Ammonium Nitrate (Amendment) Rules, 2021

Ammonium Nitrate (Amendment) Rules, 2021

MINISTRY OF COMMERCE AND INDUSTRY

(Department for Promotion of Industry and Internal Trade) 

NOTIFICATION

New Delhi, the 31st August, 2021

G.S.R. 608(E).—Whereas the draft of certain rules further to amend the Ammonium Nitrate Rules 2012 were published as required by section 18 of the Explosives Act, 1884 (4 of 1884) 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. 111 (E), dated the 10th February, 2021 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and 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 of India containing the said notification were made available to the public;

And, whereas copies of the said Gazette were made available to the public on 10th February, 2021 i.e. the date on which the said Gazette was published in the official Gazette;

And, whereas, objections and suggestion as received from the public with in the said period have been dully 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 hereby makes the following rules further to amend the Ammonium Nitrate, Rules, 2012, namely:-

1. Short titled and commencement:-

(1) These rules may be called the Ammonium Nitrate (Amendment) Rules, 2021.

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

2. In the Ammonium Nitrate Rules, 2012 (hereinafter referred to as the principal rules), in rule 2,-

(i) in clause (o), after the sub- clause (iv) and before the long line,  the following shall be inserted, namely:-

‗(v)  Government  organisation  or  Central  or  State  Public  Sector  Undertaking,  any  officer nominated in writing by that organisation or undertaking.‘;

(ii) clause (s) shall be omitted;

(iii) clause (t), for the brackets and letter ―(t)‖, the brackets and letter ―(s)‖ shall be substituted.

3. In the principal rules, in rule 3, in sub-rule (1), the word “stevedoring” shall be omitted.

4. In the principal rules, in rule 4, the words “stevedoring” shall be omitted.

5. In the principal rules, in rule 6, in sub-rule (3), the word “stevedoring” shall be omitted.

6. In the principal rules, in rule 11, after sub-rule (4), the following sub-rule shall be inserted, namely:-

―(5) Adequate fire fighting facility as per NFPA 490 shall be provided at ammonium nitrate storage and handling premises.‖

7. In the principal rules, in rule 12,-

(A) after sub-rule (1), the following sub-rule shall be inserted, namely:-

―(1a) The licensee for a store house shall provide a shelter for the security guard(s) on duty near the store house at a suitable location not less than thirty metres away from the store house except for store house attached to manufacturing plants‖;

(B) for sub-rule (6), the following sub-rule shall be substituted, namely:-

―(6) Any store house used for possession for sale or possession for use of Ammonium Nitrate shall have a floor area not less than one square meter per 2.5 MT of Ammonium Nitrate and the store house holding capacity shall not exceed 5000 MT storage:

Provided that one stack of bagged Ammonium Nitrate shall not exceed 500 MT and a  minimum clearance of 2 meters shall be maintained between the adjacent stacks and at least 0.6 meters wide gangway shall be maintained between the stacks and the walls of the store house:

Provided further that the maximum stack height shall not exceed 4.0 meters from the floor level and the

same shall be prominently marked on the walls of the store house.‖;

(C) after sub-rule (6), the following sub-rule shall be inserted, namely:-

(6 A) on and from the commencement of the Ammonium Nitrate (Amendment) Rules, 2021, all flooring in ammonium nitrate storage and handling area shall be without open drains, traps, pits or pocket into which any molten ammonium  nitrate  is  able  to  flow  and  be  confined  in  the  event  of  fire  and the Ammonium Nitrate storage sheds licensed prior to publication of Ammonium Nitrate (Amendment) Rules, 2021shall adopt the same within one year from the date of publication of that Rules.‖

8. In the principal rules, in rule 18, –

(A)‘ for sub-rule (1), the following sub-rule shall be substituted, namely:-

(1) Ammonium Nitrate shall be imported by the importer only in bagged form and for captive consumption only and the importer shall authorize licencee having valid licence in Form P2 for suitable packing if required.‖;

(B) for sub-rule (2), the following sub-rule shall be substituted, namely:-

(2) The P2 Licencee shall maintain records of Ammonium Nitrate received and dispatched to each importer to ensure accountability, identification and traceability and file returns.‖;

(C) for sub-rule (3), the following sub-rule shall be substituted, namely:-

(3) The imported Ammonium Nitrate shall be immediately removed from the port to the licensed storehouse in form P2 situated beyond 500 meters from the port notified area and the Ammonium Nitrate shall be dispatched from the licensed storehouse only in bagged form and each bag of Ammonium Nitrate shall be marked in accordance with rule 9‖.

9. In the principal rules, in rule 22,-

(A) for sub-rule (1), the following sub-rule shall be inserted, namely:-

(1) The vehicle engaged in the transport of Ammonium Nitrate, shall be attended by such drivers or cleaners whose antecedents are verified by the police and a list of such drivers and cleaners along with all personal particulars shall be made available to the police station in advance to carry out the verification and the reverification of such drivers or cleaners shall be carried out at regular intervals, once in every five years.‖;

(B) for sub-rule (2), the following sub-rule shall be inserted, namely:-

(2) The vehicle carrying Ammonium Nitrate shall be accompanied by at least one able bodied guard‖.

10. In the principal rules, in rule 27, in sub-rule (2), after clause (d), the following clause shall be inserted, namely:-

(e) for transfer of the Ammonium Nitrate from one premise to another premise of the same occupier, a licensee under form P3 (for possession and Use) may do so with the prior permission of the Licensing Authority.‖

11. In the principal rules, in rule 29, in sub-rule (1),-

(i) in clause (g), the word “stevedore” shall be omitted;

(ii) clause (j) shall be omitted.

12. In the principal rules, in rule 34,-

(A) ) for sub-rule (4), the following sub-rule shall be substituted namely: –

(4) The District Authority or the Director General of Mines Safety, as the case may be, shall complete the enquiry as expeditiously as possible within a period of three months and such authority shall, after being satisfied, grant no objection certificate in Form C-2 of Part-4 of Schedule-II, along with site plan, duly signed and sealed by such authority.‖;

(B) for sub-rule (6), the following sub-rule shall be substituted namely: –

(6) The District Authority or the Director-General of Mines Safety, as the case may be, shall convey his refusal for granting no objection certificate or licence, as the case may be, with reasons thereof in writing to the applicant as expeditiously as possible but not later than a period of three months from the date of receipt of application from the applicant‖.

13. In the principal rules, for rule 47, the following rule shall be substitute, namely:-

47. Where a licence granted under these rules or an authenticated copy granted thereof, is lost or accidentally destroyed, system generated copy may be downloaded by the licencee from online portal of Petroleum and Explosives Safety Organisation.‖

14. In the principal rules, in rule 50, in sub-rule (1), after clause (c), the following clause shall be inserted, namely: –

(d) ‗(i)‘ Notwithstanding anything contained in this sub-rule, the Executive Magistrates or Police Officers authorised in the table shall carry out inspection of the licensed premises located within their jurisdiction once in six months in order to ascertain if there has been any violation of the Act or the rules thereof.

‗(ii)‘ An assessment regarding adequacy of security guards provided by the licensee at the store house as per sub-rule (1) of rule 12shall also be made during such inspection and a report of such inspection shall be submitted to the concerned District Magistrate or Superintendent of Police or Commissioner of Police with a copy to the licensing authority.‖………………… Read more.