The
Department of Explosives is headed by the Chief
Controller of Explosives with headquarters at Nagpur. It has 5 circle offices and 18
sub-circle offices. The Department of Explosives has been entrusted with the
administration of the Explosives Act, 1884, Petroleum Act, 1934 and Inflammable Substances Act, 1952 and
rules made thereunder. It also imparts training to Airport security staff, senior police
officers etc. in identifying explosives and explosive devices.
This is a comprehensive law regulating the manufacture, possession, sale, transportation, exportation and importation of explosives. This Act was enacted to prevent accidents at various points of handling of explosives. It does not include any provision for prevention of crime involving explosives. The Act defines ‘explosives’ as any 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. The term includes gunpowder, nitroglycerine, detonators, etc. as also fireworks and fog signals. The following rules have been framed under this Act:
Explosives Rules, 1983 |
Extending to various compositions of explosives; |
Gas Cylinders Rules, 1981 - |
Regulating possession, delivery, despatch, handling, examination, testing of gas cylinders |
Static & Mobile Pressure |
Regulating construction, fitment, storage, loading, transport, licensing and inspection of pressure vessels intended for storage and transport of any compressed gas including Liquefied Petroleum Gas. |
The administration of the Act requires interaction with the Ministries of Coal, Mines, Petroleum, Environment and Home Affairs. The manufacturing industry for explosives is licensable under the Industries (Development & Regulation) Act, 1951.
Notifications
under the Explosives Act, 1884
No. M-1217, dated 20th November, 1926:- In exercise of the powers conferred by Section 17 of the Indian Explosives Act, 1884 (IV 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 within the meaning of the said Act, subject to the following exceptions, namely
(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 explosives, provided
that—
(i)
such picric acid is so kept and conveyed as not 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
(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.
(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 water-tight
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 1bs. 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 water-tight 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
No.M-1217(3),
dated 30th November, 1940 as amended by GSR 571, dated 1—4-1966.—In
pursuance of sub-rule (4) of Rule 60 of the Explosives Rules, 1940, the Central Government
is pleased to prescribe the appended form for the grant or renewal of licences under that
rule in respect of boats used for the transport of explosives, and to direct that a fee of
rupees sixteen shall be payable for the grant or renewal of each such licence.
Name
of boat or other distinguishing mark. |
|
| Official No. |
|
| Gross metric
tonnage, if any. |
|
| Name of
owners. |
|
| Fee—Rs.16. |
Conservator of Port of
appointed
under Rule 60 of the Explosives
Rules, 1940.
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 (IV of 1884), as
applied by the notification of the Government of Assam No.TAD/L/4/51, dated 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.
No.S.
& P. II-Exp. 2(3)/57, dated 14th October, 1957.—In pursuance of
clause (1) of Article 239 of the Constitution and in supersession of all previous
notifications on the subject, the President hereby directs that the Administrators of
Delhi, Himachal Pradesh, Manipur, Tripura, the Andaman and Nicobar Islands and the
Laccadive, Minicoy and Aminidivi Islands, shall subject to the control of the President
and until further orders, discharge the functions of the Central Government under the
proviso to Rule 82 of the Explosives Rules, 1940, u nder the proviso to Rule 83 of the
said rules and under Rule 93 of the said rules, in their
respective administration.
G.S.R.64(E),
dated 27-1-1992.—In exercise of the powers conferred by the 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.
(a) when liquid, or
(b) when subject to any
pressure, or
(c) when in admixture with
air or oxygen in whatever proportion and at whatever pressure, and
(d) whether or not in
admixture with other substances, shall be deemed to be an explosive within the meaning of
the said Act; and
(2)
prohibits absolutely the manufacture, possession, t rasnport and importation of such
acetylene as is declared by this notification to be an explosive subject to the
exceptions mentioned in the Schedule annexed hereto and when it is contained in a
homogeneous porous substance with acetone or other approved solvent in accordance with the
provisions of the Gas Cylinders Rules, 1981.
SCHEDULE
2.
Any acetylene in admixture with air or oxygen when such admixture takes place—
(a)
only in a burner or other contrivance in which the mixture is intended to be burnt;
(b)
unavoidably, in the first use or recharging of an apparatus properly designed and
constructed with a view to the production of commercially pure acetylene.
3.
Any acetylene in admixture with oil-gas (that is to say, a gas manufactured from mineral
oil) and under compression if the following conditions are fulfilled, namely:--
(a)
the acetylene shall be generated only by such process as may be approved by the Chief
Controller of Explosives;
(b)
the proportion of acetylene shall not exceed fifty parts by volume in every one hundred
parts of the mixture of acetylene and oil gas;
(c)
the acetylene and oil-gas shall be mixed together in a chamber or vessel before the gases
are subject to compression; and
(d)
the mixture shall not be subjected to a pressure exceeding 1.55 kg/cm2 (1550
cm. Water column).
4.
Any acetylene which is subjected to a pressure not exceeding 1.55 kg/cm2 (1550
cm. Water column) so long as it is manufactured in an apparatus and kept in a premises
approved by the Chief Controller subject to the conditions mentioned hereunder:
Provided that
approval in respect of premises may not be necessary if the apparatus is of a design not
requiring a charge of Carbide of Calcium exceeding two kilogrammes at any one time.
2.
(a) The apparatus shall be so constructed that lime sludge cannot gain access to or clog
any pipe intended for the passage of gas or the water feed. Sludge overflow or
outlet shall be large enough to avoid frequent clogging.
(b)
The use of glass in water gauge, sight boxes, shall be avoided, but where provision of
glass is absolutely necessary as part of the apparatus it shall be effectively protected
against fracture or fragmentation.
(c)
The apparatus shall be so constructed that it is not possible, even by incorrect
manipulation of cocks, to seal the generating chamber hermetically.
(d)
The empty space above the water level in a generator shall be as small as is consistent
with proper working of the apparatus.
(e)
No metal containing more than 70 per cent of copper shall be present in any portion of the
apparatus.
(f)
The various parts of the apparatus shall be of adequate strength to withstand any
pressures that may be generated therein.
(g)
The size of the pipes carrying the gas shall be proportional to the maximum rate of
generation, so that undue back pressure from throttling may not occur.
3.
The apparatus shall have an arrangement to generate acetylene gas as fast as it can be
used/removed and must stop generating immediately the gas delivery is closed, or the gas
holder is filled.
4.
The apparatus shall have an efficiency of at least 90 per cent.
5.
The temperature of any part of the apparatus when working shall not exceed 80 degree
Celcius Suitable means for ascertaining the temperature of those parts of apparatus where
heat is liable to be generated shall be provided:
Provided that if
it be shown to the satisfaction of the Chief Controller that a higher temperature is
necessary in any generating apparatus and that such higher temperature may be used
without danger, the Chief Controller may allow the use of higher temperature under
such conditons as he may specify.
6.
(a) The apparatus used shall not be made to work at a pressure exceeding 0.15 kg/cm2 (1550
cm. Water column):
Provided that if
it be shown to the satisfaction of the Chief Controller that a higher pressure is
necessary in any generating apparatus and that such higher pressure may be used without
danger, the Chief Controller may allow the use of higher pressure up to a maximum of 1.55
kg/cm2 (1500 cm. Water column) under such conditions as he may specify.
(b)In the use of
the apparatus, regard shall be had to the danger of stoppage of passage of the gas and
consequent increase of pressure (i.e., even if the gas supply be cut off or any of the
pipes become blocked, the pressure in the generator must not exceed its design working
pressure).
7.
(a) Adequate precautions shall be taken to prevent any escape of gas from the apparatus.
(b) Gas-holders
shall be fitted with blow-off pipes carried up to a suitable point in the open air.
The inlet and outlet of gas-holder shall be provided with shut-off valves which can be
easily closed in an emergency.
8.
(a) The carbide shall be completely decomposed in the apparatus, so that the lime sludge
discharge therefrom shall not be capable of generating more gas.
(b) The apparatus
shall give no tarry or other heavy condensation products from the decomposition of the
carbide.
9.
(a) An open tank shall be provided in the open air for the reception of all residue and
such residue shall remain for at least ten hours in not less than four times its bulk of
water in such tank.
(b) Precautions
shall be taken to prevent any lime sludge from being discharged into the drains.
(c) No source of
ignition shall be brought within 9 metres from a tank used for reception of lime sludge.
10.
An apparatus shall have an efficient arrangement capable of effectively preventing a flash
back from the acetylene delivery pipe to the generator or to the gas-holder, as the case
may be.
11.
All electrical motors, lights, switches and other fittings inside a shed housing an
apparatus for acetylene generation and within 15 metres of such shed shall be of flame
proof construction conforming to IS:2148 and of a type approved by the Chief Controller.
12.
(a) Acetylene generating apparatus shall be installed in a lightly constructed shed made
of suitable non-flammable materials.
(b) The shed
shall be adequately ventilated near the ground level and near the roof.
(c) A concrete
floor covered with suitable conductive material and raised at least 60 cms. above the
ground level should be provided.
(d) Escape doors
must open outwards and give direct exit to the open space. Their position and number
must be such as to provide adequate means of exit in the event of an emergency.
13.
The shed housing an apparatus shall maintain distance not less than 30 metres from an
Oxygen manufacturing plant building, 90 metres from an air-intake point, 9 metres
from sludge tank and 15 metres from any other protected works:
Provided that
dissolved acetylene cylinder filling-cum-storage shed and carbide storage shed may be
adjoining the shed housing an apparatus for acetylene generation and in such case the
above mentioned distances shall be observed from the entire building.
14.
All apparatus, machinery and other equipment shall be efficiently earthed at all
times. The earthing connections should be tested at least once in a year and record
of all such tests maintained.
15.
Nothing in conditions 11,12,13 and 14 shall apply to an apparatus of a design requiring
charge of carbide of calcium not exceeding 2 kgs. at any one time provided the same is
kept in a room forming part of building with a suitable exit leading to open space/road.
16.
No part of an apparatus or connected distribution system shall be opened without bringing
it down to the ambient temperature and no repair with flame or heat shall be carried out
unless the apparatus and connected distribution system and the surroundings are made free
of acetylene gas. All repairs shall be carried out under the supervision of an
experienced person.
G.S.R.
687(E), dated September, 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 conditons, 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 veiling 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 Napgur, 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 | |
| Class 2 and Class 3 | 400 kg. |
| 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 Vally
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 be 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 700C 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 kgs. 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 operations involving
manufacture and handling of DNT.
5.
Every person incharge 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 provisons
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, 1884 (4 of 1884), 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 Divn. 2,
subject to the following conditions namely:-
CONDITIONS
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 buildings(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:
| S.No | Room | Quantity in Kgs. |
||
| For manufacture of 100 kgs. at a time | For manufacture of 200 kgs. at a time | Formanufacture |
||
| 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 6M, 9M or 15M for the
manufacturing capacity of 100 Kgs. 200 Kgs. or 500 Kgs., respectively shall be maintained
all round the factory building. A 2M 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. Potasium
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 1.8M 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 groves.
(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
ponding of match composition.
6.
(a) All due precautions shall be taken during drying of the match sticks 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 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 form Controller of Explosives.
8.
(a) No persons 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 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 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 or 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.
__________________________________________________________________________________________________________
THE
[1* * *] EXPLOSIVES ACT, 1884
(Act No. 4 OF 1884)
[26th February, 1884]
An
Act to regulate the manufacture, possession, use, sale, [2 transport, import
and export] of Explosives
Whereas, it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives. It is hereby enacted as follows:
1.
Short title. –
(1) This Act may be called the [1 * * * ] Explosives Act, 1884; and
Local Extent. – (2) It
extends to the whole of India
2.
Commencement. – (1) This Act shall
come into force on such day as the Central Government, by notification in the
Official Gazette, appoints:
3
*
*
*
*
4[4. Definitions.
– In this Act, unless the context otherwise requires, -
(a)
“aircraft”
means any machine which can derive support in the atmosphere from the reactions of the
air, other than the reactions of the air against the earth’s surface, and includes
balloons, whether fixed or free, airships, kites, gliders and flying machines;
(b)
“carriage”
includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or
passengers by land, in whatever manner the same may be propelled;
(c)
“District
Magistrate”, in relation to any area for which a Commissioner of Police has been
appointed, means the Commissioner of Police thereof and includes –
(a) and such Deputy
Commissioner of Police, exercising jurisdiction over the whole or any part 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;
2.
Subs.
By Act s. 2, ibid. For “transport and importation” (w.e.f. 2-3-1983
3.
Sub-Section
(2) was repeated by Act 12 of 1891.
4.
Subs.
By s. 4, ibid. (w.e.f. 2-3-1983)
(d)
“explosives”
means gunpowder, nitrogycerine, nitroglycol, gun-cotton,
di-nitro-toluenetri-nitro-toluene, picric acid, di-nitor-phenol, tri-nitor-resorcinol
(styphnic act), cyclo-trimethylene-trinitramine, penta-erythritol-tetranitrate, tetry1,
nitorguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal,
diazo-di-nitor-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
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, or human beings or of goods and a caisson.]
2.
Subs.
By Act 31 of 1978, s. 5 for “transport and importation” (w.e.f. 2-3-1983).
(2) Rules
under this section may provide for all or any of the following among other matters, that
is to say:-
(a) the authority by which
licenses may be granted;
(b) the fees to be charged
for licenses, and the other sums (if any) to be paid for expenses by applicants for
licenses;
(c) the manner in which
application for licenses must be and the matters to be specified in such applications;
(d) the form in which, and
the conditions on and subject to which, licenses must be granted;
(e) the period for which
licenses are to remain in force 1 ***
2[(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
explosive;
(f) the
exemption absolutely or subject to conditions of any explosives 3[or any person
or class of persons] from the operation of the rules.
3 * * * *
4 [5-A.
Persons already
in business in respect of certain explosives to carry an 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, any person was carrying on the business of manufacture, sale, transport, import
or export of any explosives [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.
The
word “and” omitted by s. 5 ibid. (w.e.f. 2-3-1983)
2.
Ins.
By s. 5 ibid. (w.e.f. 2-3-1983)
3.
Omitted
by s. 5, ibid. (w.e.f. 2-3-1983), which was substituted by Act 3 of 1952, s.2 for the
former Sub-Section.
4.
Ins.
By s. 6 ibid. (w.e.f. 2-3-1983)
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 1[Central
Government] may, from time to time, by notification in the 2[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 [Cental
Government], it is expedient for the public safety to issue the notification; * * *3
4
*
*
*
*
5[(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)
6[* * * ]
7[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 behavior, 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,
2.
Subs.
by ibid., for “Gazette of India”.
3.
Subs.
by A.O. 1937.
4.
The
words “and” and clause (b) were rep. By Act 10 of 1914.
5.
Subs.
by Act 32 of 1978, s. 7 (w.e.f. 2-3-1983).
6.
Omitted
by Act 32 of 1978, s.7 (w.e.f. 2-3-1983)
7.
Ss.
6-A to 6-F inserted by Act 32 of 1978, s. 8 (w.e.f. 2-3-1983)
shall, -
(2) manufacture,
sell, transport, import or export any explosive, or
(3) 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 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.
(4) 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 sin 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 and 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
condition subject to which a licence has been granted except such of them is 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 spefied 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 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 explosives, 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 conviction 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.
7.
Power to make rules conferring powers of
inspection, search, seizure, detention and removal. – (1) The Central Government
may make rules consistent with the Act authorising any officer, either by name or in
virtue of his office –
(a)
to
enter, inspection and examine 1[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
take 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 the 4[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.
8.
Notice of accidents. –Whenever
there occurs in or about, or in connection with, any lace in which an explosive is
manufactured, possessed or used, or 5[any aircraft, carriage or vessel,] either
conveying an explosive or on or from which an explosive is being loaded or unloaded, any
accident by explosion or by fire attended with loss of human life or serious injury to
person or property, or of a description usually attended with such loss or injury, the
occupier of the place, or 6[the master of the aircraft or vessel,] or the
person in charge of the carriage, as the case may be, shall 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 7[Chief Controller of Explosives] and
to the officer in charge of the nearest police station.
8
*
*
*
*
1.
Subs.
by Act 32 of 1978, s. 9 for “any place, carriage or vessel” (w.e.f. 2-3-1983)
2.
Subs.
by s. 9, ibid, for “transported or imported” (w.e.f. 2-3-1983)
3.
Subs.
by s.9 ibid. (w.e.f. 2-3-1983).
4.
Subs.
s. 9, ibid., for “Code of Criminal Procedure” (w.e.f. 2-3-1983)
5.
Subs.
by s.10, ibid., for “any Carriage and vessel” (w.e.f. 2-3-1983).
6.
Subs.
by s. 10, ibid. for “the master of the vessel” (w.e.f. 2-3-1983)
7.
Subs.
by s.10, ibid., for “Chief Controller of Explosives” (w.e.f. 2-3-1983).
8.
Omitted
by s. 10, ibid. (w.e.f. 2-3-1983)
9.
Inquiry into accidents. – (1) Where
any accident such as in referred to in Section 8 occurs in or about or in connection with 1[any
place, aircraft, carriage or vessel] under the control of nay of the 2[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 3*** shall in cases attended
by loss of hman 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 4[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 purpose 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 5[Chief Controller of Explosives] to be present or represented at
any such inquiry;
(d)
to
provide that where the 5[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 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 Section8, appoint the 5[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.
1.
Subs.
by s. 11, ibid, for “any place, carriage or vessel” (w.e.f. 2-3-1983)
2.
Subs.
by s. 11, ibid, for “the Indian Forces” (w.e.f. 2-3-1983)
3.
Omitted
by s. 11, ibid. (w.e.f. 2-3-1983)
4.
Subs.
by s.11,ibid, for the words and figures “Code of Criminal Procedure, 1898”
(w.e.f.2-3-1983)
5.
Subs.
by Act 32 of 1978, s. 12 for “Chief Inspector of Explosives in India” (w.e.f.
2-3-1983).
(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 (45 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 cicumstances, 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.
1[9-B. Punishment of 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 export 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 tern which
may extend to two years or with fine 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 tern 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 tern which may
extend to three months or fine or with both.
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 as 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 of 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.]
10.
Forfeiture of Explosives. – When a person is
convicted of an offence punishable under this Act, or the rules made under this Act, the
Court before which he is convicted may direct that explosive, or ingredient of the
explosive, or the substance (if any) in respect of which the offence has been committed,
or nay part of that explosive, ingredient or substance, shall, with the receptacles
containing the same, be forfeited.
1[11.
Distress of aircraft or vessel. – Where the
owner or master of any aircraft or vessel is adjudged under this Act to pay a fine for any
offence committed with, or in relation to, that aircraft or vessel, the Court may, in
addition to any power it may have for the purpose of compelling payment of the fine,
direct it to be levied by distress and sale of, -
(a)
the
aircraft and its furniture or so much of the furniture, or
(b)
the
vessel and the tackle, apparel and furniture of such vessel or so much of the tackle,
apparel and furniture thereof, as is necessary for the payment of fine.]
12.
Abetment and attempts. – Whoever abets,
within the meaning of the Indian Penal Code (45 of 1860), the commission of an offence
punishable under this Act, or the rules made under this Act, or attempts to commit any
such offence and in such attempt does any act towards the commission of the same, shall be
punished as if he had committed the offence.
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 explosive or fire in or about any place where an explosive is manufactured or
stored, or any railway or port, or any carriage, 2[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 3[conservator
or the port or officer in charge of the air port,] and be removed from the place where he
is arrested and conveyed as soon as conveniently may be before a Magistrate.
14.
Saving and power to exempt.- (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 4[Armed
Forces of the Union, and Ordnance Factories or other establishments of such Forces in
accordance with rules or regulations made by the Central Government;
(b) by any person employed
under the Central Government or under a State Government in execution of this Act.
(3)
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, any explosive and 5[any
person or class of persons from all or any of the provisions of this Act or the rules made
thereunder.]
2.
Subs.
by s. 15, ibid., for “ship or boat” (w.e.f. 2-3-1983).
3.
Subs.
by Act 32 of 1978, s. 15, ibid., for “conservator of the port” (w.e.f. 2-3-1983)
4.
Subs.
by s. 16, ibid., for “Indian forces” 9w.e.f. 2-3-1983).
5.
Subs.
by s.16, ibid., for “any explosives from all or any of the provisions of this
Act” (w.e.f. 2-3-1983)
Provided that an
authority granting a licence under this Act of 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 2[ * ] Arms Act.
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 that provided by this Act or
those rules:
Provided that a
person shall not be punished twice for the same offence.
17.
Extension of definition of “explosive” to other explosive substances. – The Central Government may, from time
to time, by notification in the Official Gazette, declare that any substance which appears
to the Central Government to be specially dangerous to life or property, by reason either
of its explosive properties or of any process in the manufacture thereof being liable to
explosion, shall be deemed to be an explosive within the meaning of this Act, and the
provision 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.
3[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 Section 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 notifidcation, 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 of the State Government.]
2.
The
word “Indian” omitted by s. 17,
ibid. (w.e.f. 2-3-1983)
3.
Ins.
By s. 18, ibid., (w.e.f. 2-3-1983)
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 of the
information of persons likely to be affected thereby.
(2) The publication shall
be made in such manner as the Central Government, from time to time, by notification in
the Official Gazette, perscribes.
(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 until it has been published in the Official Gazette.
(6) The publication in the
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
sanction.
(7) All powers to make
rules conferred by this Act may be exercised from time to time as occasion requires.
1[(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.]
THE INFLAMMABLE SUBSTANCES ACT,
1952
No. XX of 1952
An Act to declare certain substances to be dangerously inflammable and to provide fo the regulation of their import, transport, storage and production by applying thereto the Petroleum Act, 1934, and the rules thereunder and for certain matters connected with such regulation.
1.
Short title. – This may be called
the Inflammable Substances Act, 1952.
2.
Definitions. – In
this Act. –
(a) “dangerously
inflammable substance” means may liquid or other substance declared to be dangerously
inflammable by this Act;
(b) “Petroleum
Act” means the Petroleum Act, 1934 (XXX of 1934).
3.
Declaration of certain substances to be
dangerously inflammable. – The liquids and other substances hereinafter mentioned,
namely:-
(1) acetone,
(2) calcium phosphide,
(3) crbide of calcium
(4) cinematograph films
having a nitor-cellulose base,
(5) ethylacohol,
(6) methyl alcohol,
(7) wood naphtha,
are hereby decalred to be dangerously
inflammable.
4.
Power to apply Petroleum
Act to dangerously inflammable substances. –
(1)
The
Central Government may, by notification in the Official Gazette, apply any or all the
provisions of the Petroleum Act and of the rules made thereunder, with such modifications
as it may specify, to any dangerously inflammable substance, and thereupon the provisions
so applied shall have effect as if such substance had been included in the definition of
“petroleum” under that Act.
(2)
The
Central Government may make rules providing specially for the testing of any dangerously
inflammable substance to which any of the provisions of the Petroleum Act have been
applied by notification under sub section (1), and such rules may supplement any of the
provisions of Chapter 11 of that Act in order to adapt them to the special needs of such
tests.
5.
Operation of certain notification and rules.
– Notification or rules issued or purporting to have been issued under section 30 of
the Petroleum Act between th e1st day of April, 1937, and the date of commencement of this
Act shall be deemed to have been issued or made under this Act, and continue in force
accordingly.
6.
Validation of certain
acts and indemnity in respect thereof. – All acts of executive authority, proceedings and
sentences which have been done taken or passed with respect to, or on account of, any
inflammable substance since the 1st day of April, 1937, and before the
commencement of this Act by any officer of Government or by any person acting under his
authority or otherwise in pursuance of an order of the Government in the belief or
purported belief that the acts, proceedings or sentences were being done, taken or passed
under the Petroleum Act shall be as valid and operative as if they had been done, taken or
passed in accordance with law; and not suit or other legal proceeding shall be maintained
or continued against any person whatever on the ground that any such acts, proceedings or
sentence were not done, taken or passed in accordance with law.
7.
Repeal of section 30 Act
XXX of 1934. – Section 30 of the Petroleum Act is hereby repealed.