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Union of India - Section

Section 107 in The Explosives Rules, 2008

107. Grant of a licence and certificate

.-(1) 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.
(2)A copy each of every licence other than for import or export of explosives granted by the Chief Controller or the Controller shall be forwarded to the District Magistrate and the Superintendent of Police of the District and the Controller in whose jurisdiction the premises are situated.
(3)When the licensing authority grants a licence other than for export or import of explosives, after conducting inspection of the premises to ensure conformity of the premises to the provisions of the Act and these rules, such authority shall endorse the licence and from the date of such endorsement, the licence shall come into force:Provided that if the licensing authority grants a licence without conducting prior inspection, such authority shall issue provisional permission pending endorsement of licence to use the licensed premises for a period which the licensing authority may require for conducting inspection of the premises for endorsement of the licence.
(4)If the licensing authority observes, on inspection, that the premises do not conform to the provisions of the Act and these rules and not fit for endorsement, he shall communicate to the licensee,-
(i)his direction for rectification of deficiencies; or
(ii)reasons for not regular endorsement of the licence; or
(iii)reasons for suspension or revocation of the licence, as the case may be.
(5)In case of application for grant of shot firer's certificate, the Controller on receipt of documents specified in item number 24 of rule 113 shall conduct such examination and enquiries as deemed necessary before granting the shot-firer's certificate. On his being satisfied that the applicant has adequate knowledge and experience in related field of handling and blasting explosives, he shall grant the shot firer's certificate in Form LE-10 specifying therein the authorised area and category of blasting. Such certificate shall be valid for a period of five years from the date of issue. The certificate may be revalidated for subsequent five-year periods on completion of procedures as in the case of fresh grant.Explanation :-For the purposes of this sub rule, there shall be the following categories of blasting, namely:-
Class Category Type of blasting permitted
A Unlimited All types of blasting
B General aboveground All phases of aboveground blasting operation
C General Underground All phases of underground blasting operation
D Demolition All phases of blasting in demolition projects
E Seismic All phases of blasting in seismic prospecting
F Agricultural All phases of blasting in agricultural and well sinking
G Special Blasting for special purpose not covered under the above.
(6)In case of application for grant of foreman's certificate, the Controller on receipt of documents specified in item number 25 of rule 113 shall conduct such examination and enquiries as deemed necessary before granting the foreman's certificate"> (6) In case of application for grant of foreman's certificate, the Controller on receipt of documents specified in item number 25 of rule 113 shall conduct such examination and enquiries as deemed necessary before granting the foreman's certificate. On his being satisfied that the applicant has adequate knowledge and experience in related field of handling and blasting explosives, he shall grant the foreman's certificate in Form LE-11 specifying therein the authorised area of manufacture. Such certificate shall be valid for a period of five years from the date of issue. The certificate may be revalidated for subsequent five-year periods on completion of procedures as in the case of fresh grant.
(7)The District Authority shall forward a copy of every licence granted by him in Form LE-1, LE-2, LE-3, LE-4 and LE-5 to the Controller having jurisdiction over the area.
(8)Wherever licence is granted in Form LE-1 for manufacture of fireworks by the District Authority, he shall ensure that such licence is issued for manufacture of only such fireworks item which are authorized by the Chief Controller.