164 THE GAZETTE OF INDIA : EXTRAORDINARY [P …

1 164 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)]MINISTRY OF COMMERCE AND INDUSTRY(Department of Industrial Policy and Promotion)NOTIFICATIONNew Delhi, the 29th December, 907(E). Whereas the Draft of ExplosivesRules, 2006 were published, as required by sub-section (1)of Section 18 of Explosive Act, 1884 (4 of 1884) videnotification of the Government of INDIA in the Ministry ofCommerce & Industry (Department of Industrial Policy &Promotion) number 226, dated 6th day of September,2006 in the GAZETTE of INDIA , Part II, Section 3, Sub-section(i) inviting objections and suggestions from all personslikely to be affected thereby, before the expiry of a periodof forty five days from the date on which the copies of theGazette containing the said notification were made availableto the public;And, whereas, copies of the said GAZETTE were madeavailable to the public on 6th day of November, 2006.

2 And, whereas, objections and suggestions werereceived from the public on the said draft rules, have beenduly considered by the Central Government;Now, therefore, in exercise of powers conferred bySections 5 and 7 of the Explosives Act, 1884 (4 of 1884)and in supersession of the Explosives Rules, 1983, exceptas respect of things done or omitted to be done beforesuch supersession, the Central Government hereby makesfollowing rules, namely : THE EXPLOSIVES RULES, 2008 Chapter IPreliminary1. Short title and commencement. (1) These rulesmay be called the Explosives Rules, 2008.(2) They shall come into force on the date of theirpublication in the Official Definitions. (1) In these rules, unless the contextotherwise requires, (2) Act means the Explosives Act, 1884 (4 of 1884);(3) adirvettu or kadina means sound producingdevice made of iron tube having strong base with a hole atthe side close to the bottom, which is filled with gunpowderand fired by means of trail of dry loose gunpowder andapproved by the Chief Controller of Explosives;(4) Ammonium Nitrate Fuel Oil Explosive(ANFO)" means an explosive mixture of ammonium nitrateand fuel oil which is not cap sensitive, but does not includeemulsion or slurry explosive or site mixed explosive (SME).

3 (5) authorised explosive means an explosiveincluded in the list of authorised explosives referred to inrule 6 and published by the Central Government from timeto time in the Official GAZETTE ;(6) Bulk Mix Delivery (BMD) Vehicle means avehicle that transports non-explosive materials in bulk, formixing to form non-cap sensitive explosives and for loadingdirectly into boreholes;(7) cap sensitive means an explosive whichexplodes on initiation by a detonator of minimum strength;(8) carrying box means metal case or box speciallymanufactured for carrying limited quantity of blastingexplosives and initiating explosives;(9) Chief Controller means the Chief Controllerof Explosives;(10) Compatibility Group shall have the meaningassigned to it in United Nations Economic and SocialCouncil's Committee of Experts on transport of dangerousgoods resolution number 645 G (XXIII), dated 26-04-1957and further resolution number 1995/5, dated 10-07-1995;(11) competent person means a person recognisedby the Chief Controller who is adequately experienced andwell conversant in safe manufacture, storage,transportation, handling, as the case may be of explosive.

4 (12) compressor mounted motor truck or tractor means a compressor mounted on mechanically propelledmotor truck or tractor duly licensed for transport ofexplosives to blasting site for use in well sinking, the designof which is approved by the Chief Controller;(13) Conservator includes any person actingunder the authority of the officer or body of personsappointed to be conservator of a port under Section 7 ofthe Indian Ports Act, 1908 (15 of 1908);(14) Controller includes Joint Chief Controller ofExplosives, Deputy Chief Controller of Explosives,Controller of Explosives and Deputy Controller ofExplosives;(15) deflagration means an explosive reactionsuch as a rapid combustion that moves through anexplosives material at a velocity less than the speed ofsound in that material;(16) Departmental Testing Station means thetesting station of the Petroleum and Explosives SafetyOrganisation;(17) detonating fuse means a cord containing acentre-core of high explosive authorised by the ChiefController which is used for initiating high explosivescharges and to transmit explosion from one explosivecharge to another.

5 (18) detonator means a tubular device (a) one end of which is closed and the other (i) left open for the insertion of safety fusefor the purpose of initiating explosionwithin the tube; or(ii)fitted with wires or other device for thatpurpose and sealed; Hkkx II [ 3(i) Hkkjr dk jkti=k % (b) which is loaded with a charge of initiatingexplosives, the charge being so designed asto produce an explosion that wouldcommunicate to the other tube similarlyconstructed and charged or other explosivecharge and includes cord relay connector;(19) display fireworks means a group ofauthorised manufactured fireworks assembled at site, solelyfor the purpose of display;(20) emulsion explosive means an explosivematerial in the form of emulsion, containing substantialamount of oxidizer dissolved in water droplets surroundedby an immiscible fuel;(21) explosive actuated device means any tool orspecial mechanised device or gas generator system whichis actuated by a small charge of explosive or which releasesand directs work through the explosive charge;(22) explosive limit means the maximum quantityof explosives permitted by the licensing authority to bestored or processed in a particular premises;(23) explosives van means a mechanicallypropelled vehicle for transport of explosives by land andincludes a road van.]

6 (24) fireworks means low hazard explosivecomprising of any composition or device manufacturedwith a view to produce coloured fire or flame, light effect,sound effect, smoke effect (coloured or natural), orcombination of such effects and includes fog-signals,fuses, rockets, shells, percussion caps;(25) fireworks composition means any chemicalcompound or mechanically mixed preparation of anexplosive or inflammable substance that is used for thepurpose of making manufactured fireworks and is notincluded in any other class of explosives, and includes anystar or coloured fire composition;(26) foreman's certificate means certificate ofcompetence issued by the Controller to a person who isconversant with the process of manufacturing fireworks orsafety fuse, as the case may be, and associated hazards forthe purpose of supervision of such activities by him;(27) Form means a Form specified in Schedulesannexed to these rules;(28) gunpowder means gunpowder ordinarily socalled and is an explosive containing a mixture of a inorganicnitrate, charcoal and sulphur;(29) high explosive means explosive which ischaracterised by a very high rate of reaction, developmentof high pressure, and presence detonation wave, but doesnot include fireworks and safety fuse.

7 (30) licensing authority means authorityempowered to issue licence or certificate or permit specifiedin Part 1 of Schedule IV;(31) magazine means a building or structure (otherthan an explosives manufacturing building) intended forstorage of explosives, specially constructed in accordancewith the specification provided under these rules or of adesign and approved by the Chief Controller;(32) manufactured fireworks means low hazardexplosive contrivance containing explosive or combinationof different classes, namely, Class 1 or Class 2 or Class 3 orClass 4 or Class 6 given in Part 1 of Schedule I of these rulesor any explosives that come under Division 2 or Division 3or Division 4 under Class 7 given under the said Part;(33) man-limit means the maximum number ofindividuals permitted by the licensing authority to workinside a particular premises for manufacture or processingof explosives;(34) marking or detection agent is a substancewhich is introduced into the plastic explosives in a certainminimum quantity for the purpose of detection by meansof vapour detection technique;(35) micro cord fuse means a fuse other thansafety fuse or quick match, characterised by fixed rate ofburning and visible lateral propagation of fire, used forigniting fireworks;(36) non-explosive emulsion matrix means waterin oil emulsion or a slurry matrix, which is neither capsensitive nor booster sensitive.

8 (37) occupier , in relation to a premises means aperson a who has the control and is responsible formanaging the affairs of the premises, and includes, inrelation to any explosives, the person in possession of theexplosives :Provided that in relation to a (a) proprietary firm, the proprietor; or(b) partnership firm, the partner nominated inwriting by all other partners; or(c) company, the director nominated in writing bythe board of directors; or(d) society or association, the office-bearernominated in writing by the governing body;shall be deemed to be the occupier;(38) permitted explosive means authorisedexplosive which is permitted by the Director General ofMines Safety to be used in underground coal mines;(39) plastic explosive means as explosive materialin flexible or elastic sheet form formulated with one or morehigh explosives which in their pure form have a vaporpressure less than 10-4 Pa at a temperature of 25 degreeCelcius and is formulated with a binder material, and is, asa mixture, malleable or flexible at normal room temperature;(40) permit means permit issued by ChiefController or Controller or District Magistrate under theserules for specific purpose;166 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC.]

9 3(i)](41) prohibited explosive means explosive whichis prohibited by the Central Government under Section 6 ofthe Act;(42) propellant means an explosive that normallyfunctions by deflagration and is used for propulsionpurposes;(43) protected works includes buildings orstructures in which persons dwell, work or assemble,college, school, hospital, theatre, cinema house, shop,market, factory, place of worships, place of storage ofhazardous substances, highway or public road, railwayline, navigable waterways, cross country above groundpipelines, dams or reservoirs, overhead high tension powerlines, but does not include cart tracks not in regular use,agricultural wells and pump sets connected therewith.

10 (44) quick match means a fuse for igniting chargesof fireworks and consists of strands of cotton or jute yarncoated or impregnated with black powder (gun powder),wrapped and enclosed with paper with the help of bindingmaterial and which burns but does