Union of India - Act
The Ammonium Nitrate Rules, 2012
UNION OF INDIA
India
India
The Ammonium Nitrate Rules, 2012
Rule THE-AMMONIUM-NITRATE-RULES-2012 of 2012
- Published on 11 July 2012
- Commenced on 11 July 2012
- [This is the version of this document from 11 July 2012.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
Chapter I
Preliminary
2. Definitions.
- In these rules, unless the context otherwise requires;-3. Scope of applicability of Rules and exemptions.
Chapter II
General Provisions
4. Control over manufacture, conversion, stevedoring and bagging, import, export, transport, possession for sale or use of Ammonium Nitrate.
- No person shall undertake manufacture, conversion, stevedoring, import, export, transport or possess for sale or use Ammonium Nitrate except as authorised or licensed under these rules.5. Pre-requisite for grant of licence.
- No licence shall be granted unless all the relevant provisions laid down under these rules and all conditions contained in the license forms under Part-2 of Schedule II annexed to these rules are complied with:Provided that all the existing manufacturers, converters, users, transporters, stevedores, sellers, possessors, importers and exporters shall apply for licence within six months and shall comply with the provisions of these rules within a period of one year from the date of publication of these rules.6. General Restrictions.
7. Employment of competent person.
8. Packing of Ammonium Nitrate.
- No person shall import, export, transport, possess or sell Ammonium Nitrate unless;9. Marking on Ammonium Nitrate packages.
10. Recovery of Spillage during handling.
- If any spillage occurs during the process of handling of Ammonium Nitrate at any stage, it should be carefully collected and bagged and accounted for and the spillage, if not contaminated, may be transferred expeditiously only to a licensee after proper accounting.11. Special precautions against accident.
12. Restriction on unauthorised persons, provision of guards and safety distance for storehouse.
13. Prohibition of certain acts.
- No person shall -14. Maintenance of records and submission of returns.
Chapter III
Provisions for Manufacture, Conversion, Possession, Sale and use of Ammonium Nitrate
15. Safety and Security Management Plan.
Chapter IV
Provisions for Import and Export of Ammonium Nitrate
General16. Import or export by land.
- No licence for import or export of Ammonium Nitrate 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 Controller17. Compliance of Port Rules.
- The provision of rules regulating handling of Ammonium Nitrate at the notified ports issued under the Act and respective Port rules and bye-laws shall be observed.18. Import of Ammonium Nitrate.
19. Export of Ammonium Nitrate.
Chapter V
Provision for Transport of Ammonium Nitrate
General20. Procedure to be followed during transportation.
21. General requirements and documents to be available during transport.
22. Loading, unloading, maintenance and operation of vehicle engaged in transport of Ammonium Nitrate.
23. Procedure on accidents to vehicles.
24.
Nothing contained in rules 20, 21, 22 and 23 shall be applicable for transport of solid Ammonium Nitrate, possessed/purchased by persons permitted/holding valid licence under these rules for quantities not exceeding 50 Kilograms.Chapter VI
Provision for Possession, Sale or use of Ammonium Nitrate
25. Possession in licensed premises.
26. Quantity of Ammonium Nitrate to be purchased in a given period of time.
- A licence holder for possession, sale or use of Ammonium Nitrate in and from a storehouse shall purchase only such quantity of Ammonium Nitrate in a given period as may be specified in the licence.27. Accountability and transaction of Ammonium Nitrate.
Chapter VII
Grant or Refusal of Approval, Licence, Amendment, Transfer And Renewal
28. Authority issuing Licences.
- The licences for specific purposes may be granted by the authorities specified in Schedule I.29. Payment of Fees.
30. Prior approval before construction of facilities.
31. Application for grant of licence.
- After the construction of premises, as per plan approved under rule 30, the applicant shall apply for grant of licence along with documents stated in rule 32 to the authority empowered to grant such licence.32. Period of validity of licence.
- The licensing authority may grant a licence for a period not exceeding five financial years or part thereof ending on the 31st March for all purposes, except for licence for import and export, which shall be one year.33. Documents to be submitted for seeking approval or licence.
34. Procedure to be observed for issue of no objection certificate and grant of licence by the District Authority.
35. Grant of a Licence.
36. Renewal of licence.
37. Amendment of licence in respect of alteration or change in the premises or licensed capacity, but not involving change of name of licensee or partners or directors or members.
38. Procedure for change of partners or directors or members or occupier.
- Whenever any new partner or member or director is inducted in the partnership firm or society or association or company, as the case may be, without any change in the name of the licence holder firm or society or association or company, the licence holder shall submit application to the licence issuing authority with the following documents for accepting the newly inducted partners or members or directors,-39. Refusal for approval, grant or amendment of licence.
- The licensing authority refusing to accord approval or grant licence including amendment shall record in writing the reasons for such refusal and communicate the same to the applicant and before refusal, the applicant shall be given an opportunity of being heard.40. Refusal to renew a licence.
41. Cancellation of No Objection Certificate.
42. Suspension and revocation or cancellation of licence.
43. Procedure on expiry, suspension or revocation or cancellation of licence.
44. Provision for appeal.
45. Procedure to be followed by the appellate authority.
46. Procedure on death or disability of licence holder.
47. Loss of licence.
- Where a licence granted under these rules or an authenticated copy granted thereof, is lost or accidentally destroyed, a duplicate copy may be issued on payment of fees, as given under the provisions of rule 29.Chapter VIII
Powers Vested With Authorities
48. Power of officers to demand licence or pass.
- Every person holding a licence granted under these rules shall, when called upon to do so by any authority specified in rule 50, produce it, or an authenticated copy of it, at such time and place as may be directed by such officer.49. Executive control over authorities.
- Every authority other than the Central Government acting under these rules shall be subject to the directions and control of the Central Government:Provided that nothing in these rules shall be deemed to affect the powers of executive control of the Chief Controller over the Officers subordinate to him.50. Powers of search and seizure.
| Serial Number | Authority | Jurisdiction |
| 1 | All District Magistrates. | Their respective jurisdiction |
| 2 | All Executive Magistrates subordinate to the DistrictMagistrate. | Their respective jurisdiction |
| 3 | All Commissioners of Police or Police Officers of rank notbelow that of a Sub-Inspector of Police. | Their respective jurisdiction |
| 4 | The Director General of Mines Safety or officers subordinateto him. | Their respective jurisdiction |
| 5 | The Chief Controller or Controller of Explosives | All parts of India |