storage of flammable or toxic or corrosive gases forming part of cylinder filling plant ; and

(b) for storage of Liquefied Petroleum Gas in cylinders, provided “No Objection Certificate” shall be obtained from the local body such as Gram Panchayat or the urban local body concerned.”

3. In the said rules, in the rule 57, after clause (4), the following clause shall be inserted, namely :- “(5) Every licence or approval granted under these rules shall stand cancelled, if the licensee ceases to have any right to the site of the licensed or approved premises.”

4. In the said rules, in form ‘C’, under the heading DOCUMENTS REQUIRED TO BE SUBMITTED WITH THIS APPLICATION FOR A LICENCE IN FORM ‘E’, ‘F’ and ‘G’ :-

(a) in item (iv), the words “lease agreement” shall be omitted;

(b) for item (vi), the following item shall be substituted, namely :- “(vi) No Objection Certificate from the District Authority under rule 48 in the case of application for a licence in Form “G” to dispense Compressed Natural gas or Compressed Bio Gas as automotive fuel or a Licence in Form “F” to store flammable or Toxic or corrosive gases for the purpose of sale or trading ; Provided that the requirement of No Objection Certificate from the District Authority shall not be applicable for a licence in form “F” for storage of flammable or toxic or corrosive gases forming part of cylinder filling plant or licence in form “F” for storage of Liquefied Petroleum Gas in cylinders: Provided further that for a licence in form ‘F’ for storage of Liquefied Petroleum Gas in cylinders, “No objection Certificate” shall be required from the local body such as Gram Panchayat or the Urban local Body concerned.”

5. In the said rules, in Form “G”, in condition 1, in sub-condition (b), for the words and figure “in condition 6 of the licence”, the words and figures, “Table II of condition 7 of the licence in Form G” shall be substituted. SHAILENDRA SINGH, Addl. Secy.

Note :— The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide notification

G.S.R. 1081(E), dated the 22 nd November, 2016 and subsequently amended vide

G.S.R 189(E), dated the 27 th February, 2018.

and Published by the Controller of Publications, Delhi-110054.

RAKESH SUKUL

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Explosives Act, 1884