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Core Purpose

Draft notification of the Gas Cylinders (Amendment) Rules, 2024 under the Explosives Act, 1884, introducing definitions and concessional licence and other fees for Micro and Small Enterprises, Micro & Small Startups, and Women Entrepreneurs, published for public objections and suggestions.

Detailed Summary

By Notification G.S.R. 771(E) dated 11th December 2024, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) publishes, under sub-section (1) of section 18 of the Explosives Act, 1884 (4 of 1884) read with sections 5, 7 and 14, the draft Gas Cylinders (Amendment) Rules, 2024, to amend the Gas Cylinder Rules, 2016, inviting objections or suggestions within thirty days to the Director (Explosives), DPIIT, Udyog Bhavan, New Delhi, or by email. The draft rules insert definitions of 'Micro and Small Enterprises' (per clauses (h) and (m) of section 2 of the Micro, Small and Medium Enterprises Development Act, 2006), 'Micro & Small Startup' (per Gazette Notification G.S.R. 127(E) dated 19th February 2019) and 'Women Entrepreneur' (an enterprise owned and controlled by a woman holding at least 26% of capital) into rule 2. They also substitute Schedule V, prescribing license fees (Forms D, E, F, G) and other fees (filling permission, design approval, cylinder conversion, testing station approval, licence amendment/duplicate/authenticated copy, and appeals), each with reduced rates for Micro & Small Enterprises/Startups and further-reduced rates for Women Entrepreneurs, subject to documentary proof of eligibility, with the lower rate applying where both categories overlap and cancellation of approval for false or misleading information. The principal Gas Cylinder Rules, 2016 were published vide notification 1081(E) dated 22nd November 2016 and subsequently amended vide G.S.R. 189(E) dated 27th February 2018, G.S.R. 231(E) dated 15th March 2018, G.S.R. 44(E) dated 23rd January 2019 and G.S.R. 44(E) dated 20th January 2022. Signed by Dr. Sandhya Bhullar, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-16122024-259446 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 709] | NEW DELHI, MONDAY, DECEMBER 16, 2024/AGRAHAYANA 25, 1946 MINISTRY OF COMMERCE AND INDUSTRY (Department for Promotion of Industry and Internal Trade) NOTIFICAION New Delhi, the 11th December, 2024 G.S.R. 771(E).—The draft of the following rules to amend the Gas Cylinder Rules, 2016, which Central Government proposes to make in exercise of the powers conferred by sections 5 and 7 of the Explosives Act, 1884 read with section 14 of the Explosives Act, 1884 (4 of 1884) is hereby published as required by sub-section (1) of section 18 of the said Act for information of all persons likely to be affected thereby, and notice is hereby given that the said draft shall be taken into consideration after the expiry of a period of thirty (30) days from the date on which the copies of the Gazette of India containing this notification are made available to the public. Objections or suggestions if any, to these draft rules may be sent to the Director (Explosives), Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Room No. 252-A, Udyog Bhavan, New Delhi – 110011 or Email: [email protected]; within the period specified above. The objections or suggestions which may be received from any person with respect to the said draft rules within the period above so specified will be taken into consideration by the Central Government. DRAFT RULE 1. Short titled and commencement:- (1) These rules may be called the Gas Cylinders (Amendment) Rules, 2024. (2) They shall come into force on the date of their final publication in the Official Gazette. (3) In rule 2 of the Gas Cylinders Rules, 2016 (herein after referred to as said rules), a. after clause (xli), the following clauses shall be inserted namely:- "(xlia) "Micro and Small Enterprises" means an enterprise defined in clause (h) and clause (m) of section 2 of the Micro, Small and Medium Enterprises Development Act, 2006. (xlib) "Micro & Small Startup” means an entity registered with Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry and as defined in clause (a) of paragraph 1 of the Gazette Notification having G.S.R. 127(E) dated 19th February, 2019”. b. after clause (liii), the following clause shall be inserted namely:- "(liiia) "Women Entrepreneur" means an enterprise owned and controlled by a woman having a minimum financial interest of 26% of the capital”. 3. For clause (A) and clause (B) of the Schedule V of the said rules, the following shall be substituted, namely:- SCHEDULE- V ALL THE FEES SHALL BE PAID IN THE MANNER PRESCRIBED IN SUB-RULE (2) OF RULE 65 (See rules 3, 12, 28, 35, 47, 49, 50, 53, 54, 55, 59, 61, 62 and 65) A. LICENCE FEES Sl. No. | Form of License | Purpose for which granted | Authority empowered to grant license | Fees | Fee (in Rs.) | Fees for Micro & Small Enterprises including Startup (in Rs) | Fees for Women (in Rs) 1. | D | To import cylinder filled or intended to be filled with compressed gas to import valves and regulators for LPG | Chief Controller | For the first 100 nos. cylinders or part thereof. | 2000 | 1000 | 400 | | | | Exceeding 100 nos. but not exceeding 500 nos. cylinders. | 4000 | 2000 | 800 | | | | Exceeding 500 nos. of cylinders | Rs. 4000/- for every additional 500 nos. of cylinders or part thereof. | Rs. 2000/- for every additional 500 nos. of cylinders or part thereof. | Rs. 800/- for every additional 500 nos. of cylinders or part thereof. | | | | Scrutiny fees for Import of Valves and LPG Regulators each application. | 1000 | 500 | 200 2. | E | To fill compressed gas in cylinders | Chief Controller or Controller | For each type of gas filled in the plant, namely (a) toxic, (b) non-toxic and non flammable, (c) non-toxic and flammable, (d) dissolved acetylene gas, (e) non-toxic and flammable liquefiable gas other than LPG or (f) liquefied petroleum gas, as the case may be. | 5000 | 2500 | 1000 3. | F | a. To store compressed gas in cylinders in storage shed attached to the filling premises. | Chief Controller or Controller | i. For toxic and flammable gases (permanent as well as liquefied). Not exceeding 100 nos. cylinders. | 2000 | 1000 | 400 | | b. To store compressed gas in cylinders in storage shed other than attached to the filling premises | Controller | Exceeding 100 nos. but not exceeding 500 nos. cylinders | 4000 | 2000 | 800 | | | | Exceeding 500 nos. of cylinders, | Rs. 4000/- for every additional 500 nos. of cylinders or part thereof. | Rs. 2000/- for every additional 500 nos. of cylinders or part thereof. | Rs. 800/- for every additional 500 nos. of cylinders or part thereof. | | | | ii. For non-toxic and non-flammable gases (permanent as well as liquefied): Not exceeding 500 nos. of cylinders | 2000 | 1000 | 400 | | | | Exceeding 500 nos. of cylinders, | Rs. 4000/- for every additional 500 nos. of cylinders or part thereof | Rs. 2000/- for every additional 500 nos. of cylinders or part thereof | Rs. 800/- for every additional 500 nos. of cylinders or part thereof | | | | iii. For liquefied petroleum gases: | 1000 | 500 | 200 | | | | Exceeding 100 Kg. But not exceeding 500 kgs | 2000 | 1000 | 400 | | | | Exceeding 500 Kg. But not exceeding 2000 kgs | 4000 | 2000 | 800 | | | | Exceeding 2000 Kg. But not exceeding 5000 kgs | 6000 | 3000 | 1200 | | | | Exceeding 5000 Kg. But not exceeding 10,000 Kgs | Rs. 2000/- every additional 5000 Kg. or part thereof. | Rs. 1000/- every additional 5000 Kg. or part thereof. | Rs. 400/- every additional 5000 Kg. or part thereof. | | | | Exceeding 10,000 Kg. | Rs. 2000/- every additional 5000 Kg. or part thereof. | Rs. 1000/- every additional 5000 Kg. or part thereof. | Rs. 400/- every additional 5000 Kg. or part thereof. | | | | iv. For acetylene gas contained in cylinders in dissolved state | 2000 | 1000 | 400 | | | | Not exceeding 200 cylinders | Rs. 2000/- for every additional 200 nos. of cylinders or part thereof. | Rs. 1000/-for every additional 200 nos. of cylinders or part thereof. | Rs. 400/- for every additional 200 nos. of cylinders or part thereof. | | | | Exceeding 200 nos. of cylinders | Rs. 2000/- for every additional 200 nos. of cylinders or part thereof. | Rs. 1000/-for every additional 200 nos. of cylinders or part thereof. | Rs. 400/- for every additional 200 nos. of cylinders or part thereof. 4. | G | To dispense CNG as | Chief Controller | To dispense CNG as automotive fuel from | 10,000 | 5000 | 2000 automotive fuel from a mother station, daughter station or a CNG online station | | a mother station, daughter station or a CNG online station | | | | B. Fees other than License Fees Sl. No. | Purpose | Fees (proposed) | Rupees (proposed) | Fees for Micro & Small Enterprises including Startup (in Rs) | Fees for Women (in Rs) 1. | Issue of filling permission under clause B of sub-rule (1) of rule 3 | Scrutiny fee for the first 100 nos. of cylinders or part thereof. | 1000 | 500 | 200 | | Exceeding 100 nos. of cylinders | Rs. 2000/- for every additional 500 cylinders or part thereof | Rs. 1000/- for every additional 500 cylinders or part thereof | Rs. 400/- for every additional 500 cylinders or part thereof | | Note : Fee applicable for the cylinders filled and meant for export purpose irrespective of the nos of cylinder, scrutiny fee Only | 1000 | 500 | 200 2. | Approval of design for manufacture of cylinder or valve or LPG regulators under sub-rule (3) of rule 3 | a. Scrutiny fee for grant of manufacturing unit approval, with one year validity fee for the first time | 10,000 | 5,000 | 2000 | | b. For subsequent approval of new design | 2000 | 1000 | 400 | | c. For subsequent approval of any change in design | 1000 | 500 | 200 | | d. Annual fee for renewal of cylinder, valve and LPG, regulator manufacturing units. | 2000 | 1000 | 400 | Approval of design for manufacture of cylinder, valve, LPG regulator under sub rule 3(4) by foreign manufacturer | a. Scrutiny fee for grant of approval for manufacturing unit with one year validity fee for the first time. | 6,50,000 | 3,25,000 | 1,30,000 | | b. For subsequent approval of new design | 65,000 | 32,500 | 13,000 | | c. For subsequent approval of any change in design | 13,000 | 6,500 | 2,600 | | d. Annual fees for renewal of cylinders, valves and, regulators manufacturing units. | 32,500 | 16,250 | 6,500 3. | Conversion of cylinder under sub-rule (2) of rule 28 | Scrutiny fee for the first 10 nos. of cylinders or part thereof. | 400 | 200 | 80 | | Exceeding 10 nos. of cylinders | Rs. 1000/- for every 100 numbers of Cylinders | Rs. 500/- for every 100 numbers of Cylinders | Rs. 200/- for every 100 numbers of Cylinders 4. | Approval of cylinder testing station under rule 35 and hot repair of welded or brazed cylinder under rule 12 | Scrutiny fee with one year validity fee for the first time. | 10,000 | 5,000 | 2000 | | Annual renewal fee for cylinder testing or hot repair approval. | 2000 | 1000 | 400 5. | Prior approval of specifications and plans under rule 47 or 53 | Scrutiny fee | 1000 | 500 | 200 6. | Amendment of licence under rule 54 | Scrutiny fee | 1000 | 500 | 200 7. | Issue of duplicate copy of licence under rule 61 | Scrutiny fee | 1000 | 500 | 200 8. | Issue of authenticated copy of licence under rule 62 | Scrutiny fee | 1000 | 500 | 200 9. | For appeal against order of a licensing authority if such appeal is preferred to central Govt. or Chief Controller | Scrutiny fee | 1000 | 500 | 200 1. For the purpose of claiming relaxation in fees as mentioned in sub-rule (1) above, the applicant shall submit the following documents, namely:- (a) Micro and Small Enterprises - Certificate issued by Ministry of Micro, Small and Medium Enterprises. Provided that, above said relaxation shall only be applicable to Micro and Small Enterprises and not for Medium Enterprises. (b) Micro and Small Startup - Documentary evidence towards registration with Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry Provided that, above said relaxation shall only be applicable to Micro and Small Startup and not for Medium Startup. (c) Women Entrepreneur - Documentary evidence towards Proprietor or Director of the firm or company 2. In case where Micro and Small Enterprises or Micro and Small Startup owned and controlled by a woman, the fees whichever is lower shall be applicable. Provided that if information submitted by the applicant, is found to be false or misleading at any stage, the approval or license shall be liable to be cancelled”. [F. No. P-13033/92/2023-EXPLOSIVE] Dr. SANDHYA BHULLAR, Jt. Secy. Note: The principal rules were published in the official Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide notification number 1081(E) dated 22nd November, 2016 and subsequently amended vide notification number G.S.R. 189(E) dated 27th February, 2018, G.S.R. 231(E) dated 15th March 2018, G.S.R. 44(E) dated 23rd January, 2019 and G.S.R. 44(E) dated 20th January 2022 Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR SRIVASTAVA

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