Explosives’ Act, 1884

 The Explosives’ Act, 1884

act No. IV of 1884

[26^th February, 1884]

An Act to regulate the manufacture, possession, use, sale, transport and importation of xplosives.

whereas it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives;

It is hereby enacted as follows:---

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

(2) It extends to the whole of Pakistan].

2.—(1)        Local extent. 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 XII of 1875] Rep. by the Indian Ports Act, 1889 (X of 1889)S. 2 and Sch.II.

4.                  Definitions. In this Act, unless there is something repugnant in the subject or context,— (1) "explosive"

(a)           Means gunpowder, nitroglycerine, dynamite, gun-cotton, 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 effect; and

(b)           includes fog-signals, fireworks, fuses, rockets, percus­sion-caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined:

(2)           "Manufacture" includes the process of dividing into its component parts, or otherwise breaking up or unmaking, any explosive, or making fit for use any damaged explo­sive, and the process of re-making, altering or repairing any explosive:

(3)           "vessel" includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise:

(4)           "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:

(5)           "master" includes every person (except a pilot or harbormaster) having 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  [Pakistan] by sea or land.

(7)           appropriate Government means, in relation to manu­facture, importation, and transport between provinces of explosives, the Central Government, and in relation to other matters, the Provincial Government.]

5.—(1)    Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives. The appropriate Government] may for any part of [Pakistan], make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by those rules, the manufacture, possession, use, sale, transport and importation 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; and

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

(3)         [Rules made under this section may] impose penalties on all persons manufacturing, possessing, using, selling, transport­ing or importing explosives in breach of the rules, or otherwise contravening the rules :

Provided that the maximum penalty which may be imposed by any such rules shall not exceed,---

(a)           in the case of a person so importing or manufacturing an explosive, a fine which may extend to three thousand rupees;

(b)           in the case of a person so possessing, using or transport­ing an explosive, a fine which may extend to one thousand rupees;

(c)           in the case of a person so selling an explosive, a fine which may extend to five hundred rupees; and

(d)           in any other case, two hundred rupees.

6.—(1)   Power of appropriate Government to prohibit the manufacture, importation of specially dangerous explosives. Notwithstanding anything in the rules under the last foregoing section, the appropriate 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 appropriate Government] it is expedient for the public safety to issue the notification;

(2)           The officers of sea customs at every port shall have the same power in respect of any explosive with regard to the importation of which a notification has been issued under this section and the vessel containing the explosive as they have for the time being in respect 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.

(3)           Any person manufacturing, possessing or importing an explosive in contravention of a notification issued under this section shall be punished with fine which may extend to three thousand rupees, and, in the case of importation by water, the owner and master of the vessel in which the explosive is imported shall, in the absence of reasonable excuse, each be punished with fine which may extend to three thousand rupees.

7.—(1)    Power to make rules conferring powers of inspection, search, seizure, detention and removal. The appropriate Government may make rules consistent with this Act authorizing any officer, either by name or in virtue of his office—

(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 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 or imported 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, remove and, if necessary, destroy any explosive found therein.

(2)           The provisions of the Code of Criminal Procedure relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorized by rules under this section.

8.—(l)     Notice of accidents. 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 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 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 Pakistan] and to the officer in charge of the nearest police-station.

(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.]

9.—(1)    Inquiry into accidents. 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 ^s[the armed forces of Pakistan}, 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, 1898 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 ‘‘[appropriate Government] stating the causes of the accident and its circumstances.

(4)           The [appropriate Government] may make rules— (a) to regulate the procedure at inquiries under this section;

(b)              to enable the [Chief Inspector of Explosives in Pa­kistan] to be present or represented at any such inquiry;