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The explosives act, 1884

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S.7 Power to make rules conferring powers of inspection, search, seizure, detention and removal.

(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, 3[transported, imported or exported] under a license 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

S.8 Notice of accidents.

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*

S.9 Inquiry into accidents.

1[9. Inquiry into accidents.--(1) Where any accident such as is referred to in section 8 occurs in or about or in connection with 1[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

S.9A Inquiry into more serious accidents

1[9A. Inquiry into more serious accidents.--(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 or more formal character should be held into the causes of an accident such as is referred to in section 8, appoint the 1[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 Proce

S.9C Offences by companies.

1[9C. Offences by companies.--(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 t6 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 comp

S.10 Forfeiture of explosives.

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.



S.11 Distress of aircraft or vessel

1[11. Distress of aircraft or vessel.--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.]


S.12 Abetment and attempts.

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, or attempts to 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.



S.13 Power to arrest without warrant persons committing dangerous offences.

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 air port], and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a Magistrate.



S.14 Saving and power to exempt.

1[14. Saving and power to exempt.--(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

S.15 Saving of Arms Act, 1959.

Nothing in this Act shall affect the provisions of the 1[Arms Act, 1959 (4 of 1959)]:

Provided that an authority granting a license under th is Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said 2*** Arms (4 of 1959) Act, 1959.


S.16 Saving as to liability under other law.

Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted unde r 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.


S.17 Extension of definition of “explosive” to other explosive substances.

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.



S.17A Power to delegate

1[17A. Power to delegate.--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.]


S.18 Procedure for making, publication and confirmation of rules.

(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 th e Central Government, from time to time, by notification in the Official Gazette prescribes.
(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 da te so specified.
(5) A rule made under this Act shall not take effect 1*** until it has bee

S.9B Punishment for certain offences

1[9B. Punishment for certain offences.--(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 he 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

Legal Comments

S.4 Definitions.

1[4. Definitions.--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 balloons, 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 t

S.5 Power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export of explosives.

(1) The Central Government may, for any part of 1[India],2*** make rules consistent 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 manuf acture, possession, use, sale. 3[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 licenses may be granted;
(b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses:
(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***.
2* * 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 not less than six months, at any time during a period of five years after the expiration of the sentence, or

S.6B Grant of licences

1[6B. Grant of licences.--(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 license is required--
(

S.6C Refusal of licences.

1[6C. Refusal of licences.--(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 explosive; 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 explosi

S.6D Licensing authority competent to impose conditions in addition to prescribed conditions

1[6D. Licensing authority competent to impose conditions in addition to prescribed conditions.--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.]



S.6E Variation, suspension and revocation of licences.

1[6E. Variation, suspension and revocation of licences.--(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

S.6F Appeals

1[6F. Appeals.--(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 a

S.2 Commencement.

(1) This Act shall come into force on such day,1 as the Central Government, by notification in the Official Gazette, appoints.

2* * *

S.3 Repealed.

[Repeal of portions of Act 12 of 1875.] Rep. by the Indian Ports Act, 1889 (10 of 1889), s. 2 and the Second Schedule.



S.1 Short title

(1)This Act may be called the 1*** Explosives Act, 1884; and

(2)Local extent.--It extends to whole India 2**


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