How To Get A Temporary License? Rules and Types

Want to capitalize on the high demand for firecrackers in India during the festive and cricket season? Keep reading this article to learn how.

With the festive and cricket season approaching, if you want to put up a temporary fireworks booth, then this article is for you. Due to environmental concerns, there have recently been a whole lot of regulations being imposed on the sale of crackers. And you don’t want to land yourself in the grips of government officials for illegally selling crackers over the holiday season. Do you?

This comprehensive guide will show you how to apply for a temporary license to sell firecrackers. The following topics will be covered in the article:

• What types of licenses are available for the sale of crackers?
• What requirements must be met in order to obtain a temporary license for the sale of crackers?
• What paperwork is required to obtain a temporary license for the sale of crackers?

What Types of Licenses Are Available for the Sale of Crackers?

The procedure for obtaining any type of cracker license is the same across the country. The sale of firecrackers is governed by the Explosives Act and the provisions of the Explosive Rules 2008. The specifications for temporary license conditions are set out in Chapter VII of the statute.

A temporary license is not required if you intend to sell only amorces and sparklers weighing up to 100 kg. However, according to the Explosives Rules 2008, you must still follow all the safety regulations and take all necessary precautions in the interest of public safety.

But you must compulsorily apply for a temporary fireworks license if you want to sell mixed types of crackers (including amorces, sparklers, and other types of firecrackers) weighing 100 kg or more. 

Under the aforementioned statute, there are two types of licenses that can be obtained:

• Temporary licenses: The concerned district Deputy Commissioners of Police are in charge of granting a temporary license for the sale of fireworks weighing up to 600 kg (100 kg of manufactured fireworks of class-7, division-2, subdivision-2, plus 500 kg of Chinese crackers or sparklers).
• Permanent licenses: According to the city’s Master Plan, permanent fireworks licenses will be granted by the Additional Commissioner of Police and that too they will only be granted for a shop located on a commercial street or in a commercial shopping center.

If you want to apply for a temporary license to sell ‘green firecrackers’ weighing no more than 600 kg, you may need to set up a ;pucca shop’ or ‘temporary shed.’

Note: ‘Green firecrackers’ are firecrackers with low levels of pollution-causing chemicals such as aluminum, potassium nitrate, and carbon, which are commonly used in the manufacture of firecrackers. These green crackers are designed to reduce emissions by at least 15-30% and are tested for color, brightness, smoke, noise, and particulate matter.

Criteria for Availing of a Temporary License for the Sale of Firecrackers

The following criteria should be met in order to obtain a temporary license for the sale of crackers as per the provisions of the Explosive Rules 2008 under the Explosives Act.

• The shop must be located on a commercial street or in a commercial center 
• The shop should have a minimum floor area of 9 square meters and a maximum floor area of 25 square meters.
• The person who wishes to set up the shop must be above 18 years of age. Persons addicted to intoxicants and of unsound mind will not be granted the license.
• The shop must be located on a clear motorable road that is at least 6 meters wide, excluding electric poles, kerbs, covered drains, and pillars with entry and exit facing the road so that it is accessible to firefighters.        

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Rules for Pucca Shop

• The shop must be located on the ground floor of a building and should not be located on a sub-level, basement, or mezzanine floor.
• The upper floor should not be a dwelling unit.
• The shop should be beyond 15 meters in distance from any other shop or premise used for storage of any explosive, inflammable or hazardous material.
• The shop should have no electrical apparatus, battery, oil lamp or similar equipment capable of producing spark or ignition.
• All electrical wiring in the shop should be fixed and effectively sealed, conducted or mechanically protected. The main switch or circuit breaker should be provided at an immediately accessible position outside the premises.
• The shop should have adequate ISI-approved fire-fighting equipment.
• The shop should have an independent entrance and emergency exit leading to an open space.
• The shop should have doors opening outwards. Alternatively, the shop may have rolling shutters but the same must be provided with stoppers, which must be functional.

Rules for Temporary Sheds

• The shed should be made of non-flammable material. It should be capable of being closed and secured so as to prevent unauthorized persons from having access to it.
• Each shed should be at a distance of at least 3 meters from each other and 50 meters from any protected works.
• The sheds should not be facing each other.
• No oil-burning lamps, gas lamps or naked lights should be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light if used should be fixed to the wall or ceiling and should not be suspended by flexible wire. 
• Switches should be fixed rigidly near the ceiling and a master switch should be provided for each row of sheds.
• The display of fireworks should not be allowed within 50 meters of any sheds.
• In one cluster, not more than 50 shops should be permitted.
• Temporary sheds are not permitted in any open space which serves as the only fallback 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 they do not affect the circulation of traffic, contingency evacuation including the movement of emergency vehicles or the smooth movement of pedestrians. 
• A decision to grant license to temporary sheds is given on a case-to-case basis depending upon the suitability of the place from a public security and safety point of view.

Documents Needed for Availing the Temporary License for the Sale of Crackers

Anyone who is applying for a temporary license for the sale of crackers and fireworks should have the following documents available in original as well as in copies:

• Application form which one can obtain with the help of Vakilsearch licensing experts
• Notarized affidavit
• Site plan of the premises prepared by a registered architect

Note: The site plan should clearly show the approach road, electric wiring network, nearby structures and distances from nearby protected works as well as telephone junctions, transformers, etc

• Four photographs of the premises (5X7 inches) from different directions depicting the clearance from adjoining shops/premises and other shops of similar nature
• For temporary sheds, a copy of the application must be submitted to the land-owning agency for obtaining its NOC
• Proof of ownership/tenancy of the premises
• Any other documents as prescribed in the checklist available with the application form 
• Age proof of the applicant

In case your application for the temporary license is rejected

1. You can re-apply to the licensing authority with the help of Vakilsearch experts
2. The licensing authority will then intimate us of grounds for rejection in writing 
3. With the help of our experts, you will be able to appeal before the Joint Commissioner of Police of the concerned district along with a prescribed fee in cash or DD
4. If the appeal is upheld by the appellate authority, the fee shall be refunded to you.

FAQs: Temporary License

Why is a temporary firecracker license necessary?

A temporary firecracker license is essential to regulate the sale and use of firecrackers during specific events or festivals. It ensures compliance with safety measures, noise pollution norms, and prevents unauthorised and hazardous usage.

Who can apply for a temporary firecracker license?

Event organisers, businesses, or individuals planning firecracker displays or sales during festivals or events can apply for a temporary firecracker license. It is crucial for those intending to handle or distribute fireworks within the specified period.

Where do I apply for a temporary firecracker license?

Applications for a temporary firecracker license are typically submitted to the local authorities or the designated licensing body responsible for overseeing fireworks and explosives. Contact the relevant municipal or district office for specific application procedures.

What documents do I need for the application?

Commonly required documents for a temporary firecracker license include identification proof, event details, safety measures plan, and any additional permits mandated by local authorities. Ensure accurate and complete documentation to facilitate a smooth application process.

What safety regulations are associated with temporary firecracker licenses?

Temporary firecracker licenses come with stringent safety regulations. These may include maintaining a safe distance from crowded areas, providing firefighting equipment, adhering to noise limits, and ensuring proper disposal of waste. Compliance with these regulations is critical for public safety.

What are the consequences of violating license conditions?

Violating conditions of a temporary license can result in legal actions, fines, or revocation of the license. Additionally, it poses serious risks to public safety. Strict adherence to license conditions is crucial to prevent accidents, injuries, and legal consequences.