The Static and Mobile Pressure Vessels 
(Unfired) Rules, 1981

CHAPTER V

LICENSES

45. Licence for storage of compressed gas. 

No person shall any compressed gas in any vessel except under and in accordance with the conditions of a licence granted under these rules. 

46. Prior approval of specification and plans of vessels and premises proposed to be licensed

1. Every person desiring to obtain a licence to store any compressed gas in any vessel 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 shall be complied with ;

(b)     the pre misesproposed to be licensed the area of which shall  be distinctly colored  or otherwise marked ;

(c)     the surrounding area lying within 100 metres of the edge of all facilities which are proposed to be licensed ;

(d)     the position capacity materials of construction and ground and elevation views of all vessels all valve and fittings filling and discharge pumps and fire – fighting part of the premises proposed to be licensed ; and

          (ii)   A scrutiny fee of rupees one hundred paid in the manner specified in rule 11. 

2. If the chief controller after scrutiny of the specifications and plans and after making such inquiries as he deems fit is satisfied that compressed gas can be stored in the premises proposed to be licensed he shall return to the applicant one copy each of all the specifications and plans signed by him conveying his sanction which may be subject to such conditions as he may specify.

47.  Licence for transport of compressed gas. 

1. No compressed gas filled in a vessel shall be transported by a vehicle except under in accordance with the conditions for a licence granted under these rules.
   

2. Nothing in this rule shall apply to the transport of compressed gas filled in a vessel by a railway administration.

48. Grant of licence

A licence prescribed under these rules shall be granted by the chief controller on payment of fees specified in the schedule attached to these RULES.

49. Application for licence

A person wishing to obtain or renew a licence under these rules shall submit to the chief controller 

1.  An application –

(a)   in form i, if the application is in respect of a licence in form iii ; and

(b)  in form ii if the application is in respect of a licence in form iv; 

2. A certificate of safety under rule 33 or rule 43 as the case may be ;
   

3. Four copies of the drawings approved by the chief controller under rules 35 and 46.

50.    Period for which licences may be granted or renewed

1. A licence in form III for the storage of compressed gas granted or renewed under these rules shall remain in force until the 31^st day of  March of the year upto which the licence is granted or renewed subject to a maximum of three years.
   

2. Notwithstanding anything contained in sub-rule (1) the Chief Controller may if he is satisfied that a licence is required for a specific work which is not likely to last upto the 31^st day of March of the year upto which the licence is granted or renewed grant or renew a licence for such period as is necessary.
   

3. A licence in Form IV for the transport of compressed gas by a vehicle may be granted for such period, as Chief Controller may deem necessary subject to a maximum period of one year.

51. 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 plan or plans for the licensed premised signed in token of approval by the Chief Controller shall be attached to the licence which shall form part of such licence and an identical copy shall be filled for record in the Office of the Chief Controller.

52. Power of licensing authority to alter conditions

Notwithstanding anything contained in rule 51the Chief Controller may omit alter or add to any of the conditions specified in the Form of a licence. 

53. Prior approval necessary for alteration in the licensed premises

1. No alteration shall be carried out in the licensed premises until the plan showing such alteration has 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 colour or colours the proposed alteration and the reasons therefor;

(ii)         Scrutiny fee of rupees fifty paid in the manner specified in rule 11. 

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 a licence shall apply to the Chief Controller the amendment of the licence as soon as the sanctioned alternation has been carried out.

54. 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 amended Form exceeds the fee originally paid for the licence. 
   

3. A licensee who desires to have licence amended shall submit to the Chief Controller -  

1. an application duly filled in and signed in Form I if the licence has been granted to store any compressed gas and in Form II if the licence has been granted for the transport of compressed gas;
   

2. the licence sought to be amended together with the approved plans attached to it ;
   

3. where any alteration in the licensed premises has been carried out three copies of the properly drawn plan showing the alteration sanctioned under rule 53 by the Chief Controller;  
   

4. fee for the amendment of the licence as specified in sub-rule (2);
   

5. a certificate of safety if required under rule 33. 

55.  Renewal of licence

1. A licence granted under these rules may be renewed by the Chief Controller.
   

2. Every licence granted under these rules other than a licence in Form IV may be renewable for three financial years where there has been no contravention of the Act or the rules framed thereunder or of any conditions 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 made for any financial year during which the Chief Controller receives the renewed licence for surrender.
   

4. Every application shall be accompanied by the licence which is to be renewed together with approved plans attached to the licence and renewal fee paid in the manner specified in rule 11.
   

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 or until an intimation that the renewal of the licence is refused has been communicated to the application.
   

6. Where the renewal of a licence is refused the fee paid for the renewal 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 thereof is refused.  
   

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 an application with accompaniments is received by the Chief Controller after the date of expiry but not later than thirty days from that the licence may without prejudice to any other action that may be taken in this behalf be renewed on payment of twice 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 fee prescribed under clause (I) or clause (ii) of the first proviso if payable shall be paid only for the first financial year of renewal.

8. No licence shall be renewed if the application for renewal be received by the Chief Controller after thirty days of the date of its expiry.    

56.    Refusal of licence

1. The Chief Controller refusing to grant amend renew or transfer a licence shall 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 specified in rule 11.

57.  Suspension and cancellation of licence

1. Every licence granted under these rules shall be liable to be suspended or cancelled by order of Chief Controller for any contravention of the provisions of the Act or these rules 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 :

Provide that -

(i)                  before suspending or cancelling 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 exceed three months;

(iii)               the suspension of a licence shall not debar the holder of the licence from applying for its holder of the licence from applying for its renewal in accordance with the provisions of rule 55. 

58.    Procedure on expiration suspension or cancellation of licence

a person licensed to 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 direction which the Chief Controller may give in regard to its disposal. 

59.    Appeals

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.

60. Procedure on death or disability of licence

1. If a licence dies or becomes insolvent or is mentally incapable or is otherwise disabled the person carrying on the business of such licensee shall not be liable to any penalty or confiscation under the Act or these rules for exercising the powers granted to the licensee during such time as may reasonably be required to allow him to make an application for a new 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 the 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 granted to any person applying for it under this rule.

61. Loss of licence

When a licence granted under these rules is lost or accidentally destroyed a duplicate may be granted ion the submission of a copy of the plan or plans identical with those attached to the licence and on payment of a fee of rupees ten paid in the manner specified in rule 11. 

62. Production of licence on demand

1. Every person holding or acting under a licence granted under these rules shall produce it or authenticated copy of it at the place to which the licence applies when called upon to do so by any of the officers specified in rule 69.
   

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 specified in rule 11 of 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. 

63. 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 or of these rules which the Chief Controller may make to him. 

64. 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 rules shall be deemed to affect the powers of the executive control of the Chief Controller over the officers subordinate to him.

CHAPTER VI

EXEMPTION

65. Powers to exempt

The Central Government may on the recommendation of the Chief Controller in exceptional cases by order and for reasons to be recorded in writing exempt storage and transportation of any compressed gas in any vessel from all or any of the provisions of these rule on such conditions if any as may be specified in the order

CHAPTER VII

ACCIDENTS AND INJURIES

66.  Notices of accident

The notice of an accident required to be given under sub-section (1) of Section 8 of the Act shall given forthwith : 

(i)          to the Chief Controller by express telegram (Telegraphic Address – Explosives, Nagpur )  followed within twenty-four hours by a letter giving particulars of the occurrence;  and

(ii)        to the officer-in-charge of the nearest police station by the quickest route. Pending the visit of the Chief Controller that he does not wish any further investigation or inquiry to be made all wreckage and debris shall be left untouched except in so far as its removal may be necessary for the rescue of persons injured and recovery for the bodies of any persons killed by the accident or in the case of railways for the restoration of through communication. 

67. Inquiry in to accidents

1. Whenever a District Magistrate a Commissioner of police or a Magistrate to a District Magistrate holds an inquiry under sub-section (1)  of Section 9 of the Act he shall adjourn such and inquiry unless the Chief Controller or an Officer nominated by him an present to watch the proceedings or the Magistrate has received written information from the Chief Controller that he does not wish to send a representative.
   

2. The Magistrate shall at least fourteen days before holding the adjourned inquiry send to the Chief Controller notice in writing of the time and place of holding the adjourned inquiry.
   

3. Where an accident has been attended with loss of human life the Magistrate before the adjournment may take evidence to identify any bodies and may order the internment thereof.
   

4. The Chief Controller or his representative shall be at any such inquiry to examine any witness subject to the order of the Magistrate on points of law.
   

5. Where evidence is given at an inquiry at which the Chief Controller or an officer nominated by him is not present of any neglect as having caused or contributed to the explosion or accident or of any defect in or about or in connection with any installation or any defect in or about or in jury to require a remedy the Magistrate shall send to the Chief Controller notice in writing of the neglect or defect.

68.    Inquiry into more serious accidents

1. Whenever an inquiry is held under Section 9-a of the Act the persons holding such inquiry shall hold the same open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accident and enabling them to make the report under this rule : 

Provided that where the Central Government so directs the inquiry may be held in camera.

2. Persons attending as witnesses before the Court under sub-rule (1) shall be allowed such expenses as are paid to witnesses attending before a civil court subordinate to the High Court having jurisdiction in the place where the inquiry is held and in case of any dispute as to the amount to be allowed the question shall be referred to the local Magistrate who on a request being made to the Court shall ascertain and certify the proper amount of such expenses.
   

3. All expenses incurred in or about an inquiry or investigation under this rule shall be deemed to be part of the Department of Explosive in carrying the Act into execution.

CHAPTER VIII

POWERS 

69. Powers of inspection search seizure, detention and removal

1. Any of the officers specified in the first column of the Table below may exercise the powers mentioned in sub-section (1) of  Section 7 of the Act in the areas specified in the corresponding entry in the second column of that areas specified  in the corresponding entry in the second column of that Table :-