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Bare acts > Explosives Rule, 1983 > Rule 156
 
  


 


156. Procedure to be observed before a licence in Forms 20, 21 or 22 is granted. -
(1) A licensing authority on receipt o.' application and the particulars as provided under sub-rule (3) or (4) of rule 154 shall scrutinise the documents and forward to the applicant a statement showing the distances in Form 17 which should in his opinion be kept clear in any.' around the factory or magazine premises or any part thereof and from other building and works. On receipt of the statement the applicant shall enter, the exact distance, which can actually be so kept clear, shall sign the statement and shall return it together with any representation which he may desire to make to the licensing right.

(2) After considering any representation made by the applicant under sub rule (1) and after making such enquiries as deemed necessary, the licensing authority may further scrutinise the application and ask the applicant to make changes considered necessary.

(3) After receiving correct documents as per requirements of these rules, the licensing authority shall refer the application to-

(i) The district authority concerned together with a description of enquiries to be carried out, a draft licence and a ,statement in Form 18 showing the distances which he considers should be Kept clear in and around the factory, magazine or store-house;

(ii) Any other authority for such enquiry as deemed necessary.

(4) Upon receipt of the said application the district authority shall forthwith cause notice to be published of such application and of the time and place at which he will be prepared to hear it, and calling upon any person objecting to the establishment of the factory or magazine or store-house on the proposed site to give notice of such objection to him and to the applicant of not less than seven clear days before the day fixed for hearing the application together with his name, address and calling and a short statement of the grounds of his objections. The day of hearing the application shall be a day following as soon as practicable, after the expiration of the period of one month referred to in sub rule (6).

(5) Where the site of the proposed factory or magazine lies within 1.5 km. of the limits of the jurisdiction of town planning municipal authority or port authority, the applicant shall prepare, for service for such authority, a notice of the application and of the said day of hearing.

(6) The notice under sub-rule (4) shall be published and the notice under sub-rule (5) served, at the expense of the applicant by the district authority not less than one month before the said day of hearing.

(7) On the day fixed for the hearing or any day to which such hearing may be adjourned from time to time, the district authority shall hear an objection preferred in accordance with sub-rule (4) and by any authority referred to in subrule (5) and shall make such enquiry as he may deem necessary.

(8) On completion of the enquiry the district authority shall forward the application, statement and plans to the licensing authority together with a report of the procedure followed by him and whether he has any objection to the applicant receiving a licence at the site proposed.

(9) The district authority shall complete his enquiry under sub--rules (4) to (7) and forward the report to the licensing authority as expeditiously as possible but not later than six months of the date of the reference made by the licensing authority.

(10) If the district authority objects to the grant of the licence on any of the grounds specified in sub-rule (3), no licence shall be granted by the licensing authority except with the sanction of the Central Government.

(11) Notwithstanding anything contained in this rule, provisions of subrules (3) to (10) except rule 3 (ii) shall not apply in case of an application for grant of a licence to manufacture, possess and sale liquid oxygen explosives or to the manufacture of Ammonium Nitrate Fuel Oil explosives (ANFO) at site of use coming under the purview of the Mines Act, 1952.

 

 

 

 

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