MINISTRY OF COMMERCE AND INDUSTRY

(Department for Promotion of Industry and Internal Trade)

NOTIFICATION

New Delhi, the 31st August, 2021

G.S.R. 609( E).—Whereas, the draft of certain rules further to amend the Static and Mobile Pressure Vessels (Unfired) Rules, 2016, were published, vide notification of the Government of India in the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) number, G.S.R. 96 (E), dated the 2nd February, 2021, in the Gazette of India, Extra-ordinary, Part-II, Section 3, Sub section (i), inviting objections or suggestions from all persons likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Gazette containing the said notification were made available to the public;

And whereas, the copies of the said Gazette notification were made available to the public on the 2nd February, 2021;

And whereas, objection and suggestions as received from the public within the said period have been duly considered by the Central Government;

NOW THEREFORE, in exercise of the powers conferred by sections 5 and 7 of the Explosives Act, 1884 (4 of 1884), the Central Government thereby makes the following rules further to amend the Static and Mobile Pressure Vessels (Unfired) Rules, 2016, namely: –

Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021

1. Short title and commencement-(1) These rules may be called the Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021.

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

2. In the Static and Mobile Pressure Vessels (Unfired) Rules, 2016, herein after referred to as the said rules,

3. in rule 2, for sub- rule (viii), the following shall be substituted, namely:-

―(viii) ‗competent person‘ means a person recognised by the Chief Controller, for such gases and vessels and for such period as may be specified by him as competent, for carrying out tests, examinations, certification for installations and transport vehicles as stipulated in these rules, if the person possess the qualifications and experience and other requirements as set out in Appendix IIA to these rules and the recognition is granted as per procedure laid down in Rule 12:

Provided that the Chief Controller may relax the requirements of qualifications in respect of a competent person if such person is exceptionally experienced and knowledgeable but not the requirements in respect of the facilities at his command‖.

4. In the said rules, in rule 2 after sub- rule (xxix), the following sub-rule shall be inserted, namely:-

“(xxix) ‘ISO Tank Container‘ means a tank container which includes two basic elements, the vessel and the framework, suitable for the carriage of compressed gas for conveyance by road, rail and sea, including interchange between these forms of transport and complies with requirements of ISO 1496;”.

5. In the said rules, in rule 2, after sub-rule (xl), the following shall be inserted, namely:-

“(xla) ‘Third Party Inspection Agency‘ means a professional organisation recognised by Chief Controller to carry out inspection, certifications, testing including safety audit of major accident hazards premises as defined under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, and having persons with qualifications and experience as applicable to the competent persons”.

6. In the said rules, in rule 2, in sub- rule (xIiii), after the word “pressure vessel” , the letters and words “, ISO Tank Container” shall be inserted.

7. In the said rules, in rule 18 in sub-rule (2) in clause (xiii), after the word “competent person”, the following shall be inserted, namely:-

“Third party inspection agency”.

8. In the said Rules, in rule 19 (1),-

i. in sub-rule (1), in clause (a), after the words “competent person” the words, brackets and letters ” Third party inspection agency (TPIA)” shall be inserted;

ii. in sub-rule (7), after the words “competent person” , the words, brackets and letters “Third party inspection agency (TPIA)” shall be inserted.

9. In the said rules, in the rule 33, after the word “competent person”, the following shall be inserted, namely: –

” Third party inspection agency (TPIA)”.

10. In the said rules, in the rule 43, after the word “competent person”, the following shall be inserted, namely: –

“Third party inspection agency (TPIA)”.

11. In the said rules, in the rule 47, for sub- rule (7) the following sub-rule shall be substituted, namely:-

“(7) The District authority shall grant no objection certificate or convey his refusal for granting no objection certificate with reasons thereof in writing to the applicants as expeditiously as possible but not later than two months from the date of receipt of application from the applicant and if he fails to do so in stipulated time no objection certificate shall be considered deemed to be issued:

Provided that in case the District Authority conveys his refusal or objections for granting no objection certificate, the license granted under these rules stands cancelled with immediate effect”.

12. In the said rules, in the rule 49, in sub- rule (4), after the letters and figure “LS-2.”, the letters, figures and word “LS-2A and LS-2B” shall be inserted.

13. In the said rules, in rule 50, after sub- rule (c), the following shall be inserted, namely:-

In Form AS-4, if the application is in respect of permission to transport compressed gas in ISO Tank Container within the Indian territory or to grant permission for Import and Transport of Compressed Gas in ISO Tank Container.

14. In the said rules, for rule 61, the following rule shall be substituted, namely:-

” 61. Loss of licence.- When a licence granted under these rules is lost or accidentally destroyed , system generated copy may be downloaded by the licensee from online portal of Petroleum and Explosive Safety Organisation”.

15. In the said rules, in Appendix IIA, at Sl. No. 2, in column 4, for the brackets, figures and words “(1) A minimum experience of 10 years in –” the letters, figures and words, “(1) A minimum experience of 5 years in –“ shall be substituted.

16. In the said rules, in Appendix III, at Sl. No. A and 4, after the word “competent person”, the words, brackets and letters, ” Third party inspection agency (TPIA)” shall be inserted.

17. In the said rules in Schedule 1B,-

i. the entries at serial number 13 and the entries relating thereto shall be omitted;

ii. serial number 14 shall be renumbered as serial number 13 thereof and after serial number 13 as so renumbered, the following serial number shall be inserted, namely:-

―14 Grant of permission to Transport Compressed gas in ISO Tank containers within the Indian Territory  Rs. 5000/-“.

18. In the said rules, after Form AS-3, the following Form shall be inserted, namely:-

“FORM AS-4

(See Rule 50)

Application for the grant of permission to transport compressed gas in ISO Tank containers within Indian territory

1. Name in which permission required

(i) Applicant‘s calling

(ii) Applicant‘s full postal address

(iii) Telephone No(s) and E-mail

Particulars of storage licence under Static and Mobile Pressure Vessels (Unfired) Rules, 2016 and Gas Cylinders Rules, 2016:

(i) Number and date of storage licence issued by the Chief Controller/Controller

(ii) Validity of licence upto

(iii) Capacity of storage as per above licence

Description of the ISO Tank container :

(i)  Owners code and Serial Number

(ii) Model Number

(iii) Country of manufacture

(iv) Name of the Manufacturer

(v)  Year of Manufacture

(vi) Approval country

(vii) Authorized body for design approval

(viii) Pressure Vessel Design Code

(ix) Maximum Allowable Working Pressure(MAWP)

(x) Test Pressure

(xi) Initial Pressure Test Date

(xii) Design Temperature Range

(xiii) Material of construction of vessel

(xiv) Nominal thickness of shell and dish ends

(xv) ISO tank container Water capacity

(xvi) Maximum permissible gross mass

(xvii) Unladen tare mass

(xviii)  Inspected and tested by

(xix) Specification of the safety valves fitted to the vessel including set pressure

(xx) Design drawing

(xxi) Mounting drawing

(xxii) Filled with (True chemical name of the gas)

(xxiii) Filling ratio, if filled with a liquefiable gas Date of last hydraulic test

(i) Make and Model of Prime Mover(s) to be used

(ii) for ISO Tank Container mounting purpose

Date of application  Signature of applicant

Postal address of the applicant

Application shall accompany two sets of following documents

(i) Initial inspection certificate / Certificate of Control

(ii) Valid test and inspection certificates if applicable

(iii) Vessel design drawing, duly endorsed by third party inspecting agency

(iv) Mounting drawing for ISO-container, etc.

(v) Certificate of safety issued under rule 43 of Static and Mobile Pressure Vessels (Unfired) Rules, 2016

(vi) Permission Fee Rs.5000/-‖.

In the said rules, after the Form LS-2, the following Forms shall be inserted, namely:-

“FORM-LS-2A

(See rule 49 and 50 )

Permission to transport compressed gas in ISO tank container within the Indian territory

Permission No.  Fee Rs. 5000

Permission is hereby granted to ________________________________________  to transport compressed gas by the ISO Tank Container as described below subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884) and the rules made there under and to the further conditions of this Permission.

DESCRIPTION OF THE ISO TANK CONTAINER

(i)  Owners code & Serial Number

(ii) ISO Tank Container Model Number

(iii) Country of manufacture

(iv) Name of the Manufacturer

(v) Maximum Allowable Working Pressure(MAWP)

(vi) ISO tank container Water capacity

(vii) Maximum permissible gross mass

(viii) CCOE approved Mounting drawing details

(ix) Filled with (True chemical name of the gas)

(x) Maximum permissible Payload

(xi) Make and Model of Prime Mover(s)

(xii) Registered Laden Weight (RLW)

This Permission will remain valid up to five years from date of grant of permission

Date of Issue:  Chief Controller of Explosives/Controller of Explosives

Note :- This Permission is liable to be cancelled if the Permitted vehicle is not found conforming to the requirements of chapters II and IV of the Static and Mobile Pressure Vessels (Unfired) Rules 2016, or for the contravention of any of the said rules and conditions under which this Permission is granted and the holder of this Permission is also punishable under the Act.

CONDITIONS:

1.  ISO Tank Container shall be used for transportation of compressed gas for which permission is granted

2.  Loaded vehicle weight shall not be more than RLW/GCW/GVW of the vehicle proposed to be used for ISO Tank Container mounting purpose

3.  ISO Tank Container shall not be used for static storage installation for compressed gas

4.  In case of multimodal transportation of ISO Tank container within the Indian Territory

(a) adequate lifting and tie-down facilities shall be ensured at mounting and demounting locations

(b) Permission holder shall be responsible for compliance of statutory requirements of Railways/Ports/ Director General of Shipping/ Customs etc., as applicable.

5. ISO Tank Container shall bear Markings as per the requirements of ISO 6348.

6. Periodic inspection of ISO Tank Container shall be carried out as specified in International Maritime Dangerous Goods.

7.  Repair of ISO Tank Container shall be carried out by Original Equipment Manufacturer or agencies recommended by Original Equipment Manufacturers and approved by Petroleum and Explosives Safety Organisation.

8. The permission letter shall be kept at all times in the permitted vehicle and produced on demand by an officer specified in rule 70.

9. Only responsible persons who are conversant with the conditions of this permission shall be employed for driving the Permitted vehicle or attending to it.

10. The Permitted vehicle shall be constantly attended to by a responsible person and by at least two persons while it is transporting compressed gas:

Provided that the permitted vehicle may, if empty, be kept unattended in a place approved for the purpose, in writing, by the Chief Controller or Controller.

11. The permitted vehicle shall at all times carry –

(a) at least two portable fire extinguishers of capacity not less than 9 litres and suitable for extinguishing chemical fires;

(b) a strong flexible cable for electrical bonding in case of vehicle used for transportation of flammable compressed gas; the cable shall be at least 5 metres long and shall have at each end a suitable clamp or clip.

12. The compressed gas shall not be loaded or unloaded in/from ISO Tank Container except in a place which is approved within the premises licensed for the purpose under the rules by the Chief Controller or Controller or when the fitments including vessel becomes leaky, defective or otherwise insecure.

Provided that the permitted ISO Tank Container may be unloaded at any other place with all the precautions and under adequate supervision if such unloading is necessitated by an accident or break down.

13. No ISO Tank Container shall discharge any compressed gas directly into any process vessel.

14. The permitted ISO Tank Container shall not be loaded if any of the fitments including vessel becomes leaky, defective or otherwise insecure.

15. Before compressed gas is loaded into or unloaded from the permitted ISO Tank Container –

(a)  its engine shall be stopped and the battery shall be isolated by a proper switch or otherwise;

(b) its wheels shall be secured by brakes or by scotching;

(c)  its chassis shall be electrically bonded by a cable with the pipe into or from which it is to be loaded or unloaded, in case of vehicle used for transportation of flammable compressed gas;

(d) the correct filling or discharge pipe connections are made at both ends;

(e) a responsible person shall be in attendance and remain so until loading or unloading is over and the vehicle has been sealed.

16. Except when called upon by traffic signals or required by the licensing authority or any other officer entrusted with the job of enforcing the rules, the permitted vehicle shall not stop on any road, congested area or a place which is not a place situated within the premises licensed under the rules for the loading and unloading of ISO Tank Container vehicle.

17. No smoking and no fire or artificial light or any article capable of igniting flammable vapour shall be allowed on the permitted vehicle used for the transportation of any flammable gas.

18. The permitted ISO Tank Container vehicle shall not be used for carrying passengers.

19. No alteration in the permitted ISO Tank Container or its safety fittings shall be carried out without previous sanction in writing of the licensing authority. Such alteration so sanctioned shall be endorsed on the licence by an amendment.

20. Any accident, fire, explosion or untoward incident occurred within the permitted ISO Tank Container vehicle shall be immediately reported to the Chief Controller, Controller, nearest police station and District Magistrate by quickest mode of communication.

FORM-LS-2B

(See Rule 49 and 50)

Permission for import and transport of compressed gas in ISO Tank container

To,

Sub: Import and transport of Compressed Gas in ISO tank Container under Static and Mobile Pressure Vessels (Unfired) Rules, -2016.

Sir,

Please refer to your letter No.———— Dated————- on the above subject.

Permission is hereby accorded for the import and transport  gas from  , to your factory premises at —————  furnished below:
(and return of empty container) in ISO- container as per the details

1. Name of the Fabricator:

2. Serial No.:

3. Design/Working Pressure:

4. Design Temperature:

5. Fabrication Code/Type :

6. Water Capacity :

7.  Test and Inspection:

8. Certificate No.& date:

9. Weight:

21. Safety Valve Set Pressure :

22. Bulk Storage Licence No. :

The above permission is accorded subject to the following conditions, namely:-

(a) The permission is valid only for five years for import/export of ISO container.

(b) Safety precautions and relevant provisions of the Static and Mobile Pressure Vessels (Unfired) Rules, 2016 should be strictly complied with during transportation of the ISO Tank Container(s).

(c) The exhaust of the vehicle shall be fitted with a spark Arrestor of a make approved by the Chief Controller of Explosives if applicable

(d) The mounting/demounting of the container shall be carried out under the direct supervision of a responsible officer of your Organisation and a Safety Certificate under rule 43 issued under Static and Mobile Pressure Vessels (Unfired) Rules, 2016 by a competent person or Third Party Inspection Agency duly recognized by the Chief Controller of Explosives.

(e) Necessary permission/ clearance/licences shall be obtained from Port/Transport and any other authority concerned.

(f) The gross weight of the tank shall not exceed the Registered Laden Weight of the vehicle.

(g)  Product shall be loaded / unloaded only in the premises licensed in FORM-III of the Static and Mobile Pressure Vessels (Unfired) Rules 2016.

(h) Please submit self-declaration for return of ISO container after filling/emptying of ISO Container.

Note:- (1)The above permission may be reviewed, amended and withdrawn at any time, if considered necessary in the interest of safety and contravention of conditions.

(2) The above permission is otherwise valid for a period of five years from the date of issue of this letter.

Yours faithfully,
For Chief Controller of Explosives

Copy forwarded for information to :-

1. To respective Circle and Sub Circle offices.

2. The respective Commissioner of Customs. There is no objection to the release of above ISO container.

For Chief Controller of Explosives‖.

[F.No. 2(1)/2017-Expl]
SUMITA DAWRA, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide notification G.S.R. 1109 (E), dated the 1st December, 2016 and subsequently amended vide G.S.R 388(E), dated the 20th April, 2018 and G.S.R 148(E), dated the 25th February, 2019.

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