DRAFT EXPLOSIVES BILL, 2024 - GOVERNANCE

News: Govt proposes new explosives law

 

What's in the news?

       The Department for Promotion of Industry and Internal Trade (DPIIT) released ‘Draft Explosives Bill (2024)’, for public Consultation.

 

Draft Explosives Bill 2024:

       Replaces ‘Explosives Act, 1884’ aimed to regulate the manufacture, possession, use, sale, transport, import and export of explosives.

 

Important Provisions:

1. Defines Explosive:

       Explosive means gunpowder, nitroglycerine, nitroglycol, guncotton, or any other substance used or manufactured to produce a practical effect by explosion or pyrotechnic effect.

 

2. Licensing Authority:

       Chief Controller of Explosives or such other authority as may be prescribed.

       The Central Government shall prescribe the authority competent to grant, suspend or revoke a licence.

       Currently, PESO is responsible for such things.

 

3. Punishment for Contravention:

       Manufacturing, import or export in contravention of the Act will attract imprisonment for up to three years, a fine of Rs 1,00,000, or both.

 

4. Power of Central Government:

       It can make rules to carry out the provisions of this Act.

 

Go back to basics:

Explosives Act, 1884:

       The Explosives Act of 1884 is a crucial piece of Indian legislation that governs the manufacture, possession, use, sale, transportation, import, and export of explosives in India.

 

Historical Backdrop:

       Enacted during British colonial rule, the Explosives Act of 1884 aimed to regulate various aspects of explosives.

 

Safety Regulations:

       The Act applies to various types of explosives, including gunpowder, dynamite, nitroglycerin, and other similar substances.

       The Act mandated safety standards and procedures to mitigate risks associated with explosives, encompassing handling, transportation, and storage guidelines to prevent accidents.

 

Power of Central Government:

       The Act empowers the Central Government to make rules regulating the manufacture, possession, use, sale, transport, import, and export of explosives.

       These rules govern the issuance of licences, fees, conditions, and exemptions.

 

Prohibition of Dangerous Explosives:

       The Central Government can prohibit the manufacture, possession, or importation of especially dangerous explosives in the interest of public safety.

 

Exemption:

       The Act does not affect the provisions of the Arms Act, 1959.

       Provisions are made for licences issued under the Explosives Act to have the effect of licences under the Arms Act.

       The Arms Act of 1959 regulates the possession, acquisition, and carrying of ammunition and firearms. It also aims to curb illegal weapons and violence.

       The Arms Act of 1959 replaced the Indian Arms Act of 1878.

 

Petroleum and Explosives Safety Organisation (PESO):

       Nodal agency for regulating safety of hazardous substances such as explosives, compressed gas and petroleum.

       It was established in 1898.

 

Nodal Ministry – Ministry of Commerce and Industry

 

Mandate:

       Administer the responsibilities delegated under the Explosives Act 1884 and Petroleum Act 1934 and the Rules made thereunder.