PROFESSIONAL’S™ E-17
The Explosives Act, 1884 (4 of 1884) alongwith
★ The Explosives Substances Act, 1908 (6 of 1908) ★ The Explosives Rules, 2008 ★ The Ammonium Nitrate Rules, 2012 as amended by
The Ammonium Nitrate (Amendment) Rules, 2021 (G.S.R. 608(E), dated 31-8-2021)
★ The Static and Mobile Pressure Vessels (Unfired) Rules, 2016 as amended by
The Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021 (G.S.R. 609(E), dated 31-8-2021)
BARE ACT
With Short Comments
Price ` 495.00
PROFESSIONAL BOOK PUBLISHERS
The Explosives Act, 1884 (4 of 1884) alongwith
★ The Explosives Substances Act, 1908 (6 of 1908) ★ The Explosives Rules, 2008 ★ The Ammonium Nitrate Rules, 2012 as amended by
The Ammonium Nitrate (Amendment) Rules, 2021 (G.S.R. 608(E), dated 31-8-2021)
★ The Static and Mobile Pressure Vessels (Unfired) Rules, 2016 as amended by
The Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021 (G.S.R. 609(E), dated 31-8-2021) with
Short Comments
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CONTENTS
THE EXPLOSIVES ACT, 1884 Section
Page
1. Short title ... Local extent ... 2. Commencement ... 3. [Repealed] ... 4. Definitions ... 5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives ... 5-A. Persons already in business in respect of certain explosives to carry on such business without license for a certain period ... 6. Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives ... 6-A. Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons ... 6-B. Grant of licenses ... 6-C. Refusal of licenses ... 6-D. Licensing authority competent to impose conditions in addition to prescribed conditions ... 6-E. Variation, suspension and revocation of licenses ... 6-F. Appeals ... 7. Power to make rules conferring powers of inspection, search, seizure, detention and removal ... 8. Notice of accidents ... 9. Inquiry into accidents ... 9-A. Inquiry into more serious accidents ... 9-B. Punishment for certain offences ... 9-C. Offences by companies ... 10. Forfeiture of explosives ... 11. Distress of aircraft or vessel ... 12. Abetment and attempts ... 13. Power to arrest without warrant persons committing dangerous offences ... 14. Saving and power to exempt ... 15. Saving of Arms Act, 1959 ... 16. Saving as to liability under other law ... 17. Extension of definition of “explosive” to other explosive substances ... 17-A. Power to delegate ... 18. Procedure for making, publication and confirmation of rules ...
3 3 3 3 3 4 5 6 6 7 7 7 7 9 9 10 10 11 12 12 13 13 13 13 14 14 14 14 15 15
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THE EXPLOSIVES SUBSTANCES ACT, 1908 1. 2. 3. 4.
Short title, extent and application Definitions Punishment for causing explosion likely to endanger life or property Punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property 5. Punishment for making or possessing explosives under suspicious circumstances 6. Punishment of abettors 7. Restriction on trial of offences (iii)
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(iv)
CONTENTS
THE EXPLOSIVES RULES, 2008 Rule
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1. 2. 3.
4. 5. 6.
7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.
26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.
CHAPTER I PRELIMINARY Short title and commencement Definitions Scope of applicability of rules and exemptions CHAPTER II CLASSIFICATION, CATEGORISATION AND AUTHORISATION Classification of explosives Safety distance categories of explosives Authorisation of explosives CHAPTER III GENERAL PROVISIONS Control over manufacture, import, export, transport, possession for sale or use of explosives Pre-requisite for grant of licence No licence needed in certain cases General Restrictions Employment of competent person Protection from lightning and thunderstorm Repair and maintenance of the premises Packing of explosives Marking on explosives and packages Weight of explosives Split explosive to be destroyed Precautions against danger from water, heat or pollution Special precautions against accident Provision of mounds Restriction on unauthorised persons and provision of guards Use of electrical equipment Prohibition of certain acts Maintenance of records and submission of returns Records of accidents CHAPTER IV SPECIAL PROVISIONS FOR MANUFACTURE OF EXPLOSIVES Approval of manufacturing process Submission of safety management plan to District Magistrate Buildings to be used for specified purpose only Interior of buildings to be suitably finished Restriction of articles liable to spontaneous ignition Use of special tools and implements Particulars to be exhibited on process building Removal of foreign matter from ingredients Removal of explosives and materials expeditiously Training to personnel Use of vehicles Maintenance and repairs of building, plant and equipment Facilities for testing Requirement of samples for testing Stoppage of manufacture of explosives
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CONTENTS Rule 41. Exclusion from list of authorised explosives ... 42. Disposal of waste explosives ... CHAPTER V SPECIAL PROVISIONS FOR IMPORT OR EXPORT OF EXPLOSIVES GENERAL 43. Import or export by land ... 44. Compliance of port rules ... 45. Import of explosives ... 46. Export of explosives ... CHAPTER VI SPECIAL PROVISIONS FOR TRANSPORTATION OF EXPLOSIVES GENERAL 47. Procedure to be followed during transportation ... 48. Certificate of safety ... 49. Transport in passenger carriages and vessels ... 50. Documents to be available during transport ... 51. Maximum consignments allowed ... 52. Despatch of explosives to carriers for transport ... 53. Place and time of loading and unloading ... 54. Carriage or vessel or aircraft to be in readiness for loading ... 55. Delay in transit to be avoided ... 56. Repairs to conveyance ... 57. Small quantities of fireworks exempted ... 58. Safety distances between carriages and boats ... 59. Transport by water ... 60. Transport by Rail ... 61. Licence for road van or compressor mounted motor truck or tractor or a freight container mounted on fixed chassis motor truck or goose neck type semi trailer vehicle ... 62. Prohibition of transport within Streets, Public places and other specified areas ... 63. Restriction on transport of explosives except fireworks and safety fuse by vehicles other than road vans or compressor mounted motor truck or tractor ... 64. Loading of explosives ... 65. Restriction on use of towed vehicles ... 66. Carriage of explosives with other substance prohibited ... 67. Loading, unloading, maintenance and operation of road vans ... 68. Lighting of stationary vehicles ... 69. Accident to the vehicle ... 70. Fire extinguishers to be provided ... CHAPTER VII SPECIAL PROVISIONS FOR POSSESSION, SALE AND USE OF EXPLOSIVES 71. Possession in licensed premises ... 72. Repacking or opening of packages ... 73. Explosives not to be kept in damaged boxes ... 74. Storage of explosives in excess of the licensed quantity ... 75. Permit for temporary possession of manufactured fireworks in excess of the licensed quantity ... 76. Quantity of explosives to be purchased in a given period of time ... 77. Accountability and transaction of explosives ... 78. Magazine, store house, or shop to be at ground level ... 79. Stacking of packages ... 80. Storage of compatible explosives ... 81. Specification for construction of a magazine ... 82. Store house for fireworks or safety fuse ... 83. Explosives permitted for possession and sale from shop ... 84. Temporary shops for possession and sale of fireworks during festivals ... 85. Special precautions to be observed for fireworks ... 86. Safety distances to be maintained ...
(v) Page 43 44 44 44 44 46 47 47 47 48 48 48 49 49 49 49 49 49 50 50 50 51 51 51 51 51 52 53 53 53 54 54 54 54 55 55 55 56 56 56 56 56 56 57 57 58
(vi)
CONTENTS
Rule
Page Sale of other article prohibited ... 58 Fireworks to be sold from licensed premises only ... 58 Restriction on preparation of charges ... 58 Restriction on conveyance of explosives to or at the blasting site ... 58 Explosives to be examined before use ... 59 Precautions to be observed at site ... 59 Suitable warning procedure to be maintained ... 60 Precautions to be observed while firing ... 60 Precautions against stray currents ... 60 Person in charge to be responsible ... 60 Blasting operations in mines ... 60 Blasting operation by shot firer in areas other than mines ... 60 CHAPTER VIII GRANT OR REFUSAL OF APPROVAL, NO OBJECTION CERTIFICATE, LICENCE, CERTIFICATES, AMENDMENT, TRANSFER AND RENEWAL 99. Licences and licensing authorities ... 61 100. Payment of Fees ... 61 101. Prior approval before construction ... 61 102. No objection certificate before construction ... 61 103. Procedure to be observed for issue of no objection certificate and for grant of licence ... 62 104. Commencement of construction of premises ... 63 105. Application for grant of licence ... 63 106. Period of validity of licence ... 64 107. Grant of a licence and certificate ... 64 108. Transfer of licence ... 65 109. Amendment of licence in respect of alteration or change in the premises or licenses capacity, but not involving change of name of licensee or partners or directors or members ... 66 110. Amendment of licence due to change of name of the licensee (firm or company or association or society) ... 66 111. Procedure for change of partners or directors or members or occupier ... 67 112. Renewal of licence ... 67 113. Documents for approval and grant of licence ... 69 114. Refusal to grant approval or licence ... 79 115. Cancellation of no objection certificate ... 79 116. Refusal to amend or renew a licence ... 80 117. Restriction on quantity or period ... 80 118. Suspension and revocation or cancellation of licence ... 80 119. Procedure on expiry, suspension or revocation or cancellation of licence ... 81 120. Refusal or withdrawal of shot firer’s certificate ... 81 121. Provision for appeal ... 82 122. Procedure to be followed by the appellate authority ... 82 123. Procedure on death or disability of licensee ... 82 124. Loss of licence ... 83 CHAPTER IX POWERS VESTED WITH AUTHORITIES 125. Power of officers to demand licence or pass ... 83 126. Executive control over authorities ... 83 127. Power of officers to prevent dangerous practices ... 83 128. Powers of search and seizure ... 83 129. Power to destroy explosives and ingredients thereof ... 84 130. Procedure on reports of infringement ... 85 CHAPTER X ACCIDENTS, ENQUIRIES AND REPORTS 131. Notice of accident ... 85 132. Procedure at courts of inquiry ... 86 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98.
CONTENTS
(vii)
Rule ... ...
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1. Short title and commencement ... CHAPTER I PRELIMINARY 2. Definitions ... 3. Scope of applicability of rules and exemptions ... CHAPTER II GENERAL PROVISIONS 4. Control over manufacture, conversion, and bagging, import, export, transport, possession for sale or use of Ammonium Nitrate ... 5. Pre-requisite for grant of licence ... 6. General restrictions ... 7. Employment of competent person ... 8. Packing of Ammonium Nitrate ... 9. Marking on Ammonium Nitrate packages ... 10. Recovery of spillage during handling ... 11. Special precautions against accident ... 12. Restriction on unauthorised persons, provision of guards and safety distance for storehouse ... 13. Prohibition of certain Acts ... 14. Maintenance of records and submission of returns ... CHAPTER III PROVISIONS FOR SAFETY AND SECURITY MANAGEMENT PLAN 15. Safety and Security Management Plan ... CHAPTER IV PROVISIONS FOR IMPORT AND EXPORT OF AMMONIUM NITRATE General 16. Import or export by land ... 17. Compliance of Port Rules ... 18. Import of Ammonium Nitrate ... 19. Export of Ammonium Nitrate ... CHAPTER V PROVISION FOR TRANSPORT OF AMMONIUM NITRATE General 20. Procedure to be followed during transportation ... 21. General requirements and documents to be available during transport ... 22. Loading, unloading, maintenance and operation of vehicle engaged in transport of Ammonium Nitrate ...
245
133. Inquiry into accident 134. Inquiry into more serious accidents CHAPTER XI ADMINISTRATIVE AND PENAL ACTIONS 135. Protection of action taken in good faith 136. Administrative action after inspection for violation 137. Communication of administrative action on grant of licence 138. Communication of administrative action on suspension or cancellation of licence 139. Repeal and savings SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV SCHEDULE V SCHEDULE VI SCHEDULE VII SCHEDULE VIII —————
THE AMMONIUM NITRATE RULES, 2012 245 246
247 247 247 249 249 249 250 250 250 252 252 253
254 254 254 255
255 255 257
(viii)
CONTENTS
Rule 23. Procedure on accidents to vehicles 24. CHAPTER VI PROVISION FOR POSSESSION, SALE OR USE OF AMMONIUM NITRATE 25. Possession in licensed premises 26. Quantity of Ammonium Nitrate to be purchased in a given period of time 27. Accountability and transaction of Ammonium Nitrate CHAPTER VII GRANT OR REFUSAL OF APPROVAL, LICENCE, AMENDMENT, TRANSFER AND RENEWAL 28. Authority issuing licences 29. Payment of Fees 30. Prior approval before construction of facilities 31. Application for grant of licence 32. Period of validity of licence 33. Documents to be submitted for seeking approval or licence 34. Procedure to be observed for issue of No Objection Certificate and grant of licence by the District Authority 35. Grant of a licence 36. Renewal of licence 37. Amendment of licence in respect of alteration or change in the premises or licensed capacity, but not involving change of name of licensee or partners or directors or members 38. Procedure for change of partners or directors or members or occupier 39. Refusal for approval, grant or amendment of licence 40. Refusal to renew a licence 41. Cancellation of No Objection Certificate 42. Suspension and revocation or cancellation of licence 43. Procedure on expiry, suspension or revocation or cancellation of licence 44. Provision for appeal 45. Procedure to be followed by the appellate authority 46. Procedure on death or disability of licence holder 47. CHAPTER VIII POWERS VESTED WITH AUTHORITIES 48. Power of officers to demand licence or pass 49. Executive control over authorities 50. Powers of search and seizure 51. Procedure on reports of infringement CHAPTER IX ACCIDENTS, INQUIRIES AND REPORTS 52. Notice of any loss or theft 53. Notice of accident 54. Procedure at Courts of inquiry 55. Inquiry into accident 56. Inquiry into more serious accidents CHAPTER X ADMINISTRATIVE ACTION 57. Protection of action taken in good faith 58. Administrative action after inspection for violation SCHEDULE I SCHEDULE II FORMS —————
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CONTENTS
(ix)
THE STATIC AND MOBILE PRESSURE VESSELS (UNFIRED) RULES, 2016 Rule
Page
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32-A. 32-B. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
CHAPTER I PRELIMINARY Short title and commencement Definition General exemptions Restriction on filling, manufacture and import of pressure vessels including fittings and vapouriser Restriction on delivery and despatch Repair and modification to pressure vessels Purging of pressure vessels used for flammable gases Prohibition of employment of children and intoxicated persons Supervision and Operation within the licensed premises Special precautions against accidents Procedure for payment of fees Procedure for grant and revocation of recognition to competent person and inspector CHAPTER II CONSTRUCTION AND FITMENTS OF PRESSURE VESSELS Design code Design pressure Design of vessels for gases at low temperature Filling capacity and filling pressure Markings and Painting of pressure vessels Fittings Periodic testing of pressure vessels in service Precautions to be observed in carrying out periodic test CHAPTER III STORAGE General Location of pressure vessels Foundations for pressure vessels Cleanliness and restriction of unauthorised person Earthing Fire protection Loading and unloading facilities Transfer operations Dispenser for auto LPG or auto LNG dispensing station Special provisions for filling fuel tanks of motor vehicles and unloading of tank-truck in auto LPG or auto LNG dispensing station Electrical apparatus and installations Classification of hazardous area for flammable gases Extent of hazardous area Certificate of safety CHAPTER IV TRANSPORT Application Vehicles for transport of compressed gas Design Protection of valves and accessories Equipment Vehicle design considerations Marking of vehicle Fire protection Operations Certificate of Safety Inspection and maintenance of vehicles
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(x)
CONTENTS
Rule
Page 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72.
CHAPTER V LICENSES Licence for storage of compressed gas Prior approval of specification and plans of vessels and premises proposed to be licensed No Objection Certificate Licence for transport of compressed gas Grant of licence Application for licence Period for which licences may be granted or renewed Power of licensing authority to alter conditions Prior approval necessary for alteration in the licensed premises Amendment and Transfer of licence Renewal of licence Refusal of licence Suspension and cancellation of licence Procedure on expiration, suspension or cancellation of licence Appeals Procedure on death or disability of licensee Loss of licence Display of information in licensed premises and production of licence on demand Compliance of instruction of licensing authority Procedure on reports of infringement Executive control over authorities CHAPTER VI EXEMPTIONS Powers to exempt CHAPTER VII ACCIDENTS AND INJURIES Recording of incidents and notice of accident Inquiry into accidents Inquiry into more serious accidents CHAPTER VIII POWERS Powers of inspection, search, seizure, detention and removal Protection of action taken in good faith Repeal and Savings APPENDIXES FORMS
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List of Amending Acts/Ordinance and Adaptation Orders 1. 2. 3. 4. 5. 6. 7.
Indian Ports Act, 1889 (10 of 1889) Amending Act, 1891 (12 of 1891) Repealing and Amendment Act, 1914 (10 of 1914) Repealing and Amendment Act, 1927 (10 of 1927) Government of India (Adaptation of Indian Laws) Order, 1937 Explosives (Amendment) Ordinance, 1945 (18 of 1945) Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 8. Adaptation of Laws Order, 1950 9. Part B States (Laws) Act, 1951 (3 of 1951) 10. Indian Explosives (Amendment) Act, 1952 (3 of 1952) 11. Indian Explosives (Amendment) Act, 1978 (32 of 1978) —————
THE EXPLOSIVES ACT, 1884* (4 OF 1884)1 [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, 2 [transport, import and export] of explosives; It is hereby enacted as follows:— Statement of Objects and Reasons—The object of this Bill is to provide a comprehensive law regulating the manufacture, keeping, sale, conveyance and importation of explosives throughout British India. The matter was first brought to the notice of the Government in connection with an application made by the agents of Nobel’s Explosives Company, Limited, for permission to import dynamite manufactured by the Company. The Government of Bombay, to whom the application was made, referred the question to a Committee, which reported that the expediency of allowing the importation into that Presidency of dynamite and other preparations of nitro-glycerine was doubtful. The Government of Bombay forwarded a copy of this report to the Government of India with a request that the importation of preparations of nitro-glycerine might be prohibited until further notice by a notification under the Sea Customs Act. Before complying with this request the Government of India thought it well to consult the Governments of Madras and Bengal. In reply, both Governments expressed an opinion that the importation of these explosives should not be forbidden. The Government of Bengal further submitted a draft set of rules to regulate the importation, package, transport and storage of dynamite and similar substances, together with a report which had been prepared by a Committee by the Lieutenant-Governor to consider the entire subject. This Committee, while recommending that the draft rules should be published as rules under the Indian Arms Act, 1878, suggested the enactment of a comprehensive Imperial Act of a similar nature to the English Explosives Act, 1875 (38 Vic., c. 17), which would in a convenient and compendious Code deal with the subject of explosives in its entirety and furnish the public, as well as Government officials, with an easy means of ascertaining their duties, responsibilities and powers respecting articles which by their inflammable, explosive or dangerous nature imperil the public safety. It appears to the Government of India that it would be an abuse of the powers conferred by the Indian Arms Act, 1878, to make rules of the nature of those submitted *This Act has been declared, under S. 3(a) of the Scheduled Districts Act 14 of 1874, to be in force in the Districts of Hazaribagh, Lohardaga (now called the Ranchi District—See Calcutta Gazette, 1899, Pt. I, p. 44). Palamau and Manbhum and in Pargana Dhalbhum and the Kolhan in the Singhbhum District of the Chota Nagpur Division—See Gazette of India, 1896, Pt. I, p. 972. It has been applied to the Sonthal Parganas under S. 3 of the Sonthal Parganas Settlement Regulation 3 of 1872, as amended by the Sonthal Parganas Laws Regulation 3 of 1886, and by S. 3 of Regulation 3 of 1899, and to Porahat Estate by Bihar Regulation 2 of 1946. It has been extended to Berar by the Berar Laws Act 4 of 1941. The Act has been extended to the Union territories of: (1) Goa, Daman and Diu by Regulation 12 of 1962, S. 3 and Sch. Goa is now a State, see Act 18 of 1987, S. 3 (w.e.f. 30-5-1987); (2) Dadra and Nagar Haveli by Regulation 6 of 1963, S. 2 and Sch. I; (3) Pondicherry by Regulation 7 of 1963, S. 3 and Sch. I (w.e.f. 1-10-1963) and (4) Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, S. 3 and Sch. These islands are now known as Lakshadweep, see Act 34 of 1973, S. 3. The Act has been extended to the State of Sikkim, see S.O. 208(E)/75, dated 16-5-1975 and enforced on 7-11-1992 vide S.O. 823(E), dated 7-12-1992, Gazette of India, Ext., Pt. II, S. 3(ii). 1. For the law relating to explosive substances, see also the Explosive Substances Act, 1908 (6 of 1908). 2. Substituted by Act 32 of 1978, S. 2, for “transport and importation” (w.e.f. 2-3-1983). (1)
2
EXPLOSIVES ACT, 1884
[PRE.
by the Bengal Committee under that Act. There are, no doubt, powers conferred by the Indian Arms Act which might, at first sight seem to authorise the making of such rules; but the object to which such rules are directed is altogether different from that of the Act. The object of the Arms Act was to enable the Government more effectually prevent arms and ammunition which term under section 4 includes gun-cotton, dynamite, lithofracteur and other fulminating substances from getting into the hands of persons who would make a bad use of them. In other words, the main object of that Act was to restrict the possession of arms and ammunition. But the main object of the rules prepared by the Bengal Committee is not restrictive. Their object is to protect the public against the dangerous nature of the explosives to which they relate by regulating all dealings with those explosives. If they are restricted, it is only so far as is necessary to carry out their protective object. Under these circumstances, it appears to the Government that the proposed rules could not properly be published under the Indian Arms Act, 1878. Nor does it appear that there is any other enactment, as the law at present stands, under which rules of the nature of those prepared by the Bengal Committee can be issued. Under the existing law, the only enactment relating to this subject are to be found in various fragmentary provisions dealing with gunpowder and fireworks only, which are in force in the Presidency towns and in certain municipalities and ports. It appears to the Government that it is unsatisfactory that the law should be in this state at a time when dynamite and other compounds of nitro-glycerine are rapidly taking the place of gunpowder in all works where blasting is necessary. Already these explosives have been used to a considerable extent in connection with various works undertaken both of the Government and by private enterprise throughout India; and it is only natural to suppose that, as their superiority to gunpowder becomes more widely known their use will increase. Under these circumstances, the suggestion of the Committee that an Act drawn on the model of the English Explosives Act, 1875, and dealing comprehensively with the whole subject of explosives should be added to the Indian Statute-book, recommends itself to the Government of India, as being the only satisfactory method of treating the subject. Accordingly the present Bill has been prepared. It embodies such of the provisions of the English Act as are in the opinion of the Government necessary in this country. In addition to the omission from the Bill of certain provisions of the English Act, the Bill further differs from that Act in that, in accordance with the well-recognized principle of Indian legislation, it confers powers on the Local Governments to provide by means of rules, adapted to the varying local circumstances of the provinces under their administration, for many points for which there are specific provisions in the body of the English Act. Amendment Act 32 of 1978—Statement of Objects and Reasons.—(1) The Indian Explosives Act, 1984 was enacted nearly a century ago when there were no indigenous manufacturers of high explosives in this country and only a few simpler type of explosive were manufactured. (2) After Independence many large and small companies began to manufacture high explosives. There was a general complaint from the industry that the Explosives Act, which was based on the old British pattern, was not adequate to meet the country’s growing requirements and resulted in difficulties for the industry. With a view to removing the shortcomings in the Indian Explosives Act and to obviate the difficulties experienced by the industry, the Government appointed in 1966 a Committee on Explosives to suggest ways and means for removal of the difficulties experienced in the working of the Act. This Committee submitted its Report suggesting a number of amendments to the Indian Explosives Act. These recommendations have been accepted by the Government. The more important amongst these recommendations are— (a) enlargement of the definition of “explosive” to include therein some modern explosives; (b) providing for variations of conditions of licenses granted under the Act or for suspension and revocation of the license, for appeals against the orders of the licensing authority; and
S. 4]
EXPLOSIVES ACT, 1884
3
(c) empowering the Central Government to exempt any person or class off persons from the provisions of the Act or the rules made thereunder. The main object of the Bill is to give effect to the recommendations of the Committee on Explosives. (3) Opportunity is also being taken to insert a provision in the Act for the laying of rules made under the Act before the Parliament in accordance with the recommendations of the Committee on Subordinate Legislation.
1. Short title.—(1) This Act may be called THE 1[* * *] EXPLOSIVES ACT, 1884; and (2) Local extent.—It extends to the whole of India 2[* * *]. 2. Commencement.—(1) This Act shall come into force on such date3 as the Central Government, by notification in the Official Gazette, appoints. 4 [* * *] 3. Repeal of portions of Act 12 of 1875.—[Repealed by the Indian Ports Act, 1889 (10 of 1889)5, section 2 and Schedule II.] 6 [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) 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, guncotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, trinitro-resorcinol (styphnic acid), cyclo-tri-methylene-tri-nitramine, pentaerythritol-tetranitrate, tetryl, nitro-guanidine, lead azide, lead styphynate, fulminate of mercury or any other metal diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause; 1. The word “Indian” omitted by Act 32 of 1978, S. 3 (w.e.f. 2-3-1983). 2. The words and letter “except Part B States” omitted by Act 3 of 1951, S. 3 and Sch. (w.e.f. 1-4-1951). 3. Brought into force on 1-7-1887. 4. Sub-S. (2) repealed by Act 12 of 1891, S. 2 and Sch. I. 5. Repealed by the Indian Ports Act, 1908 (15 of 1908). 6. Substituted by Act 32 of 1978, S. 4, for S. 4 (w.e.f. 2-3-1983).
4
EXPLOSIVES ACT, 1884
[S. 5
(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.] COMMENTS Liquid petroleum gas compressed in metal cylinders, is covered by the expression “explosive” as defined in the Explosives Act and the Rules made thereunder: Pradeep Kumar v. Chief Controller of Explosives A.I.R. 1976 All. 266.
5. Power to make rules as to licensing of the manufacture, possession, use, sale, 1[transport, import and export] of explosives.—(1) The Central Government may, for any part of 2[India] 3[* * *] make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by those rules, the manufacture, possession, use, sale, 1[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 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 applications for licenses must be made, and the matters to be specified in such applications; 1. Substituted by Act 32 of 1978, S. 5, for “transport and importation” (w.e.f. 2-3-1983). 2. Substituted by Act 3 of 1951, S. 3 and Sch., for “Part A States and Part C States” (w.e.f. 1-4-1951). 3. 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 A.O. 1937.
S. 5-A]
EXPLOSIVES ACT, 1884
5
(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 6-F, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded; (eea) the total quantity of explosives that a licensee can purchase in a given period of time; (eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives;] (f) the exemption absolutely or subject to conditions of any explosives 2 [or any person or class of persons] from the operation of the rules. 3 [* * *] COMMENTS If Cl. (a) and Cl. (b) are read widely so as to cover every activity which might take place on the premises, Cl. (c) would be rendered redundant. This is not a permissible way of reading statutes. It will be noticed that the Legislature regards an offence under Cl. (a) of S. 5(3) to be more serious than one under Cl. (b) and an offence under Cl. (b) to be more serious than one under Cl. (c). Further, the rules are many; some regulate minor matters, and it would be absurd to treat the breach of every rule to be a breach of Cl. (a) or Cl. (b): Mohd. Usman v. State of Bihar A.I.R. 1968 S.C. 1273. If there is a breach of a rule, it has to be ascertained in each case whether the rule or part of it relates to activities mentioned in Cl. (a) of S. 5(3) or Cl. (b) of S. 5(3). If it does not relate to any of the activities mentioned in Cl. (a) or Cl. (b) of S. 5(3), the breach of the rule would fall under Cl. (c) of S. 5(3): Mohd. Usman v. State of Bihar A.I.R. 1968 S.C. 1273. There is no finding or evidence that the four minors were engaged to manufacture or were taking part in the manufacture of fire-works. Held, no offence under S. 5(3) of the Explosives Act is made out: Mohd. Usman vs State of Bihar A.I.R. 1968 S.C. 1273. 4 [5-A. Persons already in business in respect of certain explosives to carry on such business without license 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 license 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 license 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 license 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 Act 32 of 1978, S. 5 (w.e.f. 2-3-1983). 2. Inserted by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983). 3. Sub-S. (3) omitted by Act 32 of 1978, S. 5 (w.e.f. 2-3-1983). 4. Inserted by Act 32 of 1978, S. 6 (w.e.f. 2-3-1983).