How to obtain explosive license for selling fireworks?

Last Updated at: October 22, 2019
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How to obtain an Explosives License for selling fireworks in India?

The sale of fireworks in India is regulated by the Explosive Rules, 1983 which deals with high explosives, low explosives and fireworks for which either approval or license is required. The Explosives Rules were framed to regulate the manufacture, possession, sale, use, transportation and importation of explosives. Licence is required for manufacture, storage, (possession) for sale and/or use, transport, import, the export of explosives, display of fireworks, or for special purpose not covered in the Rules.

Approval is required for the manufacture of a portable magazine, explosives carrying boxes, authorisation of explosives, issue of Foreman Certificate, Acetylene Generator and BMD system.

In this article the following topics will be covered: 

  1. List of government-authorised firework items
  2. Procedure to obtain the license
  3. Documents required to obtain prior approval of the plan
  4. Documents required to obtain a license

List of government-authorised firework items

Whether it is for export, transport, manufacture, or sale, the government has authorised the following firework items under Class 7 Explosives. The quantity and explosive composition are approved by the Chief Controller. 

Amorces or tapes for toy pistols consisting of not more than 1000 dots with explosive composition of a maximum of 4.5 grammes. 

Get Your Trade License

Atom bombs made with gunpowder nitrate mixture or approved quantity of explosive composition 

Chinese crackers: Chinese crackers should not be misunderstood with the Chinese-made firecrackers that are banned in India due to their highly unstable chemical potassium chlorate. According to the Explosives Rules, 1983, Chinese firecrackers are paper shells of size 75mm in length and 15mm in diameter containing gunpowder nitrate mixture or an explosive composition. 

Torches/pencils made of paper tubes in which half of the size is not filled with explosives and a clear marking is made at the firing end. 

Rockets of size not exceeding 76 mm in length and 25 mm in diameter provided it is not a metal case and containing the recommended level of explosive composition.

Whistling rocket made of a paper tube of size, construction, design and containing the recommended amount of explosives. 

Electric sparklers and coloured sparklers consisting of wires containing a mixture of nitrate of barium, aluminium powder, magnesium powder, iron fillings, dextrin and gum. The total weight not exceeding 22 grammes. 

All other types of sound-emitting and light-emitting crackers like palm leaf crackers, garland crackers, combination fireworks, amorces, parachute, maroons, snake pellets, flower pot fountains, coloured matches, siren or whistling crackers, wheel crackers, etc. 

Sound emitting crackers: Sound level must not exceed 125 dB(AI) or 145 dB (C) pk at 4 meters distance from the point of bursting.

Colour and light-emitting crackers (fireworks): Sound level must not exceed 90 dB (AI).

What are the different types of Firework shop?

Fireworks shops are bifurcated on the basis of the quantity of manufactured fireworks or Chinese crackers they are allowed to keep. These includes:

  1. Sale and possession of sparkles and amorces of less than or up to 100kg: These shops are not required to obtain a license.
  2. Sale and possession of fireworks during festive seasons ( temporary Shop): The person putting up the shop is required to obtain a licence from the District Magistrate in Form LE-5 of Explosives Rules, 2008
  3. Sale and possession of up to 100kg of manufactured fireworks and up to 500 kg of Chinese crackers or sparkles in a permanent shop: The person putting up the shop is required to obtain a licence from the District Magistrate in Form LE-5 of Explosives Rules, 2008
  4. Sale and possession of up to 300kg of manufactured fireworks and up to 1,200 kg of Chinese crackers or sparkles in a permanent shop: The person putting up the shop is required to obtain a licence issued by the Petroleum and Explosives Safety Organization (PESO) in Form LE-5 of Explosives Rules, 2008

The maximum permissible limit of sale and possession of fireworks from a shop is 300kg of manufactured fireworks and 1,200 kg of Chinese crackers or sparkles. However, where the requirement exceeds the maximum permissible limit following options are available under Explosive Rules, 2008:

 

  • Storehouse of fireworks: For keeping a maximum of 5000kg of fireworks, the person concerned should have a storehouse. For such storehouse a licence in Form LE-3 of Explosives Rules, 2008 is required. License for storehouse will be issued to those who already have a licence issued by the Petroleum and Explosives Safety Organization (PESO) in Form LE-5 of Explosives Rules, 2008 as storehouse cannot be used as a place to sell fireworks

 

 

  • Magazine of fireworks: For Sale and Possession of more than 5000kg of fireworks, the magazine has to be constructed at a place away from inhabited areas. A licence issued by the Chief Controller of Explosives, Nagpur in Form LE-3 of Explosives Rules, 2008 for fireworks magazines

 

Note: A magazine is a specially constructed building, approved by the Chief Controller, for storage of more than 5 kg of explosives.  A storehouse is a building other than a magazine for the storage of certain types of explosives, including fireworks. 

Procedure to obtain the license

The license for selling fireworks from a magazine or storehouse 

For obtaining license for fireworks magazines, one has to approach the headquarters of PESO (Petroleum and Explosives Safety Organization) in Nagpur. For storehouses and sale and possession of up to 300kg of manufactured fireworks and up to 1,200 kg of Chinese crackers or sparkles in a permanent shop, PESO office of concerned state (usually state capital) is to be approached and for other categories, District Magistrate office will inform about the procedure. 

  1. Fill up the relevant form
  2. Get a No Objection certificate from the District authority which will have a letter and copy of the site/construction plan. Such documents should be duly endorsed by the District authority.
  3. The plan which is approved by the authority should be completed within the stipulated time.
  4. Submit the duly filed license form at PESO office once the construction is complete on the approved site.
  5. For verification, the officer concerned from PESO will visit the site for the inspection of the completed facilities.
  6. Once the above-mentioned procedure is successfully completed, the applicant will be granted a license.

Form 21: To sell explosives not exceeding 2000 kgs. The license is granted by the Controller of Explosives, authorised by the Chief Controller.  

Form 24: To sell fireworks through a shop of quantity not exceeding 100 kgs. It is granted by the Controller of Explosives, authorised by the Chief Controller  

Form 29: For public display of fireworks. The authorising person is the Chief Controller 

Note: PESO is a department, under the Ministry of Commerce and Industry, that regulates the manufacture, import, export, transport, storage and usage of explosive materials, fireworks and other hazardous substances.

Documents required to obtain prior approval of the plan

For getting prior approval of the plan from the concerned circle or sub-circle of PESO office, the applicant is required to have the following documents:

  1. Duly filled application in form AE-5
  2. Five (5) copies of the site/construction plan and the documents related to the land
  3. Five (5) copies of occupier coloured photograph which should have his signature on front
  4. A specimen signature of the person who is authorised to sign correspondence
  5. Demand Draft of Rs. 600 drawn in favour of Joint Chief Controller of Explosives, to be payable at the concerned PESO office
  6. An ID proof of occupier with his photo
  7. Nomination of occupier document 

Documents required to obtain a license

For getting a license, an applicant has to submit the following documents at the PESO office:

  1. Original copy of No Objection certificate from the District authority which will have a letter and copy of the site/construction plan. Such documents should be duly endorsed by the District authority.
  2. Five (5) copies of the site/construction plan
  3. Demand Draft of Rs. 600 drawn in favour of Joint Chief Controller of Explosives, to be payable at the PESO office.

For a license that is obtained from the District Magistrate, the concerned District Magistrate office will inform about the procedure. It is important that the construction of firework shop/storehouse/magazine is as per the approved plan as the license is granted after the complete verification and Inspection by the PESO office. 

For those who want to put up shop during the festive season, for example, Diwali should initiate the process to obtain a license in advance. The process to obtain the license is easy and simple, and the applicant has to go through the Explosives Rules, 2008 thoroughly to find out in which category they fall, i.e., to see the form they are required to fill and the authority to approach. 

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How to obtain explosive license for selling fireworks?

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The sale of fireworks in India is regulated by the Explosive Rules, 1983 which deals with high explosives, low explosives and fireworks for which either approval or license is required. The Explosives Rules were framed to regulate the manufacture, possession, sale, use, transportation and importation of explosives. Licence is required for manufacture, storage, (possession) for sale and/or use, transport, import, the export of explosives, display of fireworks, or for special purpose not covered in the Rules.

Approval is required for the manufacture of a portable magazine, explosives carrying boxes, authorisation of explosives, issue of Foreman Certificate, Acetylene Generator and BMD system.

In this article the following topics will be covered: 

  1. List of government-authorised firework items
  2. Procedure to obtain the license
  3. Documents required to obtain prior approval of the plan
  4. Documents required to obtain a license

List of government-authorised firework items

Whether it is for export, transport, manufacture, or sale, the government has authorised the following firework items under Class 7 Explosives. The quantity and explosive composition are approved by the Chief Controller. 

Amorces or tapes for toy pistols consisting of not more than 1000 dots with explosive composition of a maximum of 4.5 grammes. 

Get Your Trade License

Atom bombs made with gunpowder nitrate mixture or approved quantity of explosive composition 

Chinese crackers: Chinese crackers should not be misunderstood with the Chinese-made firecrackers that are banned in India due to their highly unstable chemical potassium chlorate. According to the Explosives Rules, 1983, Chinese firecrackers are paper shells of size 75mm in length and 15mm in diameter containing gunpowder nitrate mixture or an explosive composition. 

Torches/pencils made of paper tubes in which half of the size is not filled with explosives and a clear marking is made at the firing end. 

Rockets of size not exceeding 76 mm in length and 25 mm in diameter provided it is not a metal case and containing the recommended level of explosive composition.

Whistling rocket made of a paper tube of size, construction, design and containing the recommended amount of explosives. 

Electric sparklers and coloured sparklers consisting of wires containing a mixture of nitrate of barium, aluminium powder, magnesium powder, iron fillings, dextrin and gum. The total weight not exceeding 22 grammes. 

All other types of sound-emitting and light-emitting crackers like palm leaf crackers, garland crackers, combination fireworks, amorces, parachute, maroons, snake pellets, flower pot fountains, coloured matches, siren or whistling crackers, wheel crackers, etc. 

Sound emitting crackers: Sound level must not exceed 125 dB(AI) or 145 dB (C) pk at 4 meters distance from the point of bursting.

Colour and light-emitting crackers (fireworks): Sound level must not exceed 90 dB (AI).

What are the different types of Firework shop?

Fireworks shops are bifurcated on the basis of the quantity of manufactured fireworks or Chinese crackers they are allowed to keep. These includes:

  1. Sale and possession of sparkles and amorces of less than or up to 100kg: These shops are not required to obtain a license.
  2. Sale and possession of fireworks during festive seasons ( temporary Shop): The person putting up the shop is required to obtain a licence from the District Magistrate in Form LE-5 of Explosives Rules, 2008
  3. Sale and possession of up to 100kg of manufactured fireworks and up to 500 kg of Chinese crackers or sparkles in a permanent shop: The person putting up the shop is required to obtain a licence from the District Magistrate in Form LE-5 of Explosives Rules, 2008
  4. Sale and possession of up to 300kg of manufactured fireworks and up to 1,200 kg of Chinese crackers or sparkles in a permanent shop: The person putting up the shop is required to obtain a licence issued by the Petroleum and Explosives Safety Organization (PESO) in Form LE-5 of Explosives Rules, 2008

The maximum permissible limit of sale and possession of fireworks from a shop is 300kg of manufactured fireworks and 1,200 kg of Chinese crackers or sparkles. However, where the requirement exceeds the maximum permissible limit following options are available under Explosive Rules, 2008:

 

  • Storehouse of fireworks: For keeping a maximum of 5000kg of fireworks, the person concerned should have a storehouse. For such storehouse a licence in Form LE-3 of Explosives Rules, 2008 is required. License for storehouse will be issued to those who already have a licence issued by the Petroleum and Explosives Safety Organization (PESO) in Form LE-5 of Explosives Rules, 2008 as storehouse cannot be used as a place to sell fireworks

 

 

  • Magazine of fireworks: For Sale and Possession of more than 5000kg of fireworks, the magazine has to be constructed at a place away from inhabited areas. A licence issued by the Chief Controller of Explosives, Nagpur in Form LE-3 of Explosives Rules, 2008 for fireworks magazines

 

Note: A magazine is a specially constructed building, approved by the Chief Controller, for storage of more than 5 kg of explosives.  A storehouse is a building other than a magazine for the storage of certain types of explosives, including fireworks. 

Procedure to obtain the license

The license for selling fireworks from a magazine or storehouse 

For obtaining license for fireworks magazines, one has to approach the headquarters of PESO (Petroleum and Explosives Safety Organization) in Nagpur. For storehouses and sale and possession of up to 300kg of manufactured fireworks and up to 1,200 kg of Chinese crackers or sparkles in a permanent shop, PESO office of concerned state (usually state capital) is to be approached and for other categories, District Magistrate office will inform about the procedure. 

  1. Fill up the relevant form
  2. Get a No Objection certificate from the District authority which will have a letter and copy of the site/construction plan. Such documents should be duly endorsed by the District authority.
  3. The plan which is approved by the authority should be completed within the stipulated time.
  4. Submit the duly filed license form at PESO office once the construction is complete on the approved site.
  5. For verification, the officer concerned from PESO will visit the site for the inspection of the completed facilities.
  6. Once the above-mentioned procedure is successfully completed, the applicant will be granted a license.

Form 21: To sell explosives not exceeding 2000 kgs. The license is granted by the Controller of Explosives, authorised by the Chief Controller.  

Form 24: To sell fireworks through a shop of quantity not exceeding 100 kgs. It is granted by the Controller of Explosives, authorised by the Chief Controller  

Form 29: For public display of fireworks. The authorising person is the Chief Controller 

Note: PESO is a department, under the Ministry of Commerce and Industry, that regulates the manufacture, import, export, transport, storage and usage of explosive materials, fireworks and other hazardous substances.

Documents required to obtain prior approval of the plan

For getting prior approval of the plan from the concerned circle or sub-circle of PESO office, the applicant is required to have the following documents:

  1. Duly filled application in form AE-5
  2. Five (5) copies of the site/construction plan and the documents related to the land
  3. Five (5) copies of occupier coloured photograph which should have his signature on front
  4. A specimen signature of the person who is authorised to sign correspondence
  5. Demand Draft of Rs. 600 drawn in favour of Joint Chief Controller of Explosives, to be payable at the concerned PESO office
  6. An ID proof of occupier with his photo
  7. Nomination of occupier document 

Documents required to obtain a license

For getting a license, an applicant has to submit the following documents at the PESO office:

  1. Original copy of No Objection certificate from the District authority which will have a letter and copy of the site/construction plan. Such documents should be duly endorsed by the District authority.
  2. Five (5) copies of the site/construction plan
  3. Demand Draft of Rs. 600 drawn in favour of Joint Chief Controller of Explosives, to be payable at the PESO office.

For a license that is obtained from the District Magistrate, the concerned District Magistrate office will inform about the procedure. It is important that the construction of firework shop/storehouse/magazine is as per the approved plan as the license is granted after the complete verification and Inspection by the PESO office. 

For those who want to put up shop during the festive season, for example, Diwali should initiate the process to obtain a license in advance. The process to obtain the license is easy and simple, and the applicant has to go through the Explosives Rules, 2008 thoroughly to find out in which category they fall, i.e., to see the form they are required to fill and the authority to approach. 

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