155. Grant of licence. -(1) (a) A licence may be granted by the authorities specified in Col. (4) of Sch. IV in the Form specified in Col. (2) for the purpose specified in Col. (3) thereof on payment of fees specified under these rules:
Provided that no new licence in Forms 20, 21 and 22 shall be granted unless the provisions of rule 156 have been complied with:
Provided further that the licensing authority may waive all or any of the provisions of rule 156, if-
(i) The premises proposed to be licensed is within the factory licensed under these rules for manufacture of explosives and the required safety distances are under the control of applicant;
(ii) The premises for which the new licence is required are situated within the same survey number, in which the applicant has an existing premises and a current valid licence for the same and the required safety distances are available within the safety distance of such Existing premises.
(b) No licence for manufacture of explosives shall be granted or renewed to a person for his factory not registered under the Factories Act, 1948 (63 of 1948), unless he executes a bond in Form 19 in favour of the President of India indemnifying persons injured or dependents of deceased workers in the event of an accident in the factory an amount of Rs. 10,000/- for factories manufacturing upto 15 kg of gunpowder or fireworks at any one time] an amount of Rs. 25090/ or factories manufacturing up to 200 kgs., of gunpowder or fireworks at any one time and Rs. 50,000 in every other case;
(2) (a) Licensing authority may grant a licence for the period deemed necessary but not exceeding-
(i) Six months to import explosives in Form 27 and to export explosives in Form 28;
(ii) 3 months to possess explosives in error, 23 as specified therein;
(iii) One month for public display of fireworks in Form 29.
(b) Every other licence granted or renewed under these rules shall remain in force until the expiry of the financial year immediately following the financial year in which it was issued.
(c) Notwithstanding anything contained in Cl. (b), the licensing authority where it is satisfied that a licence is required for a specific work or festival which is not likely to last upto expiry of the financial year for which the licence is granted or renewed may grant or renew a licence for such period as is actually necessary:
Provided that the date so specified does not extend beyond the expiry of the financial year following the year in which the licence is granted or renewed.
(3) An application for grant of a new licence in Form 24 or Form 29 may apply to the district authority for a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed and the district authority shall, if he sees no objection, grant such certificate to appellant who shall forward that certificate to licensing authority with his application.
(4) The licensing authority, may refer an application not accompanied by a certificate granted under sub-rule (3) to district authority for his observations.
(5) If the district authority, either on reference being made to him, or otherwise, intimates to the Chief Controller, as the case may be, that any licence which has been applied for should not in his opinion be granted, such licence shall not be issued without the sanction of the Central Government.
(6) No licence to import explosives shall be necessary in cases where the explosives imported-
(i) Is not intended to be stored on the port of import but is intended to be transported direct to a territory not being part of India-
(ii) Can be possessed without a licence under rule 114.
(7) An application for a licence to use explosive shall, if the operation are to be carried on within 100 metres of a railway line, obtain from the railway authority concerned a certificate to the effect that there is no objection to the applicant receiving a licence for the site proposed and forward a certificate to the licensing authority with his application.
(8)(1) A cultivator applying for a licence in Form 23, shall obtain a certificate from agricultural field man or a Gram Sewak or any other local authority to the effect that-
(a) The certifying authority has inspected the site and is satisfied that the levelling of ground is necessary or removal of tree stumps is necessary or sinking of wells is necessary or sinking of wells has been partly completed, as the case may be; and
(b) Further work which is necessary is not possible without blasting and forward the certificate to the licensing authority with his application.
(2) A person other than cultivator shall obtain a certificate from local authority having jurisdiction to the effect that the certifying authority has inspected the site and is satisfied that the work for which explosives are required is not possible without blasting.
(9) An application for grant of a licence to manufacture Ammonium Nitrate Fuel Oil explosives (ANFO) for own immediate use or to possess for own use liquid oxygen explosives at sites coming under the purview of the Mines Act, 1952, shall be accompanied by a certificate from the Chief Inspector of Mines that the site where such explosives, are to be manufactured, possessed and used is under the control of the applicant and comes under the purview of the Mines Act, 1952, and the applicant is authorised to use liquid oxygen explosives or ANFO explosives and conduct mining operations in the area proposed to be covered by the licence.
| 