EXPLOSIVES ACT

Arrangement of Sections

1. Short title.

PART I

Administration

2. Controller, Deputy Controllers and Assistant Controllers of Explosives.

3. Inspectors and other Staff.

4. Repealed.

5. Deputy Controllers, Assistant Controllers Inspectors of Explosives and licensing authorities to be subject to direction of Controller.

6. Licensing authorities may delegate their powers and duties.

PART II

Returns, Licences and Permits

7. Persons having stocks of explosives on the appointed date to furnish returns.

8. Prohibition of importation, exportation, manufacture, sale, exposure for sale or supply of explosives by persons other than licensees or permittees.

9. Licences and permits relating to explosives.

10. Exemption as to prescribed quantity of any class of explosives.

11. Regulations relating to explosives.

12. Authority granted by licences and permits.

13. Applications for licences and permits.

14. Eligibility for licences and permits.

15. Fees for licences and permits.

16. Grant of licences and permits and copies thereof.

17. Duration of licences and permits.

18. Renewal of licences.

19. Communication of refusal to applicant.

20. General conditions applicable to licences and permits.

21. Suspension or cancellation of licences and permits.

22. Appeals.

23. Continuance of business of a deceased licensee.

24. Directions as to disposal of explosives where a licences or permit ceases to be in force.

PART III

Powers Of The Controller, And Offences And Penalties

25. Powers of inspection and search.

26. Power to seize articles.

26A. Powers of the Controller.

27. Offences and penalties.

28. Forfeiture of articles.

29. Offences to be cognizable.

30. Exemption from application of the provisions of the Act.

PART IV

General

31. Controller, Deputy Controllers, Assistant Controllers and licensing authorities deemed to be police officers.

32. Manner of giving notice.

33. Regulations.

34. Application Ordinance to explosives.

35. This Act to be and not in to derogation of the Factories Ordinance.

36. Repealed

37. Interpretation.

SCHEDULE

36 of 1976,

14 of 1978,

21 of 1956,

33 of 1969,

18 of 2005.

AN ACT to control, and to enable the prohibition of, the manufacture, importation, exportation, possession, sale, exposure for sale, supply, purchase, use and transport of any explosives, and to repeal the explosives ordinance.

[Am by s 2 of Act 33 of 1969.]

[Date of Commencement: 17th February, 1956]

1. Short title.

(1) This Act may be cited as the Explosives Act.

(2) The provisions of this Act, other than the provisions specified in subsection (3) Shall come into operation on such date (hereinafter referred to as the appointed date) as the Minister may appoint by Order published in the Gazette.

(3) The provisions of this section and of sections 2, 3(1), 6, 11, 13, 14, 15, 16, 19, 22, 32, 33, and 37 shall come into operation when this Act becomes an Act of Parliament.

PART I

Administration

2. Controller, Deputy Controllers and Assistant Controllers of Explosives.

(1) The Secretary to the Ministry shall be the Controller of Explosives for the purposes of this Act.

(2) Every Additional Secretary and Senior Assistant Secretary to the Ministry shall be a Deputy Controller of Explosives for the purposes of this Act.

(3) Every Assistant Secretary to the Ministry shall be an Assistant Controller of Explosives for the purposes of this Act.

(4) There may be appointed by name or by office, such number of persons to be or to act as Deputy Controllers of Explosives or Assistant Controllers of Explosives, for the purposes of this Act.

[S 2 subs by s 2 of Act 18 of 2005.]

3. Inspectors and other Staff.

(1) Every police officer not below the rank of sergeant shall be an Inspector of Explosives for the purposes of this Act.

(2) There shall be appointed such number of other officers and servants as may be necessary for the purpose of this Act.

[S 3 subs by s 2 of Act 18 of 2005.]

4. .

[S 4 rep by s 4 of Law 14 of 1978.]

5. Deputy Controllers, Assistant Controllers Inspectors of Explosives and licensing authorities to be subject to direction of Controller.

(1) Every Deputy Controller, every Assistant Controller and every Inspector of Explosives shall, in the exercise or performance of his powers or duties, be subject to the general or special directions of the Controller.

(2) Every licensing authority shall in the exercise or
performance of his powers or duties, be subject to the general or special directions of the Controller.

[S 5 subs by s 5 of Law 14 of 1978.]

6. Licensing authorities may delegate their powers and duties.

The powers or duties of any licensing authority may be exercised or performed by any public officer authorised in writing in that behalf by such licensing authority.

PART II

Returns, Licences and Permits

7. Persons having stocks of explosives on the appointed date to furnish returns.

(1) Subject to the provisions of subsection (2), every person who, on the appointed date, has in his possession or under his control a stock of any explosive, shall, within a period of fourteen days reckoned from that date, furnish to the licensing authority for the district in which such stock is kept a return specifying—

(i) the name and address of that person;

(ii) the nature and quantity of such stock; and

(iii) the purpose for which and the premises in which such stock is kept.

(2) The provisions of subsection (1) shall not apply to such quantity of safety cartridges or fireworks as does not exceed the prescribed quantity.

8. Prohibition of importation, exportation, manufacture, sale, exposure for sale or supply of explosives by persons other than licensees or permittees.

(1) No person, other than a licensee or permittee who is authorised by his licence or permit to do so, shall import or export any explosive.

(2) No person, other than a licensee who is authorised by his licence to do so, shall manufacture, sell, expose for sale or supply any explosive.

[S 8 subs by s 3 of Act 33 of 1969.]

9. Licences and permits relating to explosives.

[Subs by s 4 of Act 33 of 1969.]

(1) No person shall, except under the authority of a licence, carry on the business of a manufacturer, importer, exporter, or supplier of any explosives, or acquire, possess, transport, sell, expose for sale or use any explosives for the purposes of such business.

[S 9(1) am by s 4 of Act 33 of 1969.]

(2) Subject to the provisions of section 10, no person shall, except under the authority of a permit, import, export, acquire, possess, transport or use any explosives for any purpose other than that of such business as is referred to in subsection (1).

[S 9(2) am by s 4 of Act 33 of 1969.]

10. Exemption as to prescribed quantity of any class of explosives.

No permit shall be required for the acquisition, possession, transport and use of such quantity of any class of explosives as does not exceed the quantity prescribed in respect of such class of explosives.

[S 10 am by s 5(1) of Act 33 of 1969.]

11. Regulations relating to explosives.

Regulations may be made under this Act—

(a) to classify explosives;

(b) to prohibit or regulate the manufacture, importation, exportation, sale, exposure for sale, possession, use, and supply of any explosives;

[S 11(b) am by s 6(1) of Act 33 of 1969.]

(c) to exempt, subject to such conditions as may be imposed, any school or other educational institution from the requirement of obtaining a permit for the acquisition, possession, transportation or use of any class or classes of explosives.

[S 11(c) ins by s 6(3) of Act 33 of 1969.]

(d) to regulate the loading, unloading and transport of any explosives; and

[S 11(c) re-lettered as s 11(d) by s 6(2) of Act 33 of 1969.]

(e) to regulate the storage of any explosives.

[S 11(d) re-lettered as s 11(e) by s 6(2) of Act 33 of 1969.]

12. Authority granted by licences and permits.

(1) A licence granted for the purpose of carrying on the business of a manufacturer of explosives shall, subject to the conditions set out in the licence and the provisions of this Act and of the regulations made under this Act, authorise the licensee—

(a) to manufacture explosives of the class or classes specified in the licence;

(b) to possess, transport, sell, expose for sale or supply the explosives manufactured under the authority of the licence; and

[S 12(1)(b) am by s 7(1) of Act 33 of 1969.]

(c) to acquire, possess, transport and use, for the purpose of such manufacture as aforesaid, any explosives specified in the licence as being required for that purpose.

(2) A licence granted for the purpose of carrying on the business of an importer of explosives shall, subject to the conditions set out in the licence and the provisions of this Act and of the regulations made under this Act, authorise the licensee—

(a) to import explosives of the class or classes specified in the licence; and

(b) to possess, transport, sell, expose for sale or supply the explosives imported under the authority of the licence.

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