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EXPLOSIVES ACT

Ministry of Law and Justice

Act nº 4 of 1884


  • Act nº 4 of 1884

Preamble

THE EXPLOSIVES ACT, 18841

[Act, No. 4 of 1884]2

[26th February, 1884]

PREAMBLE

An Act to regulate the manufacture, possession, use, sale,3[transport, import and export] of explosives.

Whereas it is expedient to regulate the manufacture, possession, use, sale,3[transport, import and export] of explosives; it is hereby enacted as follows:--

1. 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, Pt. I. pg. 44), Palamau and Nanbhum and in Pargana Dhalbhum and the Kolhan in the Ssingbhum District of the Chota Bagpur Division-See Gazette of India, 1896, Pt. I. pg. 972.

It has been applied to the Sonthal Parganas under section 3 of the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), as amended by the Sonthal Parganas Laws Regulation, 1886 (3 of 1886), and by section 3 of Regulation 3 of 1899, and to Porahat Estate by Bihar Regulation 2 of 1946.

It has been extended to Berar Laws Act. 1941 (4 of 1941), to Goa, Damen and Diu by Regulation 12 of 1962, section 3 and Schedule, to Dadra and Nagar Heveli by Regulation 6 of 1963, section 2 and Schedule I, to Pondicherry by Regulation 7 of 1963, section 3 and Schedule and to Laccadive, Minicoy and Amindivi Islands by regulation 8 of 1965, section 3 and Schedule The Act has been extended to Goa, Daman and Diu with modifications, by Reg.12 of 1962, section 3 and Schedule, extended to and brought into force in Dadra and Nagar Heveli by Reg. 6 of 1963, section 2 and Schedule w.e.f. 1-7-1965 and to the whole of the Union territory of Lakshadweep by Regulation 8 of 1965, section 3 and Schedule I w.e.f. 1-10-1967

The Act comes into force in Pondicherry on 1-10-163 vide Regulation7 of 1963, section 3 and ScheduleI.The Act comes into force in the State of Sikkim on 7-11-1992 vide S.O. 823 (E). dated 7 th November, Gazette of India, Extra., Pt. II, section 3 (ii)

2. For the law relating to expplosivce substances, See also the Explosive Substances Act, 1908 (6 of 1908)

3. The words "Indian" omitted by Act 32 of 1978, section 3 w.e.f. 2-3-1983.


Section 1. Short title

(1) This Act may be called the1[* * *] Explosives Act, 1884; and Local extent.

(2) It extends to the whole of India2[* * *].

1. Substituted by Act 32 of 1978, sec. 2, for "transport and importation" w.e.f. 2-3-1983.

2. The words and letter "except Part BSates" omitted by Act 3 of 1951, section 3 and Schedule w.e.f. 1-4-1951.


Section 2. Commencement

(1) This Act shall come into force on such day1as the Central Government, by notification in the Official Gazette, appoints.2[* * *]

1. Came into force on 1 st July, 1887, see, Gazette of India, 1887, Pt. I, pg. 307.

2. Sub-section(2) rep. by Act 12 of 1891, section 2 and Schedule I.


Section 3. Repeal of portions of Act 12 of 1875

[Rep. by the Indian Ports Act, 1889 (10 of 1889) section 2 and Schedule II.]

Section 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 baloons, whether fixed or free, airships, kites, gliders and flying machines;

(b) "carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in whatever manner the same may be propelled;

(c) District Magistrate", in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes--

(a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of 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, nitroglycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri-nitro-toluene, picric acid, tri-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene-tri-nitramine, 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 othersubstance whether a single chemical compound or a mixture of substances, whether solid orliquid or gaseous used or manufactured with a view to produce a practical effect by explosion orpyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps,detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of anexplosive 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 repairing 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.]

1. Substituted by Act 32 of 1978, section 4 for section 4 (w.e.f. 2-3-1983).


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

(1) The Central Government may, for any part of1[India]2[***] make rules3consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use. sale,4[transport, import and export] of explosives, or any specified class of explosives.

(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:--

(a) the authority by which licences may be granted;

(b) the fees to be charged for licences, and theother sums (if any) to be paid for expenses by applicants for licences;

(c) the manner in which applications for licenses must be made, and the matters to be specified in such applications;

(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;5[* * *]

6[(ee) the authority to which appeals may be preferred under section 6F, 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 [or any person or class of persons] from the operation of the rules.

7[* * *]

1. Substituted by Act 3 of 1951, section 3 and Schedule, for "Part A States and Part C States " w.e.f. 1-4-1951.

2. The words "and each Local Government, with the previous sanction of the Governor-General in Council, may for any part of the territories under its administration" omitted by the A.O. 1937.

3. For the Explosive Rules, 1940, made under sections 5 and 7, see Gazette of India, Extra., 1940, p. 749.

4. Substituted by Act 32 of 1978, section 5. for "transport and importation" w.e.f. 2-3-1983.

5. The word "and" omitted by Act 32 of 1978, section 5 w.e.f. 2-3-1983.

6. Inserted by act 32 of 1978, section 5 w.e.f. 2-3-1983.

7. Sub-section (3) omitted by Act 32 of 1978, section 5 w.e.f. 2-3-1983.


Section 5A. Persons already in business in respect of certain explosives to carry on such business without licence for a certain period

1[5A. Persons already in business in respect of certain explosives to carry on such business without licence 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 (32 of 1978), any person was carrying on the business of manufacture, sale, transport, import or export of any explosive [for which no licence was required under this Act before its amendment by the Indian Explosives (Amendment) Act, 1978], then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive--

(a) for a period of three months from the date of such commencement; or

(b) if before the expiry of the said period of three months, such person has made an application for grant of licence under this Act for such business in such explosive, until the final disposal of his application, whichever is later.]

1. Inserted by Act 32 of 1978, section 6 w.e.f. 2-3-1983.


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 Central Government may, from time to time, by notification in the Official Gazette,--

(a) prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the Central Government, it is expedient for the public safety to issue the notification; 1 [* * *]

1 [* * *]

2 [(2) The Customs Act, 1962 (52 of 1962) shall have effect in relation to any explosive with regard to the importation of which a notification has been issued under this section and the vessel, carriage or aircraft containing such explosive as that Act has in relation to any article the importation of which is prohibited or regulated thereunder and the vessel, carriage or aircraft containing such article.]

3 [* * *]

1. The word "and" and clause (b) Rep. by Act 10 of 1914, section 3 and Schedule II.

2. Substituted by act 32 of 1978, section 7, for sub-section (2) w.e.f. 2-3-1983

3. Sub-section (3) omitted by Act 32 of 1978, section 7 w.e.f. 2-3-1983|


Section 6A. Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons

1 [6A. Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons

Notwithstanding anything in the foregoing provisions of this Act,--

(a) no person,--

(i) who has not completed the age of eighteen years, or

(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude for a term of not less than six months, at any time during a period of five years after the expiration of the sentence, or

(iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping the peace or for good behaviour, at any time during the term of the bond, or

(iv) whose licence under this Act has been cancelled, whether before or after the commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 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.

1. Inserted by Act 32 of 1978, section 8 w.e.f. 2-3-1983.


Section 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 cither 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 echnical 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.

Section 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 explosives; or

(b) where such licence is required by a person whom the licensing authority has reason to believe-

(i) to be prohibited by this Act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export any explosive, or

(ii) to be of unsound mind, or

(iii) to be for any reason unfit for a licence under this Act; or where the licensing authority deems it necessary forthe 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.

Section 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.

Section 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 is prohibited by this Act or by any other law forthe 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.

Section 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 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.]

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

(1) The Central Government1[* * *] may make rules consistent with this Act authorising any officer, either by name or in virtue of his office-

(a) to enter, inspect and examine2[any place, aircraft, carriage or vessel] in which an explosive is being manufactured, possessed, used, sold,2[transported, imported or exported] under a licence granted under this Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold,2[transported, imported or exported] in contravention of this Act or of the rules made under this Act;

(b) to search for explosives therein;

(c) to make samples of any explosive found therein on payment of the value thereof; and

3[(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 the4[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 authorised by rules under this section.

1. The words "or the local Government with the previous sanction of the Governor-General in Council" omitted by the A.O. 1937.

2. Substituted by Act 32 of 1978, section 9, for certain words w.e.f. 2-3-1983.

3. Substituted by Act 32 of 1978, section 9 for clause (d) w.e.f. 2-3-1983.

4. Substituted by Act 32 of 1978, section 9, for "Code of Criminal Procedure, 1898 (5 of 1898)" w.e.f. 2-3-1983.