EXPLOSIVES ACT, 1884 & RULES, 1983.

BABJI CHOUDHARY

THE EXPLOSIVES ACT, 1884. [Amendments 1945,1950,1951,1978 ]

An Act to, regulate the manufacture, possession, use, sale, transport, import & export of explosives. 1884 Act was framed to prevent accidents, rather than to prevent crime- hence found in-adequate.

4.Definitions.
( d ) explosive means gunpowder, nitroglycerine, nitroglycol, gun-cotton, di-nitro- toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol ( styphnic acid), cyclo trimethylene - tri-nitramine, penta - erythritol-tetranitrate, tetryl, nitro - guanidine, lead azide, styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; & includes fog-signals, fire works, fuses, rockets, percussion caps, detonators, cartridges, ammunition, of all descriptions & every adaptation or preparation of an explosive as defined in this clause.

6-A. Prohibition of manufacture, possession, sale or transport of explosives by young persons & certain other persons.

(a) (i) ( ii )

( iii)
(iv) (1) (2)

no person, who has not completed the age of eighteen years, or who has been sentenced on conviction of any offence involving violence or who has been ordered to execute criminal procedure or whose license under this act has been cancelled manufacture, sell, transport, import or export of any explosive or possess any explosive.

THE EXPLOSIVES ACT, 1884.

5. 6-B. 6-C. 6-E. 8. 9. 9 B. Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import & export of explosives. Grant of Licenses. Refusal of licenses. Variation, suspension & revocation of licenses. Notice of accidents. Inquiry into accidents. Punishment of certain offences in contravention of rules made under Sec.5.

THE EXPLOSIVES RULES, 1983. 2. Definitions.

(7) detonator means a small tube of aluminum or copper or other materials approved by the CCE( a ) one end of which is closed & the other( i ) left open for the insertion of safety fuse for the purpose of initiating explosion within the tube; or ( ii ) fitted with wires or other device for that purpose & sealed.; ( b ) which is loaded with a charge of initiating explosives, the charge being so designed as to produce an explosion that would communicate to other tube similarly constructed & charged.

2.

Definitions.

( 7A ) District Authority means ( a ) in towns having a Commissioner of Police, the Commissioner or a Deputy Commissioner of Police; ( b ) in any other place, the District Magistrate. ( 13 ) magazine means a building specially constructed in accordance with a design approved by the CCE & intended for storage of more than 5 kg. of explosives.

2.

Definitions.

(16 ) protected works includes( a ) buildings in which persons dwells, work or assemble, college, school, hospital, theatre, cinema house, factory, place of storage of hazardous substances ( b ) any public road or railway line or navigable waterways or dams & reservoir ( c ) overhead trunk, high tension power lines but does not include footpath, cart tracks not in regular use, agricultural wells & pump sets connected therewith.

3.

Classification of explosives.

( 1 ) for the purpose of these rules explosives shall be classified in the manner specified in SCHEDULE I.

SCHEDULE I Classes of explosives : [ 8 ] classes.

Class 1 Class 2 Class 3 Class 4 Gun powder Nitrate-mixture Nitro-compound Chlorate-mixture

Class 5
Class 6 Class 7

Class 8

Fulminate Fireworks Ammunition Fireworks Liq. Oxygen Explosives

4.

Safety distance categories of explosives.

(1) [ four categories according to the risks ]

(i) Category X Category Y Those explosives which have a fire or slight explosion risk or both but the effect of which will be local. Those explosives which have a mass fire risk or moderate explosion risk but not the risk of mass explosion. Those explosives which have a mass explosion risk & major missile effect. Those explosives which have a mass explosion risk & minor missile effect.

(ii)

(iii) Category Z (iv) Category ZZ

GERERAL PROVISIONS.

No person shall import, export, transport, manufacture, posses, use or sell any explosive which is not an authorised explosive

6. Procedure for authorization of explosives ( 1 ) any person desirous of including an explosive in the list of authorized explosive shall apply by submitting an application to CCE. ( 2 ) Application shall be submitted with particulars as given in the rule.

7. Restriction on delivery & dispatch of explosives.

( 1 ) No person shall deliver or dispatch any explosive to any one other than a person who( a ) is the holder of a license to possess the explosives or the agent of a holder of such a license ( b ) is entitled under these rules to possess the explosives without a license.

8.

Packing of explosives.

( 1 ) No person shall import, 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 ) a sample of container or package for each explosive has been tested & approved by the CCE. ( c ) the container or package is marked in accordance with rule 9 of these rules.

9.Marking of packages.
(1) The outer package shall be marked in conspicuous indelible characters, by means of a stamping, embossing or painting with( a ) the word Explosives; ( b ) the name of authorized explosive; ( c ) the number of the class & the division to which it belongs; ( d ) the safety distance category of explosive; ( e ) the name of the manufacturer; ( f ) the name of the consignor & consignee & ( g ) the net weight of explosives.

11. Competent person to be in-charge of operations.

Every person holding or acting under a license granted under these rules shall, whenever explosives are loaded, unloaded or handled, depute a competent person experienced in the handling of explosives to be present at & to conduct the operations.

Precautions to be obs. in handling explosives.

1. The floor/carriage/vessel in which expl. Is laid or ground/gangway/decks/places over which expl. Is conveyed during loading and unloading shall be - Carefully examined to see that there is no contravention of these rules and there is no danger to safety of consignment - Thoroughly cleaned and swept before and after use 2. The packing of explosive is not dropped , rolled or pulled on ground/floor, but carefully deposited and stored 3. Handling of explosive once commenced will not have unnecessary stoppages.

4. Restriction on handling of explosives after sunset. 5. Prohibition of smoking, fires, lights & dangerous substances. 6. Split explosive to be destroyed. 7. Employment of children, intoxicated persons & certain other persons. ( who has not completed the age of 18 years, who are of unsound mind ) 8. Precautions against danger from water or exposure to sun or heat. 9. Restriction on transport of certain types of explosives. ( No person shall transport without approval of CCE : Nitro-glycerin or Ethylene glycol dinitrate or any explosives of class 5 ).

Transport by road
No person shall transport explosive within limits of municipality of cantonment where roads are prohibited for vehicles carrying explosive. No person shall transport explosive in road van or compressor mounted motor truck/tractor unless such vehicles is licensed under these rules to carry explosives. No explosive shall be transported by any carriage which is not a road van or compressor mounted motor truck/tractor

 No explosives should be transported between sunset and sunrise The explosives are accompanied at least by two body guards A red flag must be displayed in each car

The package containing expl. must be covered by tarpaulin and secured

No person shall transport explosives in any towed vehicle or tow any vehicle transporting expl. No other goods shall be carried with explosives in any vehicle.

TRANSPORT - GENERAL. 32. License for transport & issue of passes.

(1) No person shall transport explosives except under & accordance with the conditions of a license granted under these rules.

Provided that nothing in this sub-rule shall apply to(i) the transport of any explosives within the licensed factory ( ii ) the transport of any explosives imported under a license in FORM 27 ( license to import explosives otherwise than by land )from the place of import to the place of destination.

32. License for transport & issue of passes.

( iii ) the transport of any explosives for the possession of which no license is necessary ( rule 114 ). ( iv ) the transport by the holder of a license in FORM 23 ( license to possess explosives for own use ) of any of the explosives covered by his license in such quantity as he may require for his private use. (v) the transport of safety fuse & fire works provided the same are not transported with any corrosive or flammable material.

32. License for transport & issue of passes.

(2) Every consignment of explosives transported under license shall be accompanied by a pass issued by the consigner in FORM 16 [ pass granted by the holder of transport license ( explosives ) for transport of a consignment of explosives.] such pass shall be attached to weigh-bill, invoice or dispatch

(3)

32. License for transport & issue of passes.

(4) a copy of every pass issued shall be sent by the consigner to (i) ( ii ) the licensing authority who issued the license for transportation of explosives. the Controller of explosives in whose jurisdiction the place from which consignment is sent is situated.

( iii ) the controller of explosives in whose jurisdiction the place to which consignment is sent is situated.

33.Restrictions on transportation of different explosives in the same carriage.

Any explosives of 5th ( Fulminate ) class or detonator or any other explosives of 6th ( Ammunition ) class containing its own means of ignition or initiation, or an explosive of 7th ( Fireworks ) class shall not be transported in the same carriage .

34. Certificate of safety.

(1) Before transporting an explosive of 3rd ( Nitro-compound ) class or of the 4th ( Chlorate mixture ) class the consigner shall attach to the consignment a valid certificate in FORM 1 or certified copy thereof granted by testing officer. The certificate shall be valid for a period of 12 months from the date on which it was granted.

(2)

MANUFACTURE OF EXPLOSIVES.

87. License for manufacture.

( 1 ) No person shall manufacture any explosive at any place except in a factory or premises licensed . ( 2 ) The licensse shall be responsible for all operations in connection with manufacture of explosives which may be conducted in the licensed premises.

88. No license needed for manufacture in certain cases.

No license to manufacture shall be necessary for manufacture 1. at a Govt. or industrial laboratory or 2. a laboratory of an educational institution & under the supervision of a qualified person or 3. a quantity of explosive not exceeding an amount reasonably necessary for the purpose of chemical experiment & test &not intended for practical use or sale.

89. Approval of manufacturing process.

( 1 ) No new explosive after its inclusion in the list of authorized explosives shall be manufactured unless the process of manufacture is approved by the licensing authority & his permission obtained in writing.

93. Provisions of mounds.

Every building used for production, handling, storage, testing of explosives in licensed factory unless otherwise exempted by the licensing authority shall be surrounded by a substantial mound which shall be of a type & design approved by CCE. Provided that the licensing authority may allow blast walls in place of substantial mound.

98. Protection against lightning.

(1) Every process building shall have attached there to one or more efficient lightning conductors designed & erected in accordance with the specification laid down in IS : 230 The connections to various parts & earth resistance of the lightning conductor terminal on the building to the earth shall be tested at least once in every year by a certified electrical engineer or any other competent person holding a certificate of competency in this behalf from State Electricity Department. The results of such test & the date of last test shall be hung up in a Conspicuous place in the process building.

( 2)

99. Suspension of work during thunderstorms.

Whenever a thunderstorm appears to be imminent in the vicinity of the process building every person engaged in or about the building shall be withdrawn to safe distance & the building shall be kept closed & locked until thunderstorm has ceased.

109. Disposal of waste explosives.

( 1 ) The laboratories, process buildings & machineries therein shall be swept & cleaned at the end of each shift or earlier if necessary, & the sweepings shall be properly collected & stored in a safe place till finally disposed of by the method approved by the licensing authority. ( 2 ) Adequate facilities for safe destruction under the supervision of a competent person & at a place approved by the licensing authority in the licensed premises shall be provided by the licensee for the materials collected under sub-rule (1).

LICENSES.
154. Application for License.
Form 1 Test certificate for explosives.

Form 3
Form 4

Application for grant or amendment of license to manufacture explosives.

Application for grant or amendment of license to possess & sell explosives.

Form 6
Form 7

Application for grant of license to possess explosives for own use.

Application for grant of license for a road van for transport of explosives.

Form 8
Form 9

Application for grant or amendment of license to transport explosives.

Application for shot firers permit.

Form 10 Application for grant of a license to import explosives.

LICENSES.
154. Application for License.
Form 11 Application for grant of a license to export explosives Form 12 Application for grant of a license for public display of fireworks Form 13 Application for renewal of license

Form 20 License to manufacture Explosives.

Form 21 License to possess & sell explosives. Form 22 License to possess explosives for use Form 23 License to possess explosives for own use Form 25 License for road van.

Form 26 License to transport explosives

Form 29 License to possess & use public display fireworks.

Accident to vehicle
1. In case of accident ,fire or any other occurance the driver/authorised person shall Comply with reqt. Of law relating to road accident. Inform nearest police station Inform the licensee who shall ..

Inform chief controller/juridiction controller about details of explosive carried and accident Arrange for safe storage and custody of explosive till examined by controller and arrange for transportation to destination desired by controller

2. In case of break down of road van/ driver/ authorised person shall - Make or permit major repairs if can be done without hazards - Prevent major repairs if possible untill the explosives are transferred to another van or are stored under proper security at safe distance 300mtrs. away from inhabited premises - Inform to licensee who shall in turn inform chief controller about the broken vehicle giving full detail of explosives and the cicumstances attending the breakdown