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EXPLOSIVES ACT AND RULES

Typical explosives
Gunpowder
Nitrogycerine
Nitroglycol
Di-nitro-toluene, trinitro –toluene
Picric acid
cyclo-trimethylene-trinitramine
Lead azide, lead styphynate
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, fuses, rockets, percussion caps, detonators,
cartridges, ammunition of all descriptions and every adaptation or preparation of
an explosive as defined in the clause

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DEPARTMENT OF EXPLOSIVES
Headquarter at Nagpur is the nodal agency to look after safety
requirements of the Explosives and Petroleum Sectors.
Department of Explosives is headed by Chief Controller of
Explosives.
It has 5 circle Offices at Kolkata, Agra, Faridabad, Mumbai
and Chennai and 18 Sub-circle offices at various places in the
country.
The Department also has a Testing Station at Gondkhery,
Nagpur.
With the overall objective of ensuring safety and security of
public and property from fire and explosive, the Department as
a statutory authority is entrusted with the administration of
Explosives Act, 1884, Petroleum Act, 1934, Inflammable
substances Act, 1952.

The following rules framed thereunder:-


Explosives Act, 1884
Explosive Rules, 1983
Gas Cylinders Rules, 1981
SMPV (Unfired) Rules, 1981.
Notification No. GSR 625(E) dated 07.08.1983
regarding Acetylene.
Petroleum Act, 1934
Petroleum rules, 2002.
Calcium Carbide rules, 1987.
Cinematograph Film rules, 1948

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Major activities and functions
 To approve layout and construction plans/ licensing for
explosives manufacturing units and other installations within the
purview of rules administered by it.
 To control and monitor the sale and transaction of explosives
through out the country.
 To advise Port, Airport and Railway authorities in respect of
transportation of explosives and other dangerous substances.
 To impart training to police personnel, security and other
officers in detection and safe handling of explosives.
The Department also acts as an advisory body not only to the
Industry but also to the government land Government bodies like
Ports, Railways, Surface Transport, Environment and PCB and
Defence Establishments.

SMS means Site Mixed Slurry Explosive.


The non-explosive matrix is manufactured in a
support plant located in proximity to the mines
where the explosive is used. From the support
plant, the non-explosive matrix is pumped into
BMD vehicle (Bulk Mix Dispenser) for making
explosive by adding gassing agent and delivery to
boreholes.

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EXPLOSIVES ACT, 1884

To regulate the manufacture, possession, use, sale, transport,


import and export of explosives.
SECTION 5 - Powers to make rules to licensing of
SECTION 6 - Power of Central Govt. to prohibit the
manufacture, possession or importation of specially
dangerous explosives.
SECTION 6A - Prohibition of manufacture etc. of explosives
by young and other persons.
Person not completed 18-years of age or
Any convicted person for not less than 6 months during
the period of five years.

SECTION 6B - Grant of license


Procedure for grant of license given.
SECTION 6C - Refusal of license
Conditions under which grant of license can be refused.
SECTION 6D
Licensing authority competent to impose conditions in
addition to the prescribed conditions.
Additional conditions as necessary may be introduced for
particular case.
SECTION 6E
Variation, suspension, revocation of license.
Licensing authority has powers to do these.

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SECTION 6F - Appeals
Terms for appeal against order of the Licensing authority
given.
SECTION 7
Power to make rules conferring powers of inspection,
search, seizure, detention and removal.
SECTION 8 Notice of accidents
Accident caused by an explosive or any accident caused
by an explosive or fire attended with loss of human life or
serious injury to life or property or of a description attended
with such loss or injury has to be reported to the Chief
Controller of Explosives by the occupier of the place,
master of the aircraft etc.

SECTION 9- Inquiry in to accidents


In case of accident under no-military conditions inquiry
to be held by the District Magistrate for fatal accident and by
Magistrate subordinate to him in case of injury or loss of
property.

SECTION 9A -Inquiry into more serious accidents


Central Govt. may appoint the “Chief Controller of
Explosives” for inquiry.

SECTION 9B- Punishment for certain offences


Types of offences and the corresponding punishments given

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SECTION 9C- Offences by companies
Person in charge or responsible shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and
punished accordingly.
SECTION 10 - Forfeiture of explosives
When a person is convicted, the court hearing the case
may direct the explosive or the substance in respect of which
conviction has been made to be forfeited.
SECTION 11 - Distress of aircraft or vessel
Where the owner or master of an aircraft or vessel is
ordered to pay fine for any offence committed under this Act or
rules there under, the Court may order recovery of the fines by
distress and sale of complete aircraft / vessel or the furniture
etc.

SECTION 12 - Abatement and attempts


Any abatement or attempt to commit any offence under
this Act or the rules there under is liable to be punished as if
the offence has been committed.
SECTION 13
Powers to arrest persons committing dangerous offences
Any person found committing an offence which tends to
cause an explosive or fire may be apprehended without
warrant.
SECTION 14
Saving and power to exempt
The Act and rules there under do not apply to Armed Forces
of the Union and Ordinance Factories or other establishment
of such forces.

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SECTION 15-Saving of Indian Arms Act, 1888
Nothing in this Act to affect the Indian Arms Act, 1888.
SECTION 16 - Saving as to liability under other law :
The Act shall not prevent any person being convicted
under other law for the same offence or higher punishment or
penalty than provided in this Act.
SECTION 17 - Extension of the definition of “explosive” to
other explosive substances.
SECTION 17A - Power to delegate
Powers under this Act be delegated to any officer or authority of
the Central Govt. or State Govt. or such officer or authority of the
State Govt.
SECTION 18. Procedure for making, publication and
confirmation of rules. -

"explosives" means gunpowder, nitrogycerine, nitroglycol,


gun-cotton, di-nitro-toluenetrinitro -toluene, picric acid, 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, fuses, rockets, percussion
caps, detonators, cartridges, ammunition of all descriptions
and every adaptation or preparation of an explosive as
defined in the clause

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Explosive Rules, 1983
Explosives Rules deal with condensed explosives like high
explosives (dynamite, detonators etc.) fireworks, low explosives
(safety fuse etc.). Have 10 chapters & 8 schedules.
The type of explosives have been categorized as category X,Y,
Z, and ZZ and for various purposes, either licence or approval is
required.
Objective of the Explosives Rules: The Explosives
Rules,1983 were framed to regulate the manufacture,
possession, sale, use, transportation, importation etc. of
condensed explosives.
Approval is required for manufacture of portable Magazine,
Explosives Carrying Boxes, Authorisation of Explosives, Issue
of Foreman Certificate, Acetylene Generator and BMD system.

Authorised explosives:
“ANFO” - explosives mixture of ammonium nitrate and fuel oil.
“Black” means gun powder containing potassium nitrate ,
sulphur and charcoal.
“Chinese Cracker” having paper shells of size not exceeding
75 mm in length and 15 mm in diameter containing gunpowder,
nitrate mixture or white powder mixture or an explosive
composition approved by the Chief Controller.
Crackers commonly known as “Atom Bombs” made with
gunpowder nitrate mixture or an explosive composition (white
powder) approved by the Chief Controller, wrapped up in a
paper and tied round with string the whole not exceeding 25
grams in weight, 40 mm in length and 20 mm in diameter.

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Detonator means a small tube of aluminium or copper or other
materials approved by the Chief Controller-
a) One end of which is closed and the other
– (i) Left open of 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 and
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 and charged;
Fireworks means 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, quick fuses.

Liquid Oxygen Explosives (LOX) means an absorbent


carbonaceous material such as wood pulp, carbon black, metal
powder, coal dust etc. impregnated with liquid air or liquid oxygen
with or without the addition of other substances.
Magazine means a building specially constructed in accordance
with a design approved by the Chief Controller and intended for
storage of more than 5 kg of explosives.
Protected works includes –
(a) Buildings in which persons dwell, 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 and reservoirs;
(c) Overhead trunk high-tension power lines; but does not
include footpath, cart tracks not in regular use, agricultural wells
and pump sets connected there.

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Rocket of size not exceeding 76 mm in length and 25.4 mm in
diameter provided it is not a metal case and fitted wooden stick
containing gun powder as propellant.

Safety cartridge means a cartridge for small arms having a


diameter not exceeding 2.5 cm the case of which can be
extracted for the small-arms after firing and which is so closed
as to prevent any explosion in one cartridge being
communicated to other cartridges.

Safety fuse means a fuse for igniting charges of other


explosives which burn and does not explode and which does
not contain its own means of ignition, and which is of such
strength and construction and contains an explosives in such
quantity that the burning of such fuse would not communicate
laterally with other like fuse.

Sparklers (including Electric Sparklers) each consisting of


wire having affixed thereto a mixture of nitrate of barium,
aluminium powder, magnesium powder, iron filings, dextrin
and gum, the total weight of composition so fixed to each such
wire not to exceed 22 grams provided that such sparklers
shall be so constructed as.
not to allow any hot residue to become detached either during,
or after combustion.
Store house means a building other than a magazine for
storage of certain types of explosives Example:- fireworks,
sparklers, safety fuse. Refer: -Specification no. 7 of Schedule
VII .
White powder mixture means an explosives mixture of
barium nitrate, potassium nitrate, sulphur, aluminium powder
or aluminium chips, alloy chips etc.

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SCHEDULE – I : CLASSES OF EXPLOSIVES
Class 1 - Gunpowder
Class 2 - Nitrate-mixture
Class 3 - Nitro-compound (Div1, Div2)
Class 4 - Chlorate-mixture (Div1, Div2)
Class 5 - Fulminate (Div1, Div2)
Class 6 - Ammunition ( 3 Divisions)
Class 7 - Fireworks – 4 divisions
Class 8 - Liquid Oxygen Explosives

Explosives Rules 1983 is not applicable for Defence,


Railways and Para Military Forces.

Categorisation of Explosives
(According to the risk which they present)
X: a fire or slight explosion risk or both local effect.
e.g.: fireworks, sparklers.
Y: Mass fire risk or a moderate explosion risk but not the risk of
mass explosion.
e.g.: igniter cord, safety electric fuses, safety fuse, fuse head
etc.
Z: Mass explosion risk and major missile effect.
e.g., explosives of service origin like hand granade
ZZ: Mass explosion risk and minor missile effect
e.g.: High explosives, aquablast, apex gel, godyne,
gelatine-90%, detonator, detonating fuse etc.
Decision of Chief Controller of Explosives is final.

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LICENSING UNDER EXPLOSIVE RULES, 1983

Under the Explosives Rules, 1983, different types of licences


are granted for different purposes.
 Purposes for different type of licences
 Detailed procedure as to what to submit
 how to prepare the documents
 how to fill up the forms
 how to construct the premises
 what the Department of Explosives checks and scrutinizes
 what are the various stages for grant of license etc. have
been mentioned in the appropriate purpose/ forms of licenses
under the Explosives Rules, 1983.

Manufacture of Explosive
Export of Explosives
Possession & Use of Explosives
Display of Fire Works
Possession & Sales of Explosives
Shot Firer's Permit
Explosives Van
Special Form Licences
Transport of Explosives
SMS
Import of Explosives

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Form of License Purpose for which granted
Form 20 To manufacture explosives -
fireworks and/or gunpowder
Form 21 / 22 To possess explosives
Form 23 Possess for own use
Form 24 To posses and sell
Form 25 For road van
Form 26 To transport explosives
Form 27 To import explosives
Form 28 To export explosives
Form 29 For public display of Fireworks.

Regarding layout plan


The layout of the premises should show the plan view of the
shops

The layout plan must show the dimensions of the shop.

Regarding sectional/elevation view

The drawing should show the sectional view of the fire


works shop both cross-sectional and the longitudinal view.
The sectional view of the shop must show the height and
constructional and other details must also be incorporated in
the drawing. The height of the shop should be at least 10 feet

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Note:
a. The fire works shop shall be made of brick, stone or concrete
building which is closed and secured so as to prevent
unauthorized person from having access thereto.

b. The shop shall have a floor area of minimum nine square feet.

c. The premises shall have independent entrance and exit.

d. If the premises are situated in a building used for other


purposes also, such premises shall not be situated under a
staircase and shall be so located as not to be obstruct any
passage in from or to the building in case of fire or accident.

e. The shop shall be situated at ground level.

Noting to be depicted in the drawing :


The drawing must indicate Khasra/Survey/ Kila No./Shop No. and
full address of the situation of the premises.
1.The electrical fitting properly concealed or of fixed type.
2.Adequate fire fighting facilities like fire-extinguishers, water
buckets, sand buckets shall be provided at the premises.
3.No fire works shall be stored in the close vicinity of electric
switches.
4.Wooden shelves or iron shelves (painted properly) shall be
provided for stacking fire works shop.
5.The electric switched must preferably be out side the fire works
shops and if the switches are inside, it should be provided at the
front part of the shop and should be installed within a metal box
with metal cover. The electrical line should preferably be tested
and repaired so as to maintain it in proper condition.

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6.Bengal matches and other safety matches should not be stored
inside the fire works shop.
7.Amorces should be stored separately.
8.Fire works shall be kept in original boxes on the shelves and no
loose fire works shall be displayed at the front part of the shops.
9.The front part of the shop should not be extended illegally
beyond the NOC area.
10.The door of the shop be made of wood opening outside and if
rolling shutter is provided, proper stopper at a height shall be
provided to prevent the shutter from falling down accidentally.
11.No prohibited/un-authorized fire works should be stored within
the shop. Only authorized manufactured fire works not exceeding
the noise level of decibel as fixed by PCB should be stored.
12.No other article(s) should be stored or sold along with fireworks
from the shop.

CHAPTER-II
Deals with the general provisions w.r.t procedure for
Prohibition of unauthorised explosives (R-5)
authorisation of explosives (R- 6),
Restriction on delivery and despatch of explosives (R- 7),
packing of explosives (R- 8),
Marking of packages (R – 9)
Precautions to be observed while handling explosives ( R-12)
Prohibition of smoking, fires, lights and dangerous substances
(R- 14), Prohibition of matches (R-15)
Employment of children, intoxicated persons and others (R-17)
Precautions against danger from water / expo. To sun or heat
prohibiting sensitive explosive chemicals (R- 20).

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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 the container or package for each explosive
has been tested and approved by the Chief Controller.
(c) the container or package is marked in accordance with
Rule 9 of these rules:Provided that nothing in this rule shall
apply to explosives in the process of manufacture.
(2) An explosive which is not an authorised explosive but
which is required to be transported for purposes of test in
connection therewith shall be packed in such manner as may
be directed by the Chief Controller with reference to such
explosive.

9. Marking of packages –
(1) 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 of the class and 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 and consignee; and
(g) the net weight of explosives:
Provided that in the case of safety fuse or fireworks, the word
“Explosives” and the number of Class and Division may be
omitted.

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(2) In the case of explosive used for charging for blasting viz.
explosives of Class 2 or such other explosives of Class 3
Division I or such other explosives of Class 4 which contain
liquid nitro-compound explosive, the date of manufacture and
batch number shall be added.
(3) In the case of explosives of Class 2 and Class 3,
each of the cartridges containing explosives shall be printed or
embossed legibly on it with –
(a) the word “EXPLOSIVES”.
(b) the name of explosives;
(c) weight of explosive;
(d) diameter of the cartridge;
(e) name of manufacturer; and
(f) in case of permitted explosive, the letter ‘P’.

9. Marking of packages –
(4) In the case of fireworks, a caution or warning
indicating the method of firing and precautions to be
taken shall be printed on each piece of fireworks and
where adequate space is not available on the fireworks,
such caution or warning may be printed on a separate
label and inserted in the smallest packet or carton.

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19. Special precautions against accident and the
exclusion of unauthorised persons –
(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:
Provided that nothing in this sub-rule shall apply to
any act which is necessary for the purpose of the
manufacture, storage or handliong during transport of any
explosive or any article present therein.

(2) 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 –
(a) comply with provisions of these rules and the
conditions of any licence relating thereto;
(b) observe all due precautions for the prevention of
thefts and of accidents by fire or explosion;
(c) prevent unauthoised person from having access to
the explosives;
(d) prevent any other person from committing any such
act as is prohibited under sub-rule (1)

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CHAPTER – III

Describes the import and export of explosives by sea as well


as by land (R- 22 & 30)

Scope of transportation of explosives by air is given (R – 31).

CHAPTER – IV

Describes the transportation of explosives by water, by rail


and by road.
CHAPTER – V

Deals with the manufacture of explosives (R-89), fencing for


the factory (R- 90), provision of mounds for the building (R-
93) and disposal of waste explosives (R- 109).

CHAPTER – VI

Deals with the specification for the construction of magazines,


permanent and portable. Also describes the explosives which
do not require license.

No licence is needed for possession and sale in certain cases:

a) of any explosives by a carrier or other person for the


purpose of transportation, when the same is being kept or
transported in accordance with the provisions of Chapter IV
regulating transportation of such explosives; or

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No licence is needed for possession and sale in certain
cases:
b) By any person of manufactured fireworks in any quantity
not exceeding 25 Kg provided that the fireworks-
i) are obtained and intended by such person for
immediate use and not for sale and are possessed by him
for a period not exceeding 14 days and
ii) are kept in a substantial receptable which is
exclusively appropriated to the keeping of explosives and is
enclosed and secured so as to prevent unauthorised
persons from having access to the explosives; or

No licence is needed for possession and sale in certain cases:


c) by any person for his own private use and not for sale of gun
powder not exceeding 5kg., in any state, other than Bihar,
Kerala and West Bengal and small arm nitro compound not
exceeding 5 kg except in the state of Kerala or 50 metres of
safety fuses for blasting or of soaked liquid oxygen explosives
in blast holes.
The same chapter (6) also deals with minimum safety distance
required for the storage of fireworks, procedure for obtaining
shot firer’s permit and the safety aspects of the explosives while
handling and using (R – 147 & 148)

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CHAPTER – VII
Deals with licenses required for the manufacture, storage,
transport, export, import and use of explosives (R – 154 to
172).
CHAPTER – VIII
Deals with the licence fees to be paid by the applicant for
obtaining the licences and renewal of licences
CHAPTER –IX
Indicates the powers of Officers regarding the search and
seizure of explosives.
CHAPTER – X
Deals with the procedure to be adopted for enquiry of
accidents

Sch. 2 : Details of packing of explosives


Sch. 3: Method of testing of explosives of Class 3 and Class 4
Sch.4 : Authority empowered to grant the licence (CC / C / DA)
Sch.5 : Forms to be used by the applicant for obtaining the
licences and the Forms to issue the licences.
Sch.6 : Specification of magazines
Sch. 7: Deals with specifications
Spcn.1: Road van for carriage of explosives only
2: Motor truck with compressor unit
3,4 & 5: Metal cases for conveyance of explosives
6: Magazines
7: Storehouse
Sch. 8 : Safety distances required for the manufacture and
storage of explosives.

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Safety in manufacture of explosives
1. Static electricity
2. Fire hazard
3. Nitrous fumes
4. Explosion hazard
5. Process safety
6. Material handling
7. Repairs / preventive maintenance of plant and machinery
8. Disposal of waste explosives
9. Housekeeping
10. Safety training programme

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