Explosives Act, 1884
Whereas, it is expedient to regulate the manufacture, possession, use, sale, 3[transport and import and export] of explosives; it is hereby enacted as follows:
statement of objects and reasons to act 4 of 1884
Statement of Objects and Reasons to Act 4 of 1884. The object of this Bill is to provide a comprehensive law regulating the manufacture, keeping, sale, conveyance and importation of explosives throughout British India. The matter was first brought to the notice of the Government in connection with an application made by the agents of Nobel's Explosives Company Limited, for permission to import dynamite manufactured by the Company. The Government of Bombay, to whom the application was made, referred the question to a Committee, which reported that the expediency of allowing the importation into that Presidency of dynamite and other preparations of nitro-glycerine was doubtful. The Government of Bombay forwarded a copy of this report to the Government of India with a request that the importation of preparations of nitro-glycerine might be prohibited until further notice by a notification under the Sea Customs Act. Before complying with this request the Government of India thought it well to consult the Governments of Madras and Bengal. In reply, both Governments expressed an opinion that the importation of these explosives should not be forbidden. The Government of Bengal further submitted a draft set of rules to regulate the importation, package, transport and storage of dynamite and similar substances, together with a report which had been prepared by a Committee by the Lieutenant-Governor to consider the entire subject. This Committee, while recommending that the draft rules should be published as rules under the Indian Arms Act, 1878, suggested the enactment of a comprehensive Imperial Act of a similar nature to the English Explosives Act, 1875 (38 Vic., c 17), which would in a convenient and compendious Code deal with the subject of explosives in its entirety and furnish the public, as well as Government officials, with an easy means of ascertaining their duties, responsibilities and powers respecting articles which by their inflammable, explosive or dangerous nature imperil the public safety.
2. It appears to the Government of India that it would be an abuse of the powers conferred by the Indian Arms Act, 1878, to make rules of the nature of those submitted by the Bengal Committee under that Act. There are, no doubt, powers conferred by the Indian Arms Act which might, at first sight seem to authorise the making of such rules; but the object to which such rules are directed is altogether different from that of the Act. The object of the Arms Act was to enable the Government more effectually to prevent arms and ammunition which terms under Section 4 includes gun-cotton, dynamite, lithofracteur and other fulminating substances from getting into the hands of persons who would make a bad use of them. In other words, the main object of that Act was to restrict the possession of arms and ammunition. But the main object of the rules prepared by the Bengal Committee is not restrictive. Their object is to protect the public against the dangerous nature of the explosives to which they relate by regulating all dealings with those explosives. If they are restricted, it is only so far as is necessary to carry out their protective object. Under these circumstances, it appears to the Government that the proposed rules could not properly be published under the Indian Arms Act, 1878.
3. Nor does it appear that there is any other enactment, as the law at present stands, under which rules of the nature of those prepared by the Bengal Committee can be issued. Under the existing law, the only enactment relating to this subject are to be found in various fragmentary provisions dealing with gunpowder and fireworks only, which are in force in the Presidency towns and in certain municipalities and ports. It appears to the Government that it is unsatisfactory that the law should be in this state at a time when dynamite and other compounds of nitro-glycerine are rapidly taking the place of gunpowder in all works where blasting is necessary. Already these explosives have been used to a considerable extent in connection with various works undertaken both of the Government and by private enterprise throughout India; and it is only natural to suppose that, as their superiority to gunpowder becomes more widely known their use will increase.
4. Under these circumstances, the suggestion of the Committee that an Act drawn on the model of the English Explosives Act, 1875, and dealing comprehensively with the whole subject of explosives should be added to the Indian Statute-book, recommends itself to the Government of India, as being the only satisfactory method of treating the subject. Accordingly the present Bill has been prepared. It embodies such of the provisions of the English Act as are in the opinion of the Government necessary in this country. In addition to the omission from the Bill of certain provisions of the English Act, the Bill further differs from that Act in that, in accordance with the well-recognized principle of Indian legislation, it confers powers on the Local Governments to provide by means of rules, adapted to the varying local circumstances of the provinces under their administration, for many points for which there are specific provisions in the body of the English Act.
5. The Bill is divided into ten chapters.
Chapter I (Preliminary) contains the usual preliminary matter. Section 2 saves from the Act the manufacture, packing, sale, conveyance or importation of explosives by the Government, and Section 3 saves the provisions of the Indian Arms Act, 1878. Under Section 4, the Act will not come into force until after the publication of a notification by the Governor-General-in-Council; but, in order to prevent the inconvenience which would arise if the Act where brought into force before the notifications, rules, orders and appointments necessary for its efficient working had been made, sub-section (2) gives power to make these at any time after the passing of the Act, though they are not to take effect until the Act comes into force. By Section 5 and the schedule are repealed the enactments which at present deal with the subject-matter of the Bill, with the exception of the Indian Arms Act, 1878 and the provisions to be found in the Andaman and Nicobar Islands Regulations, 1876. The provisions of the former Act relating to explosives have been left unrepealed for the reasons which have led the Government of India to decide that the rules framed by the Bengal Committee cannot be passed under it, namely, because the objects of the Act and of the Bill are different. The provisions of the Andaman and Nicobar Islands Regulations, 1876, have not been repealed because, considering the peculiar nature of that settlement, it seems inconvenient to interfere with any of the rules which are at present contained in the Regulation. Though the proposed Act will extend to the Andamans, its provisions will be practically a dead-letter in those Islands.
6. Chapter II lays down the general law as to the manufacture and keeping of explosives, prescribing the places at which an explosive may be manufactured or kept. It is to be read subject to certain exceptions in the Supplemental Chapter (X).
7. Chapter III deals with the licensing and regulating of factories and magazines, and the registration and regulation of registered places, and confers powers on the Local Government to make rules on all necessary matters. A factory under the Act is a place licensed for the manufacture of an explosive; and a magazine is a place licensed for the keeping of an explosive; and a registered place is a place registered for the keeping of an explosive. Magazines differ from registered places in that the former are places devoted exclusively to the keeping of explosives and the receptacles for or tools or implements for work connected with the keeping of explosives, whilst the latter are places, e.g., general stores or shops, not devoted exclusively to the keeping of explosives but in which explosives may be kept. Sections 11 and 12 enact certain provisions in favour of the occupiers of magazines and registered places; the former section enabling the occupiers of magazines and registered places to make cartridges without taking out a factory licence, and the latter enabling the occupiers of magazines to adapt or prepare explosives for use in their own mines or quarries without any such licence. Section 15 imposes on the occupier of a factory or magazine the duty of making special rules for the regulation of the workmen in his factory or magazine.
8. Chapter IV relates to the sale of explosives. Section 16 prohibits explosives being hawked, sold or exposed for sale on highways or public place, Section 17 prohibits the sale of an explosive to a child under 13; and Section 18 prescribes the manner in which an explosive exposed for sale or sold is to be packed.
9. Chapter V treats of matters relating to the conveyance of explosives under Section 19, the Governor-General-in-Council may make rules as to the packing of explosives for conveyance. Under Section 20, the Local Government may make rules to regulate the conveyance, loading, unloading and keeping of explosives within a port; and Section 21 confers certain powers on the Conservator or other officer named in such rules in the event of their breach. Under Section 22, Railway administrations are directed to make rules for their own railways respectively. Under Section 23, the Governor-General-in-Council is empowered to make rules in any case in which rules under Section 20 or Section 22 do not apply. By Section 24 the authority making rules under Sections 20, 22 and 23 respectively is empowered to annex to a breach of any rule, or attempt to commit a breach of any rule, a penalty which may consist of a fine which may extend to two hundred rupees for each breach and to one hundred rupees for each day during which the breach continues, and of forfeiture of all or any part of the explosive in respect of which breach is committed.
10. Chapter VI regulates the importation of explosives other than gunpowder, cartridges made with gunpowder, percussion-caps, fireworks, and any prescribed explosive, and prohibits their importation except under a licence. The Governor-General-in-Council is given power (Section 26) to regulate all matters connected with the grant of such licences, and the officers of sea customs are given similar power (Section 27) with regard to these explosives as they have with regard to any article on the importation of which restrictions are for the time being imposed by the law relating to sea customs.
11. Chapter VII confers special powers on the Governor-General-in-Council to regulate or prohibit all dealings with any explosive which in the opinion of the Governor-General-in-Council is specially dangerous to the public safety; and the officers of sea customs are given like powers with regard to any such explosive as they are given under Section 27 with regard to the importation of the explosives referred to in Section 25.
12. Chapter VIII (Government supervision) first provides for matters relating to inspection. The Local Government is empowered (Section 29) to appoint Government Inspectors, and to make rules to assign and regulate their duties. Section 30 defines the general power of these officers as to entry, inspection, and examination of factories, magazines and registered places, and the taking of samples from the occupiers. Section 21 empowers the Government Inspector to require the occupier of any factory or magazine to remedy anything connected with his factory or magazine which is in the opinion of the Inspector unnecessarily dangerous or defective, and provides for a reference to the nearest Magistrate when the occupier objects to comply with the Inspector's requisition. Section 32 deals with inspection in ports and of ships, and Section 33 provides for the inspection of a wharf, carriage ship or boat on or in which an explosive is reasonably supposed by a Government Inspector or other officer to be for the purpose of or in course of conveyance.
The chapter secondly provides (Section 34) for the giving of notice of accidents arising from explosion or fire occurring in or about or in connection with any factory, magazine or registered place, or any carriage, ship or boat either conveying an explosive or on or from which an explosive is being loaded or unloaded, and (Section 35) for inquiry into the cause of such accident when necessary.
Thirdly, the chapter deals with power of search. It empowers (Section 36) Government Inspectors and officers authorised by the local Government to enter and search all places where they have reason to believe, that any offence has been or is being committed with respect to an explosive, or that any explosive is in contravention of the Act, or that the provisions of the Act are not duly observed. Such searches are to be made in accordance with the Code of Criminal Procedure, and when made by an officer other than a Government Inspector are to be reported by him to his official superior within 48 hours. Section 37 gives special power to Government Inspectors and other officers to stop carriages or boats in case of emergency.
Fourthly, the chapter treats of seizure and detention of explosives. Section 38 authorises the seizure and detention of any explosive liable to forfeiture, and Section 39 gives the local Government power to make rules to regulate such seizure and detention. Section 40 declares that the proceedings before a Magistrate with regard to any such seizure shall be commenced as soon as possible. Section 41 gives power to seize the receptacle in which the explosive was found, and Section 42 to use the ship, boat, carriage, etc., in which the explosive was seized.
Lastly, the chapter (Section 43) provides for the payment for samples of explosives taken by Government Inspectors or other officers under the Act.
13. Chapter IX deals with the penalties and legal proceedings
The penalties for breaches of the provisions of the Act and the rules under it are restricted to forfeitures and fines and the only instance in which the Act prescribes imprisonment as a punishment is (Section 53) that of resistance to a public officer.
14. With regard to legal proceedings Section 64 provides for the exemption of an occupier of a factory, magazine or registered place, and of a warehouseman, carrier or owner or master of a ship, boat, or carriage from penalty on proof of another being real offender. Under Section 65, a carrier or owner or master of a ship or boat is exempted from penalty when he is prevented from complying with the law by the act or default of the consignor or consignee of the explosive or some other person and the consignor or consignee or other person is convicted (as it is provided he may be) under the Act.
Section 66 confers a general power on magistrates, to order forfeiture in all cases in which explosives are liable to be forfeited, and provides that proceedings may be taken for the purpose only of inflicting a forfeiture. The same section empowers the Court to inflict an additional fine in lieu of forefeiture of the explosive; and Section 67 provides for levy of a fine imposed on the owner or master of a ship by distress of the ship.
15. Chapter X (Supplemental) provides for several miscellaneous matters. Section 68 empowers Municipal Committees to provide magazines for the use of the public; Section 69 enacts certain provisions in favour of the keeping and conveyance of percussion-caps, safety-fuses for blasting, fog-signals and prescribed explosives. Section 69 exempts railways administrations from the obligation to make rules with regard to such explosives, and empowers the Governor-General-in-Council to exempt such explosives altogether from the Act. By Section 70 the filling and conveying for private use, and not for sale, of safety-cartridges are excepted from the application of the Act, Section 71 exempts the owner or master of a ship and a carrier or warehouseman, or any person in charge of a carriage from punishment when an act is done by him in breach of the provisions of the Act in a case of emergency. Section 72 contains the usual provision saving liability to civil suit or prosecution under other laws. Section 73 deals with notice and limitation of proceedings, Section 74 empowers the Governor-General-in-Council to extend the definition of explosive to other explosive substances; and Sections 75 and 76 treat of general matters connected with the issue and publication of notifications and rules. Under Section 75, proposed rules must be published as drafts before they are finally made, and the authority that makes the rules is directed to receive and consider any criticisms or suggestions which may be made by persons interested.
statement of objects and reasons to act 32 of 1978
Statement of Objects and Reasons to Act 32 of 1978. (1) The Indian Explosives Act, 1884 was enacted nearly a century ago when there were no indigenous manufacturers of high explosives in this country and only a few simpler types of explosives were manufactured.
(2) After Independence many large and small companies began to manufacture high explosives. There was a general complaint from the industry that the Explosives Act, which was based on the old British pattern, was not adequate to meet the country's growing requirements and resulted in difficulties for the industry. With a view to removing the shortcomings in the Indian Explosives Act and to obviate the difficulties experienced by the industry, the Government appointed in 1966 a Committee on Explosives to suggest ways and means for removal of the difficulties experienced in the working of the Act. This Committee submitted its Report suggesting a number of amendments to the Indian Explosives Act. These recommendations have been accepted by the Government. The more important amongst these recommendations are
(a) enlargement of the definition of explosive to include therein some modern explosives;
(b) providing for variations of conditions of licences granted under the Act or for suspension and revocation of the licence, for appeals against the orders of the licensing authority; and
(c) empowering the Central Government to exempt any person or class of persons from the provisions of the Act or the rules made thereunder.
The main object of the Bill is to give effect to the recommendations of the Committee on Explosives.
(3) Opportunity is also being taken to insert a provision in the Act for the laying of rules made under the Act before the Parliament in accordance with the recommendations of the Committee on Subordinate Legislation.
Notes. The Explosives Act, 1884 is designed to control the manufacture, possession, use, sale, transportation and importation of explosives so as to prevent accidents. On the other hand, the Explosive Substances Act, 1908 seeks to control crimes arising out of the illegal use of explosives.
Section 1. Short title
Section 2. Commencement
Section 3.
3. [Repeal of portions of Act XII of 1875]. Rep. by Act X of 1889.
Notes. This Act has been declared, under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874) to be in force in the Districts of Hazaribagh, Lohardaga (now called the Ranchi District see Calcutta Gazette, 1899, Part I, p. 44), Palamau and Manbhum and in Pargana Dhalbhum and the Kolhan in the Singhbum District of the Chota Nagpur Division see Gazette of India, 1896, Part I, p. 972.
It has been applied to the Santhal Parganas under Section 3 of the Santhal Parganas Settlement Regulation (3 of 1872), as amended by the Santhal Parganas Laws Regulation, 1886 (3 of 1886), and by Section 3 of 1899.
It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been applied to Porahat Estate by Bihar Regulation 2 of 1946.
For the law relating to explosive substances, see also the Explosive Substances Act, 1908 (6 of 1908), infra.
Section 4. Definitions
11[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 thereof and includes
(a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or part; and
(b) an Additional District Magistrate;
(d) explosive means gunpowder, nitro-glycerine, nitroglycol, gun-cotton, di-nitro-toluene-tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, lead azide, lead styphynate, fulminate of mercury or any other metal diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause;
(e) export means taking out of India to a place outside India by land, sea or air;
(f) import means to bring into India from a place outside India by land, sea or air;
(g) master ,
(a) in relation to any vessel or aircraft means any person, other than a pilot, harbour master, assistant harbour master or berthing master, having for the time being the charge or control of such vessel or aircraft, as the case may be; and
(b) in relation to any boat belonging to a ship, means the master of that ship;
(h) manufacture in relation to an explosive includes the process of
(1) dividing the explosive into its component parts or otherwise breaking up or unmaking the explosive, or making fit for use any damaged explosive; and
(2) re-making, altering or reparing the explosive;
(i) prescribed means prescribed by rules made under this Act;
(j) vessel includes any ship, boat, sailing vessel, or other description of vessel used in navigation whether propelled by oars or otherwise and anything made for the conveyance, mainly by water, of human beings or of goods and a caisson.]
Section 5. Power to make rules as to licensing of the manufacture, possession, use, sale,
(1) The 13[Central Government] may for any port of 14[India], 15[* * *] 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 manufacture, possession, use, sale, 16[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 the other sums (if any) to be paid for expenses by applicants for licences;
(c) the manner in which applications for licences must be made, and the matters to be specified in such applications;
(d) the form in which, and the conditions on and subject to which, licences must be granted;
(e) the period for which licences are to remain in force;
17[(ee) the authority to which appeals may be preferred under Section 6-F, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded;
(eea) the total quantity of explosives that a licensee can purchase in a given period of time;
(eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives;]
(f) the exemption absolutely or subject to conditions of any explosives 18[or any person or class of persons] from the operation of the rules.
(3) 19[* * *]
For notes on sub-section (3) of Section 5 as it stood prior to its omission by Act 32 of 1978, see under Section 9-B infra.
No. S. & P. II-Exp. 102(44)(ii) 51, dated 8th September, 1954. In exercise of the powers conferred by Sections 5 and 7 of the Indian Explosives Act, 1884 (4 of 1884), as applied by the notification of the Government of Assam No. TAD/L/4/51, dated the 27th January, 1953, to those areas of the United Khasi-Jaintia Hills District which were known as the Khasi States immediately before the commencement of the Constitution of India, the Central Government hereby makes the following rules the same having been previously published as required by Section 18 of the said Act, namely:
The Explosives Rules, 1940 shall extend to and have effect in so much of the areas of the United Khasi-Jaintia Hills District as were known as the Khasi State immediately before the commencement of the Constitution:
Provided that the said rules in their application to the said areas shall be subject to the same exceptions and modifications as they are subject to in the rest of the areas of the said United Khasi-Jaintia Hills District.
20[5-A. Persons already in business in respect of certain explosives to carry on such business without licences for a certain period. Notwithstanding anything in Section 5 or in the rules made thereunder where, immediately before the commencement of the Indian Explosives (Amendment) Act, 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.]
Section 6. Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives
(1) Notwithstanding anything in the rules under the last foregoing section, the 21[Central Government] may, from time to time, by notification in the 22[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 23[Central Government], it is expedient for the public safety to issue the notification; [* * *]24
[* * *]25
26[(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 and the vessel, carriage or aircraft containing such article.]
(3) 27[* * *]
Note. Contravention of Section 6 is punishable under Section 9-B(2).
G.S.R. 64(E), dated 27-1-1992. In exercise of the powers conferred by Section 6 of the Indian Explosives Act, 1884 (4 of 1884), and in supersession of the notification of the Government of India, Ministry of Works, Housing & Urban Development No. 3/12/65-PII (IX), dated 1-4-1966, the Central Government is pleased to prohibit the manufacture, possession and importation of any explosive consisting of or containing sulphur or sulphurate in admixture with chlorate of potassium or any other chlorate:
Provided that this prohibition shall not extend to the manufacture or possession of such explosives:
(a) in small quantities for scientific purposes;
(b) for the purpose of manufacturing heads of matches;
(c) for use in toy amorces (paper caps for toy pistols); or
(d) in percussion-caps for use in Railway Fog Signals.
G.S.R. 59(E), dated January 21, 2004 as amended by G.S.R. 530(E), dated August 20, 2004. Whereas the Central Government is of the opinion that the explosive, namely, nitroglycerine or such other substance whether a single chemical compound or a mixture of the said explosive (explosive of Class 3 Division 1) if of a dangerous character;
And whereas, it is expedient for the security concerns and the public safety to prohibit the possession of nitroglycerine-based explosives (explosive of Class 3 Division 1);
Now, therefore, in exercise of the powers conferred by clause (a) of sub-section (1) of Section 6 of the Explosives Act, 1884 (4 of 1884), the Central Government hereby prohibits the possession, sale and use of the said explosives throughout the country with effect from the 1st day of December, 2004.
28[6-A. 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
(iv) whose licence under this Act has been cancelled, whether before or after the commencement of the Indian Explosives (Amendment) Act, 1978, for contravention of the provisions of this Act or of the rules made thereunder, at any time during a period of five years from the date of cancellation of such licence,
shall,
(1) manufacture, sell, transport, import or export any explosive, or
(2) possess any such explosive as the Central Government may, having regard to the nature thereof, by notification in the Official Gazette, specify;
(b) no person shall sell, deliver or despatch any explosive to a person whom he knows or has reason to believe at the time of such sale, delivery or despatch,
(i) to be prohibited under clause (a) to manufacture, sell, transport, import, export or possess such explosive, or
(ii) to be of unsound mind.
6-B. 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 licence is required
(i) possesses technical know-how and experience in the manufacture of explosives; or
(ii) has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience; or
(b) where it is required for any other purpose, if the licensing authority is satisfied that the person by whom licence is required has a good reason for obtaining the same.
6-C. Refusal of licences. (1) Notwithstanding anything contained in Section 6-B, 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 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 safety to refuse to grant such licence
(2) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of opinion that it will not be in the public interest to furnish such statement.
6-D. Licensing authority competent to impose conditions in addition to prescribed conditions. A licence granted under Section 6-B may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.
6-E. 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 is 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 is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for the licence; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) Where the licensing authority makes an order varying the conditions of a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
(6) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke a licence:
Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.
(7) An order of suspension or revocation under sub-section (6) may also be made by an appellate court or by the High Court when exercising its powers of revision.
(8) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any licensing authority to suspend or revoke, all or any licences granted under this Act throughout India or any part thereof.
(9) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.
6-F. 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 appellate authority that he had sufficient cause for not preferring the appeal within that period.
(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder.
(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.
(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed:
Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.
(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.]
Note. By Section 5(2)(ee) the Central Government has been authorised to make rules in respect of the authority to which appeals may be preferred, the procedure to be followed by such authority and the period within which appeal is to be preferred, the fees to be paid and the circumstances under which such fees may be refunded.
Section 7. Power to make rules conferring powers of inspection, search, seizure, detention and removal
(1) The 29[Central Government] [* * *]30 may make rules consistent with the Act authorising any officer, either by name or in virtue of his office
(a) to enter, inspect and examine any place, 31[aircraft], carriage or vessel in which an explosive is being manufactured, possessed, used, sold, 32[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, 33[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 take samples of any explosive found therein on payment of the value thereof; and
34[(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also destroy such explosive or ingredient].
(2) The provisions of the 35[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorized by rules under this section.
Section 8. Notice of accidents
36[(1)] Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any 37[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 the master of the 38[aircraft or] vessel or the person in charge of the carriage, as the case may be, shall 39[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 40[Chief Controller of Explosives] and] to the officer in charge of the nearest police station.
(2) 41[* * *]
Section 9. Inquiry into accidents
42[(1) Where any accident such as is referred to in Section 8 occurs in or about or in connection with any place, 43[aircraft,] carriage or vessel under the control of any of 44[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 45[* * *]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 46[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 the purposes of the inquiry.
(3) The person holding an inquiry under this section shall make a report to the Central Government stating the causes of the accident and its circumstances.
(4) The Central Government may make rules
(a) to regulate the procedure at inquiries under this section;
(b) to enable the 47[Chief Controller of Explosives] to be present or represented at any such inquiry;
(c) to permit the 48[Chief Controller of Explosives] or his representative to examine any witness at the inquiry;
(d) to provide that where the 49[Chief Controller of Explosives] is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him;
(e) to prescribe the manner in which and the time within which notice referred to in Section 8 shall be given.
9-A. Inquiry into more serious accidents. (1) The Central Government may, where it is of opinion, whether or not it has received the report on an inquiry under Section 9, that an inquiry of more formal character should be held into causes of an accident such as is referred to in Section 8, appoint the 50[Chief Controller of Explosives] or any other competent person to hold such enquiry, 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 (V of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound so to do within the meaning of Section 176 of the Indian Penal Code (XLV of 1860).
(4) Any person holding an inquiry under this section 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 purposes of the inquiry.
(5) The person holding an inquiry under this section shall make a report to the Central Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make; and the Central Government shall cause every report so made to be published at such time and in such manner as it may think fit.
(6) The Central Government may make rules for regulating the procedure at inquires under this section.]
51[9-B. 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 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 imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both; and in the case of importation by water, the owner and master of the vessel or in the case of importation by air, the owner and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to five thousand rupees.
(3) Whoever,
(a) manufactures, sells, transports, imports, exports or possesses any explosive in contravention of the provisions of clause (a) of Section 6-A; or
(b) sells, delivers or despatches any explosive in contravention of the provisions of clause (b) of that section,
shall be punishable with imprisonment for a term which may extend to three years or with fine or with both; or
(c) in contravention of the provisions of Section 8 fails to give notice of any accident shall be punishable,
(i) with fine which may extend to five hundred rupees, or
(ii) if the accident is attended by loss of human life, with imprisonment for a term which may extend to three months or fine or with both.
| 1. 2. 3. 4. 5. 6. 7. |
Scope and applicability Validity Mens rea Manufacturing explosives Burden of proof Breach of condition of licence Offence falling under Explosives Act and Explosive Substances Act |
8. 9. 10. 11. |
Sentence Sale of patakhas No licence necessary Whether master liable for servant's act Temporary residence in house containing explosives |
Notes. Section 5(3) which provided for punishment for contravention of provisions of Section 5 has been omitted by Act 32 of 1978. Case-law under that sub-section is therefore given here.
9-C. 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 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, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purposes of this section,
(a) company means any body corporate, and includes a firm or other association of individuals; and
(b) director , in relation to a firm, means a partner in the firm.]
Section 10. Forfeiture of Explosives
When a person is convicted of an offene punishable under this Act, or the rules made under this Act, the Court before which he is convicted may direct that 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.
Section 11. Distress of aircraft or vessel
77[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.]
Section 12. Abetment and attempts
Whoever abets, within the meaning of the Indian Penal Code (XLV 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.
Section 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, 78[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 authorized by the railway administration or 79[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.
Section 14. Saving and power to exempt
80[(1) Nothing in this Act, except Sections 8, 9 and 9-A, shall apply to the manufacture, possession, use, transport or importation of any explosive
(a) by any of 81[Armed Forces of the Union, and Ordnance Factories or other establishments of such Forces] in accordance with rules or regulations made by 82[* * *]the Central Government;
(b) by any person employed under 83[the Central Government] or under a 84[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, 85[any explosive and any person or class of persons from all or any of the provisions of this Act or the rules made thereunder].
G.S.R. 687(E), dated September 27, 1984. In exercise of the powers conferred by sub-section (2) of the Section 14 of the Explosives Act, 1884, the Central Government hereby exempts from the provisions of sub-rule (1) of Rule 135, Rule 137 and Condition 1 of the Licence in Form 24, of the Explosives Rules, 1983, the explosives of Class 7 Fireworks, Division 2 and any person or class of persons desiring to possess and sell the said explosives at a temporary shed under a licence to be issued in Form 24 of the Explosives Rules, 1983, by the District Authority subject to the following conditions, namely:
1. The fireworks shall be kept in a shed made of non-flammable material which is closed and secured so as to prevent unauthorised persons having access thereto.
2. The sheds for possession and sale of fireworks shall be at a distance of at least 3 metres from each other and 50 metres from any protected works.
3. The sheds shall not be facing each other.
4. No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light, if used, shall be fixed to the wall or ceiling and should not be suspended by flexible wire. Switches should be fixed rigidly near the ceiling and a master switch should be provided for each row of sheds.
5. Display of fireworks shall not be allowed within 50 metres of any shed.
G.S.R. 565(E), dated August 20, 1993. In exercise of the powers conferred by sub-section (2) of Section 14 of the Explosives Act, 1884 (4 of 1884), the Central Government hereby exempts the Chief Controller of Explosives, Nagpur from the provisions of Rules 32 and 113 of the Explosives Rules, 1983, for transport, storage and use of authorised explosives for their testing station at Gondkheri, District Nagpur, Maharashtra State subject to the following conditions, namely:
1. The explosives possessed at a time shall not exceed
| Class 1 |
100 kg. |
| Class 2 or Class 3 or |
400 kg. |
| Class 2 and Class 3 |
|
| Class 6, Division 1 |
10,000 metres |
| Class 6, Division 2 |
10,000 metres |
| Class 6, Division 3 |
12,500 Nos. |
(Electric or Ordinary or Electric and Ordinary),
2. The explosives shall be stored in magazines constructed as per requirements of the Explosives Rules, 1983.
3. Relevant provisions of the Explosives Rules, 1983 relating to possession, transport and use of such explosives are strictly observed.
G.S.R. 639(E), dated October 6, 1993. In exercise of the powers conferred by sub-section (2) of Section 14 of the Indian Explosives Act, 1884, the Central Government hereby exempts M/s Narmada Chematur Petrochemicals Ltd., from the operation of the provision of sub-rule (1) of Rule 87 and sub-rule (1) of Rule 113 of the Explosives Rules, 1983, for manufacture and handling of DNT (Di-Nitro Toluene), an explosive of Class 3, Division 2, subject to the following conditions, viz.:
1. DNT shall be manufactured in the factory to be established at Bharuch (Gujarat) by M/s Narmada Chematur Petrochemicals Ltd., a joint venture company of Gujarat Narmada Valley Fertilizers Ltd., in association with Chematur Engg., AB-Sweden and IBI Chematur, Bombay, as an intermediate product only. The DNT produced by nitration of toluene shall by fully consumed in the hydrogenation unit for manufacture of Meta Toluene Di-amines (MTD).
2. DNT shall be kept in liquid form at elevated temperature of around 70oC in admixture with adequate quantity of water, till it is separated and pumped to the hydrogenation plant.
3. The separator and the pump unit shall not contain more than 100 kg. of pure DNT. The building housing these units shall conform to specified safety clearance and shall be constructed and traversed as prescribed by the Chief Controller of Explosives, as per the provisions of the Explosives Rules, 1983.
4. Only qualified and competent persons shall conduct and supervise operation involving manufacture and handling of DNT.
5. Every person in charge of or engaged in the manufacture and handling of DNT shall at all times take due precautions for the prevention of accidents by fire or explosion and for preventing unauthorised persons from having access to the premises meant for handling of DNT.
6. Free access to the factory premises shall be given at all times to any inspecting officer authorised by the Chief Controller of Explosives for ascertaining that the provisions of the Act, rules and the conditions of this notification are being duly observed.
G.S.R. 898(E), dated November 27, 1992. In exercise of the powers conferred under sub-section (2) of Section 14 of the Explosives Act, 1984 (4 of 1984), the Central Government hereby exempts any person from the operation of the provisions of sub-rule (1) of Rule 87 and sub-rule (1) of Rule 113 of the Explosives Rules, 1983 for manufacture, possession and sale of Colour/Star Matches, an explosive of Class 7 Fireworks, Division 2, subject to the following conditions namely:
CONDITIONS
1. The manufacture of Colour/Star Matches shall be done in a factory approved by the Chief Controller of Explosives.
Any person desiring to manufacture Colour/Star matches shall submit to the Chief Controller of Explosives, an application, plans of the proposed building and site drawn to scale, description of process/work to be carried out, detailed process of manufacture and prescribed scrutiny fee.
2.(a) The Colour/Star matches shall be manufactured in one or more lightly constructed single-storeyed building(s) which may be divided into rooms. The quantity of Colour/Star matches or its ingredients in the manufacturing rooms and bonded storage room shall not exceed the following:
| Sl. No. |
Room |
Quantity in kg. |
||
| For manufacture of 100 kg. at a time |
For manufacture of 200 kg. at a time |
For manufacture of 500 kg. at a time |
||
| 1. |
Mixing |
20 |
40 |
100 |
| 2. |
Drying dipped splints |
20 |
40 |
100 |
| 3. |
Dipping |
20 |
40 |
100 |
| 4. |
Box filling |
10 |
20 |
50 |
| 5. |
Painting/side painting |
10 |
20 |
50 |
| 6. |
Band rolling |
10 |
20 |
50 |
| 7. |
Packing |
10 |
20 |
50 |
| 8. |
Bonded storage |
200 |
500 |
2000 |
(b) Not more than four persons shall be allowed at any time in any of the manufacturing rooms, namely Mixing, Drying and Dipping rooms.
(c) Doors of all the rooms shall open outwards.
(d) A clear space of 6 m, 9 m or 15 m for the manufacturing capacity of 100 kg., 200 kg. or 500 kg., respectively shall be maintained all round the factory building. A 2 m high barbed wire fencing or wall of adequate strength shall be provided along the perimeter of this safety zone.
(e) The manufacturing and storage rooms shall have adequate space to accommodate comfortably the prescribed quantity of explosives and the number of persons.
3.(a) The explosive mixture on each stick shall not exceed 0.8 gm. in case of colour and 1.0 gm. in case of star match.
(b) The side painting on each box shall have a clearance of at least 2 mm. from the edges.
4.(a) Ingredients shall be kept adequately separated until their mixing. Potassium Chlorate shall be kept in a separate room away from the other ingredient storages.
(b) Mixing of the ingredients shall be done under solvent or water. Any electrical grinder used for mixing shall have flameproof/dust tight motor and accessories as the case may be.
(c) The dipped splinter frames shall be dried racks not exceeding 1.8 m in height and the number of such racks in the drying room shall not exceed 10 in number. Each rack shall hold a maximum of 10 frames placed in the alternate grooves.
(d) The matches shall not be accumulated unpacked and shall be packed as soon as they are dried.
(e) The manufacture shall be done only between sunrise and sunset.
(f) No loose explosives composition shall be left in the factory at the close of the working day. All such material shall be carefully collected and destroyed as per the procedure laid down at the close of the day.
5.(a) The interior of the manufacturing rooms and the fittings therein, other than machinery, shall be so constructed, lined or covered as to prevent exposure of any iron or steel or detaching of any grit, iron or similar substance in such manner as to come in contact with any explosives. The interior including the floor of the rooms shall be kept clean and free from grit.
(b) No tools, implements, balance, weights, receptacles, etc. made of iron or steel shall be brought or kept at any time in the licensed premises.
(c) No stone implements such as mortars, pestles, grinders, etc. shall be used for grinding, mixing or pounding of match composition.
6.(a) All due precautions shall be taken during drying of the matchsticks and in handling dried matches. No smoking, fire or naked light shall be allowed in the premises.
(b) Adequate provisions of water shall be made in the premises for fire fighting purpose.
7.(a) If the Controller of Explosives calls upon the manufacturer of Colour/Star Matches by notice in writing to execute any repairs or to make any alterations to the factory premises, which are in the opinion of such authority necessary for the safety of the premises or of the persons working in the factory, the manufacturer shall execute the repairs, alterations within the period.
(b) No change in the manufacturing process and no addition/alteration in the premises shall be carried out without permission from the Controller of Explosives.
8.(a) No person shall commit or attempt to commit any act which may tend to cause fire or explosion in or about any place where Colour/Star Matches are manufactured, stored, handled or transported:
Provided that nothing in this connection shall apply to any act which is reasonably necessary for the purpose of manufacture, storage or handling during transport of any such matches or of any article present therewith.
(b) Every person in charge of or engaged in the manufacture, sale, transport or handling of Colour/Star Matches shall at all times:
(a) Observe all the precautions for the provision of accidents by fire or explosion;
(b) prevent unauthorised persons from having access to the body composition and head composition;
(c) prevent any other person from committing any such act as is prohibited under sub-condition (a) above.
9. The manufacture of Colour/Star matches shall be done under the supervision of qualified and competent person.
10. Free access to the factory premises shall be given at all times to any authorised inspecting or sampling officer and all facilities shall be offered to such officer for ascertaining that the provisions of the Act, rules or the conditions of this Notification are duly observed.
11. Accidents by fire or explosion shall be reported without delay to the Controller of Explosives and to the officer in charge of the nearest police station.
12. If the factory is used for manufacture of safety matches as well, such manufacture shall be completely discontinued and the premises freed of safety match and its ingredients before taking up manufacture of Colour/Star matches. The Controller of Explosives in whose jurisdiction the factory is situated shall be intimated before commencing manufacture of Colour/Star matches and on its completion. After completion of manufacture and before resuming manufacture of safety match, the premises shall be made free of all compositions used in the manufacture of Colour/Star Match.
13. No person under 18 years of age and no person who is in a state of intoxication or of unsound mind shall be employed in our allowed to enter the factory.
14. The Colour/Star Matches shall not be stored, handled or transported along with other items of fireworks, safety matches, flammable or hazardous materials.
S.O. 149(E), dated February 21, 2000. In exercise of the powers conferred by sub-section (2) of Section 14 of the Explosives Act, 1884 (4 of 1884), the Central Government hereby exempts M/s HLS India Limited, New Delhi from observance of sub-rule (2) of Rule 31 of the Explosives Rules, 1983 (hereinafter referred to as the said rules), for import of the following explosives from M/s Halliburton Energy Services, 3000, North Sam Houston, PKWY East, Houston, Texas, United States of America at New Delhi airport, namely:
| Sl. No. |
Name of the explosive |
U.N. Number |
Class |
Net weight (in kilograms) |
| 1. |
Charges, shaped |
0441 |
1.4 S |
453.6 |
| 2. |
Cord, Detonating |
0289 |
1.4 D |
7.0 |
2. The explosives mentioned in Paragraph 1 shall be imported subject to the following conditions, namely:
(1) necessary clearances are obtained from the Director-General of Civil Aviation and the International Airports Authority of India and conditions, if any, imposed by these two authorities shall be strictly complied with;
(2) explosives conforming only to Division 1.4 of the classification given in Section 3 of the International Air Transport Association Dangerous Goods Regulations, 1996 shall be imported;
(3) relevant provisions relating to the possession, transport, use and import of explosives, as contained in the said rules, except sub-rule (2) of Rule 31, shall be strictly complied with;
(4) adequate number of explosives vans, licensed under the said rules, shall be kept ready at the airport so that the explosives may be removed expeditiously from the aircraft after its landing;
(5) aircraft shall be parked at a remote place at the airport and an area of at least five hundred square metres around the aircraft and explosives van shall be cordoned off by providing adequate number of security guards in consultation with the Director-General of Civil Aviation before the transfer of explosives from aircraft to van is started. The arrangement shall continue till such transfer is completed and the van, duly locked, leaves the site;
(6) no smoking or use of naked light shall be permitted within the cordoned area; and
(7) vans carrying the explosives shall proceed to the storage magazines licensed under the said rules and no undue delay shall be made on the way and all provisions of the said rules and local traffic rules and municipal regulations shall be complied with during the transportation of the explosives.
Section 15. Savings of Indian Arms Act, 1878
Nothing in this Act shall affect the provisions of the 86[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 said 87[* * *] Arms Act.
Section 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 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.
Section 17. Extension of definition of explosive to other explosive substances
The 88[Central Government] may, from time to time, by notification in the 89[Official Gazette,] declare that any substance which appears to 90[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.
No. M-1217, dated 20th November, 1926. In exercise of the powers conferred by Section 17 of the Indian Explosives Act, 1884 (4 of 1884), and in supersession of the Commerce and Industry Department Notification No. 12455, dated the 20th October, 1917, the Governor-General in Council is pleased to declare that picric acid, picrates and mixtures of picric acid shall be deemed to be explosives with the meaning of the said Act, subject to the following exceptions, namely:
(a) Picric acid or a picrate when mixed with not less than one half its own weight of water shall not be deemed to be an explosive.
(b) picric acid when thoroughly mixed with not less than three times its own weight of
(i) anhydrous sulphate of soda, or
(ii) crystallized sulphate of soda, and packed in hermetically closed packages, or
(iii) potash alum,
shall not be deemed to be an explosive.
(c) Picric acid when the quantity does not exceed 1 oz. shall not be deemed to be an explosive, provided that
(i) such picric acid is so kept and conveyed as not to be liable whether under the action of fire or otherwise, to come in contact with any substance specified in the annexed Schedule, or with any fire or light capable of igniting such picric acid;
(ii) such picric acid when dry is contained in a packet from which the contents cannot escape; and in the construction of which no metal other than aluminium or an alloy containing not less than 90 per cent of aluminium is used;
(iii) each package is legibly marked Picric acid ;
(iv) if the picric acid is contained in glass bottles, the stoppers shall not be of glass.
SCHEDULE
Any of the following metals or metallic oxides, namely, lead, oxide of lead, oxide of iron, potash, baryta, lime, soda, oxide of zinc, oxide of copper; and any compound of such metal or oxide (other than a metallic sulphate); or any chlorate, nitrate, or other oxidising agent; or any other substance declared by the Governor-General in Council to be capable of forming with picric acid a dangerous compound:
Provided that this Schedule shall not be deemed to include any metal or oxide unavoidably formed on any metal, used in the construction of any ship, boat or carriage, or contained in any paint, where the packages containing picric acid are protected from direct contact with such metal or paint.
No. M-1217(2), dated 9th May, 1928. In exercise of the powers conferred by Section 17 of the Indian Explosives Act, 1884 (4 of 1884), the Governor-General in Council is pleased to declare that Di-nitro-phenol, Di-nitro-phenolates and mixtures of Di-nitro-phenol with any other substances shall be deemed to be explosives within the meaning of the said Act, subject to the following exceptions, namely:
(a) Di-nitro-phenol during the process of manufacture, if mixed with moisture in the proportion of 85 parts by weight of di-nitro-phenol to not less than 15 parts by weight of moisture shall not be deemed to be an explosive.
(b) Di-nitro-phenol if mixed with water in the proportion of 85 parts by weight of di-nitro-phenol to not less than 15 parts by weight of water and contained in watertight packages shall not be deemed to be an explosive.
(c) Di-nitro-phenol containing less than 15 parts by weight of water and not exceeding 5 lbs. in quantity if contained in packages from which it cannot escape and in the construction of which, with the exception of nails, screws or other devices necessary for securing the packages, no metal other than aluminium or an alloy containing not less than 90 per cent of aluminium is used, shall not be deemed to be an explosive:
Provided that the foregoing exceptions shall not apply unless:
(i) the Di-nitro-phenol is so kept and conveyed as not to be liable whether under the action of fire or otherwise, to come in contact with any substance specified in the annexed Schedule or with any fire or light capable of igniting such Di-nitro-phenol; and
(ii) each package is legibly marked Di-nitro-phenol .
(d) Di-nitro-phenolate when mixed with not less than half its own weight of water and kept or conveyed in watertight packages shall not be deemed to be an explosive.
(e) Di-nitro-phenol when thoroughly mixed with not less than three times its own weight of
(i) anhydrous sulphate of soda, or
(ii) crystallized sulphate of soda, and packed in hermetically closed packages, or
(iii) potash alum,
shall not be deemed to be an explosive, provided that each package is legibly marked with name of the substance.
SCHEDULE
Any of the following metals or metallic oxides, namely, lead, oxide of lead, oxide of iron, potash, baryta, lime, soda, oxide of zinc, oxide of copper and any compound of such metal or oxide (other than a metallic sulphate), any chlorate, nitrate, or other oxidising agent, or any other substance declared by the Governor-General in Council to be capable of forming with Di-nitro-phenol a dangerous compound:
Provided that this Schedule shall not be deemed to include any metal, or oxide unavoidably formed or any metal, used in the construction of any ship, boat or carriage, or contained in any paint, where the packages containing Di-nitro-phenol are protected from direct contact with such metal or paint.
91[17-A. Power to delegate. The Central Government may, by notification in the Official Gazette, direct that any power to function which may be exercised or performed by it under this Act other than the power under Sections 5, 6, 6-A, 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.]
No. M-1272(1), dated 28th September, 1938. In exercise of the powers conferred by Section 17 of the Indian Explosives Act, 1884 (4 of 1884), the Central Government is pleased to declare that any gas when compressed in any metal container whether such gas when so compressed be in 92[the gaseous, liquefied or dissolved state] shall be deemed to be an explosive within the meaning of the said Act:
93[* * *]
Section 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 the 94[Central Government], from time to time, by notification in the 95[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 date so specified.
(5) A rule made under this Act shall not take effect 96[* * *] until it has been published in the 97[Official Gazette] 98[* * *].
(6) The publication in the 99[Official Gazette] of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and if it requires sanction, that it has been duly sanctioned.
(7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.
100[(8) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
No. M-1217, dated 13-7-1927. In pursuance of sub-section (2) of Section 18 of the Indian Explosives Act, 1884 (4 of 1884), and in supersession of the notification of the Government of India, in the Home Department No. 1964, dated the 2nd September, 1887, the Governor-General in Council is pleased to prescribe that drafts of rules proposed to be made under the said Act shall be published:
(a) when the authority making the rules is a Local Government, in one issue of the local Official Gazette in English and in such other language or languages as the Local Government may direct; and
(b) when the authority making the rules is the Governor-General in Council, in one issue of the Gazette of India, in English.
1. Word Indian omitted by Act 32 of 1978 (w.e.f. 2-3-1983).
2. Subs. by Act 32 of 1978, S. 2 (w.e.f. 2-3-1983).
3. Subs. for transport and importation by Act 32 of 1978, S. 2.
4. Omitted by Act 32 of 1978, S. 3 (w.e.f. 2-3-1983).
5. Subs. by the A.O. 1950 for all the Provinces of India .
6. The words except Part B States were omitted by Act 3 of 1951, S. 3 and Sch. (w.e.f. 1st April, 1951).
7. The 1st July, 1887 see Gazette of India, 1887, Part I, p. 307. Act came into force in the State of Sikkim w.e.f. 7-11-1992 vide Noti. No. S.O. 823(E), dt. 7-11-1992.
8. Subs. by the A.O. 1937 for Governor-General-in-Council .
9. Subs. by ibid., for Gazette of India .
10. Sub-section (2) was repealed by Act 12 of 1891.
11. Subs. by Act 32 of 1978, S. 4 (w.e.f. 2-3-1983).
12. Subs. by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983).
13. Subs. by the A.O. 1937 for Governor-General-in-Council .
14. Subs. by Act III of 1951 (w.e.f. 1st April, 1951) for the States .
15. The words and each Local Government, with the previous sanction of the Governor-General-in-Council, may for any part for the territories under its administration were omitted by A.O. 1937.
16. Subs. by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983).
17. Ins. by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983).
18. Ins. by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983).
19. Omitted by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983). Prior to omission it read as: (3) Any person contravening the rules made under this section shall be punishable, (a) if he imports or manufactures any explosive in such contravention, 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) if he possesses, uses, sells or transports any explosive in such contravention, 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.
20. Ins. by Act 32 of 1978, S. 6 (w.e.f. 2-3-1983).
21. Subs. by the A.O. 1937.
22. Subs. by ibid., for Gazette of India .
23. Subs. by the A.O. 1937.
24. The words and and clause (b) were rep. by Act 10 of 1914.
25. The words and and clause (b) were rep. by Act 10 of 1914.
26. Subs. by Act 32 of 1978, S. 7 (w.e.f. 2-3-1983).
27. Omitted by Act 32 of 1978, S. 7 (w.e.f. 2-3-1983).
28. Ss. 6-A to 6-F inserted by Act 32 of 1978, S. 8 (w.e.f. 2-3-1983).
29. Subs. by the A.O. 1937 for Governor-General-in-Council .
30. The words or the Local Government with the previous sanction of the Governor-General-in-Council were rep., ibid.
31. Ins. by Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
32. Subs. by Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
33. Subs. by the Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
34. Subs. by the Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
35. Subs. by the Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
36. Section 8 was renumbered as sub-section (1) of that section by Section 2 of Ordinance 18 of 1945.
37. Ins. by Act 32 of 1978, S. 10 (w.e.f. 2-3-1983).
38. Ins. by Act 32 of 1978, S. 10 (w.e.f. 2-3-1983).
39. Subs. by Section 2 of Ordinance 18 of 1945 for forthwith give notice thereof .
40. Subs. by Act 32 of 1978, S. 10 (w.e.f. 2-3-1983).
41. Omitted by Act 32 of 1978, S. 10 (w.e.f. 2-3-1983).
42. Subs. by Section 3 of Ordinance 18 of 1945 for the former Section 9.
43. Ins. by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
44. Subs. by Act 32 of 1978, S. 9 (w.e.f. 2-3-1983).
45. Omitted by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
46. Subs. by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
47 Subs. by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
48. Subs. by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
49. Subs. by Act 32 of 1978, S. 11 (w.e.f. 2-3-1983).
50. Subs. by Act 32 of 1978, S. 12 (w.e.f. 2-3-1983).
51. Ss. 9-B and 9-C inserted by Act 32 of 1978, S. 13 (w.e.f. 2-3-1983).
52. Mohd. Usman v. State of Bihar, AIR 1968 SC 1273 at 1274-1275 : 1968 Cri LJ 1475.
53. In re Sundra Nadar, 1953 Cri LJ 333 (Mad).
54. Allahnoor v. District Magistrate, AIR 1956 Raj 153.
55. State of Gujarat v. Acharya D. Pandey, (1970) 3 SCC 183 : 1971 SCC (Cri) 1. See also Inder Sain v. State of Punjab, (1973) 2 SCC 372 : 1973 SCC (Cri) 813.
56. AIR 1951 SC 204.
57. AIR 1965 SC 722.
58. (1937) 53 TLR 310 : (1937) 1 All ER 349.
59. (1946) 62 TLR 462 : 175 LT 306.
60. Sebastian v. State of Kerala, (1962) 2 Cri LJ 435.
61. AIR 1954 Bom 70.
62. AIR 1958 Bom 103.
63. Sebastian v. State of Kerala, (1962) 2 Cri LJ 435.
64. State v. Ismail Shakur, AIR 1958 Bom 103.
65. State v. Ismail Shakur, AIR 1958 Bom 147 : 1958 Cri LJ 489.
66. Polaki Chidambaram v. Emperor, 31 Cri LJ 851.
67. (1957) 1 Andh WR 231 : 1970 Raj LW 396.
68. Ram Chander Singh v. State, (1961) 2 Cri LJ 391.
69. Sebastian v. State of Kerala, (1962) 2 Cri LJ 435; State v. Ismail Shakur, AIR 1958 Bom 103; Emperor v. Mahadevappa, AIR 1927 Bom 209.
70. Ram Chander v. State, (1961) 2 Cri LJ 391.
71. Emperor v. Bansidhar, 11 Cri LJ 287.
72. Pritamdas Chellaram v. Emperor, 34 Cri LJ 1046 : AIR 1933 Sind 171; Emperor v. Bansidhar, 11 Cri LJ 287; cf. Crown v. Bansidhar Gianchand, 8 PR 1910 (Cri); Kifayatulla v. Emperor, 53 All 220 : 1931 All 17; Sanyasi Raju v. Emperor, AIR 1940 Mad 284.
73. Emperor v. Mahadevappa Hanmantappa, 28 Cri LJ 364 at pp. 372, 378 : AIR 1927 Bom 209.
74. See also Coppen v. Moore, (1898) 2 QB 306; Commissioner of Police v. Cartman, (1896) 1 QB 655; Mullins v. Collins, (1874) 9 QB 292; Cundy v. Le Cocq, (1884) 13 QBD 207; Queen Empress v. Tyab Ali, 24 B 423.
75. Sebastian v. State of Kerala, (1962) 2 Cri LJ 435.
76. Hari Narain Chandra v. Emperor, 29 Cri LJ 49 at p. 61 : 46 Cri LJ 308 : AIR 1928 Cal 27.
77. Subs. by Act 32 of 1978, S. 14 (w.e.f. 2-3-1983).
78. Subs. by Act 32 of 1978, S. 15 (w.e.f. 2-3-1983).
79. Subs. by Act 32 of 1978, S. 15 (w.e.f. 2-3-1983).
80. Subs. by Section 4 of Ordinance 18 of 1945 for the former Section 14.
81. Subs. by Act 32 of 1978, S. 16 (w.e.f. 2-3-1983).
82. The words His Majesty's Government in the United Kingdom or were rep., Ordinance 18 of 1945.
83. Subs. by the A.O. 1948 for any Government in British India .
84. Subs. by the A.O. 1950 for Provincial .
85. Subs. by Act 32 of 1978, S. 16 (w.e.f. 2-3-1983).
86. Subs. by Act 32 of 1978, S. 17 (w.e.f. 2-3-1983).
87. Omitted by Act 32 of 1978, S. 17 (w.e.f. 2-3-1983).
88. Subs. by the A.O. 1937 for Governor-General in Council .
89. Subs. by ibid., for Gazette of India.
90. The words if it is made by the Governor-General in Council were rep. by the A.O. 1937.
91. Ins. by Act 32 of 1978, S. 18 (w.e.f. 2-3-1983).
92. Subs. by GSR 523(E), dt. 1-9-1979.
93. Omitted by GSR 523(E), dt. 1-9-1979.
94. The words if it is made by the Governor-General in Council were rep. by the A.O. 1937.
95. Subs. by ibid., for Gazette of India .
96. The words if it is made by the Governor-General in Council were rep. by the A.O. 1937.
97. Subs. by ibid., for Gazette of India .
98. The words and if it is made by the Local Government until it has been published in the local Official Gazette were rep. by the A.O. 1937.
99. Subs. by ibid., for Gazette .
100. Ins. by Act 32 of 1978, S. 19 (w.e.f. 2-3-1983).