Explosives Act, 1884 One Liner Notes

THE EXPLOSIVES ACT, 1884

PREAMBLE

What is the subject matter of the Explosives Act, 1884?

Regulation of the manufacture, possession, use, sale, transport, import and export of explosives.

What is the Act number of the Explosives Act, 1884?

Act No. 4 of 1884.

On what date was the Explosives Act, 1884 enacted?

26th February, 1884.

Why was the Explosives Act, 1884 enacted?

To regulate the manufacture, possession, use, sale, transport, import and export of explosives.

What is the subject matter of Section 1?

Short title.

What is the short title of the Act?

The Explosives Act, 1884.

What is the local extent of the Explosives Act, 1884?

It extends to the whole of India.

What is the subject matter of Section 2?

Commencement.

Who appoints the date of commencement of the Explosives Act, 1884?

The Central Government.

How does the Central Government appoint the date of commencement of the Explosives Act, 1884?

By notification in the Official Gazette. (1st July, 1887)

When does the Explosives Act, 1884 come into force?

On the day appointed by the Central Government by notification in the Official Gazette.

What is the subject matter of Section 3?

Repeal of portions of Act 12 of 1875.

What is the status of Section 3?

Repealed by section 2 and the Second Schedule to the Indian Ports Act, 1889 (Act 10 of 1889).

What is the subject matter of Section 4?

Definitions.

What does "aircraft" mean under Section 4?

Any machine deriving support in the atmosphere from reactions of the air other than against the earth's surface, and includes balloons, whether fixed or free, airships, kites, gliders and flying machines.

What does "carriage" include under Section 4?

Any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, however propelled.

Who is the "District Magistrate" where a Commissioner of Police has been appointed?

The Commissioner of Police.

Who may be included within the expression "District Magistrate" in an area where a Commissioner of Police has been appointed?

A Deputy Commissioner of Police exercising jurisdiction over the whole or any part of the area as specified by the State Government, and an Additional District Magistrate.

What is included in the definition of "explosive" under Section 4?

Gunpowder, nitroglycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene-trinitramine, penta-erythritol-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, whether solid, liquid or gaseous, used or manufactured to produce a practical effect by explosion or pyrotechnic effect.

What articles are included within the definition of "explosive" under Section 4?

Fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive.

What does "export" mean under Section 4?

Taking out of India to a place outside India by land, sea or air.

What does "import" mean under Section 4?

Bringing into India from a place outside India by land, sea or air.

Who is the "master" in relation to a vessel or aircraft?

Any person, other than a pilot, harbour master, assistant harbour master or berthing master, having for the time being the charge or control of the vessel or aircraft.

Who is the "master" in relation to a boat belonging to a ship?

The master of that ship.

What does "manufacture" in relation to an explosive include under Section 4?

Dividing the explosive into its component parts, otherwise breaking up or unmaking it, making fit for use any damaged explosive, and re-making, altering or repairing the explosive.

What does "prescribed" mean under Section 4?

Prescribed by rules made under the Act.

What does "vessel" include under Section 4?

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.

What is the subject matter of Section 5?

Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives.

Who may make rules under Section 5?

The Central Government.

For what area may the Central Government make rules under Section 5?

For any part of India.

What must be the nature of rules made under Section 5?

They must be consistent with the Act.

What may the Central Government regulate or prohibit by rules under Section 5?

The manufacture, possession, use, sale, transport, import and export of explosives or any specified class of explosives.

When may the manufacture, possession, use, sale, transport, import or export of explosives be permitted under Section 5?

Only under and in accordance with the conditions of a licence granted as provided by the rules.

What authority may rules under Section 5 prescribe?

The authority by which licences may be granted.

What fees and sums may rules under Section 5 prescribe?

Fees for licences and other sums payable by applicants towards expenses.

What may rules under Section 5 prescribe regarding licence applications?

The manner of making applications and the matters to be specified therein.

What may rules under Section 5 prescribe regarding licences?

The form of licences and the conditions subject to which they are granted.

What may rules under Section 5 prescribe regarding the duration of licences?

The period for which licences remain in force.

What may rules under Section 5 prescribe regarding appeals under Section 6F?

The appellate authority, the procedure to be followed, the period for preferring appeals, the fees payable and the circumstances in which such fees may be refunded.

What may rules under Section 5 prescribe regarding the purchase of explosives by a licensee?

The total quantity of explosives that a licensee may purchase within a given period.

What fees may rules under Section 5 prescribe for services relating to explosives?

Fees chargeable by the Chief Controller of Explosives or an officer authorised by him for services connected with the manufacture, transport, import or export of explosives.

What exemptions may rules under Section 5 provide?

Absolute or conditional exemption of any explosives or any person or class of persons from the operation of the rules.

What is the subject matter of Section 5A?

Persons already in business in respect of certain explosives to carry on such business without licence for a certain period.

What is the overriding effect of Section 5A?

It operates notwithstanding anything contained in Section 5 or the rules made thereunder.

Who is entitled to the benefit of Section 5A?

A person who, immediately before the commencement of the Indian Explosives (Amendment) Act, 1978, was carrying on the business of manufacture, sale, transport, import or export of any explosive for which no licence was required before the amendment.

For how long may an eligible person continue business without a licence under Section 5A?

For three months from the commencement of the Indian Explosives (Amendment) Act, 1978.

What is the effect if an application for licence is made before the expiry of the three-month period under Section 5A?

The person may continue the business without a licence until the final disposal of the application.

Until when can a person continue business without a licence under Section 5A?

Until the later of the expiry of three months from the commencement of the Indian Explosives (Amendment) Act, 1978, or the final disposal of the licence application made within that period.

What is the subject matter of Section 6?

Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives.

What is the overriding effect of Section 6(1)?

It operates notwithstanding anything contained in the rules made under Section 5.

Who may prohibit the manufacture, possession or importation of specially dangerous explosives under Section 6?

The Central Government.

How may the Central Government exercise its power under Section 6(1)?

By notification in the Official Gazette.

What may the Central Government prohibit under Section 6(1)?

The manufacture, possession or importation of any explosive.

Can the prohibition under Section 6(1) be absolute or conditional?

Yes, it may be absolute or subject to conditions.

On what ground may the Central Government issue a notification under Section 6(1)?

Where the explosive is of so dangerous a character that, in the opinion of the Central Government, it is expedient in the interest of public safety to issue the notification.

What is the effect of the Customs Act, 1962 on explosives covered by a notification under Section 6?

The Customs Act, 1962 applies to such explosives as it applies to articles whose import is prohibited or regulated under that Act.

How does the Customs Act, 1962 apply to a vessel, carriage or aircraft containing explosives covered by a notification under Section 6?

It applies as it applies to a vessel, carriage or aircraft containing an article whose import is prohibited or regulated under the Customs Act, 1962.

What is the subject matter of Section 6A?

Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons.

What is the overriding effect of Section 6A?

It operates notwithstanding anything contained in the foregoing provisions of the Act.

Who is prohibited from manufacturing, selling, transporting, importing or exporting explosives under Section 6A?

A person who has not completed eighteen years of age.

Who is prohibited from manufacturing, selling, transporting, importing or exporting explosives after conviction under Section 6A?

A person sentenced on conviction for an offence involving violence or moral turpitude to imprisonment for not less than six months, during five years after the expiration of the sentence.

Who is prohibited from manufacturing, selling, transporting, importing or exporting explosives while bound over under the Bharatiya Nagarik Suraksha Sanhita, 2023.

A person ordered under Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, to execute a bond for keeping the peace or for good behaviour, during the term of the bond.

Who is prohibited from manufacturing, selling, transporting, importing or exporting explosives after cancellation of licence under the Act?

A person whose licence under the Act has been cancelled for contravention of the Act or the rules, during five years from the date of cancellation.

Does Section 6A apply where the licence was cancelled before the commencement of the Indian Explosives (Amendment) Act, 1978?

Yes.

What possession of explosives is prohibited for persons specified in Section 6A(a)?

Possession of such explosives as the Central Government may, having regard to their nature, specify by notification in the Official Gazette.

How does the Central Government specify explosives whose possession is prohibited under Section 6A(a)?

By notification in the Official Gazette having regard to the nature of the explosives.

To whom is the sale, delivery or despatch of explosives prohibited under Section 6A(b)?

A person whom the seller knows or has reason to believe is prohibited under Section 6A(a) from manufacturing, selling, transporting, importing, exporting or possessing such explosive.

Can explosives be sold, delivered or despatched to a person of unsound mind under Section 6A?

No.

What degree of knowledge is required to attract the prohibition under Section 6A(b)?

The seller must know or have reason to believe, at the time of the sale, delivery or despatch, that the recipient is prohibited under Section 6A(a) or is of unsound mind.

What is the subject matter of Section 6B?

Grant of licences.

Who considers an application for licence under Section 6B?

The licensing authority prescribed by the rules made under Section 5.

What inquiry may the licensing authority make before deciding a licence application under Section 6B?

Such inquiry, if any, as it considers necessary.

To what are the powers of the licensing authority under Section 6B subject?

The other provisions of the Act.

How shall the licensing authority decide an application for licence under Section 6B?

By a written order granting or refusing the licence.

When shall the licensing authority grant a licence for the manufacture of explosives?

When satisfied that the applicant possesses the required technical know-how and experience in the manufacture of explosives.

Can a licence for manufacture of explosives be granted if the applicant does not personally possess technical know-how and experience?

Yes, if the applicant has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience.

When shall the licensing authority grant a licence for a purpose other than manufacture of explosives?

When satisfied that the applicant has a good reason for obtaining the licence.

What is the subject matter of Section 6C?

Refusal of licences.

What is the overriding effect of Section 6C(1)?

It operates notwithstanding anything contained in Section 6B.

When shall the licensing authority refuse to grant a licence under Section 6C?

Where the licence is required in respect of a prohibited explosive.

When shall the licensing authority refuse to grant a licence on the ground of statutory prohibition?

Where it has reason to believe that the applicant is prohibited by the Act or any other law for the time being in force from manufacturing, possessing, selling, transporting, importing or exporting any explosive.

When shall the licensing authority refuse to grant a licence on the ground of mental condition?

Where it has reason to believe that the applicant is of unsound mind.

When shall the licensing authority refuse to grant a licence on the ground of unfitness?

Where it has reason to believe that the applicant is for any reason unfit for a licence under the Act.

When may the licensing authority refuse to grant a licence in the interest of public order or safety?

Where it deems such refusal necessary for the security of the public peace or for public safety.

What is the duty of the licensing authority when refusing to grant a licence?

It shall record in writing the reasons for the refusal.

Is the applicant entitled to a statement of reasons for refusal of a licence?

Yes, the licensing authority shall furnish a brief statement of the reasons on demand.

When may the licensing authority decline to furnish a brief statement of reasons for refusal?

When it is of the opinion that furnishing the statement would not be in the public interest.

What is the subject matter of Section 6D?

Licensing authority competent to impose conditions in addition to prescribed conditions.

What conditions may a licence granted under Section 6B contain?

The prescribed conditions and such other conditions as the licensing authority considers necessary in the particular case.

Who may impose conditions in addition to the prescribed conditions on a licence under Section 6D?

The licensing authority.

When may the licensing authority impose additional conditions under Section 6D?

Where it considers such conditions necessary in the particular case.

What is the subject matter of Section 6E?

Variation, suspension and revocation of licences.

Who may vary the conditions of a licence under Section 6E?

The licensing authority.

Which licence conditions may be varied by the licensing authority under Section 6E(1)?

Any conditions other than the prescribed conditions.

How may the licensing authority require variation of licence conditions under Section 6E(1)?

By written notice requiring the licence holder to deliver up the licence within the time specified in the notice.

Can the conditions of a licence be varied on the application of the licence holder?

Yes, the licensing authority may vary the conditions, except the prescribed conditions, on the application of the licence holder.

Who may suspend or revoke a licence under Section 6E(3)?

The licensing authority by order in writing.

For what period may the licensing authority suspend a licence under Section 6E(3)?

For such period as it thinks fit.

When may the licensing authority suspend or revoke a licence on the ground of disqualification of the licence holder?

When satisfied that the holder is prohibited by the Act or any other law from manufacturing, possessing, selling, transporting, importing or exporting explosives, is of unsound mind, or is for any reason unfit for a licence under the Act.

When may the licensing authority suspend or revoke a licence in the interest of public order or safety?

When it deems it necessary for the security of the public peace or for public safety.

When may the licensing authority suspend or revoke a licence obtained by fraud or misrepresentation?

When the licence was obtained by suppression of material information or on the basis of wrong information furnished by the licence holder or any other person on his behalf at the time of application.

When may the licensing authority suspend or revoke a licence for breach of licence conditions?

When any condition of the licence has been contravened.

When may the licensing authority suspend or revoke a licence for failure to comply with a notice under Section 6E(1)?

When the licence holder fails to deliver up the licence as required by the notice.

Can a licence be revoked on the application of its holder?

Yes, the licensing authority may revoke a licence on the application of the licence holder.

What is the duty of the licensing authority when varying licence conditions or suspending or revoking a licence under Section 6E(1) or (3)?

It shall record the reasons in writing.

Is the licence holder entitled to a statement of reasons for variation, suspension or revocation?

Yes, on demand the licensing authority shall furnish a brief statement of the reasons.

When may the licensing authority refuse to furnish a statement of reasons under Section 6E(5)?

When it is of the opinion that furnishing the statement would not be in the public interest.

Can a court suspend or revoke a licence upon conviction under the Act or the rules?

Yes, a court convicting the licence holder of an offence under the Act or the rules may suspend or revoke the licence.

What is the effect of setting aside a conviction on appeal or otherwise where the licence has been suspended or revoked by the court?

The suspension or revocation becomes void.

Can an appellate court or the High Court exercising revisional powers suspend or revoke a licence?

Yes.

What powers does the Central Government have regarding suspension or revocation of licences under Section 6E(8)?

It may by order published in the Official Gazette suspend or revoke, or direct any licensing authority to suspend or revoke, all or any licences granted under the Act throughout India or any part thereof.

What is the duty of the licence holder upon suspension or revocation of a licence under Section 6E?

The holder shall without delay surrender the licence to the authority by whom it was suspended or revoked or to such other authority as may be specified in the order.

What is the subject matter of Section 6F?

Appeals.

Who may prefer an appeal under Section 6F?

Any person aggrieved by an order refusing to grant a licence, varying the conditions of a licence, or suspending or revoking a licence.

To whom may an appeal under Section 6F be preferred?

To the appellate authority prescribed for the purpose.

Within what time shall an appeal under Section 6F be preferred?

Within the prescribed period.

Against which orders does no appeal lie under Section 6F?

An order made by, or under the direction of, the Central Government.

Can an appeal be admitted after the prescribed period under Section 6F?

Yes, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

How is the prescribed period for an appeal computed under Section 6F?

In accordance with the provisions of the Limitation Act, 1963 relating to computation of periods of limitation.

In what form shall an appeal under Section 6F be made?

By a petition in writing.

What documents shall accompany an appeal under Section 6F?

A brief statement of the reasons for the order appealed against, where furnished to the appellant, and the prescribed fee.

What procedure shall the appellate authority follow while disposing of an appeal under Section 6F?

The prescribed procedure.

What opportunity must be given before disposing of an appeal under Section 6F?

A reasonable opportunity of being heard to the appellant.

What is the effect of filing an appeal on the operation of the order appealed against?

The order remains in force pending disposal of the appeal unless the appellate authority conditionally or unconditionally directs otherwise.

What orders may the appellate authority pass under Section 6F?

It may confirm, modify or reverse the order appealed against.

What is the effect of the order of the appellate authority under Section 6F?

It is final.

What is the subject matter of Section 7?

Power to make rules conferring powers of inspection, search, seizure, detention and removal.

Who may make rules under Section 7?

The Central Government.

What must be the nature of rules made under Section 7?

They must be consistent with the Act.

Whom may the Central Government authorise under Section 7?

Any officer, either by name or by virtue of his office.

What power of entry, inspection and examination may be conferred under Section 7?

To enter, inspect and examine any place, aircraft, carriage or vessel where explosives are being manufactured, possessed, used, sold, transported, imported or exported under a licence, or where the officer has reason to believe that explosives have been or are being so dealt with in contravention of the Act or the rules.

What power of search may be conferred under Section 7?

To search for explosives in such place, aircraft, carriage or vessel.

What power regarding samples may be conferred under Section 7?

To take samples of any explosive found therein on payment of its value.

What power regarding explosives or their ingredients may be conferred under Section 7?

To seize, detain and remove any explosive or ingredient thereof found therein.

When may an authorised officer destroy an explosive or its ingredient under Section 7?

Where necessary.

Which provisions apply to searches under Section 7?

The provisions of the Code of Criminal Procedure, 1973 relating to searches, so far as applicable.

What is the subject matter of Section 8?

Notice of accidents.

When does the duty to give notice under Section 8 arise?

When an accident by explosion or fire occurs in or about, or in connection with, a place where an explosive is manufactured, possessed or used, or an aircraft, carriage or vessel conveying an explosive or on or from which an explosive is being loaded or unloaded.

What kind of accidents require notice under Section 8?

Accidents attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury.

Who shall give notice of an accident occurring at a place where explosives are manufactured, possessed or used?

The occupier of the place.

Who shall give notice of an accident involving an aircraft or vessel under Section 8?

The master of the aircraft or vessel.

Who shall give notice of an accident involving a carriage under Section 8?

The person in charge of the carriage.

Within what time and in what manner shall notice under Section 8 be given?

Within such time and in such manner as may be prescribed by rules.

To whom shall notice under Section 8 be given?

The Chief Controller of Explosives and the officer in charge of the nearest police station.

What particulars shall be included in the notice under Section 8?

The accident and the attendant loss of human life or personal injury, if any.

What is the subject matter of Section 9?

Inquiry into accidents.

When shall an inquiry be held by the naval, military or air force authority under Section 9?

When an accident referred to in Section 8 occurs in or about or in connection with any place, aircraft, carriage or vessel under the control of any of the Armed Forces of the Union.

Who shall hold an inquiry into an accident under the control of the Armed Forces of the Union?

The naval, military or air force authority concerned.

Who shall hold an inquiry into an accident not under the control of the Armed Forces of the Union where loss of human life has occurred?

The District Magistrate or a Magistrate subordinate to him as directed by the District Magistrate.

When may the District Magistrate hold or direct an inquiry into an accident not attended with loss of human life?

In any other case, at his discretion.

What powers does the person holding an inquiry under Section 9 possess?

All the powers of a Magistrate holding an inquiry into an offence under the Code of Criminal Procedure, 1973.

What additional powers may the person holding an inquiry exercise under Section 9?

Such powers conferred on an officer under rules made under Section 7 as he considers necessary or expedient for the inquiry.

What report shall be made after an inquiry under Section 9?

A report to the Central Government stating the causes and circumstances of the accident.

What procedure may the Central Government regulate by rules under Section 9?

The procedure at inquiries under Section 9.

What may rules under Section 9 provide regarding the Chief Controller of Explosives?

They may enable the Chief Controller of Explosives to be present or represented at an inquiry.

What power may rules under Section 9 confer on the Chief Controller of Explosives or his representative at an inquiry?

The power to examine witnesses.

What may rules under Section 9 require where the Chief Controller of Explosives is not present or represented at an inquiry?

That a report of the proceedings be sent to the Chief Controller of Explosives.

What else may the Central Government prescribe by rules under Section 9?

The manner in which and the time within which notices referred to in Section 8 shall be given.

What is the subject matter of Section 9A?

Inquiry into more serious accidents.

When may the Central Government order an inquiry under Section 9A?

When it is of the opinion that a more formal inquiry into the causes of an accident referred to in Section 8 should be held.

Can the Central Government order an inquiry under Section 9A without receiving the report under Section 9?

Yes.

Whom may the Central Government appoint to hold an inquiry under Section 9A?

The Chief Controller of Explosives or any other competent person.

Whom may the Central Government appoint as assessors under Section 9A?

One or more persons possessing legal or special knowledge.

What may the Central Government direct regarding a pending inquiry under Section 9 when ordering an inquiry under Section 9A?

It may direct that the pending inquiry under Section 9 be discontinued.

What powers does the person holding an inquiry under Section 9A have?

All the powers of a Civil Court under the Code of Civil Procedure, 1908, for enforcing the attendance of witnesses and compelling the production of documents and material objects.

What is the legal obligation of a person required to furnish information during an inquiry under Section 9A?

He is deemed to be legally bound to furnish the information within the meaning of Section 211 of the Bharatiya Nyaya Sanhita, 2023.

What additional powers may the person holding an inquiry under Section 9A exercise?

Such powers conferred on an officer by rules made under Section 7 as he considers necessary or expedient for the inquiry.

What shall the report under Section 9A contain?

The causes and circumstances of the accident and any observations which the person holding the inquiry or any assessor thinks fit to make.

What is the duty of the Central Government regarding a report made under Section 9A?

It shall cause every such report to be published at such time and in such manner as it thinks fit.

What rules may the Central Government make under Section 9A?

Rules regulating the procedure at inquiries under Section 9A.

What is the subject matter of Section 9B?

Punishment for certain offences.

What is the punishment for manufacturing, importing or exporting explosives in contravention of rules made under Section 5 or licence conditions?

Imprisonment up to three years, or fine up to five thousand rupees, or both.

What is the punishment for possessing, using, selling or transporting explosives in contravention of rules made under Section 5 or licence conditions?

Imprisonment up to two years, or fine up to three thousand rupees, or both.

What is the punishment for any other contravention of rules made under Section 5 or licence conditions?

Fine up to one thousand rupees.

What is the punishment for manufacturing, possessing or importing explosives in contravention of a notification issued under Section 6?

Imprisonment up to three years, or fine up to five thousand rupees, or both.

What is the punishment for the owner and master of a vessel importing explosives by water in contravention of a notification under Section 6 without reasonable excuse?

Fine up to five thousand rupees each.

What is the punishment for the owner and the master of an aircraft importing explosives by air in contravention of a notification under Section 6 without reasonable excuse?

Fine up to five thousand rupees each.

What is the punishment for manufacturing, selling, transporting, importing, exporting or possessing explosives in contravention of Section 6A(a)?

Imprisonment up to three years, or fine, or both.

What is the punishment for selling, delivering or despatching explosives in contravention of Section 6A(b)?

Imprisonment up to three years, or fine, or both.

What is the punishment for failing to give notice of an accident in contravention of Section 8 where the accident is not attended by loss of human life?

Fine up to five hundred rupees.

What is the punishment for failing to give notice of an accident in contravention of Section 8 where the accident is attended by loss of human life?

Imprisonment up to three months, or fine, or both.

What is the subject matter of Section 9C?

Offences by companies.

Who is deemed to be guilty when an offence under the Act is committed by a company?

The company and every person who, at the time of the offence, was in charge of or responsible to the company for the conduct of its business.

When is a person in charge of a company exempt from liability under Section 9C(1)?

When he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent its commission.

When is a director, manager, secretary or other officer of a company deemed guilty under Section 9C(2)?

When the offence was committed with his consent or connivance or is attributable to his neglect.

What is the liability of a director, manager, secretary or other officer deemed guilty under Section 9C(2)?

He shall be liable to be proceeded against and punished accordingly.

What does "company" mean for the purposes of Section 9C?

Any body corporate, and includes a firm or other association of individuals.

Who is a "director" in relation to a firm under Section 9C?

A partner in the firm.

What is the subject matter of Section 10?

Forfeiture of explosives.

When may a court order forfeiture under Section 10?

When a person is convicted of an offence punishable under the Act or the rules made thereunder.

What property may be forfeited under Section 10?

The explosive, ingredient of the explosive, or substance in respect of which the offence was committed, or any part thereof, together with the receptacles containing the same.

What is the subject matter of Section 11?

Distress of aircraft or vessel.

When may a court order distress and sale under Section 11?

When the owner or master of an aircraft or vessel is adjudged to pay a fine for an offence committed with or in relation to that aircraft or vessel.

Is the power under Section 11 in addition to other powers for recovery of fine?

Yes.

How may a fine be recovered from an aircraft under Section 11?

By distress and sale of the aircraft and its furniture, or so much of the furniture as is necessary to pay the fine.

How may a fine be recovered from a vessel under Section 11?

By distress and sale of the vessel and its tackle, apparel and furniture, or so much thereof as is necessary to pay the fine.

What is the subject matter of Section 12?

Abetment and attempts.

What is the punishment for abetment of an offence under the Act or the rules?

The abettor shall be punished as if he had committed the offence.

How is "abetment" understood for the purposes of Section 12?

Within the meaning of the Indian Penal Code, 1860.

What is the punishment for attempting to commit an offence under the Act or the rules?

A person who attempts to commit such offence and does any act towards its commission shall be punished as if he had committed the offence.

What is the subject matter of Section 13?

Power to arrest without warrant persons committing dangerous offences.

Who may be arrested without warrant under Section 13?

A person found committing an act punishable under the Act or the rules which tends to cause explosion or fire in or about a place where explosives are manufactured or stored, or any railway, port, carriage, aircraft or vessel.

Who may arrest a person without warrant under Section 13?

A police officer, the occupier of the place, the occupier's agent, servant or authorised person, or any agent, servant or authorised person of the railway administration, conservator of the port or officer in charge of the airport.

Where may the arrested person be removed under Section 13?

From the place where he is arrested.

Before whom shall a person arrested under Section 13 be produced?

A Magistrate, as soon as conveniently may be.

What is the subject matter of Section 14?

Saving and power to exempt.

Which provisions of the Act continue to apply despite the saving under Section 14(1)?

Sections 8, 9 and 9A.

To whom does the Act, except Sections 8, 9 and 9A, not apply under Section 14(1)(a)?

The Armed Forces of the Union and ordnance factories or other establishments of such Forces manufacturing, possessing, using, transporting or importing explosives in accordance with rules or regulations made by the Central Government.

To whom does the Act, except Sections 8, 9 and 9A, not apply under Section 14(1)(b)?

Any person employed under the Central Government or a State Government in execution of the Act.

Who may grant exemptions under Section 14(2)?

The Central Government.

How may the Central Government grant an exemption under Section 14(2)?

By notification in the Official Gazette.

Can an exemption under Section 14(2) be absolute or conditional?

Yes, it may be absolute or subject to such conditions as the Central Government thinks fit to impose.

What may the Central Government exempt under Section 14(2)?

Any explosive and any person or class of persons from all or any of the provisions of the Act or the rules made thereunder.

What is the subject matter of Section 15?

Saving of Arms Act, 1959.

What is the effect of Section 15 on the Arms Act, 1959?

Nothing in the Act affects the provisions of the Arms Act, 1959.

When may a licence granted under the Act have the effect of a licence under the Arms Act, 1959?

When the licensing authority is empowered by the relevant rules and directs by an order written on the licence that it shall have such effect.

For what purposes may a licence under the Act be directed to have the effect of a licence under the Arms Act, 1959?

Manufacture, possession, sale, transport or importation of an explosive.

How shall the direction giving a licence the effect of a licence under the Arms Act, 1959 be made?

By an order written on the licence.

What is the subject matter of Section 16?

Saving as to liability under other law.

What is the effect of Section 16 on prosecution under other laws?

Nothing in this Act or the rules prevents prosecution under any other law for an act or omission constituting an offence under this Act or the rules.

Can a person be liable to a higher punishment under another law for the same act or omission?

Yes, the person may be liable under that other law to any other or higher punishment or penalty than that provided by this Act or the rules.

What is the proviso to Section 16?

A person shall not be punished twice for the same offence.

What is the subject matter of Section 17?

Extension of definition of “explosive” to other explosive substances.

Who may extend the definition of "explosive" under Section 17?

The Central Government.

How may the Central Government extend the definition of "explosive" under Section 17?

By notification in the Official Gazette.

What substance may be declared to be an explosive under Section 17?

Any substance which appears to the Central Government to be specially dangerous to life or property by reason of its explosive properties or because any process in its manufacture is liable to explosion.

What is the effect of a notification issued under Section 17?

The notified substance is deemed to be an explosive within the meaning of the Act.

How do the provisions of the Act apply to a substance declared to be an explosive under Section 17?

They apply as if the substance were included in the definition of "explosive" in the Act.

Can the application of the Act to a substance declared under Section 17 be made subject to conditions?

Yes, subject to such exceptions, limitations and restrictions as may be specified in the notification.

What is the subject matter of Section 17A?

Power to delegate.

Who may delegate powers or functions under Section 17A?

The Central Government.

How may the Central Government delegate powers or functions under Section 17A?

By notification in the Official Gazette.

Which powers or functions cannot be delegated under Section 17A?

The powers under Sections 5, 6, 6A, 14 and 17.

To whom may the Central Government delegate its powers or functions under Section 17A?

An officer or authority subordinate to the Central Government, or a State Government, or an officer or authority subordinate to the State Government.

Can delegation under Section 17A be limited to specified matters or conditions?

Yes, it may be made in relation to specified matters and subject to such conditions as may be specified in the notification.

What is the subject matter of Section 18?

Procedure for making, publication and confirmation of rules.

What must an authority do before making rules under the Act?

Publish a draft of the proposed rules for the information of persons likely to be affected.

How shall the draft rules be published under Section 18?

In such manner as the Central Government may prescribe by notification in the Official Gazette.

What must accompany the draft rules published under Section 18?

A notice specifying a date on or after which the draft will be taken into consideration.

What objections or suggestions must the rule-making authority consider under Section 18?

Any objection or suggestion made by any person before the specified date.

When does a rule made under the Act take effect?

Only after it has been published in the Official Gazette.

What is the evidentiary value of publication of a rule in the Official Gazette?

It is conclusive evidence that the rule has been duly made and, where sanction is required, duly sanctioned.

Can the rule-making power under the Act be exercised more than once?

Yes, it may be exercised from time to time as occasion requires.

When shall every rule made under the Act be laid before Parliament?

As soon as may be after it is made.

Before whom shall every rule made under the Act be laid?

Before each House of Parliament.

For what total period shall a rule be laid before each House of Parliament?

Thirty days, comprised in one session or in two or more successive sessions.

When may Parliament modify or annul a rule under Section 18?

Before the expiry of the session immediately following the session or successive sessions in which the total period of thirty days is completed, if both Houses so agree.

What is the effect if both Houses of Parliament agree to modify a rule?

The rule shall thereafter have effect only in the modified form.

What is the effect if both Houses of Parliament agree that a rule should not be made?

The rule shall thereafter be of no effect.

What is the effect of modification or annulment of a rule on prior acts done under it?

It does not prejudice the validity of anything previously done under the rule.