Union of India - Act
The Explosives Rules, 2008
UNION OF INDIA
India
India
The Explosives Rules, 2008
Rule THE-EXPLOSIVES-RULES-2008 of 2008
- Published on 29 December 2008
- Commenced on 29 December 2008
- [This is the version of this document from 18 January 2023.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by Explosives (Amendment) Rules, 2022 (Rule G-S-R-31-E- of 2023) on 18 January 2023]
10.
/543Whereas the Draft of Explosives Rules, 2006 were published, as required by sub-section (1) of section 18 of Explosives Act, 1884 (4 of 1884) vide notification of the Government of India in the Ministry of Commerce & Industry (Department of Industrial Policy & Promotion) number G.S.R. 226, dated 6th day of September, 2006 in the Gazette of India, Part II, section 3, sub-section (i) inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of forty five days from the date on which the copies of the Gazette containing the said notification were made available to the public;And, whereas, copies of the said Gazette were made available to the public on 6th day of November, 2006;And, whereas, objections and suggestions were received from the public on the said draft rules, have been duly considered by the Central Government;Now, therefore, in exercise of powers conferred by sections 5 and 7 of the Explosives Act, 1884 (4 of 1884) and in supersession of the Explosives Rules, 1983, except as respect of things done or omitted to be done before such supersession, the Central Government hereby makes following rules, namely:-Chapter I
Preliminary
1. Short title and commencement
.-(1) These rules may be called the Explosives Rules, 2008.2. Definitions
.-(1) In these rules, unless the context otherwise requires,-3. Scope of applicability of rules and exemptions
.-(1) These rules are applicable for regulating the manufacture, import, export, transport, and possession for sale or use of explosives.Chapter II
Classification, Categorisation And Authorisation
4. Classification of explosives
.-(1) For the purposes of these rules, the explosives shall be classified in the manner specified in Schedule I. The dual system of classification shall be retained for five years from the date of commencement of these rules, thereafter only UN classification shall be applicable.5. Safety distance categories of explosives
.-(1) 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.6. Authorisation of explosives
.-(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.Chapter III
General Provisions
7. Control over manufacture, import, export, transport, possession for sale or use of explosives
.-No person shall manufacture, import, export, transport, possess for sale or use an explosive except as authorised or licensed under these rules.8. Pre-requisite for grant of licence
.-No licence shall be granted unless otherwise all the relevant provisions laid down under these rules are complied with and all conditions which are contained in the licence forms under Part 3 or Part 4 of Schedule V are satisfied.9. No licence needed in certain cases
.-Notwithstanding anything contained in rule 7, no licence shall be necessary for the following cases, namely:-10. General Restrictions
.-(1) Restriction on manufacture .-(a) No explosives shall be manufactured at any place except at a licensed factory with manufacturing process duly approved by the licensing authority.(b)No person shall manufacture any plastic explosive without adding marking agent as per the International Civil Aviation Organisation Resolution A 27-8 based on United Nations Security Council Resolution 635 of 14th June, 1989 and United Nation General Assembly Resolution 44/29 of 4th December, 1989;11. Employment of competent person
.-(1) All operations associated with handling of explosives shall be carried out under supervision of competent person.12. Protection from lightning and thunderstorm
.-(1) Every magazine or process building shall have attached thereto one or more efficient lightning conductors designed and erected in accordance with specification laid down by Bureau of Indian Standards.13. Repair and maintenance of the premises
.-The interior of every building or room used for storage of explosives and the benches, shelves and fittings in such building or room shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the detachment of any grit, iron, steel or similar substance so as to come into contact with explosive in such building and such interior benches, shelves and fittings shall, so far as is reasonably practicable, be kept clean and free from grit.14. Packing of explosives
.-(1) 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:Provided that nothing in this rule shall apply to explosives in the process of manufacture;(e)the firecrackers for export purpose shall have different colour packing and shall carry a declaration printed thereon. "Not for sale in India. Only for export".15. Marking on explosives and packages
.-(1) Marking on packages .-(i) 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 A 27-8" referred in sub-clause (iv) of clause (c) under sub-rule (2) of rule 10; and(l)a paper slip containing the above details shall be kept inside the package:Provided that in the case of safety fuse or fireworks, clauses (a) and (l) may be omitted and the words "safety fuse" or "fireworks" shall be marked.(ii)In case of fireworks, the names of the items, for example-amorces, paper caps, serpents eggs, etc., as appropriate shall be marked.(iii)Every manufacturer shall on the box of each fire cracker shall mention details of its chemical content, sound level and that it satisfies requirements as laid down by the Chief Controller. Firecracker meant for export shall have a different colour packing from those intended to be sold in India and a clear print indicating that they are not to be sold in India.16. Weight of explosives
.-The weight of explosives when referred to in these rules shall not include the weight of the packing box in which the explosives are packed:Provided that in case of explosives of the Class 6 (Ammunition) or Class 7 (Fireworks), the weight shall be deemed to be the weight of the completed article inclusive of the case or contrivance in which the explosive is contained, but shall not include the weight of the inner package and outer packing box.17. Split explosive to be destroyed
.-If any explosive escapes from the package in which it is contained, or is split, such explosive shall immediately be carefully collected and destroyed in a safe manner as provided in these rules.18. Precautions against danger from water, heat or pollution
.-(1) 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.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.20. Provision of mounds
.-(1) For manufacturing factory .-Every building used for production, handling, storage, testing of explosives, in a licensed factory unless otherwise exempted by the licensing authority shall be surrounded by a substantial mound which shall be of a type and design approved by the licencing authority:Provided that the licensing authority may allow blast walls in place of substantial mound if such blast walls can be provided for the purpose.21. Restriction on unauthorised persons and provision of guards
.-(1) The licensee shall at his own expense provide security guards for safe custody of the factory or magazine for storage of explosives other than fireworks.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.23. Prohibition of certain acts
.-No person shall-24. Maintenance of records and submission of returns
.-(1) Every person holding a licence granted under these rules for manufacture, possession, sale, use or transport of explosives shall maintain records in the prescribed forms specified in Part 5 of Schedule V and shall produce such records on demand to an authority specified in rule 128.25. Records of accidents
.-Records of all accidents occurring within the licensed premises shall be maintained and shall be made available to the inspecting authority.Chapter IV
Special Provisions For Manufacture Of Explosives
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.27. Submission of safety management plan to District Magistrate
.-The applicant shall submit a copy of the safety management plan to the District Magistrate.28. Buildings to be used for specified purpose only
.-Every building in a factory shall be used only for the purpose specified in the licence granted under these rules:Provided that the licensing authority may temporarily permit the use of a building for a purpose other than that specified in the licence after satisfying himself that such a change is safe and for smooth operation of the process of manufacture.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.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.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.32. Particulars to be exhibited on process building
.-The particulars mentioned hereunder shall be prominently marked or exhibited in every process building, namely:-33. Removal of foreign matter from ingredients
.-No ingredient shall be made or mixed into an explosive unless it has been thoroughly treated by sifting or other effective means for the detection and removal of all foreign objects or matters that might cause danger.34. Removal of explosives and materials expeditiously
.-(1) All explosives processed in a process building shall immediately be removed to the next process building or a licensed magazine or storehouse, as the case may be, and no explosive shall be allowed to accumulate in any process building.35. Training to personnel
.-Every person engaged in the manufacturing factory shall be imparted training in safety by competent person periodically during manufacture, handling, transportation and storage of explosives and records of such trainings shall be maintained.36. Use of vehicles
.-Every vehicle and every trolley or receptacle in which finished or partly finished explosives are transported in a licensed factory area shall-37. Maintenance and repairs of building, plant and equipment
.-(1) Every building in the licensed premises shall always be maintained in a fit condition. All plants and equipments in a licensed factory shall be regularly serviced and maintained in a proper and fit condition by the licensee.38. Facilities for testing
.-Proper testing facilities for routine physical and chemical examination of raw materials, intermediates and final products shall be provided by the licensee in the licensed premises at places specially approved by the Chief Controller or Controller:Provided that the Chief Controller or Controller, as the case may be, may direct the licensee, by a written order to provide such additional facilities at such places which, in his opinion, are necessary for maintaining desired quality and safe manufacture of explosives in the licensed factory.39. Requirement of samples for testing
.-Whenever the Chief Controller or Controller requires under sub-rules (7) or (12) of rule 6 testing of any explosive by the Departmental Testing Station, the manufacturer or the applicant shall submit the samples of the explosives, free of cost to the Departmental Testing Station in required quantities:Provided that if considered necessary, Chief Controller or Controller, as the case may be, may draw samples through his subordinate officers.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.41. Exclusion from list of authorised explosives
.-If the licensing authority stops the manufacture of any explosives under rule 40 or if any explosive is not manufactured for a continuous period of five years, such explosives may be excluded from the list of authorised explosives by the Chief Controller.42. Disposal of waste explosives
.-(1) The laboratories, process buildings and machineries therein shall be swept and cleaned at the end of each shift or earlier if necessary, and the sweepings and waste explosives shall be properly collected and stored in a safe place and safely disposed of.Chapter V
Special Provisions For Import Or Export Of Explosives General
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.44. Compliance of port rules
.-The provision of rules regulating to handling of explosives at the notified ports issued under the Act and respective port rules and bye-laws shall be observed.45. Import of explosives
.-(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.46. Export of explosives
.-(1) Declaration by exporter or his agent .-(a) The exporter or his authorised agent shall give the conservator of the port not less than forty eight hours' notice of his intention to bring explosives to port for export and shall not bring the explosives to any part of the port without prior permission in writing from the said officer.(b)The exporter or his authorised agent shall produce before the conservator of a port-(i)licence granted under these rules for export of explosives in question;(ii)a certificate issued by the exporter to the effect that the explosives have been packed and marked in accordance with the UN regulations.(c)The exporter or his authorised agent shall also submit to the Chief Controller, on export of each consignment and within twenty-one days from the date of actual export, copy of bill of lading and return in Form RE-10.Chapter VI
Special Provisions For Transportation Of Explosives General
47. Procedure to be followed during transportation
.-(1) Every consignment of explosives transported under licence shall be accompanied by a pass issued by the consignor in Form RE-12 under Part 5 of Schedule V.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.49. Transport in passenger carriages and vessels
.-Save as otherwise expressly provided in these rules, no explosive shall be transported in any carriage vessel or aircraft plying for or carrying passengers on hire.50. Documents to be available during transport
.-(1) The operator of a vehicle used for the transport of explosives except fireworks and safety fuse shall ensure that the driver or any attendant thereof has in his possession the following documents during transport, namely:-(a)copy of indent in form RE-11 under Part 5 of Schedule V, issued by the consignee;(b)copy of transport pass in form RE-12 under Part 5 of Schedule V issued by the consignor;(c)copy of road van licence;(d)original copy of bill of explosives being transported.51. Maximum consignments allowed
.-The quantity of explosives except fireworks and safety fuse transported shall not exceed-52. Despatch of explosives to carriers for transport
.-(1) No person shall despatch any explosives except fireworks to a carrier other than the Indian Railways for the purpose of transport.53. Place and time of loading and unloading
.-(1) Every explosive shall be loaded and unloaded at a safe distance from the station buildings, passenger platforms, dwelling houses, factories, public buildings and other buildings or places where persons assemble or any flammable or other hazardous goods are stored or handled.54. Carriage or vessel or aircraft to be in readiness for loading
.-No explosive shall be brought to any place of loading until the carriage or vessel or aircraft into which it is to be loaded is at that place in readiness to receive it.55. Delay in transit to be avoided
.-The person or persons in charge of carriage or vessel carrying explosives shall, not stop or delay at any place for a longer time than may be reasonably necessary, not stop unnecessarily at any place where such stopping would reasonably be dangerous to public.56. Repairs to conveyance
.-Before any repairs or alterations are commenced in any part of a carriage or vessel in which explosives are being, or have been transported, all due precautions should be taken to remove all such explosives, or any remnants thereof, and the space in such carriage or vessel in which such explosives have been carried shall be thoroughly washed out to ensure that no remnants of explosives remain therein.57. Small quantities of fireworks exempted
.-Nothing contained in rules 49, shall apply to the transport of manufactured fireworks in the custody of a person entitled to possess them without a licence under sub-rule (5) of rule 9:Provided that not more than five kilograms of manufactured fireworks, securely packed in original packing, shall be so transported in any motor vehicle used for conveyance of more than six passengers.58. Safety distances between carriages and boats
.-Where the explosives in two or more carriages, other than motor vehicles or in two or more boats, travelling in company exceed the maximum quantity or International Maritime Dangerous Goods Code, as applicable, or as stated in rule 51, whichever is less, for any one carriage or boat, such carriages or boats shall not approach within fifty metres of one another:Provided that-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.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.61. Licence for road van or compressor mounted motor truck or tractor
.-(1) No person shall transport or cause to be transported any explosive in a road van or compressor mounted motor truck or tractor unless such vehicle is licensed under these rules to transport explosives. The road van shall meet the requirements laid down in specification 5 of Schedule VII and compressor mounted motor truck or tractor shall meet the requirements laid down in specification 5 thereof and shall be approved by Chief Controller.62. Prohibition of transport within Streets, Public places and other specified areas
.-(1) No person shall transport or cause to be transported any explosives on any road within the limits of a municipality or cantonment where such a road is specifically prohibited for plying vehicles carrying explosives.63. Restriction on transport of explosives except fireworks and safety fuse by vehicles other than road vans or compressor mounted motor truck or tractor
.-No explosive other than fireworks or safety fuse shall be transported by any carriage, which is not, a road van or compressor mounted motor truck or tractor:Provided that any carriage, which is not a road van or compressor mounted motor truck or tractor, may transport any explosive if the distance from the place of loading to the place of destination does not exceed ten kilometres and the following conditions are complied with:64. Loading of explosives
.-(1) The person in charge of loading explosives into a vehicle or aircraft for carriage shall ensure that the explosives are stowed in such a manner that-(a)during normal course of transport they will not move and will be protected against friction and bumping; and(b)should it become necessary to unload any of the explosives, those remaining can be restowed with as little disturbance as possible.65. Restriction on use of towed vehicles
.-No person shall transport explosives other than fireworks in any towed vehicle or tow any vehicle transporting explosives.66. Carriage of explosives with other substance prohibited
.-No other goods shall be carried with explosives in any vehicle:Provided that not more than one thousand kilograms of fireworks may be carried along with other goods not being flammable and hazardous in nature.67. Loading, unloading, maintenance and operation of road vans
.-(1) After the loading or unloading of explosives in or from any such vehicle is commenced, the operation shall not be stopped until completed and shall be completed as expeditiously as possible.68. Lighting of stationary vehicles
.-Where a road van carrying explosives is stationary on a public road at night, otherwise than by reason of delay incidental to the flow of traffic, driver or the licensee of the van shall keep the parking lights on throughout the stay and if necessary shall also provide reflectors or use blinking lights in such position as to convey an effective warning of the presence of the road van to the drivers of other vehicles.69. Accident to the vehicle
.-(1) 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.70. Fire extinguishers to be provided
.-(1) 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
71. Possession in licensed premises
.-(1) A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence.72. Repacking or opening of packages
.-(1) An explosive shall, as far as practicable, be sold in original packages. If the quantity sold to any person is less than the quantity of explosives packed in the original packing, such quantity shall be packed in a safe and proper manner in a substantial package which shall be clearly marked with following markings, namely:-(a)Name of the explosive;(b)Class, Division and sub-division as per to Schedule I;(c)Quantity of explosive packed;(d)Name of licensee with licence number of the magazine from where the explosive is being supplied and packed;(e)Date of packing;(f)Name and address of the consignee.73. Explosives not to be kept in damaged boxes
.-The licensee of every magazine or storehouse shall ensure that the explosives are always kept in their original outer package and if the outer package gets damaged in a manner that the explosives contained therein cannot be stored or transported, such explosives shall be repacked after giving prior intimation well in advance to the Controller having jurisdiction over the area with all necessary details.74. Storage of explosives in excess of the licensed quantity
.-(1) The quantity of any kind of explosives kept in any licensed magazine or storehouse shall not exceed the quantity entered in the licence against such kind of explosives.75. Permit for temporary possession of manufactured fireworks in excess of the licensed quantity
.-A permit for a period not exceeding thirty days may be granted by the licensing authority to a licensee for fireworks shop to possess one-third in excess of the licensed quantity on receipt of fees as prescribed under Part 2 of Schedule IV:Provided that adequate floor area to accommodate excess storage is available in such shop.76. Quantity of explosives to be purchased in a given period of time
.-A licensee for possession, sale or use of explosives in and from a magazine licensed in Form LE-3 shall purchase only such quantity of explosives in a given period as may be specified in the licence.77. Accountability and transaction of explosives
.-(1) All licenses granted under these rules shall bear the photograph of the licensee or occupier.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.79. Stacking of packages
.-Packages shall be stacked in magazine or store house in such a manner so as to facilitate inspection of the condition of all packages stored and to read the marking particulars of each package and in the manner provided under Schedule VII.80. Storage of compatible explosives
.-(1) Detonators or gun powder or fireworks shall be stored only in separate rooms or compartments meant for each in a magazine.81. Specification for construction of a magazine
.-Magazine used for storage of explosives shall be constructed as per specification 2 of Schedule VII.82. Store house for fireworks or safety fuse
.-(1) Store house shall be used only for possession of fireworks not exceeding five thousand kilograms or safety fuse not exceeding fifty thousand meters and not for sale.83. Explosives permitted for possession and sale from shop
.-(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse, permitted in licence shall be stored in a shop for possession and sale.84. Temporary shops for possession and sale of fireworks during festivals
.-During festivals, the District Magistrate may issue temporary licences for possession and sale of fireworks in a temporary shop subject to the following conditions, namely:-85. Special precautions to be observed for fireworks
.-(1) Subject to other provisions of this rule, fireworks shall not be placed or kept in a shop window used for display of goods.86. Safety distances to be maintained
.-(1) Factory or magazine .-The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence, as the case may be.87. Sale of other article prohibited
.-The premises in which small arms nitro-compound or fireworks or gun powder or safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes when small arms nitro-compound or fireworks or gun powder or safety fuse is stored:Provided that the premises may be used for other purposes except for inflammable and dangerous substances when small arms nitro-compound or fireworks or gun powder or safety fuse are not stored in the premises.88. Fireworks to be sold from licensed premises only
.-No person shall sell fireworks from any premises other than those licensed under these rules.89. Restriction on preparation of charges
.-(1) An explosive of one description shall not be converted into an explosive of another description.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.91. Explosives to be examined before use
.-(1) Explosives before use shall be visually examined for any visible defects and any defective explosive shall not be used.92. Precautions to be observed at site
.-(1) The electric power at the blasting site shall be discontinued as far as practicable before charging the explosives.93. Suitable warning procedure to be maintained
.-The licensee or an authorised person appointed by the licensee to be in charge of the use of explosives at the site shall lay down a clear warning procedure consisting of warning signs and audible signals and all persons employed in the area shall be made fully conversant with such signs and signals.94. Precautions to be observed while firing
.-(1) The end of the safety fuse should be freshly cut before being lighted.95. Precautions against stray currents
.-Where electrically operated equipment is used in locations having conductive ground or continuous metal objects, tests shall be made for stray currents to ensure that electrical firing can proceed safely.96. Person in charge to be responsible
.-The licensee or a shot firer employed by him to be incharge of blasting operations shall take all precautions against fire, accident, loss, pilferage, etc., of explosives and will be personally held responsible for any contravention of the relevant provisions of the Act or Rules thereof.97. Blasting operations in mines
.-Blasting operations in mines shall be carried out as per the Mines Act, 1952 (35 of 1952) and such operations shall be carried out according to regulations framed under that Act. The shot firer employed for blasting operations shall take all precautions against fire, accident, loss, pilferage, etc., of the explosives and personally be held responsible for any contravention of the provisions of the Explosives Act, 1884 and the rules thereof.98. Blasting operation by shot firer in areas other than mines
.-(1) Blasting operation shall be carried out by a shot firer holding valid certificate issued by the Controller.Chapter VIII
Grant Or Refusal Of Approval, No Objection Certificate, Licence, Certificates, Amendment, Transfer And Renewal
99. Licences and licensing authorities
.-Licences and certificates for specific purposes may be granted by the authorities specified in Part 1 of Schedule IV.100. Payment of Fees
.-(1) When the licensing authority is the Chief Controller or Controller, the fees payable under these rules shall be paid by a crossed Bank Draft and when the licensing authority is the District Magistrate, the fees payable under these rules shall be paid in such manner as may be specified by him.101. Prior approval before construction
.-(1) A person desiring to obtain a licence for manufacture, possession for sale, use, transport of explosives, under these rules, shall obtain prior approval from the authority empowered to grant such licence, by submitting documents mentioned in rule 113.102. No objection certificate before construction
.-(1) After approval under rule 101, the person desiring to obtain a licence for manufacture, possession for sale or use of explosives shall obtain a no objection certificate from the District Magistrate or Director General of Mines Safety, as the case may be, before commencing construction of the premises.103. Procedure to be observed for issue of no objection certificate and for grant of licence
.-(1) The applicant desiring to obtain a licence from the Chief Controller or Controller, shall apply to the District Magistrate or the Director General of Mines Safety with copies of the site plan showing the location of the premises proposed to be licensed for issue of a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed.104. Commencement of construction of premises
.-On receipt of no objection certificate under rule 103, the applicant shall start construction of the premises or installation of the facilities:Provided that in case of shops or storehouses or other premises, which are already constructed, no objection certificate may be obtained subsequently.105. Application for grant of licence
.-After the construction of premises is completed, the applicant shall apply for grant of licence along with documents stated in rule 113.106. Period of validity of licence
.-The licensing authority may grant a licence for the period deemed necessary but not exceeding-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.| 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. |
108. Transfer of licence
.-(1) A licence granted under these rules may be transferred by the authority empowered to grant the licence.109. Amendment of licence in respect of alteration or change in the premises or licenses capacity, but not involving change of name of licensee or partners or directors or members
.-(1) A licence granted under these rules may be amended by the authority empowered to grant the licence if the amendment is not inconsistent with the provisions of these rules.110. Amendment of licence due to change of name of the licensee (firm or company or association or society)
.-(1) Wherever, name of the licensee such as firm or company or association or society is proposed to be changed, the licensee shall submit application to the licensing authority for amendment of licence in favour of the new name along with-(a)application in the form as appropriate for grant of licence;(b)documentary evidence with supporting documents in respect of the change of the name;(c)copies of all approved drawings in the new name of the licensee;(d)no objection certificate from the District Magistrate for change in the name of the licensee;(e)requisite scrutiny fee and amendment fee.111. 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 licensee firm or society or association or company, the licensee shall submit application to the licensing authority for accepting the newly inducted partners or members or directors,-112. Renewal of licence
113. Documents for approval and grant of licence
.-The following documents shall be required to be submitted for approval and grant of licence.-| SI. No. | Purpose of Licence | Article number as per Part of Schedule IV | Licence Form | Documents required for approval | Documents required for grant of licence |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. | Licence to manufacture fireworks or gun powder or both not exceeding 15 kilogrammes at any one time. | 1(a) | LE-1 | (i)From AE-1(ii)Plans of the proposed building or sheds and the site showing approach road to the factory, all buildings in and around, and safety distances maintained;(iii)Particulars of competent persons and their experience in related fields;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1(ii)Plans of the proposed building or sheds and the site showing approach road to the factory, all buildings in and around, and safety distances maintained;(iii)Particulars of competent persons and their experience in related fields;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Completion certificate;(vi)Indemnity bond in CE-3;(vii)Licence fee as per Schedule IV, Part 2, |
| 2. | Licence to manufacture fireworks or gun powder or both not exceeding 15 kilogrammes but not exceeding 500 kilogrammes at any one time. | 1(b) | LE-1 | (i)Form AE-1 and additional information like details of process;(ii)Plans of the proposed buildings and the site showing approach road network to the factory or premises; all buildings, blast wall, safety distance, plant, equipment, explosives limit, man limit;(iii)Distance from DE-1;(iv)Particulars of competent technical persons or foreman and their experience in related fields;(v) Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vi)Scrutiny fee as per Schedule IV, Part 2. | (i)Form AE-1 and additional information like details of process;(ii)Plans of the completed buildings and the site showing approach road network to the factory or premises; all buildings, blast wall, safety distance, plant, equipment, explosives limit, man limit;(iii)Distance from DE-1;(iv)Particulars of competent technical persons or foreman and their experience in related fields;(v)No objection certificate along with approved plan from competent issuing authority;(vi)Completion certificate;(vii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(viii)Indemnity bond in CE-3;(ix)Licence fee as per Schedule IV, Part 2. |
| 3. | Licence to manufacture fireworks or gun powder or both exceeding 500 kilogrammes at any one time | 1(c) | LE-1 | (i)From AE-1 and additional information like details of process;(ii)Plans of the proposed buildings and the site showing approach road net work to the factory or premises; all buildings, blast wall, safety distances, plant, equipment, explosives limit, man limit;(iii)Distance from DE-1;(iv)Particulars of competent technical persons or foreman and their experience in related fields;(v)Passport size photographs of occupier along with documentary evidence of nomination occupier as per rule 2;(vi)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1 and additional information like details of process;(ii)Plans of the completed buildings and the site showing approach road net work to the factory or premises; all buildings, blast wall, safety distances, plant, equipment, explosives limit, man limit;(iii)Distance from DE-1;(iv)Particulars of competent technical persons or foreman and their experience in related fields;(v)No objection certificate along with approved plan from competent issuing authority;(vi)Completion certificate;(vii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(viii)Indemnity bond in CE-3;(ix)Licence fee as per Schedule IV, Part 2 |
| 4. | Licence to manufactureSite, ANFO explosives not exceeding 200 kilogrammes at any time. | 1(d) | LE-1 | (i)From AE-1 and additional information like details of process;(ii)Plans of the proposed manufacturing shed and the site showing approach road net work to the premises; safety distance and equipments for ANFO manufacture;(iii)Particulars of competent technical persons and their experience in related fields;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1 and additional information like details of process;(ii)Plans of the completed manufacturing shed and the site showing approach road net work to the premises; safety distance and equipments for ANFO manufacture;(iii)Particulars of competent technical persons and their experience in related fields;(iv)No objection certificate along with approved plan from competent issuing authority;(v)Completion certificate;(vi)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);(Viii)Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);(ix)Licence fee as per Schedule IV, Part 2. |
| 5. | Licence to manufacture liquid oxygen explosive (LOX). | 1(e) | LE-1 | (i)From AE-1 additional information like details of process;(ii)Plans of the proposed LOX depot and the site showing approached road network to the premises, safety distance, and equipments for LOX manufacture;(iii)Particulars of competent technical persons and their experience in related fields;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1 additional information like details of process;(ii)Plans of the completed Lox depot and the site showing approached road network to the premises, safety distance, and equipments for LOX manufacture;(iii)Particulars of competent technical persons and their experience in related fields;(iv)No objection certificate along with approved plan from competent issuing authority;(v)Completion certificate;(vi)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);(Viii)Licence fee as per Schedule IV, Part 2. |
| 6. | Licence to manufacture site mixed explosives (SME). | 1(f) | LE-1 | (i)From AE-1 additional information like details of process;(ii)Plains of the proposed support plant and the site showing approach road net work to the premises; all buildings, distances, plant, equipment, attached BMD vehicles and annual capacity;(iii)Particulars of competent technical persons and their experience in related fields;(iv)Pass port size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1 additional information like details of process;(ii)Plains of the completed support plant and the site showing approach road net work to the premises; all buildings, distances, plant, equipment, attached BMD vehicles and annual capacity;(iii)Particulars of competent technical persons and their experience in related fields;(iv)No objection certificate along with approved plan from competent issuing authority;(v)Completion certificate;(vi)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)Indemnity bond in CE-3 (not required if covered under the Mines Act, 1955);(Viii)Licence fee as per Schedule IV, Part 2. |
| 7. | Licence to manufacture explosives other than fireworks, gun powder, ANFO, LOX and SME. | 1(g) | LE-1 | (i)Form AE-1 and additional information like details of manufacturing process;(ii)Plans of the proposed buildings and the site showing full approach road net work to the factory/ or premises; all buildings, mounds, safety distance, plant, equipment, explosives limit, man limit, annual capacity;(iii)Distance from DE-1;(iv)Quality control plan and procedures for raw materials, intermediate and finished products;(v)Safety management plan;(vi)Particulars of competent technical persons or foreman and their experience in related fields;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-1 and additional information like details of manufacturing process;(ii)Plans of the proposed buildings and the site showing full approach road net work to the factory/ or premises; all buildings, mounds, safety distances, plant, equipment, explosives limit, man-limit, annual capacity;(iii)Distance from DE-1;(iv)Safety management plan;(v)Particulars of competent technical persons or foreman and their experience in related fields;(vi)Passport sized photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)No objection certificate along with approved plan from competent issuing authority;(viii)Indemnity bond in CE-3;(ix)Completion certificate;(x)Licence fees as per Schedule IV, Part 2. |
| 8. | Licence to process gun powder not exceeding 15 kilogrammes at any one time for manufacture of adirverttus and possession of adirverttus not exceeding 200 in number at any one time. | 2 | LE-2 | Not necessary as per sub-rule (4) of rule 101. | (i)From AE-2;(ii)The plan showing place for storage of Gun powder, filling and firing of Aigrettes and protected works within 100 metres on all sides;(iii)Passport sized photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2;(v)Public liability insurance. |
| 9. | Licence to possess for use, for agricultural purpose or in small quarry, explosives not exceeding 25 kilogrammes of Class 1, 2 or 3; 1500 numbers detonators; 1500 meters of Detonating Fuse or Safety Fuse at any one time in a magazine. | 3(a) | LE-3 | (i) From AE-3 (for possession and use);(ii) Plans of the proposed magazine and the site showing approach road; safety distances, licensed capacity;(iii) Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv) Scrutiny fee as per Schedule IV, Part 2. | (i) From AE-3 (for possession and use);(ii) Plans of the completed magazine and the site showing approach road; safety distances, licensed capacity;(iii) Completion certificate(iv) Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v) Licence fee as per Schedule IV, Part 2. |
| 10. | Licence to possess for sale of explosive of Class 1,2,3,4,5, 6 or 7 in a magazine. | 3(b) | LE-3 | (i)Form AE-3;(ii)Plans of the proposed magazine and the site showing approach road; mounds, safety distances, licensed capacity;(iii)Distance from DE-1;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)Form AE-3;(ii)Plans of the completed magazine and the site showing approach road; mounds, safety distances, licensed capacity;(iii)Distance from DE-1;(iv)Completion certificate(v)No objection certificate with approved Plan from District Magistrate;(vi)Licence fee as per Schedule IV, Part 2. |
| 11. | Licence to possess for use, explosives of Class 1,2,3,4,5,6 or 7 in a magazine. | 3(c) | LE-3 | (i)From AE-3;(ii)Plans of the proposed magazine and the site showing approach road; mounds, safety distances, licensed capacity;(iii)Distance from DE-1;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-3;(ii)Plans of the completed magazine and the site showing approach road; mounds, safety distances, licensed capacity;(iii)Distance from DE-1;(iv)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Completion certificate;(vi)No objection certificate with approved Plan from District Magistrate;(vii)Licence fee as per Schedule IV, Part 2. |
| 12. | Licence to possess fireworks not exceeding 5000 kilogrammes or safety fuse not exceeding 50000 meters, in a storehouse, not for sale but for transfer to own licensed shop. | 3(d) | LE-3 | (i)From AE-3;(ii)Plans of the proposed store house of site showing approach road, safety distance, licence capacity;(iii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Scrutiny fee as per Schedule IV, Part 2. | (i)From AE-3;(ii)Plans of the completed store house and the site showing approach road, licence capacity;(iii)completion certificate;(iv)No objection Certificate with approved plan by District Magistrate;(v)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vi)Licence fee as per Schedule IV, Part 2. |
| 13. | Licence to possess and transport explosives of Class 2 or 3 not exceeding 25 kilogrammes, electric or ordinary detonators not exceeding 200 numbers, detonating fuse not exceeding 100 meters and safety use not exceeding 200 meters in a compressor mounted motor truck or tractor for use in well sinking. | 4 | LE-4 | Not necessary as per sub-rule (4) of rule 101 (Type approval to be obtained from Chief Controller). | (i)Form AE-4;(ii)Plans of the tractor compressor conforming to Specification 5;(iii)Passport size Photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 14. | Licence to possess and sale from a shop, at any one time, not exceeding 25 kilogrammes of small arms nitro compound. | 5(a) | LE-5` | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 15. | Licence to possess and sale from a shop at any one time, not exceeding 100 kilogrammes of manufactured fireworks of Class 7, division 2, sub-division 2 and 500 kilogrammes of Chinese crackers or sparklers. | 5(b) | LE-5 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 16. | Licence to possess and sale from a shop, at any one time, not exceeding 2000 nos. of pyrotechnic device explosives of 6 division 1. | 5(c) | LE-5 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 17. | Licence to possess for use gun powder not exceeding 5 kilogrammes and safety fuse not exceeding 50 meters in states of Bihar, West Bengal, Kerala and Tamil Nadu. | 5(d) | LE-5 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 18. | Licence to possess, for use of small arms nitro compound not exceeding 5 kilogrammes in the state of Kerala. | 5(e) | LE-5 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2. |
| 19. | Licence to possess and sale from a shop manufactured fireworks of Class 7, division 2, sub-division 2 exceeding 100 kilogrammes but not exceeding | LE-5 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-5;(ii)Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule(3) of rule 86;(iii)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv) No Objection Certificate with approved plan by District Magistrate;(v)Licence fee as per Schedule IV, Part 2. | |
| 20. | Licence to possess and use fireworks for public display. | 6 | LE-6 | Not necessary as per sub-rule (4) of rule 101. | (i)Form AE-6;(ii)Site Plan for display of fireworks;(iii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Licence fee as per Schedule IV, Part 2;(v)Public liability insurance. |
| 21. | Licence to transport explosives in a road van. | 7 | LE-7 | (i)Form AE-7;(ii)Plans of the proposed Explosives Van as per Specification 4;(iii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(iv)Scrutiny fee as per Schedule IV, Part-2. | (i)Form AE-7;(ii)Plans of the Explosives Van as per Specification 4;(iii)Completion certificate;(iv)Attested copy of registration certificate of the vehicle;(v)No objection certificate from District Magistrate (not applicable where the applicant is holder of licence for possession of explosives for sale for use in which case a copy of the said licence to be submitted);(vi)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)Licence fee as per Schedule IV, Part 2. |
| 22. | Licence to import or export explosives otherwise than y land. | 8 | LE-8 | Not necessary as per sub-rule (4) of rule 101. | (i)From AE-8;(ii)Passport size photographs of the occupier along with documentary evidence of nomination as occupier as per rule 2 or exporter;(iii)Licence fee as per Schedule IV, Part-2. |
| 23. | Licence to manufacture, possess, sale, use, etc., if explosives not provided in articles 1 to 8 of Part 1 of Schedule IV. | 9 | LE-9 (SPECIAL) | (i)From AE-1;(ii)Plans of the proposed building and the site showing full approach road, network to the factory or premises, all buildings, mounds, safety distances, plant, equipments, explosives limit, man-limit, annual capacity, as the case may be;(iii)Any other document(s) as may be required by the Chief Controller;(iv)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(v)Scrutiny fee as per Schedule IV, Part 2. | (i)Form AE-9;(ii)Plans of the proposed building and the site showing full approach road, network to the factory or premises, all buildings, mounds, safety distances, plant, equipments, explosives limit, man-limit, annual capacity, as the case may be;(iii)Any other document(s) as may be required by the Chief Controller;(iv)No objection certificate with approved Plan from District Magistrate;(v)Completion certificate;(vi)Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per rule 2;(vii)Licence fee as per Schedule IV, Part 2. |
| 24. | Shot firer's Certificate. | 10 | LE-10 Not required. | (i)From AE-10;(ii)2 copies of passport size photograph;(iii)Proof of date of birth;(iv)Certificate of educational qualification and experience;(v)Medical fitness certificate;(vi)No objection certificate from In-charge of Police Station, (not required in case competency is required only for blasting in connection with testing of explosives in a factory or recognized laboratory);(vii)Fee as per Schedule IV, Part 2. | |
| 25. | Foreman's Certificate | LE-11 Not required | (i)From AE-11;(ii)2 copies of passport size photograph;(iii)Proof of date of birth;(iv)Certificate of educational qualification and experience;(v)Medical fitness certificate;(vi)Fee as per Schedule IV, Part 2. |
114. Refusal to grant approval or licence
.-The authority refusing to grant approval or licence including amendment and renewal shall record in writing the reasons for such refusal and communicate the same to the applicant. Before refusal, the applicant shall be given an opportunity of being heard.115. Cancellation of no objection certificate
.-(1) No objection certificate granted under rule 103, may be cancelled by the authority issuing the same or authority superior to it, if such authority is satisfied, that-(a)the licensee has ceased to have any right for the lawful possession over the licensed premises;(b)the licensee is convicted and sentenced for any criminal offence or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour;(c)the cancellation of no objection certificate is absolutely necessary for public peace and safety:Provided that before cancellation of the no objection certificate, the licensee shall be given a reasonable opportunity of being heard.116. Refusal to amend or renew a licence
.-(1) The licensing authority refusing to amend or renew a licence shall record the reasons for such refusal in writing.117. Restriction on quantity or period
.-If the authority grants, amends or renews a licence for a quantity or period less than the quantity or period applied by the applicant, the authority shall record in writing the reasons for such reduction in licence quantity and shall communicate the same to the applicant on demand.118. Suspension and revocation or cancellation of licence
.-(1) Every licence granted under these rules shall-(I)stand cancelled, if-(a)the licensee has ceased to have any right for the lawful possession over the licensed premises;(b)the licensee is convicted and sentenced under any criminal offences or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour.(II)stand cancelled, if the no-objection certificate is cancelled by the authority issuing the same or District Magistrate or the State Government in accordance with rule 115.(III)be liable to be suspended or cancelled by an order of the licensing authority for any contravention of the Act or these rules or of any condition contained in such licence, or by order of the Central Government, if it is satisfied that there are sufficient grounds for doing so:Provided that before suspending or cancelling a licence under this rule, the holder of the licence shall be given an opportunity of being heard.119. Procedure on expiry, suspension or revocation or cancellation of licence
.-(1) A licensee on the expiry, suspension or revocation or cancellation of the licence shall forthwith give notice to the licensing authority, of the description and quantity of explosives in his possession and shall comply with the directions which the licensing authority may give in regard to their disposal.120. Refusal or withdrawal of shot firer's certificate
.-(1) A shot firer's certificate for use of explosive may be refused or withdrawn for any of the following reasons, namely:-(a)non-compliance with any order of the issuing authority within the time specified by such order;(b)the applicant or holder is an unlawful user of, or is addicted to, narcotics or dangerous drugs;(c)the applicant or holder advocates, or knowingly belongs to, any organisation or group that advocates violent overthrow of or violent action against any State Government or the Central Government;(d)the applicant or holder suffers from a mental or physical defect that would interfere with the safe handling of explosives;(e)violation by the applicant or holder of any provision of any of these rules or that false information was given or a misrepresentation was made to obtain the certificate;(f)the applicant belongs to any unlawful or barred organisation.121. Provision for appeal
.-(1) An appeal against an order of the authority refusing to grant or renew a licence or suspending or revoking a licence or certificate or varying the condition of a licence or certificate shall lie, if the order is passed by the-(a)Chief Controller,-to the Central Government;(b)Controller,-to the Chief Controller;(c)District Magistrate,-to the immediate superior to such authority.122. Procedure to be followed by the appellate authority
.-(1) On receipt of the appeal and if such appeal can be admitted in accordance with the Act the appellate authority may call for records of the case from the authority who passed the order appealed against and may make such further enquiries as it may deem necessary and after giving the appellant a reasonable opportunity of being heard, pass final orders.123. Procedure on death or disability of licensee
.-(1) If a licensee dies or becomes insolvent or mentally incapable or otherwise disabled, the licence granted to him under these rules shall stand cancelled on the date of the licensee's death or mental incapacity or insolvency or disability, as the case may be.124. Loss of licence
.-Where a licence granted under these rules or an authenticated copy granted thereof, is lost or accidentally destroyed, a duplicate may be granted on payment of fees, specified in Part 2 of Schedule IV.Chapter IX
Powers Vested With Authorities
125. Power of officers to demand licence or pass
.-(1) Every person holding or acting under a licence granted under these rules shall, when called upon to do so by any authority specified in rule 128, produce it, or an authenticated copy of it, at such time and place as may be directed by such officer.126. Executive control over authorities
.-Every authority other than the Central Government acting under this Chapter shall be subject to the directions and control of the Central Government:Provided that nothing in this rule shall be deemed to affect the powers of executive control of the Chief Controller over the officers subordinate to him.127. Power of officers to prevent dangerous practices
.-(1) If in any matter which is not provided for by any express provision of, or condition of a licence granted under these rules and a Controller or District Magistrate finds any factory, magazine or place where an explosive is being manufactured, possessed or sold, or used or any part thereof, or anything or practice therein or connected therewith or with the handling or transport of explosives to be unnecessarily dangerous or defective so as, in his opinion, to tend to endanger the public safety or the bodily safety of any person, such Controller or District Magistrate may, by an order in writing, require the occupier of such factory magazine, store house or place or the owner of the explosive, to remedy the same within such time as may be specified in the order.128. Powers of search and seizure
.-(1) Any authority specified in column (1) of the Table below may within the jurisdiction specified in the corresponding entry in column (2) of that Table-(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.TABLE| Authority | Jurisdiction |
| The Chief Controller or Controller | All parts of India |
| All District Magistrates | Their respective jurisdiction |
| All Executive Magistrates subordinate to the District Magistrate | Their respective jurisdiction |
| All Commissioners of Police or Police Officers of rank not below that of a Sub-Inspector of Police | Their respective jurisdiction |
| The Director General of Mines of officers subordinate to him | Their respective jurisdiction |