STATUTORY CLEARANCES REQUIRED

FOR STARTING

A CAPTIVE COAL MINE

VENKAT

July 2010

Legal flow scheme to start production from a captive

Ministry structure – GoI:

Legal flow scheme to start production from a captive mine:

Schedule of Legal actions for the Mine:

Sl. No Permission / Clearance Authority / Act Likely Schedule

1 Prospecting License MMDR Act

2 Permission to drill in forest Forest Conservation Act

1981

3 Grant of Prospecting License MMDR Act

4 Mining Plan Application Ministry of Coal

5 Mining Plan approval Ministry of Coal

6 Mining Lease Application MMDR Act, MCR

7 Environmental Clearance

Application MoEF

8 Forest Diversion Proposal

application

Forest Conservation Act

1981

9 Wild life management plan

approval Wild Life Act, MoEF

10 R&R of forest dwellers Forest Dwellers Act

11 Labour related Permissions

Minimum Wages Act,

Contract Labor Abolition

Act

12 Permission to change usage of land State Revenue Dept

13 Permission to start a vocational

cum technical training centre

Factories act, VT Rules,

State laws??

14 Permission to draw water State Water Resource

Dept

15 Permission to draw construction

power

State Industry Dept and

Electricity Board

16 Grant of Forest Clearance Forest Conservation Act

1981

17 Grant of Environmental Clearance MoEF

18 Use of Radio Frequency

communication system in mines Ministry of Defense

19 Grant of Mining Lease MMDR Act, MCR

20 Vocation Training VT Rules

21 Approval from National Highway

authority for diversion of highway

National Highway

authority

22 Diversion of Nallah Water Resource Depot,

Pollution Control Board

23 Use of Explosives Indian Explosive Act,

Ministry of Petroleum

24 Use of Explosive Van, Design of

Magazine, Location of Petrol Pump

Indian Explosive Act,

Ministry of Petroleum

Sl. No Permission / Clearance Authority / Act Likely Schedule

25 License for storage of Petroleum Petroleum Act, Chief

Controller of Explosives

26 Permission for Boilers Boilers Inspector

27 Permission to use premises as

factory Factories act

28 Completion of Land Acquisition

process LA Act

29

Opening Permission, Traffic Rules,

Exemptions under certain

provisions of CMR, Dumping Rules,

etc

Coal Mines Regulation,

CMR

1. PROSPECTING LICENSE:

Check list:

• Application in Form B to the concerned District Magistrate of respective State, India

with a non – refundable fee calculated @ Rs. 250 per sq. km. and further Rs. 50 for

every subsequent sq. km.

• Affidavit Stating No Mining dues and Income Tax due in the State.

• Company registration certificate (copy).

• Power of attorney of authorized person who will sign the application.

• List of Board of Directors.

• Resolution of the company for appointing the authorized signatory.

• Attested copy of the memorandum of association and article of association.

• Year wise work schedule and expenditure.

• Cadastral Map of the area on 1:4,000 scale in case of revenue land or 1:15,000 in case of

forest land.

• Details of the financial and technical capability of the company.

• Any other information desired by the applicant or office.

2. PERMISSION TO DRILL IN FOREST

Check List:

• Form ‘A’ (Part-I, II, III, IV, V)

• Copy of Govt. of India MoC regarding allocation of coal block.

• Authenticated Land schedule of P.L. Area

• Consent letter of party to undertake Test drilling

• Undertaking to pay statutory due

• Power of Attorney to sign this proposal.

• Article of Association

• Location map of PL area shown in Topo sheet in 1:50,000 scale.

• Village map indicated the location of PL area.

• Location map indicating the proposed boreholes for drilling.

3. MINE PLAN

Check list:

• Copy of the block allotment letter

• Copy of the formation of joint venture company

• The authorisation letter for the authorised signatory by directors of the joint venture

company

• Authorisation to the RQP to prepare mine plan. This should be signed by the authorised

person.

• Undertaking from the joint venture partners to abide by all the provisions of the

approved mine plan.

• The block boundary marked on the cadastral plan and certified by CMPDI

• The land schedule of the block area indicating forest land, agricultural land, non-forest

land, Govt. land and gochar land if any.

• The land use plan

• Location plan of the block with respect to nearby railway station and road.

4. MINING LEASE:

Check list

• Application in Form I to the DM office of respective State, India with a non – refundable

fee of Rs. 3500

• Affidavit Stating No Mining dues and Income Tax due in the State.

• Company registration certificate (copy).

• Power of attorney of authorized person who will sign the application.

• List of Board of Directors.

• Resolution of the company for appointing the authorized signatory.

• Attested copy of the memorandum of association and article of association.

• Cadastral Map of the area on 1:4,000 scale in case of revenue land or forest Map in case

of forest land. on 1:15, 000 scale.

• Copy of the Prospecting Licence Order.

• Details of the financial and technical capability of the company.

• Prospecting report stating proof of mineral as per UNFC system.

• Self certification for filing of prospecting data.

• Any other information desired by the applicant or DM office.

5. SITE SPECIFIC WILD LIFE MANAGEMENT PLAN:

Check list

• Copy of Grant order issued by the Dept. of Steel & Mines, State Govt.

• Copy of Mining Plan with approval of I.B.M. along with Mines Closure Plan and

Reclamation plan.

• N.O.C. issued By State Pollution Control Board

• Copy of Forest Diversion proposal with Maps

• Land Schedule of the lease area.

• List of Villages with demographic features coming within 10 K.Ms from the core of the

lease area.

• Cattle Population of the said villages.

• Note on local geology, rock and soil.

• Note on mines drainage.

• Note on existing perennial nalas/seasonal nalas existing in the lease area.

• Map of the lease area depicted on the corresponding Topo Sheet along with adjoining

leases within a radius of 10 K.Ms.

• List of wild animals/birds etc. locally seen by the villages.

• Authentication of Flora & Fauna by DS.F.O. concerned.

• Note on dependence of people on the forests proposed for diversion for mining.

• Note on communication to the lease area from Bhubaneswar.

• Note on mode of transport of ore from the mine to the plant.

• Note on employment to be generated by establishment of the plant.

• Map of the lease shown on the village sheet.

• Vegetation map of the area along with the zone of impact (5 K.Ms.).

• Lease area shown on the District map.

• Digital Photo of the Mining Lease area, virgin forest area, mine pits, sprinkling system,

reclamation area, soil conservation methods taken, sign boards provided for educating

workers etc.

6. FOREST DIVERSION PROPOSAL:

Check list

• Copy of Lease grants order.

• Copy of renewal of M.P. order/RML application form "D"

• Copy of lease deed / if any in case of R.M.L.

• Copy of Approved Mining Plan/ Scheme with Progressive Mine Closure Plan with letter

of approval of IBM/ Ministry of Coal, Govt. of India in case of Coal Mine

• Copy of Environmental clearance obtained from MoEF or copy of T/O/R. approved by

MoEF

• Copy of NOC consent to establish issued by State Pollution Control board

• Short narrative of the proposal

• R.L. highest & lowest in the mine

• Note on Drainage Pattern

• Note on Local Geology, Risk and Soil

• Note on latitude and longitude

• Note on distance from nearest Rail Head, N.H., if any

• Annual rate of Production/ Life of Mine

• Generation of employment potentiality of the project

• Cost of Iron Ore / Manganese Ore to be produced annually vis-a vis Steel. In case of Coal

the grade and its cost and value addition cost when converted to power.

• Copy of MOU made with the State Govt. for establishment of Steel Plant for mineral

beneficiation or Power Plant, if any.

• Population to be benefited directly & indirectly

• Rehabilitation of any village, if involved then copy of draft R & R Plan

• Cost of the project i.e. Cost on infrastructure / Cost on operation / Cost of establishment

/ Cost of raw material / Cost to be paid to State Forest Dept. for Con. Affn & NPV etc.

• Copy of article of Association

• Copy of affidavit to sign the diversion proposal

• Land use details i.e. for Mining / Storing Minerals / Storing of O.B. /Const. of

infrastructure / Road & Railway / Magazine with Safety Zone

• Land schedule authenticated by Tahsildar, concerned

• Details of Broken Forest Land map dully authenticated by the Official present on the

date of verification

• Location of Map / Topo Sheet indicating lease area with adjoining Leases / Map of lease

area in villager sheet / Map of broken area / Existing land use map / Proposed land use

map / Safety zone map / Phased reclamation map / Method of reclamation /Map of

non-forest land identified for compensatory aforestation / Geological Map.

7. ENVIRONMENTAL CLEARANCE:

Procedure – Steps

• Screening: This phase facilitates decision-making about applicability of EC process. It

provides clear guidance to decide whether the proposed project requires environmental

clearance from MoEF or not. If not, does it require clearance from State Department

(like in thermal Power plant) or to approach State Pollution Control Board for Consent

to establish.

• Siting and EIA Report Preparation: This phase facilitates identifying the siting guidelines

applicable to the project so as to select the right location for the proposed project. This

phase also guides about the stage when it can start detail rapid EIA study.

• Public hearing: This phase facilitates screening the applicability of public hearing for the

proposed project and what steps to follow for completion of public hearing completion.

It also provides the direction of legislated time limit applicable to pubic hearing process

and NOC from Pollution Control Board.

• Other Approvals, recommendations, and certifications: This phase provides direction

for approvals / recommendation essential in case utilities like power, water, raw

material; handling of hazardous chemicals, hazardous waste, explosives etc has the

repercussion on environment before the EC process. These requirements would

necessitate approvals from the concerned government departments. This phase also

provide direction about the Coastal Regulated Zone (CRZ) approvals requirement and its

applicability.

• Clearance from IAA-MoEF: This phase facilitates the steps of EC process and time limits

for completion of EC process.

• Post Environmental Clearance Monitoring: This phase defines the monitoring

requirement once a project has been accorded environmental clearance.

Check List:

Screening

• To check the requirement of Environmental Clearance –

o Capital Investment – from Project proponent

o Technical Information of project - from Project proponent

o Regulations Applicable and requirement under them – from MoEF / SPCB / State

Department of Environment websites / Gazette Notification

Siting

• Obtain site clearance / consent to establish / air and water consent from State Pollution

Control Board

o Basic project information – includes information about location, proposed

investment, manpower, raw materials, products, manufacturing process, siting

details, climate, settlement

o Regulations Applicable and requirement under them

o Emission inventory of air pollution

o Assessment of waste water discharge

o Information about solid waste/hazardous waste

o Other type of pollution like noise, odour pollution, emergency mgmt.

o Other attachments

� Industrial license

� Explosive license

� Permission from local body

� Land schedule of the site

� Layout map of the proposed project

� List of pollution control equipment

� Process flow chart

EIA Report Preparation

• Preparation of EIA report and submission to MOEF for their appraisal

o General information about the proposed facility

o Geographical information

o Environmental settings

o Mine details

o Micro-meteorological information

o Air environment

o Water environment

o Waste management

o Noise environment

o Fuel/Energy requirements

o Atmospheric impact

o Pollution load statement (applicable to expansion/modernization plants)

o Occupational health and safety

o Pollution control

o Green belt

o Construction phase

o Human settlement

o Environment Management Plan

o Emergency preparedness and Response plan

Public Hearing

• Conduct of public hearing of the project and grant of NOC from SPCB

o Requisite number of copies of Executive summary of the project in English and

local language.

o EIA report (on request by concerned stake holder)

o Advertisement in two newspapers notifying about the public hearing (one should

be of the local language.

o Filled in Form I prescribed under Air (prevention and control of pollution) Act

1983.

o Filled in Form 13 prescribed under Water (prevention and control of pollution)

Act

Other certifications, recommendations and approvals

• Grant of other licenses, approvals and recommendations from concerned departments

o Approval of ground water board / irrigation department / municipality for water

supply

o Approval of electricity connection from electricity supply board

o Approval of chief controller of explosives for storage of hazardous substances

o Forest Clearance from state department of Forest

o Approval from atomic Energy Division Mining plan approval from Indian Bureau

of Mines / Ministry of Coal Observations / recommendations of chief wildlife

warden

Clearances from IAA-MOEF

• Environmental clearance from MOEF

o 20 copies of filled up application form as per Schedule II of EIA notification dated

27th

Jan 1997

o 20 copies of EIA/Risk assessment report

o Filled in Questionnaire along with enclosure/other approvals

o One copy of project report (RAP report if required, NOC and public hearing

report)

Post Project Monitoring

• Monitoring the terms and conditions for environmental safeguards as stipulated by IAA

o Six monthly compliance report to be submitted to the regional MOEF

o Monitoring report/suggestions and recommendations to the MOEF.

8. PROCEDURE TO DRAW WATER:

• The District Collector accords permission for drawal of water of less than 1 mgd in

consultation with W.R.D, subject to clearance from Pollution Control Board and

availability of water.

• For industrial use, necessary Government order has to be obtained through the Regional

Chief Engineer. To draw water of 1 mgd and above from Government sources for

industrial / drinking water use etc., approval of Government is essential. Prior to that

approval of the Water Utilization Committee / Technical Committee is required.

Conditions for drawing water from a reservoir:

• The withdrawal of water will be in accordance with provisions of Orissa irrigation rules.

• The company will complete all the formalities required under the rule and obtain a

license from the competent authority of the Water Resource Department.

• The company will execute necessary agreement(s) with competent authority of the

Water Resource Department.

• The company will submit water management plan in support of their demand. They

should have appropriate arrangement for treatment and recycling of waste water

generated for reuse. Only consumptive use and evaporation loss need be drawn from

the reservoir. The proposal should include assessment and use of groundwater as well

as tapping of nearby streams or other sources.

• The company will have a back up storage to meet their minimum requirement for a

period of about a month during dry season.

• The company will install appropriate flow meters/measuring devices of approved quality

at their cost to measure the quantity of water drawn for industrial purposes and

domestic use purpose separately. The project authorities shall have unrestricted access

and authority to monitor and vary the withdrawal.

• The company will pay the water rates in force or as may be fixed by the government

from time to time.

• The company will compensate the loss of power generation on account of water drawn

for industrial purpose.

• Any water generated will be treated by the Company to applicable standard before

disposal into water bodies or otherwise.

• The company will submit their viable and economical proposal for the intake

location/structure and conveyance arrangement to the Department for approval.

Construction of the structure can be taken up only after approval of design/drawings by

the Department. The project authorities shall have the right to check on the

implementation of the approved plan by the company. Satisfactory

functioning/operation of the intake and conveyance system would be the responsibility

of the company.

• The company shall ensure that there will be no adverse impact on the ecosystem and

other environmental set up while implementing the scheme.

• The pollution control board or other authorities of the government shall have the right

to monitor the implementation of the environmental management plan. All applicable

statutory stipulations should be compiled by the company.

• The company shall not claim as a matter of right to get the desired quantity of water for

meeting their full industrial use during the lean period.

• The R&R action plan/welfare action plan, as applicable, shall be implemented by the

company at its cost.

• The safety and design of all the structures will lie fully with the company.

• In case of any dispute/interpretation required, the decision of the department of water

resources, state government shall be final and binding.

9. PERMISSION TO DRAW POWER FROM STATE ELECTRICITY BOARD:

Check List

• Certified copy of the Articles of Association/memorandum.

• Certified copy of the incorporation of the company.

• Certified copy of the partnership deed.

• Certified copy of the registration of the firm by the registrar of the firms.

• Certified copy of the constitution of the Society/ trust.

• Certified copy of the registration of the society by the Registrar of societies.

• Special power of attorney for the authorized signatory duly notarized.

• Certified copy of the resolution authorizing the signatory to sign on behalf of the

company.

• Certified copy of the NOC from PPCB.

• Certified copy of the NOC from PUDA.

• Affidavits/ undertakings.

• Undertaking that the company or its sister concern is not involved in theft case.

• Undertaking that no court case or dispute is pending with the Board.

• Undertaking to the effect that the Consumer shall not Claim damages in the event of

fluctuation of voltage on the system.

• Undertaking that no other connection is running in his premises.

10. PERMISSION TO CHANGE LAND USE:

• Applicant’s application has Rs.2/- court fee stamp.

• The letter of the Executive Officer/Commissioner/Member Secretaries.

• S.F.No. and sub division and S.F.Nos of the proposed change of land use.

• Area for the S.F.No. and sub division S.F. No.

• F.M.B. sketch for S.F.No. and sub division S.F.No.

• If the proposed site is an agricultural wet/dry land, give details along with sites and

additional copies.

• Whether the proposed change of land use site has a land use of wet/dry/cultivated dry

land/developed residential area/industrial /area/others in the Master Plan.

• The Master Plan extract map with the certification of Town Planning Officer/Local body

officers should be enclosed.

• Topo sketch with a radius of 100 metres around the boundary of the site indicating the

existing developments, present land use and building.

• Map showing clear cut boundary details with S.F.Nos and sub division S.F.Nos to be

enclosed.

• Site inspection reports of Town Planning Officer and Executive Officer to be enclosed.

• Local body and Local Planning Authorities (LPA) resolution and recommendations.

• Inspection report of the Member Secretary of LPA's/New Town Development

Authorities (NTDA's).

• Inspection report and recommendation of regional Deputy Director of Town and

Country Planning.

• As per the G.O.Ms.No.57 H&U.D. Dept dated 18.01.90, Treasury Chalan for a sum of

Rs.2500/- should be annexed. (Original Chalan Copy)

• If the proposed site falls in agricultural land, a No Objection Certificate obtained from

the Government to Secretary Agricultural Department should be enclosed.

• Encumbrance vertificate.

• Xerox copies of document.

• If the Change of land use proposed for industrial purpose and the site lay within 1 k.m.

distance of riverside and a consent letter from the Pollution Control Board should be

obtained and enclosed. If the chemical factory is proposed, a consent letter from the

Pollution Board should be enclosed..

• Along with application 3 sets of maps, should be enclosed.

• The applicant should submit the completed application to the Director of Town &

Country Planning through respective local bodies, LPA, NTDA and RDD.

The department will scrutinize all the application and forward to the Government with

necessary recommendation and while doing so, the matter will be informed to the

applicant.

11. PERMISSION FOR RADIO FREQUENCY COMMUNICATION:

Procedure

• Submission of Community Radio Station (CRS) application to CRS Cell, Ministry of

Information & Broadcasting, Govt. of India (MoIB, GoI)

• Clearance from ministries and security check - by various ministries of GoI, including

Civil Aviation, Defense, Home affairs, Communication

• Presentation to screening committee - to panel of govt. and civil society representatives

at MoIB in New Delhi

• Issue of Letter of Intent (LoI) by MoIB, GoI

• Application for SACFA clearance and frequency allocation - within a month of LoI issue

to Wireless Planning & coordination wing (WPC), Dept. of Telecommunication &

Information Technology (MoCIT), Govt. of India

• Issue of SAFCA (Standing Advisory Committee on (Radio) Frequency Allocation)

clearance and frequency by WPC

• Application for grant of permission agreement (GoPA) to MoIB with frequency in hand

• Issue of GoPA by MoIB, GoI - sign this within a month of issue

• Application for wireless operating license (WoL) to WPC, DoT, MoCIT

• Issue of WoL by WPC, DoT, MoCIT

• Commencement of CRS operations - within 3 months of signing of GoPA

Check list

• A copy of your application to the Ministry of Information & Broadcasting (MoIB) for

setting up the CRS;

• A copy of the Letter of Intent (LoI) issued to you by the ministry (Reference No., date

etc.);

• A Demand Draft for Rs.1000 in favour of The Pay & Accounts Officer, Headquarters,

Dept. of Telecommunication, payable at New Delhi and preferably on the State Bank of

India. This may be shortened to ‘PAO, HQ, DoT’ if necessary. (Note: SBI is to be strongly

recommended, but there are some indications that other banks’ drafts may also do. But

stick with SBI if you can.) You will need the DD number, issuing bank, and date.

• Details regarding the proposed CRS address, location, contact details: This will include

geographical details for the station location [Latitude and longitude, and Measurement

from Sea Level (MSL) both preferably obtained from a Global Positioning System – or

GPS – device. You may also be able to obtain these from a Survey of India map of your

area.]

• Details of the height of the building on which the mast and/or antenna will be installed

(in case they will be installed on the building);

• Email address and contact details of the authorized signatory for the CRS application.

12. NATIONAL HIGHWAY DIVERSION:

Procedure

• STEP 1: In the first stage of approval process the consultant has to prepare the

Feasibility report, which should includes the site plan and alignment plans for diversion

of National highway showing various options with merits and demerits, preliminary cost

estimates and necessitate / justifications for diversion.

• STEP 2: Report will have to be submitted to Executive Engineer – District division of

National Highway for review.

• STEP 3: The proposal/ report will be reviewed by Executive Engineer and will have to be

modified as per the comments.

• STEP 4: The modified proposal/ report has to be resubmitted for principal approval of

alignment.

• STEP 5: The proposal/ report will be forward to the Chief Engineer – National Highway

division in State capital for further processing.

• STEP 6: The report will be then forwarded to Ministry of Surface Transport (MOST) for

principal approval of final alignment along with the recommendations of CE, NH State.

• STEP 7: LAND ACQUISITION AND APPROVALS FROM OTHER AUTHORITIES

o After getting the approval from authority for final alignment for proposed

National Highway under diversion, the Owner has to acquire the land.

o The land acquisition will have to be taken in the name of “Bharat Sarkar” and will

be hand it over to National Highway Authority of India (NHAI), before starting

the construction work.

o The construction of National Highways process will be done by NHAI.

o The Owner shall have to take all the necessary approvals from the concerned

authorities for diversion of National Highways. Following are the list of approvals

to be taken by the Owner for diversion of National Highways;

� Crossing the Canals and Nallah – Irrigation Department, State Govt.

� Crossing the existing railway lines – Railway Department

� Crossing the Forest Area – Ministry of Environment and Forests (MoEF),

India

13. NALLAH DIVERSION:

Procedure

• Preparation of Report for proposed scheme of diversion

• Submission of report to Executive Engineer (EE), town division, Water resource dept,

State.

• Review by EE, Town Division, Water resource department, State.

• Review by Chief Engineer (CE), WR Dept-State headquarters, State.

• Put up the proposal by CE to Committee, Water resource department, State.

• Send to Water resource department, New Delhi, Govt. of India for approval

• Acceptance by Water resource department, GoI with recommendations.

14. HIGH TENSION POWER LINES DIVERSION:

Procedure

• The venture/project management shall give application to Senior General Manger (TP &

C) of State Power Transport Corporation Limited (SPTCL) giving details of project and

proposal for diversion. The proposal is presented before a committee chaired by CMD of

SPTCL and approval for re routing will be given by CMD.

• After receiving approval venture has to conduct route survey and route map has to be

submitted to SPTCL for review and approval.

• Based on approved route SPTCL will prepare estimate and calculate Supervision charges

and deposit. The supervision charges are 22% of total estimate.

• The execution of work has to be done by venture.

15. USE OF EXPLOSIVES (http://peso.gov.in/wmindex.html):

• Purpose of license form 22 - The license in Form-22 of Explosives Rules, 1983 is granted to

possess and use of explosives from a magazine…

• Licensing Authority (i.e. the authority empowered to grant license):

o For possess and use up to 2000 kgs of explosives from a magazine, the license will be

granted by the respective Circle Office of the Department of Explosives.

o For possess and use explosive of more than 2000 kgs from a magazine, the license is

granted by CCE, Nagpur.

• Procedure for Grant of License

Various on-line steps adopted for grant of license in form-22 are as under:

1. Submission of drawings and the other required documents by the applicant to the

licensing authority for construction approval of the proposed premises.

2. Forwarding of draft license and other documents to the concerned District Magistrate

for NOC by the licensing authority.

3. Approval of the drawing by the licensing authority for construction of the facilities in the

proposed premises on receipt of NOC.

4. After completion of construction of the facilities, submission of drawings and the other

required documents by the party to the licensing authority for grant of license of the

premises.

5. Grant of license by the licensing authority.

6. Inspection of the magazine by the officer of the Department of Explosives.

7. Endorsement of the license.

1. Submission of documents by applicant for construction approval:

Applicant must submit the following documents to the licensing authority for prior approval

for construction of facilities:

• Application Form-5 duly filled in and signed by the applicant/ authorized employee.

Typed copy of form-5 (given in the Explosives Rules, 1983) is acceptable. Please note

that no column of the form should be left blank. Inapplicable columns should be filled

as NA i.e., not applicable. Full postal address with pin code should be written. No

overwriting or major corrections will be accepted. Minor correction should be initialed.

• Application Form 17 duly filled in and signed showing distances actually observed.

• Six copies of drawings (blue print or computerized one without hand correction). Each

copy of drawing must show the details of site, layout, construction, sectional and

elevation view and necessary noting as stated below:

� Approach road to the premises may also be incorporated in the site details for

proper identification of the location and approach to the premises.

� The applicant should ensure and confirm that the site selected for the proposed

premises should have a clear title or undisputed legal status.

� The proposed premises should have proper access and approach road for the

purpose of inspection, fire-fighting and rescue operation, movement of fire-

tenders etc.

• The proposed site should no way interfere or bring legal confrontation with other Acts

and Rules administered by the Central Govt., State Govt., local authority etc.

Regarding layout plan:

o The layout of the premises should show the plan view.

o The layout plan must show the dimensions of the magazine.

Regarding sectional/elevation view:

o The drawing should show the sectional view of the magazine both cross-sectional and

the longitudinal view.

o The sectional view of the magazine must show the height and constructional details,

wall thickness and other details must also be incorporated in the drawing.

o The number and location of Z type ventilators and the height, bonding and nature of

lightning conductor system (which must conform to IS 2309)

Noting to be depicted in the drawing:

o All important noting as given above should be incorporated in the drawing.

o The drawing must indicate Khasra/Survey/ Kila no. and full address of the situation of

the premises.

2. Departmental Action : Forwarding of draft license to DM for NOC

The documents submitted by the applicant should be verified and proper scrutiny should be

exercised as follows:-

• The application Form-5 submitted by the party is be checked to confirm that the

proper mailing address, signature of the party and all other relevant columns have

been duly filled in by the applicant. No overwriting or major corrections

are entertained. Minor correction if any, are be attested by the applicant.

• The application Form 17 most of the distances have been given but in case there is

any inadvertent omission regarding distance from proposed premises to few

surrounding structure/facilities then such distance(s) are read as per scale given in

the drawing.

• Sectional view has been properly shown or not. Necessary noting and full address of

the situation of the premises are incorporated in the drawing. Drawing is preferably

be signed by the applicant or authorized employee (in case of company). Any other

additional instruction of CCE/Licensing authority and various guidelines are complied

with.

• After necessary scrutiny of documents as referred above if, the documents are

found in order and conforming to the Explosives Rules-1983, then necessary

approval is accorded with intimation to the party to submit the required documents

for grant of license after completion of the construction as per the approved

drawing. The licensing authority executive orders are issued. These entail

complicated situation both for the party and the licensing authority. To overcome

these difficulties, approval may be considered valid for 6 month and may be

renewable for another 6 months on request. After receipt of the approval, the party

may start construction of the facilities in the proposed premises as per the approved

drawing and after completion of the construction the documents are submitted by

the party for grant of license may impose conditions as deemed proper.

• Approval is generally given for a certain period. In many cases it is seen that after

taking approval and lapse of considerable time and party even does not apply for

grant of license for one reason or the other. In the mean time Rules are amended or

revised.

3. Departmental Action : Verification of drawing

The following check are carried out:-

In the site plan of the drawing whether proper road direction with approach has been

shown for exact identification of location. Khasra no., distances from other existing

structures etc. has to be shown in the plan. If

Note:- The magazine shall be made of brick, stone or concrete building which is closed

and secured so as to prevent unauthorized person from having access thereto

i. Noting to be depicted in the drawing and in no way adversely affect the public

interest.

ii. The proposed site should have preferably open land surrounding it and should

not be vulnerable to natural calamities.

Note:

The purpose of the site plan is to identify and demarcate the location of the premises. In

many cases the area up to 100 metres is open land and hence such cases does not fulfill

the main purpose. Sometimes reference structures lie or located much beyond 100

metres. Therefore all such reference structures (even not coming within the scale of the

drawing) for example the nearest km stone, road crossing with road directions, temple,

village, schools, hospitals, canals, rivers, railway line or other such immovable reference

structures along with.

Note:

1. In this connection it is stated that one of the important documents is NOC from

District Authority. In some cases it is seen that the NOC is considerably delayed

and as a consequence, grant of license is delayed and finally the party will have to

suffer irreparable loss.

2. The party should ensure that construction of facilities and the premises are

confined within the NOC land.

3. It is reasonable to prehensile that the purpose of NOC is to ensure the lawful

possession of the site and verification of antecedent of the applicant.

4. Applicants Action : Submission of documents by the applicants for grant of license

• After completion of the facilities the applicant must submit the following documents:-

Appropriate Bank Draft as license fee payable in same manner as mentioned during

approval

• Application Form-4 duly filled and signed.

• Specimen signature of the applicant/authorized person to verify the reference to initial

application filled by the applicant or authorized person of the company.

• Completion report that of the construction of the facilities of premises have been

completed as per the approved plan.

• Three copies of the drawing which are faithful reproduction of the original approved

drawing. In case of conditional approval all such conditions are to be complied with.

• Forwarding letter mentioning details of enclosures, Bank Draft No & date etc.

5. Grant of license (Departmental Action)

The documents submitted by the applicant are verified and proper scrutiny is exercised as

follows:-

• Bank Draft to be checked and verified that it is drawn in favour of appropriate head

and at appropriate place drawn on any nationalized bank valid for at least 2 months.

• If NOC is conditional, the licensing authority has to be reasonably satisfied that the

condition stipulated in NOC will be applicable or not. If applicable an undertaking to

that effect or compliance to that effect to be ensured before grant of license.

• The drawing is replica of approved drawing or not. If not, matter is reconciled for

necessary action.

If the documents are found in order and the licensing authority is satisfied that there is no

legal constraint in grant of license then the license can be granted. However, the licensing

authority is to inspect the premises prior to grant of license. The variation or discrepancy

noticed during the inspection must be complied with and the compliance report should be

submitted for verification and there after the license will be endorsed and issued to the

party.

16. PERMISSION FOR USE OF EXPLOSIVE VAN:

Purpose of license form 25: The license in Form 25 under the Explosives Rules, 1983 is granted

to transport Explosives on land by Explosives Van . Such Van for transportation of Explosives

is called Explosives Van.

Licensing Authority (i.e. the authority empowered to grant license):

The Explosives license in Form 25 under Explosive Rules, 1983 granted by respective circle

office of the Department of Explosives.

Procedure of Grant of License

Various on-line steps adopted for grant of license in form-25 are as under:

1. Submission of drawings and the other required documents by the applicant to the

licensing authority for fabrication approval of the proposed van.

2. Approval of the drawing by the licensing authority for fabrication of the facilities in the

proposed van.

3. After completion of fabrication of the facilities, submission of drawings and the other

required documents by the party.

4. Grant of license by the licensing authority.

1. Applicants Action:- Submission of documents by applicant for construction approval:

Applicant must submit the following documents to the licensing authority for grant of license:

• Bank draft of Rs. 600 as scrutiny fee and license fee for two years. The B/D should be

drawn on any nationalized bank, in favour of Jt. CCE/appropriate authority and should

be payable at appropriate place as applicable for the concerned licensing authority. The

Bank Draft should have at least 2 months validity from the date of submission of

application for grant of license. Note: Explosive Van license renewal for 2 years at a

time.

• Application Form 7 duly filled in and signed by the applicant/ authorized employee.

Typed copy of form 7 (given in the Explosive Rules, 1983) is acceptable. Please note that

no column of the form should be left blank. Inapplicable columns should be filled as NA

i.e., not applicable. Full postal address with pin code should be written. No overwriting

or major corrections will be accepted. Minor correction should be initialed.

• Application Form 7 duly filled in and signed by the applicant/ authorized employee.

Typed copy of form 7 (given in the Explosive Rules, 1983) is acceptable. Please note that

no column of the form should be left blank. Inapplicable columns should be filled as NA

i.e., not applicable. Full postal address with pin code should be written. No overwriting

or major corrections will be accepted. Minor correction should be initialed.

• Attested copy of the RC book showing name, address, laden, unlade weight.

• Specimen signature of the applicant.

• Three copies of drawings (blue print or computerized one without hand correction).

Each copy of drawing must show the details of construction, dimensions ( i.e. the length,

width/dia, height, plate thickness, distance between tyres, type of tyres total length, gap

between the cab and the body, the rear gap, position and the nos. of the fire

extinguishers, location and guarding of the fuel tank, the location of the various safety

fittings, fire screen, the gap between fire screen and ground, double leaf door at the

back of the Van opening outside, brass plate with usual fall at the door sil level, position

of spare wheel etc. The drawing must also show necessary noting like registration no.,

engine no., chassis no., fabricator’s name, applicant’s full postal address with pin code

etc.

• Forwarding letter mentioning details of enclosures, Bank Draft No & date etc.

Note:

1. For detailed construction, please see Specifications 1 of Schedule VII to the

Explosive Rules, 1983.

2. The license for Explosive Van only granted to person/company who already

possesses valid magazine license.

2. Departmental Action : Approval of Drawing

The documents submitted by the applicant are verified and proper scrutiny is exercised as

follows:

• If bank draft is found defective or validity expiring shortly, the draft is returned to the

party. On receipt of proper bank draft, scrutiny and other checks are carried out.

• The application Form 7 submitted by the party is checked to confirm that the proper

mailing address, signature of the party and all other relevant columns have been duly

filled in by the applicant. No overwriting or major corrections are entertained. Minor

correction if any, is attested by the applicant.

3. Departmental Action : Verification of Drawing

The following check is carried out:

If the documents are found in order and the licensing authority is satisfied that there is

no legal constraint in grant of license then the license is granted. However, the licensing

authority has liberty to get the premises inspected prior to grant of license. In the event

of inspection is carried out then variation or discrepancy noticed during the inspection

are complied with and the compliance report should be submitted for verification and

there after the license is granted.

17. IMPORT AND STORAGE OF PETROLEUM:

Purpose: The license in form XIV under the Petroleum Rules, 1976 is granted to import and

store, otherwise than in bulk, petroleum class A in quantities exceeding 300 liters or petroleum

class B in quantities exceeding 25000 liters or petroleum class C in quantities exceeding 45000

liters or petroleum class A together with any other class of petroleum in quantities exceeding

300 liters in all in a petroleum godown.

Licensing Authority (i.e., the authority empowered to grant the above said license) Respective

circle office of the Department of Explosives.

Procedure- Grant of license:-

Various on-line steps adopted for grant of license in form XIV are as under:

• Submission of drawings and the other required documents by the applicant to the

licensing authority for construction approval of the proposed premises.

• Approval of the drawing by the licensing authority for construction of the facilities in the

proposed premises.

• After completion of construction of the facilities, submission of drawings and the other

required documents by the party to the licensing authority for grant of license of the

premises.

• Grant of license by the licensing authority.

18. PROCEDURES FOR REGISTRATIONS OF BOILERS.

a. Package Boiler

Submit following Original documents pertaining to the Boiler intended for registration to the

concerned Divisional Inspector.

• Form-II, Form-III and Form-IVA

• Form-IIIC of all mountings and fittings

• Boiler drawings in original

• Form-IIIA of feed pipe

• Registration fee paid in challan

The registration of the Boiler will be done within 30 days or shorter period as may be prescribed

from the date of the receipt for examination of the boiler giving not less than 10 days notice of

the date fixed.

After satisfactory completion of open inspection and hydraulic test provisional order will be

issued pending steam test.

b. Water tube Boiler

• Obtain permission to erect the Boiler through an authorized Boiler repairer from the Chief

Inspector of Boilers.

• Submit following Original documents pertaining to the Boiler intended for

• Registration to the concerned divisional Inspector.

o Form-II, Form-III, and Form-IVA

o Form-IIIC of all mounting s and fittings

o Form-IIIC of all mountings and fittings

o Boiler Drawings in original

o Form-IIIA of feed pipe

o Registration fee paid in challan

• Offer the Boiler for carrying out stage inspection to the concerned divisional inspector and

obtain his clearance at every stage

19. PROCEDURES FOR REGISTRATIONS OF STEAM LINE

• Obtain approval of the proposed steam line drawing from the Chief Inspector of Boilers by

submitting following documents.

o Steam line drawing in triplicate showing clearly welding details, materials

specifications, working pressure of boilers and feed pipeline and registration

Number of Boilers

o Steam line drawing scrutiny fee paid in challan ( Fee is Rupees 30/- for every 30

meters or part thereof)

o Mention the authorized boiler repairer through whom you are getting the same

erected

• After obtaining approval of proposed steam line drawing from the Chief Inspector of Boilers

make application for registration of proposed steam line with the divisional inspector by

submitting the following original documents

o steam line certificates in Form-IIIA

o Mounting And fittings certificates in Form-IIIC

o Welders certificate

o Registration fee paid in challan.

• Offer steam pipe and fittings for material inspection and obtain clearance for erection from

the inspector of boilers.

• Offer the weld set up and weld edge preparation for inspection and obtain clearance for

erection from the inspector of boilers.

• Subject the weld joint joints for radiographic examination if needed

• Subject the erected steam line for hydraulic test to the inspector of boiler

• Submit revised steam line drawing incorporating any deviations caused during the erection

due site condition for approval to the Chief Inspector of boiler through inspector of Boiler

drawing scrutiny fee.

20. PERMISSION TO USE PREMISES AS FACTORY:

Check list

• A previous permission in writing from the Chief Inspector of Factories is to be obtained

before any factory building or premises is so constructed, Extended or taken into use as a

Factory or part of Factory..

• License only be issued after the plans of factory are approved by Chief Inspectors of

Factories/by. Chief Inspector of factories and a Certificate of stability by the competent

person in respect of engineering construction in Form No. I-A has been submitted.

• License will be issued only after receiving the application for the same and verifying it if

necessary by visiting the premises of the factory.

• Application for the license shall be submitted to the Chief Inspector of Factories/Factory

Inspector's Office before commencing the operation in For m No. 2 (Triplicate) for the

registration & Form No. 3(Duplicate) for the grant of license accompanied by a treasury

challan for payment of fees.

• A copy of the letter showing number and date of the plan approved by the Chief Inspector

of Factories/Dy. Chief Inspector of Factories.

• An Evidence for power i.e. copy of light Bill or order of releasing the connection by G.E.B. or

A.E.C., as the case may be.

• Detail of the Constitution of firm i.e. partnership deed in case of partnership, memorandum

& Article of Associations in case of limited or Pvt. Ltd. Firm and copy of office bearers and

constitution in case of co-operative sector

21. LAND Acquisition:

• Documents needed at the time of 4(1) notification:

o Administrative Approval. o Alienment of the project.

o Land Schedule

o Village map

o Copy of R.O.R. along with certified copy.

o Certificate of emergency.

o No possession of certificate.

o Trace map

o Cloth map

o Blue print map

o Soft copy of the land schedule & Draft Notification in Form No- 2 A.

o Treasury challan showing deposit of establishment cost of 15%

o Proof for deposit of balance 5% estt. cost (4.5% + 0.5 % ) in the savings bank account.

• Documents needed at the time of 6(1):

o Draft declaration in form No.7

o Estimate

o Assessment report on rate.

o Fund certificate

o Certificate stating no change of land schedule

o Map

o Xerox copy of sale statistics

o Xerox copy of annual yield

o Xerox copy of bench mark valuation

o Xerox copy of rent chart

o Xerox copy of valuation of trees

o Xerox copy of valuation of structure

o Xerox copy of the valuation of the fruit bearing trees.

22. Notice of Opening in Form-I of CMR, 1957