5Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives
(1) The Central Government may, for any part of 1[India],2*** 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 manuf acture, possession, use, sale. 3[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; 4***
5[(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 6[or any person or class of persons] from the operation of the rules.
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1. Subs. by Act 3 of 1951, s. 3 and Schedule, for "Part A States and Part C States" (w.e.f. 1-4-1951).
2. The words and "each Local Government, with the previous sanction of the Governor, General in Council, may for any part of the territories wider its administration" omitted by the A.O. 1937.
3. Subs. by Act 32 of 1978, s. 5, for "transport and importation" (w.e.f. 2-3-1983).
4. The word "and" omitted by s. 5, ibid. (w.e.f. 2-3-1983).
5.Ins. by s. 5, ibid. (w.e.f. 2-3-1983).
6. Ins. by Act 32 of 1978, s. 5 (w.e.f. 2-3-1983).
7. Sub-section (3) omitted by s. 5, ibid. (w.e.f. 2-3-1983).
- 1 Short titl
- 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- 3 Repealed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 person
- 6B Grant of licence
- 6C Refusal of licences
- 6D Licensing authority competent to impose conditions in addition to prescribed condition
- 6E Variation, suspension and revocation of licences
- 6F Appeal
- 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 accident
- 9B Punishment for certain offence
- 9C Offences by companies
- 10 Forfeiture of explosives
- 11 Distress of aircraft or vesse
- 12 Abetment and attempts
- 13 Power to arrest without warrant persons committing dangerous offences
- 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 delegat
- 18 Procedure for making, publication and confirmation of rules