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 Central Government may, from time to time, by notification in the 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
Central Government, it is expedient for the public safety to issue the notification ; 4***.
5
* * * * *
6
[
(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 art icle the
importation of which is prohibited or regulated thereunder and the vessel, carriage or aircraft
containing such article.].
7
* * * * *
8
[6A. 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,—
1. Ins. by Act 32 of 1978, s. 5 (w.e.f. 2-3-1983).
2. Sub-section
(3) omitted by s. 5, ibid. (w.e.f. 2-3-1983).
3. Ins. by s. 6, ibid. (w.e.f. 2-3-1983).
4. The word “and” and cl.
(b) rep. by Act 10 of 1914, s. 3 and II Schedule.
5. Cl
(b) rep. by s. 3 and the Second Schedule, ibid.
6. Subs. by Act 32 of 1978, s. 7, for sub-section
(2)(w.e.f. 2-3-1983).
7. Sub-section
(3) omitted by s. 7, ibid. (w.e.f. 2-3-1983).
8. Ins. by s. 8, ibid. (w.e.f. 2-3-1983).
4
(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 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
behaviour, at any time during the term of the bo nd., 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.
6B. 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.
(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 license 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 licensing authority is satisfied that the person
by whom licence is required has a good reason for obtaining the same.
6C. Refusal of licences.—
(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 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
(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.
5
(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.
6D. Licensing authority competent to impose conditions in addition to prescribed
conditions.—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. Variation, suspension and revocation of licences.—
(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 of licence by notice in writing to deliver-up the licence to it within
such time asmay 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, import or export
any explosive, or is of unsound mind, or is for any reason unfit for a licence under this Act; ot
(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 convicting 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) mayalso 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. 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
6
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 agianst 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 1*** may make rules consistent with this Act authorising any
officer, either by name or in virtue of his office.—
(a) to enter, inspect and examine 2 [any place, aircraft, carriage or vessel] in which an
explosive is being manufactured, possessed, used, sold, 3 [transported, imported or exported]
under a license granted under this Act, or in which he has reason to believe that an explosive has
been or is being manufactured, possessed, used, sold, 3[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
4
[
(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 5[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 authorised by rules under
this section.
8. Notice of accidents. 6[
(1)] Whenever there occurs in or about, or in connection with, any place
in which an explosive is manufactured, possessed or used, or 7[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
1.The words “or the Local Government with the previous sanction of the Governor-General in Council” omitted by the A.O.
1937.
2. Subs. by Act 32 of 1978, s. 9, for “any place, carriage or vessel” (w.e.f. 2 -3-1983).
3. Subs. by s. 9, ibid., for “transported or imported” (w.e.f. 2-3-1983).
4. Subs. by s. 9, ibid., for clause
(d) (w.e.f. 2-3-1983).
5. Subs. by s. 9, ibid., for “Code of Criminal Procedure (10 of 1882)” (w.e.f. 2-3-1983).
6. s. 8 renumbered as sub-section
(1) thereof by ord. No.18 of 1945, s. 2.
7. Subs. by Act 32 of 1978, s. 10, for “any carriage or vessel” (w.e.f. 2 -3-1983).
7
description usually attended with such loss or injury, the occupier of the place, or 1[the master of the
aircraft or vessel], or the person in charge of the carriage, as the case may be, shall 2[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 3[Chief Controller of Explosives] and] to the officer in charge of the
nearest police-station.
4
* * * * *
5
[9. Inquiry into accidents.—
(1) Where any accident such as is referred to in section 8 occurs
in or about or in connection with 6[any place, aircraft, carriage or vessel] under the control of any
of 7[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 8* * *shall, in cases attended by loss of human 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 9[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 purposes 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 10 [Chief Controller of Explosives] to be present or represented at any such
inquiry;
(c) to permit the 10[Chief Controller of Explosives] or his representative to examine any
witnesses at the inquiry;
(d) to provide that where the 10[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 notices referred to in section 8
shall be given.
9A. Inquiry into more serious accidents.—
(1) The Central Government may, where it is of
opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry or more
formal character should be held into the causes of an accident such as is referred to in section 8, appoint
the 11[Chief Controller of Explosives] or any other competent person to hold such inquiry, and may also
appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(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 (5 of 1908), for the purposes of enforcing the
attendance of witnesses and compelling the production of documents and material objects; and every
1. Subs. by s. 10, ibid., for “the master of vessel” (w.e.f. 2-3-1983).
2. Subs. by Act 18 of 1945, s. 2, for “forthwith give notice thereof”.
3. Subs. by Act 32 of 1978, s. 10, for “Chief Inspector of Explosives in India” (w.e.f. 2 -3-1983).
4. Sub-section
(2) omitted by s. 10, ibid. (w.e.f. 2-3-1983).
5. Subs. by Act 18 of 1945, s. 3, for s. 9.
6. Subs. by Act 32 of 1978, s. 11, for “any place, carriage or vessel” (w.e.f. 2 -3-1983).
7. Subs. by s. 11, ibid.,for “the Indian Forces” (w.e.f. 2-3-1983).
8. The brackets and words “(or in a Presidency-town, the Commissioner of Police)” omitted by s. 11, ibid. (w.e.f. 2-3-
1983).
9. Subs. by s. 11, ibid.,for “Code of Criminal Procedure, 1898” (w.e.f. 2 -3-1983).
10. Subs. by s. 11, ibid.,for “Chief Inspector of Explosives in India” (w.e.f. 2-3-1983).
11. Subs. by s. 12,ibid.,for “Chief Inspector of Explosives in India” (w.e.f. 2 -3-1983).
8
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 18 60).
(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 the 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 circumstances, and adding any observations
which he or any of the assessors may think fit to make; and the Central Gov ernment 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 inquiries under this
section.]
1
[9B. Punishment for 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 exports any explosive shall he 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
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 ease 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 6A; 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 term 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 term which may
extend to three months or with fine or with both.
9C. 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
t6 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.
1. Ins. by Act 32 of 1978, s. 13.
9
(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 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 or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—Forthe purposes of this section,—
(a) “company”means any bodycorporate, 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 the explosive, or
ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed,
or any 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 the 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 explosion 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
authorised by the occupier of, that place, or by any agent or servant of, or other person authorised
by, the railway administration or 3[conservator of 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.
4
[14. Saving and power to exempt.—
(1) Nothing in this Act, except sections 8,9 and 9A shall apply
to the manufacture, possession, use, transport or importation of any explosive—
(a) by any of the 5[Armed Forces of the Union, and ordnance factories or other establishments of
such Forces] in accordance with rules or regulations made by 6***the Central Government;
(b) by any person employed under 7[the Central Government or under a State Government] in
execution of this Act.
1. Subs. by Act 32 of 1978, s. 14, for s. 11 (w.e.f.2 -3-1983).
2. Subs. by s, 15, ibid., for “ship or boat” (w.e.f. 2-3-1983).
3 . Subs. by s. 15, ibid., for “c onservator of the port” (w. e.f. 2 -3-1983).
4. Subs. by Act 18 of 1945, s. 4, for s. 14.
5. Subs. by Act 32 of 1978, s. 16, for “Indian Forces” (w.e.f. 2 -3-1983).
6. The words “His Majesty's Government in the United Kingdom or” omitted by the A.O. 1950.
7. Subs. by the A.O. 1948, for “any Government in British India” .
10
(2) 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, 1 [any explosive and any person or cl ass of
per sons f r om al l or any of t he pr ovi si ons of t hi s Act or t he r ul es made t her eunder .]
15. Saving of Arms Act, 1959. —Nothing in this Act shall affect the provisions of
the 2[Arms Act, 1959 (4 of 1959)]:
Provided that an authority granting a license under th is Act for the manufacture,
possession, sale, transport or importation of an explosive may, if empowered in this
behalf by the rules under whi ch the license is granted, direct by an order written on the
license that it shall have the effect of a like license granted under the said 3*** Arms
Act, 1959 (4 of 1959) .
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 than th at
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 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.
[17A. Power to delegate. —The Central Government may, b y notification in the
4
Official Gazette, direct that any power or functio n which may be exercised 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 subject 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 Government, or
(b) such State Government or such officer or authority subordinate to the State
Government.]
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 for the information of persons likely to be affected thereby.
(2) The publication shall be made in such manner as th e Central Government, from
time to time, by notification in the Official Gazette prescribes.
(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 au
