Explosives Rules, 1983
Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com EXPLOSIVES RULES, 1983 CONTENTS CHAPTER 1 :- Preliminary 1. Short title and commencement 2. Definitions 3. Classification of explosives 4. Safety distance categories of explosives CHAPTER 2 :- General Provisions 5. Prohibition of unauthorised explosives 6. Procedure for authorisation of explosives 7. Restriction on delivery and despatch of explosives 8. Packing of explosives 9. Marking of packages 10. Weight of explosives 11. Competent person to be incharge of operations 12. Precautions to be observed in handling explosives 13. Restriction on handling of explosives after sunset 14. Prohibition of smoking, fires, lights and dangerous subs- tances 15. Prohibition of matches, etc 16. Split explosive to be destroyed 17. Employment of children, intoxicated persons and certain other persons 18. Precautions against danger from water or exposure to the sun or beat 19. Special precautions against accident and the exclusion of unauthorised persons 20. Restrictions on transport of certain types of explosives CHAPTER 3 :- Import and Export 21. Restriction on import or export 22. Import or export by sea 23. Declaration by importer 24. Declaration by master of ship or by the ships agent 25. Declaration by exporter or his agent 26. Sampling procedure from imported explosives 27. Despatch of samples to the testing officer 28. Testing of samples 29. Permission to land explosives 30. Import or export by land 31. Prohibition of certain explosives CHAPTER 4 :- Transport 32. Licence for transport and issue of passes 33. Restrictions on transportation of different explosives in the same carriage 34. Certificate of safety 35. Transport in passenger carriages and vessels 36. Maximum consignments allowed 37. Despatch of explosives to carriers for transport 38. Place and time of loading and unloading 39. Carriage or vessel or aircraft to be in readiness for loading 40. Carriage or vessel or aircraft to be incharge of a competent person 41. Protection from fire or explosion 42. Delay in transit to be avoided 43. Repairs to conveyance 44. Small quantities of fireworks exempted 45. Safety distances between carriages and boats 46. Notice of loading on or unloading from ships 47. Steamer fires and lights 48. Stowage 49. Conveyance of explosives on special trade passenger ships 50. Conveyance of explosives on passenger vessels 51. Anchorage of vessels carrying explosives 52. Red flag or warning light to be exhibited 53. Vessels to lie singly 54. Vessels not to lie alongside magazines, jetties, etc 55. Loading and unloading prohibited while a vessel is under- way 56. Place of loading and unloading within a port area 57. Cushion to be used 58. Ships to handle explosives with despatch 59. Boats to be licensed 60. Buoy to be carried 61. Smoking, fire, dangerous articles and other cargo prohibi- ted 62. Rail vans to be approved 63. Making of railway carriage 64. Transport of explosives with ordinary goods 65. Position of railway carriages 66. Maximum quantity of explosives to be transported by rail 67. Prohibition on passenger or mixed trains 68. Despatch of explosive vans by mixed trains 69. Conveyance of explosives by passenger or mixed trains 70. Receipt of consignment of explosives by railways 71. Shunting 72. Delivery to and from railway premises 73. Power of railway administration 74. Explosives not to be carried across railway bridges 75. Streets, public places and other specified areas 76. Licence for road vans 77. Restriction on transport of explosives vehicles other than road vans 78. Loading of explosives 79. Restrictions on use of towed vehicles 80. Carriage of explosives with other substances prohibited 81. Loading, unloading, maintenance and operation of road vans 82. Lighting of stationary vehicles 83. Wheel chocks 84. Vehicle on fire 85. Accident to the vehicle 86. Fire extinguishers to be provided CHAPTER 5 :- Manufacture of Explosives 87. Licence for manufacture 88. No licence needed for manufacture in certain cases 89. Approval of manufacturing process 90. Restriction on unauthorised persons 91. Buildings to be used for specified purpose only 92. Interior of buildings to be suitably finished 93. Provision of mounds 94. Restriction of articles liable to spontaneous ignition 95. Use of special tools and implements 96. Particulars to be exhibited on process building 97. Prohibition of smoking 98. Protection against lightning 99. Suspension of work during thunderstorms 100. Removal of foreign matter from ingredients 101. Protection against fire 102. Removal of explosives and materials expeditiously 103. Repairs to building 104. Employment of competent persons 105. Employment of young persons 106. Use of vehicles 107. Maintenance of buildings, plants and equipment 108. Facilities for testing 109. Disposal of waste explosives 110. Stoppage of manufacture of explosives 111. Exclusion from list of authorised explosives 112. Maintaining records CHAPTER 6 :- Possession, Sale and Use 113. Licence for possession, sale and use 114. No licence needed for possession and sale in certain cases 115. Possession in the licensed premises only 116. Protection from lightning 117. Precautions during thunderstorm 118. Building to be kept clean 119. Maintenance of records 120. Repairing of licensed magazine or store house 121. Prevention of introduction of hazardous articles 122. Premises to be kept locked 123. Guards to be provided 124. Repacking or opening of packages 125. Explosives not to be kept in damaged boxes 126. Storage of explosives in excess of licensed quantity 127. Permit for temporary possession of manufactured fire- works in excess of the licensed quantity 128. Quantity of explosives to be purchased in a given period of time 129. Storage in a magazine 130. Restriction on use of Mode B magazine 131. Mound of magazines 132. Magazine or store house to be at ground level 133. Restrictions on storage 134. Construction of store house 135. Construction of premises 136. Special precautions to be observed for fireworks 137. Safety distances to be maintained 138. Sale of other articles prohibited 139. Explosives to be sold from licensed premises 140. Defacing of marking prohibited 141. Restrictions on sale of explosives 142. Explosives not to be exposed for sale 143. Small packages to be clearly marked 144. Competent persons to be employed 145. Restrictions on preparation of charges 146. Restriction on conveyance of explosives to or at the blasting site 147. Explosives to be examined before use 148. Precautions to be observed at site 149. Suitable warning procedure to be maintained 150. Precautions to be observed while firing 151. Precautions against stray currents 152. Person incharge to be responsible 153. Blasting operations in mines CHAPTER 7 :- Licences 154. Application for licence 155. Grant of licence 156. Procedure to be observed before a licence in Form 20, 21 or 22 is granted 157. Procedure to be followed for grant of a licence in Form 22 to possess small quantity of explosives for own use 158. Procedure to be observed for grant of a shot-firers permit 159. Procedure on grant of No Objection Certificate by the district authority 160. Refusal of No Objection Certificate 161. Procedure on grant of a licence for a magazine, store house or to manufacture explosives 162. Procedure on grant of a licence to possess and sell explo- sives) to transport explosives or to possess explosives for own use by cultivators or other persons 163. Particulars of licence 164. Amendment of licence 165. Renewal of licence 166. Refusal to amend or renew a licence 167. Suspension and revocation of licence 168. Procedure on expiration, suspension or revocation of licence 169. Appeals 170. Procedure to be followed by the appellate authority 171. Procedure on death or disability of licensee 172. Loss of licence 173. Production of licence or pass on demand 174. Executive control over authorities CHAPTER 8 :- Fees 175. Procedure for payment of fees 176. Fees other than licence fees 176A. Fees for testing at Departmental Testing Station. 177. Licence fee CHAPTER 9 :- Power of Officers and Penalties 178. Dangerous practices 179. Powers of search and seizure 180. Power to destroy explosives and ingredients thereof 181. Procedure on reports of infringement CHAPTER 10 :- Accidents and Enquiries 182. Notice of accident 183. Procedure at courts of inquiry 184. Inquiry into accident 185. Inquiry into more serious accidents 186. Repeal and savings SCHEDULE 1 :- SCHEDULE I SCHEDULE 2 :- SCHEDULE II SCHEDULE 3 :- SCHEDULE III SCHEDULE 4 :- SCHEDULE IV SCHEDULE 5 :- SCHEDULE V-FORMS SCHEDULE 6 :- SCHEDULE VI SCHEDULE 7 :- SCHEDULE VII SCHEDULE 8 :- SCHEDULE VIII EXPLOSIVES RULES, 1983 11. Vide Noti. No. G.S.R.248(E), dated March 2, 1983, published in the Gazette of India, Extra., Part II, Section 3(i), dated 2nd March, 1983, pp. 113-82. In exercise of the powers conferred by Section 5 and 7 of the Explosives Act, 1884 (4 of 1884) the Central Government hereby makes the following rules, namely: CHAPTER 1 Preliminary 1. Short title and commencement :- (1) These rules may be called the Explosives Rules, 1983 . (2) They shall come- into force on the date of their publication in the Official Gazette. 2. Definitions :- In these rules unless the context otherwise requires- (1) "Act" means the Explosives Act, 1884 (4 of 1884) ; (2) "authorised explosives" means an explosive included in a list of authorised explosives published by the Central Government from time to time in the Official Gazette; (3) "Chief Controller" means Chief Controller of Explosives; (4) "competent person" means a person recognised by the Chief Controller to be a competent person or a person who holds a certificate of competency in the job in respect of which com- petency is required from an Institution recognised, by the Chief Controller in this behalf; (5) "Conservator" includes any person acting under the authority of the officer or body of persons appointed to be conservator of a port under S.7 of the Indian Ports Act, 1908; (6) "Controller" includes Joint Chief Controller of Explosives, Deputy Chief Controller of Explosives, 1[Controller of Explo- sives and Deputy Controller of Explosives] ; 2(6-A) "Departmental Testing Station" means the testing station of the Department of Explosives of the Central Government. (7) "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 for the insertion of safety fuse for the pur- pose 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; 3[(7-A) "District Authority" means- (a) in towns having a Commissioner of Police, the Commis- sioner or a Deputy Commissioner of Police; (b) in any other place, the District Magistrate;] (8) "Form" means a form specified in Schedule V; (9) "licensable capacity" in relation to a magazine means 4[the] full capacity of the magazine reckoned on the basis of the floor area and required safety zone all round such magazine; (10) "licensed factory" means a factory in respect of which a licence issued under the rules is in force; (11) "licensed magazine" means a magazine in respect of which a licence issued under these rules is in force; (12) "licensed store house" means a store house in respect of which a licence issued under these rules is in force; (13) "magazine" means a building specially constructed in accor- dance with a design approved by the Chief Controller and intended for storage of more than 4[5] kg. of explosives ; (14) "permitted explosives" means authorised explosives which are permitted by the 4[Director General of Mines Safety] to be used in underground coal mines; (15) "prohibited explosives" means explosives which are prohibited by the Central Government under Section 6 of the Act; (16) "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, 7[* * *] ; (b) any public road or railway line or navigable waterways 8[or dams and reservoirs] ; 4 [(c) overhead trunk high tension power lines; but does not include footpath, cart tracks not in regular use, agricultural wells and pump sets connected therewith;] (17) "safety cartridge" means a cartridge for small arms having a diameter not exceeding 2.5 cms. 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 communi- cated to other cartridges; (18) "safety fuse" means a fuse for igniting charges of other ex- plosives 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 explosive in such quantity that the burning of such fuse would not communicate laterally with other like fuse; (19) "safety zone" means the zone necessary for the maintenance (20) "Schedule'' means a Schedule annexed to these rules; (21) "small arm nitro-compound" means nitro-compound adapted and intended exclusively for use in cartridges for small arms; (22) "store house" means a building other than a magazine for storage of certain types of explosives ; (23) "testing officer" means such officer as the Central Government may appoint in this behalf; (24) "transport" means movement of explosives from one place to another by land, sea or air in India but does not include move- ment of explosives within a licensed factory; (25) "transfer" [* * *] with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession; (26) "van" means a mechanically propelled vehicle for transport of explosives by land. 1. Substituted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). 2. In Rule 2 Sub-rule (6A) shall be inserted by Explosives (Amendment) Rules, 2002., Noti. No. G.S.R. 467(E), dated July 3, 2002, published in the Gazette of India, Extra., Part II, Section 3(i), dated 3rd July, 2002, pp. 10-17, No. 3000. 3. Inserted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). 4. Substituted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). 7. Omitted by Substituted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). (w.e.f. 18-1-1988). 8. ins. by Omitted by Substituted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1- 1988). (w.e.f. 18-1-1988). (w.e.f. 18-1-1988). 3. Classification of explosives :- (1) For the purpose of these rules explosives shall be classified in the manner specified in Schedule 1. (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 in number of such classes. 4. Safety distance categories of explosives :- (1) Explosives are divided into four categories according to the risks which they present when initiated, namely- (i) Category X-Those explosives which have a fire or a slight explosion risk or both but the effect of which will be local. (ii) Category Y-Those explosives which have a mass fire risk or a moderate explosion risk, but not the risk of mass explosion. (iii) Category Z-Those explosives which have a mass explosion risk and major missile effect. (iv) 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 cate- gory X, Category Y, Category Z or Category ZZ, the matter shall be referred to the Chief Controller whose decision shall be final. CHAPTER 2 General Provisions 5. Prohibition of unauthorised explosives :- No person shall import, export, transport, manufacture, possess, use or sell any exposive which is not an authorised explosive : 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 in a licensed factory. 6. Procedure for authorisation of explosives :- (1) Any person desirous of including an explosive in the list of authorised explosive shall apply by submitting an application therefor to the Chief Controller. (2) The application submitted in accordance with sub-rule ( 1 ) shall be in writing and accompanied by following particulars : (a) the nature and composition of the explosive ; (b) the limiting percentage of each ingredient of the explosive ; (c) any substitute or substitutes for any specified ingredient; (d) in the case of a new explosive to be manufactured in India, the process by which it is proposed to carry out its manufacture; (e) where an explosive is enclosed in a case or other contrivance, the dimensions of the case or other contrivance, the quantity, nature and brand of explosive contained therein, the method of function and performance characteristics of the explosive and instructions governing the use of the case of other contrivance ; (f) the box, wrapping or other container in which the explosive will be handled, used or displayed or otherwise distributed including the markings thereon; and (g) the package in which the explosive will be transported and stored including the markings thereon. (3) 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 1["for forwarding the same to the Departmental Testing Station"], or to any other authority specified by the Chief Controller in this behalf. (4) No person shall send a sample of an explosive unless such person has first received the instruction referred to under sub-rule (3). (5) No person shall send a sample of an explosive otherwise than in accordance with instructions given by the Chief Controller under sub- rule (3). (6) (i) Samples forwarded under sub-rule (3) shall be subjected to such of the tests enumerated in clause (ii) of this 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 trans- ported 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 consi- dered necessary; (b) chemical composition-determination of the percentage com- position 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 ex- plosive ; (d) ignition characteristics-ignition point, behaviour on ignition, liability to spontaneous ignition, behaviour on ignition in bull ; (e) mechanical sensitiveness-determination of sensitiveness to friction and impact; (f) air gap sensitivity and transmission of detonation; (g) velocity of detonating ; (h) determination of strength ; (i) composition of gases evolved upon explosion ; (j) such other tests as the Chief Controller may specify. (7) An explosive tested in accordance with sub-rule (6) shall be declared by the Central Government on recommendation of Chief Controller to be an authorised explosive if, it is satisfied that such an explosive can be safely manufactured, handled, stored, transported and used. (8) Authorisation issued by the Central Government under sub-rule (7) in respect of any imported explosive shall be valid for one year from the date of authorisation, provided the foreign manufacturer certifies that there has been no change in the composition or any other characteristics of the explosives. (9) The Chief Controller may 2["on his own accord or on the request of a licensee, subject any explosive to tests enumerated in sub-rule (6) to verify the approved composition and characteristics of the explosive at the Departmental Testing Station"]. 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, may recommend deletion of such explosive from the authorised list. 3 (9-A) The fees charged for testing of explosives whenever samples are forwarded to the Departmental Testing Station under sub-rule (3) or sub-rule (9) shall be specified in Rule 176-A. (10) The Chief Controller, on completion of the testing of an explosive, in pursuance of sub-rule (6) shall advise the Central Government in writing- (a) whether or not the explosive should be declared to be an authori- sed explosive; and (b) where the explosive is declared to be an authorised explosive, the class including any division and sub-division within which the explosive falls. (11) (i) The Chief Controller shall maintain a list of authorised explo- sives showing- (a) the brand or trade name of the explosive; (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 United Nation's classification number and division. (ii) A list of authorised explosives that, by licence or permit, are autho- rised to be manufactured in, or imported into India shall be published by the Central Government from time to time. (12) 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 declared in accordance with clauses (a), (b), (c), (d) and (e) of sub-rule (2) shall be carried out without prior approval of the Central Government : Provided that 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 this rule. 1. In Rule 6 Sub-rule (3) for the words "for forwarding the same to him" shall be substituted by Explosives (Amendment) Rules, 2002., Noti. No. G.S.R. 467(E), dated July 3, 2002, published in the Gazette of India, Extra., Part II, Section 3(i), dated 3rd July, 2002, pp. 10-17, No. 3000. 2. In Rule 6 Sub-rule (9) for the words "at any time subject any explosive to the tests enumerated in sub-rule (6)" shall be substituted by Explosives (Amendment) Rules, 2002., Noti. No. G.S.R. 467(E), dated July 3, 2002, published in the Gazette of India, Extra., Part II, Section 3(i), dated 3rd July, 2002, pp. 10-17, No. 3000. 3. In Rule 6 Sub-rule (9A) shall be inserted by Explosives (Amendment) Rules, 2002., Noti. No. G.S.R. 467(E), dated July 3, 2002, published in the Gazette of India, Extra., Part II, Section 3(i), dated 3rd July, 2002, pp. 10-17, No. 3000. 7. Restriction on delivery and despatch of explosives :- (1) No person shall deliver or despatch any explosive to any one other than a person who- (a) 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 (b) is entitled under these rules to possess the explosives without a licence. (2) 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. (3) (i) No person shall receive explosives from any person other than the holder of a licence granted under these rules. (ii) 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 Chief Controller. 8. Packing of explosives :- (1) No person shall import, tender for transport, cause to be transported, possess or sell any explosive unless 1[* * *] (a) 2 [it is packed in the manner laid down in Schedule II] ; (b) a sample of the container or package for each explosive has been tested and approved by the Chief Controller; (c) the container or package is marked in accordance with Rule 9 of these rules: Provided that nothing in this rule shall apply to explosives in the process of manufacture. (2) An explosive which is not. an authorised explosive but which is required to be transported for purposes of test in connection therewith shall be packed in such manner as may be directed by the Chief Controller with reference to such explosive. 1. Omitted by Noti. No. G.S.R. 41(E, dated 15-1-1988 (w.e.f. 18-1-1988). 2. Substituted by Omitted by Noti. No. G.S.R. 41(E, dated 15-1-1988 (w.e.f. 18-1-1988). (w.e.f. 18-1-1988). 9. Marking of packages :- (1) 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 the authorised explosive ; (c) the number of the class and the division to which it belongs ; (d) the safety distance category of explosive; (e) the name of the manufacturer ; (f) the name of the consignor and consignee; and (g) the net weight of explosives : Provided that in the case of safety fuse or fireworks, the word "Explo- sive" and the number of the Class and Division may be omitted. (2) In the case of explosives used for charging for blasting viz. explo- sives of Class 2 or such other explosives of Glass 3 Division 1 or such other explosives of Class 4 which contain liquid nitro-compound explosive, the date of manufacture and batch number shall be added. (3) In the case of explosives of Class 2 and Class 3, each of the cartri- dges containing explosives shall be printed or embossed legibly on it with- (a) the word "EXPLOSIVE" ; (b) the name of explosives; (c) weight of explosive; (d) diameter of the cartridge ; (e) name of manufacturer; and (f) in case of permitted explosive, the letter 'P'. (4) In the case of fireworks, a caution or warning indicating the method of firing and precautions to be taken shall be printed on each piece of fireworks and where adequate space is not available on the fireworks, such caution or warning may be printed on a separate label and inserted in the smallest packet or carton. 10. 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 6th (Ammunition) Glass or 7th (Fireworks) Glass 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. 11. Competent person to be incharge of operations :- Every person holding or acting under a licence granted under these rules shall, whenever explosives are loaded, unloaded or handled, depute a competent person experienced in the handling of explosives to be present at and to conduct the operations in accordance with these rules. 12. Precautions to be observed in handling explosives :- (1) The floor of any place or any carriage or vessel in which any explosive is or is to be laid and the ground gangway, decks and other places over which the explosive is to be conveyed during loading or unloading shall be- (i) carefully examined to ensure that there is nothing thereon in con- travention of these rules or likely to endanger the safety of the consignment; and (ii) thoroughly cleaned and swept before and after use. (2) The packages containing the explosives shall not be thrown or dropped down or rolled or pulled along the ground or floor but shall be passed from hand to hand and carefully deposited and stored. (3) Where a package is to be slung, due precaution shall betaken to slung it in such a manner as effectively to prevent the possibility of a fall. (4) After the handling of explosives has commenced, the operations shall proceed with due diligence and without unnecessary stoppage. 13. Restriction on handling of explosives after sunset :- 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. 14. Prohibition of smoking, fires, lights and dangerous subs- tances :- No person shall smoke, and no fires, lights or. articles or substances of a flammable nature or liable to spontaneous ignition, or to cause or communicate fire or explosion such as acids, petroleum, carbide of calcium, compressed gases or such other hazardous substances, shall be allowed- (a) at any time within 15 metres from a place where an explosive is stored; or (b) at any place where an explosive is handled, during transport one hour before and during such handling: Provided that nothing in this rule shall apply to the use on a ship of- (i) an engine room fire, if such fire has been previously carefully banked up, or (ii) .any artificial light or ship's signal lights or of a type approved in writing by the Chief Controller in areas outside port limits and by the Conservator of the Port within port limits. 15. Prohibition of matches, etc :- No person on, in, or near any place where explosives are stored or handled or on any carriage conveying explosives shall- (a) have in his possession any matches, fuses or other appliances for producing ignition or explosion or any knives or other articles made of iron or steel; or (b) wear boots or shoes with iron nails or shod or strengthened with iron, unless such boots or shoes are covered with leather, rubber, felt or other material, in the form of overshoes or otherwise. 16. 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 as provided in these rules. 17. Employment of children, intoxicated persons and certain other persons :- No person shall employ, allow or engage a person- (a) who has not completed the age of 18 years, or (b) who is in a state of intoxication, or (c) who is of unsound mind, for manufacture, storage, sale, loading, unloading or transport of explosives or to enter any premises licensed under these rules. 18. Precautions against danger from water or exposure to the sun or beat :- (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. 19. Special precautions against accident and the exclusion of unauthorised persons :- (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 : Provided that nothing in this sub-rule shall apply to any act which is necessary for the purpose of the manufacture, storage or handling during transport of any explosive or any article present therein. (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- (a) comply with provisions of these rules and the conditions of any licence relating thereto; (b) observe all due precautions for the prevention of thefts and of accidents by fire or explosion; (c) prevent unauthorised person from having access to the explosives; (d) prevent any other person from committing any such act as is prohibited under sub-rule (1). 20. Restrictions on transport of certain types of explosives :- Notwithstanding anything contained in these rules, no person shall transport without approval of Chief Controller- (a) Nitro-glycerine or Ethylene glycol dinitrate or any explosives of Class 5 in any vehicle in any quantity, except within the licensed factory solely for the purpose of manufacture of explosives; (b) any explosive that is not authorised explosives or any explosive which is deteriorated or is in a damaged condition. CHAPTER 3 Import and Export 21. Restriction on import or export :- (1) No person shall import or export any explosive except under and in accordance with the conditions of a licence granted under these rules. (2) No licence shall be granted for import or export of any explosives, unless- (a) the explosive is an authorised explosives; (b) the explosive, if of the 3rd (Nitro-compound class) or 4th (Chlo- rate mixture) is certified in Form I by the testing officer to have passed the tests specified in Schedule II; and (c) the explosive is certified to have passed such analysis or examina- tion, if any, as the Chief Controller or the Customs Collector at his discretion by order in writing, may require in order to determine its composition or condition. (3) No person shall be granted an import or export licence unless he is the holder of a licence for possession in a magazine or a store house autho- rised for the class and quantity of explosives intended to be imported or exported. (4) Notwithstanding anything contained in sub-rule (3) the explosives in quantities exceeding the licensed capacity indicated in the licence may be imported with prior permission of the Chief Controller provided adequate advance arrangements are made by the importer to distribute directly from the port of import, the explosives to the other licensed magazine or licensed store houses. 22. Import or export by sea :- (1) No explosive shall be imported or exported by sea except at the ports of Bombay, Cochin, Calcutta at Diamond Harbour, Madras, Tuticorin or Visakhapatnam : Provided that exports only of explosives in such quantities as may be specified by the Chief Controller, may be done at the ports of Kandla and Mormugao. (2) The quantities of explosives, manner of handling during discharge from or loading into a ship shall be carried out in accordance with the provi- sions of rules regulating the handling of explosives at the ports of Bombay, Calcutta and Madras issued under the Act and respective port rules and byelaws. 23. Declaration by importer :- A person holding an import licence granted under these rules shall furnish a declaration- (a) in Form 14 to the Chief Controller as soon as ship carrying explo- sives sails from the port of loading ; (b) in Form 15 as soon as any shipment of explosives is cleared from the port of import. 24. Declaration by master of ship or by the ships agent :- (1) The master of every ships carrying explosives or the agent for such ship shall give the Conservator of the Port not less than 48 hours' notice of its intended arrival at the port. (2) The master of every ship carrying explosives shall deliver to the pilot before entering any port, a written declaration in Form 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 be made by master of the ship. (3) Every declaration delivered to a pilot under 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 Customs Collector of the port. 25. Declaration by exporter or his agent :- (1) The exporter or his authorised agent shall give the conservator of the port not less than 48 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. (2) The exporter or his authorised agent shall produce before the conser- vator of a port :- (a) licence granted under these rules for export of explosives in question, (b) a certificate issued by exporter to the effect that the explosives have been packed and marked in accordance with these rules and are safe for transport by sea. 26. Sampling procedure from imported explosives :- (1) When the master of, or the agent for, a ship has made declaration required by Rule 24, such officer as the Customs Collector of the port may authorise in this behalf shall go on board the vessel' and obtain samples of all such explosives as is intended to land at the port and are required by or under these rules to be tested, analysed or examined. (2) The master shall deliver to the officer referred to in sub-rule (1), without charge samples of all the explosives of which samples are required to be taken under that sub-rule. 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. (3) If the taking of any samples under sub-rule (1) involves the open- ing 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. 27. Despatch of samples to the testing officer :- (1) The officer taking a sample of any explosives under Rule 26 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. (2) In the case of a Nitro-compound or a Chlorate mixture the date and batch number referred to in sub-rule (2) of Rule 9 shall also be affixed to the sample. 28. Testing of samples :- (1) The testing officer shall test, analyse or examine, as the case may be, the samples and shall without delay forward to the Customs Collector a certificate in Form I in duplicate under his signature certifying whether the explosives have been satisfied the prescribed tests, analysis or examination. (2) The Customs Collector shall 'as soon as practicable and ordinarily within 24 hours after receipt of the report of the testing officer forward a copy each of the certificate in Form I to the Chief Controller and the Con- troller of the area. having jurisdiction. 29. Permission to land explosives :- (1) No imported explosive shall be permitted to be landed by the Customs Collector 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 satisfied the prescribed tests, analysis or examination and after making such other enquiries as considered necessary. (2) If the Customs Collector, after receiving the permission under sub- rule (1) and the licence for import of such explosives 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. (3) Nothing in this rule shall affect the power of Customs Collector to design the explosives under any other law for the time being in force. (4) The imported explosives shall be removed from the port premises by the importer as expeditiously as possible. 30. Import or export by land :- No licence for import or export of explosives shall be granted without the previous sanction in each case, of the Central Government and under such conditions and restrictions as it may impose in consultation with Chief Controller. 31. Prohibition of certain explosives :- (1) No explosive shall be imported or exported by air except at the ports of Bombay, Delhi, Calcutta and Madras or any other International airport authorised for this purpose by the Central Government from time to time. (2) Any explosive which is not included in Schedule VI shall not be imported or exported by air. (3) A person holding a licence for import or export of explosives by air or his authorised agent shall give a declaration well in advance before brin- ging the explosives into the. airport, to the Officer Incharge of the Airport Collector of Customs and the Chief Controller giving full particulars of the explosives intended to be imported or exported. (4) No person shall bring explosives to the airport for export by air without prior consent in writing of the Officer Incharge of the Airport. (5) 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. (6) 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. (7) If for any unforeseen circumstances explosives brought to the air- port cannot be removed from the airport or loaded into the aircraft such ex- plosives shall be stored in an isolated shed under guard as directed by the Officer Incharge of the Airport and all due precautions against theft, fire or explosion shall be taken. CHAPTER 4 Transport 32. Licence for transport and issue of passes :- (1) No person shall transport explosives except under and in accordance with the conditions of a licence granted under these rules. Provided that nothing in this sub-rule shall apply to- (i) the transport of any explosives within the licensed factory or from the licensed factory to the licensed magazine or store house situated within the licensed factory; (ii) the transport of any explosives imported under a licence in Form 27 from the place of import to the place of destination specified in the licence for import of explosives ; (iii) the transport of any explosives for the possession of which no licence is necessary (see Rule 114) ; (iv) the transport by the holder of a licence in Form 23 of any of the explosives covered by his licence in such quantity as he may require for his private use; (v) the transport of safety fuse and fireworks provided the same are not transported with any corrosive or flammable material. (2) Every consignment of explosives transported under licence shall be accompanied by a pass issued by the consignor in Form 16. (3) Such pass shall be attached to the way-bill, invoice or despatch note as the case may be. (4) A copy of every pass issued under sub-rule (2) shall forthwith be sent by the consignor to- (i) the licensing authority who issued the licence for transportation of explosives; (ii) the Controller of Explosives in whose jurisdiction the place from which the consignment is sent is situated; (iii) the Controller of Explosives in whose jurisdiction the place to which the consignment is sent is situated. 33. Restrictions on transportation of different explosives in the same carriage :- Any explosives of 5th (Fulminate) class or detonator or any other explosives of 6th (Ammunition) Class containing its own means of ignition or initiation, or an explosive of 7th (Fireworks) class shall not be transported in the same carriage, or save as provided in Rule 49 in the same vessel and shall not be conveyed or handled with any explosives not of the class and division to which it belongs. 34. Certificate of safety :- (1) Before transporting or tendering for transport an explosive of 3rd (Nitro-compound) class or of the 4th (Chlorate mixture) class, the consignor shall attach to the consignment not a valid certificate in Form 1 or certified copy thereof granted by testing officer. (2) The certificate referred to in sub-rule (1) shall be valid for a period of 12 months from the date on which it was granted : Provided that in the case of explosives containing Nitro-glycerine which are not used as propellants such certificate shall lapse on the 31stJuly follow- ing and fresh certificate may at the discretion of the Railway Administration concerned, be demanded for explosives to be transported by rail during the period from 1st April to 31stJuly if the original certificate has been granted earlier than 30th of September preceding. 35. 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. 36. Maximum consignments allowed :- The quantity of explosives transported shall not exceed- (i) 10 tonnes or half the carrying capacity of a Railway wagon which ever is less, (ii) 10 tonnes or the maximum carrying capacity of a road van licensed under these rules by a Regional Transport Authority, whichever is less, in any one carriage other than a Railway wagon: Provided that if the explosives to be transported is of 2nd class the quan- tity of explosives shall not exceed 15 tonnes or the maximum carrying capa- city of the van whichever is less ; (iii) one tonne in any animal drawn carriage ; (iv) 22.5 tonnes in anyone boat ; (v) quantity specified in Schedule VI in any one aircraft. 37. Despatch of explosives to carriers for transport :- (1) No person shall despatch any explosives to a carrier other than the Railway Administration for the purpose of transport. (2) No person shall despatch any explosive to the Railway Administra- tion for the purposes 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 has been packed and marked in accordance with Rule 8 and rule 9 ; (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 readi- ness to receive explosives as authorised under these rules. (3) No person shall bring, send or forward to, or upon any Railway any explosives which a Railway administration has by any notice of regulation for the time being in force notified that it will not receive. 38. 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 22.00 hours at a well illuminated place approved by the Chief Controller. (4) Nothing in Rule 13 and sub-rule (1) shall apply to any operations connected with the transport of explosives by passenger train, or by a "pick up" or "van" goods train used for the transport of small consignments or in the brake van of mixed train. 39. Carriage or vessel or aircraft to be in readiness for loading :- No explosives 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. 40. Carriage or vessel or aircraft to be incharge of a competent person :- (1) A carriage other than a railway carriage or vessel or aircraft transporting explosives shall at all times be in charge of, and constantly attended by competent person experienced in the handling of explosives and appointed by the owner of such carriage or aircraft or master of the vessel. Such person shall supervise all loading or unloading operations and shall take all due precautions in regard to explosives until completion of the receipt and storage or discharge thereof. (2) The person in charge of a carriage or aircraft or vessel shall not drive, conduct or manoeuvre such carriage or vessel or aircraft in a dangerous or negligent manner. 41. Protection from fire or explosion :- (1) No carriage or aircraft or vessel shall be used for transporting explosives unless all iron or steel therein with which a package containing any explosive is likely to come in contact is effectually covered with lead, leather, wood, cloth or other suitable material. (2) Where the weight of the explosives transported in any carriage exceeds 1000 kgs. they shall be placed in the interior of the carriage which shall be enclosed on. all sides with wood or metal so as effectually to protect the explosives from communication of fire and the carriage shall be locked. (3) Where the weight of explosives transported in any vessel exceeds 1000 kgs. they shall be placed in the hold of the vessel which shall have a closed deck and closely fitting hatches and double water-tight bulk heads shall be provided at each end of the hold where the explosives arc stowed and the hatches shall be locked. - (4) Where the explosives carried in carriage or vessel do not exceed 1000 kgs. in weight, the explosives shall, unless they are conveyed in the manner specified in sub-rule (2) or sub-rule (3), as the case may be, be completely covered with fireproof cloth tarpaulin or any other suitable material as effectually to protect the explosives from communication of fire. (5) All doors, hatches and coverings of every compartments or hold containing explosives in or on any carriage or vessel shall be kept closed and secured except when explosives are being loaded or unloaded into, onto or from it. (6) When explosives are being carried in or on a carriage or aircraft or vessel, they shall be kept away from anything whether in the carriage or vessel or elsewhere that would be liable to cause them to ignite or explode. 42. Delay in transit to be avoided :- If the quantity of explosives transported in any carriage or vessel exceeds 2.5 kgs., the person or persons incharge of such carriage or vessel 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 be attended with danger to public. 43. Repairs to conveyance :- Before any repairs or alterations are commenced in any 1 [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 he thoroughly washed out to ensure that no remnants of explosives remain therein. 1. Substituted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). 44. Small quantities of fireworks exempted :- Nothing contained in Rule 35, Rule 40 and Rule 41 shall apply to the transport of manufactured fireworks in the custody of a person entitled to possess them without a licence under Rule 14 provided that not more than 2.5 kgs. of manufactured fireworks, securely packed,' shall be so transported in any motor vehicle licensed for conveyance of more than six passengers. 45. 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 in Rule 36 for any one carriage or boat, such carriages or boats shall not approach within 50 metres of one another : Provided that- (a) nothing in this rule shall apply to the transport of explosives by rail; (b) the Conservator of the port may waive the requirement within the limits of a port if in his opinion it is impracticable to secure com- pliance within this rule. 46. Notice of loading on or unloading from ships :- No explosive shall be loaded on or unloaded from a ship within the limits of a port unless 48 hours' notice in writing of the intended time and place of such operation has been given to the Conservator of the port. 47. Steamer fires and lights :- No explosive shall be loaded on or unloaded from any ship- (a) unless the engine room fires have been previously carefully banked up, and all other fires and lights extinguished; (b) while the ship is attached to or alongside of any steam vessel or steam tug unless the engine room fires of such steam vessel or steam tug, have previously been carefully banked up and all other fires and lights have been previously extinguished : Provided that nothing in this rule shall prevent the employment of an artificial light or ship's signal lights of a type approved in writing by the Chief Controller in areas outside the port limits and by the Conservator of the port within the port limits : Provided further that a steam tug may be employed at the port of Madras to place boats alongside a ship carrying explosives or to remove them but no loading or unloading operations shall be carried on so long as a tug is within a distance of 50 metres from the ship. 48. Stowage :- No explosives shall be stowed in a ship except in accordance with regulations contained in the Merchant Shipping Carriage of Dangerous Goods Rules, 1978 (Annexure I). 49. Conveyance of explosives on special trade passenger ships :- Any authorised explosives satisfying the requirements of clauses (b) and (c) of sub-rule (2) of Rule 21 may be transported in a properly con- structed magazine on a trade passenger ship to which Part VIII of the Merchant Shipping Act, 1958 (44 of 1958-Annexure II) applies being a home trade ship as defined in clause (16) of Section 3 of the said Act : Provided that-- (a) the consignor satisfies the certifying officer referred to in Section 243 of the Merchant Shipping Act, 1958 (44 of 1958- Annexure II) that no other means of conveying the explosives are available: (b) the magazine complies in all respects with the specifications for magazines in ships laid down by the Board of Trade and is approved by the Surveyors of the Mercantile Marine Department ; (c) the explosives are packed and marked in accordance with these rules; (d) detonators arc not carried in the same hold as other explosives ; and (e) the hold containing the magazine does not contain any other hazardous or flammable goods at any time during which the magazine is in use for the carriage of explosives. 50. Conveyance of explosives on passenger vessels :- (1) The following explosives may be carried in a passenger vessel, namely: (a) any explosives not exceeding 2.5 kgs. in weight other than a fulminate (Class 5), ammunition containing its own means of ignition (Class 6, Division 3) or fireworks (Class 7) ; and (b) detonators not exceeding 200 in number and certified in writing by the licensee not to contain in the aggregate more than 225 gms. of explosives: Provided that- (i) previous notice is given to the person in charge of the vessel in which the explosive is intended to be conveyed; (ii) all the precautions are taken to prevent accidents by fire or explosion; (iii) detonators are not carried in the same compartment as other explosives. (2) Nothing in Rule 13, Rule 40, sub-rule (5) of Rule 41 , rule 47,rule 51 to rule 54 and rule 57 shall apply to explosives carried in a passenger vessel under sub-rule (1). 51. Anchorage of vessels carrying explosives :- (1) Every vessel having explosives on board and entering a port shall be anchored at such anchorage as the conservator of the port shall appoint in this behalf and shall not leave such anchorage without the general or special order of the Conservator of the port and subject to such conditions as may be specified in the order. (2) Such anchorage shall in no case be the same as that for vessels laden with petroleum and shall be at such distance from the anchorage for vessels laden with petroleum as to render it impossible for a fire originating at the former anchorage to affect vessel anchored at the later. 52. Red flag or warning light to be exhibited :- Every vessel having explosives on board exceeding 50 kgs. in weight shall while approaching or leaving a port and during the time that it remains within the limits of the port or on any inland water exhibit conspicuously- (a) between sunrise and sunset a red flag not less than I metre square, and (b) between sunset and sunrise a single red light visible all round the horizon. 53. Vessels to lie singly :- Every vessel wholly or partly laden with explosive shall lie singly and be kept at a distance of at least 50 metres from any other vessel except during the actual transhipment of explosives, when one boat may lie alongside on each side of a ship, boat or floating magazine and two ships may lie alongside each other. 54. Vessels not to lie alongside magazines, jetties, etc :- No vessel having any explosive on board shall lie alongside any vessel, floating magazine, quay wharf, jetty land or landing stage except for the purposes of loading or unloading and then only during the time necessary for the actual loading or unloading or such vessel and shall proceed on its voyage without delay except such delay as may be unavoidable in consequence of tide or weather. 55. Loading and unloading prohibited while a vessel is under- way :- No explosives exceeding 450 kgs. in weight and no detonators shall be loaded or unloaded while a vessel is underway. Explanation.-A vessel is 'underway' when she is not at anchor or moored or made fast to the shore or a ground. 56. Place of loading and unloading within a port area :- Explo- sives shall within the limits of a port, be loaded from, landed at, brought into or deposited upon, only such quay or other place as the Conservator of the Port may by general or special order direct. 57. Cushion to be used :- A cushion properly stuffed with oakum and covered with leather, or one of such other kind as the Conservator of the port may from time to time approve, shall be used in shipping an explosive in any vessel or in landing it upon any wharf or other landing place within the limits of a port. 58. Ships to handle explosives with despatch :- (1) Ships arriving in a port with explosives intended to be landed at the port shall discharge them with all reasonable despatch, and ships taking explosives on board shall proceed to sea with all reasonable despatch. (2) No ship or boat shall retain on board any cargo of explosives and remain in the port for a period longer than three days: Provided that the conservator of the port in consultation with Chief Controller may extend such period under such conditions as deemed fit if he is satisfied that such extension of period is considered necessary. 59. Boats to be licensed :- (1) No boats shall be used for the transport of explosives exceeding 1,000 kgs. in weight except under and in accordance with the conditions of the licence granted- (a) by the Conservator of the port in the case of a boat plying within the limits of a port, or (b) by an officer appointed by the Central Government in this behalf in the case of a boat plying in areas outside port limits. (2) The licence shall specify the maximum quantity of explosives the boat is authorised to carry which quantity shall be fixed in consultation with the Chief Controller. (3) Every licence granted under sub-rule (1) shall remain valid for a period of- (a) four months in the case of a boat plying within the limits of a port; and (b) one year in the case of a boat plying in areas outside port limits. (4) The licence referred to in sub-rule (1) shall be granted or renewed in such form and on payment of such fees as may be specified by the Central Government. (5) A copy of every licence granted in sub-rule (1) shall be forwarded to the Chief Controller. (6) Every person in charge of any boat licensed under sub-rule (1) shall, when required so to do by an officer mentioned in Rule 179, produce the licence of such boat for inspection. 60. Buoy to be carried :- (1) Every boat carrying explosives within the limits of a port shall carry on deck a buoy with a rope 27 metres length and 7.50 cms. diameter, one end of the rope being attached to the buoy and the other end to the boat. The rope shall be attached to such part of the boat as is most clear of spars gear or other obstruction and at such point as is approved by the licensing authority under Rule 59. (2) The buoy shall be a drum painted red measuring not less than 55 cms. in length and 35 cms. in diameter, properly strapped with an iron band in the middle and having a ring attached for securing the rope. 61. Smoking, fire, dangerous articles and other cargo prohibi- ted :- The following shall not be permitted on board any boat which has explosives on board- (i) fire or light of any description other than the warning light referred to in Rule 52; (ii) smoking; (iii) any substance of an inflammable nature or liable to spontaneous ignition; (iv) any substance liable to cause or communicate fire or explosion; (v) any other cargo, unless the carrying of such other cargo, has been specially authorised in writing by the Conservator of the port within port limits or by Chief Controller in areas outside port limits: Provided that nothing in this rule shall apply to the transport of explosives in a mechanically propelled boat subject to such conditions as may be specified by the Chief Controller. 62. Rail vans to be approved :- No explosives other than safety fuse and fireworks shall be transported by rail except in a van specially constructed for the carriage of explosives and of a type approved by the Chief Controller and the Railway Board. 63. Making of railway carriage :- (1) On each side of every railway carriage containing any explosive there shall be affixed in conspicuous characters by means of a securely attached label or otherwise the word "Explosives". (2) Nothing in sub-rule ( 1 ) shall apply in a carriage containing explosives transported in accordance with the provisions of clause (b) of Rule 64 or Rule 69. 64. Transport of explosives with ordinary goods :- Notwithstand- ing anything contained in Rule 62, the following explosives may be trans- ported by any train other than a passenger or mixed train in a carriage not carrying any article or substance liable to cause or communicate fire or explosion: (a) any quantity of safety fuse for blasting; (b) any other explosive approved by the Chief Controller for. the purpose of this rule provided such explosive is packed in metallic cases or cylinders which fulfil all the requirements of these rules and are of a pattern approved by the Railway Administration and the Chief Controller. 65. Position of railway carriages :- Every railway carriage contain- ing explosive shall be placed as far away as practicable from the engine and shall be close-coupled to the adjoining carriages not loaded with explosives or other articles or substances of flammable or hazardous nature, provided that- (a) on the Darjeeling-Himalayan Railway carriages containing explosives need not be closs- coupled; (b) on the Nilgiri and Karaikal-Peralam Railways, only one carriage need intervene between the engine and carriages containing explosives; (c) on the electrified section of Railways when trains are hauled by electric locomotives, no carriages need intervene between the engine and the carriage containing explosives. 66. Maximum quantity of explosives to be transported by rail :- Not more than 5 carriages containing explosives shall at any one time be loaded or unloaded at or on any railway station or wharf and not more than 10 carriages containing explosives shall be attached to or transported by any one train. 67. Prohibition on passenger or mixed trains :- No explosive shall be transported by any passenger or mixed train. 68. Despatch of explosive vans by mixed trains :- Notwithstand- ing anything contained in Rule 67, any explosive may be transported by a mixed train in, vans specially approved under Rule 62 on any line or section on which goods trains are not running subject to the following conditions: (a) Not more than 3 such vans containing explosives shall be hauled at any one time. (b) There shall be not less than 3 cartridges between the vans contain- ing explosives and the engine and between such vans and the passenger carriages. (c) The vans containing explosives shall be close-coupled to the adjoining carriages and to each other. (d) Immediately on entering on any section upon which goods trains are running, the vans containing explosives shall be detached from the mixed train. 69. Conveyance of explosives by passenger or mixed trains :- Notwithstanding anything contained in rule 62 and rule 67, the following explosives may be transported by passenger or mixed trains : (i) Safety fuses for blasting. (ii) Explosives of the 3rd (Nitro-compound) class, other than propellants, in the form of cartridges not exceeding in the aggregate 2.5 kgs. in weight, provided no detonators are carried in the same compartment. (iii) Detonators to the number of 200 if the amount of explosives in the package or package containing detonators does not exceed in the aggregate 225 gms. provided- (a) a certificate to such effect is tendered by the consignor; and (b) no other explosive is carried in the same compartment. (iv) Sporting powders and propellants packed in double packages prescribed in Schedule II, provided- (a) the explosive is contained in tin canisters containing not more than 5 kg. each packed in a stout wooden case with a com- pletely spark-proof outer cover of tin or zinc or in a metal case or cylinder of a pattern approved by the Chief Controller; (b) no outer case contains more than 12.5 kg. of explosives ; and (c) the total consignment by one train does not exceed in the aggregate 37.5 kgs. 70. Receipt of consignment of explosives by railways :- Consign- ments of explosives intended to be transported by rail shall be received only- (a) by a servant authorised by the Railway Administration concerned to receive dangerous goods ; and (b) at such times between sunrise and sunset and at such places within railway premises as the Railway Administration may specify in this behalf. 71. Shunting :- No shunting of carriages containing explosives shall be carried out on any railway save under the superintendence of duly authorised officer who shall be responsible that- (a) when the train is being marshalled carriages loaded with explo- sives shall not be shunted by a locomotive unless they are separated from any engine by not less than three carriages containing no explosive or easily inflammable substance; (b) during the shunting of carriage containing explosive, the speed of all movements shall not exceed 8 kilometers an hour; and (c) no loose shunting take place. 72. Delivery to and from railway premises :- (1) Packages con- taining any .explosive shall be removed by the consignee from the station, wharf or depot of the railway to which they have been transported as soon as practicable and with all due diligence after arrival. (2) It the packages are not removed within the twelve hours of daylight following their arrival the packages and contents may be forthwith returned to the consignor at his risk and expense. (3) Every package containing an explosive shall until removed, returned or despatched be kept in a safe place under the special direction of the Sta- tion Master at a safe distance from the station buildings under the police guard if necessary and shall be completely covered with tarpaulins or other suitable material. 73. Power of railway administration :- (1) Where a Railway Administration suspects that an explosive or carriage or package containing an explosive does not comply with any of these rules, the Administration may- (a) prevent the entry of such explosive, carriage or package upon their premises or refuse to receive or transport them; or (b) at any time open or require such carriage or package to be opened to ascertain the facts. (2) If any explosive or any carriage or package containing explosives is found not to comply with any of these rules, the Railway Administration may return such explosives carriage or package to the consignor at his risk and expense. (3) Where any explosive or any carriage or package containing explosive not complying with these rules cannot in the opinion of the Railway Adminis- tration be returned to the consignor under sub-rule (2) without undue risk the Administration may, in consultation with the Chief Controller and in such manner as he may specify, destroy at the consignor's risk and expense the explosives or the contents of the carriage or package. 74. Explosives not to be carried across railway bridges :- No explosives shall be carried otherwise than by rail across any railway bridge which reasonable facilities for the transport thereof by rail are afforded by the Railway Administration: Provided that nothing in this rule shall apply to- (a) safety fuses for blasting in any quantity; or (b) gunpowder or nitro-compound not exceeding 5 kgs. or any quantity of ammunition, Class 6, Divisions 2 and 3. 75. Streets, public places and other specified areas :- (1) No person shall transport or cause to be transported any explosive on any road within the limits of a municipality or cantonment where such road is speci- fically prohibited for plying vehicles carrying explosives. (2) Nothing in sub-rule ( 1 ) shall apply to- (a) any explosive of 7th (fireworks) class, or safety fuse ; or (b) other explosives not exceeding 5 kgs. in weight. 76. Licence for road vans :- No person shall transport or cause to be transported any explosives in a road van unless such vehicle is licensed under these rules to carry explosives : Provided that nothing in this rule shall apply to transport of safety fuse any fireworks. 77. Restriction on transport of explosives vehicles other than road vans :- (1) No explosive shall be transported by any carriage which is not a road van: Provided that any explosive may be transported by any carriage which is not a road van if the distance from the place of loading to the place of destination does not exceed 10 km. 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. (2) Nothing in sub-rule (1) shall apply to transport of safety fuse or fireworks. 78. Loading of explosives :- (1) The person incharge of loading explosives into or in to 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 restowed 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. 79. Restrictions on use of towed vehicles :- No person shall trans- port explosives in any towed vehicle or tow any vehicle transporting explosives. 80. Carriage of explosives with other substances prohibited :- No other goods shall be carried with explosives in any vehicle : Provided that not more than 1000 kgs. of fireworks may be carried along with other goods not being flammable and hazardous in nature. 81. 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 regularly checked to see that- (a) the fire extinguishers are filled and in working order; (b) the electric wiring is completely insulated and firmly secured; (c) the fuel tank and feed lines have no leaks; (d) the chassis, engine, inside and bottom of the body are clean and free from surplus oil and grease; (e) the brakes and steering apparatus are in good condition; and (f) the spare tyre and wheel are in a fixed position. (4) Explosives shall not be loaded on or in a vehicle unless the vehicle has been periodically serviced in accordance with the instructions specified in the service manual by the manufacturer of the motor vehicle. (5) The fuel tank of a vehicle carrying or containing an explosives shall no be filled except in case of necessity, in which case the engine shall be stopped, the ignition shut-off and the tank filled only at a place where filling is not a danger to the public safety. The driver of the road van shall supervise filling of fuel tank keeping a fire extinguisher ready by his side. (6) 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, stops at places where the public safety would be endangered shall be avoided: Provided that where a road van transporting or containing explosives is parked over night due to the reasons beyond the control of licensee 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 or 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. (7) 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. (8) Routes passing through centres of dense habitation shall, as far as possible, be avoided. (9) A road van while transporting explosives shall always be attended to by at least one able- bodied person (in addition to the driver) who is capable of looking after the vehicle. (10) When there is a convoy of two or more vehicles transporting explosives, where practicable, a space of at least 300 metres shall be maintained between each such vehicle. (11) Road van transporting explosives shall not be driven past fires of any kind on or near the highway or other thoroughfare. (12) 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. (13) The original licence for van granted under these rules or attested copy of the same shall always be carried in the vehicle. 82. 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 also provide reflectors in such position as to convey an effective warning of the presence of the road van to the drivers of other vehicles. 83. Wheel chocks :- Four wheel chocks shall be carried in or on a licensed vehicle at all times when explosives are being carried in or on the vehicle. 84. Vehicle on fire :- If any fire occurs on a vehicle containing explosives the driver shall take all practicable steps to ensure that all other traffic is stopped at least 300 metres from the vehicle and that all persons in the vicinity are warned of the danger. 85. 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 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 a 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 incharge 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 van or are removed from the vehicle and stored under proper security at a safe distance from the highway and at least 300 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. 86. Fire extinguishers to be provided :- (1) Every road van shall be provided with 2 fire extinguishers of minimum 2 kgs. capacity. One of the extinguishers shall be capable of dealing with electric fires and the other with engine fires, tyre fire or such other similar fires in a van. The fire extinguishers shall always be kept in good working condition. (2) Fire extinguishers shall be located where they will be convenient and ready for immediate use. Fire extinguishers shall also be examined and recharged according to the manufacturers' recommendations. CHAPTER 5 Manufacture of Explosives 87. Licence for manufacture :- (1) No person shall manufacture any explosive at any place except in a factory or premises licensed under these rules. (2) The licensee shall be responsible for all operations in connection with the manufacture of explosives which may be conducted in the licensed premises. 88. No licence needed for manufacture in certain cases :- Not- withstanding anything contained in Rule 87, no licence to manufacture shall be necessary for manufacture at a Government or industrial laboratory or a laboratory of an educational institution and under the supervision of a qualified person of a quantity of explosive not exceeding an amount reason- ably necessary for the purpose of chemical experiment and test and not intended for practical use or sale, subject to the following conditions, namely: (a) The Chief Controller shall be given prior intimation of the nature of the explosives and the quantity of explosives proposed to be manufactured in the laboratory together with the name and address of the institution and the particulars and experience of the person conducting the experiment. (b) If the Chief Controller on receipt of the information under clause (a) above is of the opinion that it would not be safe to conduct such experiment he may, in writing, prohibit conducting the experiment. (c) All precautions shall be taken to prevent injury to persons or damage to property and all provisions of the Act and these rules shall be observed as far as they are otherwise applicable. (d) No experiment shall be conducted to make any explosive which is specifically prohibited under Section 6 of the Act. 89. 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 : (a) 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; (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) prescribed scrutiny fee. (3) The Chief Controller, after scrutiny of the Project Report and after making such further enquiries as may be considered necessary, may if he is satisfied, approve the process for each explosive separately. (4) No person shall make any changes in the process, nature and com- position of explosives, specification and limiting percentages of raw materials and ingredients without prior approval of the Chief Controller. (5) The Chief Controller may cause at any time any test on any raw material, ingredients or explosives to ascertain if these conform to the parti- culars given under sub-rule (2). 90. Restriction on unauthorised persons :- (1) A factory licensed under these rules for manufacture of explosives shall be surrounded by a wall or barbed wire fencing at least 2 metres high of such strength and construction as to effectively prevent entry of unauthorised persons. (2) The area enclosed by such wall or fence shall cover the safety zone required to be kept clear from any of the process buildings or sheds. (3) The licensee shall at his own expense provide for safe custody of the factory a guard which shall be of such strength as the District Authority may consider to be sufficient. 91. 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. 92. 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 resent 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. 93. Provision of mounds :- 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 Chief Controller: Provided that the licensing authority may allow blast walls in place of substantial mound if such blast walls can be provided for the purpose. 94. Restriction of articles liable to spontaneous ignition :- Oiled cotton, oil rags and oil waste and any article liable to spontaneous ignition shall not be taken into any danger building 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. 95. Use of special tools and implements :- No tools or other imple- ments 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. 96. Particulars to be exhibited on process building :- There shall at all times be prominently exhibited clearly and legibly- (a) on every process building in the licensed factory the same dis- tinguishing number as mentioned in the approval plan attached to the licence; (b) inaide every process building a notice showing- (i) maximum quantity of any explosives or ingredients for such explosives that may be in the building at any one time as authorised by the licensing authority; (ii) the maximum number of persons who may be in the building at any one time as authorised by the licensing authority. 97. Prohibition of smoking :- Except in places especially approved by the licensing authority, no person shall smoke in any part of the licensed factory. 98. Protection against lightning :- (1) Every process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with the specification laid down in Indian Standard Specification No. 2309 as amended from time to time. (2) The connections to various parts and 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 ony other competent person holding a certificate of competency in this behalf from the State Electricity Department. A certificate showing the results of such test and the date of last test shall be hung up in a conspicuous place in the process buildings: Provided that process buildings used for manufacture of fireworks, explosives of Glass 7, may not be provided with lightning conductor unless otherwise specified by the licensing authority. 99. Suspension of work during thunderstorms :- Whenever a thunderstorm appears to be imminent in the vicinity of the process building, every person engaged in or about the building shall be withdrawn to a safe distance and the building shall be kept closed and locked until the thunder- storm has ceased or the threat of the same has passed: Provided that where an operation is in process, stopping of which would in itself contribute a danger in which case the operation shall be carried on to point at which it can be suspended with safety, and no such operation shall be commenced during the storm. 100. Removal of foreign matter from ingredients :- No substance shall be made or mixed into an explosive in or on licensed premises unless it has been thoroughly treated by sifting or other effective means for the detection and removal of all foreign objects and matter that might cause danger if not removed. 101. Protection against fire :- (1) Due provision shall be made by the use of suitable working clothes without pockets and suitable shoes and searching and otherwise, or by some or all of such means to prevent the introduction into any danger building, of fire, matches or any substance or article likely to cause explosion or fire, and for preventing the introduction of any iron, steel or grit into any part of the danger building where it would be likely to come into contact with explosive over wholly or partially mixed ingredients thereof. (2) Nothing in sub-rule (1) shall apply to the use of such artificial lights as may be approved by the Chief Controller for the purpose of manufacture. 102. 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 store house, 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 imme- diately required for use in another process in the same building, shall immediately be removed from the building. 103. Repairs to building :- (1) 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 process of removal. (2) 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 a competent person. Acopy each of such permit shall be preserved for a period of three months and presented on demand by an inspecting officer. (3) 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. 104. Employment of competent persons :- No explosives shall be manufactured in any building or part thereof except under the supervision of a competent person employed by the licensee. Such competent person shall be fully conversant with the process of manufacture of explosives, hazards connected therewith and the provisions of these rules. 105. Employment of young persons :- Any person who has com- pleted the age of 18 years but not 21 years, shall only be employed after he submits to the employer an evidence of his age from a registered Medical Practitioner, or a birth certificate. 106. 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. 107. Maintenance of buildings, plants and equipment :- (1) Every building in or on licensed premises shall always be maintained in a fit condition. (2) All plants and equipment in a licensed factory shall be regularly serviced and maintained in a proper and fit condition by the licensee. A record of all such servicing and maintenance shall be maintained till the time of next servicing and maintenance. 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. 108. Facilities for testing :- Proper testing facilities as approved by Chief Controller 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: Provided that the Chief Controller may direct the licensee, by a written order to prove 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. 109. 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 shall be properly collected and stored in a safe place till finally disposed of by the method approved by the licensing authority. (2) Adequate facilities for safe destruction under the supervision of a competent person 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 ). 110. 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 explosive, or due to any other reason, the Chief Controller may issue an order in writing directing the licensee to discontinue forthwith the manufacture of such explosive till such time the operation or the com- position is rectified to the satisfaction of the Chief Controller. 111. Exclusion from list of authorised explosives :- If the Chief Controller of Explosives stops the manufacture of any explosives under Rule 110 or if any explosive is not manufactured for a continuous period of two years such explosives may be excluded from the list of authorised explosives by the Central Government. 112. Maintaining records :- The licensee of a factory shall keep uptodate records in the prescribed forms and produce the same before an inspecting officer. Such records shall be retained for a period of minimum 2 years. CHAPTER 6 Possession, Sale and Use 113. Licence for possession, sale and use :- (1) No person shall possess, sell or use any explosive except under and in accordance with a licence granted under these rules. (2) The licensee shall be responsible lor all operations in connection with the possession, sale or use of explosives which may be conducted in the premises covered by the licence. 114. No licence needed for possession and sale in certain cases :- (1) Notwithstanding anything contained in Rule 113, no licence shall be necessary for the possession- (a) of any explosive by a carrier or other person for the purpose of transport, when the same is being kept or transported in accor- dance with the provisions of Chapter IV regulating transport of such explosives ; or (b) by any person of manufactured fireworks in any quantity not exceeding 25 kgs. provided that the fireworks- (i) are obtained and intended by such person for immediate use and not for sale and are possessed by him for a period not exceeding 14 days ; and (ii) are kept in a substantial receptacle which is exclusively appropriated to the keeping of explosives and is closed and secured so as to prevent unauthorised persons from having access to the explosives; or (c) by any person for his own private use and not for sale of gunpowder not exceeding 5 kilograms and 50 metres of safety fuse for blasting, in any State other than Bihar, Kerala, Tamil Nadu and West Bengal and of small arms nitro-compound not exceeding 5 kilograms except in the State of Kerala and Tamil Nadu. (d) by Railway Administration 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 provided that the provisions of the Act and these rules are otherwise complied with; (e) 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 25 kgs. when carried in an aircraft and 50 kgs., when kept at an aerodrome; 1 [(f) and sale from a shop of amorces (an explosive of Class 7 and division 2) in quantity not exceeding 12.5 kgs.] : Provided that in. respect of clauses (b) and (c) the Central Government may prohibit the possession of any explosive or prescribe any conditions under which the explosives can be possessed without a licence when consi- dered necessary for the security of public peace. (2) Notwithstanding anything contained in Rule 113, no licence shall be necessary for the sale of such explosives manufactured by the Armed Forces of the Union and Ordnance Factories or other establishment of such Forces as are sold or delivered to any person who is in possession of a valid licence issued under these rules for the class and quantity of explosives so sold or delivered. 1. Inserted by Noti. No. G.S.R. 995(E), dated 16-12-1987 (w.e.f. 18-12-1987). 115. Possession in the licensed premises only :- A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence. 116. Protection from lightning :- (1) Every magazine shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with the specification laid down in Indian Standard Specification No. 2309 as amended from time to time. (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 competent person holding a certificate of competency in this behalf from the State Electricity Department. A certificate showing the results of such test and the date of the last test shall be hung up in conspicuous place in the building. 117. Precautions during thunderstorm :- Whenever a thunderstorm appears to be imminent in the vicinity of a magazine or store house every person engaged in or about such magazine or store house shall be withdrawn to a safe distance from such magazine and store house and the magazine and the store house shall be kept closed and locked until the thunderstorm has ceased or the threat of it has passed. 118. Building to be kept clean :- (1) 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 the 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. (2) A cemented trough at least 15 centimetres deep shall be provided near each entrance of a magazine or store house. Such trough shall be kept filled with clean water and no person shall enter the magazine or store house without dipping overshoes or feet in such a trough so as to remove any grit or dust. (3) Oiled cotton, oiled rags or oiled waste or any articles liable to spontaneous ignition shall not be taken into any magazine or store house used for storage of explosives. 119. Maintenance of records :- Every person holding a licence granted under these rules for possession, sale or use of explosives shall maintain records in the prescribed Forms and shall produce such records on demand to an inspecting officer. 120. Repairing of licensed magazine or store house :- Before repairs are done to any magazine or store house or part thereof used for storage of explosives, that magazine or store house shall be cleaned by removal of all explosives and by thorough washing. 121. Prevention of introduction of hazardous articles :- The licensee or his authorised agent for the time being incharge of a magazine or store house shall prevent persons employed or engaged in or about the magazine or store house from taking hazardous articles or substances therein by maintaining an effective system of search and also providing them and making them wear, whenever they are in the magazine or store house, working clothes, without pockets, and with suitable shoes. 122. Premises to be kept locked :- (1) Any 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. (2) 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. The name and address of the person with whom the keys will be kept shall be intimated to the licensing authority and the Controller of Explosives having jurisdiction. 123. Guards to be provided :- (1) The licensee shall at his own expenses provide for round the clock safe custody of the magazine or store house a guard which shall be of such strength as the District Authority, may consider it to be sufficient. (2) The licensee shall provide a shelter for the watchman on duty near the magazine or store house. 124. Repacking or opening of packages :- (1) No packages con- taining explosives shall be opened in magazine or store house. (2) Repacking of explosives shall be done, where necessary in an approved open sided shed having smoothly finished cemented floor at a distance as approved by licensing authority. 125. Explosives not to be kept in damaged boxes :- The licensee of every magazine or store house shall ensure that the explosives are always kept in their original outer package. In case the outer package gets damaged so that the explosives contained therein cannot be stored or transported, such explosives shall be repacked only after the same are examined by a Controller of Explosives. 126. Storage of explosives in excess of licensed quantity :- (1) The quantity of any kind of explosives kept in any licensed magazine or store house shall not exceed the quantity entered in the licence against such kind of explosives. (2) Notwithstanding anything contained in sub-rule (1), the Chief Controller may issue a permit, on payment of the prescribed fee to a holder of licence in Form 22 and such holders of licence in Form 21 who also have licence in Form 20 (for the class of explosives) for keeping of explosives in excess of the licensed quantity entered in the licence when he is satisfied that such excess storage is essential and unavoidable aue to circumstances beyond the control of the licensee. The validity of such permit shall not exceed 30 days- (i) the licensing authority shall not issue any permit for excess storage of explosives if the magazine or store house cannot observe the requisite safety distances for the total quantity entered in the licence plus the additional quantity of explosives so permitted ; (ii) no permit for storage of explosives in excess of the licensed capacity shall be granted if the specified distances on the licence around the magazine or store house or the floor space in the specified rooms for storage of each kind of explosives is not adequate for keeping of the total quantity of explosives, including the excess quantity applied for. (3) The licensing authority may refuse to grant a permit for excess storage of explosives if such excess storage is of a repeated nature. (4) No explosive in excess of the licensed quantity shall be stored in the magazine or store house unless a permit in this behalf is obtained from the licensing authority by a letter or telegram. 127. Permit for temporary possession of manufactured fire- works in excess of the licensed quantity :- A permit may be granted by the licensing authority to a holder of licence in Form 24 to possess in addition to a quantity permitted by the licence, any quantity of manu- factured fireworks so that the total quantity permitted to be stored does not exceed 125 kgs. for a period not exceeding 15 days at a time provided that- (a) no rule or condition of the licence other than that prescribing the maximum quantity of fireworks to be possessed is infringed; (b) the applicant pays prescribed fees for excess storage. 128. Quantity of explosives to be purchased in a given period of time :- A holder of a licence to possess, sell or use explosives shall pur- chase only such quantity of explosives in a given period as may be specified in the licence. 129. Storage in a magazine :- An explosive if stored in a magazine shall be stored either in Mode 'A' or Mode 'B' magazine as specified in Schedule VII. 130. Restriction on use of Mode B magazine :- Mode 'B' maga- zine shall be used for storage of explosives required for use for a temporary period for a specific purpose and such magazine shall not be used for sale of explosives. 131. Mound of 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. 132. Magazine or store house to be at ground level :- A magazine or a store house shall be constructed at ground level only as a single storey building. 133. Restrictions on storage :- No explosives, other than fireworks and safety fuse, shall be stored in any store house. 134. Construction of store house :- (1) A store house shall be well and substantially built of brick, stone or concrete and shall be so made and closed as to prevent unauthorised persons leaving access thereto and to secure it from danger of fire from without. Store house shall be well ventilated. (2) Where a store house forms part of a building, the other parts of which are used for any other purpose, it shall be separated therefrom by suitable fire proof partitions and the walls, floor, roof and doors shall be of fire proof materials. Such store house shall not be used for storage of more than 150 kgs. of fireworks or fifty thousand metres of safety fuse and shall be provided with independent entrance and such other measures as may, in the opinion of the licensing authority, be deemed necessary in the interest of prevention of fire or accident. Such store house shall be at a minimum distance of 15 metres from any other premises used for storage of explosives, flammable substances or other hazardous materials and shall not be used for sale of explosives : Provided that such store house may be used for sale of explosives manu- factured within a licensed factory for manufacture of Class 1 and/or Class 7 explosives not exceeding 1 [15] kgs. at a time, if such store house is situated within such factory. 1. Substituted for " (c) by any person for his own private use and not for sale of gun- powder not exceeding 5 kgs. in any State, other than Bihar, Kerala and West Bengal, and of small arm nitro- compound not exceeding 5 kgs. except in the State of Kerala, or 10 [50] metres of safety fuses for blasting or of soaked liquid oxygen explosives in blast holds; ", vide " THE EXPLOSIVES RULES, 1983" Dt.8th March, 1999 Published in Ministry of Industry (Deptt. of Industrial Development), Noti. No. G.S.R. 197(E), dated March 5, 1999, published in the Gazette of India, Extra., Part II, Section 3(i), dated 8th March, 1999, p. 2, No. 123 [F. No. 2/4/98-Expl.] 135. Construction of premises :- (1) All explosives on the premises shall be kept in a brick, stone or concrete building which is closed and secured so as to prevent unauthorised person from having access thereto. (2) The premises shall have a floor area of minimum nine square metres. (3) The premises shall have independent entrance and exit. (4) If the premises are situated in a building used for other purposes also, such premises shall not be situated under a staircase and shall be so located as not to obstruct any passage in from or to the building in case of fire or accident. (5) The premises shall be situated at ground level. 136. 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 fire- works shall immediately be placed in a clean, dust free and spark proof receptacle. (5) A receptacle that contains fireworks shall- (a) not to be used otherwise than as a container for fireworks; (b) not to be opened except when fireworks are being placed in or taken from it; (c) at ali times to be kept clean and free from dust and grit ; (d) not have in it any matches including Bengal Matches ; and (e) not have in it any means of artificial lighting. 137. Safety distances to be maintained :- The premises licensed in Form 24 for storage and sale of small arms nitro-compound, fireworks or 1 [gunpowder and] safety fuse shall be at a distance of minimum 15 metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials. 1. Inserted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18.1-1988). 138. Sale of other articles prohibited :- The premises in which small arms nitro-compound fireworks or 1 [gunpowder and] safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes. 1. Inserted by Inserted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18.1-1988). (w.e.f. 18-1-1988). 139. Explosives to be sold from licensed premises :- No person shall sell explosives from any premises other than those licensed under these rules. 140. Defacing of marking prohibited :- No person who sells any explosives shall alter or deface any printing or marking on the explosives or the packages thereof. 141. Restrictions on sale of explosives :- (1) No person shall sell any explosive to any person who is not authorised to possess such explosives under these rules. (2) No person shall sell, deliver or cause to be delivered to any person any explosive that has deteriorated or is defective. (3) A licensee selling explosives to a holder of licence in Form 23 shall endorse the transactions on such licence form. 142. Explosives not to be exposed for sale :- An explosive shall not be hawked, sold or exposed for sale upon any highway, street, public thoroughfare or public place. 143. Small packages to be clearly marked :- 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- (1) name of the explosives ; (2) class and division according to Schedule I ; (3) quantity of explosives packed; (4) licence number of the magazine from where the explosives were supplied and packed; (5) name of the person who packed the explosives ; (6) date of packing ; (7) name of the consignee. 144. Competent persons to be employed :- N o person shall use explosives for blasting purposes unless he employs a qualified shot-firer holding a Shot-Firer's Permit granted under these rules : Provided that for blasting operations in mines coming under the purview of the Mines Act, 1952, such shot-firer shall have qualifications prescribed in the regulations framed under the said Act. 145. Restrictions on preparation of charges :- (1) An explosive of one description shall not be converted into an explosive of another des- cription and an explosive shall not be unmade or resolved into its ingredients. (2) The explosives of Class 2 or Glass 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. (3) The licensee shall get prior approval of the authority which granted his licence for preparation as is allowed by these rules. 146. 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. (2) Explosives shall not be taken to a point nearer than 50 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 were taken. (5) The containers 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. 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. 147. Explosives to be examined before use :- (1) Explosives before use shall be visually examined for any visible defects and any defective explosives shall not be used. (2) Any explosives 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. 148. 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 10 metres of the holes unless otherwise specified to the contrary by the licensing authority. (3) When charging is completed, any surplus explosive, detonators and 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 prematurely 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. 149. Suitable warning procedure to be maintained :- The licensee or a competent person appointed by the licensee to be incharge 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. 150. 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 cms. and should then be made clean and bright for a minimum length of 2.5 cms. and the ends to be joined should be twisted together so as to have a positive metal contact. 151. Precautions against stray currents :- Where electrically operated equipment is used in locations having conductive ground or conti- nuous metal objects, tests shall be made for stray currents to ensure that electrical firing can proceed safely. 152. Person incharge to be responsible :- The licensee or a com- petent person employed by him to be incharge of blasting operations shall take all precautions against fire or accident involving explosives. 153. Blasting operations in mines :- Nothing in rule 146, rule 148 to rule 151 shall apply for blasting operations in mines under the purview of the Mines Act, 1952, and such operations shall be carried our according to regulations, framed under that Act. CHAPTER 7 Licences 154. Application for licence :- (1) A person desiring to obtain or renew or amend a licence under these rules shall submit an application in writing to the authority empowered to grant, renew or amend such a licence. (2) The application shall be signed by the licensee or applicant himself, as the case may be, or by a person authorised by him in writing in this behalf, and shall, in the latter case, be accompanied by such authorisation. (3) Every application for grant of a licence to manufacture explosive shall consist of following - (a) an application in Form 3 ; (b) plans of the proposed buildings and the site drawn to scale. The site plan should show full approach road net work to the factory/ or premises; (c) a description of situation) character and construction of all mounds, buildings (production, non-production, stores, adminis- trative, etc.) and safety distances observed by each building; (d) description of process/work to be carried out in each building or part thereof; (e) a description of plant and equipment and its location provided in each building or part thereof; (f) 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 ; (g) a description of maximum number of persons to be employed in each building; (h) a description of any special constructions which the applicant may propose by reason of special circumstances, arising from the location, situation or construction of any building or works, or the nature of process or otherwise ; (i) prescribed scrutiny fee ; ( j ) in case where application is made in the name of a company, the names and addresses of Directors and partners and the name, address and specimen signatures of person or persons authorised to sign correspondence in respect of licence applied for. Any change in such names and addresses should be immediately communicated to the licensing authority. (4) Every application for grant of a licence in Form 21, Form 22 or Form 24 to possess explosives for sale or use shall consist of the following- (a) an application in Form 4 or Form 5, as the case may be; (b) plans drawn to scale of the proposed premises and of the site on which such premises are situated. The site plan should clearly show the complete approach road net work, nearby land marks, distances from nearby protected works ; (c) drawings of the premises and the mounds, if provided ; (d) in case where the application is made in the name of the company, the name and addresses of the Directors and partners and the name, address and specimen signatures of person or persons authorised to sign correspondence in respect of licence applied for. Any change in such names and addresses should be imme- diately communicated to the licensing authority. (5) Application for grant of a licence in Form 23 shall consist of the following- (a) an application in Form 5 for licence as per preamble (b) and (c) or Form 6 for licence as per preamble (a) of the licence Form 23, as the case may be ; (b) plans showing site, location and construction details of the premises. The site plan should clearly show complete approach road network, surround- ing areas, landmarks and safety distances observed. (6) Application for grant of a licence in Form 25 for a Road Van shall consist of the following- (a) an application in Form 7; (b) drawings of the Road Van showing the complete details of construction and other ancillary equipment provided; (c) prescribed scrutiny fee. (7) An application for grant of a licence in Form 26, Form 27, Form 28 or Form 29 shall consist of the following- (a) an application in Form 8, Form 10, Form 11 or Form 12 as the case may be; (b) prescribed scrutiny fee. (8) An application for grant of a Shot-Firer's Permit shall consist of following- (a) an application in Form 9; and (b) prescribed scrutiny fee. 155. Grant of licence :- (1) (a) Licence may be granted by the authorities specified in column (4) of Schedule IV in the Form specified in column (2) for the purpose specified in column (3) thereof on payment of fees specified under these rules: Provided that no new licence in Forms 20, 21 and 22 shall be granted unless the provisions of Rule 156 have been complied with: Provided further that the licensing authority may waive all or any of the provisions of Rule 156, if- (i) 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; (ii) the premises for which the new licence is required are situated within the same survey number, in which the applicant has an existing premises and a current valid licence for the same and the required safety distances are available within the safely distance of such existing premises. (b) No licence for manufacture of explosives 1[* * *] shall be granted or renewed to a person for his factory not registered under the Factories Act, 1948 (63 of 1948) unless he executes a bond in Form 19 in favour of the President of India indemnifying persons injured or dependents of deceased workers in the event of an accident in the factory 2[an amount of Rs 10,000 for factories manufacturing up to 15 kg. of gunpowder or fireworks at any one time], an amount of Rs 25,000, for factories manufacturing up to 200 kgs. of gunpowder or fireworks at any one time and Rs 50,000 in every other case: (2) (a) Licensing authority may grant a licence for the period deemed necessary but not exceeding- (i) six months to import explosives in Form 27 and to export explosives in Form 28; (ii) 3 [3 months] to possess explosives in Form 23 as specified therein; (iii) one month for public display of fireworks in Form 29; (b) Every other licence granted or renewed under these rules shall remain in force until the expiry of the financial year immediately following the financial year in which it was issued. (c) Notwithstanding anything contained in clause (b), the licensing authority where it is satisfied that a licence is required for a specific work or festival which is not likely to last up to expiry of the financial year for which the licence is granted or renewed may grant or renew a licence for such period as is actually necessary : Provided that the date so specified does not extend beyond the expiry of the financial year following the year in which the licence is granted or renewed. (3) An applicant for grant of a new licence in Form 24 or Form 29 may apply to the district authority for a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed and the district authority shall, if he sees no objection, grant such certificate to applicant who shall forward that certificate to licensing authority with his application. (4) The licensing authority may refer an application not accompanied by a certificate granted under sub-rule (3) to district authority for his observations. (5) If the district authority, either on reference being made to him, or otherwise, intimates to the Chief Controller, as the case may be, that any licence which has been applied for should not in his opinion be granted, such licence shall not be issued without the sanction of the Central Government. (6) No licence to import explosives shall be necessary in cases where the explosives imported- (i) is not intended to be stored on the port of import but is intended to be transported direct to a territory not being part of India; (ii) can be possessed without a licence under Rule 114. (7) An application for a licence to use explosives shall, if the operation are to be carried on within 100 metres of a railway line, obtain from the Railway authority concerned a certificate to the effect that there is no objec- tion to the applicant receiving a licence for the site proposed and forward a certificate to the licensing authority with his application. (8) (i) A cultivator applying for a licence in Form 23, shall obtain a certificate from agricultural fieldman or a Gram Sewak or any other local authority to the effect that- (a) the certifying authority has inspected the site and is satisfied that (b) further work which is necessary is not possible without blasting and forward the certificate to the licensing authority with his application. (ii) A person other than a cultivator shall obtain a certificate from local authority having jurisdiction to the effect that the certifying authority has inspected the site and is satisfied that the work for which explosives are required is not possible without blasting. (9) An application for grant of a licence to manufacture Ammonium Nitrate Fuel Oil explosives (ANFO) for own immediate use or to possess for own use liquid oxygen explosives at sites coming under the purview of the Mines Act, 1952, shall be accompanied by a certificate from the Chief Inspector of Mines that the site where such explosives are to be manufactured, possessed and used is under the Control of the applicant and comes under the purview of the Mines Act, 1952 and the applicant is authorised to use liquid oxygen explosives or ANFO explosives and conduct mining operations in the area proposed to be covered by the licence. 1. Omitted by Noti. No. G.S.R. 41(E), dated 15-1-1988 (w.e.f. 18-1-1988). 2. Inserted by Noti. No. G.S.R. 182(E), dated 26-3-1991 (w.e.f. 26-3.1991). 3. Substituted by Noti. No. G.S.R. 511(E), dated 19-6-1985 (w.e.f. 25-6-1985). 156. Procedure to be observed before a licence in Form 20, 21 or 22 is granted :- (1) A licensing authority on receipt of application and the particulars is provided under sub-rule (3) or (4) of Rule 154 shall scrutinise the documents and forward to the applicant a statement showing the distances in Form 17 which should in his opinion be kept clear in and around the factory or magazine premises or any part thereof and from other building and works. On receipt of the statement the applicant shall enter the exact distance which can actually be so kept clear shall sign the statement and shall return it together with any representation which he may desire to make to the licensing authority. (2) After considering any representation made by the applicant under sub-rule (1) and after making such enquiries as deemed necessary, the licensing authority may further scrutinise the application and ask the applicant to make changes considered necessary. (3) After receiving correct documents as per requirements of these rules, the licensing authority shall refer the application to- (i) the district authority concerned together with a description of enquiries to be carried out, a draft licence and a statement in Form 18 showing the distances which he considers should be kept clear in and around the factory, magazine or storehouse; (ii) any other authority for such enquiry as deemed necessary. (4) Upon receipt of the said application the district authority shall forthwith cause notice to be published of such application and of the lime and place at which he will be prepared to hear it, and calling upon any person objecting to the establishment of the factory or magazine or store house on the proposed site to give notice of such objection to him and to the applicant of not less than seven clear days before the day fixed for hearing the application together with his name, address and calling and a short statement of the grounds of his objections. The day of hearing the applica- tion shall be a day following as soon as practicable, after the expiration of the period of one month referred to in sub-rule (6). (5) Where the site of the proposed factory or magazine lies within 1.5 km. of the limits of the jurisdiction of any town planning municipal authority or port authority, the applicant shall prepare, for service on such authority, a notice of the application and of the said day of hearing. (6) The notice under sub-rule (4) shall be published and the notice under sub-rule (5) served, at the expense of the applicant by the district authority not less than one month before the said day of hearing. (7) On the day fixed for the hearing or any day to which such hearing may be adjourned from time to time, the district authority shall hear any objection preferred in accordance with sub-rule (4) and by any authority referred to in sub-rule (5) and shall make such enquiry as he may deem necessary. (8) On completion of the enquiry the district authority shall forward the application, statement and plans to the licensing authority together with a report of the procedure followed by him and whether he has any. objection to the applicant receiving a licence at the site proposed. (9) 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 later than six months of the date of the reference made by the licensing authority. (10) If the district authority objects to the grant of the licence on any of the grounds specified in sub-rule (3), no licence shall be granted by the licensing authority except with the sanction of the Central Government. (11) Notwithstanding anything contained in this rule, provisions of sub- rules (3) to (10) except Rule3(ii) shall not apply in case of an application for grant of a licence to manufacture, possess and sale liquid oxygen explosives or to the manufacture of Ammonium Nitrate Fuel Oil explosives (ANFO) at site of use coming under the urview of the Mines Act, 1952. 157. Procedure to be followed for grant of a licence in Form 22 to possess small quantity of explosives for own use :- Notwithstand- ing anything contained in sub-rules (3) to (7) of Rule 156, where the licensing authority is the Chief Controller or a Controller and where the quantity of explosives proposed to be possessed for own use under a licence in Form 22 does not exceed 100 kgs. the applicant may apply to the district authority together with an application in Form 5, statement in Form 17 and the necessary plans for the grant of a certificate to the effect that there is no objection to the applicant receiving a licence for the site proposed and the district authority shall, if he sees no objection after conducting enquiries as required under these rules, grant such certificate to the applicant who may forward it to the licensing authority together with his application. 158. Procedure to be observed for grant of a shot-firers permit :- (1) The Chief Controller or any authority authorised by him in this behalf shall conduct such examination and enquiries as deemed necessary before granting a permit to any shot-firer: Provided that no examination of the shot-firer may be necessary if the Chief Controller is satisfied that applicant possesses requisite qualifications and experience. (2) The applicant shall pay prescribed fees for the examination, if any, under sub-rule (1). 159. Procedure on grant of No Objection Certificate by the district authority :- The licensing authority on receipt of No Objection Certificate from the district authority for grant of a licence may make such other enquiries as deemed necessary and take further action for grant of licence: Provided that if the licensing authority does not receive the No Objection Certificate under Rule 156(8) within the time limit or any extension thereof, such authority may advise the applicant accordingly and take further action as deemed necessary. 160. Refusal of No Objection Certificate :- The authority refusing to grant No Objection Certificate as required under Rule 156, shall record in writing its reasons for such refusal and communicate such reasons and facts of the case to the licensing authority. The reasons for not issuing No Objection Certificate may be communicated to the applicant if demanded, unless in the opinion of the licensing authority such reasons cannot be divulged in the public interest. 161. Procedure on grant of a licence for a magazine, store house or to manufacture explosives :- (1) Two copies of every licence granted by the Chief Controller or the Controller shall be forwarded to the district authority and in case the licensing authority is the Chief Controller, the original licence shall be forwarded to the Controller in whose jurisdiction the premises are situated. (2) If the controller after inspection, is satisfied that all the require- ments of these rules and the conditions of the licence have been complied with, he shall forthwith endorse the licence, but unless and until so endorsed, the licence shall not come into force : Provided that when a licence cannot be endorsed forthwith it shall come into force from such date as the licensing authority may order in writing. (3) If the Controller of Explosives decides not to endorse a licence, he shall immediately return the licence to the licensing authority together with a statement of his reasons for not endorsing it. (4) On receipt of statement referred to in sub-rule (3), the licensing authority after making such enquiry) if any, as he may consider necessary communicate his decision to the applicant and the district authority. 162. Procedure on grant of a licence to possess and sell explo- sives) to transport explosives or to possess explosives for own use by cultivators or other persons :- (1) A copy of every licence granted to possess and sell explosives in Form 24 or to transport explosives in Form 26 shall be forwarded to the district authority concerned. (2) The district authority shall forward a copy of every licence granted by him in Form 23 or Form 24 to the Controller having jurisdiction over the area. 163. Particulars of licence :- Every licence granted under these rules shall be held subject to the observance of these rules and the conditions endorsed on it and shall contain all particulars which are contained in the Form prescribed for it by these rules. 164. Amendment of licence :- (1) Any licence granted under these rules may be amended by the authority empowered to grant the licence pro- vided that amendment shall not be 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 therefor; (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 amend- ment ; (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 enquiries and taking such action as deemed necessary may take suitable action to amend the licence. 165. Renewal of licence :- (1) 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 that a licence which has been granted by the district authority may be renewed without any alteration by a Sub- Divisional Magistrate or an Executive Magistrate or a Taluka Magistrate duly authorised by the district authority in this behalf. (2) The Controller authorised by the Chief Controller under sub-rule (1) may, and when so required by the Chief Controller, shall require the licensee to follow the procedure laid down under sub-rule (1) of Rule 156 before renewing licence in Form 20 or Form 21 or Form 22. (3) 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 at least 30 days before the date on which the licence expires, and if the application is so made, 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. (4) Every application under sub-rule (3) for renewal of the licence shall be accompanied by the following documents- (i) application in Form 13 ; (ii) the original licence together with its enclosures and approved plans, Schedules and Forms ; (iii) prescribed renewal fee. (5) The same fee shall be charged for the renewal of a licence for each year as for grant thereof: Provided that if the application for renewal is not received within the time specified in sub-rule (3), the licence shall be renewed only on payment of double fee as ordinarily payable for the licence : Provided further that if the renewal application together with complete documents specified under sub-rule (4) is received by the licensing authority after the date of expiry but not later than 30 days 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 double the fee ordinarily payable for the licence. (6) 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 (5), if payable, shall be paid only for the first financial year of renewal. (7) Every licence granted under these rules other than a licence granted for a specified period shall be renewable for two years where there has been no contraventions of the Act or the rules framed thereunder or of any condition of the licence so renewed. (8) Where a licence renewed for more than one financial year is surren- dered 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. (9) No licence shall be renewed if the application for renewal is received by the licensing authority after 30 days of the date of its expiry. (10) When a licence is renewed by the Chief Controller or a Controller, an intimation to that effect shall be sent to the district authority concerned and when a licence is renewed by the district authority, an intimation to that effect shall be sent to the Controller having jurisdiction. 166. Refusal to amend or renew a licence :- (1) The licensing authority refusing to amend or renew a licence shall record its 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 rules framed thereunder. (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. 167. Suspension and revocation of licence :- (1) An order of suspension or revocation of a licence shall take effect from the date specified therein and shall be deemed to have been served if sent by post to the address of the licensee entered in the licence. (2) The suspension of a licence shall not debar the holder of the licence from applying for its renewal in accordance with the provisions of Rule 165. 168. Procedure on expiration, suspension or revocation of licence :- (1) A licensee on the expiration, suspension or revocation of his licence forthwith give notice to the licensing authority of the description and quantity of explosives in his possession and shall comply with any directions which the licensing authority may give in regard to their disposal. (2) The licensing authority may grant for a term not exceeding three months from the date of expiration, suspension or revocation, as the case may be, a temporary licence for the possession and sale of the explosives actually held at the time of the issue of the temporary licence. (3) The fee chargeable for a licence granted under sub-rule (2) shall bear the same proportion to the fee charged on the expired or revoked licence as the period covered by the temporary licence bears to a full year. 169. Appeals :- (1) An appeal against an order of licensing authority refusing to grant or renew a licence or suspending or revoking a licence or varying the conditions of a licence shall lie- (i) if the order is passed by the Chief Controller to the Central Government; 1[***] (ii) if the order is passed by the Controller to the Chief Controller.2['and'] 3 (iii) if the order is passed by the District Authority to the next immediate higher authority. (2) Every appeal shall be preferred in accordance with the provisions of the Act and shall be presented within 30 days of the date of the com- munication of such order. (3) Every appeal shall be accompanied by fees specified in rule 176 and 177 and the fees shall be refunded to the appellant if the appeal is upheld by the appellate authority. (4) Appeal against the order of the district authority refusing grant of No Objection Certificate shall lie with the authority immediately superior to such authority. Such an appeal shall be filed in accordance with the pro- cedure laid down by such appellate authority. 1. Omited for "and ", vide " THE EXPLOSIVES RULES, 1983" Dt.5th February, 1998 Published in Ministry of Industryy (Deptt. of Industrial Development), Noti. No. G.S.R. 71(E), dated February 5, 1998, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th February, 1998, p. 2, No. 40 [F. No. 2(3)/96-EXPL] [L] 2. Inserted vide " THE EXPLOSIVES RULES, 1983" Dt.5th February, 1998 Published in Ministry of Industryy (Deptt. of Industrial Development), Noti. No. G.S.R. 71(E), dated February 5, 1998, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th February, 1998, p. 2, No. 40 [F. No. 2(3)/96-EXPL] [L] 3. Inserted vide " THE EXPLOSIVES RULES, 1983" Dt.5th February, 1998 Published in Ministry of Industryy (Deptt. of Industrial Development), Noti. No. G.S.R. 71(E), dated February 5, 1998, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th February, 1998, p. 2, No. 40 [F. No. 2(3)/96-EXPL] [L] 170. Procedure to be followed by the appellate authority :- 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 reason- able opportunity of being heard, pass final orders. 171. 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 licensee's death or his mental incapability or his insolvency or disability. (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 incapability or other disability; and (b) the stock of all explosives kept at the licensed premises and shall await the directions of the licensing authority with regard to the disposal of such explosives. 172. Loss of licence :- Where a licence granted under these rules or an authenticated copy thereof granted under Rule 173 is lost or accidentally destroyed, a duplicate may be granted on payment of fees, specified in rule 176 and rule 177. 173. Production of licence or pass on demand :- (1) Every person holding or acting under a licence granted under these rules shall, when called upon to do so by any officer specified in sub-rule (1) of Rule 179, 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 officer specified in sub-rule (1) of Rule 179. (3) Copies of any licence may, for the purposes of this rule, be authenti- cated free of charge by the authority which granted the licence. 174. 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 effect the powers of executive control of the Chief Controller over the officers subordinate to him. CHAPTER 8 Fees 175. Procedure for payment of fees :- The fees payable under these rules shall be paid in the following manner : (1) Fees payable to Chief Controller shall be paid by a Crossed Postal Order or a Crossed Bank Draft drawn in favour of Chief Controller of Explosives, Nagpur. The bank draft should be drawn on any nationalised bank and payable at Nagpur. Fees up to Rs 100 in each case, may also be paid in cash at the office of the Chief Controller. (2) Fees payable to a Controller of Explosives shall be paid by a Crossed Postal Order or a Crossed Bank Draft drawn in favour of the Controller of Explosives to whom the payment is made. The Bank Drafts shall be on any nationalised bank payable at the station where office of Controller to whom payment is to be made is located. Fees up to Rs 100 in each case, may also be paid in cash at the office of Controller concerned. (3) Fees payable to District Authority or any other authority under these rules shall be paid in such manner as may be specified by that authority. 176. Fees other than licence fees :- The following fees other than licence fees shall be payable under these rules: 176A. Fees for testing at Departmental Testing Station. :- Fees for testing of explosives at the Departmental Testing Station shall be as per the following Schedule: 177. Licence fee :- (1) The following fees shall be payable per year for each licence issued under these rules : CHAPTER 9 Power of Officers and Penalties 178. 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 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 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 Chief Controller within the time specified in the order and the order of the Chief Controller on such appeal shall be final. (3) Every appeal preferred under sub-rule (2) shall be in writing and shall be accompanied by a copy of the order appealed against. (4) If the occupier or owner fails to comply with an order made under sub-rule (1) within the time specified in it or where an appeal is preferred under sub-rule (2), fails to comply with the order of the Chief Controller thereon within the time fixed in such order, he shall be deemed to have committed a breach of this rule. 179. Powers of search and seizure :- (1) Any officer specified in column (1) of the Table below may within the areas specified in the corresponding entry in column (2) of that Table- (a) enter, inspect and examine any place, aircraft, carriage or vessel 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 manufac- tured, possessed, used, sold, transported, exported or imported in con- travention of the Act or these rules; (b) search for explosives or ingredients thereof; (c) take samples of any explosive or ingredients found therein free of charge; and (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 Officers Areas (1) (2) The Chief Controller and Controller of Explosives. All parts of India. All District Magistrates. Their respective districts. All Executive Magistrates Subordinate to the District Their respective jurisdiction. Magistrate. All Commissioners of Police and Police Officers of rank not The area over which their below that of ** [a Sub-Inspector of Police]. authority extends. The Chief Inspector of Mines and officers subordinate to him. The respective areas over which their authority extends. (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 forthwith 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 authority seizes, detains or removes any explosives or ingredients thereof (3) Whenever any explosives are seized they shall be stored up in an isolated place under adequate guard until examination by Chief Controller or Controller and receipt of instructions from him as to their disposal. 180. Power to destroy explosives and ingredients thereof :- (1) The Chief Controller or a Controller- (a) shall destroy any explosive, 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 5th (Fulminate) class 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 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 explo- sive or ingredient thereof or renders it harmless under sub-rule (1), he shall take and keep a sample thereof provided 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, 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, store house or place of the owner of the explosives. 181. Procedure on reports of infringement :- Whenever any report is made to the district authority by the Chief Controller or Controller of an infringement of the act or of these Rules district authority 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 10 Accidents and Enquiries 182. Notice of accident :- The notice of an accident required to be given under Section 8(1) of the Act shall be given forthwith-- (a) to the Chief Controller of Explosives by Express telegram (Tele- graphic address-EXPLOSIVES, NAGPUR) followed within 24 hours by a letter giving particulars of the occurrence ; (b) Controller of Explosives in whose jurisdiction accident has taken place; and (c) to the Officer-in-charge of the nearest Police Station ; pending the visit of the Chief Controller, or his representative, or until instructions are 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 through communication. 183. Procedure at courts of inquiry :- (1) The Chief Controller shall arrange with the Heads of 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. 184. Inquiry into accident :- (1) Whenever a District Magistrate, a Commissioner of Police or a Magistrate subordinate to a District Magistrate holds an inquiry under Section 9(1) 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 the Magistrate has received information from the Chief Controller that officer does not wish to send a representative. (2) The Magistrate shall, at least 21 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 Magistrate, before the adjournment, may, take evidence to identify any 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 witnesses subject to the order of the Magistrate on points of law. (5) Where the Chief Controller is not present or represented at any inquiry held by a District Magistrate or a Commissioner of Police or a Magistrate subordinate to District Magistrate a copy of the report of the proceedings thereof shall be sent to him. 185. Inquiry into more serious accidents :- (1) Whenever an inquiry is held under Section 9-A 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. (2) 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 21 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. (3) Person attending as witnesses before this Court shall be allowed such expenses as are payable to witnesses attending before a civil court subordinate to the High Court having jurisdiction in the place where the inquiry is held. In case of dispute as to the amount to be allowed the question shall be referred to the local magistrate who, on request by the Court shall ascertain and certify the proper amount of such expenses. (4) All expenses incurred in relation to an inquiry or investigation under this rule shall be deemed to be part of the expenses of the Department of Explosives. 186. Repeal and savings :- (1) The Explosives Rules, 1940, are hereby repealed. (2) Notwithstanding such repeal- (i) all licenses 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 ; and (ii) 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 or under this Act-or these rules. SCHEDULE 1 SCHEDULE I CLASSES OF EXPLOSIVES (See Rule 3) Explosives are divided into 8 classes as follows : Class l Gunpowder Class 2 Nitrate-mixture Class 3 Nitro-compouad Class 4 Chlorate-mixture Class 5 Fulminate Class 6 Ammunition Class 7 Fireworks Class 8 Liquid Oxygen Explosives SCHEDULE 2 SCHEDULE II \ \ \ \ \Packing of Explosives \ \ \ \ \ \(See Rule 8) (1) In this Schedule unless the context otherwise requires- the expression ''outer package'' means a box, barrel, case or cylinder of wood, metal, 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; the expression "inner package" means a substantial case, bag, canister, or other receptacle, made and closed so as to prevent any explosive from escaping; wherever an explosive is distinguished as belonging to a particular class or division of a class, the reference is to the classification specified in Schedule I; the expression "propellant" means an authorised explosive of the 3rd (Nitro Compound) Class adapted and intended exclusively for use as a propelling charge in cannon or small arms. (2) The interior of every package shall be free from grit and otherwise clean. (3) Save as provided in the Table appended to this Schedule there shall be no iron or steel in the construction of any package unless the same is covered with suitable material so as effectively to prevent the exposure of such iron or steel. (4) A package when actually used for the packing of one explosive shall not be used for the packing of any other explosive or of any other article or substance: Provided that nothing in this clause shall be deemed to prohibit- (a) the packing in the same outer package of inner packages containing a propellant together with inner packages containing gunpowder or another propellant ; or (b) the packing in the same package of any article which is not of enflammable or explosive nature ; or liable to cause fire or explosion together with an explosive of the 1st Division of the 6th (Amendment) Class. (5) Nothing in this Schedule shall be deemed to prohibit the use of an additional package, whether inner or outer, of a character not expressly prohibited in writing by the Chief Controller. (6) Use of metal bands wires on packages is prohibited unless specifically authorised by the Chief Controller in relation to packing of any explosives. (7) Material of which the packages and their closures are made must not be liable to attack by the contents and form harmful or dangerous compounds therewith. (8) Packages must be sufficiently rigid and strong in all their parts to prevent any loosen- ing during transport and to meet normal requirements of such transpert. Solid substances shall be firmly secured in their packages, and inner packages shall be firmly secured in outer packages. Unless otherwise specified inner packages may be enclosed in outer packages, either singly or in groups. (9) Cushioning material, if used, shall be suited to the nature of the contents of the packages. (10) An explosive that is not authorised explosive shall be packed in such a manner as may be directed by the Chief Controller with reference to such explosive. (11) (a) The outer package shall be used only once for packing and transport of explo- sives. (b) When the explosives contained in outer package are removed therefrom, the outer package shall be destroyed or disposed of in such a manner that it cannot be re-used for any purpose. (12) Where metal boxes are used, they shall be fitted with closures or safety devices yield- ing when the internal pressure reaches a value not greater than 3 Kg./cm 2. Such closures or safety devices shall not impair the strength of metal boxes. Boxes made of zinc sheet or alu- minium shall be completely lined with wood or fibre board. TABLE Item Class Method of packing Amounts Amount No. in any in any one one outer inner package package (1) (2) (3) (4) (5) 1. Class 1 When the quantity in any one consignment does not exceed 2.5 Kg., a single outer package- When the quantity exceeds 2.5 Kg. a double 50 Kgs. 2.5 Kgs. package, the inner and outer packages Provided that where being as defined in clause (1) of this Sche gun powder and pro- dule. Inner Packages if made of metal pellants are packed shall be secured by cushioning material. together the amount shall not exceed. 25 Kgs. 2.5 Kgs. 2. Class 2 The material except site mixed Ammonium 25 Kgs. 2.5 Kg.. Nitrate Fuel Oil explosive shall be suitably cartridged in wrappings made of suitable plastic material or papers so as to maks if impermeable and protect from damp. Fur - ther packing as lor Class ). 3. Site Mixed As approved by Chief Controller Ammonium Nitrate Fuel Oil mixture (ANFO). 4. Class 3 The material shall be cartridged in wrappings 25 Kgs. 2.5 Kgs. Division 1 made of paper or polythene that has been other than made impermeable. The wrapping should propellants. also protect the 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 package, and (2) wire stiching may be used for secur ing the inner package if the wire is effec tively 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 Kgs. 25 Kgs. Division 1 propellants. 6. Class 3 As for Class 1 25 Kgs. 25 Kgs. Division 2 Other than Picric Acid. Wet Gun Cotton Penta Ery- thritol Tel- ran it rate RDX, Teri- nitro Resor- cinol (Styphinic Acid). 7. Picric Acid As fur Class 1 Unlimited Unlimited 8. Gun Cotton As for Class 1, provided that the inner or Unlimited Unlimited so wetted outer package or both of them shall he of with water such nature, and so closed, as to prevent as to be any material loss of moisture. absolutely uninflamm- able. 9. Penta- In double package, the inner package shall be 22.5 Kgs. 11.25 Kgs. Erythritol- a polythene bag closed at the top with twine (dry (dry Tetranirrate thread and placed in a bright tin container. basis) basis) (P.E.T.N. Both the bag and the tin container shall be Penthrite) so closed as to prevent any material loss of containing moisture. The outer package shall be as 25% of defined in clause (1) of the Schedule and moisture. so closed as to prevent any material loss of moisture. 10. RDX As for PLTN 22.5 KB.. 11.25 Kgs (dry (dry basis' basis) 11. Tri-Nitro As for Class 1, provided that Trinitro-Resor- 25 Kgs. 25 Kg. Resoreinol cinol (Styphnic Acid) shall be wetted with of wet of wet (Styphnic not less than 20% of water calculated on the explosive explosive Acid). wet explosives and 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 pro- 25 Kgs. 2.5 Kgs. Division 1 pellants. 13. Class 4 As for Class 1 25 Kgs. 2.5 Kgs. Division 2 14. Class 3 The explosives shall be packed wet containing 100 Kgs. 12.5 Kgs. not less than 25% water, and shall in this condition be enclosed in a treble package ; the inner most package containing the wet explosive shall be a bag of heavy cotton cloth or other suitable material of close mesh but permeable to water ; the inter mediate package shall contain all the indivi dual packages and sufficient water to keep the explosive in them constantly wet, and may, consistent with the requirements of the security of the whoie package, be in the form of a rubber bag, or of acase, or of such special lining to the other packages as will efficiently attain this object, and it must itself be constantly surrounded by or satu rated with water, the outer package con taining sufficient water constantly to sur round the case. Both the intermediate package and the outer package shall be of such construction and material as will nut allow water to escape, If the explosive is of such character that it cannot be packed in a thoroughly wet condition, it shall be packed in accordance with conditions prescribed by the Chief Controller. 15. Class 6, A single oilier package. Provided that Unlimited Division 1, clause (3} of this Schedule shall not apply other than to explosives of this Division : Pinfire car Provided also that butleted cartridges of a tridges for calibre exceeding 1.27 cm. and belonging pistols. to this 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 50 in cartridges consignmentSo packed in a single pack number for pistols age 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 numberIn an inner and 2500 in 50 in outer package, the cartridges being packed number number in inner packages with millboards as above required. 17. Class 6, explosives made up into carriages or charges Division 2 for cannon, shells, torpedoes, mines, blast ing or other like purposes shall be packed in such manner and in such quantity as is required for the sarne explosive when nut so made up : Provided that. where a double package is required, the enclosing case of such car tridges or charges may, if it satisfies the conditions required for an inner package, be deemed to be such inner package. Other ammunition of this Division-A single outer package. 50 Kgs, 18. Class 6, As for Class 1 25 Kgs. 1 Kg. or Division 3, lOin other than Provided that bulleted cartridges of a calibre number, Detonators exceeding 1.27 cm. and belonging to this whichever and Electric Division shall be packed in such a manner be the Detonators that the point of any bullet cannot come greater in contact with the cap of another cartridge. 19.. Detonators (a) Not exceeding 1,000 in any one consign- 1000 in 100 in ment. As for Class 1, provided that the number number detonators and the spaces between the same and between the sides of the inner pack-age 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 ma terial shall be placed between both ends of all the detonators 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 he lined throughout with the paper or other sofi material. (b) Exceeding 1,000 detonators. The deto 10,000 in 1,000 in nators shall be packed in inner packages, number number 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 cm. between the case and every part of the interior of the said outer pack ages, notwithstanding that such clear space may, if preferred be tilled with sawdust, straw or other similar material or may contain ii light framework or baltens of wood to keep the case aforesaid in position in the outer package. (c) Where the number of detonators exceeds 5,000 such outer packages shall be provided with handles or other connivance, by means of which it can be safely and conveniently carried. 20. Electric As for Class 1 , provided that where the num 5.000 in 100 in Detonators. ber in any outer package exceeds 3,000 such number number outer packages shall be provided with handles or other contrivance, by means of which it can be safely and conveniently carried. 21. Class 7,. Double package, the inner package being hermetically 10 Kgs. 0.5 Kgs. Division 1. closed and contained in an outer package as above defined. 22. Class 7, Single outer package, provided that clause (3) of this 5U Kgs. Division 2. Schedule shall not apply to explosives of this class and Division. 22[22(a). Class 7, Single outer package 25 Kgs. Division 3. 22(b). Class 7, Single outer package provided that clause (3) of this 50 Kgs. Division 4. Schedule shall not apply.] 23. Class 8, Cartridges packed and transported for immediate use in L.O.X. insulated packing boxes of a design approved by the (Liquid Chief Controller. Oxygen) Ex plosives. SCHEDULE 3 SCHEDULE III METHODS OF TESTING (See Rule 21) 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. THE HEAT TEST AS APPLIED TO EXPLOSIVES 1. Apparatus and Materials employed Specifica Pattern Article tion No. 1 2 3 A Acid, Acetic 56.8 cc. bottle 1 I Balance 1 II Bath, water 1 III Bath, water, for hot water heating* 1 IV Beaker, glass, 1 1/3 litres 1 V Bottle, dropper, brown glass, 28.4 cc. (for glycerine and water mixture) 1 VI Bottle, glass-stoppered, brown glass, 28.4 cc (for standard tint papers) 1 VII Bottle, glass-stoppered, brown glass, 56.8 cc. (for test papers' 1 VIII Brush, cleaning 2 IX Brush, cleaning, test tube 1 X Burner, gas, Argand, and screen 1 XI Caps, for test tubes A sufficient supply B XII Chalk, French A sufficient supply XIII Foiceps, lifting, heat test papers 1 XIV Funnel, aluminium 1 C XV Funnel, glass 1 Glycerine 28.4 cc. bottle 1 XVI Knife, cordite 1 XVII Lid, Water bath 1 XVIII Mill, cordite 1 XIX Needle, piercing, heat test papers 1 XX Oven, water 1 D Paper, filter A sufficient supply Papers, filter, 5.5. cm. -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 A 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 A sufficient supply XXXV Thermometers, glass, and wood case 2 XXXVI Trays, aluminium 6 XXXVII Tray, cordite knife 1 XXXVIII Tubes, heat test A sufficient supply XXXIX Tubes, standard tint paper 1 XL Tubing, rubber, Argand gas burner A sufficient length Water distilled A sufficient supply XLI Weights, gramme and forceps in box A set SCHEDULE 4 SCHEDULE IV (See Rule 155) Licensing Authority Article Form of Purpose for which granted Authority empowered to No. Licence grant (1) (2) (3) (4) 1(a) 20 To manufacture explosives other than fireworksGun Chief Controller powder, ANFO at site and Liquid Oxygen ex plosives. l(b) 20 1[To manufacture fireworks and/or gunpowder District Authority (i) up to 15 kgs. (ii) more than 15 kgs. and up to 200 Controller of Explosives, kgs. authorised by Chief Con troller.] 1(c) 20 To manufacture Fireworks and/or Gunpowder more Chief Controller than 200 kgs. at a time. l(d) 38 To manufacture ANFO explosives at site. Controller of Explosives authorised by Chief Con troller l(e) 39 To manufacture liquid oxygen explosives. Chief Controller 2(a). 21 To possess for sale explosives not exceeding 2000 kgs, Controller of Explosives of Class 1, 2, 3, 4 & 7 together with explosives of authorised by Chief Con Class 6. troller 2(b) 21 To possess for sale explosives exceeding 2000 kgs. of Chief Controller Class 1, 2, 3. 4 & 7 and any quantity of Class 5, 6 and 8. 3(a) 22 To possess fur use explosives not exceeding 2000 kgs. Controller of Explosives of Class 1, 2, 3 4 & 7 together with explosives of authorised by Chief Con Class 6. troller 3(b) 22 To possess for use explosives exceeding 2000 kgs. of Chief Controller Class 1, 2, 3, 4 & 7 and any quantity of Class 5, 6 and 8. 4(a) 24 2[To possess and sell from a shop small-arms nitro- Controller of Explosives compound not exceeding 25 kgs., or fireworks not authorised by Chief Con exceeding 100 kgs. of Class 7 Division 2 sub troller division 2, 1000 kgs. of Class 7 Division 2 sub division 1, or gunpowder not exceeding 25 kgs. and safety fuse not exceeding 10.000metres.) 4(b) 3[To possess and sell from a shop fireworks not exceed District Authority ing 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.] 5(a) 23 To possess for own use Class 2 and/or Class 3 ex District Authority plosives not exceeding 5 kgs., electric or ordinary detonators not exceeding 10 numbers and safety fuse not exceeding 200 metres. 5(b) 23 To possess for use small-arms nitro-compound not District Authority exceeding 5 kgs. in the State of Kerala. 5(c) 23 To possess for use gunpowder not exceeding 5 kgs. and District Authority safety fuse not exceeding 50 metres in the State of Bihar. Kerala and West Bengal. 6 27 To import explosives. Chief Controller 7 28 To export explosives. Chief Controller 8 26 To transport explosives Controller of Explosives 9 25 For road van Controller autho- rised 10 29 For public Display of Fireworks Controller by Chief Controller 11 Special To manufacture explosives not provided in Anicle 1 Chief Controller SCHEDULE 5 SCHEDULE V-FORMS SCHEDULE 6 SCHEDULE VI \ \ \ \ \(See rule 31 and Rule 36) EXPLOSIVES PERMITTED TO BE IMPORTED AND TRANSPORTED BY AIR (See Rules 31 and 36) EXPLOSIVES PERMITTED TO BE IMPORTED AND TRANSPORTED BY AIR Sl. No. Name and description Class Division Quantity permitted in Passenger Cargo Aircraft Aircraft 1. *Aeroplane flares 95 Kgs. 2. Amorces 7 2 25Kgs. 70 Kgs 3. Chinese Crackers 7 2 95 Kgs. 4. Detonating Fuse 6 2 25 Kgs 140 Kgs. 5. Roman Candles 7 2 25 Kgs. 95 Kgs. 6. Safety Fuse 6 1 25 Kgs. 140 Kgs. 7. Ship Distress Signals 7 2 95 Kgs. 8. Smoke Candles 25 Kgs. 95 Kgs. 9. Sparklers 7 2 25 Kgs. 95 Kgs. 10. *Squiba Electric 25 Kgs. 70 Kgs. 11. (Aluminium or Magnesium) Torches 7 2 25 Kgs. 95 Kgs. 12. Very Signal Cartridges 7 2 25 Kgs. 45 Kgs. 13. Wheels 7 2 25 Kgs. 95 Kgs SCHEDULE 7 SCHEDULE VII \ \ \ \ \ \SPECIFICATIONS The specifications laid down in this Schedule are for general guidance only. Approval of the Chief Controller should be obtained separately for each case. \ \ \ \ \ \SPECIFICATION 1 Specification for a road van for carriage of explosives only. \ \ \ \ \ \PART I (1) Air space between body and cab.-A clear space of at least fifteen centimetres shall be left between the Body and Cab. (2) Driver's cab.- The cab shall be fitted and covered externally with .914 mm. alu- minium sheeting. The wood if used shall be treated as to render it uninflammable. (3) Cab-Doors shall be fitted having windows of non-splinter type glass. (4) Wind Screen.- A substantially framed wind-screen shall be fitted with the portion in front of the driver's seat pivoted on strong brass quadrants for opening. (5) Fuel Tank.-The fuel tank (petrol) shall be in front of the fire screen described under item (11) below. It should be so located as to minimise the possibility of its being damanged should the vehicle be involved in an accident. Stone guards should be provided if required by approving authority. (6) Fuel cut-off.-A quick acting cut off (for petrol lines) shall be fitted on the feed pipe in an easily accessible position and shall be capable of being operated without the necessity. of lifting the bonnet and shall be so located as not to be invoked in a fire in the engine, (7) Exhaust pipe and Spark Arrestor.-The whole of the Spark Arrestor and exhaust piping shall be in the front of the fire-screen described in item 11. (8) Fire Extinguisher.-Two chemical fire extinguishers of minimum 2 Kgs. shall be provided. The fire extinguisher should be capable of dealing with petroleum fire. (9) Self Starter.-A self starter shall be provided. (10) Lighting.-Electric head, side and tail lamps shall be provided and shall be operated from the dash board. All electric wirings and battery cables shall be fully enclosed and main- tained in good operating condition. (11) Fire Screen.-Shall consist of one ply asbestos and 18 gauge steel sheets fitted to the whole of the driver's cab and extending to within 300 mm. of the ground. The part extending from bottom of the cab to within 390 mm. of the ground shall be carried on an iron angle frame of light construction. (12) Body.-A body conforming to the second part of this specification shall be fitted. (13) Spare Wheels.-One spare wheel inclusive of outer covet and inner tube ahall be carried for each me of wheel on the chassis. (14) Painting and Markings.-Body and Cab shall be painted and marked and lined with a colour approved by the licensing authority. The van should be painted with aluminium or white paint. The letter 'E' should be written prominently on the sides and rear of the van. The name and address of the licensee and the licence number should be written in small letters on one side. Vehicles holding inter-state/national permits shall be painted as per directions of Road Transport Authority. However, another circle of 60 cms. diameter in red colour should be painted on one of the flaps of rear door of van with letter 'E' inscribed in the circle. (15) Total maximum load.-The total maximum load for a vehicle shall be equal to or exceed gross vehicle weight rating. (16) Inspection.-The whole of the work shall be to the satisfaction of the licensing autho- rity who shall have free access at any time to the workshop fabricating the body and who may reject any material or workmanship which does not comply with this specification. \ \ \ \ \ \PART II (1) The body framing is to be constructed of best selected, teak thoroughly seasoned and free from all defects. All joints are to be morticed and tenoned or half checked, depending upon their position in the structure, and securely fixed with screws. The joints are to be coated with white lead before assembly. All parts of the framing which will be in contact with the outer metal panelling are also to be thoroughly coated with which lead before panelling is fixed thereto. Iron plates, knees, etc. may be used for stiffening the framing where they are considered necessary, but no such iron work must be exposed in the interior of the completed van body. (2) Flooring.-This is to be constructed of teak boarding tongued and grooved 22.2 mm. thick and about 152.4 mm. or 177.8 mm. in width. It is to be recessed into the soleplate of the van body and below it is to be fixed a sheet of.914 mm. (20 S.W.D.) aluminium sheet. The flooring is to be supported by bearers about 28.6 mm. thick by 50.8 mm. wide, fitted between the soleplate and screwed on the top of the crossmembers of the chassis frame. The sill of the doorway has to have a fall outwards of 6.4 mm. and it should be covered with a brass plate full width of the doorway, 63.5 mm. wide inside, and having its outer edge turned downwards, and secured in position with brass screws. (3) Body panelling and Lining.-The roof, floor, sides, ends and doors of the van are to be covered extrernally with .014 mm. (20 S.W.G.) aluminium sheeting and inner lining may be of asbestos or wood so treated as to be rendered uninflammable or with such other material as may be approved in writing by the licensing authority. This must have a smooth surface, free from distortion or any dents, and it is to be fitted to the framing in sections of convenient size. . The roof heading is of aluminium 19 mm. x 4 mm. whilst a and ends to a dislance of 25.4 mm., the end turnover, being relieved at intervals of 152.4 mm. to allow the sheeting to lie flat on the framing. At all places where sheeting is fixed to the body framework, it has to be covered by a heading. The roof heading is of aluminium 19 mm. x 4 mm. whilst a wooden weather heading is run round the sides and ends where the joint with roof sheeting takes place. At other places aluminium leading 19 mm. x 4 mm. has to be used, excepting only the bottom joint of the sides which is covered by a wooden rail 25.4 mm. wide 38.1 mm. deep, and the central cover joint of the doors, which is formed with flat mild steel strap 38.1 mm. vide. The interior of the van body has to be lined with 20 S.W.G. aluminium sheeting through- out, sides end, roof and doors, the lining has to be fitted in as few sections, as possible, and in all cases brass screws must be used for securing same. (4) Doors.-Double doors are to be fitted at the r.:ar ends of the body and they are to be a close fit all round the framing, panelling and lining of same being similar in all respects to the body works. They are to be bevelled along the bottom to make a watertight joint with the brass covered still of the doorway, and the central joint of doors must also bevelled and covered with slapping as previously mentioned. The doors are to be hung on strong mild steel crook and bank hinges. The band section being 29.7 x 8 mm. and these in turn are to be securely fixed to hinge and angle plates of section 44.4 x 8.0 mm. on the rear frame posts of the van body. The hinges are to be so constructed and set that the doors will swing right round against the van body side, and facilities arc to be provided for fixing the doors in this position. A slot is cut in the clip and for the reception of a brass H, and T.V. padlock on the left hand side of the doors. There shall be no opening in the body of the vehicle except through the doors at the back. No holes shall be drilled in the chassis, unless allowed by the maker for the purpose of securing the yan body. (5) Body dimensions.-The inside dimensions of the body shall be suitable for the quantity of explosives proposed to becarried. The body shall be of such dimensions and fitted ;n such a manner as to keep the vehicle stable during transport of explosives. \ \ \ \ \ \SPECIFICATION 2 Specification for a motor truck for carriage of explosives together with compressor unit (1) A clear air space of at least fifteen centimetres shall be left between the body and the cab. (2) The driver's cab shall be fitted and covered externally with .914 mm. (20 S.W.G.) alluminium sheeting, (3) The cab doors shall be fitted having windows of non-splinter type glass. (4) A substantially framed wind screen shall be fitted with the portion in front of driver's seat pivoted on strong brass quadrants for opening. (5) The fuel tank shall be below the floor level and at least 0.5 M from the boxes carrying explosives. It should be so located as to minimise the possibility of its being damaged should the vehicle be involved in an accident. (6) A quick acting cut-off shall be fitted in petrol engine on the fuel feed pipe in an easily accessible position and shall be capable of being operate without the necessity of lifting the bonnet and shall be located as not to be involved in a fire in the engine. (7) The Spark arrester and exhaust piping shall be below the cab and shall not be below the body. (8) A chemical fire extinguisher of minimum 2 Kgs. shall be provided. The fire extin- guisher should be capable of dealing with petroleum fires. (9) A self starter shall be provided for the engine. (10) Electric head, side and tail lamps shall se provided and shall be operated from the dash board. Electric torches (dry cell type) may be carried for use for lighting during emer- gency. (11) One spare wheel inclusive of outer cover and inner tube shall becarried for each size of wheel on the chassis. (12) No holes shall be drilled in the chassis unless allowed by the maker for the purpose of securing body. (13) The flooring is to be constructed of teack boarding lounged and grooved at least 21 mm. thick and about 150 mm. or 175 mm. in width. (14) Base of the compressor should be minimum 150 mm. high from the floor or the truck body. (15) A mild steel tray shall be provided underneath the compressor and shall be of such size and placed in such a way that all the oil drippings from the compressor shall fall in the tray. (16) The exhaust pipe of the compressor shall face away from the boxes carrying explosives and shall be fitted with an efficient spark arrester. (17) Only approved type of boxes will be used for carrying explosives and such boxes shall be firmly fixed to the body in such a way that there is no movement of the boxes when the truck is in motion. The empty space in the detonator box shall be filled with thermocole pad, foam pad or other similar suitable material to protect movement of detonators during transport. (18) Not more than two boxes for carrying explosives shall be fitted to any truck. One of the boxes shall be used for carrying high explosives and the other for detonators. The boxes shall be fixed in such a way that their doors do not open face to face. (19) The distance between the explosives boxes shall be minimum 1000 mm. The distance between the compressor and the explosives boxes shall be minimum 1500 mm. (20) A suitable fire screen shall be provided between the cab and the boxes carrying explosives. (21) A suitable asbestors or G.I. sheet screen shall be provided between the explosives boxes and the compressor leaving adequate space for movement of operator for removing ex- plosives from boxes. (22) The space between the fire screen under clause 20 and the asbestos screen under clause 21 above shall be suitably covered so as to protect from weather. (23) Not more than 25 Kgs. of high explosives, 200 numbers of detonators and 200 metres of safety fuse shall be carried in the truck. (24) The detonator box shall be fixed away from the battery side and the battery shall be carried in the cab below driver's seat. \ \ \ \ \SPECIFICATION 3 Specification of metal cases for conveyance of explosives General: The body to be of wrought iron, mild steel, hard rolled brass, Muntz metal, or zinc, revetted or welded, fitted at both ends with a substantial flange of same materials or of gunmetal for the attachment of lid and bottom ; if of iron or steel to be thoroughly galvanised after making up or to be effectively painted. Thickness not less than 1.257 mm. (18 BG -- .0495 inches) or, if of zinc, not less than 9.5 mm. The bottom to be of same materials as body or of gunmetal ; if of iron or steel, to be thoroughly galvanised, securely riveted to flange of body or forming part of such flange. Thickness not less than 3.2 mm. or, of zinc, not less than 9.5 mm. Alternatively the bottom may bemade of mild steel of 4.8 mm. thick, thoroughly galvanised and dished so that it fits tightly over the body made of mild steel as above but without a bottom flange. The body to project at least 25.4 mm. into the dished bottom and the edges of the dished end and of the body to be welded continuously to the body and to the bottom of the dished end respectively. The lid to be of same materials as body or of gunmetal ; if of iron or steel, to be thoroughly galvanised. Thickness not less than 1.6 mm. at centre, and not less than 3.2 at rim, or, if of zinc, not less than 9.5 mm. throughout. The lid to be secured by not less than four good screws, bolts or swing bolts, with or without a substantial hinge, which may take the place of one of the four screws, bolts, or swing bolts. A washer of leather, India rubber or other suitable material to be between the lid and the flange, unless the lid is fitted with a projecting ring into a depression in the flange. All rivet heads to be well finished, and the inside of the package to be free from rough edges or burrs. The whole to be of good material and workmanship and to be maintained in a efficient condition. \ \ \ \ \SPECIFICATION 4 Specification of metal eases for conveyance of explosives Duralumin Containers: Dimensions of container inside to be 902 mm. deep by 308 mm. wide by 267 mm. broad. The body of container to be of 1.626 mm. (No. 16 S.W.G.) sheet in one piece rivetted with 8.00 mm. (5/6ths inch) diameter rivets 25.4 mm. pitch at seam. 50.8 mm. pitch at other three corners, having 31.8 mm. by 31.8 by 4.8 mm. angle rivetted on top and round bottom with 8 mm. diameter rivets 25.4 pitch. Bottom of containers to be of 3.25 mm. (No. 10 S.W.G.) sheet fitted with 31.8 mm. by 31.8 mm. by 4,8 angle all round and rivetted with 8 mm. diameter rivets. Corner pieces 2.642 mm. (No. 12 S.W.G.) sheet to be rivetted to angle and to bottom plate with 8 mm. diameter rivets. Cover of container to be of 2.032 mm. (No. 14 S.W.G.) sheet fitted with 37.6 mm. by 25.4 mm. by 4,8 mm. angle all round and rivetted with 8.00 mm. diameter rivets. Corner pieces 2.042 mm. (No. 12 S.W.G.) sheet to be rivetted to angle and cover plate with 8.00 mm. diameter rivets. Cover to be fastened to container by four 12.7 mm. Whitworth Set Pins with washers. Rubber joint 31.8 mm. by 3.2 mm. thick to be rivetted to underside of cover plate by ' twelve 6.3 mm. diameter rivets, 15.9 mm. diameter holes to be bored in cover and joint to suit 12.7 mm. set pins. Two Duralumin drop down handles to be rivetted to body of container. \ \ \ \ \SPECIFICATION 5 Specifications of metal cases for conveyance of explosives The body to be of wrought iron or mild steel, thoroughly galvanised, thickness not less than 18 B.G. (0495 inch) fitted at the top with a flange 12.7 mm. thick made of the Aluminium Alloy (12.5 per cent to 14.5 per cent zinc : 2.5 per cent to 3 per cent copper ; remainder Aluminium). The bottom to be of the Aluminium Alloy, not less than 12.7 mm. thick at the rim, and not less than 4.8 mm. thick at the centre, and provided with a protection 25.4 mm. high and at least 6.3 mm. thick, so made as to be a close fit inside the body, to which it shall be rivetted with rivets 6.3 mm. diameter. The lid to be of the Aluminium Alloy, not less than 12.7 mm. thick at the rim, and not less than 6.3 mm. thick at the centre, and secured by eight screwed studs to the flange. A washer of leather, India rubber, or other suitable material to be between the lid and the flange, unless the lid is fitted with a projecting ring fitting into a depres ion in the flange. All rivet heads to be well finished, and the inside of the package to be free from rough edges or burens. \ \ \ \ \SPECIFICATION 6 Specification of Magazines 1. General: The basic considerations in the construction of magazines are security to ensure that the contents are kept out of the hands of unauthorised persons ; to maintain them in good condition and to reduce the risk of accidental explosion. This calls for a construction which will resist illegal entry as much as possible and is well ventilated. In choosing a site for a magazine, consideration should be given to any protection of life and property offered by natural features of the ground in the event of a fire and/or an explosion. The suitability of a site and the amount of explosives that may be stored are determined by its distance from public thoroughfares ; residential or industrial areas, railways etc, as specified in the table of safety distance in Sche- dule VIII. Naturally a site obscured from public view either by natural or artificial means is preferred. Apart from the Rules and Regulations concerning the storage of explosives, certain condi- tions should be observed from the point of view of care for the materials concerned e.g. im- proper storage may lead directly to misfires later on. In all cases, places of storage should be dry, well ventilated and protected from extremes of temperature as much as possible. Slacks should be drawn upon in strict rotation , any surplus from the day's work being returned to the magazine and kept separately for use on the following day. Safety Fuse and detonators should be kept in perfect condition for obtaining good results. Therefore, at all times during transport, handling and storage, they should be protected from moisture and contact with oil, grease, kerosene or other liquids. Detonators shall not be stored with other explosives. 2-. Types of Magazine : Magazines may be of heavy construction, i.e. steel, reinforced concrete, brick, stone or preformed concrete blocks. Maximum security is attainable only with steel or reinforced concrete structures. The internal dimensions of the magazine shall be such that there is ready access to all explosives, 3. Construction of the Magazine ; Amagazine shall be well and substantially built and shall be made and closed so as to prev- vent unauthorised persons from having access thereto and to secure it from danger from without. \ \ \ \ \MODE 'A' MAGAZINE A Mode 'A' magazine shall be of a type approved by the Chief Controller and shall pri- marily- (a) have walls of reinforced concrete at least 225 mm. thick or brick/stone at least 450 mm. thick set in cement mortar. Concrete shall have a minimum compres- sive strength of 2500 lb/sq. inch at 28 days (the required strength will be reached by a mixture consisting of I part cement, 1-1/2 parts sand, 3 parts of aggregate by volume). Reinforcement should consist of square mesh, hard-drawn steel wire fabric, providing a cross-sectional area in each direction of not less than 0.21 in 2 ft. of wall. The reinforcement shall be covered by not less than 50 mm. of concrete on either side. The bricks and concrete blocks shall conform to rele- vant Indian Standard Specifications. Commercial grade steel is satisfactory for use in construction. The cement mortal shall consist of not less than one part of cement and three parts of clean sand. (b) have interior, and the benches, shelves and fittings therein so constructed or so lined or covered as to prevent the exposure of any iron or steel and the deteaching of grit, iron, steel or similar substances in such manner as to come into contact with explosives. Such interior benches, shelves and fittings shall be kept free from grit and otherwise clean ; and in the case of any explosive that is liable to the dangerously affected by water due precautions shall be taken to exclude it therefrom. (c) have roof re-inforced concrete at least 150 mm. thick. (d) have one ventilator at the top and bottom in each opposite side wall of the magazine where the weight of explosive stored is upto and including 500 Kgs. and minimum two in the top and bottom of each wall where the weight of ex- plosive stored exceeds 500 Kgs. Number of the ventilators may be increased in desired by the licensing authority. The ventilators shall be 22.5 cm x 11.25 cm. Z type fitted with frame of iron bars set firmly in the wall on the outer face, the bars to be of 2.35 cm 2. (.3/8" sq.) iron set anglewise with the frame. The inner opening to be protected with brass wire gauge of 3 mesh per centimeter. (e) have external doors- (i) that opens outwards and when closed fit tightly ; (ii) to be constructed of steel plate at least 5 mm. thick with or without internal lining of wood. (f) have every internal door- (i) made of wood ; (ii) locks and fittings of non-ferrous metal. (g) have external door locks of "dead lock" type. (h) have a separate room for storage of detonators or other explosives of Class 6 Division 3 if .stored within the magazine. Such room shall have independent entrance and a minimum air-gap of I metre from any other room in the maga- zine and the thickness of the wall of the detonator storage room lacing any other room in the magazine shall be minimum 60 cm. ( i ) have wooden tressels or raised cement platform for storage of explosive packages. ( j ) have a porch if necessary and any such porch shall (i) be of the same construction as the remainder of the magazine ; and (ii) be used only for keeping all tools or implements used in connection with the magazine or the changing of clothes and shoes. (k:) have 25 X 50 mm. furring strips fastened to the wall. vertically on 300 mm. centres starting 150 mm. from floor and continuous to the stacking line, around the usable portions of the walls to provide air circulation and to prevent cases of' explosives being stacked directly against the walls. ( l) have a minimum 12 mm. red line painted on the interior walls of the magazine at a height of 2.5 metres from the floor level. This line indicates the maximum height to which explosives may be stacked, The licensing authority may specify lower stacking height if deemed necessary ; (m) have an internal volume not less than 0.4 cubic metre for each 100 Kgs. of ex- plosives. In addition sufficient space shall be provided for passage between stocks of packages if required by licensing authority ; (n) have sufficient number of windows for proper lighting inside the magazine. The windows shall open outside and constructed of steel plate at least 5 mm. thick with or without internal lining of wood. \ \ \ \ \MODE 'B' MAGAZINE A mode 'B' magazine shall be of a type approved by Chief Controller and shall primarily- (a) have walls of steel plate at least 5 mm. thick ; (b) have a roof of steel plate at least 5 mm. thick ; (c) have interior lining at least 10 mm. thick on walls, doors and ceiling and 25 mm. thick on iioor and consisting of closed fittings boards or wood joined together by tounge and groove joints in such a way that no iron or steel is exposed on the interior sides, ceiling, floor or doors ; (d) have an internal volume not less than 0.4 cubic metre for each 100 Kgs. of ex- plosives. The maximum internal volume shall not be more than 2 cubic metres. (e) be ventilated by means of vents which shall be adequately protected ; (f) have external hinges of steel welded to the door and to the frame of the maga- zine ; (g) have a lock of "dead lock" type for external door. \ \ \ \ \SPECIFICATION 7 \ \ \ \SPECIFICATION OF A STOREHOUSE The basic consideration in construction of a storehouse are to ensure that the contents are kept out of the hands of unauthorised persons, to maintain them in good condition and to reduce risk of fire. This calls for a construction which will resist illegal entry as much as possible and is well ventilated. The place of a storage should be dry and it should be possible to draw stocks in strict rotation. The storehouse should have walls built of brick, stone or concrete. The bricks and con- crete shall conform to relevant Indian Standard Specifications. The cement mortar shall con- sist of not less than one part of cement and three parts of clean sands. The interior of the storehouse shall be kept clean and all benches, shelves and fittings 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 substances steel or substances in such manner as to come in contact with the materials stored and such interior, benches, shelves and fittings shall as far as is practicable be kept clean and free from gift. The storehouse shall have wooden doors which open outwards and when closed fit tightly. The storehouse shall have adequate number of ventilators as desired by the licensing authority. The ventilators shall be provided at the top and the bottom of the walls as suggested by the licensing authority. The ventilators shall be 22.5 cm. x 11.25 cm. fitted with suitable frames firmly set in the walls on the outer face. The bars to be of minimum 2.35 Cm set anglewise with the frame. The inner opening to be protected with wire gauge of minimum 3 mesh per Cm. The storehouse shall have a floor area of 2 M per tonne of explosives and have a minimum 12 mm. red line painted on the interior walls at a height 3 M. from the floor level. This line indicates maximum height to which explosives may be stacked. The gang way space of minimum 30 Cm. shall be provided around the usable portion of the walls to provide air circulation. In addition sufficient .space shall be provided for passage between the stacks of packages if required by the licensing authority. The licens- ing authority may specify lower stacking height if deemed necessary. The storehouse shall have sufficient number of wooden windows for proper lighting in- side. The windows shall open outwards. The storehouse shall have smooth, stone or cement flooring. SCHEDULE 8 SCHEDULE VIII \ \ \ \ \TABLE OF SAFETY DISTANCES The following safety distances shall be observed in the factories licensed for manufacture of explosives or from the magazines licensed for storage of high explosives. If the quantity of explosives to be stored is in between any two stages shown in the Table I, the safety distance required for higher stage should be observed. TABLE I TABLE OF SAFETY DISTANCES Note.M denotes mounded ; UMdenotes unmounded ; distances in Columns 2 to 13 are in metres Quantity To and between magazine or To and between process To Railway, Road, etc. To Dwelling Houses Quantity in Kg. magazine office etc. bldgs. offices, factories, etc. in Kg. X Y 2Z X Y ZZ X Y ZZ X Y ZZ M/UM M./UM M/UM M/UM M/UM M/UM M/UM M/UM M/UM M/UM M/UM M/UM 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 50 10 10 10 14 10 12 18 8 12 21 45 45 45 50 100 10 10 11 17 10 15 21 9 15 33 45 45 45 100 150 10 10 13 19 10 17 24 10 17 40 45 45 45 150 200 10 10 14 21 10 19 26 11 18 45 45 45 52 200 300 10 10 16 24 10 22 30 13 21 45 45 45 68 300 400 10 10 18 27 10 24 34 14 23 45 45 45 82 400 500 10 10 19 29 10 26 37 15 25 48 45 45 95 500 600 10 10 21 31 10 27 42 16 26 54 45 45 107 600 700 10 10 22 32 10 29 45 17 27 60 45 45 119 700 800 10 10 23 34 10 30 49 17 28 65 45 45 129 800 1000 10 10 24 36 10 32 56 18 32 74 45 46 148 1000 1250 12 10 26 39 12 35 64 19 33 86 45 52 171 1250 1500 12 10 28 42 12 37 72 19 36 96 45 57 192 1500 1750 12 10 29 44 12 39 79 19 3S 106 45 61 211 1750 2000 13 10 31 46 13 41 85 20 40 113 45 65 226 2000 2500 14 12 33 49 14 44 97 21 43 129 45 73 257 2500 3000 16 13 35 52 16 46 106 21 46 142 45 80 283 3000 3500 16 14 37 55 16 49 114 22 48 152 45 86 304 3500 4000 17 .15 38 57 17 51 122 22 50 163 46 92 325 4000 4500 17 16 40 60 17 53 129 23 52 172 47 98 343 4500 5000 20 16 41 20 55 135 23 54 180 49 110 359 5000 6000 20 18 44 20 58 145 24 57 194 49 117 387 6000 7000 22 19 46 22 62 155 24 61 206 50 123 412 7000 8000 22 21 48 22 64 163 25 63 217 50 128 434 8000 10000 24 23 52 24 69 177 26 69 236 53 138 471 10000 12500 24 26 56 24 75 192 26 72 255 53 149 510 12500 15000 25 28 60 25 79 206 27 78 280 55 158 560 15000 17500 25 30 63 25 83 216 27 82 290 55 167 580 17500 20000 20 32 65 26 87 226 28 86 303 57 174 605 20000 25000 27 36 71 27 94 244 29 93 325 58 187 650 25000 30000 28 40 75 28 100 259 29 98 345 60 199 690 30000 35000 30 43 79 30 105 273 30 104 365 60 210 730 35000 40000 30 46 82 30 110 285 30 108 380 61 219 760 40000 45000 30 48 86 30 114 ,296 30 113 395 61 228 790 45000 50000 30 51 89 30 118 307 30 118 410 64 236 820 50000 60000 30 56 94 30 126 327 30 128 435 64 251 870 60000 70000 30 60 99 30 132 343 30 138 458 66 264 915 70000 80000 30 64 104 30 138 359 30 148 480 66 276 960 80000 90000 30 68 108 30 144 373 30 158 498 66 287 995 90000 100000 30 72 112 30 149' 387 30 168 515 67 297 1030 100000 112500 30 76 116 30 155 402 30 180 540 67 309 1075 112500 125000 30 80 120 30 160 417 30 192 555 69 320 1110 125000 136000 30 84 124 30 165 428 30 203 575 70 329 1145 136000 150000 30 88 128 30 170 446 30 217 590 70 340 1180 150000 175000 36 95 135 30 179 466 30 242 625 71 358 1245 175000 200000 30 101 141 30 195 487 30 265 650 71 375 1300 200000
Act Metadata
- Title: Explosives Rules, 1983
- Type: C
- Subtype: Central
- Act ID: 10169
- Digitised on: 13 Aug 2025