- भारत सरकारGOVERNMENT OF INDIA
- वाणिज्य और उद्योग मंत्रालयMINISTRY OF COMMERCE AND INDUSTRY
Q1. Is approval of Chief Controller of Explosives required for all electrical equipment finding application in hazardous installations ?
Ans. Rule 106 of Petroleum Rules prescribes that all equipment operating on electrical energy are required to be approved by Chief Controller of Explosives if they find application in hazardous areas falling within the purview of Petroleum Rules, 2002. The approval of electrical equipment is therefore limited to only such areas falling within the jurisdiction of Petroleum & Explosives Safety Organisation.
Ans. Chief Controller of Explosives permits use of flameproof, intrinsic safety and encapsulated type protected equipment for use in zone 1 hazardous areas. Non sparking and increased safety type equipment are permitted in zone 2 hazardous areas.
Q3. Are foreign manufactured equipment also required to get approval from Chief Controller of Explosives ?
Ans. Yes, electrical equipment manufactured outside India and to be used in hazardous areas falling within the purview of petroleum Rules, 2002 is also required to be approved before the same is put in use.
Q4. What documents are required to be submitted for obtaining approval of equipment manufactured within the country ?
Ans. The manufacturer of the equipment is required to furnish under mentioned documents to obtain approval for indigenously manufactured electrical equipment :
i) Details of infrastructural facilities for manufacturing available with him. This includes details of manufacturing works, equipment available, testing facilities available, technical manpower availability and quality control setup.
ii) Details of infrastructure available for providing engineering back up for the products marketed.
iii) Technical details of the equipment including engineering drawings.
iv) Certificate from approved test labs confirming that the prototype of the equipment has passed the tests prescribed by the relevant standards.
v) Copy of the BIS licence confirming that the manufacture of the equipment is covered under a quality control scheme. This requirement is mandatory for flameproof type of equipment.
vi) Fee @ Rs. 500/- as approval fee for each type of equipment in the form of demand draft drawn in favour of Chief Controller of Explosives payable at Nagpur.
Ans. Under mentioned documents are required to be furnished to obtain an approval for imported electrical equipment for use in hazardous applications.
i) Details of the profile of the manufacturer.
ii) Profile of the user of such type of equipment in other countries.
iii) Profile of the Indian agent for the manufacturer in the country.
iv) Infrastructural facilities available with the Indian agent for providing technical support for the equipment in the country.
v) A copy of the agreement between manufacturer and the Indian agent spelling out the responsibilities for providing technical back up for the equipment and training support to personnel of the Indian agent for such support.
vi) Technical description of the equipment including drawings wherever applicable.
vii) Certification for the equipment from IEC or EN accredited test houses.
The certificate should also include both prototype as well as conformity assessment certification.
viii) Approval fee @ Rs. 500/- in the form of demand draft in favour of Chief Controller of Explosives payable at Nagpur for each type of equipment for which approval is required.
Ans. Approval is issued only to the manufacturer of the product and in case of a foreign manufacturer, to his Indian agent. Users of the equipment are not given such approvals.
Q1. What is the scope of Explosive Act, 1884 and how it differs from Explosives Substance Act, 1908 ?
Ans. The Explosives Act, 1884 is designed to control manufacture, possession, use, transportation and importation of Explosives so as to prevent accident. On the other hand, the Explosives Substance Act, 1908 seeks to control crimes arising out of illegal use of explosives.
Ans. No person shall manufacture any explosive at any place except in a factory or premises licensed under Explosives Rules, 2008, even though, it may be a small quantity. However, no licence is necessary for manufacture of small quantity of explosives at a Government or industrial laboratory of an educational institution and under supervision of a qualified person, for the purpose of chemical experiment and test and not intended for practical use or sale, with prior approval of the Chief Controller of Explosives.
Q3. 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 ?
Ans. 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.
Q4. What is minimum age of a person eligible for obtaining licence under Explosives Rules, 2008 and also to be eligible for employment in the premises coming under the purview of the said Rules ?
Ans. The person should be of minimum 18 years of age.
Q5. Whether licence is necessary for import / export of any explosive and which explosive can be imported / exported?
Ans. Licence issued under Explosives Rules, 2008 is mandatory for import or export of explosives and only such explosives which is “Authorized” under the Explosives Rules is allowed to be imported/exported.
Ans. No explosives shall be transported by any carriage which is not an explosives road van, however, Safety fuse and Fireworks can be transported by Ordinary van.
Q7. Whether the applicant can approach District Authority directly for obtaining NOC, if he requires urgently the magazine to be set up and commence possession and use of explosives ?
Ans. Yes, where the licensing authority is the Chief Controller or Controller and where the quantity of explosives proposed to be possessed, owned and used under licence in Form 22 does not exceed 100 kgs, the applicant may apply to the District Authority together with an application in Form 5, Statement in Form 17 and necessary application for the grant of NOC.
Ans. The licence can be renewed for a maximum period of 2 years (financial period), however, the renewal application shall be submitted as per Rule 165 of the Explosives Rules, 2008.
Q1. Do I need to obtain a licence for storage of HSD or superior kerosene or MTO or any other petroleum Class B product ?
Ans. No licence is required for storage and transport of any such product (i.e. petroleum class B) if the total quantity in your possession does not exceed 2500 litres in non-bulk ( i.e. drums) or 1000litres in a receptacle / tank (i.e. bulk).
Ans. No licence for transport or storage of Furnace Oil/LDO i.e. petroleum class C if the quantity in your possession at any one place does not exceed 45000 litres in bulk. However, if the quantity for storage of petroleum Class C exceeds 5000 litres, you will be required to obtain permission i.e. prior report as required under rule 140 of Petroleum Rules,2002.
Q3. Whether any licence is required for storage of products like ISO Propyl Alchohol, Ethyl acetate, Normal Butanol, Butyl Acetate, Cyclo Hexanone etc. ?
Ans. These products are not covered under the Petroleum Act and Rules administered by this Organisation and hence no licence is required for its storage etc. However, due precautions depending on hazardous properties of such substances shall be taken in its handling and storage.
Ans. De-natured spirit having Ethanol content below 99.5% is not covered under theActs and Rules administered by this Organization. Hence no licence is required its storage etc. from this Organisation. However, all due precautions for safe handling and storage of denatured spirit should be taken.
Ans. Following documents should be submitted to the licensing authority for needful action :-
1. Application form IX duly filled and signed by new owner/companyBank draft of Rs.500/- as amendment fee.
2. Bank draft of Rs.500/- as amendment fee Original licence attached with approved drawing.
3. Original licence attached with approved drawing.
4. 4 copies of replica of drawing attached to the licence indicating new name and address of the person/company
5. letter of existing licensee for such transfer certificate of incorporation of new company.
Ans. A licence stands expired if renewal application is not received by the renewing authority even upto 30 days after the date of expiry of licence i.e. 30th January of succeeding year. The remedy then available is to obtain a fresh licence by furnishing following documents
1. Application in form XI.
2. Original expired licence.
3. Bank draft of requisite licence fee with penalty fee equivalent to 1 year licence fee with penalty fee equivalent to 1 year licence fee.
4. 4 copies of replica of approved drawing attached to the expired licence.
5. Fresh/revalidated NOC from the District Magistrate if application is made after two years of expiry of licence.
Q7. Whether application for renewal of petroleum licence may be made to Chief Controller of Explosive’s office?
Ans. Application for renewal should be submitted to respective sub-circle office or circle offices as the case may be.
Ans. The new owner will be first required to obtain a fresh approval of refinery by furnishing all documents stipulated under rule 162 of Petroleum Rules, 2002.
Ans. The last date of receipt of renewal application at the renewing office is 2ndMarch of the licence expiry year.
Ans. Licences under SMPV(U) Rules are granted or renewed for a maximum period of 3years ending 31st March.
Ans. NOC is required for storages of compressed gases other than non flammable, non toxic gases from the District Authority under rule 46(a) of SMPV(U) Rules.
Ans. No proforma is prescribed under the Rules for the No Objection Certificate.
Ans. Under the SMPV(U) Rules, licence cannot be transferred from one person/company to another person/company. The new occupier has to apply for the issue of fresh licence with all necessary documents.
Ans. The application for recognition under the SMPV(U)Rules should be submitted to Chief Controller of Explosives, Nagpur.
Ans. The fee is to be paid as DD in favour of the Authority to which applicable is made.
Ans. Approval from Chief Controller of Explosives is to be obtained for any modification of pressure vessel with drawings duly certified by the Inspector.
Ans. The licences for transport vehicles for compressed gases other than cryogenic gases are issued by the Circle offices at Chennai, Mumbai, , Faridabad and Kolkatta. Licences for cryogenic gases for transport vessel are issued by Chief Controller of Explosives, Nagpur.
Ans. Original test/safety certificates are to be submitted along with application for grant/renewal of licence.
Ans. The periodicity of hydrotest of the pressure vessels are given under the provisions of rule 19 of SMPV Rules. The pressure vessels containing toxic and corrosive gases shall be tested for every 2 years and for other gases the period shall be not more than 5 years.
Ans. For Ammonia pressure vessels, the periodicity of testing is 2 years. For Horton spheres, it has been permitted vide Govt. of India notification that to the first periodic inspection after 2 years of installation with non destructive testing and second period inspection shall be carried out after 3 years of the first inspection with non destructive and hydrostatic testing of Horton spheres. Subsequent period testing including non destructing testing and hydrotesting shall be carried.
Ans. All safety relief valves tested on pressure vessels shall be tested for its correct operation not less than once in a year and certificate be obtained under the rules.
Ans. Only LPG or Propane gases can be stored in the underground or mounded storage (rule 21).
Ans. Cryogenic Liquefied gas storage vessels exceeding one atmospheric pressure are coming under the purview of SMPV(U)Rules.