.-(1) No person shall manufacture, import, export, transport, possess, sell or use any explosive unless it has been declared as an authorised explosive, by an order issued by the Chief Controller and published by the Central Government in the Official Gazette: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.(2)Any person desirous of including an explosive in the list of authorised explosives shall submit an application to the Chief Controller.(3)The application submitted in accordance with sub-rule (2) shall be accompanied by following particulars, namely:-(a)the nature and composition of the explosives and in case of plastic explosives, the name and percentage of the marking agent;(b)the limiting range of percentage of each ingredient of the explosive, including substitutes, if any;(c)method of function, purpose of use and performance characteristics of the explosives and instructions governing its use;(d)in the case of a new explosive to be manufactured in India, the process of manufacture stating safe operating procedures and precautions;(e)where an explosives is enclosed in a case or other contrivance, the dimensions of the case or other contrivance, the quantity, nature, brand of explosives contained therein and markings thereon;(f)the box, wrapping or other container in which the explosive will be handled, used or displayed or otherwise distributed including the markings thereon;(g)the package in which the explosive will be transported and stored including the markings thereon;(h)country of origin with name and address of the manufacturer, UN Classification and UN number of the explosives; recommended methods of disposal; material Safety Data Sheet for the explosives and raw material;(i)fee referred to in Part 2 of Schedule IV to these rules.(4)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 of forwarding the same to the Departmental Testing Station, or to any other authority specified by the Chief Controller in this behalf for testing thereof along with prescribed fees.(5)No person shall send a sample of an explosive unless such person has first received the instruction referred to under sub-rule (4).(6)No person shall send a sample of an explosive otherwise than in accordance with instructions given by the Chief Controller under sub-rule (4).(7)(i)Sample forwarded under sub-rule (4) shall be subjected to such of the tests enumerated in clause (ii) of this sub-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 transported 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 considered necessary;(b)chemical composition-determination of the percentage composition 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 explosive;(d)ignition characteristics-ignition point, behaviour on ignition, liability to spontaneous ignition, behaviour on ignition in bulk;(e)mechanical sensitiveness-determination of sensitiveness to friction and impact;(f)air gap and transmission of detonation;(g)velocity of detonation;(h)determination of strength;(i)composition of gases evolved upon explosion;(j)ensure that plastic explosives are detected by vapour detection technique;(k)such other tests and field trials as the Chief Controller may specify.(8)An explosive tested in accordance with sub-rule (7) shall be declared by the Chief Controller to be an authorised explosive if, he is satisfied that such an explosive can be safely manufactured, handled, stored, transported and used.(9)Authorisation issued by the Chief Controller under sub-rule (8) in respect of indigenous explosives shall be valid as long as it is included in the list of authorised explosives, and conforms to the descriptions outlined while issuing authorisation.(10)In case of explosives manufactured in a foreign country and already authorised in that country, the manufacturer, in addition to the report of tests stated in clause (ii) of sub-rule (7) shall submit the information regarding country of origin, the copies of various approvals or permissions obtained for testing, packaging, markings, etc., required for authorisation of the explosives as well as for export of explosives from the country of manufacture to other countries and report of such other tests as the Chief Controller may specify.(11)The authorisation issued by the Chief Controller of Explosives under sub-rule (8) in respect of any imported explosives shall be valid for one year from the date of authorisation, if the foreign manufacturer certifies that there has been no change in the composition or any other characteristics of the explosives.(12)The Chief Controller, may, on his own accord once in a year or on the request of manufacturer or importer or exporter or consignor, subject any explosive to the tests enumerated in clause (ii) of sub-rule (7) to verify the approved composition and characteristics of the explosives at the Departmental Testing Station and 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, or unfit for continuation of authorisation, may delete such explosive from the authorised list after giving the applicant or licensee an adequate opportunity of being heard.(13)The samples required for testing under sub-rule (7) or sub-rule (12) and as required in sub-rule (3) of rule 45 and testing fees as prescribed in Part 2 of Schedule IV, shall be submitted by the licensee or applicant.(14)The Chief Controller, on completion of the testing of an explosive, in pursuance of sub-rule (7) shall deicide whether or not the explosives should be declared to be an authorised explosive; and(a)where the explosive is declared to be an authorised explosive, shall assign the Class including any division and sub-division and category within which the explosive falls;(b)where the explosive is not declared to be an authorised explosive, shall communicate the same with reasons thereof to the applicant.(15)(i)The Chief Controller shall maintain a list of authorised explosives showing-(a)the brand or trade name of the explosives;(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 UN Classification and UN Number.(ii)The list of authorised explosives shall be published by the Chief Controller from time to time.(16)(i)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 submitted in accordance with sub-rule (3) shall be carried out without prior approval of the Chief Controller.(ii)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 these rules.(17)For trial manufacture and field trial of new explosive composition, the following procedure shall be observed, namely:-(i)Upon scrutiny of the proposal, the Chief Controller may grant permission to manufacture trial batches of the explosives in laboratory not exceeding explosive limit of laboratory and direct to carry out such tests, as he may consider necessary.(ii)The applicant shall submit test report seeking permission for trial manufacture in the plant or manufacturing unit.(iii)On receipt of test report, the Chief Controller may permit manufacture of limited quantity of the explosives in the manufacturing unit or plant on trial basis.(iv)In case of existing plants or conventional type of explosives, the Chief Controller may permit trial manufacture directly in the manufacturing plant without manufacturing in the laboratory scale.(v)On being satisfied with the reports of the tests as may be required by the Chief Controller, he may issue field trial permission under such conditions as he may specify.(vi)After field trial, applicant shall submit to the Chief Controller the reports of field trial and necessary fees referred to in Part 2 of Schedule IV of these rules.(vii)For permitted explosives, test report and field trial report from Central Mining Research Institute and Central Mine Planning and Design Institute are required to be submitted to the Chief Controller and in case of non-permitted explosives field trial report from reputed mining or construction company.(viii)On receipt of report and being satisfied, the Chief Controller may authorise the explosives and permit its manufacture on regular basis provided that nothing in this sub-rule shall be applicable for fireworks.
