SPECIAL PROVISIONS FOR MANUFACTURNG PROCESS OF EXPLOSIVES

[Mr. M. GOVINDARAJAN]

Manufacture

Section 4(h) of the Explosives Act, 1884 defines the term ‘manufacture’ in relation to an explosive including the process of-

• dividing the explosive into its component parts or otherwise breaking up or unmaking the explosive or making it fit for use any damaged explosive; and
• re-making, altering or repairing the explosive.

Approval of manufacturing process

A person intending to manufacture an authorized explosive shall submit to the Chief Controller separately for each explosive a project report in duplicate.  The report shall among other relevant date, shall contain the following particulars-

• the detailed process starting from the raw materials, to the finished product describing the plant and equipment, quantities of the materials handled, operating conditions  and parameters, nature of controls and safety devices provided in the proposed method of treating effluents and waste explosives;
• the nature and composition of the explosives;
• the limiting percentage of each ingredient of explosives;
• the specification of the various raw materials including substitutes, if any, used in the process of manufacture;
• physical and chemical characteristics of final product;
• name and percentage of marking agent to be added in plastic explosives for detection by vapor detection technique;
• safety management plan to be followed by the company in case of high explosives or blasting accessories or fireworks;
• any other particulars as may be required by the licensing authority;
• prescribed scrutiny fee.

Fee

Scrutiny fee for application for approval to a manufacturer is as detailed below-

• site mixed ANFO explosives = ₹ 500/-
• liquid oxygen explosives = ₹ 500/-;
• fireworks or gun powder in a quantity not exceeding 15 Kgs. at a time = ₹ 50/-;
• fireworks or gun powder in a quantity exceeding 15 Kgs but not exceeding 200 kgs at a time = ₹ 500/-;
• fireworks or gun powder exceeding 200 Kgs at a time = ₹ 500/-;
• any explosives other than those mentioned above= ₹ 2000/-

Safety management plan

The manufacturer has to adopt a safety management plan which shall include the following-

• assigned responsibilities and organizational structure, including resource assessment;
• hazard identification, risk assessment and control;
• provision of information, education and training to the work force, contractors and visitors;
• accident reporting and investigation;
• emergency response planning and preparedness such as first aid, testing of on-site emergency plan once in a year;
• provision of escape route;
• evacuation plan, appropriate fire fighting controls, consequence minimum steps like control of spills, appropriate off site response plan etc.,
• maintenance of records;
• maintenance of schedules for plant and equipment;
• standard operating procedures where absence of such procedure may adversely affect safety;
• availability of Material Safety Data Sheet;
• security of explosives;
• transport and storage of explosives;
• material handling;
• explosives and man limit in each building and location;
• precaution against adverse conditions, natural as well as artificial such as lightning, earthquake, load shedding, trips in the process etc.,
• restriction of source of ignition;
• segregation of incomplete materials;
• disposal of waste explosives and ingredients, including burning grounds procedures;
• competence of personal for tasks; and
• safety meeting, self auditing and external safety auditing system and procedures.

The applicant shall submit a copy of the safety management plan to the District Magistrate.

Approval of the process

The Chief Controller, after scrutiny of all the project report, the safety management plan and after making such further enquiries as may be considered necessary, may, if he is satisfied, approve the process for each explosive separately.

Change in the process

No person shall make any change in the process, nature and composition of explosives, specification and limiting percentage of raw materials and ingredients without prior approval of the licensing authority.

Testing

The Chief Controller may cause at any time any test on any raw material, ingredients or explosives to ascertain if these conforms to the particulars given in the project report.

For this purpose the manufacturer shall provide the proper testing for routine physical and chemical examination of raw materials intermediaries and final products at the places specifically approved by the Chief Controller or Controller.

The Chief Controller or Controller may direct by a written order to provide such additional facilities at such places which, in his opinion, are necessary for maintaining desired quality and safe manufacture of explosives in the licensed factory.

Whenever the Chief Controller or Controller requires testing of any explosive by the Departmental Testing Station, the manufacturer shall submit the samples of explosives, free of cost to the Departmental Testing Station in required quantities.  The Chief Controller or Controller may draw samples through his subordinate officers.

Factory buildings

Every building in a factory shall be used only for the purpose specified in the licence granted.    It shall not be leased to any other person or company or firm or society for possession or manufacture of explosives or fireworks.  The licensing authority may temporarily permit for a period not exceeding 6 months the use of a building for a purpose other than specified in the licence after satisfying himself that such a change is safe and for smooth operation of the process of manufacture.

No tools or other implements shall be used or allowed to be present in the building used for carrying out process of manufacture unless they are of wood, copper, brass or soft metal or material or are covered with safe and suitable material.

The interior of the building and the benches, shelves and fittings shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the formation and detachment of any grit so as to come into contact with the explosive or ingredient thereof in such building and such benches, shelves and fittings shall, as far as reasonably practicable, be kept free from grit and otherwise clean.

The following particulars shall be prominently marked or exhibited outside the building-

• the name and identification number of the building as per plan approved by the licensing authority; and
• man limit and explosives limit.

The following particulars shall be prominently marked or exhibited inside the building-

• man limit and explosives limit;
• general safety instructions;
• operating instructions; and
• safe process details.

Every building shall always be maintained in a fit condition.  Before carrying out repairs the building shall be thoroughly made free of explosives by a suitable safety process of removal.  If the repairs of the building or  a part thereof require use of any source of fire, the licensee shall issue a written permit allowing use of such articles under the supervision of safety personnel and a copy of such permit shall be preserved for three months and presented on demand by an inspection authority.  If major repairs are done to a building or any part thereof that building or part of it shall not be taken into use unless the same is permitted by the licensing authority.  A record of all such servicing and maintenance shall be maintained till the time of next servicing and maintenance. 

Restriction

Oiled cotton,  oil rags and oil waste and any other article liable to spontaneous ignition shall not be taken into any building where explosives are kept except for the purpose of immediate supply and work or immediate use in such building and upon cessation of such work or use, shall forthwith be removed.

Removal

No ingredients shall be made or mixed into an explosive unless it has been thoroughly treated by sifting or other effective means for the detection and removal of all foreign objects or matters that might cause danger.

All explosives processed in a process building shall immediately be removed to the next process building or a licensed magazine or storehouse and no explosive shall be allowed to accumulate in any process building.

Where the process in the manufacture of explosive in a process building has been completed, all substances that have been brought into the building for use in the process but not used, and that are not immediately required to use in another process in the same building, shall immediately be removed from the building.

Disposal of waste explosives

The laboratories, process buildings and machineries shall be swept and cleaned at the end of each shift or earlier, if necessary.  The sweepings and waste explosives shall be properly collected and stores in a safe place and safely disposed of.  Adequate facilities for safe destruction under the supervision of a person adequately competent and at a place approved by the licensing authority in the licensed premises shall be provided by the licensee for the materials collected.

Training to personnel

Every person engaged in the manufacturing factory shall be imparted training on safety by competent person periodically during manufacture, handling, transportation and storage of explosives and records of such trainings shall be maintained.

Stoppage of manufacturing

If at any time any operation in the process of manufacture of an explosive is-

• no longer found to be safe; or
• behavior of the explosives during the course of storage, transport or use is no longer found to be safe-

• due to change in the nature and composition of explosives; or
• due to any other reason

the licensing authority may issue an order in writing directing the licensee to stop forthwith the manufacture of such explosives till such time the operation or the composition is rectified to the satisfaction of the licensing authority.

Prohibition of manufacturing

The Central Government may, from time to time, by notification in the Official Gazette, prohibit either absolutely or subject to conditions the manufacture of any explosive which is so dangerous a character that, in the opinion of the Central Government it is expeditious for the public safety to issue the notification.

No person-

• who has not completed the age of 18 years; or
• who has been sentenced on conviction of any offence involving violence or  moral turpitude for a term of not less than 6 months, at any time during  period of 5 years after the expiration of the sentence; or
• who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973, a bond for keeping the peace or for good behavior, at any time during the term of the bond; or
• whose licence under the Act has been cancelled for contravention of the provisions of the Act or the rules made there under, at any time during a period of 5 years from the date of cancellation of such licence

shall manufacture any such explosive as the Central Government may, having regard to the nature thereof, by notification in the Official Gazette, specify.