REGISTERED No. D-(P)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 33]

NEW DELHI, FRIDAY, AUGUST 18, 1978/SRAVANA 27, 1900

Separate paging is given to this Part in order that it may be filed

as a separate compilation

4 of 1884.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 18th August, 1918 /Sravana 27, 1900 (Saka)

The following Act of Parliament received the assent of the President

on the 18th August, 1978, and is hereby published for general informa-

tion : —

THE INDIAN EXPLOSIVES (AMENDMENT) ACT, 1978

No. 32 OF T978

[18th August, 1978.]

An Act further to amend the Indian Explosives Act, 1884.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic

of India as follows: —

1. (1) This Act may be called the Indian Explosives (Amendment)

Act, 1978.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. In the long title of, and the preamble to, the Indian Explosives Act,

1884 (hereinafter referred to as the principal Act), for the words "trans-

port and importation", the words "transport, import and export" shall be

substituted.

3. In section 1 of the principal Act, in sub-section (1), the word

"Indian" shall be omitted.

4. For section 4 of the principal Act, the following section shall be

substituted, namely: —

'4. In this Act, unless the context otherwise requires.—

(a) "aircraft." means any machine which can derive sup-

port in the atmosphere from the reactions of the air, other than

Short

title

and

com-

mence-

ment.

Amend-

ment of

long

title and

pream-

ble.

Amend-

ment of

section 1.

Substitu-

tion of

new sec-

tion for

section 4.

Definitions.

3 9 3 )

394

THE GAZETTE OF INDIA EXTRAORDINARY

[PART

II-

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;

Commissioner of Police has been appointed, means the Commis-

sioner of Police thereof and includes—

(a) any such Deputy Commissioner of Police, exercis-

ing 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, nitro-

glycol, gun-cotton, di-nitro-toluene, trl-nitro-tolueno, picric acid,

di-nitro^phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trime-

thylene-trinitramine, penta-erythritoil-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 manufac-

tured 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 ex-

plosive as denned in this clause;

(e) "export" means taking out of India to a place outside

India by land, sea or air;

(f) "import" means to brin^" into India from a place outside

India by land, sea or air;

(g) "master",—

(a) in relation to any v^sel

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

nrocess 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 mnde under this

Act;

SEC. 1]

THE GAZETTE; OF INDIA EXTRAORDINARY

395

0) "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.'.

H. In section 5 of the principal Act,—

(d) in sub-section (1), for the words "transport and importation",

the words "transport, import and export" shall be substituted;

(b) in sub-section (2),—

(i) in clause (e), the word "and" shall be omitted}

(ii) after clause (e), the following clauses shall be la*

serted, npmely: —

"(ee) the authority to which appeals may be preferred

under section 6F, the procedure to be followed by such autho-

rity and the period within which appeals shall be pre-

ferred, 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 Gjfflcer authorised by him in this behalf,

for services rendered in connection with the manufacture,

transport, import or export of explosives;";

(iii) in clause (f), after the words "any explosives", the

words "or any person or class of persons" shall be inserted;

8. After section 5 of the principal Act, the following section shall be

Inserted, namely: —

"5A. 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 explosive (for which no licence was required under this Act be-

fore 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 com-

mencement; 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, untii ihe fin&l dis-

posal of his application

whichever is later.".

Amend-

ment of

section 5.

Inser-

tion of

new eee-

tion 0A.

Persons

already

in busi-

ness in

respect of

certain

explosives

to carry

on such

business

without

licence for

a certain

period.

396

THE GAZETTE OS INDIA EXTRAORDINARY

[PART

I t -

Amend-

ment of

section 6.

Insertion

of new-

sections

6A, 6B,

6C, 6D,

6E and

6F.

Prohibi-

tion of

manufac-

ture, pos-

session,

sale or

transport

of explo.

sives by

young

persona

and

certain

other

persons.

7. In section 6 of the principal Act,—

(a) for sub-section (2), the following sub-section shall be substi-

tuted, namely: —

" (2) The Customs Act, 1962 shall have effect In relation to

any explosive with regard to the importation of which a notifica-

tion 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.";

(b) sub-section (3) shall be omitted.

8. After section 6 of the principail Act, the following sections shall be

inserted, namely: —

"6A. Notwithstanding anything in the foregoing

provisions of

this Act,—

(a) no person,—

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

(it) who has been sentenced on conviction of any offenc«

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

(Hi) who has been ordered to execute under Chapter Vill

of the Code of Criminal Procedure, 1973, a bond for keeping

the peace ar for good behaviour, at any time during the term

of the bond, or

(iv) whose licence under this Act has been cancelled,

whether before or after the commencement of the Indian

Explosives (Amendment) Act, 1978, 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 can-

cellation of such licence,

shall,—

(1) manufacture, sell, transport, import or export any

explosive, or

(2) possess any such explosive as the Central Govern-

ment may, having regard to the nature thereof, by notifi-

cation 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

52 of 1962.

2 of 1974.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

397

(ii) to be of unsound mind.

6B. (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.

(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

Tby 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 technical know-how and

experience; or

(b) where it is required for any other purpose, if the licen-

sing authority is satisfied that the person by whom licence is

required has a good reason for obtaining the same.

6C. (1) Notwithstanding anything contained in section 6Bf the

licensing authority shall refuse to grant a licence—

(a) where such licence is required in respect of any prohi-

bited 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 any explosive, or

(ii) to be of unsound mind, or

(in) to be for any reason unfit for a licence under this

Act; or

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.

Grant of

licences.

6C. (1) Notwithstanding anything contained in section 6Bf the

Refusal

licences.

398

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Licensing

authority

competent

to impose

conditions

in addi-

tion to

prescrib-

ed condi-

tions.

Variation,

suspen-

sion and

revoca-

tion of

licences.

6D. A licence granted under section 6B may contain In addition

to prescribed conditions such other conditions as may be considered

necessary by the licensing authority in any particular case.

6E. (1) The licensing authority may vary the conditions subject

to which a licence has been granted except such of them as have

been prescribed and may for that purpose require the holder 01

licence by notice in writing to deliver-up the licence to it within

such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder

of a licence, also vary the conditions of the licence except such of

them as have been prescribed.

(3) The licensing authority may, by order in writing, suspend

a licence for such period as it thinks fit or revoke a licence,—

(a) if the licensing authority is satisfied that the holder of

the licence is prohibited by this Act or by any other law for the

time being in force to manufacture, possess, sell, transport, im-

port or export any explosive, or is of unsound mind, or is for any

reason unfit for a licence under this Act; or

(b) if the licensing authority deems it necessary for

the

security of the public peace or for public safety to suspend or

revoke the licence; or

rial 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 contra-

vened; 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 writ-

ing the reasons therefor and furnish to the holder of the licence on

demand a brief statement of the same unless in any case the licens-

ing authority is of the opinion that it will not bo in the public inte-

rest to furnish such statement.

(6) A court convicting the holder of r. licence of any

offence

under this Act or the rules made thereunder may also suspend or

revoke a licence:

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

399

Provided that if the conviction is set aside on appeal or other-

wise, 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.

6F. (1) Any person aggrieved by an order of the licensing autho-

rity 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 b : admitted if it is preferred after the

expiry of the period prescrib -d thcref'o] :

Provided that an appeal may be admitted after the expiry of

the period prescribed th refor 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, 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 pres-

cribed.

(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 autho-

rity 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, modi-

fying or reversing the order appealed against shall be final.".

36 ef 1983.

Appeals.

4oo

TIJF GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amend,

ment of

section 7.

9. In section 7 of the principal Act,—

(a) in sub-section (1),—

(i) in clause (a),—

(1) for the words "any place, carriage or vessel", the

words

"any place, aircraft,

carriage or vessel" shall be

substituted;

(2) for the words "transported or imported", wherever

they occur, the words "transported, imported or exported"

shall be substituted;

(ii) for clause (d), the following clause shall be substituted,

namely: —

" (d) to seize, detain and remove any explosive or ingre-

dient thereof found therein and, if necessary, also destroy

such explosive or ingredient.";

(b) in sub-section (2), for the words "Code of Criminal Proce-

dure", the words and figures "Code of Criminal Procedure, 1973"

shall be substituted.

10. In section 8 of the principal Act,—

(a) in sub-section (I),—

(i) for the words "any carriage or vessel", the words "any

aircraft, carriage or vessel" shall be substituted;

(ii) for the words "the master of the vessel", the words "the

master of the aircraft or vessel" shall be substituted;

(Hi) for the words "Chief Inspector of Explosives in India".

the words "Chief Controller of Explosives" shall be substituted;

(b) sub-section (2) shall be omitted.

11. In section 9 of the principal Act,—

(a) in sub-section (1),—

(i) for the words "any place, carriage or vessel", the words

"any place, aircraft, carriage or vessel" shall be substituted;

(ii) for the words "the Indian Forces", the words "Armed

Forces of the Union" shall be substituted;

(Hi) the brackets and words "(or in a Presidency-town,

the

Commissioner of Police)" shall be omitted;

(b) in sub-section (2), for the words and figures "Code of Crimi-

nal Procedure, 1898", the words and figures "Code of Criminal Pro-

cedure, 1973" shall be substituted;

"Chief Inspector of Explosives in India", the words "Chief

Con-

troller of Explosives" shall be substituted,

2 of 1974.

Amend-

ment of

section 8

Amend-

ment of

section 9.

3 of 1898.

2 of 1974.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

4 0 1

Amend-

ment of

section 9A.

12. In section 9A of the principal Act, in sub-section (1), for the

words "Chief Inspector of Explosives in India", the words "Chief Con-

troller of Explosives" shall be substituted.

13. After section 9A of the principal Act, the following sections shall

bo inserted, namely:-—

"9B. (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 imprisonment for a term which may extend

to three years, or with fine which may extend to five thousand

rupees, or with both;

(fc>) 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

thousand rupees.

(2) Whoever in contravention

of a notification issued under

section 6 manufactures, possesses o<r 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 pos-

sesses any explosive in contravention of the provisions of clause

(a) of section 6A; or

(b) sells, delivers or despatches any explosive in contraven-

tion of the provisions of clause (b) of that section,

shall be punishable with imprisonment for a term which may extend

to three years or with fine or with both; or

give notice of any accident shall be punishable,—

(i) with fine which may extend to five hundred rupees,

Insertion

of new

sections

9B and

9C.

Punish-

ment for

certain

offences.

402

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) if the accident is attended by loss of human life,

with imprisonment for a term which may extend to three

months °r with fine or with both,

9C. (I) Whenever an offence under this Act has been commit-

ted by a company, every person who at the time the offence waa

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 prov-

es 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 an offence under this Act has been committed by a company

and it is proved that the offence has been committed with the con-

sent 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 or other officer shall also be deem-

ed 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.".

14. For section 11 of the principal Act, the following section shall be-

substituted, namely: —

"11. Where the owner or master of any aircraft or vessel is ad-

judged 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 furni-

ture, 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 the fine.".

Offence!

by com-

panies.

Substitu-

tion

of new

section

for sec-

tion 11.

Distress

of air-

craft or

vessel.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

403

15. In section 13 of the principal Act,—

(a) far the words "ship or boat", the words "aircraft or vessel"

shall be substituted;

(b) for the words "conservator of the port", the words "conser-

vator of the port or officer in charge of the air part" shall be sub-

stituted.

16. In section 14 of the principal Act,—

(a) in clause (a) of sub-section (I), for the words "Indian

Forces", the words "Armed Forces of the Union, and Ordnance fac-

tories or other establishments of such Forces" shall be substituted;

(b) in sub-section (2), for the words "any explosive from all or

any of the provisions of this Act", the words "any explosive and any

person or class of persons from all or any of the provisions of this

Act or the rules made thereunder" shall be substituted.

17. In section 15 of the principal Act,—

(a) for the words and figures "Indian Arms Act, 1878", the words

and figures "Arms Act, 1959" shall be substituted;

(b) in the proviso, the word "Indian" shall be omitted.

18. After section 17 of the principal Act, the following section shall

be inserted, namely: —

"I7A. The Central Government may, by notification in the Offi-

cial Gazette, direct that any power or function which may be exer-

cised or performed by it under this Act other than the power under

sections 5, 6, 6A, 14 and 17 may, in relation to such matters and sub-

ject to such conditions, if any, as it may specify in the notification,

be exercised or performed also by—

(a) such officer or authority subordinate to the Central Gov-

ernment, or

(b) such State Government or such officer

authority

subordinate to the State Government".

19. In section 18 of the principal Act, after sub-section (7), the fol-

lowing sub-section shall be inserted, namely: —

"(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

Amend-

ment of

section 13.

Amend-

ment of

•ection

14.

11 of 1878.

84 of 1099.

Amend-

ment Of

section

15.

Insertion

of new

section

17 A.

Power to

delegate.

Amend-

ment of

section

18.

404

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 1]

successive sessions aforesaid, both Houses agree in making any modi-

fication 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.".

S. HARIHARA IYER,

Secy, to the Govi, of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1978