The Explosives Act, 1884

(1)This Act may be called the 1*** Explosives Act, 1884; and (2)Local extent.--It extends to whole India 2**

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

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

1[4. Definitions.--In this Act, unless the context otherwise requires,-- (a) "aircraft" means any machine which can derive support in the atmosphere from the reactionsof the air, other than the reactions of the air against the earth's surface, and includes balloons, whetherfixed or free, airships, kites, gliders and flying machines; (b) "carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveyinggoods 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 beenappointed, means the Commissioner of Police thereof and includes-- (a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or anypart of such area, as may be specified by the State Government in this behalf in relation to sucharea 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-thylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, lead azide, leadstyphynate, fulminate of mercury or any other metal, diazo -di-nitro-phenol, coloured firesor 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 practicaleffect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses,rockets, percussion-caps, detonators, cartidgcs, ammunition of all descriptions and everyadaptation 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, harbourmaster, assistant harbour master or berthing master, having for the time bein g thecharge 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 orunmaking 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 innavigation whether propelled by oars or otherwise and anything made for the conveyance,mainly by water, of human beings or of goods and a caisson.]

(1) The Central Government may, for any partof 1[India],2*** make rules consistent with this Act to regulate or prohibit, except under and inaccordance with the conditions of a licence granted as provided by those rules, the manuf acture,possession, use, sale. 3[transport, import and export] of explosives, or any specified class ofexplosives. (2) Rules under this section may provide for all or any of the following, among other matters, that isto 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 byapplicants for licenses: (c) the manner in which applications for licenses must be made, and the matters to be specifiedin such applications: (d) the form in which, and the conditions on and subject to which, licenses must begranted; ( e) the period for which licenses are to remain in force; 4*** 5[(ee) the authority to which appeals may be preferred under section 6F, the procedure tobe 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 berefunded: (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 byhim in this behalf, for services rendered in connection with the manufacture, transport, import orexport of explosives;] (f) the exemption absolutely or subject to conditions of any explosives 6[or any person or class ofpersons] from the operation of the rules. 7* * * * *