Statement of Objects and Reasons-The object of this Bill is to provide a comprehensive law regulating the manufacture, keeping, sale, conveyance and importation of explosives throughout British India. The matter was first brought to the notice of the Government in connection with an application made by the agents of Nobel's Explosives Company, Limited, for permission to import dynamite manufactured by the Company. The Government of Bombay, to whom the application was made, referred the question to a Committee, which reported that the expediency of allowing the importation into that Presidency of dynamite and other preparations of nitro-glycerine was doubtful. The Government of Bombay forwarded a copy of this report to the Government of India with a request that the importation of preparations of nitro-glycerine might be prohibited until further notice by a notification under the Sea Customs Act. Before complying with this request the Government of India thought it well to consult the Governments of Madras and Bengal. In reply, both Governments expressed an opinion that the importation of these explosives should not be forbidden. The Government of Bengal further subritted a draft set of rules to regulate the importation, package, transport and storage of dynamite and similar substances, together with a report which had been prepared by a Committee by the Lieutenant-Governor to consider the entire subject. This Committee, while recommending that the draft rules should be published as rules under the Indian Arms Act, 1878, suggested the enactment of a comprehensive Imperial Act of a similar nature to the English Explosives Act, 1875 (38 Vic., c. 17), which would in a convenient and compendious Code deal with the subject of explosives in its entirety and furnish the public, as well as Government officials, with an easy means of ascertaining their duties, responsibilities and powers respecting articles which by their inflammable, explosive or dangerous nature imperil the public safety.

It appears to the Government of India that it would be an abuse of the powers conferred by the Indian Arms Art, 1878, to make rules of the nature of those submitted by the Bengal Committee under that Act. There are, no doubt, powers conferred by the Indian Arms Act which might, at first sight seem to authorise the making of such rules; but the object to which such rules are directed is altogether different from that of the Act. The object of the Arms Act was to enable the Government more effectually prevent arms and ammunition which term under section 4 includes gun-cotton, dynamite, lithofracteur and other fulminating substances from getting into the hands of persons who would make a had use of them. In other words, the main object of that Act was to restrict the possession of arms and ammunition. But the main object of the rules prepared by the Bengal Committee is not restrictive. Their object is to protect the public against the dangerous nature of the explosives to which they relate by regulating all dealings with those explosives. If they are restricted, it is only so far as is necessary to carry out their protective object. Under these circumstances, it appears to the Government that the proposed rules could not properly be published under the Indian Arms Act, 1878.

Nor does it appear that there is any other enactment, as the law at present stands, under which rules of the nature of those prepared by the Bengal Committee can be issued. Under the existing law, the only enactment relating to this subject are to be found in various fragmentary provisions dealing with gunpowder and fireworks only, which are in force in the Presidency towns and in certain municipalities and ports. It appears to the Government that it is unsatisfactory that the law should be in this state at a time when dynamite and other compounds of nitro-glycerine are rapidly taking the place of gunpowder in all works where blasting is necessary. Already these explosives have been used to a considerable extent in connection with various works undertaken both of the Government and by private enterprise throughout India; and it is only natural to suppose that, as their superiority to gunpowder becomes more widely known their use will increase.

Under these circumstances, the suggestion of the Committee that an Act drawn on the model of the English Explosives Act, 1875, and dealing comprehensively with the whole subject of explosives should be added to the Indian Statute-book, recommends itself to the Government of India, as being the only satisfactory method of treating the subject. Accordingly the present Bill has been prepared. It embodies such of the provisions of the English Act as are in the opinion of the Government necessary in this country. In addition to the omission from the Bill of certain provisions of the English Act, the Bill further differs from that Act in that, in accordance with the well-recognized principle of Indian legislation, it confers powers on the Local Governments to provide by means of rules, adapted to the varying local circumstances of the provinces under their administration, for many points for which there are specific provisions in the body of the English Act.

Amendment Act 32 of 1978-Statement of Objects and Reasons.-(1) The Indian Explosives Act, 1984 was enacted nearly a century ago when there were no indigenous manufacturers of high explosives in this country and only a few simpler type of explosive were manufactured.

(2) After Independence many large and small companies began to manufacture high explosives. There was a general complaint from the industry that the Explosives Act, which was based on the old British pattern, was not adequate to meet the country's growing requirements and resulted in difficulties for the industry. With a view to removing the shortcomings in the Indian Explosives Act and to obviate the difficulties experienced by the industry, the Government appointed in 1966 a Committee on Explosives to suggest ways and means for removal of the difficulties experienced in the working of the Act. This Committee submitted its Report suggesting a number of amendments to the Indian Explosives Act. These recommendations have been accepted by the Government. The more important amongst these recommendations are-

(a) enlargement of the definition of "explosive " to include therein some modern explosives;

(b) providing for variations of conditions of licenses granted under the Act or for suspension and revocation of the license, for appeals against the orders of the licensing authority; and

(c) empowering the Central Government to exempt any person or class off persons from the provisions of the Act or the rules made thereunder. The main object of the Bill is to give effect to the recommendations of the Committee on Explosives.

(3) Opportunity is also being taken to insert a provision in the Act for the laying of rules made under the Act before the Parliament in accordance with the recommendations of the Committee on Subordinate Legislation.

An Act to regulate the manufacture, possession, use, sale, [transport, import and

export] [[Substituted by Act 32 of 1978, Section 2, for

[transport and importation] (w.e.f. 2.3.1983).]] of explosives.

Whereas it is expedient to regulate the manufacture, possession, use, sale, [transport, import and export] [[Substituted by Act 32 of