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  Introduction to Explosives Rules, 1983
Introduction of Explosive Rules, 1983  
Explosive Rules, 1983


Explosives Rules deal with condenced explosives like high explosives ( dynamite, detonators etc. ) fireworks, low explosives ( safety fuse etc. ) The type of explosives have been catogarised as category X,Y, Z, and ZZ and for various purposes, either licence or approval is required.
The salient feature of Explosives Rules have been stated in the “Introduction Part “. The purpose for which licences are required have been stated in ‘Licensed Premises’ and the purpose for which approval is required have been stated in ‘Approved Premises’. Licence is required for manufacture, storage, ( possession ) for sale and/or use, transport, import, export of explosives, display of fireworks or for special purpose not covered in the Rules.
The details regarding Shot Firer’s permit have been stated in ‘Licensed Premises’. Approval is required for manufacture of portable Magazine, Explosives Carrying Boxes, Authorisation of Explosives, Issue of Foreman Certificate, Acetylene Generator and BMD system.
 

Objective, definition, enforcement, exemption etc. in the Explosives Rules, 1983.  

        Objective of the Explosives Rules: The Explosives Rules,1983 were framed to regulate the manufacture, possession, sale, use, transportation, importation etc. of condensed explosives.  

Some important Definitions

  • Explosives” means gunpowder, nitrogycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene-trinitramine, penta-erythritol-tetranitrate, tetry1, nitorguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other substance, whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause; (see item d of section 4 of the Explosives Act, 1884).  

Authorised explosives:  

  • ANFO” means an explosives mixture of ammonium nitrate and fuel oil.

  • Amorces in the form of caps or tapes for toy pistol consisting of dots of explosives composition (mixture of potassium chlorate, sulpher, red phosphorous & gum) approved by the Chief Controller and in proportion not exceeding 4.5 grams of composition to every 1000  

  • Black” means gun powder containing potassium nitrate ,sulpher and charcoal  

  • Chinese Cracker” having paper shells of size not exceeding 75 mm in length and 15 mm in diameter containing gunpowder, nitrate mixture or white powder mixture or an explosive composition approved by the Chief Controller.  

  • Crackers commonly known as “Atom Bombs” made with gunpowder nitrate mixture or an explosive composition (white powder) approved by the Chief Controller, wrapped up in a paper and tied round with string the whole not exceeding 25 grams in weight, 40 mm in length and 20 mm in diameter  

  • Detonator” means a small tube of aluminium or copper or other materials approved by the Chief Controller-  

a)   One end of which is closed and the other –  

(i) Left open of 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 other tube similarly constructed and charged;  

  • Fireworks “ means coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals,  quick fuses  

  • Liquid Oxygen Explosives (LOX)” 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  

  • "Magazine” means a building specially constructed in accordance with a design approved by the Chief Controller and intended for storage of more than 5 kg of explosives. Refer: -Specification no. 6 of Schedule VII  

  • Maroons” containing an explosive composition (white powder) in paper tube having diameter not more than of 25mm and length not more than 100mm and  weight as may be approved by the Chief Controller.  

  • "Protected works” includes –  

(a) Buildings in which persons dwell, work or assemble, college school, hospital, theatre, cinema house, factory, place of storage of hazardous substances;

(b) Any public road or railway line or navigable waterways or dams and reservoirs;  

c)  Overhead trunk high-tension power lines; but does not include footpath, cart tracks not in regular use, agricultural wells and pump sets connected there

  • Rocket” of size not exceeding 76 mm in length and 25.4 mm in diameter provided it is not a metal case and fitted wooden stick containing gun powder as propellant  

  • "Safety cartridge” means a cartridge for small arms having a diameter not exceeding 2.5 cm 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  

  • 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

  • Sparklers” (including Electric Sparklers) each consisting of wire having affixed thereto a mixture of nitrate of barium, aluminium powder, magnesium powder, iron filings, dextrin and gum, the total weight of composition so fixed to each such wire not to exceed 22 grams provided that such sparklers shall be so constructed as not to allow any hot residue to become detached either during, or after combustion

  • Store house” means a building other than a magazine for storage of certain types of explosives Example:- fireworks, sparklers, safety fuse. Refer: -Specification no. 7 of Schedule VII  

  • White powder mixture” means  an explosives mixture of barium nitrate, potassium nitrate, sulpher, aluminium powder or aluminium chips, alloy chips etc  

For detailed definitions of more other terms, please see rule 2 of the Explosives Rules,1983 and the list of authorised explosives annexed to the said Rules.  

Catagorisation of Explosives (see rule 4)  

  1. Explosives are divided into four categories according to the risks which they present when initiated, namely –  

    1. Category X – Those explosives, which have a fire or a slight explosion risk or both but the effect of which will be local. Example: -fireworks, sparklers etc  

    2. Category Y – Those explosives, which have a mass fire risk or a moderate explosion risk, but not the risk of mass explosion. Example: -Igniter cord, safety electric fuses, safety fuse, fuse head etc

    3. Category Z – Those explosives, which have a mass explosion risk and major missile, effect. Example: Explosives of service origin like hand grenade etc.  

    4. Category ZZ – Those explosives, which have a mass explosion risk and minor missile effect. Example:-High Explosives, aquablast, apex gel, godyne,gelatine-90%, detonator, detonating fuse etc.

  2. If any question arises as to whether any explosives 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.  

The safety distance depends on the catagory of explosives. In this connection please see table of safety distances mentioned in the Schedule VIII to the Explosives Rules,1983. The explosives are also categorised by UN No.  

Classes of Explosives
(See Rule 3and Schedule I of the Explosives Rules,1983)  

Explosives are divided into 8 classes as follows:  

Class 1

Gunpowder  

Class 2

Nitrate-mixture  

Class 3

Nitro-compound  

Class 4

Chlorate-mixture  

Class 5

Fulminate  

Class 6

Ammunition  

Class 7

Fireworks  

Class 8

Liquid Oxygen Explosives

Class 1 – Gunpowder 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 a perchlorate and not being a chlorate-mixture, fulminate or nitro-compound as defined in this Schedule.

Class 3- Nitro-compound Class

  1.  “Nitro-compound” means any chemical compound which is possessed of explosive properties or is capable of combining with metals to  from 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-compounds further divided into 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 liquied nitro-compound that is such explosives as Ballistite, Blasting Gelatine, Cordite, Dynamite, Gelatine Dynamite, Gelignite, etc.  

  4. Division 2 comprising any nitro-compound, which is not comprised in Division 1 that is explosives such as Ammonal, E.C. Sporting Powder, gun-cotton, Picric Acid, Smokeless Dimond, Trinitro-toluol (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, Diazobenol and the Nitrate of Diazobenzol, Lead Azide and Tetrazine.  

Class 6—Ammunition Class  

  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 for 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.  

Class 7—Fireworks Class  

  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 of 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 gms 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.]20    

  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 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 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  

Enforcement

Department of Explosives enforces manufacture, possession, sale, use, transportation, importation, handling etc. of authorised explosives.  

Exemption

Explosives Rules 1983 is not applicable for Defence, Railways and Para Military Forces.

Forms of Licensing/Approving/Renewing/Amending Authority (See Rule 155 & schedule IV)  

Licensing Authority:  
 

Form of Licence

Purpose for which granted  

Authority empowered to grant  

Form 20

To manufacture explosives other than fireworks- Gunpowder, ANFO at site and Liquid Oxygen explosives  

Chief Controller  

Form 20

1[To manufacture fireworks and/or gunpowder

(i)  up to 15 kgs.

(ii) more than 15 kgs. and up to 200 kgs.  

District Authority

Controller of Explosives authorised by Chief Controller]

Form 20

To manufacture Fireworks and/or Gunpowder more than 200 kgs. at time.  

Chief Controller  

Form 38

To manufacture ANFO explosives at site.  

Controller of Explosives authorised by Chief Controller

Form 39

To manufacture liquid oxygen explosives.  

Chief Controller  

Form 21

To possess explosives for sale and not exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller  

Form 21

To possess explosives for sale  exceeding 2000 kgs. of Class 1,2,3,4 & 7 and any quantity of Class 5,6 and 8.  

Chief Controller  

Form 22

To possess explosives for use  not exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller  

Form 22

To possess explosives for use  exceeding 2000 kgs. of Class 1,2,3,4 & 7 and any quantity of Class 5,6, and 8.  

Chief Controller  

Form 24

2[To possess and sell from a shop small-arms nitro-compound not exceeding 25 kgs. or fireworks not exceeding 100 kgs. of Class 7 Division 2 sub-division 2, 1000 kgs. of Class 7 Division 2 sub-division 1, or gunpowder not exceeding 25 kgs. safety fuse not exceeding 5000 metres.]  

Controller of Explosives authorised by Chief Controller  

 

3[To possess and sell from a shop fireworks not exceeding 50 kgs. of Class 7, Division 2, sub-division 2; 400 kgs. of Class 7, Division 2, sub-division 1 or gunpowder not exceeding 15 kgs. and safety fuse not exceeding 5000 metres.]  

District Authority  

Form 23

To possess for own use Class 2 and/or Class 3 explosives not exceeding 5 kgs., electric or ordinary detonators not exceeding 10 numbers and safety fuse not exceeding 200 metres.  

District Authority  

Form 23

To possess for use small-arms nitro-compound not exceeding 5 kgs. in the State of Kerala.  

District Authority  

Form 23

To possess for use gunpowder not exceeding 5 kgs. and safety fuse not exceeding 50 metres in the State of Bihar, Kerala and West Bengal.  

District Authority  

Form 27

To import explosives.  

Chief Controller

Form 28

To export explosives.  

Chief Controller  

Form 26

To transport explosives  

Controller of Explosives  

Form 25

For road van  

Controller authorised  

Form 29

For public display of Fireworks.  

Control by Chief Controller 

Special Form

To manufacture explosives not provided in Ariticle 1  

Chief Controller  

       Approvals :

Purpose

Approving Authority

Approval of Portable Magazine  

Chief Controller of Explosives

Approval of Explosives Carrying Box

Chief Controller of Explosives

Authorisation of Explosives  

Chief Controller of Explosives

Issue of foreman certificate  

Controller of Explosives,   

Approval of acetylene generator  

Chief Controller of Explosives,   

Approval of BMD System

Chief Controller of Explosives

Renewing Authority:

Form of Licence

Purpose for which granted  

Authority empowered to grant  

Form 20

To manufacture explosives other than fireworks- Gunpowder, ANFO at site and Liquid Oxygen explosives  

Controller  

Form 20

1[To manufacture fireworks and/or gunpowder

(i)  up to 15 kgs.

(ii) more than 15 kgs. and up to 200 kgs.  

District Authority

Controller of Explosives, authorised by Chief Controller.]  

Form 20

To manufacture Fireworks and/or Gunpowder more than 200 kgs. at time.  

Controller 

Form 38

To manufacture ANFO explosives at site.  

Controller of Explosives authorised by Chief Controller

Form 39

To manufacture liquid oxygen explosives

Controller  

Form 21

To possess for sale explosives and exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller  

Form 21

To possess for sale explosives exceeding 2000 kgs. of Class 1,2,3,4 & 7 and any quantity of Class 5,6 and 8.  

Controller  

Form 22

To possess for use explosives not exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller

Amending Authority:  

Form of Licence

Purpose for which granted  

Authority empowered to amend  

Form 20

To manufacture explosives other than fireworks- Gunpowder, ANFO at site and Liquid Oxygen explosives  

Chief Controller  

Form 20

1[To manufacture fireworks and/or gunpowder

(i)  up to 15 kgs.

(ii) more than 15 kgs. and up to 200 kgs.  

District Authority

Controller of Explosives authorised by Chief Controller]

Form 20

To manufacture Fireworks and/or Gunpowder more than 200 kgs. at time.  

Chief Controller  

Form 38

To manufacture ANFO explosives at site.  

Controller of Explosives authorised by Chief Controller

Form 39

To manufacture liquid oxygen explosives.  

Chief Controller  

Form 21

To possess explosives for sale and not exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller  

Form 21

To possess explosives for sale  exceeding 2000 kgs. of Class 1,2,3,4 & 7 and any quantity of Class 5,6 and 8.  

Chief Controller  

Form 22

To possess explosives for use  not exceeding 2000 kgs. of Class 1,2,3,4 & 7 together with explosives of Class 6.  

Controller of Explosives authorised by Chief Controller  

Form 22

To possess explosives for use  exceeding 2000 kgs. of Class 1,2,3,4 & 7 and any quantity of Class 5,6, and 8.  

Chief Controller  

Form 24

2[To possess and sell from a shop small-arms nitro-compound not exceeding 25 kgs. or fireworks not exceeding 100 kgs. of Class 7 Division 2 sub-division 2, 1000 kgs. of Class 7 Division 2 sub-division 1, or gunpowder not exceeding 25 kgs. safety fuse not exceeding 10,000 metres.]  

Controller of Explosives authorised by Chief Controller  

 

3[To possess and sell from a shop fireworks not exceeding 50 kgs. of Class 7, Division 2, sub-division 2; 400 kgs. of Class 7, Division 2, sub-division 1 or gunpowder not exceeding 15 kgs. and safety fuse not exceeding 5000 metres.]  

District Authority  

Form 23

To possess for own use Class 2 and/or Class 3 explosives not exceeding 5 kgs., electric or ordinary detonators not exceeding 10 numbers and safety fuse not exceeding 200 metres.  

District Authority  

Form 23

To possess for use small-arms nitro-compound not exceeding 5 kgs. in the State of Kerala.  

District Authority  

Form 23

To possess for use gunpowder not exceeding 5 kgs. and safety fuse not exceeding 50 metres in the State of Bihar, Kerala and West Bengal.  

District Authority  

Form 27

To import explosives.  

Chief Controller

Form 28

To export explosives.  

Chief Controller  

Form 26

To transport explosives  

Controller of Explosives  

Form 25

For road van  

Controller authorised  

Form 29

For public display of Fireworks.  

Controller by Chief Controller 

Special Form

To manufacture explosives not provided in Ariticle 1  

Chief Controller  

       NB: The renewing & amending authority have been stated in the respective chapter/para dealing with the respective licence forms.  

 

LICENSING UNDER EXPLOSIVE RULES, 1983

Under the Explosives Rules, 1983, different types of licences are granted for different purposes.  The general exemption and various purposes, licence forms and licensing  authority have been stated earlier in the manual under the chapter ‘Authority & Responsibility of Department of Explosives’, and also under sub-chapter ‘Introduction of Explosives Rules, 1983’

Different purposes for different type of licences have been stated in left hand side buttons.  The detailed procedure as to what to submit, how to prepare the documents, how to fill up the forms, how to construct the premises, what the Department of Explosives checks and scrutinize, what are the various stages for grant of licence etc.have been mentioned in the appropriate purpose/forms of licences under the Explosives Rules, 1983.

Manufacture of  Explosive

Export of Explosives

Possession & Use of Explosives

Display of Fire Works

Possession & Sales of Explosives

Shot Firer's Permit

Explosives Van

Special Form Licences

Transport of Explosives

SMS

Import of Explosives

 

 

MANUFACTURE OF EXPLOSIVE 

Manufacture of Explosives is the most hazardous operation.  The hazards of explosives depend upon the type and category of explosives.  Therefore the safety provisions are different depending on manufacture of the type and category of explosives.  The detailed procedure as to what to submit, how to prepare the documents, how to fill up the forms, how to construct the premises, what the Department of Explosives checks and scrutinizes, what are the various stages for grant of licence etc., for the appropriate purpose/forms of licences have been stated in left hand side buttons

Manufacture of  High Explosive / Gunpowder / Fireworks / Sparklers / Safety Fuse

Manufacture of  ANFO

Manufacture of  LOX

 

Licence Form -20 ( Explosives Rules, 1983 )

1. Purpose of licence form 20 :

            The licence in form-20 under the Explosives Rules, 1983 is granted to manufacture Explosives eg., fire works, gun powder, high explosives, detonators in a factory premises .

Note :

  1. Please see licence form-20 given in the Explosives Rules, 1983 & Article 1(a)--(d) of Schedule IV to the  Explosives Rules, 1983.

  2. For definition of  fireworks, gunpowder and high explosives please see Schedule 1 to the Explosives Rules, 1983.

2. Licensing Authority  (i.e, the authority  empowered to grant the above said licence).

As per the Explosives Rules, 1983, there are different  licensing authorities for the manufacture of explosives depending on the quantity and type of explosives as under:

  1. For manufacture  of fire works/ gun powder not exceeding 15 kgs at a time, the licence is granted by the District Authority.

  2. For manufacture  of fire works/gun powder exceeding 15 kgs but not exceeding 200 kgs at a time, the licence is granted by the respective Circle office of the Department of Explosives.

  3. For manufacture of fireworks/gunpowder exceeding 200 kgs or for manufacture of any quantity of high explosives detonators, the licences are granted by the Chief Controller of Explosives, Nagpur.

3. Procedure : In this section the details of the following procedure are stated:

a)   

A. Grant of Licence:  Procedure at a glance :

Various on-line steps in sequence for grant of licence in form-20 are as under:

  • APPLICANT ACTION: First applicant submits  drawings and the other required documents to the licensing authority for getting construction approval of the proposed premises.

  • DEPARTMENTAL ACTION: If the documents are in order meeting all the safety provisions of Rules,DOE, on the basis of documents received from the applicant forwards it alongwith other documents to the concerned District Magistrate for NOC.

  • DA’s ACTION

  • DEPTT. ACTION : ON RECEIPT OF NOC, DRAWINGS

  • Approval of the drawing by the licensing authority for construction of the facilities in the proposed premises. 

  • APPLICATION ACTION: After completion of construction of the facilities, applicants submits drawings and the other required documents to the licensing authority for grant of licence of the factory premises.

  • DEPARTMENTAL ACTION : On scrutiny, if all the documents are found in order by the licensing authority.

  • Before actually sending the licence to the licencee by the officer of the Department of Explosives.

  • Department Inspection :  all factory premises inspected facilitates their distances etc are verified and if found confirming to Explosives Rules, licence are endorsed and sent to the licencee.

The detailed step by step procedure as stated above are as under:

Applicants Action:- Submission of documents by applicant for construction approval:

Applicant must submit the following documents to the licensing authority for prior approval for construction of facilities:

  • Application form-3 duly filled in and signed by the applicant/authorised employee. Typed copy of form-3 (given in the Explosives Rules, 1983) is acceptable. Please note that no column of the form should be left blank. Inapplicable columns should be filled as NA i.e., not applicable. Full postal address with pin code should be written. No overwriting or major corrections will be accepted. 

  • Application form 17 duly filled in and signed by the authorised person 

  • Six copies of drawings (blue print or computerized one without hand correction). Each copy of drawing must show the details of site, layout, construction, sectional, elevation view, blast walls/mounds, if applicable and necessary noting and write up as stated below:

    • plans of the proposed buildings and the site drawn to scale.  These site plan should show full approach road net work to the factory/or premises;

    • a description of situation, character and construction of all mounds, buildings (production, non-production, stores, administrative,  etc.) and safety distances observed by each building;

    • description of process/work to be carried out in each building or part, thereof;

    • a description of plant and equipment and its location provided in each building or part thereof;

    • a description of explosives and ingredients thereof, whether wholly or partially mixed that will be present in any building or machine at any one time;

    • a description of maximum number of persons to be employed and maximum quantity of explosives at any time in each building;

    • a description of any special constructions which the applicant may propose by reason of special circumstances, arising from the locations, situation or construction of any building or works, or the nature of process or otherwise;

    • prescribed scrutiny fee;

    • in case where applications is made in the name of a company, the names and addresses of Directors and partners and the name, address correspondence in respect of licence applied for.  Any change in such names and addresses should be immediately communicated to the licensing authority.

Regarding key plan: The approach road, National Highway, Survey No, Plot No, Khasra No. must be shown.

Regarding site: The site plan must show the proposed premises and details of all the structures like roads, road-directions, residential area, other buildings, structures, adjoining properties, name of the adjoining factories, approach road, the distances from the km stone, road junction etc beyond the safety zone radius on all sides around the proposed premises, as per scale. Specific clearance observed by the proposed premises with regards to the nearest building and any open source of fire or over-head electric line, if any should be clearly indicated.

Note:

  1. The purpose of the key/site plan is to identify and demarcate the location of the premises. In many cases the area up to the safety zone is open land and hence such cases does not fulfil the main purpose. Sometimes reference structures lie or located much beyond the safety zone. Therefore all such reference structures (even not coming within the scale of the drawing) for example the nearest km stone, road crossing with road directions, temple, village, schools, hospitals, canals, rivers, railway line or other such immovable reference structures along with approach road to the premises may also be incorporated in the site details for proper identification of the location and approach to the premises.

  2. The applicant should ensure and confirm that the site selected for the proposed premises should have a clear title or undisputed legal status.

  3. The proposed premises should have proper access and approach road for the purpose of inspection, fire-fighting and rescue operation, movement of fire-tenders etc.

  4. The purpose of the site plan is to identify and demarcate the location of the premises. In many cases the area up to safety zone is open land and hence such cases does not fulfill the main purpose. Sometimes reference structures lie or located much beyond the safety zone. Therefore all such reference structures (even not coming within the scale of the drawing) for example the nearest km stone, road crossing with road directions, temple, village, schools, hospitals, canals, rivers, railway line or other such immovable reference structures along with approach road to the premises may also be incorporated in the site details for proper identification of the location and approach to the premises.

  5. The proposed premises should have proper access and approach road for the purpose of movement of explosive van, inspection, fire-fighting and rescue operation, movement of fire-tenders etc.

  6. The proposed site should no way interfere or bring legal confrontation with other Acts and Rules administered by the Central Govt., State Govt., local authority etc. and in no way adversely affect the public interest.

  7.  The proposed site should have preferably open land surrounding it and should not be vulnerable to natural calamities.

Regarding layout:    purpose

This depends on type of explosives and will be

stated later during describing manufacture of 

 Regarding sectional view:   

Different type of explosives

Regarding mound:    purpose

Regarding noting:    purpose

Departmental Action : Forwarding of draft licence to DM for NOC.

 The documents submitted by the applicant are verified and proper scrutiny are exercised as follows:-

  • The application form-3 submitted by the party are checked to confirm that the proper mailing address, signature of the party and all other relevant columns have been duly filled in by the applicant. No overwriting or major corrections are entertained. Minor correction if any, are attested by the applicant.

  • The application form 17 is duly filled in and signed showing the distances actually observed.

Verification of drawing
The following check are carried out:-
In the site plan of the drawing whether proper road direction with approach has been shown for exact identification of location. Khasra no., distances from other existing structures etc. has to be shown in the plan. If most of the distances have been given but in case there is any inadvertent omission regarding distance from proposed premises to few surrounding structure/facilities then such distance(s) will be read as per scale given in the drawing.
Sectional view and mounds if required must properly shown or not. Necessary noting and full address of the situation of the premises  have been incorporated in the drawing. Drawing should preferably be signed by the applicant or authorised employee (in case of company). Any other additional instruction of CCE/Licensing authority and various guideline have to be complied with.
After necessary scrutiny of documents as referred above if, the documents are found in order and conforming to the Explosives Rules-1983, then draft licence alongwith form-3, form-18 drawing are forwarded to the concerned District Magistrate under intimation to the party.  During forwarding for NOC, the District Magistrate is informed regarding the provision of relevant  rules of the Explosives Rules 1983.
Issue of NOC
: DA’s Action : The party has to ensure that construction of facilities and the premises are confined within the NOC land.
Department Action
:  After receipt of draft licence alongwith its enclosure and NOC from the concerned District Magistrate the approval is accorded for construction of premises to the party with advice to submit the required documents for grant of licence after completion of the construction as per the approved drawing. The licensing authority may impose conditions as deemed proper. Approval is generally given for a certain period. In many cases it is seen that after taking approval and laps of considerable time and party even does not apply for grant of license for one reason or the other. In the mean time if Rules are amended or revised and the revised executive orders from Chief Controller of Explosives, Nagpur are issued then this entails complicated situation both for the party and the licensing authority. To overcome these difficulties, approval is considered valid for 6 month and may be renewable for another 6 months on request. After receipt of the approval, the party may start construction of the facilities in the proposed premises as per the approved drawing and after completion of the construction the documents are submitted by the party for grant of license.

  1. It is stated that as per Explosives Rules, constructional approval is issued only after receipt of NOC from District Authority. In some cases it is seen that the NOC is considerably delayed and as a consequence, grant of approval is accordingly.  In this connection it is pertinent to add that as per sub rule 9 of rule 156 of the Explosives Rules 1983, “The district authority shall complete his enquiry under sub rules (4) to (7) and forward the report to the licensing authority as expeditiously as possible but not latter than six months of the date of reference made by the licensing authority”.

  2. The purpose of NOC is to ensure the lawful possession of the site and verification of antecedent of the applicant.

 Submission of documents by the applicants for grant of licence (Applicant Action):-

After completion of the facilities the applicant is required to submit the following documents:-  

  1. Appropriate Bank Draft as licence fee payable in same manner as mentioned during approval.

  2. Application Form-4 duly filled and signed.

  3. Specimen signature of the applicant/authorised person to  verify the reference  to initial application filled by the   applicant or authorised person of the company.

  4. Completion report that of the construction of the facilities of  premises have been completed  as per the approved  plan.

  5. Six copies of the drawing which are faithful reproduction of the original approved drawing. In case of conditional approval all such conditions are to be complied with.

  6. Forwarding letter mentioning details of enclosures, Bank Draft No & date etc.  

Grant of licence (Departmental Action)

If the documents are found in order and the licensing authority is satisfied that there is no legal constraint in grant of licence then the licence can be granted. However, the licensing authority is to inspect the premises prior to grant of licence for endorsement (rule161). The violations or discrepancies noticed during the inspection must be complied with and the compliance report are submitted for verification and there after the licence will be endorsed and issued to the party.
Note: The methods/documents to be submitted for obtaining licence in form 20 for manufacture of explosives varies with the types of explosives intended to be manufactured.  So manufacture of different types of explosives have been mentioned separately.  

For manufacture of different type of explosives, there are different special safety provisions which are stated under different heads as below;  

MANUFACTURE OF HIGH EXPLOSIVES

        As provided under Explosives Rules, 1983, no person shall manufacture any explosive at any building except in a factory or premises licensed under Explosives Rules, 1983.

        For obtaining a licence in Form 20 for manufacture of explosives, the applicant should submit the following documents: -

  1. An application in Form-3;

  2. The Project Report indicating therein the following particulars: -

    1. the detail 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, the proposed method of treating effluents and waste explosives;

    2. the nature and composition of the explosives;