Saturday, 21 July 2012

Whether licence is necessary for possession, sale and use of the explosives ? What kind and quantity of explosives is exempted under the Rules without licence ?

Whether licence is necessary for possession, sale and use of the explosives ? What kind and quantity of explosives is exempted under the Rules without licence ?
 Yes, licence under Explosives Rules, 2008 is mandatory for possession, sale and use of the explosives under Rule 113. However, no licence is needed for possession and sale in following cases : Notwithstanding anything contained in rule 113, no licence shall be necessary for the possession— (a) of any explosive by a carrier or other person for the purpose of transport, when the same is being kept or transported in accordance with the provisions of Chapter IV regulating transport of such explosive; or (b) by any person of manufactured fireworks in any quantity not exceeding 25 kgs. 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 receptacle which is exclusively appropriated to the keeping of explosives and is closed and secured so as to prevent unauthorised persons from having access to the explosives; or (c) by any person for his own private use and not for sale of gun-powder not exceeding 5 kgs.and 50 metres of safety fuse for blasting, in any State other than Bihar, Kerala, Tamil Nadu and West Bengal, and of small arms nitro-compound not exceeding 5 kgs. except in the State of Kerala and Tamil Nadu. (d) by Railway Administration of flare lights or other explosives for its own use and not for sale to any other person by transfer or otherwise for maintaining railways, tracks, tunnels provided that the provisions of the Act and these rules are otherwise complied with; (e) of any explosive, which is not for sale and is required solely for the navigation of aircraft, when kept in an aircraft for use therein, or for distribution to other aircraft or to aerodromes, or at an aerodrome, for use there or for distribution to aircraft or to other aerodromes provided that the maximum quantity so possessed shall not exceed 25 kgs., when carried in an aircraft and 50 kgs., when kept at an aerodrome; (f) and sale from a shop of amorces (an explosive of class 7 and division 2) in quantity not exceeding 12.5 kgs.: PROVIDED that in respect of clauses (b) and (c) the Central Government may prohibit the possession of any explosive or prescribe any conditions under which the explosives can be possessed without a licence when considered necessary for the security of public peace.

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