Explosives (Amendment) Rules, 2019

Jan 22, 2019 | by Avantis RegTech Legal Research Team


Commercial Compliance

The Department of Industrial Policy and Promotion (DIPP) on January 09, 2019 has published the Explosives (Amendment) Rules, 2019 to amend the Explosives Rules, 2008.             

Draft Rules were published by the DIPP to amend the Explosives Rules, 2008 vide Notification No. G.S.R. 1440(E), dated November 20, 2017 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of a period of forty-five days from the date on which the copies of the Gazette containing the said notification were made available to the public i.e., November 20, 2017.

Whereas objections and suggestions were received from the public on the said draft Rules, have been duly considered by the DIPP and certain amendments has been made under the Explosives Rules, 2008.

Some of the major amendments are as under:

·         In Rule 2 which gives Definitions:

                     i.            After clause (24), the following clause shall be inserted, namely:

'(24A) “aerial fireworks” means low hazard explosives, which moves by its own propulsion or shots into the sky through a mortar consisting of paper tube or casing filled with combustible material to deliver sound and pyrotechnic effect and includes shells and rockets;';  

                   ii.            After clause (25), the following clause shall be inserted, namely:

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

 

·         In Rule 6 which specifies the procedure for to be followed for Authorisation of explosives:

o   In Sub-rule (1):

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

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

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

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

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

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

o   in sub-rule (17):

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

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

“(ix) The Chief Controller may exempt the field trials for the explosives manufactured for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence subject to the concurrence and clearance from the Defence Organisations.”

 

·         In Rule 10 which specifies General Restrictions:

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

“(c) The buildings to be used for manufacture of explosives shall comply with the specifications laid down in Schedule VII annexed to these rules:

Provided that the buildings for manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of Ministry of Defence shall be constructed as per Storage and Transport of Explosives Committee Pamphlet 3.”;

o   in sub-rule (2) which specifies Restriction on import or export, in clause (c), in sub-clause (v), for the letters and figures “AE-7”, the letters and figures “AE-8” shall be substituted;

o   in sub-rule (5) which specifies Restriction on handling explosives:

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

                         ii.            proviso shall be omitted;

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

'(6A) “Every licensed premises under these rules shall prominently display a "No Smoking" board in local language and in English along with display of “No Smoking" signage.';

o   in sub-rule (7) which specifies Restriction on employment of children, intoxicated persons and certain other persons:

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

                         ii.            in the long line, for the words “sale, loading”, the words “sale, use, loading,” shall be inserted;

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

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

·         In Rule 11 which specifies the procedure for Employment of competent person, after sub-rule (4), the following sub-rule shall be inserted, namely:

“(5) No person shall be appointed as a Foreman if he has not passed tenth class and has less than five years experience in the field of manufacture of fireworks or safety fuse.”.

·         In Rule 15 which specifies the provisions regarding Marking on explosives and packages:

o   in sub-rule (1) which specifies the marking of packages, in clause (i),

Sub-clause (f) shall be substituted;

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

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

o   the proviso shall be substituted;

o   in sub-rule (2) which specifies the procedure for Marking on explosives of Class 2 and Class 3, after the sub-clause (f), the following sub-clause shall be inserted, namely:

“(g) unique identification number of the package (in the format as advised by the Chief Controller) in the form of barcode and human readable characters marked on the outer package with effect from the date as specified by the Chief Controller.”;

o   Sub-rule (3) which specifies the procedure for Markings on explosives of Class 6 shall be substituted

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

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

·         In Rule 21 which specifies the provisions for Restriction on unauthorised persons and provision of guards, in sub rule (3), the following proviso shall be inserted, namely:               

“Provided that factory for manufacture of explosives for armed forces of the Union and Ordnance factories or other establishments of the Ministry of Defence shall adhere to the provisions relating to security as mentioned in Defence Security Manual of Department of Defence Production, Ministry of Defence.”.

·         In Rule 24 which specifies the procedure for Maintenance of records and submission of returns:

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

“(1A) The explosives manufacturers shall enter the particulars of kind and quantity of explosives manufactured daily in the online system made available by the licensing authority.”;

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

“(5) A person or a firm or a company holding a licence to manufacture or possession for sale or use of explosives shall make necessary arrangement for generating, printing barcodes on packages and cartridges of explosives and suitable scanners to read barcodes and shall also develop necessary information technology set up as advised by the licensing authority.

(6) The licensees holding licences to possess for sale or use of explosives shall make necessary arrangement to procure suitable scanners to read barcodes, and shall also develop necessary information technology set up within such time as may be specified by the Chief Controller.”.

·         In Rule 26 which specifies the procedure for Approval of manufacturing process:

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

“(7) The licensed premises or manufacturing facilities shall not be leased to any other person, or company or firm or society for possession or manufacture of explosives or fireworks.”.

 

·         In Rule 61 which specifies the procedure for obtaining Licence for road van or compressor mounted motor truck or tractor:

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

“(4) The licence for conveyance of explosives by road in a freight container mounted on a fixed chassis motor truck or goose neck type semi trailer vehicle shall be given only when –

(a)    the explosives are received from foreign countries in freight containers;

(b)   the explosives are exported to other countries in freight containers;

(c)    in an emergency with prior permission of Chief Controller.

(5) The freight container shall be conforming to International Maritime Dangerous Goods code.

(6) The maximum weight of explosives that can be carried in a freight container mounted on a fixed chassis motor truck or on a goose neck type semi trailer vehicle shall not exceed 20 MT or the maximum carrying capacity of the vehicle as permitted by Road Transport Authority, whichever is less. ”.

·         In Rule 67 which specifies the provisions regarding Loading, unloading, maintenance and operation of road vans, after sub-rule (11), the following sub-rule shall be inserted, namely:

“(12) Road Vans used for transportation of explosives shall be equipped with necessary devices of Global Positioning System for tracking purpose with effect from such date as the Chief Controller may specify.”.

·         In Rule 77 which specifies the provisions regarding Accountability and transaction of explosives, in sub-rule (2), after clause (e) the following clauses shall be inserted, namely:

“(f) A consignee holding a valid licence issued by the Chief Controller or Controller of Explosives shall submit online indent in Form RE-11 under Part 5 of Schedule V annexed to these rules to the consignor; (g) The consignor on receipt of online indent in Form RE-11 and after due verifications shall supply the kinds and quantities of explosives not exceeding the indented quantity to the consignee after issuing on line pass in Form RE-12 under Part 5 of Schedule V annexed to these rules;

(h) The consignee on receipt of consignment of explosives shall enter kinds and quantities of explosives received by him immediately through the online system in Form RE-3 under Part 5 of Schedule V annexed to these rules;

(i) A person holding a licence for possession and use of explosives granted by the Chief Controller or Controller of Explosives shall issue explosives to the shot firers or blasters only after issuing on line pass for end-use of explosives in Form RE-13 under Part 5 of Schedule V annexed to these rules.”.

 

·         In Rule 84 which specifies the procedure for issuing licenses for Temporary shops and sale of fireworks during festivals., after sub-rule (6), the following sub-rules shall be inserted, namely:

“(7) First aid, ambulance and minimum two fire-tenders shall be available for such cluster of fireworks shops.

(8) A warning board displaying words, 'Explosive and Dangerous Goods' shall be provided in local language at conspicuous places.”.

 

·         In Rule 101 which specifies the procedure for Prior approval before construction, after sub-rule (4), the following sub-rules shall be inserted, namely:

“(5) No approval shall be granted for possession for use of explosives to a person or firm or society or company who is holding a licence for possession and sale of explosives or vice versa.

(6) Nothing in the sub-rule (5) shall be applicable to magazines for possession for use and possession for sale located and attached to the explosives manufacturing factories.”.

[Notification No. G.S.R.17(E)]

 

URL: https://dipp.gov.in/sites/default/files/explosive_Amendment_rules2019_16January2019.pdf 


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