Section 5:
Power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export 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.
7* * * * *
Notes:
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).