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Core Purpose

Draft notification under sub-section (1) of Section 18 of the Explosives Act, 1884 proposing the Ammonium Nitrate (Amendment) Rules, 2024, to introduce fee concessions for Micro and Small Enterprises, Micro & Small Startups, and Women Entrepreneurs under the Ammonium Nitrate Rules, 2012.

Detailed Summary

The Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade, by draft notification G.S.R. 770(E) dated 11th December 2024, publishes for public comment under sub-section (1) of Section 18 of the Explosives Act, 1884 (4 of 1884) the proposed Ammonium Nitrate (Amendment) Rules, 2024, made under Sections 5 and 7 read with Section 14 of the Act, amending the Ammonium Nitrate Rules, 2012. Objections or suggestions may be sent to the Director (Explosives), Department for Promotion of Industry and Internal Trade, within thirty days. The draft rules 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 a minimum 26% capital interest held by a woman), and substitute the fee schedule under sub-rule (1) of Rule 29 to provide reduced fees for Micro and Small Enterprises/Startups and Women Entrepreneurs across categories including scrutiny fee for prior approval, manufacture and possession licences, storage, import, export, bagging and storage, and transport of Ammonium Nitrate, with false or misleading claims for fee relaxation liable to result in cancellation of approval or licence. The principal rules were published vide G.S.R. 553(E) dated 11th July 2012 and previously 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, and the notification is signed by Dr. Sandhya Bhullar, Joint Secretary.

Full Text

8114 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 708] NEW DEL HI, MON DAY , DECEMBER 16, 2024 / AGRAHAYANA 25, 1946 CG-DL-E-19122024-259530 MINISTRY OF COMMERCE AND INDUSTRY (Department for Promotion of Industry and Internal Trade) NOTIFICATION New Delhi, the 11th December , 2024 G.S.R. 7 70(E).— The draft of the following rules to amend the Ammonium Ni trate 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”. [F. 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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