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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)
Explosives are divided into
four categories according to the risks which they present when
initiated, namely –
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
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
Category Z – Those
explosives, which have a mass explosion risk and major missile,
effect. Example: Explosives of service origin like hand
grenade etc.
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.
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
“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.
The Nitro-compounds further
divided into two divisions namely Division 1 and Division 2.
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.
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
-
“Chlorate-mixture” means any
explosive containing a chlorate.
Chlorate-mixture class has 2
divisions namely Division 1 and Division 2.
Division 1, comprising any
chlorate preparation which consists partly of nitro-glycerine or of some
other liquid nitro-compound.
Division 2, comprising any
chlorate mixture which is not comprised in Division 1.
Class 5 –Fulminate Class
“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.
The Fulminate class consists
of two divisions namely division 1 and division 2.
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.
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
“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.
The ammunition class has three
divisions, namely Division 1, Division 2 and Division 3.
Division 1 comprises
exclusively of (I) Safety cartridges (ii) Safety fuses for blasting
(iii) Railway for signal and (iv) Percussion caps.
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.
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
Fireworks Class has four
divisions, namely, Division 1, Division 2, Division 3, and Division 4.
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”.
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.
Division 2 fireworks comprises
3 sub-divisions, namely, Sub-division 1, Sub-division 2 and Sub-division
3.
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
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.
Sub-division 3 of Division 2
fireworks comprises such fireworks, which are assembled at site purely
for the purpose of display.
Division 3 comprises any
explosive contrivance required for the manufacture of manufactured
fireworks e.g. quick match fuse etc.
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 :
Please see licence
form-20 given in the Explosives
Rules, 1983 & Article 1(a)--(d) of Schedule IV to the Explosives
Rules, 1983.
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:
For manufacture of fire
works/ gun powder not exceeding 15 kgs at a time, the licence is granted
by the District Authority.
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.
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:
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.
The applicant should
ensure and confirm that the site selected for the proposed
premises should have a clear title or undisputed legal status.
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.
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.
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.
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.
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.
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”.
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:-
-
Appropriate Bank Draft as
licence fee payable in same manner as mentioned during approval.
-
Application
Form-4 duly filled and
signed.
-
Specimen signature of the
applicant/authorised person to verify the reference to
initial application filled by the applicant or authorised
person of the company.
-
Completion report that of the
construction of the facilities of premises have been completed
as per the approved plan.
-
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.
-
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: -
-
An application in
Form-3;
-
The Project Report indicating
therein the following particulars: -
-
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;
-
the nature and
composition of the explosives;
-
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