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,.....
View Complete Act List Judgments citing this section(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 B Sates" omitted by Act 3 of 1951, section 3 and Schedule w.e.f. 1-4-1951.
View Complete Act List Judgments citing this section[Rep. by the Indian Ports Act, 1889 (10 of 1889) section 2 and Schedule II.]
View Complete Act List Judgments citing this section.....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).....
View Complete Act List Judgments citing this section1[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.
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this sectionA 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.
View Complete Act List Judgments citing this section.....such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the 5 [Chief Controller of Explosives] and] to the officer in charge of the nearest police station.6 [* * *] __________________________ 1. Section 8 re-numbered as sub-section (1) of that section by Ordinance 18 of 1945, section 2. 2. Substituted by Act 32 of 1978, sec, 10, for "any carriage or vessel" w.e.f. 2-3-1983. 3. Substituted by Act 32 of 1978, section 10, for "the master of vessel" w.e.f. 2-3-1983 4. Substituted by Ordinance 18 of 1945, section 2, for "forthwith give notice thereof". 5. Substituted Act 32 of 1978, section 10, for "Chief Inspector of Explosives in India" w.e.f. 2-3-1983. 6. Sub-section (2) omitted by Act 32 of 1978, section 10 w.e.f. 2-3-1983.
View Complete Act List Judgments citing this section.....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 imprison-ment 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 inaster 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.....
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