INTRODUCTION
This is a comprehensive law to regulate the
Manufacture,
Possession,
Use,
Sale,
Transport,
Import and
Export of explosives
The act was earlier known as Indian Explosives Act, subsequently it was amended by omitting the word ‘Indian’ by a Parliament Act, 32 of 1978 but came into Statute Book in 1983 after receiving the President’s assent. The act comprises of 18 sections.
DEFINITIONS
U/S 4 (d) "EXPLOSIVES" means gunpowder, nitrogycerine, nitroglycol, gun-cotton, di-nitro-toluenetri-nitro-toluene, picric acid, di-nitor-phenol, tri-nitor-resorcinol (styphnic act), cyclo-trimethylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitorguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitor-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause;
IMPORTANT SECTIONS
SECTION – 5
Gives powers to Central Government to make rules [Explosive Rules] as to licensing of the manufacture, possession, use, sale, transport and importation of explosives.
SECTION – 6
Gives powers to Central Government to prohibit the manufacture, possession of especially dangerous explosives, also prohibits manufacture, possession of explosives by young persons and certain other persons.
It give power to Grant of licences.
It gives powers to impose additional conditions, may vary the conditions.
It also gives powers for suspension and revocation of licences.
Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority.
SECTION – 7
Gives powers to make rules [Explosive Rules] conferring powers of inspection, search, seizure, detention and removal of explosives or if necessary to destroy explosives.
SECTION – 8
Notice of the accidents, notice in connection with manufacture, possession of explosive or any aircraft, carriage or vessel conveying an explosive shall be given to Chief Controller of Explosives [C.C.E.] and the officer-in-charge of the nearest police station
SECTION – 9
Deals with inquiry into accidents and Punishment of offences.
Offences for contravention (breaking)
(a) Manufactures, imports or export any explosive shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both;
(b) Possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a tern which may extend to two years or with fine which may extend to two years or with fine which may extend to three thousand rupees or with both; and
(c) In any other case, with fine which may extend to one thousand rupees
SECTION – 17
Gives powers to extend the definition of explosives to other explosives substances. This section also gives powers to Central Government to delegate powers to any authority.
SECTION – 18
Deals with making publication and confirmation of Rules (Explosive Rules).
All rules before they are confirmed, draft rules are to be published in official gazette open to the public giving specific date. Every rule made under this Act to be placed in each House of Parliament.
EXPLOSIVES RULES
In exercise of powers conferred by Section 5 and 7 of the Explosives Act. Central Government makes the rules and these rules at present known as Explosives Rules, 1983 and in suppression framed the Explosives Rules 2008. Explosives Rules, 2008 has a total 139 rules covered under 11 chapters and 8 schedules.
CHAPTER - I: PRELIMINARY
RULE NO.02. DEFINITIONS
U/R No.2(3) “Adirvettu or Kadina” means sound producing device made of iron tube having strong base with a hole at the side close to the bottom, which is filled with gunpowder and fired by means of trail of dry loose gunpowder and approved by the Chief Controller of Explosives;
U/R No.2(6) “Bulk Mix Delivery (BMD)” Vehicle – It means a vehicle that transport nonexplosive materials in bulk for mixing to form non-cap sensitive explosives and for loading directly into boreholes
U/R No.2(7) “Cap Sensitive” means an explosive which explodes on initiation by a detonator of minimum strength.
U/R No.2(8) “Carrying box” means metal case or box specially manufactured for carrying limited quantity of blasting explosives and initiating explosives;
U/R No.2(13) “Conservator” means any person acting under this authority of the officer or body of persons appointed to be conservator of the port under Section 7 of the Indian Ports Act, 1908.
U/R No.2(15) “Deflagration” means an explosive reaction such as a rapid combustion that moves through an explosives material at a velocity less than the speed of sound in that material;
U/R No.2(17) “Detonating Fuse” means a cord connecting a centre core of high explosive authorised by the Chief Controller of Explosives which is used for initiating high explosive charges and to transmit explosion from one explosive charge to another.
U/R No.2(31) “Magazine” means a building or structure (other than an explosives manufacturing building) intended for storage of explosives, specially constructed in accordance with the specification provided under these rules or of a design and approved by the Chief Controller;
U/R No.2(51) “Shot firer” means a competent person recognised and certified by the Controller for carrying out blasting operation using explosives in areas not coming under the Mines Act, 1952 (35 of 1952);
CHAPTER -II: CLASSIFICATION, CATEGORISATION AND AUTHORISATION
RULE 4. CLASSIFICATION OF EXPLOSIVES
1. Classification of explosives into 8 classes
Class 1 : Gun Powder Class
Class 2 : Nitrate Mixture Class
Class 3 : Nitro Compound Class
Class 4 : Chlorate Mixture Class
Class 5 : Fulminate Class
Class 6 : Ammunition Class
Class 7 : Fireworks Class
Class 8 : Liquid Oxygen Explosives Class
2. The fireworks are classified into the following categories depending upon the desired pyro technique effect:
i. Sound emitting fireworks.—Fireworks with sound level not exceeding 125 dB (AI) or 145 dB (C) pk at 4 meters distance from the point of bursting.
iv. Fireworks for export purpose
RULE 5. SAFETY DISTANCE CATEGORIES OF EXPLOSIVES
Explosives are divided into four categories according to the risks which they present when initiated, namely:
(a) Category X—Those explosives, which have a fire or a slight explosion risk or both but the effect of which will be local.
(b) Category Y—Those explosives, which have a mass fire risk or a moderate explosion risk, but not the risk of mass explosion.
(c) Category Z— Those explosives, which have a mass explosion risk and major missile effect. (d) Category ZZ— Those explosives, which have a mass explosion risk and minor missile effect
CHAPTER-3: GENERAL PROVISIONS
RULE NO. 14. PACKING OF EXPLOSIVES.
No person shall import, export, tender for transport, cause to be transported, possess or sell any explosive unless
(a) it is packed in the manner laid down in Schedule II;
(b) the container or package is marked in accordance with rule 15;
(c) the packages conform to the relevant standard of Bureau of Indian Standards or other standards accepted and approved by the Chief Controller;
(d) packages of explosives for export or import conform to the requirements of the tests as specified for various classifications under International Maritime Dangerous Goods Code (hereinafter referred to as the IMDG Code in these rules) or International Air Transport Authority code or United Nations recommendations on the transport of Dangerous Goods and permitted by the Chief Controller
RULE NO. 15. MARKING ON EXPLOSIVES AND PACKAGES
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 authorised explosive;
(c) the number if any of the Class and the Division including sub-division to which it belongs; (d) the safety distance category of explosive;
(e) the name of the manufacturer;
(f) identification number of the package;
(g) the net weight of explosives;
(h) gross weight of the package;
(i) date of manufacture and batch number;
(j) UN Classification and UN Identification number (for export packages);
(k) in case of plastic explosives, the words “marking agent added as per International Civil Aviation Organisation Resolution
(l) a paper slip containing the above details shall be kept inside the
RULE NO. 18. PRECAUTIONS AGAINST DANGER FROM WATER, HEAT OR POLLUTION
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.
RULE NO. 19. SPECIAL PRECAUTIONS AGAINST ACCIDENT
(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.
(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 comply with the provisions of these rules and the conditions of the licence relating thereto and observe all due precautions for the prevention of thefts or accidents by fire or explosion.
(3) Every person shall prevent any other person from committing any such act as is prohibited
RULE NO. 22. USE OF ELECTRICAL EQUIPMENT.
(1) No electrical equipment shall be used in places where explosives are being manufactured, handled or stored except with the prior permission of the Chief Controller.
(2) The electrical equipment shall be of a type acceptable to the Chief Controller
CHAPTER – IV SPECIAL PROVISIONS FOR MANUFACTURE OF EXPLOSIVES
RULE NO. 26. 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, namely:
(a) the detailed 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 in 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) name and percentage of marking agent to be added in plastic explosives for detection by vapour detection technique;
(g) safety management plan, in case of high explosives or blasting accessories;
(3) Safety management plan referred as following, namely:
(a) assigned responsibilities and organisational structure, including resource assessment
(b) hazard identification, risk assessment and control;
(c) provision of information, education and training to the work force, contractors and visitors; (d) accident reporting and investigation;
(e) emergency response planning and preparedness such as first aid, testing of emergency plan once in a year;
(f) provision of escape route;
(g) evacuation plan, appropriate fire fighting controls, consequence minimising steps like control of spills, appropriate off-site response plan etc.;
(h) maintenance of records;
(i) maintenance of schedules for plant and equipment;
(j) standard operating procedures where absence of such procedures may adversely affect safety;
(k) availability of Material Safety Data Sheet (MSDS );
(l) security of explosives;
(m) transport and storage of explosives;
(n) material handling;
(o) explosives and man limit in each building and location;
(p) precaution against adverse conditions, natural as well as artificial such as lightning, earthquake, load shedding, trips in the process, etc.;
(q) restriction of source of ignition;
(r) segregation of incompatible materials;
(s) disposal of waste explosives and ingredients, including burning grounds procedures;
(t) competence of personnel for tasks; and
(u) safety meetings, self auditing and external safety auditing of system and procedures.
RULE NO. 29. 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 present 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.
RULE NO. 30. RESTRICTION OF ARTICLES LIABLE TO SPONTANEOUS IGNITION.
Oiled cotton, oil rags and oil waste and any other article liable to spontaneous ignition shall not be taken into any building where explosives are kept 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.
RULE NO. 31. USE OF SPECIAL TOOLS AND IMPLEMENTS
No tools or other implements 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
RULE NO.40. 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 explosives, or due to any other reason, the licensing authority may issue an order in writing directing the licensee to stop forthwith the manufacture of such explosive till such time the operation or the composition is rectified to the satisfaction of the licencing authority
CHAPTER V SPECIAL PROVISIONS FOR IMPORT OR EXPORT OF EXPLOSIVES GENERAL
RULE NO. 43. IMPORT OR EXPORT BY LAND
No licence for import or export of explosives by land shall be granted without the previous sanction of the Central Government in each case, wherein the Central Government may impose conditions and restrictions in consultation with the Chief Controller.
CHAPTER VI SPECIAL PROVISIONS FOR TRANSPORTATION OF EXPLOSIVES GENERAL
RULE NO. 48. CERTIFICATE OF SAFETY
(1) Before transporting or tendering for transport an explosive of Class 3 (Nitro compound) or Class 4 (Chlorate mixture), the consignor shall attach to the consignment a valid certificate in Form CE-1 under Part 6 of Schedule V or certified copy thereof granted by testing officer.
(2) The certificate shall be issued by the testing officer after conducting the tests as per the methods of testing set forth in Schedule III as applicable to such explosives in accordance with the existing specification prescribed by the Bureau of Indian Standards.
(3) Certificate shall be valid for a period of twelve months from the date of issue.
RULE NO. 59. TRANSPORT BY WATER.
All the safety provisions stated in Part 3 of Schedule VI annexed to these rules shall be complied with for transport of explosives by water within India.
RULE NO. 60. TRANSPORT BY RAIL
All the safety provisions stated in Part 4 of Schedule VI annexed to these rules shall be complied with for transport of explosives by Rail within India
RULE NO. 69. ACCIDENT TO THE VEHICLE.
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 the 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 examination by the Controller if required, and then arrange for transport to the destination or place designated by the Controller;
RULE NO. 70. FIRE EXTINGUISHERS TO BE PROVIDED.
Every road van shall be provided with two fire extinguishers of minimum two kilograms capacity. One of the extinguishers shall be capable of dealing with fire involving electric circuits and the other, with other inflammable components
CHAPTER VII SPECIAL PROVISIONS FOR POSSESSION, SALE AND USE OF EXPLOSIVES
RULE NO. 78. MAGAZINE, STORE HOUSE, OR SHOP TO BE AT GROUND LEVEL
A magazine, store house, or shop shall be constructed at ground level only. A magazine or storehouse shall be a single storey building
RULE NO. 80. STORAGE OF COMPATIBLE EXPLOSIVES
(1) Detonators or gunpowder or fireworks shall be stored only in separate rooms or compartments meant for each in a magazine.
(2) Paper caps or colour or star matches shall be stored in separate compartments.
RULE NO. 90. 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 and securely locked. No manufacturer shall directly supply the cartridged explosives for charging of boreholes at the blasting site.
(2) Explosives shall not be taken to a point nearer than fifty 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 was taken.
(5) The carrying box 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 constructed of non-metal or non-conductive material and 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.
(7) No detonator shall be taken out from a case or container unless it is required for immediate use.
CHAPTER VIII GRANT OR REFUSAL OF APPROVAL, NO OBJECTION CERTIFICATE, LICENCE, CERTIFICATES, AMENDMENT, TRANSFER AND RENEWAL
RULE NO. 107. GRANT OF A LICENCE AND CERTIFICATE
The licensing authority, on being satisfied with the documents received for grant of licence, and after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act and these rules, by order in writing either grant the licence or refuse to grant the same
CHAPTER—IX POWERS VESTED WITH AUTHORITIES
RULE NO. 128. POWERS OF SEARCH AND SEIZURE.
(1) Any authority (a) enter, inspect and examine any place, aircraft, train, carriage, vessel or any mode of transport 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 manufactured, possessed, used, sold, transported, exported or imported in contravention of the Act or these rules;
(b) search for explosives or ingredients thereof;
(c) take samples of any explosive or ingredients found therein on payment of the value thereof, if such payment is demanded at the time of the sample are taken;
(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.
CHAPTER X ACCIDENTS, ENQUIRIES AND REPORTS
RULE NO. 131. NOTICE OF ACCIDENT
The notice of an accident required to be given under section 8 of the Act shall be given within twenty four hours of the happening of the accident by telephone, telegram, E-mail, fax or in any other electronic mode or by special messenger followed by a written report signed by the occupier or authorised person to the same authorities giving particulars of circumstances leading o accident, loss of human life, injury to persons, damage to property, emergency action taken etc, to the—
(a) Chief Controller;
(b) Controller in whose jurisdiction accident has taken place;
(c) District Magistrate; and
(d) Officer-in-charge of the nearest police station.
RULE NO. 133. INQUIRY INTO ACCIDENT
(1) Whenever a District Magistrate, holds an inquiry under sub-section (1) of section 9A 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 such Magistrate has received information from the Chief Controller that officer does not wish to send a representative.
(2) The District Magistrate shall, at least twentyone 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 District Magistrate, before the adjournment, may, take evidence to identify the dead 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 witness subject to the order of the District Magistrate on points of law.
(5) Where the Chief Controller is not present or represented at any inquiry held by a District Magistrate, a copy of the report of the proceedings thereof shall be sent to him
CHAPTER XI ADMINISTRATIVE AND PENAL ACTIONS
RULE NO.135. PROTECTION OF ACTION TAKEN IN GOOD FAITH.
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under the Act and these rules in respect of anything which is done or intended to be done in good faith in pursuance of the Act and these rules made or orders or directions issued there under
RULE NO. 139. REPEAL AND SAVINGS.
(1) The Explosives Rules, 1983 are hereby repealed.
(2) Notwithstanding such repeal:
(a) all licences, permits 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;
(b) 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 under this Act or these rules.
SCHEDULES:
SCHEDULE I – CLASSIFICATION OF EXPLOSIVES IN 3 PARTS
PART 1 - Classification of explosives into 8 classes
Class 1 : Gun Powder Class
Class 2 : Nitrate Mixture Class
Class 3 : Nitro Compound Class
Class 4 : Chlorate Mixture Class
Class 5 : Fulminate Class
Class 6 : Ammunition Class
Class 7 : Fireworks Class
Class 8 : Liquid Oxygen Explosives Class
PART 2 – UN Classification of Dangerous Goods
1) Class 1(Explosives),
2) Class 2 (Gases),
3) Class 3 (Flammable liquid),
4) Class 4 (Flammable Solids; substances liable to spontaneous combustion; and substances which in contact with water emit flammable gases ),
5) Class 5 ( Oxidizing substances; organic peroxides ),
6) Class 6 (Poisonous and infectious substances),
7) Class 7 (Radioactive Materials),
8) Class 8 (Corrosive substances) and
9) Class 9 (Miscellaneous dangerous substances)
PART - 3 Compatibility Groups Pertaining to UN Classification of Explosives
SCHEDULE-II
Method of Packing of Explosives in 2 parts (1 & 2)
SCHEDULE III
Method of Testing of Explosives
SCHEDULE IV
Licencing Authorities with Fees
SCHEDULE V
Application Forms & Formats in 6 parts
SCHEDULE VI
Safety provisions for Manufacture of Explosive, Bulk Mixing Delivery (BMD) Vehicles, Transport of Explosives by Water, Rail, Forms of Accounts & Returns, Certificate, and Declaration & Distance Forms
SCHEULDE VII
Specification of Explosive Manufacturing Factories other than Fire-works
SCHEDULE VIII
Tables of Safety Distances for Manufacturing Factory (of different magazine categories)
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