CHAPTER I PRELIMINARY
1.
Short title and extent.—(1) These rules may be called
the Explosives Rules, 1940.
(2)
They extend to ail the Provinces of Pakistan including
Baluchistan, the Capital of the Federation and the Acceding States.
2.
Suppressions and Saving. The Indian Explosives Rules, 1914, the Berar Explosives Rules, 1914 and
all rules and notifications issued by the Local and Provincial Governments, under the Indian Explosives Act,
1884 (IV of 1884), arc hereby superseded but (i) all licences or duplicates granted or renewed and all fees imposed or levied shall be deemed to have been
respectively granted, renewed,
imposed or levied
under these rules; and (ii) all approvals given, all
appointments made and all powers conferred by or under any rule or notification
so superseded shall so far as they are consistent with the Act and these rules,
be deemed to have been given, made or by or under these rules.
(2)
Anything conformity with these rules which was
permitted to be dole by or under any rule in force immediately before the
coming into force of these rules, may, in special cases, be permitted by the
Chief Inspector by order in writing to be continued for such period not
exceeding in the order.
3.
Definitions. In these rules, unless, there is anything
repugnant in the subject or context,-
(a)
"the Act" means the Explosives Act, 1884
(IV of 1884);
(b)
"Authorized explosive" means an explosive
published by the Chief inspector from lime to time in the Gazette of Pakistan;
(c)
"Boat" means any vessel other than a ship
as defined below;
(d)
“Chief Inspector” means the Chief Inspector of Explosives in Pakistan;
(e)
"Conservator of the Port" includes
any person acting under the
Authority Of the officer or body
of persons to be appointed Conservator
of the port under section 7 of the Indian Ports Act, 19 'J8 (XV of
1908);
(f)
"detonator'" means a capsule or case
which is of such strength and construction, and contains fulmination in such
quantity that the explosion of one capsule or case would communicate the
explosion to like cap-suits or cases when in proximity;
{g) ''District
Authority” means the
District Magistrate ;
(h)
''District Magistrate" includes an
"Additional District Magistrate”;
(i)
"Form" means a form set forth in Schedule V
to these rules;
(j)
"Inspector of Explosives" includes an
Assistant Inspector of Explosives;
(k)
"Safety cartridge" means a cartridge for
small-arms having a diameter not exceeding one inch, the case of which can be
extracted from the small-arm after firing ; and which is so closed as to
prevent any explosion in one cartridge being communicated to other cartridges ;
(l)
"Safety fuse" means a fuse for blasting which
burns and does not explode, and which does not contain its own means of
ignition, and which is of such strength and construction, and contains an explosive in such quantity that
the burning of such fuse would not communicate laterally with other like fuses;
(M) "Schedule1' means a schedule
annexed to the rules;
(n)
“Ship” means a vessel ordinarily used or intended to be
used in sea navigation and not exclusively propelled by oars;
(o)
"small-arms nitro-compound" means a
nitro-compound adapted
and intended exclusively for use in cartridges for
small-arms ;
(p)
"Testing Officer" means such officer as the
Central Government may appoint in this behalf;.
(q)
"ton"
with reference to the weight of
explosive, means 2,000 lbs.
(r)
"transport1" means to move from one place to another
in Pakistan.
4.
Classification of explosives; (1) For the purposes of these rules, explosives shall be
classified in manner specified in Schedule I.'
(2)
If any explosive falls within the limits of more than
one class as defined in Schedule I, it shall be deemed to belong exclusively to
the last in number of such classes.
5.
General exemptions.—(1) Nothing in these rules
shall apply :-(i) unless otherwise expressly provided in
these rules, to
any explosives of the 1st
Division of the 6th (Ammunition)
Class other than safety
fuses for blasting ; (ii) to
the manufacture, possession, sale,
transport or importation of
paper caps for toy
pistols, or colored
matches known as Bengal Lights or Star Matches, under such conditions and in such quantities as the
Chief Inspector or in the case of
transport by rail the Railway Board, of
the recommendation of the Chief
Inspector may from time to time
determine, or to the possession, 'ale, transport or importation of snaps
when contained in
fully manufactured
Christmas or bon-bon crackers; (iii) to any explosive
carried on board any
ship in compliance with the
provisions of the Merchant Shipping Acts, 1894 to 1940, or of any order, rule
or regulation there under for the time being in force
provided that such explosives
shall not be stored with or near any explosive
carried as cargo in the ship.
(2)
If the Chief Inspector is satisfied that in respect of
any explosive of the 2nd Division of the 7th (Fireworks) Class any of the
requirements of these rules may be safely suspended or modified for such period
and under such conditions as be may think fit, and may at any time revoke such
order. CHAPTER -- II GENERAL PROVISION
6.
Prohibition of unauthorized explosives.—No person shall
import, transport, manufacture, possess, use or sell any explosive
which is not an authorized explosive.
7.
Restriction on delivery and dispatch of explosives.—(1)
No person shall deliver or dispatch any
explosive to any one in Pakistan other than a person who (a) is the holder of a
licence to possess the explosives or the authorized agent of a holder of such a
licence, or (b) is entitled under these, rules to possess the explosives
without a licence.
(2)
The explosives so delivered or dispatched shall in no
case exceed the quantity which the person to whom they are delivered or
dispatched is authorized to possess with or without a licence under these
rules.
8.
Packing of explosives.—'No explosive shall be imported, tendered for transport, transported, possessed or sold unless it
is packed in the manner laid down in Schedule ii and the
package is marked in accordance with
Rule 9 :
Provided that
nothing in this rule shall apply to (a) explosives in the process of
manufacture; and (b) manufactured fireworks ; possessed or transported by any
person entitled under clause (b) of Rule 88 to possess them without a licence.
9.
Marking of package.- (1) The outermost package shall be
marked in conspicuous characters by means of either branding, stamping,
embossing, or painting or by affixing a securely attached label, with (a) the
word "Explosive", (b) the name or the explosive, (c) the number of
the Class and of the Division to which it belongs, and (d) the name of the
consignor or manufacturer;
Provided that in the case of safely fuzes
or gun-powder, the word "Explosive" and the number of the Class and
Division may be omitted.
(2)
In the case of a nitro-compound or of
a chlorate-mixture there shall be added the date of manufacture or issue
from the factory or such sign indicating such dale as may be approved by Chief
Inspector.
(3)
Where an outer
package contains more than
one explosive, it shall be marked separately in
accordance with sub-rules (1) and
(2) in respect of each explosive
so contained.
10.
Relaxation of packing
rules.—If the Chief Inspector is
satisfied that in any special
case any of the
requirements of Rules
8 and y may be safely relaxed, he may,
by order in writing,
authorize such relaxation under such conditions as he may think fit.
11.
Weight of explosives.—(1) The weight of explosives when
referred to in these rules shall not include the weight of the packing case or
box in which the explosives arc packed.
(2)
In the case of explosives of the 6th (Ammunition) Class or 7th (Fireworks) Class, the
weight shall be deemed to be the weight of the completed article inclusive of the
case or contrivance in which
the explosive is contained.
12.
Precautions
to be observed in handling explosives,—(1) The
floor of any place or any carriage or vessel on
which any explosive is or is to
be laid and the ground, gangway desks
and other places over which
the explosive is to be conveyed during loading or unloading shall be (i) carefully examined to ensure that
there is nothing thereon in contravention of these rules or likely to endanger
the safety of the consignment ; and (ii)
thoroughly cleaned and swept before and after use.
(2)
The casks or packages
containing the explosives shall not be
thrown or dropped down or rolled or
pulled along the ground or floor
but shall be passed from
hand to hand and carefully
deposited and stored.
(3)
Where a cask or
package is to be slung, due precautions shall be taken to sling it in such
a manner as effectually to
prevent the possibility of a fall.
(4)
After the handling of explosives has commenced the
operations shall proceed with due diligence and without unnecessary stoppages.
13.
Prohibition of
smoking, fires, lights, and dangerous substances.— No person shall smoke,
and no tires,
lights or articles or substances
of an inflammable nature or liable to spontaneous
ignition or to cause or
communicate fire or explosion, such as sulphuric acid, petroleum, carbide or calcium or
compressed gases, shall
be allowed (a) at anytime in proximity to a place
where an explosive
is stored or (b) at any place where an explosive is handled,
one hour before and during such handling :
Provided that
nothing in this rule shall apply to the use on a ship of (i) an engine room
fire, if such tire is previously carefully banked up, or (ii) any artificial light
or ship's lights of a type approved in writing by the Chief Inspector in areas
outside port limits and by the Conservator of a port within port limits,
14.
Prohibition of matches, etc. — No person, in or near any place where explosives are
handled shall (a) have in
his possession any matches, fuzes
or other appliances for producing
ignition or explosion or any knives or
other articles made of iron or steel
; or (b) wear boots or shoes with iron nails or shod or strengthened with iron, unless such boots or
shoes are covered with leather, India-rubber, felt or other material, in the form of
overshoes or otherwise.
15.
Spilt explosive to
be destroyed.—If any explosive
escapes from the package in which it
is contained, or is spilt, such
explosive shall immediately be carefully collected and destroyed.
16.
Children and intoxicated persons.—No child under 15
years of age and no person who is in a state of intoxication shall
be employed on the loading,
unloading or transport of explosives, or be employed in or allowed to enter any
premises licensed under these rules.
17.
Competent person
to be in charge of operations.—Every person holding or acting under a licence
granted under these rules shall, whenever explosives are loaded, unloaded or handled, depute a competent person
experienced in the handling of explosives to be present at and to conduct the
operations in accordance with these rules.
18.
Precautions against danger from water or exposure to the sun.—(1) In the case of any explosive
which is liable
to be dangerously
affected by water due precautions shall at all times be taken to prevent
water from coming into contact with such explosive.
(2)
Packages containing explosives shall not be allowed to
remain in the sun.
19.
Special precautions against accidents
and the exclusion of unauthorized persons.—(1) No person shall commit any act which may tend to cause a five or explosion in
or about any place where
an explosive is manufactured,
stored, handled or transported :
Provided that
nothing in this sub-rule shall apply to any act which is reasonably necessary
for the purpose of the manufacture, storage or handling during transport of any
explosives or of any article present therewith.
(2)
Every person possessing explosives and every person in
charge of or engaged in the importation, manufacture, sale, transport or
handling of explosives shall at all times (a) comply with the provisions of
these rules and the condition of any licence relating thereto; (b) observe all
due precautions for the prevention of thefts and of accidents by fire or
explosion ; (c) prevent unauthorized persons from having access to the
explosives; id) prevent any other person from committing any such act as is
prohibited under sub-rule (1).
CHAPTER III IMPORTATION PART I—GENERAL)
20.
Application.-—'The
provisions of this chapter, excepting Rule 23, shall not apply
to the bringing into Pakistan in the course of transport of any explosive,
other than an explosive which
having been imported by sea at any port specified in Rule
22 has not been tested, analyzed or examined at that port as required by or
under these rules.
ARMS, EXPLOSIVES & FORENSIC BALLISTICS
21.
Licence and test certificate for import of explosives.—
(1) No explosive shall be imported except under and in accordance with the
conditions of a licence granted under these rules.
(2)
No licence for the import of an explosive shall be.
granted unless (a) the explosive, if of the 3rd (Nitro-compound) Class, or 4th
(chlorate-mixture) Class, is certified in From A by the testing officer have
passed the test set forth in Schedule III applicable to such explosive; and (b)
the explosive is certified to have passed such analysis or examination if any,
as the Chief Inspector or the Customs Collector at his discretion by order in
writing may require in order to determine its composition or condition.
PART II—IMPORTATION BY SEA
22.
Importation
by sea.—No explosive shall be
imported by sea except at
the ports of Karachi and Chittagong,] provided that (i)
an explosive may be imported at
the ports of
[Chalna and Khulna]
with the previous sanction of the
Central Government and
subject to such conditions and restrictions as it may in any particular case impose ; 2(ii) Chinese crackers may be imported at the
ports of 3[ Chalna and Khulna ].
23.
Declaration by master of ship or by the ship's agent.
(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 explosives
shall deliver to the pilot, before entering any port, a written declaration in Form B under his signature:
Provided that if, in anticipation of a ship's arrival, the
agent for such ship delivers to the Conservator of the port a written
declaration as aforesaid under his signature, no such declaration need be made
by the master of the ship.
(3)
Every
declaration delivered to a pilot
under sub-rule (2) shall be made over by
him without delay to Die Conservator of the part, and all
decoration; received by the
Conservator of the port
shall be forwarded by him, with all convenient
dispatch, to the Customs Collector of the port.
24.
Procedure for delivery of Samples from ship's
cargo,—(1) When the master of, or the agent for, a ship has made declaration
required by Rule 23, such officer as the Customs Collector of the port may
authorize in this behalf shall go on board the vessel and obtain samples of all
such explosives as it is intended to land at the port and are required by or
under these rules to be tested, analyzed or examined,
(2)
The master shall deliver to the officer referred to in
sub-rule (I) without charge samples of all explosives of which samples are to
be taken under the sub-rule. Such sample- shall, if the officer so requires, be
taken from the particular packages indicated by him.
(3)
If the taking of any samples under sub-rule (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.
25.
Dispatch of samples to the testing officer. (1) The
officer taking a sample of any explosive under Rule 24 Shall affix to it the
name of the ship, the name of the consignee: and such other distinguishing mark
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 or sign referred to in the sub-rule (2) of Rule 9-shall also be
affixed to the sample.
26.
Testing of samples.—(1) The testing officer shall test,
analysis or examine, as the case may be, the samples and shall without
delay forward to the Customs Collector a report in duplicate under his signature certifying whether the explosive
has satisfied the prescribed test, analysis or examination.
(2)
The Customs Collector shall, as soon as practicable and
ordinarily within twenty-four hours after receipt of the report of the testing
officer, forward one copy of it to the licensing authority.
27.
Production of licence for import.—Every person desiring
to import explosives shall produce,
personally or through his agent, before the Customs Collector his licence for
the import of such explosives.
28.
Permission of the Customs Collector to land
explosives.—(1) "No imported explosives shall be landed except with the
permission of the Customs Collector.
(2)
If the Customs Collector, after receiving the report of
the testing officer under Rule 26 and the licence for the import of such
explosive, and after making such further inquiries as he deems necessary, is
satisfied that the explosive can lawfully be imported, he shall permit it to be
landed.
(3)
Nothing in this rules shall affect the power of the
Customs Collector to detain the explosive under any other law for the time
being in force.
29.
Importation by sea in anticipation of the report of the
testing officer or grant of licence.—(l) Notwithstanding anything contained in
Rule 21 or
Rule 28 where the consignee furnishes to the Customs
Collector a written undertaking (without security or with such security as that
officer deems sufficient) that he will, in the event of the explosive failing
to pass- the test, analysis of examination referred to in Rule 21 comply with
such directions as to its disposal as the Chief Inspector, after consulting the
Conservator of the port, where necessary, may issue, the Customs Collector may
permit any authorized explosive specified in sub-rule (2) to be imported by sea
and landed in anticipation of the report of the testing officer of the grant of
a licence to import at any port at which the import of such explosive is
permitted under Rule 22. .
(2)
Sub-rule (I) shall not
apply unless, the authorized explosive—(a) if of British manufacture, is
certified by the manufacturer to be of British manufacture; or (b) if not of
British manufacture, (i) is imported from the United Kingdom and is covered by
a certificate granted by one of Hi
Majesty's Inspector of Explosives in the United Kingdom showing that it has
passed the United Kingdom tests; or (ii) is proved to the satisfaction of the
Central Government to have been manufactured under adequate official
supervision.
(3)
The permission granted under sub-rule (1) shall be
subject to the following conditions and such further conditions as the Customs
Collector may impose: (a) the explosive shall be conveyed to and stored in a
place or magazine properly licensed under these rules for the storage of the
class of explosive imported, and the consignee shall give notice of the storage
in such place or magazine to the District Authority in whose jurisdiction the
place or magazine is situated, (b) An explosive which is not of British
manufacture shall not be transported by rail until a licence to import such
explosive has been granted, (c) The explosive shall not be removed or
distributed from the place or magazine referred to in clause (a) until a
licence has been granted for its importation and until the person in charge of
the place or magazine has received notice in writing from the licensing
authority that it may be so removed or distributed. PART III—Importation by Land
30.
Importation by land.-—No explosive shall be imported by
land save with the previous sanction in each case of the Central Government and
under such conditions and restrictions as it may impose.
CHAPTER IV TRANSPORT
PART I—General
31.
Licence for transport and issue of passes.— (1) An explosive
shall not be transported except under and in accordance with the
conditions of a licence granted under these rules : Provided that nothing in
this sub-rule shall apply to (i) the transport of any explosives imported under
a licence in Form F, from the port of import
to the place of destination
specified in the licence; (ii) transport of any explosives in accordance
with the provisions of Rule 29; (iii) the transport of any explosives for the possession of which no
licence is necessary (see Rule 83); (iv) the transport by the holder of a
licence in Form J of any of the explosives covered by
his licence in such quantity as
he may require for his private use.
(2)
Every consignment of explosives transported under a
licence shall be accompanied by a pass issued by the licensee in Form II.
(3)
Such pass shall be attached to the way-bill; invoice or
dispatch is the case may be.
(4)
A copy of every pass issued under sub-rule (2) shall
forthwith be sent by the licensee—(i) to the licensing authority; and (ii)
to the
District in whose jurisdiction the place to which the consignment is
sent situated, when such authority is not the licensing authority.
32.
Explosives of different classes to be kept separate.—An
explosive of the 5th
(Fulminate) Class, or
an explosive of the 6th (Ammunition) Class
containing its own means of ignition, or an explosive of the 7th (Fire’ works) Class
shall not be transported in the same carriage or save as provided in Rule 49,
in the same vessel and shall not be conveyed or handled with any explosive not
of the class and division to which it belongs.
33.
Certificate of safety.--- (1) Before transporting
or tendering for transport an
explosive of the 3rd
(Nitro-compound) or of the 4th (Chlorate-mixture) Class the
consignor shall attach
to the consignment
a valid certificate in
Form A granted by
an Inspector of Explosives, or if the certificate is
granted at the time when the explosive
is imported, by
the testing officer or provided the original is produced for verification, a copy of such
certificate certified by the consignor to be a true copy.
(2)
The certificate referred to in sub-rule (1) shall be valid for a period of twelve months from
the date on which it is granted:
Provided that
in case of nitroglycerine compounds which are not used as propellants such
certificate shall laps; on the 31st July following and a fresh certificate may, at the
discretion of the Railway Administration concerned, be demanded for explosives
to be transported by rail during the period from 1st April to 31st July if the original certificate has
been granted earlier than the 30th September preceding.
(3)
A fee of [rupees five] shall be payable for a certificate granted or
renewed by an Inspector of Explosives under this rule;
Provided that
should the Inspector of Explosives issuing the certificate require a fresh test
of the explosive to be made, a fee of Rs. 16 shall be charged for such test.
34.
Transport in passenger carriages and vessel,—Saves as
otherwise expressly provided in these
rules no explosive shall be transported in any carriage or vessel plying
for or carrying passengers on hire.
35.
Maximum consignment allowed.—The quantity of explosive
transported shall not exceed—(i) 10,000
lbs. in any one railway wagon;
(ii) 4,000 lbs. in any one carriage
other than a railway wagon;
(iii) 50,000 lbs. in any one boat.
36.
Dispatch of explosive
to carrier.—(1) No person shall
dispatch any explosive to carrier for purposes of transport unless—
(a)
He has given to the carrier or his duly authorized
local agent or, in the case of Railway Administration, the Station' Master a
notice in writing—(i) of his intention to forward such explosives; (ii)
certifying that the explosive has been packed and marked in accordance with
Rules 8 and 9; (iii) stating the true name, description and quantity of the
explosive to be transported ; and (iv) giving his own name and address and the
name and address of the consignee ; and
(b)
he has received in reply an intimation in writing from
such carrier, agent or Station Master that he is prepared to receive the explosive
for immediate dispatch or for deposit in an authorized magazine or place at
which some person is licensed or otherwise authorized to receive it.
(2)
No person shall
bring, send or forward to or
upon any railway any explosive which a Railway Administration has by and notice
or regulation for the lime being in force notified that it will not receive.
37.
Place and
time of hading and unloading.—(1)
Every explosive shall be loaded and
unloaded at a safe
distance from station
buildings, dwelling houses, factories, public buildings and other
buildings or places where persons assemble or petroleum, timber or any oilier
inflammable material is stored or handled.
(2)
No operations connected with the loading, unloading and
handling of explosives shall be conducted between sunset and sunrise.
(3)
Nothing in sub-rules (1) and (2) shall apply to any
operation connected with the transport of explosives by a passenger train or by
a "pick up" or "van" goods train used for the transport of
small consignments or in the brake van of a mixed train.
38.
Carriage or vessel to
be in readiness for
loading.—No explosive shall
be brought on
to any place
of loading until the carriage or
vessel into which it is to
be loaded is at
the place in
readiness to receive it.
39.
Carriage or vessel to
be incharge of a
competent person.(i) A carriage
oilier than a
railway carriage, or
vessel transporting explosives shall at
all times be
in charge of,
and constantly attended by, a competent person experienced
in the handling of explosives and
appointed by the licensee.
(2)
The person in charge of a carriage or vessel shall not
drive, conduct or manoeuvre such carriage or vessel in a dangerous or negligent
manner.
40.
Protection from fire or explosion,—(1) No carriage or
vessel shall be used for transporting
explosives unless all iron or steel
therein with which a package containing any explosive is likely to come in contact
is effectually covered with lead, leather, wood, cloth or other
suitable material.
(2)
Where the weight
of the explosives transported in any carriage exceeds 2000
lbs., they shall be placed
in the interior of the carriage
which shall be enclosed on all sides
with wood or metal so as effectually to protect the explosives from
communication of fire and the carriage shall be locked.
(3)
Where the
weight of the explosives transported in any vessel
exceeds 2000 lbs. they shall be placed
in the hold of the vessel which shall
have a closed deck
and closely fitting hatches, double watertight bulkheads shall be
provided at each end of the hold
where the explosives
are stowed and the hatches shall be locked.
(4)
Where the explosives carried is any carriage or vessel do not exceed 1000
lbs. in weight, the explosives shall
unless they are conveyed in the
manner specified in sub-rule (2) or
sub-rule (3) as the case may be
completely covered with
fire-proofed cloth, or any other
suitable material so as effectually 10
protect the explosives from communication of fire.
41.
Delay in transit to be avoided.—If the quantity of
explosives transported in any
carriage or vessel exceeds five pounds, the person or persons
in charge of such carriage or vessel shall not stop or delay at any place for a
longer time than may be reasonably necessary, nor stop unnecessarily at any
place where such stopping would be attended by public danger.
42.
Safety distances between carriages or boats.—
Where the explosives in two or
more carriages or in two or more boats traveling in company
exceeds the maxima prescribed in Rule 35
for any one
carriage or boat, such carriages
or boats shall not approach within fifty yards of one another provided that (a)
nothing in this rule shall apply to
the transport of explosive by rail; (6) the Conservator
of the port may waive the
requirement of this rule within the limits of port if in his opinion
it is impracticable to secure
compliance with it.
43.
Repairs to conveyance, any repairs or alterations are
commenced to any part c" a
carriage or vessel
in which explosives are being
or has been transported, all
due precaution shall
be taken lo remove
all such explosives, or any
remnants thereof, and the space in such carriage or vessel in which such explosives have been
carried shall be thoroughly washed out to ensure that no remnants of
explosives remain therein.
44.
Small quantities of fireworks exempted.—-Nothing contained in Rules 34, 39 and 40 shall apply
to the transport of manufactured fireworks in the custody of a person entitled
to possess them without a licence under Rule 83 (b) : provided that not more
than five pounds of manufactured fireworks
shall be so transported in any
motor vehicle licensed for the conveyance of more than six passengers.
PART II—TRANSPORT BY WATER
45.
Notice of loading on or unloading from ships. — No
explosive shall be loaded on or unloaded from a ship within the limits of a
port unless 48 hours notice in writing of the intended time and place of such
operation has been given to the Conservator of the port.
46.
Responsibility of a person incharge
of a vessel.—Whenever any explosive is
being loaded into
or unloaded from a vessel, the person in charge of the
vessel, or some responsible person deputed
by him for-this purpose, shall
be present at and shall supervise such loading or
unloading, and shall take all due precautions in regard to such explosive until
the completion of the receipt and stowage or discharge thereto.
47.
Steamer fires and lights.—No explosive shall be loaded on or unloaded from any
ship—(a) unless the engine-room fires have been previously
carefully banked up, and other
fires and lights extinguished; or (b) while the ship is attached to or along side of any
steam vessel or steam tug", unless the engine-room fires of such
steam vessel or
steam the have previously been carefully banked up and
all other fires and light have
previously been extinguished:
Provided that
nothing in this rule shall prevent the employment of any artificial light or
ship's signal lights of a type approved
in writing by the Chief Inspector in areas outside port limits and by
the Conservator of the port within port limits.
48.
Stowage.—No
explosive shall be stowed in a
ship except in accordance with the regulations issued from time to time
by the Board of Trade to regulate the carriage of dangerous goods and
explosives in ships.
49.
Conveyance of explosives on unberthed passenger
ships.—Any
authorized explosive satisfying the requirements of clauses (a) and (b) of subrule (2) of Rule
21 or those of clauses {a) and (b) in sub-rule (2) of Rule 29 may be
transported in a properly constructed magazine on an
unberthed passenger ship to which Part IV of the Indian Merchant
Shipping Act, 1923 (XXI of 1923), applies, being a home-trade ship as defined
in subsection (3) of section 2 of the said Act or plying to ports
in the Persian Gulf : Provided that—(a the consignor satisfies
the certifying officer
referred to in section 157 of the Indian Merchant Shipping Act, 1923 (XXI of 1923) that no
other means of conveying the explosives
are available ; (b) the magazine complies
in all respects with the
specification for magazines in ships
laid down by the Board of Trade and is
approved by Surveyors of the Mercantile Marine
Department; (c) the explosives are packed and marked as laid down
in these rules and stowed in such manner as a Chief Inspector may by general or
special order direct ; (d) detonators are not carried in the same hold as other
explosives ; and (e) the hold containing the magazine does
not contain any other hazardous or inflammable goods at any time during
which the magazine is in use for the carriage of explosives.
50.
Conveyance of explosives on passenger vessels.—(1) The
following explosives may be carried in a passenger vessel—(a) any explosive not
exceeding 5 lbs. in weight, other than a fulminate (Class 5) ammunition
containing its own means of ignition (Class 6, Division 3), fireworks (Class 7)
and (b) detonators not exceeding 200 in number and certified in writing by the
licensee not to contain in the aggregate more than 8 ozs. of explosive:
Provided that—(i) previous notice is given to the person in charge of the vessel in which the explosive
is intended to be conveyed ; (ii) all
due precautions are taken to prevent accidents by fire or explosion; (iii)
detonators are not carried in the same compartment as other explosives.
(2)
Nothing in Rules 37 (2), 39, 47, 51 to 55 and 58 shall
apply to explosives carried in a passenger vessel under sub-rule (1).
51.
Anchorage of vessel carrying explosives.—(1) Every
vessel having explosives on board and entering a port shall be anchored at such
anchorage as the Conservator of the port shall appoint in this behalf and shall
not leave such anchorage without the general or special order of the
Conservator of the port and subject to such conditions as may be specified in
the order.
(2)
Such anchorage shall in no case be the same as that for
vessels laden with petroleum (such distance from the anchorage fox vessels
laden with petroleum as so render it impossible for a fire originating at the
former anchorage to affect vessels anchored at the latter.
52.
Red flag or warning light to be exhibited.—Every vessel
having explosives on board exceeding 100 lbs, in weight shall, while approaching leaving a port and during the
time, that it remains within the limits of the port or on any inland waters,
exhibit conspicuously— (a) between sunrise and sunset, a red flag not less than
three feet square and (6) between sunset and sunrise, a signal red light
visible all round the horizon.
53.
Vessels to lie singly,—-Every vessel wholly or
partly laden with explosives
shall lie singly and be kept at a distance of at least fifty yards from any
other vessel except during the actual transshipment of explosives, when one boat may tie alongside on each
side of a ship, boat or floating magazine and two ships may lie
alongside each other.
54.
Hatches to be closed and covered,—The hatches of any
vessel having any explosive on board
shall be kept closed except when the operation of loading or unloading is being
actually performed and, when closed, shall be covered with tarpaulin or raw
hides, securely battened down and locked,
55.
Vessels not to lie alongside magazines, jetties,
etc.—No vessel having any explosive on board shall lie alongside any vessel,
floating magazine, quay, wharf, jetty, land or landing stage except for the
purposes of loading or unloading and then only during the time necessary for
actual loading or unloading, of such vessel and shall proceed on its voyage
without delay except such delay as may be unavoidable in consequence of tide or
weather.
56.
Loading and unloading prohibited while a vessel is
under way.—No explosives exceeding 1000 lbs.
in weight and no detonators shall be loaded or unloaded while a vessel
is under way.
Explanation.—A
vessel is "under way" when she is not at anchor or moored or made
fast to the shore or aground.
57.
Place of loading and unloading within a port area.—Explosives
shall within the limits of a port be loaded from, landed at, brought into, or
deposited upon only such quay or other place as the Conservator of the port may
by general or special order direct.
58.
Cushion to be used.—A cushion, properly stuffed with
oakum and covered with leather and fitted with slings, or one of such kind as
the Conservator of the port may from time to time approve, shall be used in
shipping an explosive in any vessel or in landing it upon any wharf or other
landing place within the limits of a port.
59.
Ships to handle explosives with dispatch.—(1) Ships
arriving in a port with explosives intended to be landed at that port shall
discharge them with all reasonable dispatch, and ships taking explosives
onboard shall proceed to with all reasonable dispatch.
(2)
No ship or boat shall retain on board any cargo of
explosives and remain in the port for a period longer than three days unless
such period is, under special circumstances, extended by the Conservator of the
Port.
60.
Boats to he licensed.—(1) No boat shall be used for the
transport of explosives exceeding 2000 Its in weight except under and in
accordance with the conditions of a licence granted— (c) by the Conservator of
the port in the case of a boat plying-within the Hunts of a port, or (b) by an
officer appointed by the Central Government in his behalf in the case of a boat plying in areas outside
port limits,
(2)
The licence shall specify the maximum quantity of
explosives the boat is authorised to carry, which quantity shall be fixed
in consultation with the Chief Inspector.
(3)
Every licence granted under sub-rule (1) shall remain
valid for a period of (a) four months in the case of a boat plying within
the limits of a port, and {b) one year
hi the case of a boat plying in areas outside
port limits.
(4)
The licence referred to in sub-rule (1) shall be
granted or renewed in such form and on payment
of such fees as
may be specified by the Central
Government,
(5)
Every person in charge of any boat-licensed under
sub-rule (1) shall, when required so to do by any officer mentioned in Rule
106, produce the licence of such boat for
inspection.
61.
Buoy to be carried.—(1) Every boat carrying explosives
within the limits of a port shall carry on deck a buoy with 15 fathoms of
3" rope, one end of the rope being attached to the buoy and the other end
to the boat. The rope shall be attached
to such part the boat as is most clear of spares, gear or other
obstruction and at such point as is
approved by the licensing, authority under Rule 60.
(2)
The buoy shall be a drum painted and
measuring not less than 1.9" MI length and 1.2" in
diameter, properly strapped with
an iron band in the middle and
having a ring attached for securing the rope.
62.
Smoking, fire, dangerous article and other cargo
prohibited.—The following shall not be permitted on board any boat which has explosives on board : (i) fire or light
of any description other than the warning light referred to in Rule 52 ; (ii)
smoking, (iii) any substance of an inflammable nature or liable to spontaneous ignition; (iv) any substance liable to cause or communicate fire or explosion ;
(v) any
other cargo, unless the carrying of such other cargo has
been specially authorised
in writing by the Conservator of the port within port limits or by the
Chief Inspector in area outside port limit :
Provided that
nothing in this rule shall apply to the transport of explosives in a
mechanically propelled boat subject to such conditions as may be specified by
the Chief Inspector.
PART III-TRANSPORT BY LAND
63.
Streets
and public places—(1) No person shall
transport or cause to be
transported any explosive in any street or public place within the limits of a municipality or
cantonment except under and in accordance with the condition of a written
permit granted by the District Authority.
(2)
Nothing in sub-rule (1) shall be held to authorise the
transport, in sue'' street or public place, of— (a) any explosive of the 5th (Fulmirate) Class; or
(b) any prohibited explosive; or (c) any detonators together with any other
explosive.
(3)
Every permit
granted under sub-rule (1) shall
specify (a) the maximum of each explosive permitted to be transported at any leaving a port and during
the time, that it remains within the limits of the port or on any inland
waters, exhibit conspicuously— (a) between sunrise and sunset, a red flag not
less than three feet square and (6) between sunset and sunrise, a signal red
light visible all round the horizon.
53. Vessels
to lie singly,—-Every vessel wholly or
partly laden with explosives
shall lie singly and be kept at a distance of at least fifty yards from any
other vessel except during the actual transhipment of explosives, when one boat may tie alongside on each
side of a ship, boat or floating magazine and two ships may lie
alongside each other.
54. Hatches
to he closed and covered,—The hatches of any vessel having any explosive
on board shall be kept closed except
when the operation of loading or unloading is being actually performed and,
when closed, shall be covered with tarpaulin or raw hides, securely battened
down and locked,
55. Vessels
not to He alongside magazines, jetties, etc.—No vessel having any explosive on
board shall lie alongside arty vessel, floating magazine, quay, wharf, jetty,
land or landing stage except for the purposes of loading or unloading then only
during the time necessary for actual loading or unloading, of such vessel and
shall proceed on its voyage without delay except such delay as may be
unavoidable in consequence of tide or weather.
56. Loading
and unloading prohibited while a vessel is under way.—Nq' explosives
exceeding 1000 lbs. in weight and no detonators shall be loaded
or unloaded while a vessel is under way.
Explanation.—A
vessel is "under way" when she is not at anchor or moored or made
fast to the or aground.
57. Place
of .loading and unloading within a port area.—Explosives shall within the
limits of a port be loaded from, landed at, brought into, or deposited upon
only such quay or other place as the Conservator of the port may by general or
special order direct.
58. Cushion
to be used.—A cushion, properly stuffed with oakum and covered with leather and
fitted with slings, or one of such kind as the Conservator of the port may from
time to time approve, shall be used in shipping an explosive m any vessel or in
landing it upon any wharf or other landing place within the limits of a port.
59. Ships
to handle explosives with despatch.—(1) Ships arriving in a port with
explosives intended to be landed at that port shall discharge them with all reasonable despatch,
and ships taking explosives onboard shall proceed to sta with all reasonable
despatch.
(2) No ship or
boat shall retain on board any cargo of explosives and remain in the port for a
period longer than three liays unless such period is, under special
circumstances, extended by the Conservator of the Port.
50. Boats to he licensed.—(1) No boat shall be used for the
transport of explosives exceeding 2000 Its. in weight except under and in
accordance with the conditions of a licence granted— (c) by the Conservator of
the port in the case of a boat plying-within the Hunts of a port, or (b) by an
officer appointed by the Central Government in his behalf in the case of a boat plying in areas outside
port limits,
(2)
The licence shall specify the maximum quantity of
explosives the boat is authorised to carry, which quantity shall be fixed
in consultation with the Chief Inspector.
(3)
Every licence granted under sub-rule (1) shall
remain valid for a period of (a) four months in the case of a boat
plying within the limits of a port, and
{b) one year hi the case of a boat plying
in areas outside port limits.
(4)
The licence referred to in sub-rule (1) shall be
granted or renewed in such form and on payment
of such fees as
may be specified by the Central
Government,
(5)
Every person in charge of any boat-licensed under
sub-rule (1) shall, when required so to do by any officer mentioned in Rule
106, produce the licence of such boat for
inspection.
61. Buoy
to be carried.—(1) Every boat carrying explosives within the limits of a port
shall carry on deck a buoy with 15 fathoms of 3" rope, one end of the rope
being attached to the buoy and the other end to
the boat. The rope shall be attached to such part of the boat
as is most clear of spares, gear or other
obstruction and at such point as is approved by the licensing, authority
under Rule 60.
(2)
The buoy shall
be a drum painted and measuring not less than 1.9" MI
length and 1.2" in diameter, properly strapped with
an iron band in the middle and
having a ring attached for securing the rope.
62. Smoking,
fire, dangerous article and other cargo prohibited.—The following shall not be
permitted on board any boat which has
explosives on board : (i) fire or light of any description other than the
warning light referred to in Rule 52 ; (ii) smoking, (iii) any substance
of an inflammable nature or liable to
spontaneous ignition ; (iv) any
substance liable to cause or communicate
fire or explosion ; (v) any other
cargo, unless the carrying of
such other cargo has been
specially authorised in writing by the Conservator of the port
within port limits or by the Chief Inspector in area outside port limit :
Provided that
nothing in this rule shall apply to the transport of explosives in a
mechanically propelled boat subject to such conditions as may be specified by
the Chief Inspector.
PART HI-TRANSPORT BY LAND
63. Streets and
public places—(I) No person shall
transport or cause to be
transported any explosive in any street or public place within the limits of a municipality or
cantonment except under and in accordance with the condition of a written
permit granted by the District Authority.
(1) Nothing in
sub-rule (1) shall be held to authorise the transport, in sue'' street or
public place, of— (a) any explosive of the 5th (Fulmirate) Class; or any
prohibilcd explosive; or (c) any detonators together with any other explosive.
(3) Every permit
granted under sub-rule
(1) shall specify
(a) the maximum of each explosive permitted to be
transported at any loaded or unloaded at or on any railway station or
wharf, or be attached to or transported by any one train.
(2)
The quantity of explosive to be contained or loaded in
any one such carriage shall at no time exceed 10,000 lbs. in weight in the
aggregate.
71.
Prohibition on passenger or mixed trains.—No explosive
shall be transposed by any passenger or mixed train.
72.
Despatch of explosive vans by mixed trains.
–Notwithstanding anything contained in Rule 71 any explosive may be transported
by a mixed train in vans specially approved under Rule 66 on any line or
section on which goods trains are not running subject to the following
conditions—(a) not more than three such vans containing explosives shall be
hauled at any one time ; (b) there shall be not less than three carriages
between the vans containing explosives and the engine and between such vans and
the passenger carriages ; (c) the vans containing explosives shall be
close-coupled to the adjoining carriages and to each other; (d) immediately on
entering any section upon which goods trains are running the vans containing
explosives shall be detached from the mixed train.
73.
Conveyance of explosives by passenger or mixed
trains.—Notwith-
standing anything
contained in Rules 66 and 71 the
following explosives may be
transported by passenger
or mixed trains— (i) Safety fuzes
for blasting ; (ii) explosives of the 3rd (Nitro-compound) Class,
other than propellants, in the
form of cartridges not exceeding in the aggregate 5 lbs. in weight, provided no
detonators are carried in the same
compartment ; (iii) detonators
to the number of 200 if the
amount of explosive in the package or packages
containing the detonators does not exceed in the aggregate 8 oz. : provided— (a) a
certificate to such effect is tendered by the consignor, and (b) no other
explosive is carried in the same compartment ; (/v) sporting powders and
propellants packed in double packages prescribed in Schedule II ; provided— (a)
the explosive is contained in tin canisters containing not more than 5 lbs.
each packed in a stout wooden case with a completely spark-proof outer cover of
tin of zinc or in a
metal case or cylinder of a pattern approved by
the Chief Inspector, (b) no outer
case contains more than 25 lbs. of explosive ; and (c) the total
consignment by one train does not
exceed in the aggregate 75 lbs.
74.
Receipt of consignment of explosives by railways— Consignments of explosives intended
to be transported by rail shall be received only— (a) by a servant authorised
by the Railway
Administration concerned to receive dangerous goods ; and (b)
at such times
between sunrise and sunset and
at such places within railway premises as the Railway Administration may
specify in this behalf.
75.
Stowing of
explosives.— (1) All packages
containing explosives shall be
stowed in one layer only and shall be secured in such as to prevent movement
during transit when the
carriage. Provided, that, if the packages of explosives are rectangular in
form and are properly secured so as to
prevent pavement Muring transit, they may be stowed in any number of
layers not exceeding.
(2)
Hair cloth, hides or other suitable materials shall be
spread on the floor of the carriage and between each layer of packages.
(3)
There shall not be conveyed in (he same carriage with
any explosive any matches or fuzes, any appliance for producing ignition or any
other article or substance of an inflammable nature or liable to cause fire OJ
explosion, such as petroleum, carbide, compressed gases and acids.
76.
Shunting.—No shunting
of carriages containing
explosives shall be carried out on any railway save under the
superintendence of a duly authorised
officer who shall be responsible that-(n)
when the
train is being carriages loaded with
explosives shall not be shunted by a locomotive unless they are
separated from any engine by not less
than three carriages containing no explosive or easily inflammable
substance ; (b) during the shunting of carriages containing explosives the speed of all movements shall
not exceed five miles an hour ; and (r)
no loose shunting takes place.
77.
Delivery
to and from railway premises—{!) Packages containing any
explosive shall be
removed by the consignee from the station, -wharf or depot of the
railway to which they have been
transported, as soon as practicable and with all due diligence
after arrival.
(2)
If the packages are not removed within twelve hours of
daylight following their arrival, the
packages and contents may be forthwith returned lo the consignor at his
risk and expense.
(3)
Every
package containing an
explosive shall, until removed,
returned or dispatched, be kept in a safe place under the special direction of the Station Master at a safe
distance from the station
buildings under a police guard if necessary and shall be completely covered
with tarpaulins or other suitable material.
78.
Powers of
Railway Administration. (1) Where a Railway Administration suspects that an
explosive of carriage or package containing an explosive does not comply with
any of these rules, the Administration may—(a) prevent the entry of such
explosive, carriage or package upon
their premises or refuse to receive or transport them; or (b) at any time open or
require such carriage or package to be
opened to ascertain the facts.
(2)
If any explosive or any carriage or package containing
explosives is found not to comply with any of these rules, the Railway
Administration may return such explosive, carriage or package to the consignor;
this risk and expense.
(3)
Where any explosive
or any carriage or package
containing explosives not complying with these rules cannot in the
opinion of the Railway Administration be returned to the consignor under
sub-rule (2) without undue risk, the Administration may, in consultation with
the Chief Inspector and in such manner as he may specify, destroy al
the consignor's risk and expense the explosive or the contents of the carriage
or package.
79.
Explosives not to be carried across railway bridges.—No
explosive shall be carried otherwise than by rail across
any railway bridge across which
reasonable facilities for the transport thereof by rail and traded by the
Railway Administration :
Provided that
nothing in this rule shall apply to— (a)
safety fuzes for blasting, in any
quantity; (b) gun-powder,
or nitor-compounds, 'or Class 6, divisions 2 and 3, in any quantity not exceeding 5 lbs. ; or (c) fireworks not exceeding 10
lbs.
80.
Conveyance of Chinese crackers.—\n the case of the
transport by rail of Chinese crackers, Class 7.
divisions, and provided
that all due precautions are taken to prevent explosion, the provisions of
rules 40 and 66 may be relaxed during the
period from July to March
inclusive under an order or the District Traffic Officer when the number or
size of consignments offered is such that, in his judgment serious delay would be caused by the
observance of such rules.
CHAPTER V – MANUFACTURE, POSSESSION AND
SALE
81.
Licence for
manufacture, tire, possession, use
and sale.—(1) No explosive shall
be manufactured, possessed,
used or sold except under and in
accordance with the conditions of a
licence granted under these
rules.
(2)
The licensee shall be responsible for all operations in
connectic with manufacture, possession or sale of explosives which may be
conducted in the licensed premises.
82.
No licence needed for
manufacture in certain
cases.—Notwithstanding anything contained in Rule 81, no licence to
manufacture shall be necessary—
(a) for the making ofasmali
quantity of explosive for the '. purpose
of chemical experiment and not for sale
or any other use ; or (6) in the case
of any person authorised under these
rules to possess
an explosive who by filling
cartridges, making charges or drying, shifting, fitting or otherwise,
adapts or prepares such explosive for use exclusively for blasting purposes in
his mine or quarry or in some
excavation or work carried on by him or under his control.
83. No licence needed for possession in certain
mves.—Notwithstanding anything
contained in Rule 81, 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 the transport of such explosive ;
or
(b)
by any person, of manufactured fireworks in any
quantity not exceeding 50 lbs., 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 fourteen days, (ii) arc kept in a
substantial receptacle which is exclusively appropriated to the keeping of
explosives and is closed and secured so as to prevent unauthorized persons from
having access to explosives
; or
(c)
by any person for his own private use and not for sale
of gunpowder not exceeding 30 lbs,, or of small-arm1 :tn>compound not exceeding JO lbs., or
(d)
by a Railway Administration of flare lights for use on
railway ; or
(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
'.herein or for to that aircraft or to
aerodromes, or at any aerodromes
for use there or for distribution to aircraft or to other aerodromes : provided
that maximum quantity so possessed shall not exceed 50 lbs., when carried ill
an aircraft and 100 ibs when kept at an acrodromc.
CHAPTER VI - LICENCES
64. Application for licence.—
(i) A person desiring to obtain or to renew a licence under these rules shall
sub-mil au application in writing to the authority empowered to grant such a
licence:
Provided that wheic the licensing
authority is the Central Government the application for the licence shall be
submitted through the Chief Inspector.
(2)
The
application shall be signed by the applicant himself or by a
person authorised by him in writing
in this behalf and shall, in the latter
case, be accompanied by such authorisation.
(3)
livery application for the grant or renewal of licence
to manufacture or possess explosive, shall be
in Form C, and shall be
accompanied by a plan in
duplicate, drawn to
scale, of the proposed
magazine or factory and of the
site, showing the boundaries thereof and except in the ease of an application for a licence in
Form J or K specifying the matters
referred to in Note (1) below Form C.
85. Grunt
of licences.—(i) Licences may be grunted by the authorities set forth in
Schedule IV in the forms, for the purposes and on payment of the fees specified
therein : Provided that—{a) no licence shall be granted to any person undcrthc
age of 18 years ; {b) no new licence in Form L or under Article 8 of Schedule
IV shall be granted unless the provisions of Rule 86 have been complied with.
(2) A licence
in Form F may be granted for such period not exceeding twelvemonths as the
licencing authority may
deem necessary. Evciy other licence granted or
renewed under these rules
shall remain m force until the 3lsl day of March
following the dale on which the
licence is grautcd or renewed :
Provided that
every licence in force on the 31st December 1940 other than a licence for the
import of explosives shall continue to remain in force until the 31 st day of
March 1941
(2-A)
Notwithstanding anything contained in sub-rule (2;, the licensing authority
may, if it is satisfied that a licence is required for a specific work of
national importance and & period,
Provided that
an Inspector of Explosives shall not grant such a licence without the
concurrence of the Chief Inspector of Explosives, if a certificate is not
obtained from the District Authority under sub-rule (3)].
(3) Where the
licensing authority is the Chief Inspector or an Inspector of Explosives, an
applicant for a new licence in
Form may apply to the District Authority for a certificate to the
effect that there is no objection to the applicant receiving a
licence for the site proposed and the District Authority shall, if he sees no
objection, grant such certificate to the applicant who may forward it to the Chief Inspector or the
Inspector of Explosives, as the case may be, with his application in Form C.
inserted by Central Government Notification No.
S.R.O. 513, dated October 195y in Rule 35, published
hi Gazette, dated 30th October 1959.
(4) The Chief
Inspector or the Inspector of Explosive a;, the; ease maybe may the application
not accompanied by a certificate granted under subrule (3) to the District
Authority for his observation.
(4-A) Nothing
in sub-rule (3) or sub-rule (4) shall be deemed to qujrc an application for the
grant of a licence for a site for which a licence was previously granted and
has expired to be accompanied by a" certificate granted under the said sub-rule
(3).
(1) If the
District Authority, cither on a reference being made to him, or office intim Se
to the CLF Inspector of may be, that any licence which has been applied. We
Sanct on opinion be granted, such licence shall not be issued without the sanction of the Central Government.
(6)
In the case of a licence granted
for manufacture or one
copy of the plan or
plans of the premises s agned m token approval by the
licensing authority shall be and one copy shall be filed for
record in the office of the authority.
(7)
No licence shall be granted for the import of
explosives unless the importer holds a licence for the possession of such
explosive :
Provided that
this sub-rule shall not apply in cases where the explosive imported—(i) is not
intended to be stored at the port of import but is intended to be transported
direct to a territory not being part of
British India ; or (it) can' be possessed without a licence under Rule 83.
86. Procedure
to be observed before a licence for a factory or magazine* is granted.-(l) The
grant of a licence in Form L or under Article Sot Schedule IV will be (/) in
the case of a licence in Form L (a) where the quantity of explosive for which a licence is proposed
to be granted docs not exceed 200 lbs.
according to the procedure laid down in sub-rule w of this rule and
sub-rules (3), (4) and (5) of Rule 85,
and (6> where the quantity exceeds
200 lbs., according to the procedure laid down in sub-rules (2)
to (9); (ii), in the case of licence under Article 8 of Schedule IV, according to the procedure
laid down in sub-rules U) to and (10).
(2) If the
application submitted for a licencc in Form L or under Article 8 of schedule IV
is in proper form, the Chief Inspector shall security the plans
accompanying the application and forward
to the applicant a statement in Form D showing the
distances which should, in his opinion,
be kept clear in and round the factory or magazine premises or any part thereof and from other buildings
and works. On receipt of the statement
the applicant shall enter therein
against each item the exact distance
which can actually be so kept clear, shall sign the and shah return it together with any
representation which he may desire to make to the Chief inspector,
(13) After considering
any representation made by the applicant when returning the statement, the
Chief Inspector shall refer the application to the District Authority concerned
together with a draft licence and a statement in Form E showing the distances
which he considers should be kept clear in and round the factory or magazine.
Provided that in case of a licence under sub-rule (2-A) of
Rule 85, the
Chief Inspector of Explosives need
not make any such reference to the District Authority.]
(4)
Upon receipt of the said application the District
Authority shall forthwith cause notice to be published of such application
and of the time and place at which he
will be prepared to hear it, and calling upon
any person objecting to the
establishment of the factory
or magazine on the proposed site, to give notice of such objection to
him and to the applicant not less than seven clear days before the day fixed for hearing the application,
together with his name, address and calling and a short statement of the
grounds of his objection. The day of
hearing the application shall be a day following as soon as practicable after
the expiration of the period of one month referred to in subrule (6).
(5)
Where the site of the proposed factory or magazine lies within, or within one mile
of the limits of, the jurisdiction of
any municipal or port authority, the applicant shall prepare, for service on
such authority, a notice of the application and of the said day of hearing.
(6)
The notice under
sub-rule (4) shall
be published and the notice
under sub-rule (5) served, at the
expense of the applicant, by the District Authority, not less than one
month before the said day of hearing.
(7)
On the day fixed for the hearing or any day to which
hearing may be adjourned from time to time, the District Authority shall hear
any objection preferred in accordance with sub-rule (4) and by any authority
referred to in subrule (5). and shall make such inquiry as he may deem
necessary.
(8)
On completion of the inquiry the District Authority
shall forwardly the application, statement and plans to the Chief Inspector
together with a report stating whether he has any objection (a) to the
applicant receiving a licence at the site proposed : (b) to the
manufacture or storage of the
explosive in question in his district.
(B-A) Nothing
in this rule shall be deemed to require an application for the grant of a
licence for a site for which a licence was previously granted and has expired
to be accompanied by the report of the District Authority3 and
(9)
Where the application is for a licence in Yorm L and
the District Authority objects to the grant of the licence on any of the
grounds specified in sub-rule (8), no licence shall be granted by the Chief
Inspector except with th? sanction of the Central Government.
(10)
Where the application is for a licence under Article 8
of Schedule
IV, the Chief Inspector shall
submit the application, together with the report of the District Authority
thereon and a draft licence containing the conditions which the Chief Inspector
considers suitable, to the Central Government which may instruct the Chief
Inspector (a) to grant the licence with such modifications or restrictions (if
any) as it many consider suitable or (A) to reject the application.
87. Procedure
on grant of licence for factory or magazine.—(1) A copy of every licence
granted by the Chief Inspector in Form
I or L or under Article 8 of Schedule IV
shall he forwarded to the District Authority, and the original licence shall be
forwarded to the Inspector of explosives in whose circle the premises
are situated.
(2)
If the Inspector of Explosives is satisfied that all
the conditions prescribed in the licence in regard to the factory or magazine have been complied with, he
shall forthwith endorse the licence, but
unless and until so endorsed, the licence shall not come into force :
[Provided that
the Chief Inspector of Explosives may, if he is satisfied that the explosives
are required for urgent necessity or that in roming into force of the licence
is likely to cause substantial loss to the licensee, permit the licence to come
into force immediately.]
(3)
If an Inspector of Explosives decides not to
endorse a licence he shall immediately return, the licence to the Chief
Inspector together with a statement of
his reasons for not endorsing it.
(4)
On receipt of the statement referred to in.sub-rule (3)
the Chief Inspector shall after making such enquiry, if any, as he may consider
necessary, communicate his decision to the District Authority and also, in the
case of a licence under Art kle 8 of Schedule IV, to the Central Government.
88. Particulars
of licence.—Every licence granted under these rules/ shall be held subject to
the conditions endorsed on it
and shall contain r all the
particulars which are contained in form prescribed for it by these' rules..
89. Power
of licensing authority to
alter conditions.—(I) Notwithstanding anything contained in Rule 88
the licensing authority may omit, alter
or add to any of ihe conditions
specified in the prescribed form of licence.
(2) The power
conferred by sub-rule (1) shall nor be exercised by any licensing authority,
other thaii the Central Government, without the prior consent of the Chief
Inspector.
90. Amendment
of licence. —(I-) Any licence
granted under these rules may be amended
by the authority
empowered to grant
the licence :
Provided that (a) ( he pmendmenis sri"!! not be
inconsistent with any
1.
Inserted "by Ceatral Government Notification No. S. R. Q. 513, dated 2fth
October 1951
in sub-rule (2) of Rule 87, published in Gazette 1953, is this chapter (c) no
licence under Article 8 of Schedule IV shall be amended except with sanction of
the Central Government.
(2)
A licensee who desires to have his licence amended
shall submit it to the licensing authority with an application stating the
nature of the amendment and the reasons therefore.
(3)
The fee for the amendment of a licence shall
be two rupees plus the amount (if any) by which the fee that would have
been payable if the licence had
originally been issued in the amended
form exceeds the fee originally paid
for the licence :
Provided that no fee shall be chargeable
in the case of amendments made to licences m Form J,
issued to cultivators.
91. Renewal
of licence,—(\) A licence may be renewed by the authority empowered to grant
such licence, provided that a licence which has been granted by the Chief
Inspector may be renewed without any alteration by an Inspector of Explosives
duly authorised by the Chief Inspector in this behalf,
(2)
The Inspector
of Explosives authorised by the Chief Inspector under sub-rule (1).
may, and
when so required by the Chief Inspector, "hall
require the licensee to follow the procedure laid down in sub-rule (2)
"Rule 86 before renewing a licence
in Form L or under
Article 8 of Schedule IV.
(3)
Every application for title renewal of a licence shall
be made '[s0 as
to reach the licensing authority] not less than thirty days before the dale on
which the licence expires and if the
application is so made. the licence shall
be held 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 refused has been communicated to the
applicant.
a[(3) Every application
under sub-rule (3) shall be accompanied by the licence which is to be renewed
together with the approved plan attached thereto and the original treasury
receipt showing the deposit of the correct renewal fee under the correct head
of account.]
(4)
The same fee shall
be charged for the renewal of a licence" as for the grant thereof,
provided that if the application for renewal
is not received within the time specified in sub-rule (3), the licence shall be renewed only on payment
of double the fee ordinarily payable licence.
92. Refusal
of licence.—(\) A licensing authority, other
than the Central Government, refusing to grant, amend or renew a
licence, shall, record its
reasons for such refusal in writing.
(2) A copy of the order containing the
reasons for such refusal shall be given to the applicant on payment of a fee of
J[ mpees three
].
93. Cancellation
of licence.—(1) Every licence
granted under these rules shall be liable to be
cancelled by order of the
licensing authority For any contravention of the Act
or of any rule
thereunder, or of any condition
contained in such licence, or by order of the Central Government if at any time
the continuance of the licence in the hands
of the licensee is deemed objectionable.
(2)
A
licensing authority, other
than the Central
Government, cancelling a licence shall record its reasons for so doing
in writing.
(3)
A copy of the order containing the reasons for the
cancellation of a licence shall be given to the holder of the licence
on payment of a fee of '[rupees
three].
94. Procedure
on expiration or cancellation
of licence.—(1) Person licensed to
manufacture, possess or sell
any explosive shall, on the expiration or cancellation of in licence forthwith give notice to the District Authority of the description and
quantity of explosives in his possession
and shall comply with any direction which the
District Authority may, on the recommendation of the Chief Inspector, give in regard to their disposal.
(2)
The District Authority may grant for a term
not exceeding three months from
the date of such expiration or cancellation,
as the case may be, ,i feniporary licence for the possession or sale of
I he explosives actually held at the time of the issue of the temporary licence
:
Provided that
where the expired ot cancelled licence was granted by an authority other than
the District Authority, no temporary licence shall be granted without the
previous consent of such other authority.
(3)
The fee chargeable on a
licence granted under sub-rule (2) shall bear the same
porportion to the fee- Charged on the
expired or cancelled licence as the period
covered by the
temporary licence bears to a
full year.
95. Appeals.—(1)
An appeal against any
order refusing to
grant, amend or renew a licence,
or cancelling a
licence shrill He.— (!) if the
order is passed by the Chief Inspector
to the Central Government ; (it) if the order is passed by
the District Authority, to the immediate official superior of that
Authority ; and (///) if the order is nassed by the Inspector of Explosives, to
the Chief Inspector.
(2) Every
appeal shall be in writing, shall be accompanied by a copy of the order
appealed against and sliall be presented within sixty days of the date of such
order if preferred to the Central Government, and within thirty days in all
other cases.
Procedure on
death or disability of licensee.—(1) If a licensee die: or becomes insolvent or
menially incapable or otherwise disabled, the person carrying on the business
of such licensee shall not be liable to any penalty or confiscation under the
Act or these rules for exercising the lowers granted to the licensee by the
licence during such time ns may reasonable be
required to .allow him
to mate application
for a new licence ID his own name for
the unexpired portion of the original licence.
(2) A fee of
one rupee shall be charged for a new licence for the unexpired portion of an
original licence granted to any person applying for it under this rule :
Provided that no fee shall be
charged on a new licence in Form J granted to a cultivator.
*[97. Loss of licence—(1) Where a licence granted under
these rules or an authenticated copy of licence granted under rule 102 is lost
or accidentally destroyed and the licensee wishes to obtain a duplicate
thereof, he shall—
(a)
immediately after the loss of licence, publish a notice
in a local daily newspaper about such loss and send a copy each of such notice
to the District Magistrate concerned and the Chief Inspector ; and
(b)
after fifteen days of the publication of the aforesaid
notice, apply to the District Magistrate for the issue of a no-objection
certificate for the grant of the duplicate.
(2)
The District Magistrate may, after such inquiry as he
may deem fit, issue the no-objection certificate.
(3)
After the receipt of no-objection certificate the
licensee shall submit an application alongwith the certificate to the licensing authority and the licensing authority
may grant the duplicate on payment of a fee of three rupees.]
98. Permit
for temporary storage of explosives in a magazine in excess of the licensed
quantity.—{\) When it is proved to the satisfaction of the Chief Inspector that
owing to unforseen circumstances it is necessary to store in a magazine
licensed under Form L, a quantity of explosives in excess of that entered in
the licence, the Chief Inspector may grant a permit for the storage in the
magazine of such excess for a period not ordinarily exceeding one month :
Provided that
(a) the excess quantity thus allowed to he stored shall in no case exceed
one-third of the quantity entered in the licence ; and (b) no condition of the
licence otfler than that prescribing the maximum quantity to be f .ed' is infringed.
(2) The fee
chargeable for such a permit shall be Its.
(i)
for a period not exceeding one month 100
(ii)
for u period exceeding one month 1000 per month or portion of a month.
99. Permit for
temporary possession of manufactured fireworks in excess of the licensed
quantity.—(\) A permit may be granted by the District Authority to a holder of
a licence, in Form I or in Form K to possess, in addition to a quantity
permitted by the licence, any quantity of manufactured fireworks not exceeding
250 pounds for a period not p*"- rding J5 days at a time :
Provided that
(a) no permit shall be granted under this rul*j to any nerson whose licence
entitles him to possess not
more than 50 lbs. of Ore- work; and (b) no condition of the licence
other than that prescribing the maximum quantity of fireworks to be possessed
is infringed.
(2)
A fee of '[rupees three] shall be charged for a permit
granted under Ibis rule.
100.
Payment of fees.—{I) Every application under this chapter shall he
accompanied :—(0 if in respect of a licence or permit granted or to be granted
by the District Authority, by the appropriate fee in cash or by cheque, and (ii) if in respect of any
other licence or permit, by a Treasury
receipt showing that the appropriate fee has been paid into the local Treasury
under the head of account "XXXVI—Miscellaneous Departments (Central),
Miscellaneous, Explosives."
(2)
If an application for the grant, renewal or amendment
of a licence or for the grant of a permit is rejected the fee paid
shall be refunded by the District Authority, or, if it has been paid into a Treasury, by that
treasury on the production of a signed order from the licensing authority
directing such refund.
(3)
Fees payable under any other chapter of these rules
shall be paid in cash or by cheque.
101.
Power to exempt from payment of fees.— The Central
Government may, by general or special order, grant exemption from or reduction
of any fee payable under these rules.
102.
Production of licence or pass on demand. —(1) Every
person, holding or acting under a licence
granted under these
rules shall, when called upon to
do so by any officer specified in
sub-rule (1) of Rule 106, produce
it or an authenticated [sic] of it at the place to which the licence relates.
(2)
Every person in charge of consignment of explosives in
transit under cover of a pass issued under these rules shall produce it when called upon to do
so by any officer specified in sub-rule (1) of Rule 106.
(3)
Copies of any
licence may, for the purposes of this rule,
be authenticated free of charge by the authority which granted the
licence.
103.
Executive control over authorities authority other than the Central Government acting
under this Chapter shall be subject to the direction and control of the
Central Government:
Provided that nothing in this rule shall
be deemed to affect the powers of executive control of the Chief Inspector over
the officer subordinate to him.
104.
Empowerment. under
section 15 of the Act,—All
authorities granting licences under these rules are hereby empowered to
direct by an order written on the licence that it shall have the effect of a like licence granted under the
Arms Act, 1878 (XI of 1878).
CHAPTER VH-Powers of Officers and Penalties
105.
Dangerous practices.—{]) If in any matter which is not
provided for by any express provision of, or condition of a licence granted under these rules an
Inspector of Explosives finds any factory, magazine, where an explosive is being manufactured, possessed or sold, or
any p?rt thereof, or anything or practice therein or connected therewith or win the handling
or transport of explosives, to be unnecessarily dangerous or defective, so as
in his opinion to tend to endanger the public safety or the bodily safety of
any person, such Inspector may by an order in writing require the occupier of
such factory, magazine or place or the owner of the explosive, to remedy the
same within such time as rnay be specified in the order.
(2). Where the
occupier or owner objects to an order made under sub-rule (1), he may appeal to
the Chief Inspector within the time specified in the order for compliance with
it, and the order of the Chief Inspector on such appeal shall be final.
(3)
Every appeal preferred under sub-rule (2) shall be in
writing and shall be accompanied
by a copy of the order appealed against.
(4)
If the occupier or owner fails to comply with an order made under sub-rule (1)
within the time specified in it or, where an appeal is preferred under
sub-rule (2), fails to comply with the order
of the Chief Inspector thereon within the time fixed in
such order, he shall be deemed to have committed a breach of this rule.
106.
Powers of search and seizure-—(i) Any officer specified
in the first column of the table below may within the areas specified in the
corresponding entry in the second column of that table (a) enter, inspect and
examine any place, carriage or vessel in which an explosive is being
manufactured, possessed, used, sold, transported or imported under a licence
granted under these rules, or in which he has reason to believe that an
explosive has been or is being manufactured, possessed, used, sold, transported
or imported in contravention of the Act or these rules; (b) search for
explosive therein ; (c) take samples of any explosive found therein on payment
of the value thereof, if such payment is demanded at the time the samples are
taken ; (d) seize, detain or remove any explosives found therein in respect of
which be has reason to .believe that any of the provisions of the Act or these
rules have been contravened.
TABLE
Officers
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Areas
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1[The Chief Inspector, Inspectors and
Assistant Inspectors of
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All parts of Pakistan,
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All district Magistrates.
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Their respective districts.
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All stipendiary Magistrates subordinate to the District
Magistrate.
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Their respective
jurisdictions.
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All Police Officers of Rank not below that of
Sub-Inspector.
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The respective areas over which authority extends.
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(2) Whenever
any officer other than the Chief Inspector seizes, detains or removes any
explosives under this rule, he shall forthwith report the fact by telegram to
the Chief Inspector, and whenever any officer not being the District Authority
seizes, detains or removes any explosive under this rule he shall forthwith
report the fact by Jelegram to the district Authority concerned.
107.
Power to destroy illicit explosives.—(i) The Chief Inspector or an Inspector or
^Assistant Inspector] of Explosives (a)
shall destroy any explosive wherever found (i) the manufacture, possession or importation of which has been
prohibited absolutely under section 6 of the Act; or in) if the explosive
belongs to the 5th (Fulminate) class and is being manufactured, possessed,
used, sold, transported or imported
illegally without a licence under these rules : (b) may destroy
or render harmless any other
explosive in respect of which the Chief Inspector or Inspector or 2[Assistant Inspector]
has reason to believe that any of the
provisions of the Act or these rules have been contravened, provided that no
explosive shall be destroyed or rendered harmless by an
Inspector or 3{Assistant Inspector]
without the sanction of the Chief Inspector unless the
matter, appears to such Inspector or 4[Assistant
Inspector] urgent and
fraught with serious public danger,
(2) Whenever
the Chief Inspector or an Inspector or 5[Assistant Inspector] of Explosive destroys any
explosive or renders it harmless under sub-rule (1), he shall take and keep a
sample thereof, shall, if required, give a portion of the sample to the person
owning the explosive or having the same under his control at the time of seizure,
and shall forthwith report the circumstances to the District Authority.
108.
Procedure on
reports of
infringements.—Whenever any report is made to the District Authority by
the Chief Inspector of an infringement
of the Act or of these rules, the
District Authority shall in due course inform the Chief Inspector of the
action taken by him
on such report.
109.
Penalties.—Whoever
in breach of these
rules manufactures, possesses,
uses, sells, transports or
imports any explosive,
or otherwise contravenes any of these
rules shall be punishable with fine which may extend
to—(a) in the case of a person so importing or manufacturing an explosive, three thousand rupees, (6) in
the case of a person so possessing, using or transporting an explosive, one thousand rupees ; (c) in the case of a
person so selling an explosive, five hundred rupees ; and (d) in any other
case, two hundred rupees.
110.
Saving as to acts done in emergency, etc.—Nothing in
these rules shall render liable to any penalty the owner or
master of any vessel or any
carrier or other person having charge of any explosives for any contravention
of these rules if, (a) by reason of stress
of weather, unavoidable
accident, or other emergency, such contravention was
reasonable and proper, or (b)
such owner, master, carrier, or other person was prevented from complying
with the rules by the wilful act,
neglect or default of the consignor or other person, or by
the improper refusal of the
consignee or other person to accept delivery of any consignment.
111.
Power to exempt.—The Central Government
may, on the
recommendation of the Chief Inspector and in exceptional cases,
exempt or unconditionally, any person from a'l or of the provisions of
these rules or any of the conditions of any licence held by him.
ACCIDENTS AND INQUIRIES
112.
Notice of accident.—The notice of an accident
required to be given under section 8 (1) of the Act
shall be given
forthwith (a) fb the Chief Inspector by Express telegram followed within
24 hours by 3 letter giving particulars of the occurrence and {h) to the
officer incharge of the nearest police
station by the quickest route pending the visit of the Chief
1. Inspector,
or his representative, or until instruction is received from the Chief
Inspector that he does not wish any further investigation or inquiry to be made
all wreckage and debris shall be left untouched except in so far as its removal
may be necessary for the rescue of persons injured, and recovery of the bodies
of any persons killed, by the accident.
113.
Procedure
at Court of Inquiry.—-(a) The
Chief Inspector of Explosive will
arrange with the Heads
of the Services concerned to be
represented at Courts of Inquiry where he so desires. In
addition he will be provided with copies of the proceedings of Courts
where the matter is of lesser interest. The Heads of Services will
co-operate with the Chief
Inspector of Explosives by informing him
immediately of occurrences
liable to lead
to the summoning of Courts of inquiry
on matters of interest to the Chief Inspector of Explosives as indicated
by him.
(b) The Chief
Inspector of Explosives may attend in person or send a representative ; in
either case he shall have power to examine witnesses, where he so desires.
114.
Inquiry into accidents.—(a) Whenever a
District Magistrate, a
Commissioner of Police or Magistrate subordinate to a District Magistrate holds
an inquiry under section 9(1) of
the Act
he shall adjourn such an inquiry
unless the Chief Inspector or an officer nominated by him is present to watch
the proceedings or the Magistrate has received
written information from the
Chief Inspector that that
officer does not wish to send a representative.
(b) The
Magistrate at least fourteen days before holding the adjourned inquiry shall
send to the Chief Inspector notice in writing of the time and place of holding
the adjourned inquiry.
(e) Where an
accident has been attended with loss of human life the Magistrate before the
adjournment may take evidence to identify anybodies and may order the
internment thereof.
(j) The Chief
Inspector or his representative shall be at liberty at any such inquiry to
examine any witness subject to the order of the Magistrate on point of law.
Where evidence
is given at an inquiry at which the Chief Inspector or an officer nominated him
is not present, of any neglect as having caused or contributed tc the explosion
or accident, or of any defect in or or in connection with any factory,
magazine, store, or any carriage, ship or boat carrying an explosive appearing
to the Magistrate or jury to require a remedy, the Magistrate shall send to the
Chief Inspector notice in writing of such neglect or defect. held under section
9-A c ,,ct the persons holding such inquiry shall hold the same in open Court
in such manner and under such conditions as they may think most effectual for
ascertaining the causes and circumstances of the accident, and enabling them to
make report under this rule :
Provided that where the Central Government so
directs the inquiry may be held in camera.
(b)
Persons attending as witnesses before this Court shall
be allowed such expenses as would be allowed
to witnesses attending before a
civil Court subordinate to the High Court having jurisdiction in the place
where the inquiry is held and in
case of dispute as to the amount the
local Magistrate on request by the Court shall ascertain and certify the proper
amount of such expenses.
(c)
All expenses
incurred in or about
an inquiry or investigation
under this rule shall be deemed to be part of the expenses of the Department of
Explosives in carrying the
Explosives Act, 1884, into execution,
SCHEDULE
Class No. Name Definition Sub-Division
1.
"Gun-powder" "Gun-powder" means
gun-powder ordinarily so-called.
2.
Nitrate-mixture “Nitrate-mixture” means any preparation
Division 1, comprising any other than gun-powder, chemical compounding or which
is formed by the mechanically mixed mechanical mixture of
preparation which consists a nitrate with any form either wholly or partly, of
of carbon or with any nitroglycerine or some other carbonaceous liquid nitro-compound that is substance not
such explosives as possessed of explosive
Ballisitite. Blasting Gelatine. 3. Nitro properties,
whether Cordite, Dynamite, Gelatine
compound. sulphur be or be not Dynamite, Gelignite, etc.
added to such
Division 2, comprising any preparation, and nitro-compound which is not
whether such
comprised in Division 1 that preparation be or be is explosives such as not mechanically
Ammonial, E. C. Sporting mixed be any non Powder,
Guncotton, Picric explosive substance, Acid, Smokeless Diamond, and incudes any
Trinitrotoluene (T.N.T.),etc.
explosive containing a
perchlorate and not being a chlorate-
mixture, fulminate or
nitro-compound as defined in this
schedule. Division I, comprising any Chlorate-mixture
which is not comprised in Division.
Division 1, comprising such substances as the
fulminates of silver and of mercury, and preparation of
"Nitro-compound," those
substances such as means any chemical are
used in percussioncompound which is caps,
and any preparation possessed of consisting
of a mixture of a
'Fulminate"
Ammunition.
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explosives properties or is capable of
combi- ning with metals to form an explosive compound and its produced by the
chemical action of nitric acid (whether mixed or not with sulphuric acid), or
of a
nitrate acid, upon any carbonaceous
substance, whether such compound whether preparation, other than gunpowder,
which is formed by the mechanical mixture of a nitrate with any form of
carbon or with any carbonaceous substance not possessed of explosive
properties, whether sulphuric be or be not added to such preparation, and
whether such compound is mechanical mixed with other substances or not.
"Chlorate-mixture"
means any explosive containing a chlorate.
'Fulminate" means any chemical compound or mechanical
mixture whatever, which, from its great susceptibility to detonation, is
suitable for
employment in per-
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chlorate with phosphorus, or
certain description of compounds of phosphorus, with or without the addition
of carbonaceous matter, and any preparation consisting of a mixture of a
chlorate with sulphur or with sulphurate, with or without carbonaceous
matter.
Division 2, comprising such substances as the chloride and
the iodide of nitrogen, fulminating gold and silver, diazoben-zol, and the
nitrate of diazobenzol.
Division I, comprising exclusively safety cartridges, safety
fuzes for blasting, railway fog-signals, and percussion-caps. Division 2,
comprising 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
topic does containing any explosive, tubes for firing explosives, and
war rockets which do not contain their own means of ignition.
Division 3, comprising any ammunition which contains its
own means of ignition and is not included in Division 1, such as detonators,
fuzes for blasting which are not safety fuzes, tubes for firing explosives
containing their
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Fireworks
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cussion-caps or any other appliances for developing
detonation, or which, from is
-extreme sensibility to
explosion and from its great instability (that is to say, readiness to
undergo decomposition from very slight exciting causes), is especially
dangerous.
“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 is to form (a) a cartridge or charge for
small arms, cannon or any other weapon, {h) a safety or other fxye for
blasting prior shells, or (c) a tube for firing explosives, or (d) a
percussion-cap, detonator, fog-signal shelf, torpedo, war rocket, or other
contrivance other than a firework.
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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.
The expression "percussion-cap" does not include a detonator).
Division 1, comprising fireworks composition, that is to
say, any chemical compound or mechanically mixed preparation of an explosive
of 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 (except
as declared in the proviso to this entry) any colored fire composition.
Division 2, comprising manufactured fireworks, that is to
say, any explosive of class 1, 2, 3, 4, or 6 and any fireworks composition,
when such explosive or composition is enclosed in any case or contrivance, or
is otherwise adapted or prepared so as to form a squib, cracker, including
Chinese crackers, toy cap or amorce, serpent, rocket (other than a war
rocket), maroon, lance, wheel,
Chinese fire, Roman candle, or other article specially
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adapted for the production of pyrotechnic effects or
pyrotechnic signals or sound signals :
Provided that substantially constructed hermetically closed
metal case, containing not more than one pound of colored fire composition of
such a nature as not to be liable to spontaneous ignition, shall be deemed to
be a '' manufactured firework" and not a "firework
composition."
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