This article explains the legal aspect of buying, bursting, displaying fire crackers in Mumbai. As more people are opting for noiseless crackers, many others are completely stopping the use of fire crackers, keeping in mind the pollution they cause.
What is a firecracker? How is it different from an explosive?
A fire-cracker or fireworks are defined in the Explosives Rules, 2008 as:
(24) “fireworks” means low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses, rockets, shells, percussion caps;
A fire cracker is a type of explosive, which is of low hazard.
Who is authorised to sell fire crackers in Mumbai? From where should you buy fire crackers in Mumbai?
88. Fireworks to be sold from licensed premises only.—No person shall sell fireworks from any premises other than those licensed under these rules.
This means, that fire crackers being sold on hand carts, vehicles, cycles etc. are illegal. They maybe selling rejected or unlicensed material which maybe highly hazardous apart from being illegal.
Fire crackers for public display must be bought from the manufacturer directly.
Can I buy Fireworks from an online website?
Before you buy fireworks or fire crackers online, you will need to contact the vendor and confirm if he is licensed to sell fireworks and whether he is selling fireworks from the same premises which is licensed.
Ensure that the online fireworks vendor, wherever he may be located, complies with all the Indian Laws on fireworks.
If the fireworks vendor is licensed and complies with ALL other guidelines as per the Explosives Act and related laws, you may buy from that vendor. Else, the vendor may be selling illegal fireworks which are banned in India and which may be harmful or hazardous.
Immediately report illegal fireworks vendors as given below.
What are the rules for these licensed Fire cracker vendors?
84. Temporary shops for possession and sale of fireworks during festivals.—During festivals, the District Magistrate may issue temporary licences for possession and sale of fireworks in a temporary shop subject to the following conditions namely :—
- The fireworks shall be kept in a shed made of non-flammable material, which is closed and secured so as to prevent unauthorised persons having access thereto.
- The sheds for possession and sale of fireworks shall be at a distance of at least three metres from each other and fifty metres from any protected work.
- The sheds shall not face each other.
- No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds. Electrical lights, if used, shall be fixed to the wall or ceiling and shall not be suspended by flexible wire. Switches for each shop shall be fixed rigidly to the wall and a master switch shall be provided for each row of sheds.
- Display of fireworks shall not be allowed within fifty metres of any shed.
- In one cluster not more than fifty shops shall be permitted.
(43) “protected works” includes buildings or structures in which persons dwell, work or assemble, college, school, hospital, theatre, cinema house, shop, market, factory, place of worships, place of storage of hazardous substances, highway or public road, railway line, navigable waterways, cross country above ground pipelines, dams or reservoirs, overhead high tension power lines, but does not include cart tracks not in regular use, agricultural wells and pump sets connected therewith;
Are there any rules related to buying fire crackers?
Before you buy crackers, ensure that there is no label or declaration on the box stating that they are “not for sale in India” or “only for export in other countries”. If there is such label, DO NOT BUY these crackers, they are not according to Indian standards and maybe harmful.
Immediately report such vendors to the Department of Explosives using the details below:
Joint Chief Controller of Explosives
A-1 and A-2 Wing, 5th Floor, C.G.O. Complex, CBD Belapur,
Navi-Mumbai(Maharashtra) -400614
(022)27575946 27575946 27564941
jtccemumbai@explosives.gov.in
7. Control over manufacture, import, export, transport, possession for sale or use of explosives.—No person shall manufacture, import, export, transport, possess for sale or use an explosive except as authorised or licensed under these rules.
9. No licence needed in certain cases.— Notwith-standing anything contained in rule 7, no licence shall be necessary for the following cases, namely :— (5) possession of fireworks not exceeding one hundred kilogram for own use and not for sale; (9) possession and sale from a shop of amorces and sparklers in quantity not exceeding one hundred kilogram.
Hence, it means that a person may buy upto 100 Kgs of fire crackers, for own PRIVATE use and not for sale. The purchase must be done only from a licensed vendor and must comply with the sound and noise limits.
If the fire crackers are to be used for PUBLIC display, then the rules are different.
Further, the Environment (Protection) Second Amendment Rules, 2006 state that:
A. (i) The manufacture, sale or use of fire-crackers generating noise level exceeding 125 dB(AI) or 145 dB(C)pk at 4 meters distance from the point of bursting shall be prohibited.
(ii) For individual fire-cracker constituting the series (joined firecrackers), the above mentioned limit be reduced by 5 log10(N) dB, where N = number of crackers joined together.
Which crackers are illegal or beyond permissible legal limits?
Please refer to this list for reports on the testing done on Fire Crackers. You will be able to identify the illegal fireworks.
I am having an event and want to display fireworks. Do I need special permission?
Yes. For public display of fire works, you need to apply for a license.
The license is valid for one month.
(i) Form AE-6;
(ii) Site Plan for public display of display fireworks;
(iii) Passport size photographs of the occupier alongwith documentary evidence of nomination as occupier as per rule 2;
(iv) Licence fee as per schedule IV Part 2;
(v) Public liability insurance.
License Fees = Rs. 500
Can fire crackers be burst on the road?
No. Under section 33 of the Bombay Police Act, 1951, bursting of Fire Crackers within 50 feet from a street or footpath or building is illegal.
33. Power to make rules or regulation of traffic and for presentation of order in public place, etc. [The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate with respect to any of the said matters (except those falling under Cls. 4[(a), (b), (d). (db), (e), (g), (r), (t) and (u)]) thereof and the Superintendent of Police with respect to the matters falling under the clauses aforementioned read with CI. (y) to this sub-section], in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-
(h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substances;
(u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a firearm or airgun, or letting off or throwing a fire-work or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf;
66. Duties of Police officers towards the public. It shall be the duty of every Police officer-
(f) to use his best endeavours to prevent any loss or damage by fire;
(g) to use his best endeavours to avert any accident or danger to the public.
Further, display of fireworks shall NOT be allowed within fifty metres of any shed selling fireworks, as mentioned earlier.
What is the penalty for flouting those rules?
1. Under section 131 of the Bombay Police Act, 1951
131. Penalty for contravening rules. etc., under Sec. 33. Save as provided in Sec. 131-A,
whoever:
(a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under such rule or order, or
(b) abets the commission of any offence under Cl. (a) shall, on conviction be punished]-
(i) if the rule or order under which the said licence was issued was made under Cls. (d), (g), (h), (i), sub-clauses (i) and (ii) of Cl. (r) or C1. (u) of sub-section (1) of Sec. 35, with imprisonment for a term, which may extend to eight days or with fine which may extend to fifty rupees or with both;
Where can you file a complaint about Fire Crackers?
A-1 and A-2 Wing, 5th Floor, C.G.O. Complex, CBD Belapur,
Navi-Mumbai(Maharashtra) -400614
(022)27575946 27575946 27564941
jtccemumbai@explosives.gov.in
Complain to the Chief Controller of Explosives for:
- Illegal fire cracker shops and vendors
- Location of fire works shop within 50 meters from a Protected Work (see above)
- Distance of less than 3 meters between 2 fire cracker shops
- Fire crackers which violate Noise Limits or do not disclose their content
- Sale of banned fire crackers
All District Magistrates, Police Officers the rank of a Sub-Inspector of Police and above may also take the necessary action.
Complain to the Mumbai Police for:
- Illegal fire cracker shops and vendors
- Fire crackers which violate Noise Limits or do not disclose their content
- Sale or use of banned fire crackers
- Persons bursting crackers on the streets or footpath
- Persons bursting crackers in a dangerous manner, posing a threat to life / property
- Persons bursting crackers within 50 feet of a street or building.
- Persons launching rockets into vehicular traffic, into houses or upon pedestrians
Complaints may be made in writing or email or by SMS.
SMS Mumbai Police at 7738133133 / 7738144144
Citizen’s Noise Map
You can also put photographs of illegal fire crackers vendors on the Facebook Page of the Awaaz Foundation Citizen’s Noise Map
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