Port Blair, Nov 09: WHEREAS, the Supreme Court of India vide W.P. (Civil) No. 728 of 2015 dated 23/10/2018 has taken strict cognizance on the issue of burning of firecrackers during Diwali and other festivals/occasions etc.
AND WHEREAS, the UT of Andaman and Nicobar Islands is facing air pollution and bursting of firecrackers/fireworks has been identified as one of the sources of air pollution and noise pollution and conditions exist in the air during festive seasons in which pollution level is very high and the bursting of fireworks also affect the ambient air and the lungs, eyes and ears of the people and is one of the causes of pollution in the environment and is harmful for senior citizens, small children and ailing persons.
AND WHEREAS, the Supreme Court of India has directed that green crackers permitted by PESO (Petroleum & Explosives Safety Organization) are to be sold under valid permission and any manufacturer, sale, purchase/possession or use of crackers (carrying barium or other banned chemicals or mislabeled) is completely prohibited.
NOW THEREFORE, the following advisory is issued for information and strict abidance: –
1. No firecrackers shall be burst in silence zones, that is, an area at least 100 m away from hospitals, nursing homes, primary and district health care centres, educational institutions, courts, religious places or any other are that may be declared as a silence zone by the authorities concerned.
2. All concerned shall strictly adhere to timing in display/bursting of fireworks which shall be between 8.00 pm to 10.00 pm
3. All concerned will ensure strict compliance with the Notification GSR No. 64 (E) dated January 27, 1992, regarding the manufacture, possession, use, sale, and importation of any explosive containing sulfur or sulfate in admixture with any chlorate.
4. Fireworks containing aluminum, sulphur and potassium shall be sold provided the composition already approved by PESO is maintained. It is the responsibility of PESO to ensure compliance with the standards it has formulated.
5. It is made explicit that the sale of fireworks must conform to the directions given above and must be fully in compliance with the Explosive Rules 2008.
6. Keeping in view the adverse effects of air pollution, the human right to breathe clean air and the human right to health, all concerned may consider encouraging display of fireworks through community participation rather than individual bursting of fireworks.
7. The crackers with reduced emissions (improved crackers) and green crackers only would be permitted to be sold.
8. The sale and use of joined firecrackers (series crackers or laris) is banned as the same causes huge air, noise and solid waste problems.
9. The sale shall only be through licenced traders and it shall be ensured that the licenced traders are selling those firecrackers which are permitted by this order.
10. No e-commerce websites, including flipcart, amazon etc shall accept any online orders and effect online sales. Any such e-commerce companies found selling crackers online will be hauled up for contempt of Court and in that eventuality order of monetary penalties as well.
11. Barium salts in the fireworks are also hereby banned.
12. Fireworks with permitted chemicals only to be purchased/possessed/sold/used during diwali and all other religious festivals, of any religion whatsoever, and the occasions like marriages, etc. and should not contain banned chemicals like lithium/arsenal/antimony/lead/mercury.
13. Only those crackers whose decibel (sound) level are within the limits are allowed in the market.
14. UT Pollution Control Committee shall carry out short term monitoring for 14 days (commencing 7 days prior to Diwali and ending 7 days after Diwali) for the parameter namely, aluminum, barium, iron apart from regulatory parameters against the short-term Ambient Air Quality Criteria Values (AAQCVS) proposed by CPCB with regards to bursting of firecrackers.
This advisory shall be promulgated and due publicity through electronic media/print media/cable services to make the people aware and know the directions with respect to manufacture, use and sale of banned firecrackers may also be ensured in the South Andaman District for information of the public by announcement through publicity vans and affixing of copies thereof at notice boards of the Office of the District Magistrate/Sub-Divisional Magistrate/Executive Magistrates as well as prominent public places and publications in the newspaper having circulation in the district. Further, the Superintendent of Police/Sub-Divisional Magistrate/ Executive Magistrate and all authorities concerned shall ensure strict compliance of this order and shall adequately inform and sensitize the field functionaries to be vigilant in the matter.
