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Explosive Substances Act, 1908 Amending Act I

Title: Explosive Substances (Amendment) Act, 2001

State: Central

Year: 1908

.....appoint, 2. Substitution of new sections for sections 2 to 5 In the Explosive Substances Act 6 of 1908(hereinafter referred to as the principal Act), for sections 2 to 5, the following sections shall be substituted, namely: '2. Definitions: In this Act,-- (a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement; (b)the expression "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low tempera­ture plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixlure of high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any.....

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Explosive Substances Act, 1908 Section 4

Title: Punishment for Attempt to Cause Explosion, or for Making or Keeping Explosive with Intent to Endanger Life or Property: Any Person Who Unlawfully and Maliciously

State: Central

Year: 1908

(a) does any act with intent to cause by an explosive substance or special category explosive substance, or conspires lo cause by an explosive substance or special category explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property; or (b) makes or has in his possession or under his control any explosive substance or special category explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property in India, shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished,-- (i) in the case of any explosive substance, with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; (ii) in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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Explosives Act, 1884 Complete Act

Title: Explosives Act, 1884

State: Central

Year: 1884

.....- Commencement Section3 - Repeal of portions of Act 12 of 1875 Section4 - Definitions Section5 - Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives Section5A - Persons already in business in respect of certain explosives to carry on such business without licence for a certain period Section6 - Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives Section6A - Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons Section6B - Grant of licences Section6C - Refusal of licences Section6D - Licensing authority competent to impose conditions in addition to prescribed conditions Section6E - Variation, suspension and revocation of licences Section6F - Appeals Section7 - Power to make rules conferring powers of inspection, search, seizure, detention and removal Section8 - Notice of accidents Section9 - Inquiry into accidents Section9A - Inquiry into more serious accidents Section9B - Punishment for certain offences Section9C - Offences by companies Section10 - Forfeiture of.....

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Explosives Act, 1884 Section 5

Title: Power to Make Rules as to Licensing of the Manufacture, Possession, Use, Sale, Transport, Import and Export of Explosives

State: Central

Year: 1884

.....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.....

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Explosives Act, 1884 Section 5A

Title: Persons Already in Business in Respect of Certain Explosives to Carry on Such Business Without Licence for a Certain Period

State: Central

Year: 1884

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.

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Explosives Act, 1884 Section 6A

Title: Prohibition of Manufacture, Possession, Sale or Transport of Explosives by Young Persons and Certain Other Persons

State: Central

Year: 1884

.....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.

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Explosive Substances Act, 1908 Complete Act

Title: Explosive Substances Act, 1908

State: Central

Year: 1908

Preamble1 - EXPLOSIVE SUBSTANCES ACT, 1908 Section1 - Short title, extent and application Section2 - Definitions: In this Act Section3 - Punishment for causing explosion likely to endanger life or property: Any person who unlawfully and maliciously causes by Section4 - Punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property: Any person who unlawfully and maliciously Section5 - Punishment for making or possessing explosives under suspicious circumstances Section6 - Punishment of abettors Section7 - Restriction on trial of offences Amending ActI - EXPLOSIVE SUBSTANCES (AMENDMENT) ACT, 2001

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Explosives Act, 1884 Section 17

Title: Extension of Definition of "explosive" to Other Explosive Substances

State: Central

Year: 1884

The Central Government may, from time to time, by notification in the Official Gazette, declare that any substance which appears to the Central Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term "explosive" in this Act.

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Explosives Act, 1884 Preamble 1

Title: Explosives Act, 1884

State: Central

Year: 1884

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,.....

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Explosive Substances Act, 1908 Section 3

Title: Punishment for Causing Explosion Likely to Endanger Life or Property: Any Person Who Unlawfully and Maliciously Causes by

State: Central

Year: 1908

(a) any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with imprisonment for life, or with rigorous imprisonment of either description which shall not be less than (en years, and shall also be liable to fine; (b) any special category explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to fine.

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