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CHAPTER
III
IMPORTATION
OF CYLINDERS
PART I
General
3.
Licence
for import of gas cylinders. – No person
shall import any cylinder filled or intended to be filled
with any compressed gas except under and in accordance
with the conditions of a licence granted under these.
PART
II
Importation
by Sea
4. Declaration
by the Master of ship or ship’s agent. –
(1) The master of every ship carrying cylinder filled with
compressed gas for importation into India or agent for
such ship shall give the Conservator of the Port not less
than 48 hour’s notice of its intended arrival at the
port.
(2) The master of every ship carrying such
cylinders shall deliver to the pilot before entering any
Port a written declaration under his signature in Form A:
5. Production of licence
for import.
– Every person desiring to import cylinders filled
with any compressed gas or intended to be so filled shall
produce personally or through his agent before the Customs
Collector his licence for the import of such gas
cylinders.
6.
Permission of the Customs
Collector. –
(1) no imported cylinder shall be landed except with the
permission of the Customs Collector.
(2)
If the Customs Collector is satisfied that the gas
cylinders can lawfully be imported he shall permit it to
be landed.
(3)
Nothing in this rule shall affect the power of the Customs
Collector to detain the gas cylinders under any other law
for the time being in force.
PART
III
Importation
by land
7.
Importation
by land. – No gas cylinder filled with any
compressed gas shall be imported by land save with the
previous sanction in each case of the Central Government
and under such conditions and restriction as it may
impose.
PART
IV
Importation
by Air
8.
Importation
by Air. – No cylinder with any compressed gas
shall be imported by air save with the previous sanction
in each case of the Director General Civil Aviation.
PART
IV
TRANSPORT OF CYLINDERS
9. Transport
of cylinders by vehicles. –
(1) Cylinders filled with any compressed gas shall not
be transported by a bicycle or any other two-wheeled
mechanically propelled vehicle.
(2)
Cylinders shall be so transported as not to project in the
horizontal plane beyond the sides or ends of the vehicle
by which they are transported.
(3)
There shall be no sharp projections on the inside of the
vehicle.
(4)
Cylinders shall be adequately secured to prevent their
falling off the vehicle and being subjected to rough
handling excessive shocks or local stresses.
(5)
Cylinders transported in vehicles shall be blocked or
braced and be so secured to prevent movement striking each
other or falling down.
(6)
Cylinders filled with any compressed gas shall not be
transported along with any other article of a highly
flammable or corrosive nature.
10.
Restriction on transport.
–
(1) Cylinders containing flammable gases shall not be
transported along with the cylinders containing any other
type of compressed gas :
Provided
that such cylinders containing inflammable gases in
quantity for which no licence for possession is necessary
under CI. (c) of Rule 52 may be transported along with
cylinders containing any other type of compressed gas.
(2)
Cylinders containing toxic or corrosive gas shall not be
transported along with food-stuffs.
11.
Loading
and unloading for transport. –
(1) No lifting magnet shall be used in loading or
unloading of cylinders filled with any compressed gas.
(2) When any such operation is carried on by means of a
crane or a fork-lift truck a proper cradle with chains or
wire rope slings shall be used.
12. Protection
of valves during transport. – (1) Every
cylinder containing compressed gas shall when transported
have its valve protected against damage in the manner
provided in sub-rules (2) and (3) unless it is securely
packed in a box or crate.
(2)
Where the design of the cylinder does not provided for the
valve lying wholly below the level of the cylinder a shout
metal cap metal cover or a protective metal ring or gill
of a design approved by the Chief Controller shall be
provided the design being such that the cap or cover or
ring or gill is no where in close proximity to any part of
the valve or valve body.
(3)
Where metal caps or metal covers are provided to protect
valves fitted to cylinders other than those containing
highly toxic gases like Hydrogen Cyanide, Phosgene,
Cynogen Chloride it shall be provided with a vent of such
size so as to prevent any gas pressure inside the cap or
covers.
(4)
Cylinder containing highly toxic gases like Hydrogen
Cyanide, Phosgene, Cynogen, Cynogen Chloride gases shall
have their valves protected with gas-tight metal caps or
covers.
(5)
Nothing in sub-rules (1) (2) and (3) shall apply to
cylinders containing Oxygen or Nitrogen oxide for medical
purpose having water capacity not exceeding 5 litres.
13.
Leaky-cylinders.
–
(1) No person shall tender or transport any leaky
cylinder.
(2)
Any cylinder containing a flammable or toxic gas which
develops a leak during transport shall promptly be removed
to an isolated open place away from any source of ignition
and the person responsible for transportation shall
immediately contact the filler or consignor as the case
may be for necessary advice.
CHAPTER
VII
FILLING
AND POSESSION
51.
Licence for filling and
possession. –
(1) No person shall fill any cylinder with compressed gas
and no cylinders filled with compressed gas shall be
possessed by any one except under and in accordance with
the conditions of a licence granted under these rules.
(2)
The licensee shall be responsible for all operations
connected with the filling and possession of cylinders in
the licensed premises.
52.
No licence needed for filling and
possession in certain cases. – Notwithstanding
anything contained in rule 51 no licence shall be
necessary for: -
(a)
filling small quantity of compressed gas from one cylinder
to another for the purpose of any experiment or test for
breathing;
(b)
possession of any cylinder filled with a compressed
gas by a carrier or other person for the purpose of
transport in accordance with the provisions of these
rules;
(c)
possession of cylinder filled with:-
(i)
liquefied petroleum gas when the total quantity of
gas does not exceed 100 Kg at any one time;
(ii)
any other flammable but non-toxic gas when the
total number of cylinders containing such gas does not
exceed 15 or the total weight of gas does not exceed 125
Kg whichever is less at any one time;
(iii)
any non-flammable non-toxic gas when the total
number of such cylinders does not exceed 50 at any one
time;
(iv)
any toxic gas when the total quantity of such
cylinders does not exceed 5 at any one time;
(v)
acetylene gas contained in cylinders in dissolved
state when the total quantity of such cylinders does not
exceed 15 at any one time;
53.
Restriction on filling. –
No person shall fill any cylinder with any compressed
gas unless such a cylinder and its valve or other fitting:
-
(a)
are of approved type and standards as per rule 3 and has
been specifically approved for filling by the Chief
Controller;
(b)
have passed the examination and test specified in
rules 41 and 42 ;
(c)
conform to the provisions of rules 4, 5, 6, 7 and
8.
54.Working
pressure and filling ratios. –
(1) The working or internal pressure in any cylinder
charged with a permanent gas shall not exceed two-third of
the test pressure.
55.Prior approval of specification
and plans of premises proposed to be licensed. (1)
Every person desiring to obtain a licence to fill and
store any compressed gas in any cylinder shall submit to
the Chief Controller: -
(i)
specifications and plans drawn to scale in
triplicate clearly indicating : -
(a)
the manner in which the provisions prescribed in these
rules will be complied with
(b)
the premises proposed to be licensed the area of
which shall be distinctly colored or otherwise marked;
(c)
the surrounding area lying within 100 meters of the
edge of all facilities which are proposed to be licensed.
(ii)
A scrutiny fee of rupees fifty paid in the manner
prescribed in rule.
(2)
If the Chief Controller after scrutiny of the
specifications and plans and after making such inquiries
as he satisfied that compressed gas will be filled and
stored in the premises proposed to be licensed according
to the provisions of these rules he shall return to the
applicant one copy each of all the specifications and
plans signed by him conveying his sanction subject to such
conditions a he may specify.
56.Grant
of licence. - A licence under these rules may be granted by the Chief
Controller on payment of the fees specified in Schedule V.
57.
Application for licence.
– A person wishing to obtain or renew a licence
under these rules shall submit an application in writing
to the Chief Controller –
(a)
in Form ‘B’ if the application is in respect of a
licence in Form ‘D’ and
(b)
in Form ‘C’ if the application is in respect of
a licence in Form ‘E’ or Form ‘F’.
57.
Period for which licences
may be granted or renewed. –
(1) A licence in Form ‘D’ for the import of cylinders
filled or intended to be filled with compressed gas may be
granted for such period as the Chief Controller may deem
necessary subject
a maximum of one year.
(2)
A licence in Form ‘E’ or Form ‘F’ for filling and
storage of compressed gas respectively granted or renewed
under these rules shall remain in force till the 31st
day of March of the year upto which the licence is granted
or renewed subjected to a maximum of three years.
(3)
Notwithstanding anything contained in sub-rule (2) the
chief Controller where he is satisfied that a licence is
required for a specific work which is not likely to last
up to 31st day of March of the year upto which
the licence is granted or renewed may grant or renew and
licence for such a period as is necessary.
58.
Particulars of licence.
–
(1) Every licence granted under these rules shall be
subject to the conditions specified therein and shall
contain all the particulars which are contained in the
form specified under these rules.
(2)
One copy of the plans for the licensed premises signed in
token of approval by the Chief Controller shall be
attached to the licence which shall form part of such a
licence and an identical copy shall be filed for record in
the Office of the Chief Controller.
59.
Prior approval necessary
for alteration in the licensed premises. –
(1) No alteration shall be carried out in the licensed
premises until the plan or plans showing such alteration
ha been approved in writing by the Chief Controller.
(2)
A person wishing to carry out any alteration in the
licensed premises shall submit to the Chief Controller.
(i)
three copies of a properly drawn plan of the
licensed premises showing in distinct colours the proposed
alterations and the reasons therefore;
(ii)
a scrutiny fee of rupees ten paid in the manner prescribed
in rule 72.
(3)
If the Chief Controller after scrutiny of the plan showing
the proposed alteration and after making such enquiries as
he deems fit is satisfied that the proposed alteration may
be carried out he shall return to the licensee one copy of
the plan signed by him and conveying his sanction subject
to such condition or conditions as he may specify.
(4)
The holder of the licence shall apply to the Chief
Controller for the amendment of the licence as soon as the
sanctioned alteration has been carried out.
(5)
No additions or alterations carried out in the licensed
premises sanctioned by the Chief Controller shall be
brought into use unless the licence is received by the
licensee duly amended.
60.
Amendment of licence.
–
(1)
Any licence granted under these rules may be amended by
the Chief Controller.
(2)
The fee for amendment of a licence shall be rupees ten
plus the amount if any by which the fee that would have
been payable if the licence had originally been issued in
the amendment form exceeds the fee originally paid for the
licence.
(3)
A licence who desires to have his licence amended shall
submit to the Chief Controller -
(i)
an application duly filled in and signed in Form
‘B’ if the licence has been granted for the import of
compressed gas cylinders and Compressed gas in cylinders;
(ii)
the licence sought to be amended together with the
approved plans attached to it;
(iii)
where any alterations in the licensed premises
have been carried out three copies of the properly
drawn plans showing the alterations sanctioned under rule
60 by the Chief Controller;
(iv)
fees for the amendment of the licence as specified
in sub-rule (2).
61.
Renewal of licence. –
(1)
A licence may be renewed by the Chief Controller.
(2)
Every licence granted in Form ‘E’ and Form ‘F’
under these rules may be renewable for three financial
years where there has been no contravention of the
provisions of the Act or any rules framed thereunder or of
any condition of the licence so renewed.
(3)
Where a licence which has been renewed for more than one
year is surrendered before its expiry the renewal fee paid
for the unexpired portion of the licence shall be refunded
to the licensee provided that no refund of renewal fee
shall be made for any financial year during which the
Chief Controller receives the renewed licence for
surrender.
(4)
Every application for the renewal of a licence shall be
accompanied by the licence, which is to be renewed
together with approved plans attachment to the licence and
the renewal fee.
(5)
Every application for the renewal of a licence shall be
made so as to reach the licensing authority at least
thirty days before the date on which it expires and if the
application is so made the licence shall be deemed to be
in force until such date as the Chief Controller renews
the licence until an intimation that the renewal of the
licence is refused has been communicated to the applicant.
(6)
Where the renewal of a licence is refused the fee paid
shall be refunded to the licensee after deducting
therefrom the proportionate fee for the period beginning
from the date from which the licence was to be renewed
upto the date on which renewal thereof is refunded.
(7)
The same fee shall be charged for the renewal of a licence
for each financial year as for the grant thereof:
Provided
that –
(i)
if the application with accompaniments required
under sub-rule (4) is not received within the time
specified in sub-rule (5) the licence shall be renewed
only on payment of a fee amounting to twice the fee
ordinarily payable;
(ii)
if such an application with accompaniments is
received by the Chief Controller after the date of expiry
but not later than thirty days from the date of expiry the
licence may without prejudice to any other action that the
fee ordinarily payable :
Provided
further that in the case of an application for the renewal
of a licence for a period of more than one financial year
at a time the only for the first financial year of
renewal.
(8)
No licence shall be renewed if the application for renewal
is received by the Chief Controller after thirty days of
the date of its expiry.
62.
Refusal of licence.
–
(1) The Chief Controller shall while refusing to grant
amend renew a licence record his reasons for such refusal
in writing.
(2) A copy of the
order containing the reasons for such refusal shall be
given to the applicant on payment of a fee of rupees five
paid in the manner prescribed in rule 72.
63.
Suspension and Cancellation
of licence. –
(1) Every licence granted under these rules shall be
liable to be suspended or cancelled by an order of the
Chief Controller for any contravention of the Act or of
any rules framed thereunder or of any condition contained
in such licence or by an order of the Central Government
if at any time the continuance of the licence in the hands
of the licensee is deemed objectionable provided that
–
(i)
before suspending or cancelling a licence a licence
under this rule the holder of the licence shall be given
an opportunity of being heard;
(ii)
the maximum period of suspension shall not debar
the holder of the licence from applying for its renewal in
accordance with the provisions of Rule 62.
(2)
Notwithstanding anything contained in sub-rule (1) an
opportunity of being heard may not be given to the holder
of a licence before his licence is suspended or cancelled
in cases -
(i)
where the licence is suspended by the Chief
Controller as an interim measure of violation of any of
the provisions of the Act or these rules or of any
condition contained in such licence his opinion such
violation is likely to cause imminent danger to the public
Provided
that where a licence is so suspended the Chief Controller
shall give the holder of the licence an opportunity of
being heard before the order of suspension is confirmed;
(ii)
where the licence is suspended or cancelled by the
Central Government if that Government considers that in
the public interest or in the interest of the security of
the State such opportunity should not be given.
(3)
The Chief Controller or the Central Government suspending
or cancelling a licence under sub-rule (1) shall record
its reasons for so doing in writing.
64.
Procedure on expiration
suspension or cancellation of licence. –
A person licenced to fill or store compressed gas
shall on the expiration suspension or cancellation of his
licence forthwith give notice to the Chief Controller of
the nature and quantity of compressed gas in his
possession and shall comply with any directions which the
Chief Controller may give in regard to disposal.
65.
Appeal. –
(1) an appeal shall lie with the Central Government
against any order passed by the Chief Controller refusing
to grant amend or renew a licence or cancelling or
suspending a licence.
(2)
Every appeal shall be in writing and shall be accompanied
by a copy of the order appealed against and shall be
presented within sixty days of the order passed.
66.
Procedure on death or
disability of licence. –
(1) If a licensee dies or becomes insolvent or
mentally incapable or is otherwise disabled the person
carrying on the business of such licensee shall not be
liable to any penalty of confiscation under the Act or
these rules of exercising the powers granted to the
licensee during such time as may reasonably by required to
allow him to make the original licence in respect of the
year in which the licensee dies or becomes insolvent or
mentally incapable or is otherwise disabled :
Provided
that nothing in this sub-rule shall be deemed to authorise
the exercise of any power under this sub-rule by any
person after expiry of the period of the licence.
(2)
a fee of rupees five shall be charged for a new licence
for the unexpired portion of the original licence to any
person applying for it under this rule and the fee shall
be paid in the manner prescribed in Rule 72.
67.
Loss
of licence. – Where a licence granted under
these rules is lost or accidentally destroyed a duplicate
may be granted on submission of a copy of the plans or
plan identical with those attached to the licence and on
payment of a fee of rupees ten paid in the manner
prescribed in Rule 72.
68.
Production of licence on
demand. – (1) Every person holding or acting
under a licence granted under these rules shall produce it
or an authenticated copy of it at the place to which the
licence applies when called upon to do so by any of the
officer specified in Rule 77.
(2)
Copies of any licence may for the purpose of this rule be
authenticated by the authority which granted the licence -
(a)
on payment of a fee of rupees five in the manner
prescribed in Rule 72 for each authenticated copy; and
(b)
on the submission of a copy or copies of the plans
identical with the approved plan or plans attached to the
licence.
69.
Procedure on reports of
infringement. – The District Authority shall
inform the Chief Controller of the Action taken by him on
any reports of infringement of the Act of these rules
which the Chief Controller may make to him.
70.
Executive control over
authorities. – Every authority other than the
Central Government acting under this Chapter shall perform
its duties subject to the control of the Central
Government :
Provided
that nothing in this rule shall be deemed to affect the
powers of executive control of the Chief Controller over
the officers subordinate to him.
71.
Payment of fee. – All
fees payable under these rules shall be paid through
crossed demand draft drawn on any Nationalised Bank in
favour of the Accounts Officers Pay & Accounts Office,
Department of Explosives, Nagpur. In case however the
amount does not exceed Rs. 100 (rupees one hundred) the
payment may be made by cash money order postal order or
cheque drawn on a local Bank.
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