Ministry of Commerce and Industry
The Explosives Act, 1884, is a crucial piece of legislation in India that governs the manufacture, possession, use, sale, transport, import, and export of explosives. The Act establishes a framework for licensing, inspection, and enforcement, aimed at preventing accidents and ensuring public safety. The Act also specifies the powers and responsibilities of various authorities and defines penalties for contravention of its provisions.
Act Background and Ministry Under Which This Act Is:
The Explosives Act, 1884, was enacted to regulate the use and handling of explosives in India. It aims to prevent accidents and misuse. The act does not specifically mention a particular ministry; it comes under the purview of the Ministry of Commerce and Industry in India.
Enactment Date, Number of Chapters, Number of Sections:
The Explosives Act, 1884, was enacted on February 26, 1884. It consists of 18 sections, covering definitions, licensing, powers of authorities, penalties, and other procedural aspects necessary for effective implementation and enforcement of the act.
Act Governed By:
The Explosives Act, 1884, is primarily governed by its own provisions and the rules made under it. These provisions detail the licensing process, the powers and duties of authorities, and the penalties for violating the act. The act ensures stringent regulations are followed for all aspects of handling explosives.
On Whom it is Applicable:
This act is applicable throughout India and covers any person, authority, or entity engaged in activities related to explosives, including manufacturers, possessors, users, sellers, transporters, importers, and exporters. It applies to individuals and organizations involved in all the above aspects of explosives.
Penalties/Punishments:
The Act outlines various penalties for offenses related to explosives, including:
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Imprisonment for specified terms or fine, or both for manufacturing, possessing, selling or transporting explosives without a valid license.
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Imprisonment or fines, or both for offences related to failure to report an accident.
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Forfeiture of explosives, and for tampering with a register mark.
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Penalties also extend to contravention of rules, and for failure to comply with orders.
Important Pointers:
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Licensing: The Act provides for strict licensing requirements for all activities related to explosives.
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Prohibition: The Act authorizes the government to prohibit the import, possession, and manufacture of certain dangerous explosives.
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Definitions: It defines key terms like “explosive,” “aircraft,” “carriage,” and “master.”
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Power of Inspection: It gives powers to authorized officers to inspect and search premises where explosives are handled.
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Notice of Accidents: It mandates reporting of accidents involving explosives.
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Forfeiture: The act allows for the forfeiture of explosives if the act is violated.
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Appeals: It establishes the appellate process for those aggrieved by orders under the act.
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Rules: It empowers the Central Government to make rules to implement the provisions of the act.
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Arrest without warrant: The Act gives the power to arrest without a warrant if a person is found committing any dangerous offense.
Act Copy: