In India, fireworks are required for every occasion, not just Diwali. There are no exceptions for fireworks, whether they are used to usher in the new year, celebrate team India's triumph in a cricket match, or even participate in a festival at the local temple. As a result, India always has a strong demand for fireworks, especially around the festival of Diwali. It is typical to see makeshift fireworks businesses set up in open spaces during the Diwali festival in both urban and rural locations.

Additionally, there are a number of enduring and well-known companies that deal in fireworks all year long for celebrations of different holidays and special occasions like weddings, cricket games, election results, etc. The Explosives Rules, 2008, which are governed by the Explosives Act, 1884, govern the sale of fireworks, which are considered low-level explosives. Therefore, these stores need an explosives license that has been approved by the government to sell fireworks.

Types of Explosives License

Everywhere in the nation, the process for obtaining an explosives license is the same. The Explosives Act and the 2008 Explosive Rules' guidelines govern the selling of firecrackers. Chapter VII of the legislation contains the details regarding temporary licence requirements.

If you simply plan to sell fireworks that weigh up to 100 kg, you do not need a temporary licence. The Explosives Rules 2008 provide that you must nevertheless adhere to all safety guidelines and take all required steps for the protection of the general public.

However, if you wish to sell mixed sorts of crackers—including amorces, sparklers, and other types of firecrackers—weighing 100 kg or more, you need to apply for a temporary explosives license.

There are two categories of explosives licenses available under the aforementioned statute:

Temporary License

The District Deputy Commissioner of Police is the certified authority to grant the temporary license. The license is ideal for shops that deal with fireworks weighing 600kg or less, including Chinese crackers weighing about 500 kg and Class 7, Division 2, Subdivision 2, manufactured fireworks of 100 kg.

Permanent License

The Additional Commissioner of Police issues the permanent license. These are given to those establishments that are situated in prime areas of the city, such as in commercial complexes or commercial streets, as per the layout of the city.

If you want to apply for a temporary explosives licence to sell "green firecrackers" weighing no more than 600 kg, you might need to establish a "pucca store" or "temporary shed."

Requirements for getting an explosives license to sell fireworks

• The store or establishment ought to be situated in a complex for businesses or on a commercial street.
• The shop's floor space should be between 9 and 25 square metres.
• The applicant, or the potential owner of the business, must be at least 18 years old and of sound mind.
• The street where the store is located needs to be wide enough to have.
• Accessibility for firefighting should be at least 6 metres wide.

Mandatory documents required for procuring the explosives license

When applying for an explosives license to sell fireworks in India, the following paperwork must be submitted with the application:

• Form 4 – Application form for license to possess and sell explosives
• Identity and address proofs accompanied with recent passport-size photographs of the applicant
• Affidavit with proper notarisation
• Plan of the shop or establishment designed by a registered architect
• Proof of ownership of the shop or establishment
• If the premises of the shop is on a rental property, a NOC (No Objection Certificate) from the owner
• Four photographs of the shop or establishment, taken from various directions to enumerate that there is adequate spacing between the surrounding shops and structures from the shop of the applicant

Other information to be included in the site plan of the shop includes the routes and roads leading up to it, the shops and buildings that surround it that sell fireworks, and the electrical wiring system. Demand Draft for Rs. 600 payable at the relevant PESO office and drawn in the name of the Joint Chief Controller of Explosives. Any other record that might be pertinent in accordance with the law.

Procedure to obtain the explosives license for selling fireworks

• The person who wants to open a fireworks shop must submit an application to the Deputy Commissioner's office together with all necessary paperwork and documentation in order to obtain the licence for selling fireworks.
• To open a store, the applicant must double-check their eligibility.
• The applicant must submit the required fee to the PESO (Petroleum and Explosives Safety Organization) office together with the application and supporting documentation.
• The concerned PESO officer will visit the location to assess the finished facilities in order to provide confirmation.
• The applicant will receive a licence after completing the aforementioned process satisfactorily.

Conclusion

Although the procedure to obtain an explosives license is straightforward, it may take some time. If the applicants want to set up their fireworks businesses during the holiday seasons, like Diwali, they need to apply for an explosives license well in advance. The application process for a licence could be a little challenging because applicants must carefully review the Explosives Rules, 2008 to determine which category they fall under and then submit the appropriate paperwork.

The simpler option would be to contact us at Online Legal India, as we could handle the research for you and make sure that you obtain the explosives license as soon as possible. In a nation like India, where celebrations are the norm every day, fireworks are always in demand. Consequently, opening a shop selling pyrotechnics might be a clear-cut business concept that pays off handsomely.