EXPLOSIVES ACT, 1884
(1) This Act may be called the 1[***] Explosives Act, 1884; and
Local extent.—(2) It extends to the whole of India 2[***].
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1. The word “Indian” omitted by Act 32 of 1978, sec. 3 (w.e.f. 2-3-1983).
2. The words “except Part B States” omitted by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951).
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The Explosives Act, 1884, is a legislative framework enacted to regulate the manufacture, possession, use, sale, transport, import, and export of explosives in India. Its primary objective is to prevent accidents, misuse, and illegal activities involving explosive substances, thereby ensuring public safety and national security.
Section 1 of the Explosives Act, 1884, lays down the short title, extent, and commencement of the Act. It states that the Act may be called the Explosives Act, 1884, and applies to the whole of India. It also specifies the date of commencement of the Act and the territorial extent.
While Section 1 itself does not specify punishments, violations of the subsequent provisions of the Act, such as manufacturing, possessing, or transporting explosives without license, are punishable under Sections 9B and other relevant sections, with penalties including imprisonment and fines.
In conclusion, Section 1 of the Explosives Act, 1884, is the foundational provision that defines the scope, jurisdiction, and authority of the Act, setting the stage for a comprehensive regulatory regime aimed at safeguarding public safety and national security through licensing, control, and enforcement measures.
(1) This Act shall come into force on such day1 as the Central Government, by notification in the Official Gazette, appoints.
2[***]
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1. Came into force on 1st July, 1887, see Gazette of India, 1887, Pt. I, p. 307.
2. Sub-section (2) rep. by Act 12 of 1891, sec. 2 and Sch. I.
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[Rep. by the Indian Ports Act, 1889 (10 of 1889)1, sec. 2 and Sch. II.]
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1. Rep. by the Indian Ports Act, 1908 (15 of 1908).
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In this Act, unless the context otherwise requires,—
(a) “aircraft” means any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, and includes baloons, whether fixed or free, airships, kites, gliders and flying machines;
(b) “carriage” includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in whatever manner the same may be propelled;
(c) “District Magistrate”, in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes—
(a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of suc
(1) The Central Government may, for any part of1[India]2[***] make rules3consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use. sale,4[transport, import and export] of explosives, or any specified class of explosives.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:--
(a) the authority by which licences may be granted;
(b) the fees to be charged for licences, and theother sums (if any) to be paid for expenses by applicants for licences;
(c) the manner in which applications for licenses must be made, and the matters to be specified in such applications;
Notwithstanding anything in section 5 or in the rules made thereunder where, immediately before the commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), any person was carrying on the business of manufacture, sale, transport, import or export of any explosive [for which no licence was required under this Act before its amendment by the Indian Explosives (Amendment) Act, 1978], then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive—
(a) for a period of three months from the date of such commencement; or
(b) if before the expiry of the said period of three months, such person has made an application for grant of licence under this Act for such business in such explosive, until the final disposal of his application, whichever is later.]
(1) Notwithstanding anything in the rules under the last foregoing section, the Central Government may, from time to time, by notification in the Official Gazette,--
(a) prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the Central Government, it is expedient for the public safety to issue the notification; 1 [* * *]
1 [* * *]
2 [(2) The Customs Act, 1962 (52 of 1962) shall have effect in relation to any explosive with regard to the importation of which a notification has been issued under this section and the vessel, carriage or aircraft containing such explosive as that Act has in relation to any article the importation of which is prohibited or regulated thereunder an
1 [6A. Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons
Notwithstanding anything in the foregoing provisions of this Act,--
(a) no person,--
(i) who has not completed the age of eighteen years, or
(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude for a term of not less than six months, at any time during a period of five years after the expiration of the sentence, or
(iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping the peace or for good behaviour, at any time during the term of the bond, or
(1) Where a person makes an application for licence under section 5, the authority prescribed in the rules made under that section for grant of licences (hereinafter referred to in this Act as the licensing authority), after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing either grant the licence or refuse to grant the same.
(2) The licensing authority shall grant a licence—
(a) where it is required for the purpose of manufacture of explosives if the licensing authority is satisfied that the person by whom licence is required—
(i) possesses technical know-how and experience in the manufacture of explosives; or
(ii) has in his employment or undertakes to emplo
(1) Notwithstanding anything contained in section 6B, the licensing authority shall refuse to grant a licence—
(a) where such licence is required in respect of any prohibited explosives; or
(b) where such licence is required by a person whom the licensing authority has reason to believe—
(i) to be prohibited by this Act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export any explosive, or
(ii) to be of unsound mind, or
(iii) to be for any reason unfit for a licence under this Act; or
(c) where the licensing authority deems it necessary for the security of the public peace or for public saf
A licence granted under section 6B may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.]
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1. Ins. by Act 32 of 1978, sec. 8 (w.e.f. 2-3-1983).
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(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may, by order in writing, suspend a licence for such period as it thinks fit or revoke a licence,—
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export a
(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against an order made by, or under the direction of the Central Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(1) The Central Government 1[***] may make rules consistent with this Act authorising any officer, either by name or in virtue of his office—
(a) to enter, inspect and examine 2[any place, aircraft, carriage or vessel] in which an explosive is being manufactured, possessed, used, sold, 2[transported, imported or exported] under a licence granted under this Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, 3[transported, imported or exported] in contravention of this Act or of the rules made under this Act;
(b) to search for explosives therein;
(c) to make samples of any explosive found therein on payment of the value thereof; and
4[(d) to seize, detain and remove any exp
1[(1)] Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or 2[any aircraft, carriage or vessel] either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, or 3[the master of the aircraft or vessel], or the person in charge of the carriage, as the case may be, shall 4[within such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the 5[Chief Controller of Explosives] and] to the officer in charge of the nearest police station.
6[***]
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(1) Where any accident such as is referred to in section 8 occurs in or about or in connection with 2[any place, aircraft, carriage or vessel] under the control of any of 3[Armed Forces of the Union], an inquiry into the causes of the accident shall be held by the naval, military, or air force authority concerned, and where any such accident occurs in any other circumstances, the District Magistrate 4[***] shall, in cases attended by loss of human life, or may, in any other case, hold or direct a Magistrate subordinate to him to hold, such an inquiry.
(2) Any person holding an inquiry under this section shall have all the powers of a Magistrate in holding an inquiry into an offence under the 5[Code of Criminal Procedure, 1973 (2 of 1974)] and may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for t
(1) The Central Government may, where it is of opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry of more formal character should be held into the causes of an accident such as is referred to in section 8, appoint the 8 [Chief Controller of Explosives] or any other competent person to hold such inquiry, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(2) Where the Central Government orders an inquiry under this section, it may also direct that any inquiry under section 9 pending at the time shall be discontinued.
(3) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnes
1) Whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules—
(a) manufactures, imports or exports any explosive shall be punishable with imprisonment for a term, which may extend to three years, or with fine which may extend to five thousand rupees, or with both;
(b) possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both; and
(c) in any other case, with fine which may extend to one thousand rupees.
(2) Whoever in contravention of a notification issued under section 6 manufactures, possesses or imports any explosive shall be punishable with impr
(1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, o
When a person is convicted of an offence punishable under this Act or the rules made under this Act, the court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.
Where the owner or master of any aircraft or vessel is adjudged under this Act to pay a fine for any offence committed with, or in relation to, that aircraft or vessel, the Court may, in addition to any power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of,—
(a) the aircraft and its furniture or so much of the furniture, or
(b) the vessel and the tackle, apparel and furniture of such vessel or so much of the tackle, apparel and furniture thereof, as is necessary for the payment of the fine.]
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1. Subs. by Act 32 of 1978, sec. 14, for section 11 (w.e.f. 2-3-1983).
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Whoever abets, within the meaning of the Indian Penal Code (45 of 1860), the commission of an offence punishable under this Act, or the rules made under this Act, attempts to Act, or commit any such offence and in such attempt does any act towards the commission of the same, shall be punished as if he had committed the offence.
Whoever is found committing any act for which he is punishable under this Act or the rules under this Act, and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, 1[aircraft or vessel], may be apprehended without a warrant by a police officer, or by the occupier of, or the agent or servant of, or other person authorised by the occupier of, that place, or by any agent or servant of, or other person authorised by, the railway administration or 2[conservator of the port or officer in charge of the airport], and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a Magistrate.
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1. Subs. by Act 32 of 1978, sec. 15, for “ship or boat” (w.e.f. 2-3-1983).
&nb
(1) Nothing in this Act, except sections 8, 9 and 9A shall apply to the manufacture, possession, use, transport or importation of any explosive—
(a) by any of the 2[Armed Forces of the Union, and Ordnance factories or other establishments of such Forces] in accordance with rules or regulations made by 3[***] the Central Government;
(b) by any person employed under 4[the Central Government or under a State Government] in execution of this Act.
(2) The Central Government may by notification in the Official Gazette exempt, absolutely or subject to any such conditions as it may think fit to impose, 5[any explosive and any person or class of persons from all or any of the provisions of this Act or the rules made thereunder].
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Nothing in this Act shall affect the provisions of the1[Arms Act, 1959 (54 of 1959)]:
Provided that an authority granting a licence under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the licence is granted, direct by an order written on the licence that it shall have the effect of a like licence granted under the said2[* * *] Arms Act.
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1. Substituted by Act 32 of 1978, section 17, for "Indian Arms Act, 1878 (11 of 1878)" w.e.f. 2-3-1983.
2. The word "Indian" omitted by Act 32 of 1978, section 17 w.e.f. 2-3-1983.
Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules:
Provided that a person shall not be punished twice for the same offence.
The Central Government may, from time to time, by notification in the Official Gazette, declare that any substance which appears to the Central Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term “explosive” in this Act.
Section 17 of the Explosives Act, 1884, is a crucial provision that pertains to licensing requirements for dealing with explosives, including storage, sale, and handling. It aims to regulate activities involving explosives to ensure safety and control over potentially dangerous substances.
Section 17 mandates that any person or entity engaged in the manufacture, possession, sale, transport, or use of explosives must obtain a license from the appropriate authority. The section specifies the procedure for applying for such licenses and the conditions under which they are granted or refused.
Note: The references are based on the provided sources, emphasizing the legal framework, procedural requirements, and enforcement related to Section 17 of the Explosives Act, 1884.
The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under sections 5, 6, 6A, 14 and 17 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by—
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to the State Government.]
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1. Ins. by Act 32 of 1978, sec. 18 (w.e.f. 2-3-1983).
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(1) An authority making rules under this Act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.
(2) The publication shall be made in such manner as the Central Government, from time to time, by notification in the Official Gazette prescribes1.
(3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.
(4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.
(5) A rule made under this Act shall not take effect 2[***] until it has been published in the Official Gazette 2[***].
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