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Section 10: General Restrictions

The Explosives Rules, 2008Central Rules · 1884

(1) Restriction on manufacture—(a) No explosives shall be manufactured at any place except at a licensed factory with manufacturing process duly approved by the licensing authority.

(b) No person shall manufacture any plastic explosive without adding marking agent as per the International Civil Aviation Organisation Resolution A 27-8 based on United Nations Security Council Resolution 635 of 14th June, 1989 and United Nation General Assembly Resolution 44/29 of 4th December, 1989;

(2) Restriction on import or export —

(a) No person shall import or export any explosive except under and in accordance with the conditions of licence granted under these rules.

(b) No explosive shall be imported or exported except at its ports notified by the Central Government

(c) No licence shall be granted for import or export of any explosives unless—

(i) the explosive is an authorised explosive;

(ii) the explosive, if of the Class 3 (nitrocompound class) or Class 4 (chlorate mixture) is certified in Form CE 1 by the testing officer to have passed the tests specified in Schedule III;

(iii) the explosive is certified to have passed such analysis or examination, if any, as the Commissioner of Customs in consultation with the Chief Controller, by order in writing, may require in order to determine its composition or condition.

(iv) plastic explosives are added with marking agent as per International Civil Aviation Organisation Resolution A 27- 8 based on United Nations Security Council Resolution 635 of 14th June, 1989 and United Nation General Assembly Resolution 44/29 of 4th December, 1989;

(v) the exporter shall submit Form AE-7 duly filled in and signed, indicating therein clearly the purpose and intent of export, the UN classification and UN Number, the Material Safety Data Sheet for the explosives intended to be exported, means of transport, detailed address of importer.

(3) Restriction on transport —(a) Any explosive of Class 5 (Fulminate) or detonator or any other explosive of Class 6 (Ammunition) containing its own means of ignition or initiation, or an explosive of Class 7 (Fireworks) shall not be transported in the same carriage, or save as provided in Part 3 of Schedule VI in the same vessel and shall not be ¹Hkkx II¹[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 171 conveyed or handled with any explosives not of the class and division to which it belongs.

(a) No person shall transport any explosive with explosives belonging to Compatibility Group K referred to against serial number 10 in Table 1 under Part 3 of Schedule I, in a vehicle.

(b) No person shall transport explosives of Class 3 or Class 2 along with detonators.

(c) Nothing in clauses (a) and (b) shall apply to the transport of explosives of Class 2 and/or Class 3, safety fuse, detonating fuse and detonators in a compressor mounted motor truck or tractor covered under a licence as per these rules.

(4) Restriction on delivery—(a) No person shall deliver or despatch any explosive to any one other than a person who—

(i) is the holder of a licence to possess the explosives or the agent of a holder of such a licence duly authorised by him in writing in this behalf; or

(ii) is entitled under these rules to possess the explosives without a licence.

(b) The explosives so delivered or despatched shall in no case exceed the quantity, which the person to whom they are delivered or despatched is authorised to possess with or without a licence under these rules.

(c) No person shall receive explosives from any person other than the holder of a licence granted under these rules.

(d) No person shall receive from or transfer explosives to any person for a temporary storage or safe custody in a licensed premises unless prior approval is obtained from the Controller or licensing authority having jurisdiction.

(5) Restriction on handling explosives—No person shall handle or cause to be handled any explosive between the hours of sunset and sunrise :

Provided that nothing in this rule shall apply to handling of explosives during the dark hours if proper illumination is provided in the area and the place is guarded.

(6) Restriction on smoking and articles likely to cause fire or dangerous substance—No person shall smoke, and no fires, lights or articles or substances of a flammable nature or liable to spontaneous ignition, or act to cause or communicate fire or explosion such as acids, petroleum, carbide of calcium, compressed gases or such other hazardous substances, or radio or cell phone or radio frequency operated device or any such communication system or devices shall be allowed at any time within fifteen metres from the place where an explosive is stored or at any place where an explosive is handled during transport one hour before and during such handling.

(7) Restriction on employment of children, intoxicated persons and certain other persons - No person shall employ, allow or engage a person—

(a) who is below the age of eighteen years; or

(b) who is in a state of intoxication; or

(c) who is of mentally or physically challenged, for manufacture, storage, sale, loading, unloading or transport of explosives or to enter any premises licensed under these rules.

(8) Restriction on toxic, corrosive or flammable substances—No toxic, corrosive or flammable or otherwise dangerous substances shall be allowed in the premises meant for manufacture, import, export, transport, storage, sale or handling of explosives.

Where this provision sits

ActThe Explosives Rules, 2008
Section10
Marginal noteGeneral Restrictions
JurisdictionCentral
StatusIn force as published by the source

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