Manufacturing of HD explosive material: PD asked to seek clearance from ministries for amending licences of four firms

ISLAMABAD: The caretaker federal cabinet has directed Ministry of Energy (Petroleum Division) to seek clearance from Ministries of Defence and Ministry of Defence Production for amendments in the existing licences of four firms engaged in manufacturing of high-density commercial explosive material, well informed sources told Business Recorder.

Sharing the details, sources said, Petroleum Division noted that the Department of Explosives (DoE) was an attached department working under the administrative control of the Ministry of Energy (Petroleum Division); and that the DoE was inter alia entrusted with the responsibility of ensuring public safety at all levels of manufacturing, transportation, storage, import, export, sale and use of explosives, petroleum products and hazardous chemicals within the country.

It was noted that the DoE had requested approval of the federal government for amendments in the existing licences in Form “EL-01” of the following firms/ licencees, engaged in manufacturing of high-density commercial explosive materials, giving details of their existing authorizations, and proposed amendments in the same: (i) M/s Wah Associates; (ii) M/s Jamhex Company Private Limited;(iii) M/s Wah Nobel Detonators Private Limited; and (iv) M/s Araka Enterprises (Pvt) Ltd.

The cabinet was informed that as per serial No 1 of Schedule-IV of the Explosives Rules, 2010, the authority to grant licences was the Chief Inspector’s (currently Director General of Explosives). However, as per Rule-111(1) b) of the Explosives Rules, 2010, an amendment in a licence in Form EL-01 requires the sanction of the federal government.

Relevant parts of Rule-111 (1)(b) were also shared with the cabinet as follows: 111 amendments in licence: (i) Any licence granted under these rules may be amended by the authority empowered to grant the licence, provided that(b) no licence in Form EL-01 shall be amended except with the sanction of the federal government.

The Petroleum Division submitted that in line with the order of the Supreme Court of Pakistan in the Mustafa Impex case, 2016 PLD 808, the matter was being placed before the Federal Government, i.e. the federal cabinet, for approval of amendments of the license in Form EL-01 of the Explosives Rules, 2010 for the specified firms/licensees. The Division certified that all codal formalities, i.e. application form EL-01, distance form EM-06, treasury challans etc, had been fulfilled.

However, during discussion on the summary of Petroleum Division it was observed that in view of sensitivity of matter and to deter any misuse of the said explosives, prior clearance from Ministry of Defence, Ministry of Defence Production and Ministry of Interior (Intelligence agencies) wasrequired and should be obtained.

Copyright Business Recorder, 2024