Rule, 2008

Text

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MINISTRY OF COMMERCE AND INDUSTRY

(Department of Industrial Policy and Promotion)

NOTIFICATION

New Delhi, the 29th December, 2008

G.S.R. 907(E).—Whereas the Draft of Explosives Rules, 2006 were published, as required by sub-section (1) of Section 18 of Explosive Act, 1884 (4 of 1884) vide notification of the Government of India in the Ministry of Commerce & Industry (Department of Industrial Policy & Promotion) number G.S.R. 226, dated 6th day of September, 2006 in the Gazette of India, Part II, Section 3, Sub-section

(i) inviting objections and suggestions from all 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 6th day of November, 2006;

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) and in supersession of the Explosives Rules, 1983, except as respect of things done or omitted to be done before such supersession, the Central Government hereby makes following rules, namely :—

THE EXPLOSIVES RULES, 2008

Chapter I Preliminary

1. Short title and commencement.—(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.

2. Definitions.—(1) In these rules, unless the context otherwise requires,—

(2) “Act” means the Explosives Act, 1884 (4 of 1884);

(3) “adirvettu or kadina” means sound producing device made of iron tube having strong base with a hole at the side close to the bottom, which is filled with gunpowder and fired by means of trail of dry loose gunpowder and approved by the Chief Controller of Explosives;

(4) “Ammonium Nitrate Fuel Oil Explosive (ANFO)" means an explosive mixture of ammonium nitrate and fuel oil which is not cap sensitive, but does not include emulsion or slurry explosive or site mixed explosive (SME);

(5) “authorised explosive” means an explosive included in the list of authorised explosives referred to in rule 6 and published by the Central Government 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 26-04-1957 and further resolution number 1995/5, dated 10-07-1995;

(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, rockets, shells, percussion caps;

(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;

(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 a 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 a 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;

shall be deemed to be 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 as explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form have a vapor pressure less than 10-4 Pa at a temperature of 25 degree Celcius 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, store house 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 or safety fuse not exceeding 50000 meters, 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/l 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.

3. Scope of applicability of rules and exemptions.—

(1) These rules are applicable for regulating the manufacture, import, export, transport, and possession for sale or use of explosives.

(2) Nothing in these rules shall apply to the manufacture, possession, use, transport or importation of any explosives by—

(a) any of the Armed Forces of the Union and Ordnance Factories or other establishments of such Forces for own use in accordance with the rules or regulations made by the Central Government;

(b) Indian railways while cuting as carrier ;

(c) any person employed under the Central or State Government in exercise of any power under the Act or these rules.

(3) When the Chief Controller is of the opinion that an explosive does not pose a risk to public to 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

4. Classification of explosives.—(1) For the purposes of these rules, the explosives shall be classified in the manner specified in Schedule I. The dual system of classification shall be retained for five years from the date of commencement of these Rules, thereafter only UN classification shall be applicable.

(2) If any explosive falls within the limits of more than one class as defined in Schedule I, it shall be deemed to belong exclusively to the last number of such classes.

(3) The fireworks are classified into the following categories depending upon the desired pyrotechnique effect :—

(i) Sound emitting fireworks.—Fireworks with sound level not exceeding 125 dB (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 above mentioned 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 (AI) 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.

5. Safety distance categories of explosives.—(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.

6. Authorisation of explosives :— (1) No person shall manufacture, import, export, transport, possess, sell or use any explosive unless it has been declared as an authorised explosive, by an order issued by the Chief Controller and published by the Central Government in the Official Gazette:

Provided that nothing in this rule shall apply to the manufacture and possession for test and trial purposes and not for sale of a new explosive composition under development at a place specially approved for the purpose by the Chief Controller.

(2) Any person desirous of including an explosive in the list of authorised explosives shall submit an application to the Chief Controller.

(3) The application submitted in accordance with sub-rule (2) shall be accompanied by following particulars, namely :—

(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, 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 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 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 deicide 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) the safety distance category and the corresponding UN Classification and UN Number.

(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 Central Mining Research Institute 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.

Chapter III General provisions

7. Control over manufacture, import, export, transport, possession for sale or use of explosives.—No person shall manufacture, import, export, transport, possess for sale or use an explosive except as authorised or licensed under these rules.

8. Pre-requisite for grant of licence.—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.

9. No licence needed in certain cases.— Notwith- standing anything contained in rule 7, no licence shall be necessary for the following cases, namely :—

(1) manufacture of explosive in small quantities in an established laboratory for research and development purpose with prior permission from the Chief Controller under the conditions as may be imposed by him;

(2) manufacture, possession and sale of colour or star matches with prior permission from the Chief Controller under the conditions set forth by him in SET- XVI referred to in Part 4 of Schedule V:

Provided that the manufacture, possession and sale of colour or star matches shall be done in a factory approved by the Chief Controller and any person desiring to manufacture, posses and sell colour or star matches shall submit to the Chief Controller, an application, plans of the 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, Tamilnadu 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.

10. General Restrictions.—(1) Restriction on manufacture—(a) No explosives shall be manufactured at any place except at a licensed factory with manufacturing process duly approved by the licensing authority.

(b) No person shall manufacture any plastic explosive without adding marking agent as per the International Civil Aviation Organisation Resolution A 27-8 based on United Nations Security Council Resolution 635 of 14th June, 1989 and United Nation General Assembly Resolution 44/29 of 4th December, 1989;

(2) Restriction on import or export —

(a) No person shall import or export any explosive except under and in accordance with the conditions of licence granted under these rules.

(b) No explosive shall be imported or exported 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 AE-7 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 :

Provided that nothing in this rule shall apply to handling of explosives during the dark hours if proper illumination is provided in the area and the place is guarded.

(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.

(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 is of mentally or physically challenged, for manufacture, storage, sale, 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.

11. Employment of competent person.—(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.

12. Protection from lightning and thunderstorm.-

(1) Every magazine or process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with specification laid down by Bureau of Indian Standards.

(2) The connections to various parts of earth resistance of the lightning conductor terminal on the building to the earth shall be tested at least once in every year by a qualified electrical engineer or any other person holding a certificate of competency in this behalf from the State Government and a certificate showing the results of such test and the date of the last test shall be conspicuously displayed.

(3) Whenever a thunderstorm appears to be imminent in the vicinity of a magazine or store house or processes building, every person engaged in or about such magazine or store house shall be withdrawn to a safe distance from such 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.

13. Repair and maintenance of the premises.—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.

14. Packing of explosives.—(1) No person shall import, export, tender for transport, cause to be transported, possess or sell any explosive unless -

(a) it is packed in the manner laid down in Schedule II;

(b) the container or package is marked in accordance with rule 15;

(c) the packages conform to the relevant standard of Bureau of Indian Standards or other standards accepted and approved by the Chief Controller;

(d) packages of explosives for export or import conform to the requirements of the tests as specified for various classifications under International Maritime Dangerous Goods Code (hereinafter referred to as the IMDG Code in these rules) or International Air Transport Authority code or United Nations recommendations on the transport of Dangerous Goods and 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 2C 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.

15. Marking on explosives and packages.—(1) Marking on packages - (i) The outer package shall be marked in conspicuous indelible character, by means of a stamping, embossing or painting with—

(a) the word “EXPLOSIVES”;

(b) the name of authorised explosive;

(c) the number if any of the Class and the Division including sub-division to which it belongs;

(d) the safety distance category of explosive;

(e) the name of the manufacturer;

(f) identification number of the package;

(g) the net weight of explosives;

(h) gross weight of the package;

(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 :

Provided that in the case of safety fuse or fireworks, clauses (a) and (l) may be omitted and the words “safety fuse” or “Fireworks” shall be marked.

(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 shall 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.

(3) Marking on explosives of Class 6.—In the case of explosives of Class 6 Divisions 2 and 3 the name of the manufacturer in full or abbreviated form shall be printed or embossed legibly on every metre or on every piece, as the case may be. The abbreviated form, if used, shall be registered with the Chief Controller.

(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, 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.

(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.

16. Weight of explosives.—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.

17. Split explosive to be destroyed.—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.

18. Precautions against danger from water, heat or pollution.—(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.

19. Special precautions against accident.—(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).

20. Provision of mounds.—(1) For manufacturing factory—Every building used for production, handling, storage, testing of explosives, in a licensed factory unless otherwise exempted by the licensing authority shall be surrounded by a substantial mound which shall be of a type and design approved by the licencing authority:

Provided that the licensing authority may allow blast walls in place of substantial mound if such blast walls can be provided for the purpose.

(2) For magazines.—A substantial mound shall be provided near a magazine, if so required by the licensing authority. Such mound shall be of a type approved by the licensing authority and shall always be maintained in good condition to provide effective protection. The mound shall be provided near the magazine and constructed as per approved specification, if applicable and shall be shown in the drawing for approval by the authority.

21. Restriction on unauthorised persons and provision of guards.—(1) The licensee shall at his own expense provide security guards for safe custody of the factory or magazine for storage of explosives other than fireworks.

(2) For the purposes of sub-rule (1), the security guards shall be of such strength as the District Magistrate may consider it to be sufficient.

(3) A factory licensed under these rules for manufacture of explosives shall be surrounded by a wall or security fencing at least two metres high of such strength and construction as to effectively prevent entry of unauthorised persons.

(4) The area enclosed by such wall or fence referred to in sub-rule (3) shall cover the safety zone required to be kept clear from any of the process buildings or sheds.

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

22. Use of electrical equipment.—(1) No electrical equipment shall be used in places where explosives are being manufactured, handled or stored except with the prior permission of the Chief Controller.

(2) The electrical equipment shall be of a type acceptable to the Chief Controller.

23. Prohibition of certain acts. —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.

24. Maintenance of records and submission of returns.—(1) Every person holding a licence granted under these rules for manufacture, possession, sale, use or transport of explosives shall maintain records in the prescribed forms specified in Part 5 of Schedule V and shall produce such records on demand to an authority specified in rule 128.

(2) Stock books in prescribed forms shall be page numbered and certified by any officer authorised under these rules and such records shall be retained for period of three years, unless otherwise directed by an authority.

(3) The licensee shall submit quarterly returns of explosives (other than fireworks) manufactured, received, sold or transferred or used or destroyed or imported or exported to the Controller as well as District Magistrate in the form prescribed in Part 5 of Schedule V so as to reach the above authority within tenth day of every succeeding quarter.

(4) In case the licensing authority is the District Magistrate, the licensee shall submit quarterly return to such authority.

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

Chapter IV Special Provisions for Manufacture of Explosives

26. Approval of manufacturing process.—(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) safety management plan as stated in sub-rule

(3) to be followed by the company in case of high explosives or blasting accessories;

(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 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

(l) security of explosives;

(m) transport and storage of explosives;

(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).

27. Submission of safety management plan to District Magistrate—The applicant shall submit a copy of the safety management plan to the District Magistrate.

28. Buildings to be used for specified purpose only.—Every building in a factory shall be used only for the purpose specified in the licence granted under these rules :

Provided that the licensing authority may temporarily permit the use of a building for a purpose other than that specified in the licence after satisfying himself that such a change is safe and for smooth operation of the process of manufacture.

29. Interior of buildings to be suitably finished.— A building in which explosives or any ingredient thereof which either by itself is possessed of explosives' properties, or which when mixed with any other ingredient or article also present in such building is capable of forming an explosive mixture or an explosive compound, kept or resent, or in the course of manufacture is liable to be, shall be a danger building; and the interior of every such building, and the benches, shelves and fittings in such building (other than the machinery) shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the formation and detachment of any grit so as to come into contact with the explosive or ingredient thereof in such building and such interior benches, shelves and fittings shall, as far as reasonably practicable, be kept free from grit and otherwise clean.

30. Restriction of articles liable to spontaneous ignition.—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.

31. Use of special tools and implements.—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.

32. Particulars to be exhibited on process building.—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.

33. Removal of foreign matter from ingredients.— 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.

34. Removal of explosives and materials expeditiously.—(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.

35. Training to personnel.—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.

36. Use of vehicles.—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.

37. Maintenance and repairs of building, plant and equipment.—(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.

38. Facilities for testing.—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.

39. Requirement of samples for testing.— 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.

40. Stoppage of manufacture of explosives.—If at any time any operation in the process of manufacture of an explosive is no longer found to be safe or behaviour of the explosives during the course of storage, transport or use is no longer found to be safe due to change in the nature and composition of explosives, or due to any other reason, the licensing authority may issue an order in writing directing the licensee to stop forthwith the manufacture of such explosive till such time the operation or the composition is rectified to the satisfaction of the licencing authority.

41. Exclusion from list of authorised explosives.— 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.

42. Disposal of waste explosives.—(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).

Chapter V Special Provisions for Import or Export of Explosives General

43. Import or export by land.—No licence for import or export of explosives by land shall be granted without the previous sanction of the Central Government in each case, wherein the Central Government may impose conditions and restrictions in consultation with the Chief Controller.

44. Compliance of port rules.—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.

45. Import of explosives.—(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 need 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 all such explosives intended to land at the port and are required under these rules to be tested, analysed or examined.

(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. One sample consisting of at least two cartridges shall be drawn from a group of cases having the same batch number and same date of manufacture. The samples, if the sampling officer so requires, 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 test certificate in CE-1 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 each of the certificate in CE-1 to the Chief Controller and the Controller of the area having jurisdiction.

(6) Permission to land explosives—(a) No imported explosives shall be permitted to be landed by the Commissioner of Customs except with the prior permission of the Chief Controller or the Controller duly authorised in this behalf who shall issue such permission if the explosives have passed the prescribed tests, analysis or examination and after making such other enquiries as considered necessary.

(b) If the Commissioner of Customs, after receiving the permission under clause (a) and the licence for import of such explosive under these rules and after making such further enquiries as he deems necessary, is satisfied that the explosives can lawfully be imported, he shall permit it to be landed.

(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.

46. Export of explosives.—(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-10.

(2) Export of explosives by air.—(a) Explosive of any kind and quantity, which is not included in International Air Transport Authority 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.

Chapter VI Special provisions for Transportation of Explosives General

47. Procedure to be followed during transportation.—

(1) Every consignment of explosives transported under licence shall be accompanied by a pass issued by the consignor in Form RE-12 under Part 5 of schedule V.

(2) Such pass shall be attached to the way-bill, invoice or despatch note as the case may be.

(3) A copy of every pass issued under sub-rule (2) shall forthwith be sent by the consignor to—

(a) the licensing authority who issued the licence of the consignor;

(b) the Controller and the District Superintendent of Police in whose jurisdiction the place from which the consignment is sent is situated;

(c) the Controller and the District Superintendent of Police in whose jurisdiction the place to which the consignment is sent is situated.

48. Certificate of safety.—(1) Before transporting or tendering for transport an explosive of Class 3 (Nitro- compound) or Class 4 (Chlorate mixture), the consignor shall attach to the consignment a valid certificate in Form CE-1 under Part 6 of Schedule V or certified copy thereof granted by testing officer.

(2) The certificate referred to in sub-rule (1) shall be issued by the testing officer after conducting the tests as per the methods of testing set forth in Schedule III as applicable to such explosives in accordance with the existing specification prescribed by the Bureau of Indian Standards.

(3) Certificate referred to in sub-rule (1) shall be valid for a period of twelve months from the date of issue.

49. Transport in passenger carriages and vessels.—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.

50. Documents to be available during transport.—

(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.

51. Maximum consignments allowed.—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 Authority 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.

52. Despatch of explosives to carriers for transport.—(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.

53. Place and time of loading and unloading.—(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.

54. Carriage or vessel or aircraft to be in readiness for loading.—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.

55. Delay in transit to be avoided.—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.

56. Repairs to conveyance.—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.

57. Small quantities of fireworks exempted.— 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.

58. Safety distances between carriages and boats.- 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.

59. Transport by water.—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.

60. Transport by Rail.—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

61. Licence for road van or compressor mounted motor truck or tractor. —(1) No person shall transport or cause to be transported any explosive in a road van or compressor mounted motor truck or tractor unless such vehicle is licensed under these rules to transport explosives. The road van shall meet the requirements laid down in specification 5 of Schedule VII and compressor mounted motor truck or tractor shall meet the requirements laid down in specification 5 thereof and shall be approved by Chief Controller.

(2) The licensee of road van shall maintain records of all transactions in Form RE- 6 under Part 5 of Schedule V.

(3) The licensee of road van, compressor- mounted truck or tractor, as the case may be, should engage only such drivers or cleaners, whose antecedents are verified by the local police. A list of such drivers or cleaners along with all personal particulars should be made available to the 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.

62. Prohibition of transport within Streets, Public places and other specified areas.—

(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.

63. Restriction on transport of explosives except fireworks and safety fuse by vehicles other than road vans or compressor mounted motor truck or tractor.— 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.

64. Loading of explosives.—(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.

65. Restriction on use of towed vehicles.—No person shall transport explosives other than fireworks in any towed vehicle or tow any vehicle transporting explosives.

66. Carriage of explosives with other substance prohibited.—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.

67. Loading, unloading, maintenance and operation of road vans.—(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 over night 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 thorough fare.

(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.

68. Lighting of stationary vehicles. —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.

69. Accident to the vehicle.—(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.

70. Fire extinguishers to be provided.—(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’ recommen- dations.

Chapter VII Special Provisions for Possession, Sale and Use of Explosives

71. Possession in licensed premises.—(1) A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence.

(2) The licensed magazine or store house shall be kept securely closed or locked at all times except when goods are being placed in or taken from it or when it must be kept open for some other purpose in connection with the management of such premises.

(3) The keys of the licensed magazine shall, at all times be kept secured in licensee's own custody or of his authorised agent and shall be produced for opening the magazine or store house whenever so required by an inspecting officer.

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

72. Repacking or opening of packages.—(1) An explosive shall, as far as practicable, be sold in original packages. If the quantity sold to any person is less than the quantity of explosives packed in the original packing, such quantity shall be packed in a safe and proper manner in a substantial package which shall be clearly marked with following markings, namely :—

(a) Name of the explosive;

(b) Class, Division and sub-division as per to Schedule I;

(c) Quantity of explosive packed;

(d) Name of licensee with licence number of the magazine from where the explosive is being supplied and packed;

(e) Date of packing;

(f) Name and address of the consignee.

(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.

73. Explosives not to be kept in damaged boxes.— 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.

74. Storage of explosives in excess of the licensed quantity.—(1) The quantity of any kind of explosives kept in any licensed magazine or storehouse shall not exceed the quantity entered in the licence against such kind of explosives.

(2) Notwithstanding anything contained in sub-rule (1), the licensing authority may issue a permit for a period not exceeding fifteen days, on receipt of the such fees as prescribed under Part-2 of Schedule IV, to a licensee for storage of explosives in excess of the licensed quantity when such authority is satisfied that such excess storage is essential and unavoidable due to circumstances beyond the control of the licensee :

Provided that such excess storage shall not exceed one third of the licensed quantity.

(3) The licensing authority may refuse to grant a permit for excess storage of explosives if such excess storage is of a repeated nature.

75. Permit for temporary possession of manufactured fireworks in excess of the licensed quantity.—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.

76. Quantity of explosives to be purchased in a given period of time.—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.

77. Accountability and transaction of explosives.—

(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 :

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

78. Magazine, store house, or shop to be at ground level.—A magazine, store house, or shop shall be constructed at ground level only. A magazine or storehouse shall be a single storey building.

79. Stacking of packages.—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.

80. Storage of compatible explosives.—

(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.

81. Specification for construction of a magazine.— Magazine used for storage of explosives shall be constructed as per Specification 2 of Schedule VII .

82. Store house for fireworks or safety fuse.—

(1) Store house shall be used only for possession of fireworks not exceeding five thousand kilograms or safety fuse not exceeding fifty thousand meters and not for sale.

(2) A person holding licence for possession and sale of fireworks or safety fuse from a shop shall be eligible for a licence for one store house per shop.

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

83. Explosives permitted for possession and sale from shop.—(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse, permitted in licence shall be stored in a shop for possession and sale.

(2) Construction of shop.—The shop shall be constructed of a brick, stone or concrete and the shop shall be closed and secured so as to prevent unauthorised person from having access thereto.

(3) The premises shall have storage area not less than nine square meters and not more than twenty five square meters.

(4) The shop shall —

(a) be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable;

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

(c) not be situated under the upper floor 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.

84. Temporary shops for possession and sale of fireworks during festivals.—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.

85. Special precautions to be observed for fireworks.—(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.

86. Safety distances to be maintained.—(1) Factory or magazine—The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence, as the case may be.

(2) Store house.—The store house licensed for possession of fireworks or safety fuse shall maintain safety distance of three metres from protected works and minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.

(3) Shop.—The shop licensed for storage and sale of small arms nitro-compound, fireworks or safety fuse shall be at a distance of minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.

87. Sale of other article prohibited.—The premises in which small arms nitro-compound or fireworks or gun powder or safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes when small arms nitro-compound or fireworks or gun powder or safety fuse is stored :

Provided that the premises may be used for other purposes except for inflammable and dangerous substances when small arms nitro-compound or fireworks or gun powder or safety fuse are not stored in the premises.

88. Fireworks to be sold from licensed premises only.—No person shall sell fireworks from any premises other than those licensed under these rules.

89. Restriction on preparation of charges.—(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.

90. Restriction on conveyance of explosives to or at the blasting site.—(1) Explosives shall only be conveyed from the licensed storage premises to near the site in original unopened packages or in closed containers used solely for that purpose and securely locked. No manufacturer shall directly supply the cartridged explosives for charging of boreholes at the blasting site.

(2) Explosives shall not be taken to a point nearer than fifty metres from any site until such site is ready for charging.

(3) Explosives shall not be conveyed in any vehicle with any other materials, tools or implements other than that required for the purpose of blasting.

(4) Explosives left over after the day's work shall be returned to the licensed premises from which the same was taken.

(5) The carrying box used for carrying explosives from 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.

91. Explosives to be examined before 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.

92. Precautions to be observed at site.—(1) The electric power at the blasting site shall be discontinued as far as practicable before charging the explosives.

(2) No work other than that associated with the charging operations shall be carried out within fifteen metres of the holes unless otherwise specified to the contrary by the licensing authority.

(3) When charging is completed, any surplus explosives, detonators or fuses shall be removed from the vicinity of the hole and stored at a distance which would prevent sympathetic detonation in the event of a charge detonating in any hole.

(4) The holes, which have been charged with explosives, shall not be left unattended till the blasting is completed.

(5) Care shall be taken to ensure that fuse or wires connected to the detonators are not damaged during the placing of stemming material and tamping.

93. Suitable warning procedure to be maintained.— 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.

94. Precautions to be observed while firing.—(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.

95. Precautions against stray currents.—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.

96. Person in charge to be responsible.—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.

97. Blasting operations in mines.—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.

98. Blasting operation by shot firer in areas other than mines.—(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.

Chapter VIII Grant or refusal of approval, no objection certificate, licence, certificates, amendment, transfer and renewal

99. Licences and licensing authorities.—Licences and certificates for specific purposes may be granted by the authorities specified in Part 1 of Schedule IV.

100. Payment of Fees.—(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.

101. Prior approval before construction .—(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.

102. No objection certificate before construction.—

(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.

103. Procedure to be observed for issue of no objection certificate and for grant of licence.—

(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.

104. Commencement of construction of premises.—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.

105. Application for grant of licence. —After the construction of premises is completed, the applicant shall apply for grant of licence along with documents stated in rule 113.

106. Period of validity of licence.—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.

107. Grant of a licence and certificate.—(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 :— Class Category Type of blasting permitted A Unlimited All types of blasting B General All phases of aboveground aboveground blasting operation C General All phases of underground underground blasting operation D Demolition All phases of blasting in demolition projects E Seismic All phases of blasting in seismic prospecting or production F Agricultural All phases of blasting in agricultural and well sinking G Special Blasting for special purpose not covered under the above categories

(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 adequate knowledge and experience in related field of handling and blasting explosives, 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.

108. Transfer of licence.—(1) A licence granted under these rules may be transferred by the authority empowered to grant the licence.

(2) An applicant who desires to get the licence transferred in his favour shall submit to the licensing authority—

(a) an application in form appropriate for grant of the licence ;

(b) specimen signature of the applicant or his authorised person;

(c) a letter from the existing licensee signed by the authorised person requesting the transfer of licence in favour of the applicant or a succession certificate from a competent court in case of death of a licensee being an individual;

(d) original licence issued to the existing licensee;

(e) copies of supporting documents regarding transfer of rights of the premises 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.

109. Amendment of licence in respect of alteration or change in the premises or licenses capacity, but not involving change of name of licensee or partners or directors or members.—(1) A licence granted under these rules may be amended by the authority empowered to grant the licence if the amendment is not inconsistent with the provisions of these rules.

(2) A licensee who desires to have his licence amended shall submit the following particulars to the licensing authority, namely :—

(a) an application stating nature of the amendment and the reasons there for;

(b) the original licence together with enclosures to it;

(c) plans showing the details of the proposed amendment if such plans are required by the licensing authority for the purpose of amendment;

(d) prescribed scrutiny fee;

(e) prescribed amendment fee.

(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.

110. Amendment of licence due to change of name of the licensee (firm or company or association or society).—(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.

111. Procedure for change of partners or directors or members or occupier.—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.

112. Renewal of licence.—(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 there under 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 three months of the date of its expiry. An application for revalidation received after three 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.

Sl. Purpose of Licence Article Licence Documents required for Documents required for grant No. number as Form approval of licence per Part I of Schedule IV

1. Licence to 1(a) LE-1 (i) Form AE-1; (i) Form AE-1;

manufacture (ii) Plans of the proposed (ii) Plans of the proposed fireworks or buildings or sheds and the site (buildings or sheds and the site gunpowder or showing approach road to the showing approach road to the both not exceeding factory, all buildings in and factory, all buildings in and 15 kilogrammes around, and safety distances around, and safety distances at any one time. maintained; maintained;

(iii) Particulars of competent (iii) Particulars of competent persons and their experience in persons and their experience in related fields; related fields;

(iv) Passport size photographs of (iv) Passport size photographs of the occupier alongwith docu- the occupier alongwith docu- mentary evidence of nomination mentary evidence of nomination as occupier as per rule 2; as occupier as per rule 2;

(v) Scrutiny fee as per Schedule (v) Completion certificate;

(vii) Licence fee as per Schedule

2. Licence to 1(b) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional manufacture information like details of information like details of fireworks or process; process;

gunpowder (ii) Plans of the proposed (ii) Plans of the completed or both exceeding 15 buildings and the site showing buildings and the site showing kilogrammes but not approach road net work to the approach road net work to the exceeding 500 factory or premises; all buildings, factory or premises; all buildings, kilogrammes at any blast wall, safety distances, blast wall, safety distances, one time. plant, equipment, explosives plant, equipment, explosives limit, man limit; limit, man limit;

(iii) Distance form DE-1; (iii) Distance form DE-1;

(iv) Particulars of competent (iv) Particulars of competent technical persons or foreman and technical persons or foreman and their experience in related fields; their experience in related fields;

(v) Passport size photographs of (v) No objection certificate the occupier alongwith docu- alongwith approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2; (vi) Completion certificate;

(vi) Scrutiny fee as per Schedule (vii) Passport size photographs IV, part-2. of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(viii) Indemnity bond in CE-3;

(ix) Licence fee as per Schedule

113. Documents for approval and grant of licence.—The following documents shall be required to be submitted for approval and grant of licence.—

3. Licence to 1(c) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional manufacture information like details of information like details of fireworks or process; process;

gunpowder (ii) Plans of the proposed (ii) Plans of the completed or both exceeding 500 buildings and the site showing buildings and the site showing kilogrammes at any approach road net work to the approach road net work to the one time. factory or premises; all buildings, factory or premises; all buildings, blast wall, safety distances, blast wall, safety distances, plant, equipment, explosives plant, equipment, explosives limit, man limit; limit, man limit;

(iii) Distance form DE-1; (iii) Distance form DE-1;

(iv) Particulars of competent (iv) Particulars of competent technical persons or foreman and technical persons or foreman and their experience in related fields; their experience in related fields;

(v) Passport size photographs of (v) No objection certificate the occupier alongwith docu- along with approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2; (vi) Completion certificate;

(vi) Scrutiny fee as per Schedule (vii) Passport size photographs IV, part-2. of the occupier along with documentary evidence of nomination as occupier as per rule 2;

(viii) Indemnity bond in CE-3;

(ix) Licence fee as per Schedule 4 Licence to manufactur 1(d) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional at site, ANFO explosi- information like details of information like details of ves not exceeding 200 process; process;

kilogrammes at any (ii) Plans of the proposed (ii) Plans of the completed one time. manufacturing shed and the site manufacturing shed and the site showing approach road net work showing approach road net work to the premises; safety distance to the premises; safety distance and equipments for ANFO and equipments for ANFO manufacture; manufacture;

(iii) Particulars of competent (iii) Particulars of competent technical persons and technical persons and their experience in related fields; their experience in related fields;

(iv) Passport size photographs of (iv) No objection certificate the occupier alongwith docu- along with approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2; (v) Completion certificate;

(v) Scrutiny fee as per Schedule (vi) Passport size photographs IV, part-2. of the occupier along with documentary evidence of nomination as occupier as per rule 2;

(vii) Indemnity bond in CE-3(not required if covered under the Mines Act, 1955)

(vii) Indemnity bond in CE-3 (not required if covered under the Mines Act,1955).

(viii) Licence fee as per Schedule

5. Licence to manufacture 1(e) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional liquid oxygen information like details of information like details of explosives (LOX). process; process;

(ii) Plans of the proposed LOX (ii) Plans of the comleted LOX depot and the site showing depot and the site showing approach road net work to the approach road net work to the premises; safety distance, and premises; safety distance, and equipments for LOX equipments for LOX manufacture; manufacture;

(iii) Particulars of competent (iii) Particulars of competent technical persons and technical persons and their their experience in related fields; experience in related fields;

(iv) Passport size photographs (iv) No objection certificate of the occupier along with docu- along with approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2; (v) Completion certificate;

(v) Scrutiny fee as per Schedule (vi) Passport size photographs IV, Part-2. of the occupier along with documentary evidence of nomination as occupier as per rule 2;

(vii) Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);

(viii) Licence fee as per Schedule

6. Licence to manufacture 1(f) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional site mixed explosives information like details of information like details of (SME). process; process;

(ii) Plans of the proposed (ii) Plans of the completed support plant and the site support plant and the site showing approach road net work showing approach road net work to the premises; all buildings, to the premises; all buildings, distances, plant, equipment, distances, plant, equipment, attached BMD vehicles and attached BMD vehicles and annual capacity; annual capacity;

(iii) Particulars of competent (iii) Particulars of competent technical persons and their technical persons and their experience in related fields; experience in related fields;

(iv) Passport size photographs (iv) No objection certificate of the occupier along with docu- along with approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2; (v) Completion certificate;

(v) Scrutiny fee as per Schedule (vi) Passport size photographs IV, Part-2. of the occupier along with documentary evidence of nomination as occupier as per rule 2;

(vii) Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);

(viii) Licence fee as per Schedule

7. Licence to manufacture 1(g) LE-1 (i) Form AE-1 and additional (i) Form AE-1 and additional explosives other than information like details of information like details of fireworks, gunpowder, manufacturing process; manufacturing process; ANFO, LOX and SME. (ii) Plans of the proposed (ii) Plans of the proposed buildings and the site showing buildings and the site showing full approach road net work to full approach road net work to the factory/or premises; all the factory/or premises; all buildings, mounds, safety buildings, mounds, safety distances, plant, equipment, distances, plant, equipment, explosives limit, man limit, explosives limit, man limit, annual capacity; annual capacity;

(iii) Distance form DE-1; (iii) Distance form DE-1;

(iv) Quality control plan and (iv) Safety management plan;

procedures for raw materials, (v) Particulars of competent intermediate and finished technical persons or foreman products; and their experience in related

(v) Safety management plan; fields;

(vi) Particulars of competent (vi) Passport sized photographs technical persons or foreman of the occupier along with and their experience in related documentary evidence of nomina- fields; tion as occupier as per rule 2;

(vii) Passport sized photographs (vii) No objection certificate of the occupier along with docu- along with approved plan from mentary evidence of nomination competent issuing authority;

as occupier as per rule 2;

(viii) Details of BMD vehicles in (viii) Indemnity bond in CE-3; case of SME plant; (ix) Completion certificate;

(ix) Scrutiny fee as per Schedule (x) Licence fee as per Schedule

8. Licence to possess 2 LE-2 Not necessary as per sub-rule (i) Form AE-2; gunpowder not exceeding (4) of rule 101. (ii) The plan showing place for 15 kilogramme at any one storage of Gun powder, filling time for manufacture of and firing of Adirvettus and adirverttus and posses- protected works within 100 sion of adirverttus not metres on all sides;

exceeding 200 in number (iii) Passport sized photographs at any one time. of the occupier along with documentary evidence of nomination as occupier as per rule 2;

(iv) Licence fee as per Schedule

(v) Public liability insurance.

9. Licence to possess 3(a) LE-3 (i)Form AE-3 (for possession (i)Form AE-3 (for possession for use, for agricultural and use); and use);

purpose or in small (ii) Plans of the proposed (ii) Plans of the completed quarry, explosives not magazine and the site showing magazine and the site showing exceeding 25 kilo- approach road; safety distances, approach road; safety distances, grams of Class 1, 2 or 3; licensed capacity; licensed capacity; 1500 numbers detonators; (iii) Passport size photographs (iii) Completion certificate; 1500 meters of Detona- of the occupier along with (iv) Passport size photographs ting Fuse or Safety Fuse documentary evidence of of the occupier along with at any one time in a nomination as occupier as per documentary evidence of magazine. rule 2; nomination as occupier as per

(iv) Scrutiny fee as per Schedule rule 2;

IV, Part-2. (v) Licence fee as per Schedule

10. Licence to possess for 3(b) LE-3 (i) Form AE-3; (i) Form AE-3; sale of explosives of (ii) Plans of the proposed (ii) Plans of the completed Class 1,2,3,4, 5,6 or 7 magazine and the site showing magazine and the site showing in a magazine. approach road; mounds, safety approach road; mounds, safety distances, licensed capacity; distances, licensed capacity;

(iii) Distance form DE-1; (iii) Distance form DE-1;

of the occupier along with docu- (v) No objection certificate mentary evidence of nomination with approved Plan from District as occupier as per rule 2; Magistrate;

(v) Scrutiny fee as per Schedule (vi) Licence fee as per Schedule use, explosives of class (ii) Plans of the proposed (ii) Plans of the completed 1, 2, 3,4,5,6 or 7 in a magazine and the site showing magazine and the site showing magazine. approach road; mounds, safety approach road; mounds, safety distances, licensed capacity; distances, licensed capacity;

(iii) Distance form DE-1; (iii) Distance form DE-1;

(iv) Passport size photographs (iv) Passport size photographs of the occupier along with docu- of the occupier along with docu- mentary evidence of nomination mentary evidence of nomination as occupier as per rule 2; as occupier as per rule 2;

(v) Scrutiny fee as per Schedule (v) Completion certificate IV, Part-2. (vi) No objection certificate with approved Plan from District Magistrate;

(vii) Licence fee as per Schedule

12. Licence to possess 3(d) LE-3 (i) Form AE-3; (i) Form AE-3; fireworks not exceeding (ii) Plans of the proposed store (ii) Plans of the completed store 5000 kilogramme or house of site showing approach house and the site showing safety fuse not road, safety distance, licence approach road, licence capacity; exceeding 50000 meters, capacity;

in a storehouse, not (iii) Passport size photographs (iii) Completion certificate; for sale but for transfer of the occupier along with docu- (iv) No Objection Certificate with to own licensed shop mentary evidence of nomination approved plan by District as occupier as per rule 2; Magistrate

(v) Passport size photographs

(iv) Scrutiny fee as per Schedule of the occupier along with IV, Part-2. documentary evidence of nomination as occupier as per rule 2;

(vi) Licence fee as per Schedule IV, Part 2.

13. Licence to possess 4 LE-4 Not necessary as per sub-rule (4) (i) Form AE-4; and transport explosives of rule 101(Type approval to be (ii) Plans of the tractor of class 2 or 3 not obtained from Chief Controller). compressor conforming to exceeding 25 kilogramms, Specification 5;

electric or ordinary (iii) Passport size Photographs detonators not exce- of the occupier alongwith docu- eding 200 numbers, mentary evidence of nomination detonating fuse not as occupier as per rule 2;

exceeding 100 meters (iv) Licence fee as per Schedule and safety use not IV, Part-2.

exceeding 200 meters in a compressor mounted motor truck or tractor for use in well sinking

14. Licence to possess and 5(a) LE-5 Not necessary as per sub-rule (4) (i) Form AE-5; sale from a shop, at any of rule 101. (ii) Plans of the shop showing one time, not exceeding storage capacity, approach 25 kilogramms of small road, surrounding facilities arms nitrocompound . specifically indicating com- pliance of sub-rule (3) of rule 86;

(iii)Passport size photograph of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(iv)Licence fee as per Schedule IV, Part 2.

15. Licence to possess and 5(b) LE-5 Not necessary as per sub-rule (4) (i) Form AE-5; sale from a shop at any of rule 101. (ii) Plans of the shop showing one time, not exceeding storage capacity, approach road, 100 kilogrammes of surrounding facilities manufactured fireworks specifically indicating com- of class 7, division 2, pliance of sub-rule (3) of rule 86;

sub-division 2 and 500 (iii)Passport size photograph kilogramms of Chinese of the occupier alongwith crackers or sparklers. documentary evidence of nomination as occupier as per rule 2;

(iv) Licence fee as per Schedule IV, Part 2.

16. Licence to possess and 5(c ) LE-5 Not necessary as per sub rule (4) (i) Form AE-5; sale from a shop, at any of rule 101 (ii) Plans of the shop showing one time, not exceeding storage capacity, approach road, 2000 nos. of pyrotechnic surrounding facilities device explosives of specifically indicating com- class 6 division 1. pliance of sub-rule (3) of rule 86;

(iii) Passport size photograph of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(iv) Licence fee as per Schedule IV, Part 2.

17. Licence to possess for 5(d) LE-5 Not necessary as per sub rule (4) (i) Form AE-5; use gunpowder not of rule 101 (ii) Plans of the shop showing exceeding 5 kilogramms storage capacity, approach road, and safety fuse not surrounding facilities exceeding 50 meters in specifically indicating com- the states of Bihar, West pliance of sub-rule (3) of rule 86; Bengal, Kerala and (iii)Passport size photograph of Tamil Nadu the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(iv)Licence fee as per Schedule IV, Part 2.

18. Licence to possess, 5(e) LE-5 Not necessary as per sub rule (4) (i) Form AE-5; for use of small arms of rule 101 (ii) Plans of the shop showing nitrocompound not storage capacity, approach road, exceeding 5 kilogramms surrounding facilities in the state of Kerala. specifically indicating com- pliance of sub-rule (3) of rule 86;

(iii)Passport size photograph of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;

(iv)Licence fee as per Schedule IV, Part 2.

19. Licence to possess and 5(f) LE-5 Not necessary as per sub rule (i) Form AE-5; sale from a shop manu- (4) of rule 101. (ii) Plans of the shop showing factured fireworks of storage capacity, approach road, class 7, division 2, sub- surrounding facilities division 2 exceeding 100 specifically indicating com- kilogramms but not pliance of sub-rule (3) of rule 86;

exceeding 300 kilogramms (iii)Passport size photograph of and Chinese crackers or the occupier alongwith sparklers exceeding 500 documentary evidence of kilogramms but not exce- nomination as occupier as per eding 1200 kilogramms rule 2;

(iv) No Objection Certificate with approved plan by District Magistrate (v)Licence fee as per Schedule IV, Part 2.

20. Licence to possess and 6 LE-6 Not necessary as per sub rule (i) Form AE-6; use fireworks for public (4) of rule 101. (ii) Site Plan for display of display fireworks;

(iii) Passport size photographs of the occupier alongwith docu- mentary evidence of nomination as occupier as per rule 2;

(iv) Licence fee as per schedule IV Part 2;

(v) Public liability insurance.

21. Licence to transport 7 LE-7 (i) Form AE-7; (i) Form AE-7; explosives in a road van (ii) Plans of the proposed (ii)Plans of the Explosives Explosives Van as per Specifica- Van as per Specification.4; tion 4; (iii) Completion certificate

(iii) Passport size photographs of (iv) Attested copy of registration the occupier along with docu- certificate of the vehicle;

mentary evidence of nomination (v)No objection certificate from as occupier as per rule 2; District Magistrate (not applicable

(iv) Scrutiny fee as per Schedule where the applicant is holder IV, Part-2. of licence for possession of explosives for sale or use in which case a copy of the said licence to be submitted);

(vi) Passport size photographs of the occupier alongwith docu- mentary evidence of nomination as occupier as per rule 2;

(vii)Licence fee as per Schedule IV Part 2.

22. Licence to import or 8 LE-8 Not necessary as per sub rule (i) Form AE-8; export explosives (4) of rule 101. (ii) Passport size photographs of otherwise than by land the occupier alongwith docu- mentary evidence of nomination as occupier as per rule 2 or exporter;

(iii) Licence fee as per Schedule

23. Licence to manufacture, 9 LE-9 (i) Form AE-1; (i) Form AE-9; possess, sale, use etc. (SPE- (ii) Plans of the proposed (ii)Plans of the proposed of explosives not provi- CIAL) buildings and the site showing buildings and the site showing ded in articles 1 to 8 of full approach road, network to full approach road, network to Part 1 of Schedule IV. the factory or premises, all the factory or premises, all buildings, mounds, safety buildings, mounds, safety distances, plant, equipments, distances, plant, equipment, explosives limit, man limit, annual explosives limit, man limit, annual capacity, as the case may be; capacity , as the case may be;

(iii) Any other document(s) as (iii) Any other document(s) as may be required by the Chief may be required by the Chief Controller; Controller;

(iv) Passport size photograph of (iv) No objection certificate with the occupier alongwith docu- approved Plan from District mentary evidence of nomination Magistrate;

as occupier as per rule 2;

(v) Scrutiny fee as per Schedule (v) Completion certificate; IV, Part 2.

(vi) Passport size photographs of the occupier alongwith docu- mentary evidence of nomination as occupier as per rule 2;

(vii) Licence fee as per Schedule

24. Shot firer's Certificate 10 LE-10 Not required. (i) Form AE-10;

(ii) 2 copies of passport size photograph;

(iii) Proof of date of birth;

(iv) Certificate of educational qualification and experience;

(v) Medical fitness certificate;

(vi) No objection certificate from In-charge of Police Station,(not required in case competency is required only for blasting in connection with testing of explosives in a factory or recognised laboratory);

(vii) Fee as per Schedule IV,

25. Foreman's Certificate LE-11 Not required. (i) Form AE-11;

(ii) 2 copies of passport size photograph;

(iii) Proof of date of birth;

(iv) Certificate of educational qualification and experience;

(v) Medical fitness certificate;

(vi) Fee as per Schedule IV,

114. Refusal to grant approval or 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.

115. Cancellation of no objection certificate.—(1) No objection certificate granted under rule 103, may be cancelled by the authority issuing the same or authority superior to it, if such authority is satisfied, that—

(a) the licensee has ceased to have any right for the lawful possession over the licensed premises;

(b) the licensee is convicted and sentenced for any criminal offence or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour;

(c) the cancellation of no objection certificate is absolutely necessary for public peace and safety:

Provided that before cancellation of the no objection certificate, the licensee shall be given a reasonable opportunity of being heard.

(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.

116. Refusal to amend or renew a licence.—(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.

117. Restriction on quantity or period.—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.

118. Suspension and revocation or cancellation of licence.—(1) Every licence granted under these rules shall— (I) stand cancelled, if—

(a) the licensee has ceased to have any right for the lawful possession over the licensed premises;

(b) the licensee is convicted and sentenced under any criminal offences or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973( 2 of 1974), a bond for keeping peace for good behaviour.

(II) stand cancelled, if the no-objection certificate is cancelled by the authority issuing the same or District Magistrate or the State Government in accordance with rule 115.

(III) be liable to be suspended or cancelled 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.

119. Procedure on expiry, suspension or revocation or cancellation of licence.—(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.

120. Refusal or withdrawal of shot firer's certificate.—(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.

121. Provision for appeal.—(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 6F of the Act .

122. Procedure to be followed by the appellate authority.—(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.

123. Procedure on death or disability of licensee.—

(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.

124. Loss of licence.—Where a licence granted under these rules or an authenticated copy granted thereof, is lost or accidentally destroyed, a duplicate may be granted on payment of fees, specified in Part 2 of Schedule IV.

Powers vested with Authorities

125. Power of officers to demand licence or pass.—

(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.

126. Executive control over authorities.—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.

127. Power of officers to prevent dangerous practices.—(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.

128. Powers of search and seizure.—(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 Authority Jurisdiction The Chief Controller or All parts of India Controller All District Magistrates Their respective jurisdiction All Executive Magistrates Their respective jurisdiction subordinate to the District Magistrate All Commissioners of Police Their respective jurisdiction or Police Officers of rank not below that of a Sub-Inspector of Police The Director General of Mines or officers Their respective jurisdiction subordinate to him

(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 forth with 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.

129. Power to destroy explosives and ingredients thereof. —(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.

130. Procedure on reports of infringement— 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.

Chapter X Accidents, Enquiries and Reports

131. Notice of accident.—(1) The notice of an accident required to be given under section 8 of the Act shall be given within twenty four hours of the happening of the accident by telephone, telegram, E-mail, fax or in any other electronic mode or by special messenger followed by a written report signed by the occupier or authorised person to the same authorities giving particulars of circumstances leading o accident, loss of human life, injury to persons, damage to property, emergency action taken etc, to the—

(a) Chief Controller;

(b) Controller in whose jurisdiction accident has taken place;

(c) District Magistrate; and

(d) Officer-in-charge of the nearest police station.

(2) Pending the visit of the Chief Controller, or his 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.

132. Procedure at courts of inquiry.—(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.

133. Inquiry into accident.—(1) Whenever a District Magistrate, holds an inquiry under sub-section (1) of section 9A 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.

134. Inquiry into more serious accidents.—(1) Whenever an inquiry is held under section 9A of the Act, the persons holding such inquiry shall hold the same in open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accidents and enabling them to make the report under this rule :

Provided that where the Central Government so directs the inquiry may be held in-camera.

(1) Whenever an inquiry under sub-rule (1) is held by a person other than the Chief Controller, such person shall arrange for the Chief Controller to be represented at such inquiry including any adjournment thereof. The person holding the inquiry shall, at least twenty one days before holding the inquiry or any adjourned inquiry, send to the Chief Controller a notice in writing of the time and place of holding such inquiry. The Chief Controller may attend in person or send a representative and in either case, he shall have power to examine witnesses where he so desires.

Chapter XI Administrative and Penal Actions

135. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under the Act and these rules in respect of anything which is done or intended to be done in good faith in pursuance of the Act and these rules made or orders or directions issued there under.

136. Administrative action after inspection for violation.—(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.

137. Communication of administrative action on grant of licence.—(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.

138. Communication of administrative action on suspension or cancellation of licence.—(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.

139. Repeal and Savings.—(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.

SCHEDULE— I Classification of explosives (see rule 4) Explosives are divided into 8 classes as follows :

Class 1 Gunpowder Class Class 5 Fulminate Class Class 6 Ammunition Class Class 7 Fireworks Class Class 8 Liquid Oxygen Explosives Class.

“Gunpowder” means gunpowder ordinarily so called.

Class 2—Nitrate Mixture Class "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 as per chlorate 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 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 1 that is explosives such as Tri-nitro-toluene (T.N.T.) etc.

Class 4-Chlorate mixture Class

(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.

Class 5 -Fulminate Class

(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 & 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.

(5) Sub-division 1 of Division 2 fireworks comprises low hazard 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 [Chinese crackers, serpents, etc.]

(6) Sub-division 2 of Division 2 of fireworks comprises high hazard 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. Class 8-Liquid Oxygen Explosives Class "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. Part —2 UN Classification of Explosives 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 U N Classification of dangerous goods have been made as U N 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: Division 1.1 (U N Class 1 Division 1): Substances and articles which have a mass explosion hazard e.g., Gun powder, class 3 explosives, Detonators (ordinary or electric), Detonating fuse, shaped charge, demolition charge, boosters, tetryl, smoke less powder, fireworks composition etc.

Division 1.2 (U N Class 1 Division 2): Substances and articles, which have a projection, hazard but not a mass explosion hazard.

Division 1.3 (U N Class 1 Division 3): Substances and articles, which have a fire hazard and either a minor blast hazard or a minor projection hazard or both but not, a mass explosion hazard. Division 1.4 (U N Class 1 Division 4): Substances and articles, which present no significant hazard, e.g., practice grenades, Safety fuse, fireworks, Division 1.5 (U N Class 1 Division 5): Very insensitive substances, which have a mass explosion, hazard e.g., non- cap sensitive class 2 explosives.

Division 1.6 (U N Class 1 Division 6): Extremely insensitive articles, which do not have a mass explosion hazard. 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 U N 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.

Part - 3 Table - 1 Compatibility Groups Pertaining to UN Classification of Explosives: - The Compatibility Group pertaining to U N Classification Codes of hazardous goods for the purpose of packaging for transport, import and export shall be as follows:

Serial No. Compatibility Group Description of substance or article to be classified 1 A Primary explosive substance 2 B Article containing a primary explosive and not containing two or more independent safety features 3 C Propellant explosive substance or other deflagrating explosive substance or article containing such explosive substance 4 D Secondary detonating explosive substance or black powder or article containing a secondary detonating explosive substance, in each case without means of initiation and without a propelling charge, or article containing a primary explosive substance and containing two or more independent safety features 5 E Article containing a secondary detonating explosive substance, without means of initiation with a propelling charge (other than one containing an inflammable or hypergolic liquid) 6 F Article containing a secondary detonating explosive substance, without means of initiation, with a propelling charge (other than one containing an inflammable or hypergolic liquid) or without a propelling charge 7 G Pyrotechnic substance or article containing a pyrotechnic substance or article containing both an explosive substance and an illuminating, incendiary lachrymatory or smoke-producing substance (other than a water-activated article or one containing white phosphorus, phosphide or inflammable liquid or gel) 8 H Article containing both an explosive substance and white phosphorus 9 J Article containing both an explosive substance and an inflammable liquid or gel 10 K Article containing both an explosive substance and a toxic chemical agent 11 L Explosive substance or article containing an explosive substance and presenting a special risk needing isolation or each type 12 S Substance or article so packed or designed that any hazardous effects arising from accidental functioning are confirmed within the package unless the package has been degraded by fire, in which case all blast or projection effects are limited to the extent that they do not significantly hinder or prohibit fire-fighting or other emergency response efforts in the immediate vicinity of the package.

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 Scheme of classification of goods of class 1 Compatibility Group Hazard Division 1.5 1.5D Table - 3 A Yes No No No No No No C No No* Yes Yes Yes No Yes D No No* Yes Yes Yes No Yes E No No* Yes Yes Yes No Yes G No No No No No No Yes S No Yes Yes Yes Yes Yes Yes Schedule II Methods of packing of explosives for inland transport.

(See rules 14 and 15)

(1) In this Schedule, unless the context otherwise requires, the expression,-

(a) "outer package" means a box, barrel, case or cylinder of wood, metal, or corrugated boxes or other solid material, of such strength, construction and character as not to be liable to be broken or accidentally opened, or to become defective or insecure or to allow an explosive to escape;

(b) "inner package" means a substantial case, bag, canister, card board or other receptacle, made and closed so as to prevent any explosive from escaping;

(c) "propellant" means an authorised explosive of the class 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.

TABLE

Item Class Method of packing Quantity in any one Quantity in any No. outer package one inner package 1 Class 1 When the quantity in any one consignment does not exceed 2.5 kilogrammes , a single outer package.

When the quantity exceeds 2.5 kilogrammes a 50 kilogrammes double package, the inner and outer packages being Provided that where gun- as defined in clause (1) of this Schedule. Inner powder and propellants Packages if made of metal shall be secured by are packed together the 2.5 kilogrammes cushioning material. amount shall not exceed 25 Kilogrammes 2 Class 2 The material except site mixed Ammonium Nitrate 25 Kilogrammes 12.5 Kilogrammes Fuel Oil explosive shall be suitably cartridged in wrappings made of suitable plastic material or papers so as to make it impermeable and protect from damp.

Further packing as for Class 1.

3 Site Mixed As approved by Chief Controller Ammonium Nitrate Fuel Oil mixture (ANFO) 4 Class 3 The material shall be cartridged in wrappings made 25 Kilogrammes 2.5 Kilogrammes Division 1 of paper or polythene that has been made other than impermeable. The wrapping should also protect the propellants material from damp. Further packing as for Class 1, provided that either the outer or inner package shall be thoroughly waterproof and no metal shall be used in the construction of the packages, except that (1) nails made of brass, zinc or other soft metal or coated with the same may be used for securing the outer pac- kage, and (2) wire stitching may be used for securing the inner package if the wire is effectively prevented from coming into contact with the explosive by means of a sheet of stout cardboard or otherwise.

5. Class 3 As for Class 1 25 Kilogrammes 2.5 Kilogrammes Division 1 propellants.

6 Class 3 As for Class 1 25 Kilogrammes 2.5 Kilogrammes Division 2 Other than Picric Acid, Wet Gun Cotton Penta Erythritol Tetranitrate

RDX,

Tri-nitro Resorcinol (Styphnic Alid)

7. Picric Acid As for Class 1 Unlimited Unlimited

8. Gun As for Class 1, provided that the inner or outer Unlimited Unlimited Cotton package or both of them shall be of such nature, so wetted and so closed, as to prevent any material loss with water of moisture.

as to be absolutely un-inflamm- able

9. Penta- In double package, the inner package shall be a 22.5 Kilogrammes 11.25 Kilogrammes Erythritol polythene bag closed at the top with twine thread (dry basis) (dry basis) Tetranitrate and placed in a bright tin container. Both the (P.E.T.N bag and the tin container shall be so closed as to Penthrite) prevent any material loss of moisture. The outer containing package shall be as defined in clause (1) of the 25% of Schedule and so closed as to prevent any material moisture loss of moisture.

10. RDX As for PETN 22.5 Kilogrammes 11.25 Kilogrammes

11. Tri- Nitro- As for Class 1, provided that Tri-nitro-Resorcinol 25 Kilogrammes 25 Kilogrammes Resorcinol (Styphnic Acid) shall be wetted with not less than of wet explosive of wet explosive (Styphnic 20% of water calculated on the wet explosives and Acid) that the inner package shall be a substantial bag, case or canister so made and closed as to prevent any loss of moisture or escape of explosives.

12. Class 4 As for Class 3, Division 1, other than propellants. 25 Kilogrammes 2.5 Kilogrammes Division 1

13. Class 4 As for Class 1 25 Kilogrammes . 2.5 Kilogrammes Division 2

14. Class 5 The explosives shall be packed wet containing not 100 Kilogrammes . 12.5 Kilogrammes less than 25% water, and shall in this condition be enclosed in a treble package; the inner most package containing the wet cloth or other suitable material of close mesh but permeable to water; the intermediate package shall contain all the individual packages and sufficient water to keep the explosive in them cons- tantly wet, and may, consistent with the requirements of the security of the whole package, be in the form of a rubber bag, or of a case, or of such special lining to the other packages as will efficiently attain this object, and it must itself be constantly surrounded by or saturated with water, the outer package contai- ning sufficient water constantly to surround the case. Both the intermediate package and the outer package shall be of such construction and material as will not allow water to escape.

15. Class 6, A single outer package. Provided that clause (3) Unlimited Division 1, of this Schedule shall not apply to explosives of other than this Division:

Pin-fire Provided also that bulleted cartridges of a calibre cartridges exceeding 1.27 centimetres. And belonging to this for pistols. Division shall be packed in such a manner that the point of any bullet cannot come in contact with the cap of another cartridge.

16. Pin-fire (a) Not exceeding 50 in number in any one 2500 in number 50 in number cartridges consignment—So packed in a single package for pistols that the bases lie alternately in opposite directions. The bases and pins shall be so fitted into perforations in millboard or other suitable material as to prevent the firing of any one of the said cartridges by an explosion in any other of the said cartridges.

(b) Exceeding 50 number-In an inner and outer package, the cartridges being packed in inner packages with millboards as above required.

17. Class 6, Explosives made up into cartridges or charges for 2500 in number 50 in number Division 2 cannon, shell, torpedoes, mines, blasting or other like purposes shall be packed in such manner and in such quantity as is required for the same explosive when not so made up:

Provided that, where a double package is required, the enclosing ease of such cartridges or charges may, if it satisfies the conditions required for an inner packages, be deemed to be such inner package.

Other ammunition of this Division-A single outer package.

18. Class 6 As for Class 1 10,000 in number 1,000 in number Division 3, Provided that bulleted cartridges of a calibre other than exceeding 1.27 centimetres. And belonging to this Detonators Division shall be packed in such a manner that the and Electric point of any bullet cannot come in contact with the Detonators cap of another cartridge.

(a) Not exceeding 1,000 in any one consignment.

As for Class 1, provided that the detonators and the spaces between the same and between the sides of the inner package and the said detonators shall all be filled as far as practicable, with fine sawdust or other similar material; a layer of felt or other soft yielding material shall be placed between both ends of all the deto- nators and the interior of the inner package in which the same are placed, in such manner and so secured, that both ends of the detonators will rest upon the said cotton wool or other material, every inner package, if of metal to be lined throughout with the paper or other soft material.

(b) Exceeding 1,000 detonators. The detonators shall be packed in inner packages, with sawdust and cotton wool as above described. Such inner packages shall be placed inside a substantial case of wood or metal, made and closed so as to prevent any of the inner packages escaping there from, and such case shall be placed inside an outer package in such manner and so secured as to leave a clear space of not less than 7.5 centimetres. Between the case and every part of the interior of the said outer packages, notwith- standing that such clear space may, if preferred be filled with sawdust, straw or other similar material or may contain a light framework or battens of wood to keep the case aforesaid in position in the outer package.

(c) Where the number of detonators exceeds 5,000 such other packages shall be provided with handles or other contrivance, by means of which it can be safely and conveniently carried.

20. Electric As for Class 1, provided that the number in any 2,000 in number 100 in number Detonators outer package shall not exceeds 2,000.

21. Class 7 Double package, the inner package being 10 Kilogrammes 0.5 Kilogrammes Division 1 hermetically closed and contained in an outer package as above defined.

22. Class 7 Double package, the inner and outer packages made 50 Kilogrammes Division 2 of wood being as defined in clause (1) of this Sub- Schedule. Inner Packages made of card board.

division 1, 2 and 3 except serpents and paper caps or amerces 23 Class 7 Double package, the inner and outer packages being 20 Kilogrammes Division 2 as defined in clause (1) of this Schedule. Inner Sub-division Packages made of card board 1, 2 and 3 except serpents and paper caps or amerces 24 Class 7 Double package, the inner and outer packages being 15 Kilogrammes Division 2 as defined in clause (1) of this Schedule. Inner Sub-division Packages shall be filled with cotton or suitable 1for serpents material to protect from breakage of serpents palates 25 Class 7 Double package, the inner and outer packages 2.8 Kilogrammes Division 2 made of wood being as defined in clause (1) of this Sub-division Schedule. Inner Packages shall be made as per 2 for paper rule 34 caps or amerces 26 Class 7 Double package, the inner and outer packages 1.4 Kilogrammes Division 2 corrugated boxes being as defined in clause (1) of Sub-division this Schedule. Inner Packages shall be made as per 2 for paper rule 34 caps or amerces 27 Class 7 Single out package and inside of outer box shall be 25 Kilogrammes -- Division 3 secured by cushioning material 28 Class 7, Single outer package provided that clause (3) of 50 Kilogrammes . -- Division 4 this Schedule shall not apply. or as approved by Armed Forces of the Union

29. Class 8, Cartridges packed and transported for immediate -- -- L.O.X. use in insulated packing boxes of a design (Liquid approved by the Chief Controller Oxygen Explosives Part - 2 Methods of packing of explosives for import and export (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 U N 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.

Schedule III Methods of testing ( see rule 48) An explosive of the 3rd (Nitro-compound) Class or of the 4th (Chlorate-mixture) Class shall comply with the tests set forth in this Schedule as applicable to such explosive. Heat test as applied to explosives

1. Apparatus and materials employed Specifi- Pattern Article cation No.

A Acid, Acetic 56.8 cubic centimetres. Bottle 1 I Balance 1 III Bath, water, for hot water heating * 1 IV Beaker, glass, 1 1/3 litres 1 V Bottle, dropper, brown glass, 28.4 cubic 1 centimetres. (for glycerine and water mixture) VI Bottle, glass-stoppered, brown glass, 28.4 cubic 1 centimetres (for standard tint papers) VII Bottle, glass-stoppered, brown glass, 1 56.8 cubic centimetres (for test papers) VIII Brush, cleaning 2 IX Brush, cleaning, test tube 1 X Burner, gas, Argand, and screen 1 XI Caps, for test tubes Sufficient supply B XII Chalk, French Sufficient supply XIII Forceps, lifting, heat test papers 1 XIV Funnel, aluminium 1 Glycerine 28.4 cubic centimetres bottle 1 XVI Knife, cordite 1 XVII Lid, Water bath 1 SVIII Mill, cordite 1 XIX Needle, piercing, heat test papers 1 D Paper, filter Sufficient supply Papers, filter, 5.5 centimetres. -Do- XXI Papers, standard tint -Do- E Papers, test -Do- XXII Pestle and mortar, wedgwoodware 1 XXIII Plate, glass, resting heat test papers on when piercing 1 XXIV Rings, rubber, test tube Sufficient supply XXV Rod, glass, flat-headed 1 XXVI Rods, glass, platinum wire hook 6 XXVII Scoop, aluminium 1 XXVIII Screen, burner for water bath 1 XXIX Sieves, rectangular, tinned, brass wire 1 XXX Sieves with lid and base, Circular brass A set XXXI Spatula, horn 1 XXXII Stand, heat test tubes 1 XXXIII Stand, water bath 1 XXXIV Stoppers, rubber, perforated Sufficient supply XXXV Thermometers, glass, and wood case 2 XXXVI Trays, aluminium 6 XXXVII Tray, cordite knife 1 XXXVIII Tubes, heat test Sufficient supply XXXIX Tubes, standard tint paper 1 XL Tubing, rubber, Argand gas burner Sufficient supply XLI Weights, gramme and forecps in box A set *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. Specification —acid, acetic The acetic acid is to be clear, colourless and free from all impurities, and is not to contain less than 96 per cent CH COOH. When 1 cubic centimetre. Of N/10 potassium permanganate solution is added to 100 cubic centimetres of the acetic acid maintained at 15oC, 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. Specification —chalk, french 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 CaCo . 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 100oC till constant in weight, and then exposed under a bell-jar to saturated atmosphere at 15oC to 20oC 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. Specification—paper, filters 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 100o 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 (Cu O).

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.

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

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