 corrigenda to the iiidian explosives (amendment) bill, 1978 (to be/as introduced in 10k sabha)proposed 1 page 4, in the marginal heading tobection; 6a,-for "possesion" ~ rtpossession" 2 page 6, line 17, -be fore ''unsound'' insert "0 fll 3 page 7, against line 30,-in the marginal citation _ for ''96'' ~ "36" 4 page 8, line 16,-afte r "wo rds " ins e rt "and fi gure s " 5 fc-ge 10, line 13,-after "against" insert "and punished" 6 page 15, :: ine 9,-"remi an " re ad "remain" -7 page 16, line 1,-"de story" read -"de s tro y " 8 page 1 7, line 20,-fq£ "au thoi sed" re ad "au thori sed" -new delhi; i ae~l14' 1278 , -;) o ai tru 24, 1900 ( saka) " ,  bill no 82 of 1978  --- the il'idian explosives (amendment) bill, 1978 a       i              -                                                                                                                                                       bill                                                    further to amend the indian explosives act, 1884     be it enacted by parliament in the twenty-runth year of the repubuc of india as follows:-   i (1) this act may be called the indian explosives (amendment) i                                                                                                    short act, 1978                                                                                                    title s (2) it shall come idtoforce on such date as the central government may, by notiftcation in the official gazette, appoint i in the long title of, and the preamble to, the indian explosivei act, 4 at 1884 l~ ,(hereinafter: referred to as the principal act), for the words "transport and importation," the words "transport, import and export" shall be 10 substituted  in section 1 of the principal act, in sub-eaetion (1), the word "indian" hall be omitted and commence_ ment amendment at jod, title and preamble amendmefttof section 1-4 for section 4 of the principal act, the fallowing aection jhall be substttuted, nameiy:-substitution ot new 8e(!-lion tor iection 4 deftnition, '4 in this act, unless the context otherwise requires,-  - 15 (0) "aircraft" means any machine which can -derive upport in the atmosphere from the reactions of the air, other than the reactions of the air against the eart~'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 s land, in whatever manner the same may be propelled; (c) "district mag!strate", in relation to any area for which a commissioner of police has been appointed, means the commissioner of police thereof and includes-(a) any such deputy commissioner of police, exercis-10 ing ju!l'isdiction over the whale 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- is glycol, gun-cotton, di-nitro-toluene tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethy lene-'l:rijniiratr¥ne, penta-erythritol-tetranttrate tetry 1, nitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other 20 " substanae whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, ftreworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of 25 au descriptions and every adaptauon or preparation of an explosive as defined in this clause; (e) "export" means taking out of india to a place o~~side india by land, sea or air; , , (1) "import" means to bring into 'india ftom a plaee! butmde india by land, sea or air; ,30 (g) "master",-(a) in relation to any vessel or aircraft means any person, other than a pilot, harbour master, assistant 1iarbour master or berthing master, having for the time being the 35 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 rrtqst~rdl that ship; <, ) ' 'j'  ; ,n (h) "manufacture" in relation to an explosive inclu~ < the 40 proeess of- ': <, : 'i 'j ,: , i' - >, i " l' ~  ~ (1) dividing the explosive into its compcment parts or otherwise breaking up or unmaking the explosive, or making flt for use any damaged explosive; and (2) re-maldng, altering or repairing the explosive; 4s (i) "prescribed"jwt8nb prescrililed by rules li18de under this  ,act; ·i: (;) "vessel" includes any ship, boat, sailing vesael, or ~ther del!lcription of vessel used in navigation whether propelled by oars or othel'wise and anything made for the conveyance, mainly by water, of human beings or of goods and a cais'son' s  i' i in section 5 of the principal act,-amendment of section 5 (a) in su1>section (1), for the words "transport and importation",  ; the words "transport, import and export" shall be llowstituted; (b)' in su~section(2) ,-(i) in clause (e) j tpe word "and" shall be om,itted; 10 (ii) after clause (e), the following clauses shall be inserted, namely~-"(ee) the authority to which appeals may be :t>referred under section 6f, the procedure to be followed by such authority and the period within which appeals shall be pre-is ferred, the fees to be paid in respect' of such appeals and the circumstances under which such fees may be refundedj (eea) the total quantity of explosives that a licensee can purchase in a given period of timej 20 (eeb) the fees to be charged byille chief controller of explosives or any (mcer 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; 25 (c) su~section (3) shall be omitted 6 after section 5 of the principal act, the following section shall be, insertwo ot inserted, namely:-new aection 5a   fc5a notwithst8llding anytlung in section 5 or in the rules made thereunder  wher~ immediately before the commencement of the 1adian 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, tbis act betore tis amendment by the indian explosives (amendment) act 19'18), then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive-35 (a) for a period of three months from the date of such commencement; or penons already in buliness in respect of certain explosives to carry on such business without licence for a certain period (b) if before the expiry of the said period of three months, such person has made an application for grant of licence under this act for such business in such explosive, until the flnal disposal of his application, 'w'fdhbever is 'later" , in action 6 of the principal act,-ammdment of nctlon 8 (a) for sub-section (2), the following sub-aection shall be substituted namely:-s 10 "(2) the customs act, 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 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 principal act, the following sections shall be inserted, namely:-insertion of new sections 8a, sb, 8c,8d, se and sf "6a notwithstanding anything in the foregoing provisions of this act,-is (a) no person,-(i) who has not completed 'the age of eighteen years, or (ii) who has been sentenced on conviction of any oftence involving violence or moral turpitude i for a term t>f not less than six months, at any time during a period of five years 20 after the expiration of the sentence, or (iii) who has been ordered to execute under chapter viii prohibition of manufacture, polselion, aale or transport of explosives by youd' perlona and certain other perlons of the code of criminal procedure, 1973, a bond for keeping 2 of 1974 the peace or for good behaviour, at any ·time during the term of the bond, or' 2s (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- 30 cellation of such licence, ihbll,-(1) manufacture, sell, trapsport, import or export any explosive, or (2) possess any such explosive as the central govern- 3s ment 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 (4) to manldacture, sell, transport, import, export or possess 8uch explouve, or \") to be of unsound mind 6b (1) where a person makes an application for licen-ce under grant of section 5, the authority prescribed in the rules made under that licence • 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-10 (a) where it is required for the purpose of manufacture of explosives if the licensing authority is satisfted that the person by whom licence is required-(i) possesses technical know-how and experience in the manufacture of explosives; or 15 (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 satisfted that the person by whom licence is required has a good reason for obtaining the same 20 6c (1) notwithstanding anything contained in section 6b, the retulnll licensing authority shall refuse to grant a licence--ot licencel (a) where such licence is required in respect of any prohibited explosive; or 2' (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 30 (iii) to be for any reason unftt 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 3' (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 unlesa in any case the licensing authority is of opinion that it will not be in the public interest to furnish such statement 60 a licence granted under aecticm 16b may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular c"se, licensing authorlty co~n~ to impqae, conditionl in addition to prmcribeel condl tions variation, su8j)enlion and revocation of licencel 6e (1) the licensing authority may vary the conditions subject to which a licenc~ h8$ been granted except such of them as have 5 been prescribed and may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it within , su~ ~eas may be specified in the notice (2) the licensing authority may, on the application of the holder of a licenc~, also vary the conditions of the licen~e except such of 10 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 is time being in force to manufacture, possess, sell, transport, import or export any explosive, or is 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 20 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 zs (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 3~  ' (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 orde,r suspending 'or revoking a licence under sub-section (3), it shall record in writ· 3s ing the reasons therefor and furnish totbe holder of the licence on demand a brief statement of the same unless in any case the licensing autht>rlty is of the opinion that it will not lle in, the pp,plic interest to furniah such statement (6) a court convicting the holder of a licence of any offence 40 under this act or the rules made thereunder may· also subpedd or revoke a licence: ' , ' , ·1 ' provided that if the conviction is set astde on 'appeal 'or otherwise, the suspension or revocation s~l1, become void (7) an order of suspension or revocation \lnder sub-section (6) may also be made by an appellate court or by th,e high court when s: exercising its powers' of revision ' (8) the central government may, by order in tlj1e oftlcial gazette, &uspend or revoke, or direct any licensing authority to ,suspend or revojte, all or any licences gr~ted t,mder this act , throughout india or any part thereof 10 (9) on the suspeil$ion 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 suspenc;led or revoked or t::l such other authority as may be specified in thi,& behalf in the order of suspension or revocation " is 6f (1) any person aggrieved by an ord~ of the licensing autho-al»peell rity refusing to grant a licence or varying the conditions of, 4 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 wit~ such 20 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: 2s provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate auth:>rity that he had sufficient cause for not preferring the appeal within that period i (3) the period prescribed for an appeal shad be compdted in 16 of 1963 30 accordance with the provisions of t4e lin;u~~n act ,1963, with respect to the computation of periods of limitation thereunder e!' ~ i i ! j • ,' "1 ~ - " -  « , tf) ewry'appeal under this section' shall be' matle by a petition in wp1:idg~d shall be "acqompanied by a brief statement of the 35 '1, re~ns for' the /qrdm; appealed ~&~inat where such sta~ment has been furnished to the"appeuant and by such fee as may be pres-~ri~  (5) in disposing of an appeal the appellate authority shall follow 'sueh -procedure as may be prescribed: provided that no appeal shall be disposed of unleu the appellant 40 has been given a reaso?able opportunity of beids 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 oojl1irmine, modi- r \ ,! 4s fying or reversing the order appealed against shall 'be ftnal" • in hction 7 of, the principal act,-(4) in sub-section (1),-amend_ mentof eection 7 (i) in clause (a) ,-(1) for the words "any place, carriage or vessel", the words "any place, aircraft, carriage or vessel" shall be s 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, 10 namely:-"(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also destroy such explosive or ingredient"; (b) in sub-section (2), for the words "code of criminal proce- is dure", the words "code of criminal procedure, 1973", shall be 2 of 1974 substituted 10 in section 8 of the principal act,-amendment of aection 8 (a) in sub-section (1) ,- 1 (i) for the words "any carriage or vessel", the words "any 20 aircraft, carriage or vessel" shall be substituted; (ii) for the words "the master of the vessel", tbe words "tbe master of the aircraft or vessel" shall be substituted; (iii) for the words "chief inspector of explosives in india", the words "chief controller of explosives" shall be substituted; 25 (b) sub-section (2) shall be omitted 11 in section 9 of the principal act,-amendment of lection 9 (a) in sub-section (1) ,-(i) for the words "any place, curriage or vessel", the words "any place, aircraft carriage or vessel" shall be substituted; 30 (ii) for the words "the indian forces", the words "armed forc2s of the union" shall be substituted; (iii) the brackets and words "(or in a presidency-town, the commissioner of police) it shall be omitted; (b) in sub-section (2), for tbe words and figures "code of crimi- 35 nal procedure, 1898", the words and figures "code of criminal procedure, 1973" shall be substituted; 15 of 1898 2 of 1974 (c) in sub-section (4), in clauses (b), (c) and (d), for the words "cl,lief inspector of explosives in india", the words "chief controll~r of explosives" shall be substituted amend_ 12 in section 9a of the principal act, in sub-section (1) for tbe ment of words "chief inspector of explosives in india", the words "chief con-hetlon ta ' troller of' explosives" shall be substituted ~ idter section 9a of the principal act, the following sections shall insertion be inserted, namely: '-of new aectioda 9b and dc "9b (1) whoever, in contravention of rules made under section punish-5 or of the conditions o~ a licence granted under the said rulesment for certain (a) manufactures, imports or exports any explosive shall offences  : s 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; (b) possesses, uses, sells or transports, 'any explosive shall be 10 punishable with imprisonment for a term which may extend to two years or with fine which may extend to tha'ee thousand ru~ or with both; and (c) in any other case, with fine which may extend to one thousand rupees is (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 20 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 possesses any explosive in contravention of the provisions of clause (a) of section 6a; or (b) selils, delivers or despatches any explosive in contravention of the provisions of clause (b) of that section, 30 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  offences by companies 9c (1) whenever an offence under this act ha,s been comm1t-·ted by ,a company, every person who at the time the otlence was committed was in charge of, or was responsible to the company for the ccilllduct 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 apinst and punished accordingly: provided that notllina <:ontainec1 in this sub-section shall r4ti\der 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 s (z) notwithatanding anything contained in sub-eection (1), where an ofi~ 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, 10 such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded agatnsi accordtngly explanation-for the purposes of this section,-(a) "company" means any body corporate, and includes a is firm or other assoc;ation of individuals; and (f» "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: -20 substitution of new section for 8ec_ tion 11 -distress of aircraft or vessel "11 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 redation 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, dilfect it to be levied by distress and sale of,-2s (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" 30 1:; in section 13 of the principal act,-amendment of section 13 (a) for the words "ship or boat", the words "aircraft or vessel" -shall be substituted; (b) for the words "conservator of the port", the words "conservator of the port or officer in charge of the air part" shall be sub- 3s stituted 16 in section 14 of the principal act,-amendment of iection 14 (a) in clause (a) of sub-saction (1), for the words «locuan forces", the woll'ds "armed forces of the union, and ordnance factories or other establishments of such forces" shall be substituted; 40 (b) in sub-section (2), for the worda "any explosive from all or any of the provisions of this act", the words "any explosive add any person or class of persons from all or any of the provisions of th1 act or the rules made thereunder" shall be substituted 17 in section 15 of the principal act-amendment of section 15 11 of 1878 1j4 of 191j9 s ' (a) for the words and figures "indian arms act, 1878", the words and flgul'es "alrms act, 1959" shall be substituted, (b) in the proviso, the word "indian" shau be omitted 18 after section 17 of the principal act, the following section shall be inserted, namely:-inaertion olnew section 17a power to delegate 10 "17a the central (;()vemment may, by notification in the omcial gazette, direct that any power or function which may be ,:xercised 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-15 (a) such officer or authority subordinate to the central government, or (b) such state government or such ofticer or authority subordinate to the state gcnernment" 19 in section 18 o,f the principal act, after sub-section (1), the fol-amend-20 lowing sub-section shall be inserted, namely:-ment of section 18 25 30 "(8) every tole made under this act shall be laid, as soon as may be after it is made, before each house of parliament, whtle 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, bef()li'e the expiry of the session immediately following the session or the successive sessions aforesaid', both houses a'gtee in making any modification in the rule ot both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modjfied form or be oil no effect, as the case rdilv be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule",  statement of objects and reasonsthe indian explosives act, 1884 was enacted nearly a century ago when there were no indigenous manufacturers of high explosives in this country and only a few simpler type of explosives were manufactured 2 after independence many large and small companies began to manufacture high explosives there was a general complaint from the industry that the explosives act, which was based on the old british pattern, was not adequate to meet the country's growing requirements and result-·ed indifticalties for the industry with a view to removing the shortcomings in the indian explosives act and to obviate the difficulties experienced by the industry, the government appointed in 1966 a committee on explosives to suggest ways and means for removal of the difficulties experienced in the working of· the act this committee submitted its report suggesting a number of amendments to the indian explo~ives act these recommendations have been accepted by the government the more impo'rtant amongst these recommendations are--(a) enlargement of the definition of "explosive" to include therein some modern explosives; (b) providing for variations of conditions of licences granted under the act or for suspension and revocation of the licence, for appeals against the orders of the licensing authority; and (c) empowering the central government to exempt any person or class of persons from the provisions of the act or the rules made thereunder the main object of the bill is to give effect to the recommendations of the committee on explosives   3 opportunity is also being taken to insert a provision in the act for the laying of rules made under the act before the parliament in accordance with the recommendations of the committee on subordinate legislation george fernandes new dzun; the 28th march, 1978  memorandum regarding delegated legislationsub-section (~) o£ section 5 of the indian explosives act, 1884 (4 of 1884) enumerates the matters with respect to which the central government may make rules clause 5 of the bill which seeks to amend that sub-section, provides for the following matters also with respect to which the central government may make rules, namely:-(<1) the authority to which appeals may be preferred under section 6f, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded; (b) the total quantity of explosives that a licensee can purchase in a given period of time; (c) the fees to be charged by the chief controller of explosives or any officer authorised by him in this behalf, for services rendered in connection with 'the manufacture, transport, import or export of explosives 2 clause 8 o~ the bill seeks to insert a new section 6f in the act this section which provides for an appeal against the orders of the licensing authority empowers the central government to prescribe by !i1lles, inter alia, the period within which the appeal may be filed ilnd the procedure that may be followed by the appellate authority in disposing of an appeal 3 the aforesaid matters with respect to which rules may be made, are matters of detail and it is not practicable to provide for them in the bill the delegation of legislative power is, therefore, o~ a normal character  extracts from nm indian explosives at:t, 1884(4 of 1884) - - - - - an act to regulate the manufacture, possession, use, sale, transport and impoli'tation of explosives whereas it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives; it is hereby enacted as follows:-1 (1) this act may be called the indian explosives act, 1884; and short title  - - - - - 4 in this act, unless there is something repugnant in the subject or definl eontext,-tions (1) "explosive"-(a) means gunpowder, nitro-glyceritle, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above--mentioned or not, used or manufactured with a view-to produce a practical effect by explosion, or a pyrotechnic,eft'ect; and   (b) includes fog-sigjiflls, fireworks, fuses, roekets, percussioncaps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined; (2) "manufacture" includes the process of cuvloin'g into its component parts or otherwise breaking up or unmakin~ any explosive, or making fit for use any damaged explosive, and the process of remaking, altering or repairing any explosive; (3) "vessel" includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise; (4) "carnage" includes any carriage, wagon, cart, truck, vehicle or other means of conveyin,;( goods or passengers by land, in whatever manner the same may be propelled; (5) "master" includes every person (except a pilot or harbourmaster) havinjl for the time being command or charge of a vessel: provided that, in reference to any boat belonging to a ship, "master" shall mean the master of the ship;  (6) "import" means to bring into india, by sea or land s (1) the centj'el gov~lullent may, for any part of india mak~ ruies consistent with this act to regulate or prohibit, ,except under and in accordince with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of fil,xplosives, or my specified class of explosives (2) rules ·under this section may provide for all or any of the following, among other matters, that is to say:-! ' ' - - -  (e) the period for which licenses iu'e to remian in force; and power to make rules as to licensing of the manufacture, pos_ session, use, sale, transport and importation of explosives , ' - i ' (j) the exemption , absolutely or subject to conditions of any explosive from the operation of the rules (8) any person contravening the rules made under this section shall be 'punishabie,-(a) if 'he imports or manufactures any explosive in such conttavention, 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) if he possesses, uses, sells or transports any explosive in such contravention, 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 exte~d to one thousand rupees 6 (1) - - - - - (2) the officers of sea customs at every port shall have the same power in respect of any explosive with regard to the i~p~tation of which a notification has been issued unqer this section and the vessel containing the explosive as they have for the ti~ being in fel$pect of any article the importation of which is prohibited or regulated by the law relating to sea customs and the vessel containing the same; and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly | power      | for    ||------------|--------|| central    |        || govern_    |        || ment       |        || to         |        || prohibit   |        || the        |        || ma-        |        || nufacture, |        || posses-    |        || sion       | or     || importa_   |        || tion       | of     || specially  |        || danger-    |        || ous        |        || ex-        |        || plosives  |        |(3) any person manufacturing, possessing of importing an explosive in contravention of a notification issued under this section 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 ~ase :of itnportation by water, the owner and master of the vessel in which the exploslve is imported shall, in the· absence of reasonable excuse, eaehbepunishable with flne: which may exte~d to five thousanq rupees 7 (1) the central government may make rules consistent with this act authorising any officer, either by name or in virtue of his office-power to make rules conferr_ ing powers of inspection, search, seizure, detention and removal (a) to enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, transported or imported under a ucense granted under this act, or in which he has reason to believe that an explosive has been or is being ~anufactured, possessed, used,' sold, transported or imported in contravention of this act or of the rules made under this act; - - • co' - - ttl) to seize, detain, remove and, if necessary, destclry any expid,; bw found therein (2) the provisions of the code of criminal procedure, relating to 10 of 1882 searches under that code shall, so far as the same are applicable, apply to searches by officers authorised by rules under this section notice of accl dents 8 (1) whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any carriage or vessel either conveying an explosive or on or from which an explosive is being loaded or unlpadted ,any accldent by explosion or by fire attended with loss of human life or serious injury to person or property, or off a description usually attended with such loss or injury, the occupier of the place, or the master of the vessel, or the person in charge of the carriage, as the case may be, shall 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 chief inspector of explosives in india and to the officer in charge of the nearest policestation (2) whoever in contravention of sub-section (1) fails to give notice of any accident shall be punishable with fine which may extend to five hundred rupees or 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 inquiry into aecid-ents 9 (1) where any accident such as is referred to in section 8 occurs in or about or in connection with any place, carriage or vessel under the control of any of the indian forces, 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 (or in a b1'esidency-town, the commissioner of police) 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 ~ode of criminal procedure, 1898, and may exercise such of the 5 of 1898 powers conferred on any officer by rules under section 7 as he may think it necessary or expedient t(l exercise for the purposes of the inquiry  - - - - - (4) the central government may make rules-- - - - - (b) to enable the chief inspector of explosives in india to be present or represented at any s'tlch inquiry; (c) to permit the chief inspector of explosives in india or his representative to examine any witnesses at the inquiry; (d) to provide that where the chief inspector of explosives in india is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him; - - - - - distress ot vessel 11 where the owner or master of a vessel is adjudged under this act to pay a fine for ,an offence committed with, or in relation to, that vessel, the court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of the vassel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary - - - - - power to arrest without warrant persons committing dangeroua offence8 13 whoever is found committing any act for which he is punishable under this act or the rules under this act, and which tends to ca~se explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, ship or boat, 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 authoised by, the railway administration or conservator of the port, and be removed ff"om the place where he is arrested and conveyed as soon as conveniently may be before a magistrate 14 (1) nothing in this act, except sections 8, 9 and 9a shall apply to the manufacture, posses~ion, use, transport or importatio~ of any explosive- , '"  sav1n& and power to exempt (4) by any of the indian forces in accordance with rules or regulations made by the central government; - - - - - (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, any explosive from all or any of the provisions of this act 11 of 1878 is nothing in this act shall affect the provisions of the indian arms act, 1878: saving of indian: arm8 act, 1878 provided that an authoritygr~tjpg a license under this act foil' the manulecture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which 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 indian arms act - - - - - 18 (1) an authority making rules under this act shall, before making the rules, publish a draft of the proposed rules for the information of per· ions likely to be affected thereby - procedure for making, pubucatlon and cod!!' matton of rulei a bill further to amend the indian explosives act, 1884 (shri george fernandes, minister of industry) 