Explosives Act & Rules

7/28/2019 Explosives Act & Rules

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EXPLOSIVES ACT, 1884 &

RULES, 1983.

BABJI CHOUDHARY


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THE EXPLOSIVES ACT, 1884.

[Amendments 1945,1950,1951,1978 ]

An Act to,

regulate the manufacture,

possession, use, sale, transport,import & export of explosives.

1884 Act was framed to prevent

accidents, rather than to preventcrime- hence found in-adequate.


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4.Definitions.

( d ) explosive means

gunpowder, nitroglycerine, nitroglycol,

gun-cotton, di-nitro- toluene, tri-nitro-toluene,

picric acid, di-nitro-phenol, tri-nitro-resorcinol

( styphnic acid), cyclo trimethylene - tri-nitramine,

penta - erythritol-tetranitrate, tetryl, nitro - guanidine, leadazide, styphynate, fulminate of mercury or

any other metal, diazo-di-nitro-phenol, coloured fires or

any other substance whether a single chemical compound or amixture of substances, whether solid or liquid or gaseous usedor manufactured with a view to produce a practical effect by

explosion or pyrotechnic effect; &includes fog-signals, fire works, fuses, rockets, percussioncaps, detonators, cartridges, ammunition, of all descriptions &every adaptation or preparation of an explosive as defined inthis clause.


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6-A. Prohibition of manufacture, possession, sale or transport of

explosives by

young persons & certain other persons.

( a ) no person,

( i ) who has not completed the age of eighteenyears, or

( ii ) who has been sentenced on conviction of any

offence involving violence or( iii) who has been ordered to execute criminal

procedure or

(iv) whose license under this act has been cancelled

( 1 ) manufacture, sell, transport, import or export ofany explosive or

( 2 ) possess any explosive.


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THE EXPLOSIVES ACT, 1884.

5. Power to make rules as to licensing of themanufacture, possession, use, sale,transport, import & export of explosives.

6-B. Grant of Licenses.

6-C. Refusal of licenses.6-E. Variation, suspension & revocation of

licenses.

8. Notice of accidents.

9. Inquiry into accidents.9 B. Punishment of certain offences in

contravention of rules made under Sec.5.


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THE EXPLOSIVES RULES, 1983.

2. Definitions.

( 7 ) detonator means a small tube of aluminum orcopper or other materials approved by the CCE-

( a ) one end of which is closed & the other-

( i ) left open for the insertion of safety fuse for the

purpose of initiating explosion within the tube;or

( ii ) fitted with wires or other device for that purpose& sealed.;

( b ) which is loaded with a charge of initiatingexplosives, the charge being so designed as toproduce an explosion that would communicateto other tube similarly constructed & charged.


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2. Definitions.

( 7A )District Authority means

( a ) in towns having a Commissioner of

Police, the Commissioner or a Deputy

Commissioner of Police;( b ) in any other place, the District Magistrate.

( 13 ) magazine means a building specially

constructed in accordance with a designapproved by the CCE & intended for

storage of more than 5 kg. of explosives.


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2. Definitions.

(16 ) protected works includes-

( a ) buildings in which persons dwells, workor assemble, college, school, hospital,theatre, cinema house, factory, place of

storage of hazardous substances( b ) any public road or railway line or

navigable waterways or dams & reservoir

( c ) overhead trunk, high tension power lines

but does not include footpath, cart tracksnot in regular use, agricultural wells &pump sets connected therewith.


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3. Classification of explosives.

( 1 ) for the purpose of these

rules explosives shall be

classified in the mannerspecified in SCHEDULE I.


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SCHEDULE I

Classes of explosives : [ 8 ] classes.

Class 1 Gun powder

Class 2 Nitrate-mixture

Class 3 Nitro-compound

Class 4 Chlorate-mixture

Class 5 Fulminate

Fireworks

Class 6 AmmunitionClass 7 Fireworks

Class 8 Liq. Oxygen Explosives


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4. Safety distance categories of explosives.

(1)[ four categories according to the risks ]

(i) Category

X

Those explosives which have a fire or

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 moderate explosion risk

but not the risk of mass explosion.

(iii) Category

Z


explosion risk & major missile effect.

(iv) Category

ZZ


explosion risk & minor missile effect.

GERERAL PROVISIONS


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GERERAL PROVISIONS.

No person shall import, export, transport, manufacture, posses,

use or sell any explosive which is not an authorised explosive

.6. Procedure for authorization of

explosives

( 1 ) any person desirous of including an

explosive in the list of authorized

explosive shall apply by submitting

an application to CCE.

( 2 ) Application shall be submitted with

particulars as given in the rule.


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7. Restriction on delivery & dispatch of

explosives.

( 1 ) No person shall deliver or dispatchany explosive to any one other than

a person who-

( a ) is the holder of a license to possessthe explosives or the agent of a

holder of such a license

( b ) is entitled under these rules topossess the explosives without a

license.


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8. Packing of explosives.

( 1 ) No person shall import, tender fortransport, cause to be transported,possess or sell any explosive unless-

( a ) it is packed in the manner laid down inSCHEDULE II.

( b ) a sample of container or package foreach explosive has been tested &

approved by the CCE.( c ) the container or package is marked in

accordance with rule 9 of these rules.


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9.Marking of packages.

( 1 ) The outer package shall be marked inconspicuous indelible characters, by means of astamping, embossing or painting with-

( a )the word Explosives;

( b ) the name of authorized explosive; ( c ) the number of the class & 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 & consignee &

( g ) the net weight of explosives.


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11. Competent person to be in-charge of

operations.

Every person holding or acting under a

license 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

& to conduct the operations.


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Precautions to be obs. in handling

explosives.

1. The floor/carriage/vessel in which expl. Is laid orground/gangway/decks/places over which expl. Isconveyed during loading and unloading shall be

- Carefully examined to see that there is nocontravention of these rules and there is no dangerto safety of consignment

- Thoroughly cleaned and swept before and after use

2. The packing of explosive is not dropped , rolled orpulled on ground/floor, but carefully deposited and

stored

3. Handling of explosive once commenced will nothave unnecessary stoppages.


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4. Restriction on handling of explosives after sunset.

5. Prohibition of smoking, fires, lights & dangeroussubstances.

6. Split explosive to be destroyed.

7. Employment of children, intoxicated persons &certain other persons.

( who has not completed the age of 18 years,who are of unsound mind )

8. Precautions against danger from water or exposureto sun or heat.

9. Restriction on transport of certain types ofexplosives.( No person shall transport without approvalof CCE : Nitro-glycerin or Ethylene glycol di-nitrate or any explosives of class 5 ).


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Transport by road

No person shall transport explosive within limitsof municipality of cantonment where roads are

prohibited for vehicles carrying explosive.

No person shall transport explosive in road van

or compressor mounted motor truck/tractor

unless such vehicles is licensed under these

rules to carry explosives.

No explosive shall be transported by any

carriage which is not a road van or compressor

mounted motor truck/tractor


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No explosives should be transported between sunset

and sunrise

The explosives are accompanied at least by two body

guards

A red flag must be displayed in each car

The package containing expl. must be covered by

tarpaulin and secured

No person shall transport explosives in any towed

vehicle or tow any vehicle transporting expl.

No other goods shall be carried with explosives in any

vehicle.


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TRANSPORT - GENERAL.

32. License for transport & issue of passes.

( 1 ) No person shall transport explosives exceptunder & accordance with the conditions of alicense granted under these rules.

Provided that nothing in this sub-rule shall apply to-( i ) the transport of any explosives within the

licensed factory

( ii ) the transport of any explosives imported under a

license in FORM 27 ( license to importexplosives otherwise than by land )from theplace of import to the place of destination.


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32. License for transport & issue of

passes.

( iii ) the transport of any explosives for thepossession of which no license isnecessary ( rule 114 ).

( iv ) the transport by the holder of a license inFORM 23 ( license to possess explosives forown use ) of any of the explosives covered byhis license in such quantity as he may requirefor his private use.

( v ) the transport of safety fuse & fire worksprovided the same are not transportedwith any corrosive or flammable material.


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passes.

( 2 ) Every consignment of explosives transported

under license shall be accompanied by a pass

issued by the consigner in FORM 16

[ pass granted by the holder of transport

license ( explosives ) for transport of a

consignment of explosives.]

( 3 ) such pass shall be attached to weigh-bill,

invoice or dispatch


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passes.

( 4 ) a copy of every pass issued shall be sent bythe consigner to

( i ) the licensing authority who issued the

license for transportation of explosives.

( ii ) the Controller of explosives in whosejurisdiction the place from whichconsignment is sent is situated.

( iii ) the controller of explosives in whosejurisdiction the place to whichconsignment is sent is situated.


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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 .


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34. Certificate of safety.

( 1 ) Before transporting an explosive of

3rd ( Nitro-compound ) class or of the 4th (Chlorate mixture ) class

the consigner shall attach to the consignment a

valid certificate in FORM 1 or certified copythereof granted by testing officer.

( 2 ) The certificate shall be valid for a period of 12

months from the date on which it was granted.

MANUFACTURE OF EXPLOSIVES


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MANUFACTURE OF EXPLOSIVES.

87.License for manufacture.

( 1 ) No person shall manufacture any

explosive at any place except in a

factory or premises licensed .

( 2 ) The licensse shall be responsible for

all operations in connection with

manufacture of explosives which

may be conducted in the licensedpremises.


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88. No license needed for manufacture in

certain cases.

No license to manufacture shall be necessary for

manufacture

1. at a Govt. or industrial laboratory or

2. a laboratory of an educational institution & under

the supervision of a qualified person or

3. a quantity of explosive not exceeding an amount

reasonably necessary for the purpose of

chemical experiment & test &not intended for

practical use or sale.


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89. Approval of manufacturing process.

( 1 ) No new explosive after its inclusion

in the list of authorized explosives

shall be manufactured unless the

process of manufacture is approvedby the licensing authority & his

permission obtained in writing.


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93. Provisions of mounds.

Every building used for production, handling,

storage, testing of explosives in licensed factory

unless otherwise exempted by the licensing

authority shall be surrounded by a substantial

mound which shall be of a type & design approvedby CCE.

Provided that the licensing authority may allow blast

walls in place of substantial mound.


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98. Protection against lightning.

( 1 ) Every process building shall have attached thereto one or more efficient lightning conductorsdesigned & erected in accordance with thespecification laid down in IS : 230

( 2) The connections to various parts & earthresistance of the lightning conductor terminalon the building to the earth shall be tested atleast once in every year by a certified electricalengineer or any other competent person holding

a certificate of competency in this behalf fromState Electricity Department.

The results of such test & the date of last testshall be hung up in a Conspicuous place in theprocess building.


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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 bewithdrawn to safe distance & the

building shall be kept closed & locked

until thunderstorm has ceased.


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109. Disposal of waste explosives.

( 1 ) The laboratories, process buildings &machineries therein shall be swept & cleaned at theend of each shift or earlier if necessary, & thesweepings shall be properly collected & stored in a

safe place till finally disposed of by the methodapproved by the licensing authority.

( 2 ) Adequate facilities for safe destruction under thesupervision of a competent person & at a place

approved by the licensing authority in the licensedpremises shall be provided by the licensee for thematerials collected under sub-rule (1).


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LICENSES.154. Application for License.

Form 1 Test certificate for explosives.

Form 3 Application for grant or amendment of license to

manufacture explosives.

Form 4 Application for grant or amendment of license to

possess & sell explosives.

Form 6 Application for grant of license to possess explosives

for own use.

Form 7 Application for grant of license for a road van for

transport of explosives.Form 8 Application for grant or amendment of license to

transport explosives.

Form 9 Application for shot firers permit.

Form 10 Application for grant of a license to import explosives.


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LICENSES.154. Application for License.

Form 11 Application for grant of a license to export explosives

Form 12 Application for grant of a license for public display of

fireworks

Form 13 Application for renewal of license

Form 20 License to manufacture Explosives.

Form 21 License to possess & sell explosives.

Form 22 License to possess explosives for use

Form 23 License to possess explosives for own use

Form 25 License for road van.

Form 26 License to transport explosives

Form 29 License to possess & use public display fireworks.


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Accident to vehicle

1. In case of accident ,fire or any other occurance the

driver/authorised person shall

- Comply with reqt. Of law relating to road accident.

- Inform nearest police station

- Inform the licensee who shall ..

Inform chief controller/juridiction controller aboutdetails of explosive carried and accident

Arrange for safe storage and custody of explosivetill examined by controller and arrange fortransportation to destination desired by controller


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2. In case of break down of road van/ driver/

authorised person shall

- Make or permit major repairs if can be donewithout hazards

- Prevent major repairs if possible untill the

explosives are transferred to another van or arestored under proper security at safe distance

300mtrs. away from inhabited premises

- Inform to licensee who shall in turn inform chief

controller about the broken vehicle giving fulldetail of explosives and the cicumstances

attending the breakdown


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Explosives Act & Rules

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