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Case Law Details

Case Name : Shiva Jyoti Construction Vs The Chairperson, Central Board of Excise & Customs and others (Orissa High Court)
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MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 17th January, 2023

G.S.R. 31(E).— The draft of the following rules to amend the Explosives Rules, 2008, which Central Government proposes to make in exercise of the powers conferred by sections 5 and 7 of the Explosives Act, 1884 (4 of 1884) is hereby published as required by sub-section (1) of section 18 of the said Act for information of all persons likely to be affected thereby, and notice is hereby given that the said draft shall be taken into consideration after expiry of a period of forty-five days from the date on which the copies of the Gazette of India containing this notification are made available to the public.

Objections or suggestions if any, to these draft rules may be sent to the Director (Explosives), Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Room No. 254A Udyog Bhavan, New Delhi – 110 011 or email [email protected] within the period specified above;

The objections or suggestions which may be received from any person with respect to the said draft within the period above so specified will be taken into consideration by the Central Government.

Draft Rules

1. (1) These rules may be called the Explosives (Amendment) Rules, 2022

(2) They shall come into force on the date of their final publication in the Official Gazette.

2. In the Explosives Rules, 2008 (hereinafter referred to as the principal rules). In rule 2,-

(a) after sub rule 56 following clause shall be inserted namely:-

“(56A) Third Party Inspection Agency means a professional organization recognized by Chief Controller of Explosives to carry out inspection and safety audit of major accident hazards premises as defined under the Manufacture, Storage and Import of hazardous Chemicals Rules, 1989, and having minimum three persons with minimum qualification of masters degree in chemistry or bachelors degree in chemical engineering from a recognized university and minimum experience of ten years in manufacturing and handling of Explosives.”

3. In the principal rule, in the Rule 112, for sub rule (2) following shall be substituted, namely”-

“Renewal of license”- (2) Every application under sub-rule (1) for renewal of the license shall be accompanied by the following documents, namely:-

a. application in Form RE-1;

b. The original license:

c. Prescribed renewal fee.

d. In case of Explosives Manufacturing Units, all the inspection or safety audit reports since last approval as per the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 issued by Third Party Inspection Agency approved under these Rules.”

[F. No. 2(3)/2019-Expl.]
RAJEEV SINGH THAKUR, Addl. Secy.

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