NOTIFICATION...........Fire Crackers on the eve of Deepavali Festival

GOVERNMENT OF TELANGANA

(Police Department)

                                                    Office of the

                                Commissioner of Police

                                                    Hyderabad City.

No. L&O/A1/1573/2016                                                                Date:  10    -10-2016

NOTIFICATION

1)        Applicants desirous of possessing and selling explosives (Fire Crackers on the eve of Deepavali Festival) on temporary basis within the jurisdiction of the Hyderabad City Police are required to obtain licence under the Explosives Act, 1884 and Rules, 1983 (as amended – 2008), from the Dy. Commissioner of Police of the Zones concerned.  Any contravention would attract penal provisions and other action as stipulated under the Act and the Rules.

2)        The applicants are required to apply for temporary licence in Form-AE5 of the Explosives Rules.  They may collect the application form, if needed from the Zonal Dy. Commissioners of Police for necessary action before 24-10-2016.  Applications submitted thereafter will not be accepted.

3)        They should enclose the following documents along with the duly filled in application form.

    a)    NOC from Divisional Fire Officer.

    b)    Land permission issued by the MCH authorities in case of Govt.                 Land.

    c)    NOC/ agreement from the owner of the land/ premises in case of                 private land.

    d)    Copy of licence issued in previous year.

    e)    NOC from neighbours in case of single shop located in a pucca                 structure.

    f)    Site plan of the shop (Blue print copy).

    g)    Original licence fee receipt for Rs. 500/- (Five hundred) paid in the                 SBH, Gunfoundry, Hyderabad under the following Head of Accounts.

            0055    -    Police

             800    -    Other Receipts

                81    -    Other Items

              001    -    Other Receipts.

4)        Applications received without the above documents will be summarily rejected.

                                    

        M. Mahendar Reddy,

                                         Commissioner of Police

                                                                                              Hyderabad City.

//Attested//

Addl. Commissioner of Police,

(Administration), Hyderabad.

GOVERNMENT OF TELANGANA

(Police Department)

                                                     Office of the

                                Commissioner of Police

                                                    Hyderabad City.

No.L&O/A1/1573/2016                                                                Date:      -10-2016

MEMORANDUM

        Sub:- Explosive Licences - Storage, Transport, Sale and Handling of                                   Explosives – Temporary Fire Cracker Licences on the eve of                                 Deepavali Festival 2016 – Erection of Wholesale/ Temporary Fire                               Cracker Shops – Instructions – Issued – Reg.   

        Ref:-   1) Chief Office Express Memo C.No.678/L&O.1/09, dt:20-11-09.

            2) Letter No. FWS/Misc., dt: 08-09-2015 of Dy. Chief Controller of                    Explosives, Kavadiguda, Secunderabad-80.   

            3) Lr. No. FWs/Misc, dt. 28-09-2016 of Dy. Chief Controller of                    Explosives, Kavadiguda, Secunderabad-80.

        ****

1. Instructions have been issued from time to time for the accurate implementation and application of provisions and rules relating to explosives and explosive substances but the recurrence of mishaps at storage points or in transit or pilferage are coming to notice resulting in great loss of precious lives and property and at times the explosives are reaching left wing extremists.

2. The attention of all unit officers is drawn to the provisions contained in Explosives Act 1884 and the Explosives Substances Act, 1908 (as amended in 2001), and the Explosives Rules 1983 ( as amended in 2008 which came into effect on      23-12-2008).

3. A gist of a few applicable rules is enclosed in Annexure-I for your reference and for briefing the subordinate officers in an exclusive actionable meeting.

4. As regards Licence, Chapter 3 rule 7 states that no person shall manufacture, import, export, transport process for sale, or use an explosives except as authorized under these rules.

5. Rules relating to maintenance of records, books returns and powers of search and seizure, frequency of inspection by law enforcement officers, requirements of security guards for safe custody at the magazine etc., conditions for transport of explosives, documents to be made available during transport are mentioned in Annexure-II.  Rule 9 relates to certain exceptions where licence is not needed and they are mentioned in Annexure-III.

Contd…2

:: 2 ::

6. The Collector and District Magistrate/ Commissioner of Police, is empowered to sanction licence as per Rules 99/113 of Explosives Rules, 2008 (Rule 99 Schedule-IV-Part-I)

    Article 1(a) : Licence to manufacture fireworks or gun powder or both not                          exceeding 15 Kgs at any one time (Form-LE-1)

    Article 2     : Licence to possess gun power not exceeding 15 Kgs at any one                      time for manufacture of adirvettu (defined in Rule-2(3)) and                          possession of  adirvettu not exceeding 200 in number at any time                     (Form LE-2)

    Article 3(a) : Licence to possess for use for agricultural purpose or in small                      quarry, explosives not exceeding 25 Kgs of class-I (gunpowder) or                      class-2 (Nitrate mixture) or class-3 (Nitro compound) and 500                      number of  detonators and 1500 meters of detonating fuse or safety                      fuse at any one time in a magazine.   (Form LE-3)

    Article 4     :  Licence to possess and transport explosives of class-2 or 3 not                    exceeding 25 Kgs, electric or ordinary detonators not exceeding                 200 numbers, detonating fuse not exceeding 100 meters and safety             fuse not exceeding 200 meters in a compressor mounted motor                 truck or tractor for use in well sinking.   (Form LE-4)

    Article 5(a) : Licence to possess and sell from a shop, at any one time not                            exceeding 25 Kgs of small arms Nitro compound.  (Form LE.5)

7. For quantities other than those mentioned above/ classifications of explosives the licence will be granted by the Chief Controller of Explosives, Nagpur/ Joint Controller of Explosives, Chennai, as the case be.

8. As regards Licencing Authority, the Chief Controller of Explosives who is based at Nagpur and also the Joint Chief Controller of Explosives, South Circle, A&D Wing, Block 1-8, 2nd floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600006, Phone No. 044-28287118 based Chennai, are only competent to grant licences.  The licence so issued by these two authorities can be renewed by the Dy. Chief Controller of Explosives located at Hyderabad (Petroleum and Explosives Safety Organizations, 602, 6th Floor, C.G.O. Towers, Kavadiguda, Secunderabad–500080, Phone No. 040-27540359, 24617863, Fax No: (040) 27547803).  The licencees are required to submit return of explosives every quarter to the licencing authority and also to the District Magistrate.

9. All the Officers of the rank of SI of Police/ Inspector of Police and above are empowered and are made responsible to check the place of storage once in six months (as per PSO-299 (5) of APPM) and once a year by SDPO.  They are

Contd…3

:: 3 ::

    empowered under Explosive Rule-128 to enter, inspect and examine any storage     point and seize, detail and remove any explosive and register cases against the     accused for violations, if any.

10. All Zonal DCsP are instructed to ensure that their subordinate officers take up the checking of all storage/ sales points/ vehicle carrying explosives as per the provisions of APPM and report compliance to them.  The contents of the circular should be communicated to all the SHOs/ ACsP, and DCP Task Force are also requested to carry out checks on explosive dealers.  All Officers should be briefed in detail during the next monthly crime meeting.

11. Any Laxity/ Negligence/ Collusion in not implementing these mandatory   provisions should be dealt with severely.  Accountability should be fixed on ACsP/ Inspectors for any negligence.

12. Any incidents that occur in the units will be viewed against the unit heads.

Some specific information relevant to Hyderabad City.

            Explosives licence is granted by the Joint Controller of Explosives, Chennai.  At present, there are 36 licences in the limits of Hyderabad City (list enclosed)

        This licence is granted subject to conditions of Explosives Act, 1884.  Conditions for suspension and revocation of licence are mentioned in Section 6 E of Explosives Act, 1884.

            The guidelines issued by the Dy. Chief Controller of Explosives, Kavadiguda, Secunderabad vide reference 2nd and 3rd cited are mentioned below.

As per Rule 99, Schedule IV, Part I, Article 5(b) of Explosives Rules 2008, a licence in Form LE-5 may be temporarily granted by the District Magistrate for a capacity to possess and sell from a shop, at any one time not exceeding 100 Kgs. of manufactured fireworks of Class 7, Div. 2, Sub Division 2 & 500 Kg. Of Chinese Cracker or Sparklers.

The all zonal DCsP are requested to get the fireworks shops inspected under their jurisdiction and action may be taken against licence holders found selling imported fireworks as per Rule 127 and 128 of Explosive Rules, 2008 as the Dy. Chief Controller of Explosives, Hyd has requested for prohibition of sale of clandestinely imported fire works.

Contd…4

:: 4 ::

          Requirements for permanent (pucca) shop:-

1. As per rule 83 of Explosives Rules, 2008 the firework shops to be licensed for sale of fireworks shall have floor area not less than 9 Sq. Mts. and not more than 25 Sq. Mts.

2. The shops shall be located only on the ground floor of the building and should not be located in sub level or basement or mezzanine floor.  The shops shall completely separate from other parts of the building by substantial walls.
3. Upper floor should not be a dwelling unit.
4. Shop should not be within 15 meter distance from any shop or premises used for storage of any explosive, inflammable or hazardous material.
5. A minimum of 6 meter wide clear motorable road is required (excluding obstructions like electric pole, kerb covered drains, pillars, raised pavements etc.) on the site of the premises with entry and exit facing the road.  
6. The shop should have no electrical apparatus or battery or oil lamp or similar equipment capable of producing spark or ignition and all electrical wiring in the shop shall be fixed and effectively sealed or conducted or mechanically protected.  The main switch or circuit breaker should be provided at the minimum accessible position outside the premises.  It is preferable to have an electrical circuit breaker in the shop.
7. The shop should have an independent entrance and exit from open space.
8. Shop should have doors opening outward.  Alternatively, shop may have rolling shutters but the same must be provided with stoppers, which must be functional.
9. There should be at least two or more fire extinguishers of OCP type of 9 litres capacity each of ISI mark installed in the premises in sound working condition.
10. The shop should have at least 4 sand buckets/ 4 water buckets in the premises.  Additional sand/water buckets depending upon the size of the premises are also required to be kept.
11. “No smoking” signboard in Telugu and English should be displayed in each licenced premises.

12. Fireworks shall not be placed or kept in a shop window used for display of goods.

Contd…5

:: 5 ::

13. Fireworks shall be kept in a spark proof receptacle or the original outer pocket in which they were received if that package is effectively sealed and in good order and condition.
14. A receptacle or package containing fireworks shall be kept in a position away from and clear of shop traffic and to be separated from all articles of a flammable or combustible nature.
15. Where a package containing fireworks is opened for sale, the fireworks shall immediately be placed in a clean, dust free and spark proof receptacle.
16. Any additional CFL or decorative lights with loose and hanging wire at the licensed premises shall not be displayed.
17. No licencee shall sell the fireworks from the pavement or any place outside of shop.
18. Neither any licencee shall encroach the pavement or the abutting road with the goods/fireworks boxes of his shop nor will replace any sale counter on the pavement or the road.

         Requirements for temporary sheds:-

1. The master plan for organization of fireworks booths in individual towns may be prepared well in advance.
2. The shed should be of non-inflammable material.  It should be closed and secured so as to prevent unauthorized persons having access thereto.  It is preferable to be of Asbestos/GI sheets with MS truss.  No Flammable materials such as cloth, wood, tarpaulin etc shall be used in the construction of the shed.
3. In a row of sheds, the adjoining sheds for possession and sales of fireworks shall be at a distance of at least 3 mtrs from each other and 50 meters from any protected works.
4. None of the sheds in one row or in different rows shall be facing each other.

5. No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds.  Electrical Lights, if used, shall be fixed to the wall or ceiling and shall not be suspended by flexible wire.  Switches for each shop shall be fixed rigidly to the wall and a master switch shall be provided for each row of sheds.
6. In no case, the total quantity of fireworks stored inside a shop should exceed the licenced quantity.

Contd...6

:: 6 ::

7. Display of fireworks shall not be allowed within 50 meters of any sheds.
8. In one cluster not more than 50 shops shall be permitted.

9. Temporary sheds shall not be permitted in such open space which serves as the only fall back area for nearby residential or commercial areas.  The area for temporary sheds should not be close to any busy market.  Temporary sheds should be so located that these do not affect circulation of traffic, contingency evacuation including movement of emergency vehicles and smooth movement of pedestrians.  Decision on the above shall be on case to case basis depending upon suitability of place from public security and safety point of view.

10. At least one fire tender shall be continuously parked at strategic location of the proposed booths.

        Further, in case the licensee, permanent or temporary violates any of the conditions imposed in licence or any condition of Explosive Substances Act or Explosive Substances Rules, 2008, the licence may be cancelled.  For permanent licences, the licensing authority is Joint Chief Controller of Explosives, South Circle Chennai and a notice cancelling the NOC has to be issued by the Police.  In case of temporary licenses, the Commissioner of Police, Hyderabad is the licencing authority and the licence may be issued by the Commissioner of Police or any authority working on instructions of the C.P.

        Further, Section 133 (1B) Cr. PC may also be invoked as C.P. has the power of Addl. District Magistrate conferred vide G.O. Ms. No. 485 Home (Courts.B) 29th March, 1974.

                                  M. Mahendar Reddy,

Encl: (As above)                                                                      Commissioner of Police

                                                                                               Hyderabad City.

To   

All the Zonal Dy. Commissioners of Police &

Dy. Commissioner of Police, Task Force, Hyderabad.

Copy to the Dy. Controller of Explosives, 602, 6th Floor, C.G.O. Towers, Kavadiguda, Secunderabad–500080, for information.

//Attested//

Addl. Commissioner of Police,

(Administration), Hyderabad.

GOVERNMENT OF TELANGANA

(Police Department)

                                               Office of the

                                Commissioner of Police

                                                  Hyderabad City.

No.L&O/A1/1573/2016                                                                   Date:      -10-2016

MEMO

        Sub:- Hyd. City Police - Explosive Licences – Issue of temporary Fire                             Crackers Licences on the eve of Deepavali Festival 2016 -                               Erection of Wholesale/ Temporary Fire Cracker Shops –                                 Convening of meeting by all Zonal DCsP along with the dealers of                            the wholesale/ Retail Fire Work Shops and Association Members                             and Divisional Fire Services Officer and Officers of Explosive                                Department – Instructions – Issued – Reg.   

****

        All the Zonal Dy. Commissioners of Police are hereby directed to convene a meeting with all Dealers of Wholesale Fireworks Shops/ Retailer Shop and Association Members of Twin Cities Retail Fireworks Association of their respective areas along with the Dy. Chief Controller of explosives, Hyderabad to discuss the issue relating to erection of Wholesale/ temporary fireworks shops.

1. All Wholesale and retail fireworks shop dealers should scrupulously follow the instructions / guidelines issued by the Jt. Chief Controller of Explosives, Chennai / and the recent instructions issued by Dy. Controller of Explosives, Kavadiguda, Secunderabad. (Copies enclosed).

2. The last date of submission of application is 24-10-2016 at the office of the concerned Zonal Dy. Commissioner of Police and the licenses could be issued from 15-10-2016.

Encl: (As above)

                                                    

        M. Mahendar Reddy,

                                         Commissioner of Police

                                                                                              Hyderabad City.

To

All Zonal Dy. Commissioners of Police, and

Dy. Commissioner of Police, Task Force,

Hyderabad.

//Attested//

Addl. Commissioner of Police,

(Administration), Hyderabad.