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105. The Explosives Act, 1884 regulates manufacture, possession, use, sale, transport, import and export of explosives. Firecrackers are governed by this Statute. Rule 87 of the Explosives Rule, 1983 prohibits manufacture of any explosive at any place, except in factory or premises licensed under the Rules.

106. In India there is no separate Act that regulates the manufacture, possession, use, sale, manufacture and transactions in firecrackers. All this is regulated by the Explosives Act, 1884. The noise that is produced by these fireworks is regulated by the Environmental Protection Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000. VII. Judicial opinion in India

(iii) that “the Department of Explosives is of the opinion that the noise level of firecrackers can be http://www.judis.nic.in efficiently controlled by specifying the size, shape, composition and quantity of chemicals in the fireworks, which are the prime factors that determine the noise level which entails a lot of R&D work. The maximum permissible size of firecrackers and the maximum possible weight of the chemicals for each variety would be mentioned in the list of authorised explosives appended to the Explosives Rules consequent upon amendment of the Explosives Rules.” (para 15 of the affidavit dated 1-4-2003.)

(3) That it is impractical owing to the shortage of infrastructure available with the Department of Explosives. The licensing for the manufacture of firecrackers shall be as per the Explosives Act, 1884.

The power of the District Magistrate for issuing licences is to be retained as per the Rules.

(4) That the matter is now open and the manufacturers are at liberty to manufacture, develop, promote and sell only those fireworks, which comply with the noise-limits prescribed under the Environment (Protection) Rules, 1986 and the Explosives Rules, 1983.

(5) That the Department of Explosives had already made mandatory for the manufacturers of fireworks to mention the noise levels in decibel units on firecrackers. The manufacturers are also required to declare on the packing of the boxes that the noise levels conform to the standards prescribed under the Environment (Protection) Rules, 1986. The Department had already included the prescribed noise-limits for firecrackers as additional conditions of licences issued http://www.judis.nic.in under the Explosives Rules, 1983. The authorities empowered to enforce the Explosives Rules, 1983 have been clearly defined under the said Rules. Desirability of fixing chemical composition for the firecrackers