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Explosive Act 1884 and Rules 2008: Nilesh Vetal

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Explosive Act

1884 and
Rules 2008

Nilesh Vetal
Explosive Act and Rules

An act and rules are to regulate the


manufacture, use, possession, sale, transport,
store, import and export of explosives.
"explosives" means gunpowder, nitrogycerine, nitroglycol, gun-
cotton, picric acid, di-nitro-toluenetri-nitro-toluene, di-nitor-phenol, tri-
nitor-resorcinol (styphnic act), cyclo-trimethylene-trinitramine, penta-
erythritol-tetranitrate, tetry1, nitorguanidine, lead azide, lead styphynate,
fulminate of mercury or any other metal, diazo-di-nitor-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; and includes fog-signals, fireworks, rockets,
detonators, cartridges, ammunition of all descriptions.
Section 5:-
Power to make rules as to licensing of
manufacture, possession, use sale, transport,
import and export of explosives is safely lies
with central government.

Section 6:-
Also the central government has power to
prohibit manufacture, possession or
importation of specially dangerous and export
of explosives
Section 6 D:-
Licensing authority of central Government is
competent to impose conditions, variations,
suspension and revocation of license.
Section 7 :-
Licensing authority of central government is
competent to enter, inspection and examine
place, aircraft, carriage or vessel in which an
explosive is being manufactured, possessed,
used, sold, transported, imported or exported
under a licence granted under this Act, or in
which he has reason to believe that an
explosive has been or is being manufactured,
possessed, used, sold, transported, imported
or exported in contravention of Explosive Act
or of the rules made under this Act
Section 8 :-
Notice of accidents - Whenever there occurs in or in
connection with, any place in which an explosive is
manufactured, possessed or used, or any aircraft,
carriage or vessel, either conveying an explosive or on or
from which an explosive is being loaded or unloaded,
any accident by explosion or by fire attended with loss
of human life or serious injury to person or property, or
of a description usually attended with such loss or injury,
the occupier of the place, or the master of the aircraft or
vessel, or the person in charge of the carriage, as the
case may be, shall within such time and in such manner
as may be by rule prescribed give notice thereof and of
the attendant loss of human life or personal injury, if any,
to the Chief Controller of Explosives and to the officer in
charge of the nearest police station.
Section 9 B :-
Punishment- For the violation of licensing rules and all
other aspects, imprisonment of three years, fine up to
Rs. 5000/- or both.

For illegal possesses, uses, sells or transports of


explosive shall be punishable with imprisonment for
two years or with fine which may three thousand rupees
or with both.
Rule 4 : Classification of explosives :-
For the purposes of these rules, the explosives shall be
classified in the manner specified in Schedule I.
Explosives are divided into 8 classes as follows :
Class 1 Gunpowder Class
Class 2 Nitrate-Mixture Class
Class 3 Nitro-Compound Class
Class 4 Chlorate-Mixture Class
Class 5 Fulminate Class
Class 6 Ammunition Class
Class 7 Fireworks Class
Class 8 Liquid Oxygen Explosives Class
Rule 5 : Safety distance categories of explosives
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.
Rule 9 : No licence needed in certain cases
(1) manufacture of explosive in small quantities in an
established laboratory for research and development
purpose with prior permission from CCoE
(2) manufacture, possession and sale of colour or star matches
with prior permission from CCoE,
(3) possession of fireworks not exceeding one hundred
kilogram for own use and not for sale
(4) possession by any person for his own private use and not
for sale of gunpowder not exceeding five kilograms
(5) possession of any explosive, which is not for sale and is
required solely for the navigation of aircraft,
Rule 18 : Precautions against danger from water,
heat or pollution
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.
Packages containing explosives shall not be allowed to
remain in the sun or exposed to excessive heat
Rule 19 : Special precautions against accident
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.
Every person possessing explosives and every person in
charge of or engaged in the import, export, manufacture,
sale, transport or handling of explosives shall at all times
comply with the provisions of these rules and the conditions of
the licence relating thereto and observe all due precautions for
the prevention of thefts or accidents by fire or explosion.
Rule 22 : Use of electrical equipment
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.

Rule 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.
Rule 27 : Submission of safety management
plan to District Magistrate
The applicant shall submit a copy of the safety management
plan to the District Magistrate.

Rule 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.
Rule 85 : 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.
(1) The fireworks shall be kept in a shed made of non-
flammable material, which is closed and secured so as to
prevent unauthorised persons having access thereto.
(2) The sheds for possession and sale of fireworks shall be at
a distance of at least three metres from each other and fifty
metres from any protected work.
(3) The sheds shall not face each other.
(4) No oil burning lamps, gas lamps or naked lights shall be
used in the shed. Electrical lights, if used, shall be fixed to the
wall or ceiling and shall not be suspended by flexible wire.
Switches for each shop shall be fixed rigidly to the wall and a
master switch shall be provided for each row of sheds.
(5) Display of fireworks shall not be allowed within fifty metres
of any shed.
(6) In one cluster not more than fifty shops shall be permitted.
Rule 131 : Notice of accident
(1)The notice of an accident required to be given within
twenty four hours of the happening of the accident by
telephone, telegram, E-mail, fax or in any other electronic mode
or by special messenger followed by a written report signed by
the occupier or authorised person to the same authorities
giving particulars of circumstances leading o accident, loss of
human life, injury to persons, damage to property, emergency
action taken etc, to the— (a) Chief Controller; (b) Controller in
whose jurisdiction accident has taken place; (c) District
Magistrate; and (d) Officer-in-charge of the nearest police
station.

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