#THE EXPLOSIVES ACT, 1884 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 

1. Short title. 
Local extent. 

2. Commencement. 

3. [Repealed.]. 

4. Definitions. 

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

5A. Persons already in business in respect of certain explosives to carry on such business without 
licence for a certain period. 

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

6A. Prohibition  of  manufacture,  possession,  sale  or  transport  of  explosives  by  young  persons  and 
certain other persons. 

6B. Grant of licences. 

6C. Refusal of licences. 

6D. Licensing  authority  competent  to  impose  conditions  in  addition  to  prescribed  condi-
tions. 

6E. Variation, suspension and revocation of licences. 

6F. Appeals. 

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

8. Notice of accidents. 

9. Inquiry into accidents. 

9A. Inquiry into more serious accidents. 

9B. Punishment for certain offences. 

9C. Offences by companies. 

10. Forfeiture of explosives. 

11. Distress of aircraft or vessel. 

12. Abetment and attempts. 

13. Power to arrest without warrant persons committing dangerous offen ces. 

14. Saving and power to exempt. 

15. Saving of Arms Act, 1959. 

16. Saving as to liability under other law. 

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

17A. Power to delegate. 

18. Procedure for making, publication and confirmation of rules. 

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#THE EXPLOSIVES ACT, 1884

##ACT NO. 4 OF1884
[^1]

[26th February, 1884.] 

An Act to  regulate  the  manufacture,  possession,  use, sale, transport, import and 
export of explosives. 

WHEREAS it  is  expedient  to  regulate  the  manufacture,  possession,  use, sale, transport, import  and 
export of explosives; It is hereby enacted as follows:— 

1. **Short title.**—(1)This Act may be called the Explosives Act, 1884; and 

(2) Local extent.—It extends to whole India

2. **Commencement.**—(1)This Act shall come into force on such day, as the Central Government, by 
notification in the Official Gazette, appoints. 

3. *[Repeal  of  portions  of  Act  12  of  1875.]  Rep.  by  the  Indian  Ports  Act,  1889  (10  of  1889),s.  2 
and the Second Schedule.*

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

  (a) “aircraft” means any machine which can derive support in the atmosphere from the reactions 
of the air, other than the reactions of the air against the earth's surface, and includes balloons, whether 
fixed or free, airships, kites, gliders and flying machines; 

  (b) “carriage”  includes  any  carriage,  wagon,  cart,  truck,  vehicle  or  other  means  of  conveying 
goods or passengers by land, in whatever manner the same may be propelled, 

  (c) “District Magistrate”,  in relation to  any  area  for  which  a  Commissioner of  Police  has  been 
appointed, means the Commissioner of Police thereof and includes— 

       (a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any 
part of such area, as may be specified by the State Government in this behalf in relation to such 
area or part: and 

       (b) an Additional District Magistrate; 

  (d) “explosive”  means  gunpowder, nitoglycerine, nitroglycol,  gun-cotton, di-nitro-toluene, 
tri-nitro-toluene,  picric  acid,  di-nitro-phenol,  tri-nitro-resorcinol  (styphnic  acid),  cyclo-trime-

[^1]. This  Act  has  been  declared,  under  s.  3  (a)of  the  Scheduled  Districts  Act,  1874  (14  of  1874),  to  be  in  force  in 
the Districts of Hazaribagh, Lohardaga (now called the Ranchi District—see Calcutta Gazette, 1899, Pt, I, p.44) 
Palamau  and  Manbhum  and  in  Pargana  Dhalbhum  and  the  K.olhan  in  the  Singhbhum  District  of  the  Chota 
Nagpur Division—See Gazette of India, 1896, Pt. I.p. 972. 
It has been applied to the Sonthal Parganas under s. 3 of the Sonthal Parganas Settlement Regulation (3 of 1872), 
as amended by the Sonthal Parganas Laws Regulation, 1886 (3 of 1886), and by s. 3 of Regulation 3 of 1899, and 
to Porahat Estate by Bihar Regulation (2 of 1946). 
For the law relating to explosive substances, see also the Explosive Substances Act, 1908 (6 of 1908). 
The  Act  has  been  extended  to  Goa,  Daman  and  Diu  with  modifications,  by  Reg.  12  of  1962,  s.  3  and  Sch.,   
(w.e.f. 1-2-1965) extended to and brought into force in Dadra and Nagar Haveli by Reg. 6of 1963, s. 2 and Sch. 
(w.e.f.  1-7-1965)  and  to  the  whole  of  the  Union  territory  of  Lakshadweep  by  Reg.  8  of  1965,  s.  3  and  Sch.  I 
(w.e.f. 1-10-1967). 
The Act comes into force in Pondicherry on 1 -10-1963 vide Reg. 7 of 1963, s. 3 and Sch. I. 
 
 
 

thylene-trinitramine,  penta-erythritol-tetranitrate, tetryl,  nitro-guanidine, leadazide, lead 
styphynate, fulminate of mercury or any other metal, diazo -di-nitro-phenol, coloured fires 
or  any  other  substance  whether  a  single  chemical  compound  or  a  mixture  of  substances, 
whether solid or liquid or gaseous used or manufactured with a view to produce a practical 
effect  by  explosion  or  pyrotechnic  effect;  and  includes  fog -signals,  fireworks,  fuses, 
rockets,  percussion-caps,  detonators,  cartidgcs,  ammunition  of  all  descrip tions  and  every 
adaptation or preparation of an explosive as defined in this clause; 

  (e) “export” means taking out of India to a place outside India by land, sea or air; 

  (f) “import” means to bring into India from a place outside India by land, sea or air; 

  (g) “master”,— 

       (a) in relation to any vessel or aircraft means any person, other than a pilot, harbour 
master,  assistant  harbour  master  or  berthing  master,  having  for  the  time  being  the 
charge or control of such vessel or aircraft, as the ease may be; and 

       (b) in relation to any boat belonging to a ship, means the master of that ship; 

  (h) “manufacture” in relation to an explosive includes the process of— 

       (1) dividing  the  explosive  into  its  component  parts  or  otherwise  breaking  up  or 
unmaking the explosive, or making fit for use any damaged explosive; and 

       (2) re-making, altering or repairing the explosive; 

  (i) “prescribed - means prescribed by rules made under this Act; 

  (j) “vessel” includes any ship, boat, sailing vessel, or other description of vessel used in 
navigation  whether  propelled  by  oars  or  otherwise  and  anything  made  for  the  conveyance, 
mainly by water, of human beings or of goods and a caisson.

5. **Power  to  make  rules  as  to  licensing  of  the  manufacture,  possession,  use,  sale, 
transport,  import  and  export  of  explosives.**—(1) The Central Government may, for any part 
of India, make rules consistent with this Act to regulate or prohibit, except under and in 
accordance with the conditions of a licence granted as provided by those rules, the manufacture, 
possession, use, sale. transport, import and export of  explosives,  or  any  specified  class  of 
explosives. 

(2) Rules under this section may provide for all or any of the following, among other matters, that is to 
say:— 

  (a) the authority by which licenses may be granted; 

  (b) the  fees  to  be  charged  for  licenses,  and  the  other  sums  (if  any)  to  be  paid  for  expenses  by 
applicants for licenses: 

  (c) the manner in which applications for licenses must be made, and the matters to be specified 
in such applications: 

  (d) the  form  in  which,  and  the  conditions  on  and  subject  to  which,  licenses  must  be 
granted; 

  (e) the period for which licenses are to remain in force;

  (ee) 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: 

  (eea) the total quantity of explosives that a licensee can purchase in a given period of time; 

  (eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by him 
in this behalf, for services rendered in connection with the manufacture, transport, import or export of 
explosives;

  (f) the exemption absolutely or subject to conditions of any explosives or any person or class of 
persons from the operation of the rules. 

5A. Persons  already  in  business  in  respect  of  certain  explosives  to  carry  on  such  business 
without licence for a certain period.—Notwithstanding anything in section 5 or in the rules made 
thereunder where, immediately before the commencement of the Indian Explosives (Amendment) 
Act, 1978 (32 of 1978), any person was carrying on the business of manufacture, sale, transport, 
import  or  export  of  any  explosive  (for  which  no  licence  was  required  under  this  Act  before  its 
amendment by the Indian Explosives (Amendment) Act, 1978, then, such person shall be entitled 
to continue to carry on such business without licence in respect of such explosive— 

  (a) for a period of three months from the date of such commencement; or 

  (b) if before the expiry of the said period of three months, such person has made an application 
for grant of licence under this Act for such business in such explosive, until the final disposal of his 
application, 

whichever is later.

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. 

  (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  article  the 
importance  of  which  is  prohibited  or  regulated  thereunder  and  the  vessel,  carriage or  aircraft 
containing such article. 

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,— 

       (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  ma king  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. 

(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)  may  also  be  made  by  an  appellate 
court or by the High Court when exercising its powers of revision. 

  (8) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any 
licensing authority to suspend or revoke, all or any licences granted under this .Act throughout India or 
any part thereof. 

  (9) On the suspension or revocation of a licence under this section the holder thereof shall without 
delay surrender the licence to the authority by whom it has been suspended or revoked or to such other 
authority as may be specified in this behalf in the order of suspension or revocation. 

6F. **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 
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  against  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 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 any place, aircraft, carriage or vessel in  which  an 
explosive  is  being  manufactured,  possessed,  used,  sold, 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, 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 

  (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 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.**—(1) Whenever  there  occurs  in  or  about,  or  in  connection  with,  any 
place in which an explosive is manufactured, possessed or used, or 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  description  usually  attended  with  such  loss  or  injury,  the  occupier  of  the  place,  or 
the master of the aircraft or vessel, or the person in charge of the carriage, asthe 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 Controller of Explosives and to the 
officer in charge of the nearest police-station. 

9. **Inquiry into accidents.**—(1) Where any accident such as is 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 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 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 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 Chief Controller of Explosives to be present or represented at any such 
inquiry; 

  (c) to permit the Chief Controller of Explosives or his representative to examine any 
witnesses at the inquiry; 

  (d) to provide that where the 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 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 
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 1890). 

  (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  Government  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

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. 

(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  theconsent  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  again st  and  punished 
accordingly. 

*Explanation.*—For the purposes of this section,— 

  (a) “company”  means  any  body  corporate,  and  includes  a  firm  or  other  association  of 
individuals; and 

  (b) “director”, in relation to a firm, Means a partner in the firm.

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. 

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, 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 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. 

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 Armed Forces of the Union, and ordnance factories or other establishments of 
such Forces) in accordance with rules or regulations made by the Central Government; 

  (b) by any person employed under the Central Government or under a State Government in 
execution of this Act. 

(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  and  any  person  or  cl ass  of 
persons from all or any of the provisions of  t hi s Act  or  t he r ul es  made thereunder.

15. **Saving of Arms  Act, 1959.** —Nothing  in  this  Act  shall  affect  the  provisions  o f 
the 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 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 Arms 
(4 of 1959) Act, 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 that 
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  ei ther  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,  by  notification  i n  the 
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  suc h  manner  as  the  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  authority  making  the  rules  shall  receive  and  consider  any  objection  or 
suggestion  which  may  be  made  by  any  person  with  respect  to  the  draft  before  the  date 
so specified. 

(5) A  rule  made  under   this  Act  shall  not  t ake  effect until it has been 
publi shed i n the Offici al  Gazett e 

(6) The publication in the Official Gazet t e  of   a  r ul e  pur por ti ng  t o  be  made  under 
this Act shall be conclusive evidence that it has been duly made, and, if it, requires sanction, that it has 
been duly sanctioned. 

(7) All  powers  to  make  rules  conferred  by  this  Act  may  he  exercised  from  time  to  time  as 
occasion requires. 

(8) Every rule made under this Act shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total  period of thirty days which may be  comprised 
in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making 
any  modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall 
thereafter have effect only in such modified form or be of  no effect, as the case may be; so, however, 
that  any  such  modification or annulment shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule.