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111. The Explosives Act, 1884 regulates manufacture, possession, use, sale, transport, import & 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.

112. 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.

(ii) that "the Department is not prepared in terms of manpower equipments and infrastructure for implementation of the standard which is based on measurement of noise level" (para-9 of Affidavit dated 1.4.2003)
(iii) that "the Department of Explosives is of the opinion that the noise level of firecrackers can be 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 authorized explosives appended to the Explosives Rules consequent upon amendment of the Explosives Rules."(para-15 of Affidavit dated 1.4.2003.)
(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 Explosive 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 licenses issued under the Explosives Rules 1983. The authorities empowered to enforce the Explosives Rules 1983 have been clearly defined under the said Rules.

165. Should the Environment (Protection) Rules, 1986, be amended in such a way that the firecrackers manufactured for export and use in other countries are exempted from the Indian noise standards?

166. Mr. Mariappan, the Secretary of The Tamil Nadu Fireworks and Amorces Manufactures' Association, had in his affidavit dated 8th February 2002, requested the Court to remove the restriction on manufacturing fireworks meant for exporting only and which are in excess of the sound levels prescribed for fireworks within the country. It is submitted, "the Indian Standards on noise of firecrackers do not have any relevance to firecrackers intended for export. But the order of the Hon'ble Supreme Court prohibits manufacture of firecrackers generating noise level exceeding 125 dB(AI) or 145 dB(C)pk at 4 meters distance from the point of bursting. There is a total restriction on the manufacture of fireworks and crackers without any discrimination being made between firecrackers that are manufactured for use in India and those for use in foreign countries. The trade having been globalised, Indian firecrackers have to necessarily comply with foreign standards if they are to enter into the international markets. The Department of Explosives is already having various provisions laid down under the Explosives Act, 1884 and the Explosives Rules, 1983, which govern the export of fireworks. Prior approval from the Department of Explosives is imperative for every export of fireworks. Therefore, the comprehensive position now imposed on firecrackers should be modified exempting firecrackers that are manufactured for use in foreign countries, from the purview of the Environment (Protection) Act 1986 and the Rules framed thereunder."