.-(1) Declaration by importer .-A person holding an import licence granted under these rules shall furnish a declaration to the Chief Controller-(a)in Form RE-8 under Part 5 of Schedule V as soon as ship carrying explosives sails from the port of loading;(b)in Form RE-9 under Part 5 of Schedule V as soon as any shipment of explosives is cleared from the port of import.(2)Declaration by master of ship or by the ship's agent .-(a) The master of every ship carrying explosives or the agent for such ship shall give the Conservator of the port not less than forty eight hours' notice of its intended arrival at the port.(b)The master of every ship carrying explosives shall deliver to the pilot before entering any port, a written declaration in Form CE-2 under his signature:Provided that if in anticipation of a ship's arrival, the agent for such ship delivers to the Conservator of the port a written declaration as aforesaid under his signature, no such declaration need to be made by master of the ship.(c)Every declaration delivered to a pilot under clause (b) of sub-rule (2) shall be made over by him without delay to the Conservator of the port and all declarations received by the Conservator of the port shall be forwarded by him, with all convenient despatch to the Commissioner of Customs.(3)Sampling procedure from imported explosives .-(a) When the master of, or the agent for, a ship has made declaration required by sub-rule (2) as the Commissioner of Customs of the port may authorise in this behalf shall board the vessel and obtain samples of all such explosives intended to land at the port and are required under these rules to be tested, analysed or examined.(b)The master or the agent, as the case may be, shall deliver to the officer referred to in clause (a), without charges, samples of all the explosives of which samples are required to be taken. One sample consisting of at least two cartridges shall be drawn from a group of cases having the same batch number and same date of manufacture. The samples, if the sampling officer so requires, shall be taken from particular package indicated by him.(c)If the taking of any samples under clause (a) involves the opening of any case, such case shall, before it is opened, be removed to an isolated position at a safe distance from any place where consignments of explosives are stored.(4)Despatch of samples to the testing officer .-(a) The officer taking a sample of any explosives under sub-rule (3) shall affix to it the name of the ship, the name of the consignee, name of the explosive and such other distinguishing marks, as he may think necessary and shall forward it to the testing officer without delay.(b)In the case of a Nitro-compound or a Chlorate mixture, the date and batch number shall also be affixed to the sample.(5)Testing of samples .-(a) The testing officer shall test, analyse or examine, as the case may be, the samples and shall without delay forward to the Commissioner of Customs a test certificate in CE-1 in duplicate under his signature certifying whether the explosives have passed the prescribed tests, analysis or examination.(b)The Commissioner of Customs shall, as soon as practicable and ordinarily within twenty four hours after receipt of the report of the testing officer, forward a copy each of the certificate in CE-1 to the Chief Controller and the Controller of the area having jurisdiction.(6)Permission to land explosives .-(a) No imported explosives shall be permitted to be landed by the Commissioner of Customs except with the prior permission of the Chief Controller or the Controller duly authorised in this behalf who shall issue such permission if the explosives have passed the prescribed tests, analysis or examination and after making such other enquiries as considered necessary.(b)If the Commissioner of Customs, after receiving the permission under clause (a) and the licence for import of such explosive under these rules and after making such further enquiries as he deems necessary, is satisfied that the explosives can lawfully be imported, he shall permit it to be landed.(c)Nothing in this rule shall affect the power of Commissioner of Customs to detain the explosives under any other law for the time being in force.(d)The imported explosives shall be removed from the port premises by the importer as expeditiously as possible.(7)Restrictions on airports for import .-(a) No explosive shall be imported by air except at the airports authorised for this purpose by the Central Government from time to time.(b)Any explosive not permitted by International Air Transport Authority regulations or by the Director General of Civil Aviation, shall not be imported by air.(c)Any person intending to import explosives by air shall obtain landing permit from the Director General of Civil Aviation and produce a copy thereof to the Chief Controller prior to issue of licence.(d)A person holding a licence for import of explosives by air or his authorised agent shall give a declaration well in advance before bringing the explosives into the airport to the Officer in charge of the airport, the Commissioner of Customs and the Chief Controller giving full particulars of the explosives intended to be imported.(e)Proper arrangements shall be made by the importer to take direct delivery of the imported explosives and remove the same as expeditiously as possible from the airport.
