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Section 28: Authority issuing Lieeneesww The licences for specific putposes may be granted by the authorities specified in Schedule E], 2‘}; ?ayment ef Feesom (l) The following fee shall be payable for prior approval, issuance of l…

The Ammonium Nitrate Rules, 2012Central Rules · 1884

(a)Scrutiny fee for prior approval ——?1000

(b)Lieenee to manufacture and possess for sale Ammonium Nitrate or convert melt to solid and Vice versa and possess for sale from a storehouse- ? 20,000/year

(c) Licence to Possess for sale of Ammonium Nitrate from a store house ~— ?‘ 2000/year

(d) Licence to Possess for use ofAmmonium Nitrate from a store house , — ?lOOO/year

(e) Licence to Import Ammonium Nitrate ~— ?5000

(f) Licence to Export Ammonium Nitrate —— T 5000

(g) Licence to stevedore, bag and store Ammonium Nitrate T 20,000/year

(h) Licence to Transport Ammonium Nitrate -— T 2000/year

(i) Amendment of licence ——~-- ?1000

(j) Duplicate copy of any licence —— ?100

(2) When licence issuing authority is the Chief Controller or Controller, the fees payable shall be paid by a crossed; bank draft or electronic means and when issuing authority is District Authority, the fees payable shall be paid in such manner as may be specified by him.

(3) When licence is sought for more than one financial year ending on the 31St March, fees for the desired number of financial years at the rate specified in sub—rule ( 1) above shall be payable.

[3111111 rrrrrr191We 311)] _ " “ 311131 3111 W33. 11111111811 _ -- 11:1 u m

30. 3313131 4113113113131333133133113111111133 1111 131.311.1113:

desiring to ebtain a 3iee11‘1.:e 31111133111.:‘31311113 stotehouse 3131- possessmn Tot 83.313121139633355133111‘.

Ammemum Nztu’te 1111:1311 thesenfles 3111133 ..

horn the{111131011331 mpowered 1.11 911.111“31.1.1331.

_ documents menhoned11.1 rule 33 , ._ '(2) The DiSttiet Mag1stzate Whtle {91111111113 1111017a111m3/a‘ i 1; ‘ the apphcant13111:: Set of pians shew1111,the 111511111111 ‘ .1 ..

kept clearasspewfiedin111 321. 13113 0*“34 oval - 3 - - - ‘- ‘ '

(3) The 3,11ef {30111101313101" 13111111111131 1113113” 1313113111.15. 11.11 a shall return 30 the applicant she set 133 13321113 51311111171110 : ‘ required to be kept eiear mthin 21-1353 31111111313 :13 em?

dulyendorsed and a1; additieeai set ofthe 33111131131111:

the applicant te submit the same 31‘; 1113‘ 31.1.331131‘313/ 3 no 0bjeetie1'1 eertifieate under 111313 3.3. .

Note: The 111301 appmvai under sub131113 (3) shah 3111193111: : .

the fae1lities of Ammonium 113111‘ate1311531111; as 1111 1.1331113eT 1133 ' ofthese Rules, for ohtain111g lieehse 11111313113113.3113 1113.35

33.. [31311331133331111 3111‘ 133123333 1.13 3313111313 .._... 13133131313113 P1331:

premises as pe1 plan appnwed 1117115311’11313 .33} the .211; .

apply for 31121111 073 Iieenee along W133: 1.31101311111131133 smtr‘if 11.1 the authmity empewmed to grant111.3333193*e13..:e.

32;. 3316131333 133 1721331331333 1313‘ 3333111313 ....... The lieehsing 211113331113131 may 11533133 9.

lieenee for a peuod not exceeding, T131513 1111aw1o 1 " the1eof ending o111:he335l\/Ta1eh T131 ail 111111112:3 e for import 131113 1311131113. whieh shah he 1.1.1333 yea:

25/! £7 Gl/2012-W ‘1 5

33.,3311e11-111e1133- 3e he suhmétied 3111' seeking approval (11" licence - H4 THE GAZETTE OF TNDIA : EXTRAORDTNARY [PART II—SEC. 3(i)J <33

(2) The following documents shall be submitted fer approval of premises proposed to be iicensed, namely: ~ {11) Apphcafieh 311 approm'iate 37011.11 as per P111134 of Schedule H.

(11113211111319.1111 810111313! Management Plan prepared as required 1111:3131 11131315.

{1;13‘311'ee sets 03‘ the drawings of the proposed storehouse and attached facilities and the Slte showing approach road with all protected works111 and amund.

(13)Doeumenta.ry eVidenee in respeet of company or partnership firm? or society including list of directors or partnels or office— beaue15, as the case may be, including nomination of the authorised signatory with their specimen signatures.

(1:) Six 111153111111 size phetographs of the occupier signed by him in ihe 330113: a3011g 1113331 documentary evidence of homination as 11311111131:

{3) Scrutiny fee as specified in rule 29.

The followng documents shah be submitted for grant of licence, 1111111er :~ _

(a) Applieation in appropriate 3301111 as per Par‘t-l of Schedule H.

(31) Six sets Of the drawings approved under sub rule (1) above.

(13‘) The particulars Of persons employed for handling of

11.111111011111111 Nitrate, their qualification and experienCe. The applicant shall file an affidavit regardingtheir character and antecedents.

(d) The certificate of completion of the storehouse and attached facilities duiy endorsed by Chartered Engineer.

{e} No Objection Certificate in original along with drawings duly endorsed from the concerned District Authority, where the Distriet Authority is not the iicenee issuing authority.

(f) Required licence fee as prescribed in rule 29 Treeedure ‘11) he ehsewed for issue 01' no objection certificate 111113 grant of Ticenee by the District Authority -— [WTII—UUESGH ‘_ _ 11111111111113; : 31mm ' _ , 11:1

(1) The appiicant desiringte Obtain a licence 115111 the Chief Controller or Controller shall apply to the District A11th0rity with set 51:“ diawingsflappmved under subwrule (3) of rule 30 for issue of a certificate to theeffeet that there is $0 ijeetion t0 the appiieafet reCeiving licence for the site proposed

(2) (a) On receipt of the application forissue of no objection 0111111?” 1ate or grant of IiCenCe; the District Authority shall. vent} the * antecedents of the applicant, 111111111 poSsessi011 (11’: thesiwte genumeness of the purpose,i11tere3t 0fthe pabiica11y Other matter as deemed necessary and carry out any Other verifications or enquiries as may be specifically required 51 deemed necessary by the licence issuing authority.

(b)The Director General of Mines Safety shall be the authority to grant no- objection certificate if the area of the proposed site cOmes under the Indian Mines Act, 1952.

(3) Fresh N0 Objection Certificate is not required for manufacture 01* converters/storehOuses, Which already existing at the site covered under N0 Objectien Certificate issued for the purpese, by the District Authority 01 Director General of Mines Safety or No Objection Celtificate issued under the Explosives Ruies, 2008.

(4) The District Authority shall complete the enquiry within a period of three months or as expeditiously as possible and Such authority shall, after being satisfied, grant 110 objection certificate in Form C" 2 0f Pa1t-4 of Schedule—H 01' grant the iicence, as the case may be, along with site plan, duly signed and sealed by such authority.

(5) If the District Authority 01‘ the Director General of Mines Safety, as the case may be, refuses to grant the no objection certificate on any of the g1ounds relating to the puipese of no objection certificate then 110 licence shali be granted by the licence issuing authoritv except with the sanction of the Cent1a1 Government.

(6) The District Authority 01‘ the Director General of Mines Safety; as the case may be, shall grant no Objection certificate 01 licence. or convey his refusal for granting no objection certificate 01‘ licence as;

the case may be, with reasons thereof in writing to the applicant as H0 {HE (1:1/EH} OF INDIA: LATRAOKDINARV [PA111 [1*511‘ 30)] " "13/11:11:1essit1ie bet 11111 tater 11111111.1112111111. 0fsiX1111111ths 1131111111 appiieatien £15m the applieaht 111111111; $111311 1111111151y.11‘any,as itmay;

11b)ct 1:11the 5thge1 ptevisiens Ofthe Act ’"pefi 11f A111111511111111 Nttmte51Ammmmum\htrate

7.1 3Al ehaihi12.121.111.211 eniy to the valid license 1111111515 99911X 9;)

., Wity 1111.37 Jerifythe faeiiities 0f. the lieensed 1121115511911811 shaii 13111101111:- theiieenee, 1:1 nee $111313 may‘impeee additional 1113111511111y 1efe1°i to the Chief (3111111011131 for Seeking -3111011., 11151111191111.

11111111 he renewable, £01 a maximum period of “1151111113ending 511 the 31-91 Marsh.

{9/111111;?a1931311111111 111111621 subv-vmie (i) for renewal of the licence shall 111by the 1111101111111; documente. namely»

13.21)31111131111011 111 901111.11 1in .

:11a1 fieenee;

{e} 113111.111 tenewai 11:11 as 31111?11.11311111 1uie 29 19 (3} A 1115111193 1118} he 1e11ewedi1y the authority empowered to grant such 911:eeeee :

1.3111111.31.11 1.511211. 11 iieertee which has been granted by the Chief 1,1311.1:eiie1 may be 1e11ewed without any aiteratien by a (entroller

1511.11ya111111111111111 by the ChiefCentwiier111 this behalf:

[1111111 We“.1;(1)] _ 11111111 W:311111111111 _ _ 117

Provided fUrther that a licence whiCh has been granted by the District Magistrate may be renewed Without any alteiation bya SubDivisional Magistrate 01 an Executive Magistrate duly authorised by the DistriCt Magistrateinthis behalf _

(4) Every applieation for the renewal ofa licence shall be made So as to reach thelicensing authority or theauthmity empowered torenew _ the licenceOn 01before three months {ie. 31St December) before the date on which the lieence expires togethel with the licenCe fees:

Piovided that the applieatiOn ieceived after the315December till the date of expiry of the licenCe shall be treated as late application and the licences shall be renewed With the late fees equivalent to one year’s licence fee. - ~

(5) if the application‘fOr renewal reaches the rernewing-Cr licensing authority on 01“ before the date. of expiry, the licenCe Shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that. the renewal of the licence is rerSed has been communicated to the applicant and if no applicationis received till the date of validity of the licence, the licence shall stand expired.

(6) The same fee shall be Charged for the renewal ofa licence for eaCh year as fer grantthe1e0f.~

(7) Where a licence lenewed for mete than one financialyear is surrendeled before its expiry, the lenewal fee paid for the unexpired portion Ofthe licence shall be refunded to the licensee:

Provided that no refund of lenewal fee shall be made for the financial year duiing which the licensing authority received the renewed licence for surrender

(8) When a licenceis lenewed by the Chief Controller or a Controller, intimation to that effect shall be sent to the District Magistrate concerned and when a licence is renewed by the District Magistrate, intimation to that effect shall be sent to the Controller having jurisdiction.

HS THE GAZETTE OF INDIA : EX'I‘RAORDINARY [Pam llw-SH, 3(1)]

37.,Amendment of licence in respect of alteration or change in the premiseg or licensed capacity? but not invotving change of name of licensee or partners or directors or members m

(l) A licence granted under these rules may be amended by tile authotity empowered to grant the licence if the amendment is consistent with the piovmons 0fthese rules.

(2) A licensee who desires to have his licence amended shalt submit the following particulais t0 the licensing. authority,11a111ely:4 _ -

(a) Applicatton1n appropi1ate Fetm as per Part 1 of Schedule H stating nature of the amendment and the reasons thereof;

(b) the original licence together with enclosures to it; 1

(e) drawings showing the details of the proposed amendment if such drawings are required by the licensing authority for the __ pu1pose of amendment;

(d) required amendment fee as prescribedin Rule 29

(3) The licensing authmity afte1 solutiny ot the documents submitted under sub—rule (2), and after making such further inquiries and taking such action as deemed necessary, may amend the licence.

38. Procedure for change of partners or directors or members or occupier ——- Whenever any new partner or member or director is inducted in the partnership firm or society or association or company, as the case may be, without any change in the name of the licence holder firm or society or association or company, the licence holder shall submit application to the licence issuing authority with the following documents for accepting the newly inducted partners or members or directors,~

(21) application in appropriate Form as per Part4} 0f Schedule H stating the nature of the amendment and the reasons thereof;

(b) the names and addresses of newly inducted directors or partners or office4bearers, as the case may be, and in case the occupier is changed, photographs of the new occupier;

(C) documentary evidence in respect of induction of directors or partners or office—bearers as the case may be including their specimen signatures;

[1117111-.—7:e10e 3(1)] _ 1111111 e1 11W : 311111111111

(11) six passport size photographs Of the new OeQUpier signed by him in front along with! decumentary eviden‘ee'ef nemination as occupier;

(e) a cert1ficate of verification of antecedents from the District Authority of the newly inducted directors 01‘ partners or offieebearers, as the case may be, where the District Anthority is not the liCence'is‘suing authority;

(1) theoriginallicence together with enelesure-s to it; and

(g) the required amendment feeas preseiibedinrule 29

39. Refusal for appmvai, grant 01" amendment 0f licenee.~— The licensing authority refusing tO’aceord approval or grant licence including amendment shall recerd in writing the reasons for such refusal- and 00mmunieate the same to the applicant and before refusal, the applicant shailrbeagiven an opportuniw of being heard.

40. Refusal to: renew a iieenee.4——— ‘ (1) The licensing authority refusing to renew a licence shall record the reasons for such refusal in writing.

(2) The licensing authority shall refuse to renew a licence if such licence can be revoked in accordance with the Actor these rules.

(3) A brief statement of reasons for refusal to renew a licence shall be given to the holder of the licence on demand unless in any case the licensing authority is of the Opinion that it shall not be in public interest to fumish such statement.

(4) Where the renewal of the licence is r,efused the fee paid for the renewal shail be refunded to the licence he}dei after deducting the proportionate fee for the period beginning from the date from which the licence was to be renewed 11p to the date from which 1enewal thereofIS 1efused

(5) Before refusing the tenewai of a lieence under the rule the holder of the licence shall be given an opportunity of being heard.

[W IL—EWE 30)] W EFF W31 :WETYTUT ((1) six passport size photographs of the new occupier signed by him in front along with documentary evidence of nomination as occupier;

(e) a certificate of verification pf antecedents from the District Authority of the newly inducted directers or partners or 0ffice:bearers, as the case may be, where the District Authority is not the lieence’issuing authority;

(f) the original licence together with enclosures to it; and

(g) the required amendment fee. as prescribed in rule 29.

Where this provision sits

ActThe Ammonium Nitrate Rules, 2012
Section28
Marginal noteAuthority issuing Lieeneesww The licences for specific putposes may be granted by the authorities specified in Schedule E], 2‘}; ?ayment ef Feesom (l) The following fee shall be payable for prior approval, issuance of licences and amendment, namely
JurisdictionCentral
StatusIn force as published by the source

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