A Import of Explosives

B Extract from the Explosives Act, 1884 (Act No. 4 of 1884)

C Application for grant of licence to import explosives

Government Departments and Public Sector undertakings, on the recommendation of the Controller of Explosives, Government of India, may be permitted to import.

"Explosive" means gunpowder, nitroglycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resocinol (styphnic acid), cyclo-trimethylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substance, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause.

(1) Where a person makes an application for licence under section 5, the authority prescribed in the rules made under that section for grant of licences (hereinafter referred to in this Act as the licensing authority), after making such inquiry, if as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing either grant the licence or refuse to grant the same.

a. where it is required for the purpose of manufacture of explosives if the licensing authority is satisfied that the person by whom licence is required

i. possesses technical know-how and experience in the manufacture of explosives; or

ii. has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience; or

(b) where it is required for any other purpose, if the licensing authority is satisfied that the person by whom licence is required has a good reason for obtaining the same.

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

b. the explosive, if of the 3^rd(Nitro-compound class) or 4^th (Chlorate mixture) is certified in Form I by the testing officer to have passed the tests specified in Schedule II, and

c. the explosive is certified to have passed such analysis or examination, if any, as the Chief Controller or the Customs Collector at his discretion by order in writing, may require in order to determine its composition or condition.

(3) No person shall be granted an import licence unless he is the holder of a licence for possession in a magazine or a store house authorised for the class and quantity of explosive intended to be imported or exported.

(4) Notwithstanding anything contained in sub-rule (3) the explosives in quantities exceeding the Chief Controller provided adequate advance arrangements are made by the importer to distribute directly from the port of import, the explosives to the other licensed magazine or licensed store houses.

(1) No explosive shall be imported or exported by sea except at the ports of Bombay, Cochin, Calcutta of Diamond Harbour, Madras, Tuticorin or Visakhapatnam.

Provided that exports only explosives in such quantities as may be specified by the Chief Controller, may be done at the ports of Kandla and Mormugao.

(2) The quantities of explosives, manner of handing during discharge from or loading into a ship shall be carried out in accordance with the provisions of rules regulating the handling of explosives at the ports of Bombay, Calcutta and Madras issued under the Act and respective port and bye-laws.

A. Person holding an import licence granted under these rules shall furnish a declaration-

a. in From 14 to the Chief Controller as soon as ship carrying explosives sails from the port of loading;

b. in Form 15 as soon as any shipment of explosives is cleared from the port of import.

(1) The master of every ship carrying explosives or the agent for such ship shall give the Conservator of the Port not less than 48 hours notice of its intended arrival at the Port.

(2) The master of every ship carrying explosive shall deliver to the pilot before entering any port, a written declaration in Form 2 under his signature.

Provided that if in anticipation of a ship’s arrival the agent for such a ship delivers to the Conservator of the port a written declaration as aforesaid under his signature, no such declaration need be made by master of the ship.

(3) Every declaration delivered to a pilot under sub-rule (2) shall be made over by him without delay to the Conservator of the port and all declarations received by the Conservator of the Port shall be forwarded by him, with all convenient despatch to Customs Collector of the port.

(1) The exporter or his authorised agent shall give the conservator of the port not less than 48 hours notice of his intention to bring explosives to any part of the port without prior permission in writing from the said officer.

(2) The exporter or his authorised agent shall produce before the conservator of a port:

b. a certificate issued by exporter to the effect that the explosives have been packed and market in accordance with these rules and are safe for transport by sea.

(1) When the master of, or the agent for, a ship has made declaration required by Rule 24, such officer as the Customs Collector of the port may authorise in this behalf shall go on board the vessel and obtain samples of all such explosives as is intended to land at the port and are required by or under these rules to be tested, analysed or examined.

(2) The master shall deliver to the officer referred to in sub-rule (1) without charge samples of all the explosives of which samples are required to be taken under that sub-rule. One sample consisting of at least two cartridges shall be draw from a group of cases having the same batch number and same date of manufacture. The samples if the sampling officer so requires, shall be taken from particular package indicated by him.

(3) if the taking of any samples to the testing officer (1) involves the opening of any case such case shall, before it is opened, be removed to an isolated position at a safe distance from any place where consignments of explosives are stored.

(1) The officer taking a sample of any explosives under Rule 26 shall affix to it the name of the ship, the name of the consignee, name of the explosive and such other distinguishing marks, as he may think necessary and shall forward it to the testing officer without delay.

(2) In the case of a Nitro-compound or a Chlorate mixture the date and batch number referred to in sub-rule (20 of Rule 9 shall also be affixed to the sample.

(1) The testing officer shall test, analyse or examine, as the case may be, the samples and shall without delay forward to the Customs Collector a certificate in From I in duplicate under his signature certifying whether the explosives have been satisfied the prescribed tests analysis or examination.

(2) The Customs Collector shall as soon as practicable, and ordinarily within 24 hours after receipt of the report of the testing officer forward a copy each of the certificate in From I to the Chief Controller and the Controller of the area having jurisdiction.

(1) No imported explosive shall be permitted to be landed by the Customs Collector except with prior permission of the Chief Controller or the Controller duly authorised in this behalf who shall issue such permission and after making such other enquiries as considered necessary.

(2) If the Customs Collector, after receiving the permission under sub-rule (10 and the licence for import of such explosives under these rules and after making such further enquiries as he deems necessary, is satisfied that the explosives can lawfully be imported, he shall permit it to be landed.

(3) Nothing in this rule shall affect the power of Customs Collector to design the explosives under any other law for the time being in force.

(4) The imported explosives shall be removed from the port premises by the importer as expeditiously as possible.

No licence for import or export of imported or exported by air except at the ports of Bombay, Delhi, Calcutta and Madras or any other International airport authority for this purpose by the Central government and under such condition and restriction as it may impose in consultation with Chief Controller.

(1) No explosive shall be imported or exported by air except at the ports of Bombay, Delhi, Calcutta, and Madras or any other International airport authorised for this purpose by the Central Government from time to time.

(2) Any explosive which is not included in Schedule VI shall not be imported or exported by air.

(3) A person holding a licence for import or export of explosives by air or his authorised agent shall give a declaration well in advance before bringing the explosives into the airport to the Officer Incharge of the Airport Collector of Customs and the Chief Controller giving full particulars of the explosives intended to be imported or exported.

(4) No person shall bring explosives to the airport for export by air without prior consent in writing of the Officer Incharge of the Airport.

(5) Proper arrangement shall be made by the importer to take direct delivery of the imported explosives and remove the same as expeditiously as possible from the airport.

(6) Explosives meant for export shall be brought to the airport after making proper arrangements and only after the aircraft is ready for loading explosives and explosives so brought to the airport shall be loaded directly into the aircraft.

(7) If for any unforeseen circumstances explosives brought to the airport cannot be removed from the airport or loaded into the aircraft such explosives shall be stored in an isolated shed under guard as directed by the Officer Incharge of the Airport and all due precautions against theft, fire or explosion shall be taken.

Nitrate-mixture" means any preparation other than gunpowder, which is formed by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosives properties, whether sulphur be or be not added to such preparation and whether such preparation be or not mechanically mixed with any other non explosive substance, and includes any explosive containing a perchlorate and not being a chlorate-mixture, fulminate or nitro-compound as defined in this Schedule.

1. "Nitro-compound" means any chemical compound which is possessed of explosive properties or is capable of combining with metals to from an explosive compound, and is produced by the chemical action of nitric acid (whether mixed or not, with sulphuric acid), or of a nitrate mixed with sulphuric acid, upon any carbonaceous substance, whether such compound is mechanically mixed with other substance or not.

3. Division 1, comprising any chemical compound or mechanically mixed preparation which consists either wholly or partly, of nitro-glycerine or some other liquid nitro- compound that is such explosives as Ballistite, Blasting Gelatine, Cordite, Dynamite, Gelatine Dynamite, Gelignite, etc.

4. Division 2 comprising any nitro- compound, which is not comprised in Division 1 that is explosives such as Ammonal, E.C. Sporting Powder, gun-cotton, Picric Acid, Smokeless Diamond, Trinitro-toluol (T.N.T.) etc.

3. Division 1, comprising any chlorite preparation which consists partly of nitro-glycerine or of some other liquid nitro- compound.

4. Division 1, comprising any chlorate mixture which is not comprised in Division 1.

1. "Fulminate" means any chemical compound or mechanical mixture whatever which from its great susceptibility to detonation, is suitable for employment in percussion-caps or any other appliances for developing detonation, or which, from its extreme sensibility to explosion, and from its great instability (that is to say, readiness to undergo decomposition from very slight exciting causes), is specially dangerous

2. the fulminate class consists of two division namely division 1 and division 2.

3. Division 1 comprising such compounds as the fulminate of silver and of mercury, and preparation of those substance such as are used in percussion caps, and any preparation consisting of a mixture of chlorite with phosphorus, or certain descriptions of compounds of phosphorous, with or without the addition of carbonaceous matter, and any preparation consisting of a mixture of a chlorite with sulfur or with sulphuret , with or without carbonaceous matter.

4. division 2 comprises such substances as the chloride and the Iodide of Nitrogen, fulminating Gold and Silver, Diazobenzol and the Nitrate of Diazobenzol, Lead Azide and Tetrazine.

1. "Ammunition" means an explosive of any of the foregoing classes when the same is enclosed in any case or contrivance, or is otherwise adapted or prepared so as to from (a) a cartridge or charge for small arms, canon or any other weapon, or (b) a safety or other fuse for blasting or for shells, or (c) a tube for firing explosive, or (d) a percussion cap, detonator, fog signal, shell torpedo, war rocket or any other contrivance other then a fire work.

2. The ammunition class has three divisions, namely Division 1, division 2 and Division 3.

3. Division 1 comprises exclusively of (I) Safety cartridge (ii) Safety fuses for blasting (iii) Railway for signal, and (iv) Percussion caps.

4. Division 2 comprises any ammunition which does not contain its own means of ignition and is not included in Division 1, such as cartridges for small-arms other than safety cartridges, cartridges and charges for cannon shells and torpedoes containing any explosives, tubes for firing explosives, and war rocket, which do not contain their own means of ignition.

5. Division 3 comprises any ammunition which contains its own means of ignition and is not included in Division 1, such as detonators, fuses for blasting which are not safety fuses, tubes for firing explosives, containing their own means of ignition.

Note:- The expression "ammunition containing its own means of ignition" means ammunition having an arrangement, whether attached to or forming part of the ammunition which is adapted to explode or fire the ammunition by friction or percussion. "Percussion cap" does not include a detonator.

1. Fireworks Class has four divisions, namely Division 1, Division 2, Division 3, and Division 4.

2. Division 1 comprises of fireworks composition that is to say, any chemical compound or mechanically mixed preparation of an explosive or inflammable nature, which is used for the purpose of making manufactured fireworks, and is not an explosive of classes 1,2,3,4,5 & 6 any star and any coloured fire composition.

Provided that a substantially constructed hermetically closed metal case, containing not more than 500 gms. Of coloured fire composition of such a nature as not to be liable to spontaneous ignition shall be deemed to be "a manufactured fireworks" and not a "fireworks composition".

3. Division 2 fireworks comprises manufactured fireworks, i.e., to say any explosive of class 1,2,3,4,5 or 6 and any fireworks composition when such explosive or composition is enclosed in any case or contrivance or other articles specially adapted, for the production of pyrotechnic effect for pyrotechnic signal or sound signals.

4. Division 2 fireworks comprises 3 sub-division, namely, sub division 1, sub-division 2 and Sub-division 3.

5. Sub-division 1 of Division 2 fireworks comprises low hazard fireworks which, in the opinion of Chief Controller are relatively innocuous in themselves and are not liable to explode violently or all at once e.g. 1[sparklers, Chinese crackers, serpents, etc.]

6. Sub-division 2 of division 2 fireworks comprises high hazard to a person e.g. rockets,[***], shells, maroons, wheels, barrages, fountains, illumination pieces, distress signals etc.

7. Sub-division 3 of division 2 fireworks comprises such fireworks which are assembled at site purely for the purpose of display.

8. Division 3 comprises of any explosives contrivance required for the manufacture of manufactured fireworks e.g. quick mach fuse etc.]

9. Division 4 comprises of manufactured fireworks for use of Armed Forces of Union].

"Liquid Oxygen Explosives" means an absorbent carbonaceous material such as wood pulp, carbon black, metal powder, coal dust etc. impregnated with liquid air or liquid oxygen with or without the addition of other substances.

I ---------on behalf of ---------------apply for grant of a licence under Explosives Rules, 1983 to import explosives and furnish the following particulars:-

In case where application is made in the name of a company, the names and address of Directors and Partners and the name, address and specimen signatures of person or person authorised to sign correspondence in respect of licence applied for should be given on a separate sheet and enclosed with this application form.

Any charge in the above information should be immediately communicated to the licensing authority and authority renewing the licence.

Licence is hereby granted to --------to import by sea/air at any one time explosives of the description given below at the port --------for consignment to persons mentioned below subject to the provisions of the Explosives Act, 1884 and the Rules made there under and to the conditions on the back of this licence.

This licence is liable to be suspended or revoked on any violation of the Act as amended or rules framed there under or the conditions of this licence.

1. No explosive other than those permitted under this licence shall be imported.

2. The quantity of explosives imported shall not exceed that authorised by this licence.

3. All explosives imported under this licence shall be packed and marked in accordance with rules 8 and 9 of Explosives Rules, 1983.

4. No. ship or boat or aircraft containing explosive imported on the strength of this licence shall bring to or more and no such explosive shall be unloaded or transhipped from any ship or boat or aircraft except at the port authorised by this licence.

5. The licence shall comply with all the rules and regulations in force at the port of import mentioned in this licence.

6. The owner and master of the ship or boat or aircraft in which explosives are imported on the strength of the licence, shall, if and when required by an inspecting authority or the customs authority having jurisdiction over the place of importation, allow such inspector or officer to take for examination samples of any explosives so imported.

7. As soon as the explosive has been cleared from the place/port and despatched to the magazine/store house for storage, the licensee shall complete the importers transmission Schedule in Form 15 and forward it to the Chief Controller.

8. The explosive shall be dispatched to the various consignee to the various consignee mentioned in the licence directly from the port and the licensee shall make prior arrangement to ensure that there is no hold up of explosives at any place.

9. The imported explosives if of Class 3 or Class 4 shall not be unloaded from the ship or boat unless such explosives have been tested and permission to unload given by the Chief Controller of Explosives authorised for the purpose.

1.	Name in which licence is required (see note below)
2.	Status	Individual
		Company
		Society
3.	Postal Address
	Pin Code No.
	Telephone No.
	Telegraphic Address
	Telex
4	Explosives proposed to be imported at a time
S.No.	Name & Description	Class		Division, if any	Quantity
5.	Are the explosives to be imported authorised explosives			Yes	Yes
6.	Name and of the manufacturer of explosives to be imported			Yes	Yes
	Licence particulars of the premises where explosives will be stored:-
Licence	Licence No. & Form		Validity of Licence	Address of premises	Quantity to be stored
8.	Port of place of import			Yes	No
9.	Has the applicant been convicted under or ordered to execute any bond under chapter VIII of code of Criminal Procedure, 1973, during the last 10 years			Yes	No
10.	(a) Particulars of other licence, if any, under Explosives Act, 1884, held by the applicant during the last 10 years
	(b) Was any licence cancelled/not renewed?			Yes	No
	(c) If yes, give details
11.	Additional information, if any

Class 1 Gun Powder	Gun Powder
Class 2	Nitrate-mixture
Class 3	Nitro-compound
Class 4	Chlorate-mixture
Class 5	Fulminate
Class 6	Ammunition
Class 7	Fireworks
Class 8	Liquid Oxygen Explosives