Explosives Act, 1884- Sections 8 to 18

8. Notice of accidents.

8. Notice of accidents.—[i][(1)] Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any [ii][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 [iii][aircraft or] vessel or the person in charge of the carriage, as the case may be, shall [iv][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 [v][Chief Controller of Explosives] and] to the officer in charge of the nearest police station.

(2) [vi][* * *]

9. Inquiry into accidents.

[vii][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, [viii][aircraft,] carriage or vessel under the control of any of [ix][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 [x][* * *]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 [xi][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 [xii][Chief Controller of Explosives] to be present or represented at any such inquiry;

(c) to permit the [xiii][Chief Controller of Explosives] or his representative to examine any witness at the inquiry;

(d) to provide that where the [xiv][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 notice referred to in Section 8 shall be given.

9-A. Inquiry into more serious accidents.

9-A. Inquiry into more serious accidents.—(1) The Central Government may, where it is of opinion, whether or not it has received the report on an inquiry under Section 9, that an inquiry of more formal character should be held into causes of an accident such as is referred to in Section 8, appoint the [xv][Chief Controller of Explosives] or any other competent person to hold such enquiry, 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 (V 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 (XLV of 1860).

(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 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 inquires under this section.]

9-B. Punishment for certain offences.

[xvi][9-B. 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 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 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 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 6-A; 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 fine or with both.

9-C. Offences by companies.

9-C. 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 to 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 the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—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.

10. Forfeiture of Explosives.—When a person is convicted of an offene punishable under this Act, or the rules made under this Act, the Court before which he is convicted may direct that 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.

[xvii][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.

12. Abetment and attempts.—Whoever abets, within the meaning of the Indian Penal Code (XLV 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.

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, [xviii][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 authorized by the railway administration or [xix][conservator of the port or officer in charge of the airport], 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.

[xx][14. Saving and power to exempt.—(1) Nothing in this Act, except Sections 8, 9 and 9-A, shall apply to the manufacture, possession, use, transport or importation of any explosive—

(a) by any of [xxi][Armed Forces of the Union, and Ordnance Factories or other establishments of such Forces] in accordance with rules or regulations made by [xxii][* * *]the Central Government;

(b) by any person employed under [xxiii][the Central Government] or under a [xxiv][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, [xxv][any explosive and any person or class of persons from all or any of the provisions of this Act or the rules made thereunder].

15. Savings of Indian Arms Act, 1878.

15. Savings of Indian Arms Act, 1878.—Nothing in this Act shall affect the provisions of the [xxvi][Arms Act, 1959 (54 of 1959)]:

Provided that an authority granting a licence under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the licence is granted, direct by an order written on the licence that it shall have the effect of a like licence granted under the said [xxvii][* * *] Arms Act.

16. Saving as to liability under other law.

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.

17. Extension of definition of “explosive” to other explosive substances.—The [xxviii][Central Government] may, from time to time, by notification in the [xxix][Official Gazette,] declare that any substance which appears to [xxx][the Central Government] to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term “explosive” in this Act.

17-A. Power to delegate.

[xxxi][17-A. Power to delegate.—The Central Government may, by notification in the Official Gazette, direct that any power to function which may be exercised or performed by it under this Act other than the power under Sections 5, 6, 6-A, 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.

18. Procedure for making, publication and confirmation of rules.—(1) An authority making rules, under this Act shall, before making the rules publish a draft of the proposed rules for the information of persons likely to be affected thereby.

(2) The publication shall be made in such manner as the [xxxii][Central Government], from time to time, by notification in the [xxxiii][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 take effect [xxxiv][* * *] until it has been published in the [xxxv][Official Gazette] [xxxvi][* * *].

(6) The publication in the [xxxvii][Official Gazette] of a rule purporting to 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 be exercised from time to time as occasion requires.

[xxxviii][(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.]

References

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