9911796707
TMI BlogSPECIAL PROVISIONS FOR IMPORT OR EXPORT OF EXPLOSIVESX X X X Extracts X X X X X X X X Extracts X X X X ..... SPECIAL PROVISIONS FOR IMPORT OR EXPORT OF EXPLOSIVES - By: - Mr. M. GOVINDARAJAN - Customs - Import - Export - SEZ - Dated:- 29-5-2019 - - Explosives Section 4(d) of the Explosives Act, 1884 defines the term explosives as gun-powder, nitroglycerine, nitroglycol, gun-cotton, di-nitrotoluene, tri-nitrotoluene, picric acid, di-nitrophenol, tri-nitrorescorcinol (styhphnic acid), cyclotry methylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitrophenol, colored fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause. Licence Chapter V of the Explosive Rules, 2008 deals with the special provisions for import or export of explosives. No licence for import of explosives by land shall be granted without the previous sanction of the Central Government in each case, wherein the Central Government may impose conditions and restrictions in consultation with the Chief Controller. The licence for export of explosives by land shall be granted after getting no objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n certificate issued by the Indian Mission and the Government of importing country. No person shall be granted a licence to export explosives, unless he is holding valid licensed premises for possession and sale of the class and quantity of explosives intended to be exported. Port Rules The provisions of Explosive Rules regulating to handling of explosives at the noticed ports issued under the Act and respective port rules and bye-laws shall be observed. Import of explosives The import of explosives involves the following steps- Declaration by importer; Declaration of master of ship or the ship s agent; Sampling procedures form impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted explosives; Dispatch of samples to the testing officer; Testing of samples; Permission to land explosives Declaration by importer A person holding an import licence shall furnish a declaration to the Chief Controller- In Form RE-8 (Declaration to be submitted to the Chief Controller by an importer on dispatch of explosives from the place or port of loading) as soon as the ship carrying explosives sails from the port of loading; In Form RE 9 (importers dispatch schedule) as soon as any shipment of explosives is cleared from the port of import. Declaration by master of ship or by the ship s agent The m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aster of every ship carrying explosives or the agent for such ship shall give the Conservator of the Port not less 48 hours notice of its intended arrival at the port. The master of every ship carrying explosives shall deliver to the pilot before entering any port, a written declaration in Form CE 2 under the signature. If an anticipation of a ship s arrival, the agent for such ship delivers to the Conservator of the port a written declaration as aforesaid under his signature, no such declaration need to be made by the master of the ship. Every declaration delivered to a pilot shall be made over by him without delay to the Conservator of the Port and all declarations received by the Conservator of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e port shall be forwarded by him, with all convenient dispatch to the Commissioner of Customs. Sampling procedure from imported explosives When the master of, or the agent for, a ship has made declaration as the Commissioner of Customs of the port may authorized in this behalf shall board the vessel and obtain samples of necessary explosives as he deems necessary to be tested, analyzed or examined. The master or the agent shall deliver to the officer without charges, samples of all the explosives of which samples are required to be taken. The samples, if the sampling officer so desires, shall be taken from particular package indicated by him. If the taking of any samples involves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opening of any case, such case shall before it is opened, be removed to an isolated position at a safe distance from any place where consignments of explosives are stored. Dispatch of samples to the testing officer The officer taking a sample of any explosives shall affix to it the name of the ship, the name of the consignee, name of the explosive and such other distinguishing marks, as he may think necessary and shall forward to the testing officer without delay. In the case of nitro compound or a chlorate mixture the date and batch number shall also be affixed to the sample. Testing of samples The testing officer shall test, analyze or examine the samp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les and shall forward to the Commissioner of Customs without delay or an analysis or examination report or test certificate in CE-1 in the case of nitro compound or a chlorate mixture in duplicate under his signature certifying whether the explosives have passed the prescribed tests, analysis or examination. The Commissioner of Customs shall, as soon as practicable and ordinarily within 24 hours after the receipt of the report of the testing officer, forward a copy to the Chief Controller and the Controller of the area having jurisdiction. Permission to land explosives No imported explosives shall be permitted to be landed by the Commissioner of Customs except with the licence for import of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch explosive and after making such other enquiries as considered necessary. Nothing in this rule shall affect the powers of Commissioner of Customs to detain the explosives under any other law for the time being in force. The imported explosives shall be removed from the port premises by the importer as expeditiously as possible. Restrictions on airports for import No explosive shall be imported by air except at the airports authorized for this purpose by the Central Government from time to time. Any explosive not permitted by International Air Transport Authority regulations or by the Director General of Civil Aviation, shall not be imported by air. Any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person intending to import explosives by air shall obtain landing permit from the Director General of Civil Aviation and produce a cop to the Chief Controller prior to issue of licence. A person holding a licence for import of explosives by air or his authorized agent shall give a declaration well in advance before bringing the explosives into the airport to the officer in charge of the airport, the Commissioner of Customs giving full particulars of the explosive intended to be imported. Proper arrangements shall be made by the importer to take direct delivery of the imported explosives and remove the same as expeditiously as possible from the airport. Export of explosives The export o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f explosives involves the following two methods- Declaration by exporter or his agent; Export of explosives by air. Declaration by export or his agent The exporter or his authorized agent shall give the Conservator of the port not less than 48 hours notice of his intention to bring explosive to port for export and shall not bring the explosives to any part of the port without prior permission in writing from the said officer. The exporter or his authorized agent shall produce before the Conservator of a port- Licence granted for export of explosives in question; A certificate issued by the exporter to the effect that the explosives ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been packed and marked in accordance with the UN regulations. The exporter or his authorized agent shall also submit to the Chief Controller, on export of each consignment and within 21 days from the date of actual export, copy of bill of lading and return in Form RE 10 (Declaration to be submitted to the Chief Controller by the exporter on dispatch of explosives from the place or port of loading). Export of explosives by air Explosive of any kind and quantity, which is not included in international Air Transport Association regulations or not permitted by Director General or Aviation shall not be exported by air. A person holding a licence for export of explosives by ai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r or his authorized agent shall give a declaration well in advance before bringing the explosives into the airport to the officer in charge of the airport or the Commissioner of Customs and the Chief Controller giving full particulars of the explosives intended to be exported. Explosives meant for export shall be brought to the airport after making proper arrangements and only after the aircraft is ready for loading explosives and explosives so brought to the airport shall be loaded directly into the aircraft. If for any unforeseen circumstances, explosives brought to the airport cannot be loaded into the aircraft, such explosives shall be stored in an isolated shed under guard as directed by the officer in charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the airport and all due precautions against theft, fire or explosion shall be taken. Any person intending to export explosives by air shall obtain permission from the Director General of Civil Aviation and produce a copy to the Chief Controller prior to grant of export licence. - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
