AN RULES 2013 PRESENTATIION

7/27/2019 AN RULES 2013 PRESENTATIION

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Workshop on effective implementation of

Ammonium Nitrate Rules 2012

V.K.Mishra

Dy Chief Controller of ExplosivesHyderabad Sub Circle

Andhra Pradesh


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Workshop on effective implementation of

Ammonium Nitrate Rules 2012

1. Brief of the rule

2. Definitions

3. Exemptions & Applicability

4. Licensing Authorities5. Role of District Authorities

6. Import & Stevedoring

7. Monitoring & Verification of Compliance

8. Constraints


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Brief of the rule

*** Draft Ammonium Nitrate Rules was published vide GSR 694(E) dated

16thSeptember, 2011.

***Ammonium Nitrate Rules, 2012 was published vide GSR 553(E) dated

11thJuly, 2012

*** All existing manufacturers, converters, users, transporters, stevedores,

possessors, sellers, importers & exporters were given six months time to

apply for the licence under the rules and they had to comply the provisions

of rules within one year from the date of publication of rules ie., before 11thJuly, 2013

*** Vide Notification No. GSR 469 (E) dated 9th July, 2013 the period of

compliance from one year is amended as 18 months ie., compliance from

stakeholders is mandatory before 11thJanuary, 2014


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Brief of the rule

***Vide GSR 34(R-2013)/2009-14 dated 14/08/2013 import policyhas been amended that import of ammonium nitrate more than 45%in any substance need prior permission of Chief Controller ofExplosives

*** Vide GSR 218(E) dated 17thJuly, 2013 following major ports werenotified for import of Ammonium Nitrate

Kolkota,

Visakhapatnam,

V.O.Chidambarar,

Chennai


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Definitions

Ammonium Nitrate Any compound containing 45% Ammonium Nitrate by

weight but exclude (i) slurry and (ii) emulsion explosives

(iii) non-emulsion matrix and (iv) fertilizers

District Authority - District Magistrate, Addl. District Magistrate, Commissioner

of Police, Dy. Commissioner of Police.

Occupier - Who has the control and is responsible for managing the affairs

Proprietor, partner, company director, governing body of society or association

Safety & Security Management Plan - Comprehensive plan for ensuring safety

and security

Protected works - Residential building, college or school, hospital, theatre and

cinema, shop office and market place and storage of hazardous substances


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Exemptions & Applicability

1. Any compound containing less than 45% Ammonium Nitrate by weight is not

within the purview of these rules.

2. Emulsion and slurry explosives, non-explosives matrix, fertilizers are exempted

under the rule 2(b)

3. These rules shall not apply to Armed forces of Union and Ordinance Factories

for their own use

4. Indian Railways and its authorized carriers while acting as carrier

5. Port authorities

6. Officials of Central & State Governments exercising the power under the Act.

7. Rules shall not apply for possession and use of Ammonium Nitrate not

exceeding 5 Kgs by laboratories, educational and medical institutions, hospital

and health clinics for scientific or educational purpose.


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Licensing Authorities

License to mfg. and convert melt ( P-1) ------- Chief Controller of ExplosivesStevedoring and Bagging ( P-2) ------- Chief Controller of Explosives

Import and Export ( P-5 ) ------- Chief Controller of Explosives

License for storage/possession for( P-3)

Sale and use Less than 30 MT ------- Distt. Authority

Sale and use More than 30 MT ------- Chief Controller of Explosives

Mfg of explosives/ Nitrous oxide ------- Chief Controller of Explosives

Use for agriculture purpose ------- Distt. Authority

License to transport AN for the firms

To whom lic. In P-3 is granted by Distt.

Authorities ( P-4) ------- Distt. Authority

To whom lic. Is granted by CCOE ( P-4) ------- Chief Controller of Explosives


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Role of Distt. Authorities

1. Consideration and grant of No Objection Certificate to all the applicants

2. Grant of license in P-3 and P-4 as given in the previous slide

3. Distt. Authority shall examine and consider the security which should be upto his

satisfaction. ( Rule 12 of AN Rules ) For all the premises granted by Distt authority as

well as CCOE.

4. Receive the copy of monthly return of AN from all the licensees within 10thday of

succeeding month. It is mandatory to the licensees to submit the copy of returns to SP /

DM of the distt and to PESO office under whose jurisdiction the premises lies.

5. Verification of Safety and Security Management Plan by Distt Authority / Licensing

Authority

6. Consignor of AN shall sent an intimation in R-11(a) to SP of the distt from where AN is

dispatched and also to SP of the distt where it is to be received. This intimation must

reach to concerned SP before 24 hrs. from the time of dispatch.And a copy of R-11(b)

shall be enclosed with way bill/invoice


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Role of Distt. Authorities

7. Verification of antecedents of driver and cleaner of the truck transporting AN by thelocal police which need to re verified every 5 years.

8. If the vehicle carrying AN has to stop overnight because of any reasons including

breakdown , local police must be informed.

9. If the vehicle is to pass through the sensitive areas as declared by Min. of Home affairs

Distt Supdt of Police shall provide armed security guards. And transport shall not be

allowed after sunset to sunrise.

10. Powers of search and seizure( under their jurisdiction )

i) Distt Magistrates and magistrate subordinate to him

ii) Commissioners of police and officers not below the rank of Sub-inspector

iii) Chief Controller and officers subordinate to him


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Grant of No objection CertificateAll applicantsneed to obtain No objection Certificate

NOC granting authorityDistt. Authority and Director General of Mines Safety

Distt Authority may consider and grant NOC to all other than to the mines notified underMines Act.

Criteria to be considered for grant of NOC by Distt Authority-

1.Antecedents of the applicant

2.Legal and physical possession of Land

3.Public interest

4.Genuineness of the purpose

5.Any other enquiries he may deem fit.

The enquiries and grant of NOCmust be considered within three months from the date ofreceipt of documents from the applicant and if refused grant of NOC the same must beconveyed within 6 months to the applicant.


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Import and stevedoring/ Bagging

1. Import of AN shall be subject to prior sanction of central government and with Lic.

Granted by CCOE.

2. Ammonium Nitrate shall be brought only on notified ports- Vishakhapatnam

3. Handling within the notified port area shall be governed by Port laws/bylaws.

4. AN shall leave the port premises only in bagged form/ Not in bulk.

5. Stevedore shall obtain the License from CCOE for storage and re-bagging andshall maintain the record of AN dispatched and kept as a stock to/of importer.

6. Importer shall inform to CCOE when the vessel start sailing from the port of dispatch.

7. No AN can be imported by Air.


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Monitoring and verification of compliance

1. Security concerns pertaining to all the AN premises

2. Monitoring of movement and transport of AN through the receipt of

intimation from the licensees and verification of monthly returns.

3. Checking Illegal transport , manufacturing and storage and use of AN.

4. Safety issues pertaining to AN premises

5. Accidents and investigation


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Constraints

1. Manufacturing of Ammonium Nitrate at laboratory or in a small quantity is a easyprocess.

Checking such manufacturing of AN ?

2. Even after extension of date of compliance for implementation of AN Rules 2012 theresponse of industries is lukewarm.

Identification and punitive action is urgent and necessary

3. Delay in grant of No Objection certificates is also one of the constraint.Only stevedore M/s Shravan shipping Services Pvt Ltd could not submit

the NOC so far

4. Small quantity end users, for example quarry owners under minor mineral act are nothaving ANFO licenses granted under ER2008 .

How their requirements are to be addressed.


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Thanks forpatience hearing

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Documents

AN RULES 2013 PRESENTATIION