EXPLOSIVES/ To Obtain a Temporary Firecrackers License.

Point to Remember:-

1 If you are contemplating selling only amorces & sparklers upto 100 Kilograms then you do not require a temporary license (However, all the conditions/safety measures must be observed as per Explosives Rules-2008 in the interest of public safety at large).
2 But if you want to sell mixed crackers (amorces, sparklers & other crackers) even upto 100 Kilograms or a higher quantity then it is mandatory that you apply for a temporary fireworks license. For selling fireworks upto 600Kg (100 kg of manufactured fireworks of class-7, division-2, subdivision-2 plus 500 kg of Chinese crackers or sparklers) the temporary license will be granted by the concerned district Deputy Commissioners of Police

Applicants for temporary fireworks licence upto 600 Kilograms may either have a ‘pucca shop’ or ‘temporary shed’ meeting the following requirements: -

Requirements for pucca shop:-

1 The shop should have minimum floor area of 9 sq metres and maximum floor area of 25 sq metres.
2 Shop should be located on a commercial street or in a commercial shopping centre as per Master Plan Delhi-2021.
3 Shop must be located on the ground floor of the building and should not be located in sub level or basement or mezzanine floor.
4 Upper floor should not be a dwelling unit.
5 Shop should not be within 15 meter distance from any shop or premises used for storage of any explosive, inflammable or hazardous material.
6 A minimum of 6 meter wide clear motorable road is required (excluding obstructions like electric pole, kerb, covered drains, pillars, raised pavements etc.) on the site of the premises with entry and exit facing the road.

However the above two conditions are not applicable in areas covered under the decision of Hon’ble Supreme Court of India with regard to CWPs No. 499 & 747/93 and 4651/93 and the conditions as per the decision shall be applicable.

1 Shop should have no electrical apparatus or battery or oil lamp or similar equipment capable of producing spark or ignition and all electrical wiring in the shop should be fixed and effectively sealed or conduited or mechanically protected. The main switch or circuit breaker should be provided at the immediate accessible position outside the premises.
2 Shop should have adequate ISI approved fire fighting equipment.
3 Shop should have independent entrance and emergency exit from open space. Alternatively, shop may have single opening which can be used both for entry and exit, as per the decision of Hon’ble Supreme Court of India in I.A. of 1993 in SPL NO. 17329/93 Babu Lal & Ors. Vs. DCP/Licensing and Ors. However, such entry should be wide enough for easy evacuation and not open into other premises.
4 Shop should have doors opening outwards. Alternatively, shop may have rolling shutters but the same must be provided with stoppers, which must be functional.

Requirements for temporary sheds:-

1 The shed should be of non-flammable material. It should be closed and secured so as to prevent unauthorized persons having access thereto.
2 The sheds should be at a distance of at least 3mtrs from each other and 50 mtrs from any protected works.
3 The sheds should not be facing each other.
4 No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light if used shall 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.
5 Display of fireworks shall not be allowed within 50 mtrs of any sheds.
6 In one cluster not more than 50 shops shall be permitted.
7 Temporary sheds shall not be permitted in such open space which serves as the only fall back 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 these do not affect circulation of traffic, contingency evacuation including movement of emergency vehicles and smooth movement of pedestrians. Decision on the above shall be on case to case basis depending upon suitability of place from public security and safety point of view.

Know your rights:-

In case, your application for temporary fireworks license is rejected:

1 You have right to be heard by the licensing authority before rejection of such application.
2 The licensing authority has to intimate you in writing and mention the ground of such rejection in the said letter.
3 You have right to appeal before Joint Commissioner of Police of the concerned range in Delhi along with a fee of Rs. 200/- in cash or through demand draft.
4 In case appeal is upheld by the appellate authority, the fee shall be refunded to you.

Documentation required to be submitted:-

1 Application form (Click to Download)
2 Notarised affidavit (Click to Download)
3 Site plan of the premises prepared by a registered architect.
4 Four photographs of the premises (5X7 inches) from different directions depicting the clearance from adjoining shops/premises and other shops of similar nature.
5 Proof of ownership/tenancy of the premises.
6 Any other documents as prescribed in the checklist available with the application form.

The applicant must be above the age of 18 years.

Note:-The above guidelines are only indicative and not exhaustive. For details kindly see the Explosives Act 1884, and the Explosives Rules 2008.

IF YOU ARE PLANNING TO SELL ONLY UPTO 100 KG OF SPARKLERS AND AMORCES THEN YOU DO NOT NEED ANY LICENSE, AS PER THE EXPLOSIVE RULES, 2008. HOWEVER, YOU WILL BE RESPONSIBLE FOR ANY FIRE ACCIDENT HENCE, TAKE ALL THE NECESSARY SAFETY PRECAUTIONS.

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