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Core Purpose

Publication of the draft Ammonium Nitrate (Amendment) Rules, 2024 under sections 5 and 7 read with section 14 and section 18(1) of the Explosives Act, 1884, inviting public objections and suggestions within thirty days.

Detailed Summary

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, issued G.S.R. 768(E) dated 11th December 2024, publishing draft rules to amend the Ammonium Nitrate Rules, 2012, in exercise of powers under sections 5 and 7 of the Explosives Act, 1884 read with section 14 of the Act, as required under sub-section (1) of section 18 of the Act, inviting objections or suggestions within thirty days addressed to the Director (Explosives), DPIIT. The draft Ammonium Nitrate (Amendment) Rules, 2024 would, in rule 2 of the Ammonium Nitrate Rules, 2012, insert definitions of 'Micro and Small Enterprises' (per 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 with minimum 26% capital held by a woman); and substitute sub-rule (1) of rule 29 to prescribe differentiated fee schedules for scrutiny, manufacturing/possession/conversion, storage, use, import, export, bagging and transport licences and licence amendments, with reduced fees (roughly 50% and 20%) for Micro and Small Enterprises/Startups and Women Entrepreneurs respectively, subject to submission of supporting documentary evidence, with the lower fee applying where categories overlap, and provision for cancellation if information is found false or misleading. The principal rules were published vide G.S.R. 553(E) dated 11th July 2012 and amended vide G.S.R. 469(E) dated 9th July 2013, G.S.R. 938(E) dated 27th September 2018, and G.S.R. 608(E) dated 31st August 2021. Signed by Dr. Sandhya Bhullar, Joint Secretary (File No. P-13033/92/2023-EXPLOSIVE).

Full Text

8111 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 706] NEW DEL HI, MON DAY , DECEMBER 1 6, 2024 /AGRAHAYANA 2 5, 194 6 CG-DL-E-17122024-259443 MINISTRY OF COMMERCE AND INDUSTRY (Department for Promotion of Industry and Internal Trade) NOTIFICAION New Delhi, the 11 December, 2024 G.S.R. 7 68(E).— The draft of the following rules to amend the Ammonium Nitr ate Rules, 2012, 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: expl [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 Ammonium Nitrate (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 Ammonium Nitrate Rules, 2012 (herein after referred to as said rules), a. after clause (n), the following clauses shall be inserted namely: - “(na) “ 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. (nb) “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 (s), the following clause shall be inserted namely: - “(t) “Women Entrepreneur” means an enterprise owned and controlled by a woman having a minimum financial interest of 26% of the capital”. 3. For sub -rule (1) of the rule 29 of the said rules, the following shall be substituted, namely: - “(1) The following fee shall be payable for prior approval, issuance of licences and amendment, namely: - Sl. No. Type of Fee Fees (in Rs.) Fees for Micro & Small Enterprises including Startup (in Rs) Fees for Women (in Rs) a. Scrutiny fee for prior approval 1000 500 200 b. Licence to manufacture and possess for sale Ammonium Nitrate or convert melt to solid and vice versa and possess for sale [of Ammonium Nitrate] 20000/ Year 10000 / Year 4000 /Year c. Licence to Possess for sale of Ammonium Nitrate from a store house [or Ammonium Nitrate melt in tank] 2000/ Year 1000 / Year 400 / Year d. Licence to Possess for use of Ammonium Nitrate from a store house [or Ammonium Nitrate melt in tank] 1000 / Year 500 / Year 200 / Year e. Licence to Import Ammonium Nitrate 5000 2500 1000 f. Licence to Export Ammonium Nitrate 5000 2500 1000 g. Licence to bag and store Ammonium Nitrate 20,000 / Year 10,000 / Year 4000 / Year h. Licence to Transport Ammonium Nitrate 2000 / Year 1000 / Year 400 / Year i. Amendment of licence 1000 500 200 (1A) 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 (1B) 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”. [File No: P -13033/92/2023 -EXPLOSIVE] DR. SANDHYA BHULLAR , Jt. Secy . Note : The principal rules were published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (i) vide notification G.S.R. 553(E), dated the 11th July, 2012 and subsequently amended vide G.S.R 469(E), dated the 9th July, 2013, G.S.R. 938(E) dated the 27th September, 2018 and G.S.R. 608(E) dated the 31st August, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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