Regulating commercial activities: Inspectorate of Explosives yet to be set up

Law stipulating formation of the body passed in September 2013.


Sohail Khattak May 01, 2015
The inspectorate would be headed by a chief inspector appointed by the government. STOCK IMAGE

PESHAWAR:


The Khyber-Pakhtunkhwa government is yet to establish an Inspectorate of Explosives, although five years have passed since the 18th Constitutional Amendment transferred the responsibility to provinces. The body is meant to monitor the use of commercial explosives in the province.


According to officials in the K-P Home and Tribal Affairs department, licences for using explosives—mostly used in mining and construction—are still being issued by a deputy chief inspector of the federal government.

After the passage of the 18th Amendment, the provincial government passed its own explosives act in September 2013. The K-P Explosives Act states that the government shall establish an Inspectorate of Explosives soon after the commencement of the act. The act was made applicable the same year.

The inspectorate would be headed by a chief inspector appointed by the government and he would be assisted by inspectors. However, the inspectorate has not yet been established. The law also states the government may formulate rules to regulate the manufacturing, transportation, sale and possession of explosives in K-P.

Split centre

“Initially, we (the home department) were dealing with NOCs for purchasing explosives for commercial use but now the mining and minerals department issues them to applicants,” said an official requesting anonymity as he was not authorised to talk to the media.

He further said at the moment a deputy chief inspector of explosives in the federal government assesses requests for licences and applications are scrutinised and approved by him.

When contacted, home department Section Officer Arms Muhammad Ismail said the inspectorate will soon be established but failed to provide any more details. According to Ismail, he was recently appointed to the position and was not fully aware of any progress in the matter. “We are setting up the inspectorate. The aim is to streamline the process of licence issuance and increase revenue generated through licence renewals,” he said. “However, our top most priority would be security given the province’s law and order situation.”

The issuance of new licences is banned currently because of the security situation, the official claimed.

The laws which govern

Another official of the department privy to the matter said the Explosives Rules 1940 were being amended. “There are over 100 rules and the law department needs at least six months to vet them. The inspectorate will be established once the rules are amended,” he said.

However, he argued there is no ban on new licences. “How could you ban licences when hundreds of development schemes and mining are under way?” he questioned.

The official further said a draft has been prepared for the establishment of the inspectorate and the department has proposed names for an inspector for each division of the province, unlike the federal inspectorate where only four inspectors—one each for each province—are working. “The only problem in our proposal for the inspectorate is the difference between the revenue generated from licences compared to its expenses,” he said. “The revenue is less than the expenses needed for the inspectorate.”

Published in The Express Tribune, May 2nd, 2015.

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