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GAS CYLINDERS RULES, 2004
CHAPTER-I
PRELIMINARY
1.
Short title and commencement. -(1) These rules may be
called the Gas Cylinders Rules, 2004.
(2) They shall come into force on the date of their publication
in the Official Gazette.
2.
Definitions- In these rules unless the context otherwise requires, -
(i) “Act” means the
Explosives Act, 1884 (4 of 1884);
(ii) “Auto LPG” means
liquefied petroleum gas meant for automotive fuel conforming to specification
IS:14861;
(iii) “Chief
Controller” means the Chief Controller of Explosives, Government of India;
(iv) “composite
cylinder” means a cylinder made of resin impregnated continuous filament
wound over a metallic or a non-metallic liner. Composite cylinders using non-metallic
liners are referred to as all-composite cylinders;
v) “compressed gas” means any permanent gas, liquefiable gas or gas
dissolved in liquid under pressure or gas mixture which in a closed gas
cylinder exercises a pressure either exceeding 2.5 kgf/cm2 abs
(1.5 kgf/ cm2 gauge) at +150 C or a pressure exceeding
3kgf/ cm2
abs (2 kgf/ cm2 gauge) at + 500 C or
both;
Explanation
–
Hydrogen Fluoride falls within the scope of compressed gas although its
vapour pressure at 500 C is 1.7 to 1.8 atmospheric gauge;
(vi) “Conservator” in relation to
a port includes any person acting under the authority of the officer or body
of person appointed to be Conservator of that port under Section 7 of the
Indian Ports Act, 1908 (15 of 1908);
(vii) “Controller” includes the
Joint Chief Controller of Explosives, the Deputy Chief Controller of
Explosives, the Controller of Explosives and the Deputy Controller of
Explosives;
(viii) “Compressed Natural
Gas (CNG)” means mixtures of hydrocarbon gases and vapours, consisting mainly
of Methane in gaseous form, which has been compressed for use as automotive
fuel;
(ix) “CNG mother station” means
CNG facilities connected with natural gas pipeline and having a compressor
meant primarily to fill mobile cascades of daughter station. Such stations
may also have stationery cascade for CNG dispensing to vehicles;
(x) “CNG online station” means CNG
facilities connected with natural gas pipeline and having a compressor
primarily to fill stationary cascades for dispensing CNG to vehicles;
(xi) “CNG daughter station” means
CNG facilities not connected to natural gas pipeline. Such CNG dispensing
station receives CNG through mobile cascade;
(xii) “critical temperature” means
the temperature above which gas cannot be liquefied by the application of
pressure alone;
(xiii) “dissolved acetylene
cylinder” means a cylinder having a valve and with or without safety devices,
containing a porous mass, a solvent for the storage of dissolved acetylene
and at least sufficient acetylene to saturate the solvent at atmospheric
pressure and at a temperature of +150 C;
Explanation.-Acetone
or any other solvent used shall not be capable of chemical reaction with the
acetylene gas or with the porous mass or with the metal of the cylinder or
valve;
(xiv) “dissolved gas” means a gas
which under pressure is dissolved in a fluid solvent appropriate to the
particular gas as for example, acetylene in acetone or ammonia in water;
(xv) “district authority” means-
(a) a
Commissioner of Police or Deputy Commissioner of Police in any town having a
Commissioner of Police; and
(b) in any other
place, the District Magistrate;
(xvi) “District Magistrate”
includes an Additional District Magistrate, and in the States of Punjab and
Haryana and in the Karaikal, Mahe and Yanam areas of the Union Territory of
Pondicherry, also includes a Sub-Divisional Magistrate;
(xvii) “filling pressure” means
the maximum permissible gauge pressure, converted to + 150 C,
at which a gas cylinder for permanent gas or gas dissolved under pressure can
be filled;
(xviii) “filling ratio” means the
ratio of the weight of a liquefiable gas introduced in the cylinder to the
weight of the water the cylinders will hold at 150C;
(xix) “flammable gas” means any
gas which, if either a mixture of 13 per cent or less (by volume) with air
forms a flammable mixture or the flammability range with air is greater than
12 per cent regardless of the lower limit and these limits shall be
determined at atmospheric temperature and pressure;
Explanation.-“flammability
range” means the difference between the minimum and maximum percentages by
volume of the gas in mixture with air that forms a flammable mixture;
(xx) “Form” means a Form set forth
in Schedule V;
(xxi) “Gas Cylinder” or
“Cylinder” means any closed metal container having a volume exceeding 500 ml
but not exceeding 1000 litres intended for the storage and transport of
compressed gas, including any liquefied petroleum gas (LPG)
container/compressed natural gas (CNG) cylinder fitted to a motor vehicle as
its fuel tank but not including any other such container fitted to a special
transport or under-carriage and includes a composite cylinder, however, the
water capacity of cylinders used for storage of CNG, nitrogen, compressed
air, etc. may exceed 1000 litres up to 2500 litres provided the dia meter of
such cylinder does not exceed 60 cm;
(xxii) “high pressure liquefiable
gas” means a liquefiable gas having a critical temperature between - 100 C
and + 700
C;
(xxiii) “hydrostatic stretch test”
means subjecting the cylinder to a hydrostatic pressure equal to the test
pressure of the cylinder and recording the permanent stretch undergone by the
cylinder;
(xxiv) “hydrostatic test” means
the test to which a cylinder is subjected to a hydrostatic pressure equal to
the test pressure of the cylinder;
(xxv) “import “ means bringing
into
(xxvi) “inert gas” means a gas
which is resistant to chemical action under normally encountered conditions;
(xxvii) “inspecting authority”
means a person having qualifications and wide experience in the filed of
design, manufacture and testing of gas cylinders and recognised by the Chief
Controller as authority for inspection and certification of gas cylinder;
(xxviii) “installation” means any
premises wherein any place has been specially prepared for the manufacture
(filling) or storage of compressed gas cylinders;
(xxix) “liquefiable gas” means a
gas that may be liquefied by pressure at -100 C but will be completely
vaporised when in equilibrium with normal atmospheric pressure (760 mm. Hg)
at 17.5°C which value shall be increased to 30°C for toxic gases;
(xxx) “liquified petroleum gas”
means any material, which comprises predominantly of any of the following
hydrocarbons or mixture of them with vapour pressure not exceeding 16.87
kg/cm2 (gauge) at 65º C:-
Propane
(C3H8),
propylene (C3H6), butane ((C4H10),
(n-butane and iso-butane) and butylene (C4H8);
(xxxi) “low
pressure liquefiable gas” means a liquefiable gas having critical temperature
higher than +70ºC;
(xxxii) “manufacture of gas” means
filling of a cylinder with any compressed gas and also includes transfer of
compressed gas from one cylinder to any other cylinder;
(xxxiii) “oxidizing gas” means a
gas which gives up Oxygen readily or removes hydrogen from a compound or
attracts negative electrons;
(xxxiv) “permanent gas” means a
gas whose critical temperature is below _100C that is to say a
gas which cannot be liquefied under any pressure at a temperature above _100C;
(xxxv) “poisonous (toxic) gas” a
gas which has a maximum allowable concentration in air for human respiration
not exceeding 100 mg/m3 at 15°C and 1 kgf/cm2 absolute
pressure;
(xxxvi) “Schedule” means the
Schedule annexed to these rules;
(xxxvii) “tare weight” in relation
to -
(1) acetylene
cylinder means the weight of the cylinder together with any fittings,
permanently attached and includes the weight of valve any safety device,
porous mass, requisite quantity of solvent for dissolving acetylene, and the
weight of acetylene gas saturating the solvent at atmospheric pressure and
temperature of 150 C;
(2) liquefiable
gas cylinder means the weight of the cylinder together with any fittings
permanently attached thereto and includes the weight of valve;
(3) permanent gas
cylinder means the weight of the cylinder together with any fittings
permanently attached thereto and excludes the weight of valve;
(xxxviii)“test pressure” means the
internal pressure required for the hydrostatic test or hydrostatic stretch
test of the cylinder, as follows:-
(1) For permanent
and high pressure liquefiable gases, it should be calculated from the
following:
200.
t. Re
Ph =
-----------------
1.25 (Do-t)
where
Ph
= Test pressure in kgf/cm2
Do=
Outside diameter of the cylinder in mm.
t
= Minimum calculated wall thickness of the cylinder shell in mm.
Re=
Minimum specified yield strength of the material of cylinder in kgf/mm2, it
is limited to 75 per cent of the minimum value of the tensile strength in the
case of normalised cylinder and 85 per cent of the minimum value of the
tensile strength for quenched and tempered cylinder, provided that the value
of test pressure shall not exceed 80 per cent of the yield strength.
(2) For low
pressure liquefiable gas - One and a half times the saturated vapour pressure
of the gas at 650C or as specified in IS:8867, whichever is higher;
(xxxix) “transport” means the
moving of a cylinder filled with any compressed gas from one place to
another;
(xxxx) “water capacity” means the
volume of water in litres, a cylinder will hold at 150C.;
(xxxxi)“working pressure for low
pressure liquefiable gas” means the saturated vapour pressure at 650C;
Explanation.-
The values of saturated vapour pressure of different gases are specified in
IS:3710;
(xxxxii) “working pressure for
permanent gas” means the internal pressure of the gas in the cylinder at a
temperature of 150C;
(xxxxiii)“yield strength” means
the stress corresponding to a permanent strain of 0.2 per cent of the
original gauge length in a tensile test. For practical purpose it may be
taken as a stress at which elongation first occurs in the test piece without
the increase of load in a tensile test.
CHAPTER II
GENERAL
PROVISIONS
3. Filling,
possession, import and transport of cylinders: - (1) No person
shall fill any cylinder with any compressed gas or import, possess or
transport any cylinder so filled or intended to be filled with such gas
unless:-
(a) such cylinder
and its valve have been constructed to a type and standard specified in
Schedule I as amended from time to time by an order issued by the Chief
Controller;
(b) the test and
inspection certificates issued by the inspecting authority in respect of
cylinder and its valve are made available to the Chief Controller and prior
approval of the said authority is obtained.
(2) For obtaining
approval under Clause (b) of sub rule (1), the following particulars shall be
submitted to the Chief Controller: -
(i)
total number and serial numbers of the cylinders;
(ii) name and address of the
manufacturers of the cylinders;
(iii) specification of the
cylinders and the valves;
(iv) previous approval, if any;
(v) the test and inspection
certificates in respect of the cylinders
(vi) the test and
inspection certificates pertaining to the valves fitted/to be fitted to the
cylinders;
(vii) scrutiny
fee as specified in Schedule V.
(3) The test and
inspection certificates required to be obtained from the inspecting authority
in respect of cylinders and valves inspected and certified by it in
accordance with the approved design and specification or code shall give the
information included in Schedule II.
(4) (a) Any
person desiring to manufacture cylinders, valves, LPG regulators
attached to self-closing valves, multi-function valves and other fittings
shall obtain approval from the Chief Controller and in order to seek such
approval, submit the particulars set forth in Schedule III and scrutiny fee
as specified in Schedule V together with design drawings and calculations
duly endorsed by Inspecting Authority.
(b)
For any subsequent changes in the design drawing, a fresh approval shall be
obtained.
(5) Notwithstanding anything
contained in sub rule (1) cylinders of specifications not conforming to the
specifications specified in Schedule I and imported into India for filling
and shipment to the country of origin or supply to a foreign going vessel
touching Indian port, could be filled with such gas, provided:
(a) the cylinder
has passed the hydrostatic test or hydrostatic stretch test, as the case may
be, within the period specified in these rules and the pressure applied
during the test shall be the test pressure marked on the cylinder;
(b) the cylinder
is not filled with-
(i) any
liquefiable gas in excess of the filling ratio specified in IS:3710 for low
pressure liquefiable gases and IS:8866 for high pressure liquefiable gases;
(ii) any
permanent gas at a pressure in excess of the pressure for which the cylinder
is designed;
(c) a separate
record of the cylinder tested and filled is maintained at the filling
station;
(d) the filled
cylinders are removed from the filling station and shipped off as
expeditiously as possible.
4. Valves.- (1) Valves
fitted to gas cylinders shall comply in all respects with the following
specifications namely:-
(a)
in respect of industrial gas cylinders, IS:3224;
(b) in respect of
medical gas cylinders, IS:3745;
(c) in respect of
cylinders used with breathing apparatus, IS:7302 as amended from time to
time;
(d) in respect of
cylinders used for filling liquefied petroleum gas, IS:8776 for cylinders of
water capacity not exceeding 5 litres and, IS: 8737 for cylinders of water
capacity exceeding 5 litres;
(e) in respect of auto LPG
containers IS:15100;
(f) in respect of small
Refrigerant cylinders IS:12300
Provided
that the Chief Controller may, if he is of opinion that it is necessary so to
do in the public interest, permit the use of valves not conforming to any of
the above specifications.
(2) Valves fitted
to Carbon Dioxide cylinders shall be provided in the body with a safety
release consisting of softened copper disc so arranged as to burst at a
pressure between 200 kg/cm2 and 220 kg/cm2
(3) Valves for
cylinders containing flammable gases not listed in IS:3224 shall have outlets
provided with left handed screw threads for the pipes or other connections.
(4)
All other valves shall have outlets with right-handed screw threads.
(5) The valves
shall be attached to the cylinder neck by screwing and not by making any permanent
attachment or inserting adapter in between.
(6) The design of
spindle-operated valves shall be such that when fitted to the cylinders it
shall not be possible to withdraw the spindle under normal operating
conditions.
5. Safety relief
devices -
(1) Cylinders manufactured in
(2) Cylinders
containing obnoxious or poisonous gases shall not be provided with any safety
device.
Explanation.-For
the purpose of this sub-rule, “obnoxious or poisonous gases” include Carbon
monoxide, Hydro-cynic acid, Hydrogen chloride, Hydrogen bromide, Hydrogen
fluride, Sulphur dioxide, Chlorine, Methyl bromide, Nitrogen tetroxide,
Nitrosyl chloride, Town gas, Hydrogen sulphide, Carbonyl chloride (Phosgene),
Cyanogen, Cyanogen chloride, Fluorine and Carbon oxychloride.
(3) Cylinders
manufactured in foreign countries, approved for use in this country, if
fitted with safety relief devices shall have these devices fully maintained
in accordance with the requirements of the specification to which they were
originally made.
6.
Marking on cylinders - (1) Marking generally:
(a) Every gas
cylinder shall be clearly and permanently marked in accordance with following
conditions by stamping, engraving or similar processes:
(i) on the shoulder of the
cylinder which shall be reinforced by forging or other means, or
(ii) on such a part which is
inseparably bound with the cylinder and which is not or only negligibly
affected by the stresses due to the gas pressure within it.
(b) The name
plate shall not be affixed to the cylinder by soldering if there is a risk of
corrosion or embrittlement.
(c) In
conjunction with the original marking, space shall be provided for stamping
the test date obtained at the periodic inspection.
(d) Markings
shall be so carried out and the letters and numerals used shall be of such
shape and size that the marking is clear and easily readable and does not
give place for misreading.
(2)
Marking on permanent and liquefiable gas cylinders:
(a) Every
cylinder shall be marked with the following markings, namely:--
(i)
Manufacturer’s, owner’s and inspector’s marking and rotation number (these
markings shall be registered with the Chief Controller);
(ii) specification to which the
cylinder has been made:
(iii) a symbol to indicate the
nature of heat treatment given to the cylinder during manufacture or after
repairs;
(iv) the date of the last
hydrostatic test or hydrostatic stretch test, as the case may be, with the
code mark of recognised testing station where the test was carried out and
the code mark shall be registered with the Chief Controller. In the case of
liquefied petroleum gas cylinders, the quarter and the year of test shall be
given as an additional marking in a neck or on a shoulder plate;
(v) working pressure and test
pressure;
(vi) tare weight-
Explanation
- In the case of liquefiable gas cylinders, tare weight shall include the
weight of valve fitted to the cylinder.
(vii) water capacity.
(b) All the
markings, except the manufacture’s markings, which may be on the base, shall
be stamped on the neck end of the cylinder. However, seamless cylinders
having no foot ring or skirt shall be stamped with the manufacturer’s marking
on the neck end of the cylinder.
7. Markings on
valve -
Valves fitted to the cylinder shall be clearly and durably marked in
accordance with the following provisions by stamping, engraving or similar
processes:
(i) the specification of the
valves;
(ii) year and month or quarter of
manufacture
(iii) manufacturer’s symbol;
(iv) working pressure
(v) the name or chemical symbol of
the gas for which the valve is to be used;
(vi) the type of screw threads on
the outlet, in case of left handed as (L.H.);
(vii) Inspector’s stamp;
(viii) where dip tubes are
provided, special indications shall be given by a clear and durable marking
on the valve or on a badge fixed between the valve and the cylinder and the
total length in millimeter of the tube shall also be indicated.
8. Identification
colours: -
(1) Every person filling any cylinder with any compressed gas shall, before
it is stored or despatched, see that the cylinder is painted with appropriate
identification colours specified in IS:4379 for industrial cylinders and
IS:3933 for medical cylinders.
(2)
Cylinders used for new gases and gas mixtures for which identification
colours are not provided in sub-rule (1) shall be painted with the colours
indicated in the following table, namely: -
Explanation.
- Cylinders intended for gas mixtures shall be marked with the words “Gas
Mixture” or “Mixed Gas” and in addition, the cylinders shall be marked with
the names (symbols, if necessary) of the components of the mixture by
stamping, if the cylinders are intended for the permanent use of the
particular gas mixture, or by painting, if the cylinders are intended for the
casual use of the particular gas mixture.
(3)
No person shall in any way interfere with or change the colour painted on a
gas cylinder:
Provided
that nothing in this sub-rule shall be deemed to prohibit the re-painting of
a cylinder with the identification colour painted on it when it is required for
the maintenance of the cylinder or when a cylinder is converted from one gas
service to another gas service in accordance with these rules.
9. Labelling
of cylinders: – (1) Every cylinder shall be labeled with the name of the
gas and the name and address of the person by whom the cylinder was filled
with gas.
(2) A warning in
the following terms shall be attached to every cylinder containing permanent
or liquefiable gas, namely: -
“WARNING”
Gas
Cylinders, Rules, 2004
(i) Do not change
the colour of this cylinder.
(ii)This cylinder
should not be filled with any gas other than the one it now contains.
(iii)No flammable
material should be stored in the close vicinity of this cylinder or in the
same room in which it is kept.
(iv) No oil or
similar lubricant should be used on the valves or other fittings of this
cylinder.
(v) Please look
for the next date of test, which is marked on a metal ring inserted between
the valve and the neck of the cylinder, and if this date is over, do not
accept the cylinder for filling.
10. Restriction
on delivery or despatch of cylinders:- (1) No person shall deliver or despatch
any cylinder filled with any compressed gas to any other person in India who
is not the holder of a licence to possess such compressed gas cylinders or
his authorised agent unless he is exempted under these rules to possess such
compressed gas cylinders without a licence.
(2) The gas
cylinders delivered or despatched by a person under sub-rule (1) shall be of
the type for which he is licensed and shall not exceed the quantity which the
person to whom it is delivered or despatched is authorised to possess under
these rules.
(3) Nothing in
sub-rule (1) and (2) shall apply to the delivery or despatch of gas cylinders
to the defence forces of the
11. Repairing of
seamless gas cylinders during use - No person shall repair or cause to
repair any leakage in the body of a seamless gas cylinder.
12. Repairing of
welded or brazed cylinders: — (1) Welded or brazed cylinder showing
leaks at any place other than the welded or brazed seams shall not be
repaired and shall be rendered unserviceable.
(2)
In the case of cylinders having welded or brazed seam, repairing of minor
defects, such as small weld cracks, pin holes, blow holes, undercuts in
welding, leaks at the weld (shown in periodical hydrostatic test) may be
allowed provided-
a) the defects have been removed
by grinding, chipping, gouging or other approved methods;
b) the repairing is carried out by
a certified welder at the premises of a manufacturer of cylinders recognised
by the Chief Controller under the supervision of a competent person by-
(i) welding if
the original seams were welded;
(ii) brazing, if
the original seams were brazed;
c)
the cylinder is properly heat-treated after the repairs;
d) the welded or
brazed seams of the cylinder are radiographed if the cylinder was originally
required to be radiographed after its manufacture;
e) after repairs
and heat-treatment, the cylinder is subjected to the same pneumatic and
hydrostatic test or hydrostatic stretch test as was done at the time of
manufacture.
(3) Welded or
brazed cylinder, before repairing, shall be throughly cleaned and gas-freed
or otherwise prepared for safely carrying out hot work and certified in
writing, by a competent perosn, to have been so prepared. The certificate
shall be preserved for a period of three months and produced to the Chief
Controller on demand.
(4)
No person shall refill any cylinder which has been repaired under sub-rule
(2) with any gas unless a full report on the repairs and test carried out on
the cylinder, accompanied by the repairer’s certificate of testing are
furnished to the Chief Controller and his permission is obtained for its
refilling.
(5)
Notwithstanding anything contained in sub-rule (2), no repairs shall be
carried out to any dissolved acetylene gas cylinder showing leaks in its weld
seam.
13. Prohibition
of employment of children and intoxicated persons.- No child under
the age of eighteen years and no person who is in a state of intoxication
shall be employed in-charge of loading or unloading or transport of any
compressed gas cylinder or in any premises licensed under these rules.
14. Prohibition
of smoking, fires, lights and dangerous substances: - (1) No person
shall smoke and no fires, other than blow pipe flames for repairs, or no
articles or such other substances of flammable nature or liable to
spontaneous ignition or to cause or communicate fire or explosion shall be
allowed at any time in proximity to a place where any cylinder for flammable
gases is being filled, stored or handled.
(2)
No person in or near any place where cylinders containing flammable gases are
filled, stored or handled shall have in his possession any matches, fuses,
mobile phones or any other appliances for producing ignition or explosion.
15. General
precautions.
- (1) Cylinders together with their valves and other fittings and the
identification colours under these rules shall always be maintained in good
condition.
(2) No oil or
similar lubricant shall be used on any valves or other fittings of any
cylinder.
(3) Save as
provided in Rules 12 and Clause B 2(1)(b) of Schedule IV, no cylinder shall
be subjected to any heat treatment or exposed to a high temperature or to the
Sun or stored with any other flammable or explosive material.
(4) Every
cylinder containing compressed gas shall have its valve securely closed so as
to prevent leakage. Valves fitted to the cylinders containing Liquefied
Petroleum Gas and highly toxic gases like Boron trifluoride, Carbon monoxide,
Fluorine, Hydrogen chloride, Cyanogen chloride, Chlorine trifluoride,
Hydrogen cynide, Hydrogen fluoride, Hydrogen sulphide, Methyl bromide,
Nitrogen tetroxide, Chlorine, Ammonia or Sulphur dioxide shall be provided
with security nut on the outlet to act as a secondary means of safeguard
against leakage of gas.
(5) If a leak in
the valve cannot be rectified by tightening the gland nut or the spindle, the
cylinder shall be removed to an open space where it is least dangerous to
life and property and the filler shall be informed. In the case of LPG
cylinder, the safety cap shall be fixed to arrest the leak and the cylinder
shall be moved to an open space.
16. Special
precautions against accidents: - (1) No person shall commit or attempt
to commit any act, which may tend to cause a fire or explosion in or about
any place where gas under pressure in a cylinder is stored, handled or
transported.
(2) Every person
storing compressed gas cylinders and every person in charge of or engaged in
the storage, handling and transport of such gas cylinders, shall at all
times-
(a) comply with
the provisions of these rules and the conditions of any licence relating
thereto;
(b)
observe all precautions for the prevention of accident by fire or explosion;
(c) prevent any
person from committing any act referred to in sub-rule (1).
17. Competent
person to be incharge of operations - Every person holding or acting under a
licence granted under these rules, shall, whenever cylinders are filled,
loaded, unloaded, examined or tested, depute a competent and experienced
person to be present and to conduct any of the said operations in accordance
with provisions of these rules and the name, qualification and experience of
such personnel deputed in each shift shall be furnished to the Chief
Controller or Controller for considering filling permission round the clock.
18. Handling and
use: -
(1) Cylinders shall be adequately supported during handling.
(2) Conveyors,
trolleys and cradles of adequate strength shall, as far as possible, be used
when moving the cylinders.
(3) The cylinders
shall be handled carefully and not be allowed to fall upon one another or
otherwise subjected to any undue shock.
(4) Sliding, dropping
or playing with cylinders is prohibited.
(5) Liquefied
petroleum gas cylinders and cylinders containing liquefiable gases shall
always be kept in an upright position and shall be so placed that they cannot
be knocked over.
(6)
Cylinders used in horizontal position shall be so secured that they cannot
roll.
(7) Open flames,
lights, mobile phones, lighting of fires, welding and smoking shall be
prohibited in close proximity to any cylinder containing flammable gases
except those while in use for welding, cutting or heating.
(8)
Working places shall not be classified as storage places for the purpose of
licensing.
19. Restrictions
on filling:
- (1) Welded cylinders shall not be used for filling any permanent or high
pressure liquefiable gas or highly toxic gases like Boron trifluoride,
Carbonyl chloride (Phosgene), Chlorine trifluoride, Cyanogen, Cyanogen
chloride, Hydrogen cyanide, Hydrogen sulphide.
(2) No cylinder,
which has once been used for storage and transportation of coal gas, carbon
monoxide or methane shall be used for filling with any other gas except
mixture of these gases with inert gases.
(3) No cylinder
shall be filled with any gas that is capable of combining chemically so as to
endanger its serviceability.
20. Loading,
unloading and transport of cylinders: - Cylinders filled with any
compressed gas shall be transported duly complying with the provisions laid
down in Schedule VI and also observing the relevant provisions of other
statutes as applicable.
21. Storage of
cylinders:
- (1) Cylinders shall be stored in a cool, dry, well ventilated place under
cover, away from boilers, open flames, steam pipes or any potential sources
of heat and such place of storage shall be easily accessible.
(2) The storage
room or shed shall be of fire resistant construction.
(3) Thin wall
cylinders such as liquefied petroleum gas cylinders and dissolved gas
cylinders shall not be stacked in a horizontal position.
(4) Cylinders
containing flammable gases and toxic gases shall be kept separated from each
other and from cylinders containing other types of gases by an adequate
distance or by a suitable partition wall.
(5) Cylinders
shall not be stored under conditions, which will cause them to corrode.
(6) Cylinders
shall not be stored along with any combustible material.
(7) Empty
cylinders shall be segregated from the filled ones and care shall be taken
that all the valves are tightly shut.
22. Electrical
installations -In
premises for filling and storing flammable gases in cylinders all electric
meters, distribution boards, switches, fuses, plugs and sockets, all electric
fittings, fixed lamps, portable hand lamps and motors, shall be of flame
proof construction conforming to IS:2148 or such other specification as
approved by the Chief Controller and shall be effectively earthed.
23. Purity of
gas: - (1)
Compressed gases shall be free from impurities, which are likely to corrode
the metal of the cylinder or form an explosive substance with it or cause the
gases to decompose or explode.
(2) The gases
shall be as dry as possible and in no instance shall the aqueous phase
separate when a liquefied gas is cooled to 00C.
(3) Before
filling any cylinder with gases like carbon monoxide, coal gas, hydrogen or
methane, the gas shall be free from hydrogen sulphide and other sulphurous
impurities as far as practicable. The moisture shall be less than 0.02 g/m3 of
gas at normal temperature and pressure.
24. Cylinder
subjected to the action of fire: - (1) (a) A cylinder exposed to fire
shall not be used unless it has undergone proper examination and hydrostatic
test or hydrostatic stretch test.
(b) If
deleterious structural changes in the material due to the action of heat of
the fire is apprehended to have taken place, the cylinder shall have to be
subjected to proper heat treatment, followed by hydrostatic test or
hydrostatic stretch test, as the case may be, before the cylinder is taken
into use.
(2) Dissolved
acetylene cylinders, which have been damaged by fire shall be condemned and
destroyed by an experienced and competent person.
25. Ownership of
cylinder: -
A cylinder shall not be filled with a compressed gas and transported unless
it was charged by or with the written consent of the owner of the cylinder.
26. Re-testing of
cylinder: -
A cylinder for which prescribed periodical re-test has become due shall not
be charged and transported until such re-rest has been properly made.
27. Owner’s
record:-The
owner of a cylinder shall keep for the life of each cylinder, a record
containing the following information regarding each cylinder, namely:-
(i) Cylinder manufacturer’s name
and the rotation number;
(ii) The specification number to
which the cylinder is manufactured;
(iii) Date of original hydrostatic
test or hydrostatic stretch test;
(iv) Cylinder manufacturer’s test
and inspection certificates;
(v) Number and date of letter of
approval granted by the Chief Controller.
28. Conversion of
cylinders.-
(1) Gas cylinders designed and approved for filling with a particular gas
shall not be used for filling with any other gas unless specific approval is
obtained from the Chief Controller except that :-
(a) inert gases,
oxygen and compressed air cylinders made to the same specification and design
may be converted from one gas to another after fitting with appropriate valve
and painting with appropriate identification colour without prior permission
from Chief Controller, with approval of the cylinder owner.
(b) proper
records of such conversions shall be maintained by the gas filler for examination
of Chief Controller or Controller as and when needed.
(2) Any person
desiring for conversion approval shall submit to Chief Controller the
following: -
(i) documentary
evidence indicating that the cylinders have been purchased by him;
(ii) an authenticated
copy of letter permitting filling of the cylinders in the past;
(iii) a statement
in duplicate, showing manufacturer’s serial numbers of the cylinders in
ascending order;
(iv) a
certificate to the effect that the cylinder(s) had not been converted to any
other gas service in the past;
(v) scrutiny fee
as specified in Schedule V.
CHAPTER III
IMPORTATION
OF CYLINDERS
Part
I
GENERAL
29. Licence for
import of gas cylinders: — No person shall import any cylinder filled or
intended to be filled with any compressed gas except under and in accordance
with the conditions of a licence granted under these rules and the relevant
provisions of Foreign Trade (Development and Regulation) Act, 1992.
Part
II
IMPORTATION
BY SEA
30. Declaration
by the master of ship or ship’s agent: — (1) The master of every ship
carrying cylinders filled with compressed gas for importation into
(2) The master of
evey ship carrying such cylinders shall deliver to the pilot, before entering
any port, a written declaration under his signature in Form A:
Provided
that if the agent for such ship delivers to the Conservator of the port a
written declaration referred to in sub-rule (1) under his signature, no such
declaration shall be made by the master of the ship.
(3) Every
declaration delivered to a pilot under sub-rule (2) shall be made over by him
without delay to the Conservator of the Port and all declarations received by
the Conservator of the Port shall be forwarded by him, with all convenient
despatch, to the Commissioner of Customs of the Port.
31. Production of
licence for import:
— Every person desiring to import cylinders filled with any compressed gas or
intended to be so filled shall produce personally or through his agent,
before the Commissioner of Customs his licence for the import of such gas
cylinders.
32. Permission of
the Commissioner
of Customs: — (1) No imported cylinder shall be landed except with the
permission of the Commissioner of Customs.
(2) If the
Commissioner of Customs is satisfied that the gas cylinders can lawfully be
imported, he shall permit it to be landed.
(3) Nothing in
this rule shall affect the power of the Commissioner of Customs to detain the
gas cylinders under any other law for the time being in force.
Part
III
IMPORTATION
BY LAND
33. Importation
by land.- No
gas cylinder filled with any compressed gas, shall be imported by land save with
the previous sanction in each case, of the Central Government and under such
conditions and restrictions as it may impose.
Part
IV
IMPORTATION
BY AIR
34. Importation
by air.—No
cylinder filled with any compressed gas shall be imported by air save with
the previous sanction in each case of the Director General of Civil Aviation.
CHAPTER IV
EXAMINATION
AND TESTING OF CYLINDERS
35. Periodicity
of examination and testing of cylinders: — (1) No person shall fill any
cylinder with any compressed gas unless the cylinder has been examined and
subjected to hydrostatic test or hydrostatic stretch test, as the case may
be, and other tests set forth in Schedule IV within such period as is
specified in IS:8868 issued by Bureau of Indian Standards or as approved in
writing by the Chief Controller.
(2) Any testing
station desiring to obtain recognition for periodical testing and examination
of cylinders shall provide the facilities set forth in Schedule IV and shall
submit to Chief Controller the particulars of the facilities provided and
scrutiny fee specified in Schedule ‘V’
36. Condemning of
cylinders: — (1)
Any cylinder which fails to pass periodic examination or test or which loses
in its tare weight by over 5 per cent or which for any other defect is found
to be unsafe for use or after expiry of the service life of the cylinder,
shall not be filled with any compressed gas and shall be destroyed by
flattening it as a whole or after being cut into pieces in such a manner that
the pieces cannot again be joined together by welding or otherwise to form a
cylinder, under intimation to the owner of the cylinder, as specified in
IS:8198.
Explanation:
Service life of On-board CNG cylinders to be twenty years and Auto LPG
containers made of low carbon steel to be fifteen years unless otherwise
specified in the respective codes.
(2) All markings
on the cylinder shall be defaced before it is destroyed.
(3) History
sheets or records of such cylinders shall be closed and kept on record for a
period of one year. Reports of the details of such closed history cards or
records shall be sent to the Chief Controller, in writing, on the 1st of
January, April, July and October every year.
(4) A cylinder,
which has been used for the generation of any gas or for any purpose other
than storage, transportation and use of compressed gas shall be deemed to
have been condemned and unsuitable for such use as a cylinder within the
meaning of these rules.
CHAPTER
V
DISSOLVED
ACETYLENE GAS CYLINDERS
37. Additional
requirements for dissolved acetylene gas cylinders— Dissolved
acetylene gas cylinder shall comply with following additional provisions,
namely:-
(i) The porous substance shall
fill as completely as possible the cylinder into which the acetylene is
compressed.
(ii) The porosity of the substance
shall not exceed 92 per cent and in no case shall be less than 75 per cent.
(iii) Any solvent used shall not
be capable of chemical reaction with the acetylene gas or with the porous
substance or with the metal of the cylinder.
(iv) If acetone is used as a
solvent it shall comply with the requirements of IS:170, the quantity of
acetone including the gas in solution shall be such that the cylinder meets
the requirements of additional tests specified in IS:7312.
(v) The valves of the cylinders
shall not contain more than 70 per cent copper in their composition.
(vi) The pressure in the cylinder
shall not exceed 16 kgf/cm2 at a temperature of 150C.
(vii) Every cylinder shall before
being filled with porous mass be tested by hydrostatic pressure to a pressure
of not less than 60 kgf/cm2. This pressure may be reduced to 53
kgf/cm2 if
the cylinder is fitted with fusible plug. No cylinder which shows a permanent
stretch in excess of 7½ per cent of the total stretch suffered during hydrostatic
stretch test shall be allowed.
(viii) The safety relief devices
if fitted, shall operate at a pressure of 53 kgf/cm2 or
at a temperature of 1000C + 40C/–20C.
(ix) Every cylinder shall have
permanently and conspicuously marked upon it or upon a brass plate soldered
to it the name of the manufacturer and the words “Acetylene properly
compressed into porous substance” and shall bear the following markings,
namely:-
(a) Serial number
and identification of manufacturer;
(b) Number of the
standard;
(c) Test
pressure;
(d) The date of
hydrostatic stretch test with code mark of the place where the test was
carried out;
(e) Date of
filling of porous mass;
(f) Water
capacity’;
(g) A symbol to
indicate the nature of heat treatment;
(h)
Identification of porous mass and porosity percentage;
(i) Tare weight
(inclusive of valve);
(j) Inspector’s
official mark;
(k) Maximum gas
capacity.
38. Restriction
on filling of disssolved acetylene in cylinders: —No person shall
charge with acetylene any cylinder unless he is in possession of full
particulars and the previous history of such cylinder and has otherwise
assured himself that the cylinder complies with the requirements of these
rules.
39. Examination
of dissolved acetylene cylinders before filling: —Whenever a
cylinder is charged with acetylene, it shall be subjected to a thorough
visual examination in accordance with IS:8433, if the history of the cylinder
shows that it has not been subjected to such an examination within the
previous two years and at the same time the valves shall be removed and the
conditions of the porous substance at the neck of the cylinder ascertained:
Provided
that this period of periodical examination shall be one year in case the
cylinders are filled with loose porous mass.
40. Licence for
compression of acetylene: —The compression of the acetylene gas into
a cylinder shall be carried out only in such premises as are licensed by the
Chief Controller or Controller.
41. Record of
dissolved acetylene cylinders: — (1) Each firm charging acetylene in
cylinders shall keep a record of every cylinder charged by it and this record
shall give the following information, namely: -
a)
for each charge,
(i) the date of charging of the
cylinder,
(ii) the empty cylinder weight
without gas,
(iii) the weight of solvent
charged before gas charging,
(iv) full weight of the cylinder;
b)
the dates upon which solvent has been added;
c) the dates upon
which the cylinder has been thoroughly examined as provided in Rule 39, the
results of each such examination and the name of the person carrying out such
examination, and in the case of cylinders first issued by the firm, the tare
weight of the cylinder including porous substance and acetone or other
solvent, the nature of the solvent and the maximum pressure allowed in the
cylinder.
(2) The record
shall be open for inspection of the Chief Controller or the Controller of
Explosives.
42.
Labelling of dissolved acetylene cylinders. — A warning label attached to
every dissolved acetylene cylinder shall, in addition to the particulars
given in sub-rule (2) of Rule 9 bear the following additional particulars,
namely: -
(a) date of last
filling of gas in the cylinder;
(b) weight of gas
filled;
(c) full cylinder
weight;
(d) the name of
the company filling the gas on the last date of the filling.
CHAPTER
VI
FILLING
AND POSSESSION
43. Licence for
filling and possession: — (1) No person shall fill any cylinder
with compressed gas and no cylinder filled with compressed gas shall be
possessed by anyone except under and in accordance with the conditions of a
licence granted under these rules.
(2) The licensee
shall be responsible, for all operations connected with the filling and
possession of cylinders in the licensed premises.
44. No licence
needed for filling and possession in certain cases: — Notwithstanding
anything contained in Rule 43, no licence shall be necessary for -
(a) possession of
any cylinder filled with a compressed gas by a carrier or other person for
the purpose of transport in accordance with the provisions of these rules;
(b) possession of
cylinders filled with -
(i) liquified
petroleum gas when the total quantity of gas does not exceed 100 kg at a
time;
(ii) any other
flammable but non-toxic gas when the total number of cylinders containing
such gas does not exceed 25 or the total weight of gas does not exceed 200
kg., whichever is less, at a time;
(iii) any
non-flammable non-toxic gas when the total number of such cylinders does not
exceed 200 at a time;
(iv) any toxic
gas when the total quantity of such cylinders does not exceed 5 at a time;
(v) acetylene gas
contained in cylinders in dissolved state when the total quantity of such
cylinder does not exceed 50 at a time.
45. Restriction
on filling : — No
person shall fill any cylinder with any compressed gas unless such a cylinder
and its valve or other fittings -
(a) are of
approved type and standard as per rule 3 and has been specifically approved
for filling by the Chief Controller,
(b) have passed
the examination and test specified in rule 35,
(c) conform to
the provisions of rules 4,5,6,7 and 8.
46. Working
pressure and filling ratios:— (1) The working or internal pressure in
any cylinder charged with a permanent gas shall not exceed two-third of the
test pressure.
(2) Cylinders
charged with liquefiable gases shall not be filled in excess of the filling
ratios specified in IS:3710 for low pressure liquefiable gases and IS:8866
for high pressure liquefiable gases.
47. Prior
approval of specifications and plans of premises proposed to be licensed: — (1) Every
person desiring to obtain a licence to fill and store any compressed gas in
any cylinder shall submit to the Chief Controller or Controller authorised by
Chief Controller-
(a)
specifications and plans drawn to scale in triplicate clearly indicating —
(i) the manner in
which the provisions prescribed in these rules will be complied with,
(ii) the premises
proposed to be licensed, the area of which shall be distinctly coloured or
otherwise marked,
(iii)
the surrounding area lying within 100 metres of the edge of all facilities
which are proposed to be licensed,
(b)
scrutiny fee as specified in Schedule V.
(2) If the Chief
Controller or Controller after scrutiny of the specifications and plans and
after making such inquiries as considered necessary, satisfied that
compressed gas will be filled and stored in the premises proposed to be
licensed, according to the provisions of these rules, he shall return to the
applicant one copy of each of the specifications and plans signed by him
conveying his sanction subject to such conditions as may be specified.
(3) Prior
approval specified in sub-rules (1) and (2) is not mandatory for installation
of non-toxic non-flammable gases and an applicant for such installation is at
liberty to install the facilities in accordance with provisions of these
rules without obtaining prior approval from Chief Controller or Controller.
48. No Objection
Certificate:
– (1) An applicant for a new licence in Form ‘G’, for a CNG dispensing
station shall apply to the District Magistrate with two copies of site plan
showing the location of the premises proposed to be licensed under these
rules for a certificate to the effect that there is no objection to the
applicant’s receiving a licence for a CNG dispensing station at the site
proposed, and the District Magistrate, if satisfied, shall grant no objection
certificate to the applicant who shall forward it to the Chief Controller or
Controller with his application.
(2) Every
certificate issued by the District Magistrate under sub-rule (1) above shall
be accompanied by a copy of the plan of the proposed site duly endorsed by
him under official seal.
(3) The Chief
Controller or Controller may refer an application not accompanied by a
certificate granted under sub-rule (1) to the District Magistrate for his
observation.
(4) If the
District Magistrate, either on a reference being made to him or otherwise,
intimates to the Chief Controller or Controller that any licence which has
been applied for should not, in his opinion, granted, such licence shall not
be issued without the sanction of the Central Government.
49. Application
for licence:—
A person wishing to obtain or renew a licence under these rules shall submit
an application, in writing, to the Chief Controller or Controller
(a) in Form ‘B’
for a licence prescribed in sub-rule (1) of rule 51 and
(b) in Form ‘C’,
for a licence prescribed in sub-rule (2) of rule 51.
50. Grant of
licence: — (1) A
licence under these rules may be granted by the Chief Controller or
Controller on payment of the fees specified in Schedule V.
(2) A licence
under sub-rule (1) shall be granted if the provisions of these rules are
complied with by the applicant.
(3) Every licence
granted under these rules shall be subject to the conditions specified
therein.
51. Period for
which licences may be granted or renewed: — (1) A licence in
Form ‘D’ for the import of cylinders filled or intended to be filled with
compressed gas may be granted for such period as the Chief Controller may
deem necessary subject to a maximum of one year.
(2) A licence in
Form ‘E’, ‘F’ or ‘G’ for filling or storage of compressed gases granted or
renewed under rules shall remain in force till the 30th day of September of
the year up to which the licence is granted or renewed subject to a maximum
of ten years.
(3)
Notwithstanding anything contained in sub-rule (2), the Chief Controller or
Controller authorised by Chief Controller, where he is satisfied that a
licence is required for a specific work which is not likely to last up to the
30th day
of September of the year up to which the licence is granted or renewed may
grant or renew a licence for such a period as is necessary.
52.
Particulars of licence: — (1) Every licence granted under these rules shall
be subject to the conditions specified therein and shall contain all the
particulars, which are contained in the form specified under these rules.
(2) One copy of
the plan or plans for the licensed premises signed in token of approval by the
Chief Controller or Controller shall be attached to the licence, which shall
form part of such a licence, and an identical copy shall be filed for record
in the office of the Chief Controller or Controller.
53. Prior
approval necessary for alteration in the licensed premises: — (1) No
alteration shall be carried out in the licensed premises until the plan
showing such alteration has been approved in writing by the Chief Controller
or Controller authorised by Chief Controller.
(2) A person
wishing to carry out any alteration in the licensed premises shall submit to
the Chief Controller or Controller —
(a) three copies of a properly
drawn plan to scale, of the licensed premises showing in distinct colours the
proposed alterations and the reason therefor;
(b)
scrutiny fee as specified in Schedule V.
(3) If the Chief
Controller or Controller, after scrutiny of the plan showing the proposed
alteration and after making such enquiries as he deems fit, is satisfied that
the proposed alteration may be carried out, he shall return to the licensee
one copy of the plan signed by him and conveying his sanction subject to such
condition or conditions as may be specified.
(4) The holder of
the licence shall apply to the Chief Controller or Controller for the amendment
of the licence as soon as the sanctioned alteration has been carried out.
(5) No additions
or alterations carried out in the licensed premises sanctioned by the Chief
Controller or Controller shall be brought into use unless the licence is
received by the licensee duly amended.
54. Amendment of
licence: - (1)
Any licence granted under these rules may be amended by the Chief Controller
or Controller authorised by the Chief Controller.
(2)
The fee for amendment of a licence shall be amendment fee plus the amount, if
any, by which the fee that would have been payable if the licence had
originally been issued in the amended form exceeds the fee originally paid
for the licence.
(3) A licensee
who desires to have his licence amended shall submit to the Chief Controller
or Controller —
(i) an
application duly filled in and signed in Form ‘B’ if the licence has been
granted in Form ‘D’ and in Form ‘C’ if the licence has been granted in Form
‘E’, ‘F’ or ‘G’;
(ii) the licence
sought to be amended together with the approved plans attached to it;
(iii) where any
alterations in the licensed premises have been carried out, three copies of
the properly drawn plans showing the alterations sanctioned under rule 53 by
the Chief Controller or Controller.
(iv) fees for the
amendment of the licence as specified in sub-rule(2).
(4) The holder of
a licence in form ‘E’, ‘F’ or ‘G’ may, at any time before the expiry of the
licence, apply to the licensing authority to transfer the licence to another
person and every application for such transfer of a licence shall be
accompanied with -
(i) a letter
signed by the holder of the licence indicating the full name and postal
address of the person to whom he wishes to transfer the licence and give
complete possession of the licensed premises;
(ii) the licence
sought to be transferred together with the approved plan or plans attached to
it;
(iii) an application in Form ‘C’
duly filled and signed by the person to whom the licence is sought to be
transferred;
(iv) amendment
fee as specified in Schedule V.
55.
Renewal of licence:—
(1) A licence may be renewed by the Chief Controller or Controller.
(2) Every licence
granted in Form ‘E’ ’F’ and ‘G’ under these rules, may be renewed for a
maximum period of ten years at a time where there has been no contravention
of the provisions of the Act or any rules framed thereunder or of any
condition of the licence so renewed.
(3) Where a
licence, which has been renewed for more than one year, is surrendered before
its expiry, the renewal fee paid for the un-expired portion of the licence
shall be refunded to the licensee provided that no refund of renewal fee
shall be made for the year during which the Chief Controller or Controller
receives the renewed licence for surrender.
(4) Every application
for the renewal of a licence shall be accompanied by the licence, which is to
be renewed together with or without approved plans attached to the licence,
and the renewal fee.
(5) Every
application for the renewal of a licence shall be made so as to reach the
licensing authority on or before the date on which it expires and if the
application is so made, the licence shall be deemed to be in force until such
date as the Chief Controller or Controller renews the licence or until an
intimation that the renewal of the licence is refused, has been communicated
to the applicant.
(6) Where the
renewal of a licence is refused, the fee paid shall be refunded to the
licensee after deducting therefrom the proportionate fee for the period
beginning from the date from which the licence was to be renewed up to the
date on which renewal thereof is refused.
(7) The same fee
shall be charged for the renewal of a licence for every twelve months for the
grant of such renewal:
Provided
that-
(a) if the
application with accompaniments required under sub-rule (4) is not received
within the time specified in sub-rule (5) but received not later than three
months the licence shall be renewed only on payment of a fee amounting to
twice the fee ordinarily payable;
(b) if such an
application with accompaniments is received by the Chief Controller or
Controller after three months from the date of expiry but not later than one
year from the date of expiry, the licence may, without prejudice to any other
action that may be taken in this behalf, be renewed on payment of late fee at
the rate of one year licence fee for every delay of three months or part
thereof:
Provided
further that in the case of an application for the renewal of a licence for a
period of more than one year at a time, the fee prescribed under the first
proviso, if payable shall be paid only for the first year of renewal.
(8) No licence
shall be renewed if the application for renewal is received by the Chief
Controller or Controller after one year of the date of its expiry.
56. Refusal of
licence.
—The Chief Controller or Controller refusing to grant, amend, renew or
transfer a licence, shall communicate the reasons thereof to the applicant.
57. Suspension
and cancellation of licence: - (1) Every licence granted under these
rules shall be liable to be suspended or cancelled by an order of the
licensing authority for any contravention of the provisions of the Act or
rules framed thereunder or of any condition contained in such licence, or by
an order of the Central Government, if at any time the continuance of the
licence in the hands of the licensee is deemed objectionable:
Provided that—
(a) before
suspending or canceling a licence under this rule, the holder of the licence
shall be given an opportunity of being heard;
(b) the maximum
period of suspension shall not exceed three months; and
(c) the
suspension of a licence shall not debar the holder of the licence from
applying for its renewal in accordance with the provisions of rule 55.
(2)
Notwithstanding anything contained in sub-rule (1) an opportunity of being
heard may not be given to the holder of a licence before his licence is
suspended or cancelled in cases-
(a) where the
licence is suspended by the licensing authority as an interim measure for violation
of any of the provisions of the Act or these rules, or of any condition
contained in such licence or in his opinion such violation is likely to cause
imminent danger to the public:
Provided
that where a licence is so suspended, the licensing authority shall give the
holder of the licence an opportunity of being heard before the order of
suspension is confirmed;
(b) where the
licence is suspended or cancelled by the Central Government, if the
Government considers that in the public interest or in the interest of the
security of the State such opportunity should not be given.
(3) The Chief
Controller or Controller or the Central Government suspending or cancelling a
licence under sub-rule (1), shall communicate the reasons thereof to the
applicant except when the licence is suspended under sub-rule (2).
58. Procedure on
expiration, suspension or cancellation of licence:— A person
licensed to fill or store compressed gas shall, on the expiration, suspension
or cancellation of such licence, forthwith give notice to the Chief
Controller or Controller of the nature and quantity of compressed gas in his
possession and shall comply with the directions which the Chief Controller or
Controller may give in regard to its disposal.
59. Appeal: - (1) An appeal
shall lie with the Central Government against any order passed by the Chief
Controller refusing to grant, amend or renew a licence or cancelling or
suspending a licence and to the Chief Controller against any order passed by
the Controller
(2) Every appeal
shall be in writing and shall be accompanied by a copy of the order appealed
against and shall be presented within sixty days of the order passed.
60. Procedure on
death or disability of licensee. — If a licensee dies or becomes
insolvent or mentally incapable or is otherwise disabled, the person carrying
on the business or legal heir of such licensee shall not be liable to any
penalty or confiscation under the Act or these rules for exercising the
powers granted to the licensee during such time as may reasonably be required
to allow him to make an application for a new licence or transfer of the
existing licence in his own name:
Provided
that nothing in this rule shall be deemed to authorise the exercise of any
power under this rule by any person after the expiry of the period of the
licence.
61. Loss of
licence.
— Where a licence granted under these rules is lost or accidentally
destroyed, a duplicate copy of the licence may be granted on submission of a
copy of the plan or plans identical with those attached to the licence and on
payment of a fee as specified in Schedule V.
62. Production of
licence on demand:
— (1) Every person holding or acting under a licence granted under these
rules shall produce it, or an authenticated copy of it, at the place to which
the licence applies, when called upon to do so by any of the officers
specified in rule 71.
(2) Copies of any
licence may, for the purposes of this rule, be authenticated by the
authority, which granted the licence —
(a) on payment of
a fee as specified in Schedule V for each authenticated copy; and
(b) on the
submission of a copy of the plan identical with the approved plan attached to
the licence.
63.
Procedure on reports of infringement: — The District Authority shall inform
the Chief Controller or Controller of the action taken by him on any reports
of infringement of the Act or of these rules, which the Chief Controller or
Controller may make to him.
64. Executive
control over authorities: — Every authority, other than the Central Government,
acting under this Chapter shall perform its duties subject to the control of
the Central Government:
Provided
that nothing in these rules shall be deemed to affect the powers of executive
control of the Chief Controller over the officers subordinate to him.
65. Licence fee and other than licence fee: - (1) Licence
fee and fees other than licence fee are specified in Schedule ‘V’. The fees
are liable to be revised from time to time by an order issued by the Central
Government.
(2)
All fees payable under these rules shall be paid through crossed demand draft
drawn on any Bank in favour of the Chief Controller of Explosives or
Controller of Explosives or Department of Explosives payable at respective
places as the case may be.
CHAPTER
VII
66. Power to
exempt: —
If the Chief Controller is satisfied that in respect of any cylinder or any
mode of conveyance, any of the requirements of these rules may be safely
suspended or modified, he may, by written order, authorise such suspension or
modification for such period and under such condition as he may think fit and
such order may be revoked at any time.
CHAPTER
VIII
ACCIDENTS
AND INQUIRIES
67. Notice of
accidents:
— (1) The notice of an accident required to be given under sub-section (1) of
section 8 of the Act shall be given forthwith —
(a) to the Chief
Controller or Controller under whose jurisdiction the area falls by Fax,
E-mail or telegram (Telegraphic Address – Explosives, Nagpur, E-mail explosives@explosives.gov.in)
followed by a letter giving particulars of the occurrence within 24 hours;
(b) to the
District Magistrate concerned and
(c) to the
officer-in-charge of the nearest Police Station by the quickest route.
(2) Pending the
visit of the Chief Controller or Controller or until instruction is received
from the Chief Controller or Controller that he does not wish to make any
further investigation or inquiry, all wreckage and debris shall be left
untouched except insofar as its removal may be necessary for the rescue of
the persons injured and recovery of the bodies of any persons killed by the
accident or in the case of railway or road for the restoration of through
communication or traffic.
68. Inquiry into
accidents:
— (1) Whenever a District Magistrate or a Commissioner of Police or a
Magistrate subordinate to a District Magistrate (hereinafter in this rule
referred to as the Magistrate) holds an inquiry under sub-section (1) of
section 9 of the Act, he shall adjourn such an inquiry unless the Chief
Controller or Controller or an officer nominated by him is present to watch
the proceedings or the Magistrate has received written information from the
Chief Controller or Controller that he does not wish to send a
representative.
(2) The
Magistrate shall, at least fourteen days before holding an adjourned inquiry,
send to the Chief Controller or Controller notice in writing of the time and
place of holding the adjourned inquiry.
(3)
Where an accident has been attended with loss of human life, the Magistrate,
may before the inquiry is adjourned under sub-rule (1) take evidence to
identify the bodies and may order the internment thereof.
(4) The Chief
Controller or Controller or his representative shall be at liberty at any
such inquiry to examine any witness.
(5) Where
evidence is given at an enquiry of any neglect as having caused or
contributed to the explosion or accident or of any defect in or about or in
connection with any installation or any vehicle appearing to the Magistrate
to require a remedy and the Chief Controller or Controller or the officer
nominated by him is not present at the enquiry, the Magistrate shall send to
the Chief Controller notice in writing of the neglect or defect.
69. Inquiry into
more serious accidents: — (1) Whenever an inquiry is held under
section 9A of the Act, the person holding such inquiry shall hold the same in
open court in such manner and under such conditions as they may think most
effectual for ascertaining the causes and circumstances of the accident, and
enabling them to make the report under this rule:
Provided
that where the Central Government so directs, the inquiry may be held in
camera.
(2) Persons
attending as witnesses before the enquiry court shall be allowed such
expenses as would be allowed to witnesses for attending before a Civil Court
subordinate to the High Court having jurisdiction in the place where the
inquiry is held and in case of any dispute as to the amount to be allowed,
the question shall be referred to the local Magistrate, who, on a request
made by the enquiry officer, shall ascertain and certify the proper amount of
such expenses.
(3) All expenses
incurred in or about an inquiry or investigation under sub-rule (2) of rule
69 shall be deemed to be part of the expenses of the Department of Explosives
in executing the provisions of the Act.
CHAPTER
IX
POWERS
70. Dangerous
practices:
- (1) If in any matter which is not provided for by any express provision of,
or condition of a licence granted under these rules, the Controller finds any
compressed gas filling station or a storage place, where a cylinder is being
filled or possessed, or any part thereof or anything or practice therein or
connected therewith or with the handling or transport of compressed gas
cylinders, dangerous or defective, so as, in his opinion, to tend to endanger
the public safety or the bodily safety of any person, such Controller may by
an order in writing require the occupier of such filling station or storage
place or the owner of the cylinder to remedy the same within such time as may
be specified in the order, and the said occupier shall carry out the orders
within the specified time.
(2) Where the
occupier or owner objects to an order made under sub-rule (1), he may appeal
to the Chief Controller within the time specified in the order for compliance
with it.
(3) Every appeal
preferred under sub-rule (2) shall be in writing and shall be accompanied by
a copy of the order appealed against and shall be made within a period of
thirty days from the date of the order appealed against.
(4) If the occupier
or owner fails to comply with an order made under sub-rule (1) within the
time specified in it or, where an appeal is preferred under sub-rule (2),
fails to comply with the order of the Chief Controller thereon within the
time fixed in such order, he shall be deemed to have committed a breach of
this rule.
71. Powers of
inspection, search, seizure, detention and removal: — (1) Any of the
officers, specified in the first column of the Table below may exercise the
powers specified in sub-section (1) of section 7 of the Act in the area
specified in the corresponding entry in the second column of that Table.
TABLE
Provided
that the powers of removal and destruction under clause (d) of sub-section
(1) of section 7 of the Act shall not be exercised by any Magistrate or
Police Officer except under and in accordance with the instructions of the
Chief Controller or Controller.
(2)
Every facility shall be afforded to the officer specified in sub-rule (1) to
ascertain that these rules are being duly observed.
72.
Protection of action taken in good faith: - (1) No suit, prosecution
or other legal proceeding shall lie against the Central Government or Chief
Controller or Controller for anything which is in good faith done or intended
to be done in pursuance of these rules.
(2) No suit or
other legal proceeding shall lie against the Central Government or Chief
Controller or Controller for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in pursuance of
these rules.
73. Repeal and Savings: - (1) The Gas
Cylinder Rules, 1981 is hereby repealed.
(2)
Notwithstanding such repeal –
(a) all licences
granted or renewed under the said rules and all fees imposed or levied shall
be deemed to have been granted, renewed or imposed or levied, as the case may
be under the corresponding provisions of these rules, and
(b) all approvals
given and all powers conferred by or under any notification or rule shall, so
far as they are consistent with the Act and these rules, be deemed to have
been given or conferred by or under these rules.
TYPES
AND STANDARDS OF CYLINDERS AND VALVES
A.
CYLINDERS AND CONTAINERS
B.
VALVES
SCHEDULE II
(A) The test and inspection certificates to
be obtained from the Inspecting Authority in respect of cylinders
(B) The test and
inspection certificates to be obtained from the Inspecting Authority in
respect of valves
SCHEDULE III
Particulars
to be submitted by person desiring to fabricate cylinder, valves and other
fittings.
A.
FACILITIES REQUIRED FOR CYLINDER TESTING STATIONS
B. Testing of cylinders
B. FEES OTHER THAN LICENCE FEES
Declaration to be made by the Master of a ship carrying cylinder
filled with compressed gas before entering a port or by the ship’s agent.
FORM
B
Application for the grant/amendment of a licence to import
cylinders
Application for the grant/amendment/renewal of a licence to fill
and/or store compressed gas in cylinders
FORM
D
Licence to import Gas Cylinders by Sea
FORM E
‘Licence to fill compressed gas in cylinders’
Licence to store compressed gas in
cylinders
FORM G
‘Licence to dispense compressed
natural gas in a CNG dispensing station
as automotive fuel’
Inter distances from buildings and outer boundaries to gas
storage units
TABLE
II
Inter distances between various facilities in the CNG fueling
station
TRANSPORT OF CYLINDERS
1 Transport of cylinders by vehicles
2. Restriction on transport
3. Loading and unloading for transport
4. Protection of valves during
transport
5. Leaky
cylinders
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Sunday, 6 July 2014
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