THE EXPLOSIVES RULES, 1940

CHAPTER I PRELIMINARY

1. Short title and extent.—(1) These rules may be called the Explosives
Rules, 1940.
(2) They extend to ail the Provinces of Pakistan including Baluchistan,
the Capital of the Federation and the Acceding States.
2. Suppressions and Saving. The Indian Explosives Rules, 1914, the
Berar Explosives Rules, 1914 and all rules and notifications issued by the
Local and Provincial Governments, under the Indian Explosives Act, 1884 (IV of
1884), arc hereby superseded but (i) all licences or duplicates granted or
renewed and all fees imposed or levied shall be deemed to have been
respectively granted, renewed, imposed or levied under these rules; and
(ii) all approvals given, all appointments made and all powers conferred by or
under any rule or notification so superseded shall so far as they are consistent
with the Act and these rules, be deemed to have been given, made or by or
under these rules.
(2) Anything conformity with these rules which was permitted to be
dole by or under any rule in force immediately before the coming into force of
these rules, may, in special cases, be permitted by the Chief Inspector by order
in writing to be continued for such period not exceeding in the order.
3. Definitions. In these rules, unless, there is anything repugnant in the
subject or context,-
(a) "the Act" means the Explosives Act, 1884 (IV of 1884);
(b) "Authorized explosive" means an explosive published by the Chief
inspector from lime to time in the Gazette of Pakistan;
(c) "Boat" means any vessel other than a ship as defined below;
(d) “Chief Inspector” means the Chief Inspector of Explosives in
Pakistan;
(e) "Conservator of the Port" includes any person acting under the
Authority Of the officer or body of persons to be appointed
Conservator of the port under section 7 of the Indian Ports Act,
19'J8 (XV of 1908);
(f) "detonator'" means a capsule or case which is of such strength and
construction, and contains fulmination in such quantity that the
explosion of one capsule or case would communicate the explosion
to like cap-suits or cases when in proximity;
{g) ''District Authority” means the
District Magistrate ;
(h) ''District Magistrate" includes an "Additional District Magistrate”;
(i) "Form" means a form set forth in Schedule V to these rules;
(j) "Inspector of Explosives" includes an Assistant Inspector of
Explosives;
(k) "Safety cartridge" means a cartridge for small-arms having a
diameter not exceeding one inch, the case of which can be
extracted from the small-arm after firing ; and which is so closed as
to prevent any explosion in one cartridge being communicated to
other cartridges ;
(l) "Safety fuse" means a fuse for blasting which burns and does not
explode, and which does not contain its own means of ignition, and
which is of such strength and construction, and contains an
explosive in such quantity that the burning of such fuse would not
communicate laterally with other like fuses;
(M) "Schedule1' means a schedule annexed to the rules;
(n) “Ship” means a vessel ordinarily used or intended to be used in sea
navigation and not exclusively propelled by oars;
(o) "small-arms nitro-compound" means a nitro-compound adapted
and intended exclusively for use in cartridges for small-arms ;
(p) "Testing Officer" means such officer as the Central Government
may appoint in this behalf;.
(q) "ton" with reference to the weight of explosive, means 2,000 lbs.
(r) "transport1" means to move from one place to another in Pakistan.
4. Classification of explosives; (1) For the purposes of these rules,
explosives shall be classified in manner specified in Schedule I.'
(2) If any explosive falls within the limits of more than one class as
defined in Schedule I, it shall be deemed to belong exclusively to the last in
number of such classes.
5. General exemptions.—(1) Nothing in these rules shall apply :-(i) unless
otherwise expressly provided in these rules, to any explosives of the 1st
Division of the 6th (Ammunition) Class other than safety fuses for blasting ;
(ii) to the manufacture, possession, sale, transport or importation of
paper caps for toy pistols, or colored matches known as Bengal Lights or
Star Matches, under such conditions and in such quantities as the Chief
Inspector or in the case of transport by rail the Railway Board, of the
recommendation of the Chief Inspector may from time to time determine, or to
the possession, 'ale, transport or importation of snaps when contained in fully
manufactured Christmas or bon-bon crackers; (iii) to any explosive carried on
board any ship in compliance with the provisions of the Merchant Shipping
Acts, 1894 to 1940, or of any order, rule or regulation there under for the time
being in force provided that such explosives shall not be stored with or near
any explosive carried as cargo in the ship.
(2) If the Chief Inspector is satisfied that in respect of any explosive of
the 2nd Division of the 7th (Fireworks) Class any of the requirements of these
rules may be safely suspended or modified for such period and under such
conditions as be may think fit, and may at any time revoke such order.
CHAPTER -- II GENERAL PROVISION
6. Prohibition of unauthorized explosives.—No person shall import,
transport, manufacture, possess, use or sell any explosive which is not an
authorized explosive.
7. Restriction on delivery and dispatch of explosives.—(1) No person shall
deliver or dispatch any explosive to any one in Pakistan other than a person
who (a) is the holder of a licence to possess the explosives or the authorized
agent of a holder of such a licence, or (b) is entitled under these, rules to
possess the explosives without a licence.
(2) The explosives so delivered or dispatched shall in no case exceed
the quantity which the person to whom they are delivered or dispatched is
authorized to possess with or without a licence under these rules.
8. Packing of explosives.—'No explosive shall be imported, tendered for
transport, transported, possessed or sold unless it is packed in the manner
laid down in Schedule ii and the package is marked in accordance with Rule 9 :
Provided that nothing in this rule shall apply to (a) explosives in the
process of manufacture; and (b) manufactured fireworks ; possessed or
transported by any person entitled under clause (b) of Rule 88 to possess them
without a licence.
9. Marking of package.- (1) The outermost package shall be marked in
conspicuous characters by means of either branding, stamping, embossing, or
painting or by affixing a securely attached label, with (a) the word "Explosive", (b)
the name or the explosive, (c) the number of the Class and of the Division to
which it belongs, and (d) the name of the consignor or manufacturer;
Provided that in the case of safely fuzes or gun-powder, the word
"Explosive" and the number of the Class and Division may be omitted.
(2) In the case of a nitro-compound or of a chlorate-mixture there
shall be added the date of manufacture or issue from the factory or such sign
indicating such dale as may be approved by Chief Inspector.
(3) Where an outer package contains more than one explosive, it
shall be marked separately in accordance with sub-rules (1) and (2) in
respect of each explosive so contained.
10. Relaxation of packing rules.—If the Chief Inspector is satisfied that in
any special case any of the requirements of Rules 8 and y may be safely
relaxed, he may, by order in writing, authorize such relaxation under such
conditions as he may think fit.
11. Weight of explosives.—(1) The weight of explosives when referred to in
these rules shall not include the weight of the packing case or box in which the
explosives arc packed.
(2) In the case of explosives of the 6 th (Ammunition) Class or 7th
(Fireworks) Class, the weight shall be deemed to be the weight of the completed
article inclusive of the case or contrivance in which the explosive is
contained.
12. Precautions to be observed in handling explosives,—(1) The floor of any
place or any carriage or vessel on which any explosive is or is to be laid and
the ground, gangway desks and other places over which the explosive is to
be conveyed during loading or unloading shall be (i) carefully examined to
ensure that there is nothing thereon in contravention of these rules or likely to
endanger the safety of the consignment ; and (ii) thoroughly cleaned and swept
before and after use.
(2) The casks or packages containing the explosives shall not be
thrown or dropped down or rolled or pulled along the ground or floor but shall
be passed from hand to hand and carefully deposited and stored.
(3) Where a cask or package is to be slung, due precautions shall be
taken to sling it in such a manner as effectually to prevent the possibility of a
fall.
(4) After the handling of explosives has commenced the operations
shall proceed with due diligence and without unnecessary stoppages.
13. Prohibition of smoking, fires, lights, and dangerous substances.— No
person shall smoke, and no tires, lights or articles or substances of an
inflammable nature or liable to spontaneous ignition or to cause or
communicate fire or explosion, such as sulphuric acid, petroleum, carbide or
calcium or compressed gases, shall be allowed (a) at anytime in proximity
to a place where an explosive is stored or (b) at any place where an
explosive is handled, one hour before and during such handling :
Provided that nothing in this rule shall apply to the use on a ship of (i) an
engine room fire, if such tire is previously carefully banked up, or (ii) any artificial
light or ship's lights of a type approved in writing by the Chief Inspector in areas
outside port limits and by the Conservator of a port within port limits,
14. Prohibition of matches, etc. — No person, in or near any place where
explosives are handled shall (a) have in his possession any matches,
fuzes or other appliances for producing ignition or explosion or any knives or
other articles made of iron or steel ; or (b) wear boots or shoes with iron
nails or shod or strengthened with iron, unless such boots or shoes are
covered with leather, India-rubber, felt or other material, in the form of overshoes
or otherwise.
15. Spilt explosive to be destroyed.—If any explosive escapes from the
package in which it is contained, or is spilt, such explosive shall immediately be
carefully collected and destroyed.
16. Children and intoxicated persons.—No child under 15 years of age and no
person who is in a state of intoxication shall be employed on the loading,
unloading or transport of explosives, or be employed in or allowed to enter any
premises licensed under these rules.
17. Competent person to be in charge of operations.—Every person
holding or acting under a licence granted under these rules shall, whenever
explosives are loaded, unloaded or handled, depute a competent person
experienced in the handling of explosives to be present at and to conduct the
operations in accordance with these rules.
18. Precautions against danger from water or exposure to the sun.—(1) In the
case of any explosive which is liable to be dangerously affected by water
due precautions shall at all times be taken to prevent water from coming into
contact with such explosive.
(2) Packages containing explosives shall not be allowed to remain in
the sun.
19. Special precautions against accidents and the exclusion of
unauthorized persons.—(1) No person shall commit any act which may tend to
cause a five or explosion in or about any place where an explosive is
manufactured, stored, handled or transported :
Provided that nothing in this sub-rule shall apply to any act which is
reasonably necessary for the purpose of the manufacture, storage or handling
during transport of any explosives or of any article present therewith.
(2) Every person possessing explosives and every person in charge of
or engaged in the importation, manufacture, sale, transport or handling of
explosives shall at all times (a) comply with the provisions of these rules and the
condition of any licence relating thereto; (b) observe all due precautions for the
prevention of thefts and of accidents by fire or explosion ; (c) prevent
unauthorized persons from having access to the explosives; id) prevent any other
person from committing any such act as is prohibited under sub-rule (1).
CHAPTER III IMPORTATION PART I—GENERAL)
20. Application.-—'The provisions of this chapter, excepting Rule 23, shall
not apply to the bringing into Pakistan in the course of transport of any explosive,
other than an explosive which having been imported by sea at any port
specified in Rule 22 has not been tested, analyzed or examined at that port
as required by or under these rules.
ARMS, EXPLOSIVES & FORENSIC BALLISTICS
21. Licence and test certificate for import of explosives.— (1) No explosive
shall be imported except under and in accordance with the conditions of a licence
granted under these rules.
(2) No licence for the import of an explosive shall be. granted unless
(a) the explosive, if of the 3rd (Nitro-compound) Class, or 4th (chlorate-mixture)
Class, is certified in From A by the testing officer have passed the test set forth in
Schedule III applicable to such explosive; and (b) the explosive is certified to
have passed such analysis or examination if any, as the Chief Inspector or the
Customs Collector at his discretion by order in writing may require in order to
determine its composition or condition.
PART II—IMPORTATION BY SEA
22. Importation by sea.—No explosive shall be imported by sea except
at the ports of Karachi and Chittagong,] provided that (i) an explosive may be
imported at the ports of [Chalna and Khulna] with the previous sanction of
the Central Government and subject to such conditions and restrictions as it
may in any particular case impose ; 2(ii) Chinese crackers may be imported at
the ports of 3[Chalna and Khulna].
23. Declaration by master of ship or by the ship's agent. (1) The master of
every- ship carrying explosives or the agent for such ship shall give the
Conservator of the port not less than 48 hours' notice of its intended
arrival at the port.
(2) The master of every ship carrying explosives shall deliver to
the pilot, before entering any port, a written declaration in Form B under his
signature:
Provided that if, in anticipation of a ship's arrival, the agent for such ship delivers
to the Conservator of the port a written declaration as aforesaid under his
signature, no such declaration need be made by the master of the ship.
(3) Every declaration delivered to a pilot under sub-rule (2) shall be
made over by him without delay to Die Conservator of the part, and all
decoration; received by the Conservator of the port shall be for warded by
him, with all convenient dispatch, to the Customs Collector of the port.
24. Procedure for delivery of Samples from ship's cargo,—(1) When the
master of, or the agent for, a ship has made declaration required by Rule 23,
such officer as the Customs Collector of the port may authorize in this behalf
shall go on board the vessel and obtain samples of all such explosives as it is
intended to land at the port and are required by or under these rules to be tested,
analyzed or examined,
(2) The master shall deliver to the officer referred to in sub-rule (I)
without charge samples of all explosives of which samples are to be taken under
the sub-rule. Such sample- shall, if the officer so requires, be taken from the
particular packages indicated by him.
 (3) If the taking of any samples under sub-rule (1) involves the
Opening of any case, such case shall, before it is opened, be removed to an
isolated position at a safe distance from any place where consignments of
explosives are stored.
25. Dispatch of samples to the testing officer. (1) The officer taking a sample
of any explosive under Rule 24 Shall affix to it the name of the ship, the name of
the consignee: and such other distinguishing mark as he may think necessary
and shall forward it to the testing officer without delay.
(2) In the case of a nitro-compound or a chlorate mixture, the date or
sign referred to in the sub-rule (2) of Rule 9-shall also be affixed to the sample.
26. Testing of samples.—(1) The testing officer shall test, analysis or
examine, as the case may be, the samples and shall without delay forward to the
Customs Collector a report in duplicate under his signature certifying whether
the explosive has satisfied the prescribed test, analysis or examination.
(2) The Customs Collector shall, as soon as practicable and ordinarily
within twenty-four hours after receipt of the report of the testing officer, forward
one copy of it to the licensing authority.
27. Production of licence for import.—Every person desiring to import
explosives shall produce, personally or through his agent, before the Customs
Collector his licence for the import of such explosives.
28. Permission of the Customs Collector to land explosives.—(1) "No imported
explosives shall be landed except with the permission of the Customs Collector.
(2) If the Customs Collector, after receiving the report of the testing
officer under Rule 26 and the licence for the import of such explosive, and after
making such further inquiries as he deems necessary, is satisfied that the
explosive can lawfully be imported, he shall permit it to be landed.
(3) Nothing in this rules shall affect the power of the Customs Collector
to detain the explosive under any other law for the time being in force.
29. Importation by sea in anticipation of the report of the testing officer or
grant of licence.—(l) Notwithstanding anything contained in Rule 21 or
Rule 28 where the consignee furnishes to the Customs Collector a written
undertaking (without security or with such security as that officer deems
sufficient) that he will, in the event of the explosive failing to pass- the test,
analysis of examination referred to in Rule 21 comply with such directions as to
its disposal as the Chief Inspector, after consulting the Conservator of the port,
where necessary, may issue, the Customs Collector may permit any authorized
explosive specified in sub-rule (2) to be imported by sea and landed in
anticipation of the report of the testing officer of the grant of a licence to import at
any port at which the import of such explosive is permitted under Rule 22. .
(2) Sub-rule (I) shall not apply unless, the authorized explosive—(a) if
of British manufacture, is certified by the manufacturer to be of British
manufacture; or (b) if not of British manufacture, (i) is imported from the United
Kingdom and is covered by a certificate granted by one of Hi Majesty's Inspector
of Explosives in the United Kingdom showing that it has passed the United
Kingdom tests; or (ii) is proved to the satisfaction of the Central Government to
have been manufactured under adequate official supervision.
(3) The permission granted under sub-rule (1) shall be subject to the
following conditions and such further conditions as the Customs Collector may
impose: (a) the explosive shall be conveyed to and stored in a place or magazine
properly licensed under these rules for the storage of the class of explosive
imported, and the consignee shall give notice of the storage in such place or
magazine to the District Authority in whose jurisdiction the place or magazine is
situated, (b) An explosive which is not of British manufacture shall not be
transported by rail until a licence to import such explosive has been granted, (c)
The explosive shall not be removed or distributed from the place or magazine
referred to in clause (a) until a licence has been granted for its importation and
until the person in charge of the place or magazine has received notice in writing
from the licensing authority that it may be so removed or distributed.
PART III—Importation by Land
30. Importation by land.-—No explosive shall be imported by land save with
the previous sanction in each case of the Central Government and under such
conditions and restrictions as it may impose.
CHAPTER IV TRANSPORT
PART I—General
31. Licence for transport and issue of passes.— (1) An explosive shall not
be transported except under and in accordance with the conditions of a licence
granted under these rules : Provided that nothing in this sub-rule shall apply to (i)
the transport of any explosives imported under a licence in Form F, from the port
of import to the place of destination specified in the licence; (ii) transport of any
explosives in accordance with the provisions of Rule 29; (iii) the transport of
any explosives for the possession of which no licence is necessary (see Rule
83); (iv) the transport by the holder of a licence in Form J of any of the explosives
covered by his licence in such quantity as he may require for his private use.
(2) Every consignment of explosives transported under a licence shall
be accompanied by a pass issued by the licensee in Form II.
(3) Such pass shall be attached to the way-bill; invoice or dispatch is
the case may be.
(4) A copy of every pass issued under sub-rule (2) shall forthwith be
sent by the licensee—(i) to the licensing authority; and (ii) to the District in
whose jurisdiction the place to which the consignment is sent situated, when
such authority is not the licensing authority.
32. Explosives of different classes to be kept separate.—An explosive of the
5th (Fulminate) Class, or an explosive of the 6 th (Ammunition) Class
containing its own means of ignition, or an explosive of the 7 th (Fire’ works) Class
shall not be transported in the same carriage or save as provided in Rule 49, in
the same vessel and shall not be conveyed or handled with any explosive not of
the class and division to which it belongs.
33. Certificate of safety.--- (1) Before transporting or tendering for transport
an explosive of the 3 rd (Nitro-compound) or of the 4th (Chlorate-mixture) Class
the consignor shall attach to the consignment a valid certificate in Form
A granted by an Inspector of Explosives, or if the certificate is granted at
the time when the explosive is imported, by the testing officer or provided
the original is produced for verification, a copy of such certificate certified by the
consignor to be a true copy.
(2) The certificate referred to in sub-rule (1) shall be valid for a period
of twelve months from the date on which it is granted:
Provided that in case of nitroglycerine compounds which are not used as
propellants such certificate shall laps; on the 31 st July following and a fresh
certificate may, at the discretion of the Railway Administration concerned, be
demanded for explosives to be transported by rail during the period from 1 st April
to 31st July if the original certificate has been granted earlier than the 30 th
September preceding.
(3) A fee of [rupees five] shall be payable for a certificate granted or
renewed by an Inspector of Explosives under this rule;
Provided that should the Inspector of Explosives issuing the certificate
require a fresh test of the explosive to be made, a fee of Rs. 16 shall be charged
for such test.
34. Transport in passenger carriages and vessel,—Saves as otherwise
expressly provided in these rules no explosive shall be transported in any
carriage or vessel plying for or carrying passengers on hire.
35. Maximum consignment allowed.—The quantity of explosive transported
shall not exceed—(i) 10,000 lbs. in any one railway wagon; (ii) 4,000 lbs. in
any one carriage other than a railway wagon; (iii) 50,000 lbs. in any one boat.
36. Dispatch of explosive to carrier.—(1) No person shall dispatch any
explosive to carrier for purposes of transport unless—
(a) He has given to the carrier or his duly authorized local agent or, in
the case of Railway Administration, the Station' Master a notice in writing—(i) of
his intention to forward such explosives; (ii) certifying that the explosive has been
packed and marked in accordance with Rules 8 and 9; (iii) stating the true name,
description and quantity of the explosive to be transported ; and (iv) giving his
own name and address and the name and address of the consignee ; and
(b) he has received in reply an intimation in writing from such carrier,
agent or Station Master that he is prepared to receive the explosive for
immediate dispatch or for deposit in an authorized magazine or place at which
some person is licensed or otherwise authorized to receive it.
 (2) No person shall bring, send or forward to or upon any railway
any explosive which a Railway Administration has by and notice or regulation for
the lime being in force notified that it will not receive.
37. Place and time of hading and unloading.—(1) Every explosive shall be
loaded and unloaded at a safe distance from station buildings, dwelling
houses, factories, public buildings and other buildings or places where persons
assemble or petroleum, timber or any oilier inflammable material is stored or
handled.
(2) No operations connected with the loading, unloading and handling
of explosives shall be conducted between sunset and sunrise.
(3) Nothing in sub-rules (1) and (2) shall apply to any operation connected
with the transport of explosives by a passenger train or by a "pick up" or "van"
goods train used for the transport of small consignments or in the brake van of a
mixed train.
38. Carriage or vessel to be in readiness for loading.—No explosive shall
be brought on to any place of loading until the carriage or vessel into
which it is to be loaded is at the place in readiness to receive it.
39. Carriage or vessel to be incharge of a competent person.(i) A
carriage oilier than a railway carriage, or vessel transporting explosives
shall at all times be in charge of, and constantly attended by, a
competent person experienced in the handling of explosives and appointed by
the licensee.
(2) The person in charge of a carriage or vessel shall not drive,
conduct or manoeuvre such carriage or vessel in a dangerous or negligent
manner.
40. Protection from fire or explosion,—(1) No carriage or vessel shall be used
for transporting explosives unless all iron or steel therein with which a package
containing any explosive is likely to come in contact is effectually covered with
lead, leather, wood, cloth or other suitable material.
(2) Where the weight of the explosives transported in any carriage
exceeds 2000 lbs., they shall be placed in the interior of the carriage which
shall be enclosed on all sides with wood or metal so as effectually to protect the
explosives from communication of fire and the carriage shall be locked.
(3) Where the weight of the explosives transported in any vessel ex-
ceeds 2000 lbs. they shall be placed in the hold of the vessel which shall have
a closed deck and closely fitting hatches, double watertight bulkheads shall be
provided at each end of the hold where the explosives are stowed and the
hatches shall be locked.
(4) Where the explosives carried is any carriage or vessel do not exceed
1000 lbs. in weight, the explosives shall unless they are conveyed in the
manner specified in sub-rule (2) or sub-rule (3) as the case may be completely
covered with fire-proofed cloth, or any other suitable material so as effectually
10 protect the explosives from communication of fire.
41. Delay in transit to be avoided.—If the quantity of explosives transported
in any carriage or vessel exceeds five pounds, the person or persons in
charge of such carriage or vessel shall not stop or delay at any place for a longer
time than may be reasonably necessary, nor stop unnecessarily at any place
where such stopping would be attended by public danger.
42. Safety distances between carriages or boats.— Where the explosives in
two or more carriages or in two or more boats traveling in company exceeds
the maxima prescribed in Rule 35 for any one carriage or boat, such
carriages or boats shall not approach within fifty yards of one another provided
that (a) nothing in this rule shall apply to the transport of explosive by rail; (6)
the Conservator of the port may waive the requirement of this rule within the
limits of port if in his opinion it is impracticable to secure compliance with it.
43. Repairs to conveyance, any repairs or alterations are commenced to any
part c" a carriage or vessel in which explosives are being or has
been transported, all due precaution shall be taken lo remove all such
explosives, or any remnants thereof, and the space in such carriage or vessel in
which such explosives have been carried shall be thoroughly washed out to
ensure that no remnants of explosives remain therein.
44. Small quantities of fireworks exempted.—-Nothing contained in Rules 34,
39 and 40 shall apply to the transport of manufactured fireworks in the custody of
a person entitled to possess them without a licence under Rule 83 (b) : provided
that not more than five pounds of manufactured fireworks shall be so
transported in any motor vehicle licensed for the conveyance of more than six
passengers.
PART II—TRANSPORT BY WATER
45. Notice of loading on or unloading from ships. — No explosive shall be
loaded on or unloaded from a ship within the limits of a port unless 48 hours
notice in writing of the intended time and place of such operation has been given
to the Conservator of the port.
46. Responsibility of a person incharge of a vessel.—Whenever any
explosive is being loaded into or unloaded from a vessel, the person in
charge of the vessel, or some responsible person deputed by him for-this
purpose, shall be present at and shall supervise such loading or un loading,
and shall take all due precautions in regard to such explosive until the completion
of the receipt and stowage or discharge thereto.
47. Steamer fires and lights.—No explosive shall be loaded on or unloaded
from any ship—(a) unless the engine-room fires have been previously
carefully banked up, and other fires and lights extinguished; or (b) while the
ship is attached to or along side of any steam vessel or steam tug", unless the
engine-room fires of such steam vessel or steam the have previously been
carefully banked up and all other fires and light have previously been
extinguished:
Provided that nothing in this rule shall prevent the employment of any
artificial light or ship's signal lights of a type approved in writing by the Chief
Inspector in areas outside port limits and by the Conservator of the port within
port limits.
48. Stowage.—No explosive shall be stowed in a ship except in accordance
with the regulations issued from time to time by the Board of Trade to regulate
the carriage of dangerous goods and explosives in ships.
49. Conveyance of explosives on unberthed passenger ships.—Any
authorized explosive satisfying the requirements of clauses (a) and (b) of sub-
rule (2) of Rule 21 or those of clauses {a) and (b) in sub-rule (2) of Rule 29 may
be transported in a properly constructed magazine on an unberthed passenger
ship to which Part IV of the Indian Merchant Shipping Act, 1923 (XXI of 1923),
applies, being a home-trade ship as defined in subsection (3) of section 2 of the
said Act or plying to ports in the Persian Gulf : Provided that—(a the
consignor satisfies the certifying officer referred to in section 157 of the
Indian Merchant Shipping Act, 1923 (XXI of 1923) that no other means of
conveying the explosives are available ; (b) the magazine complies in all
respects with the specification for magazines in ships laid down by the Board
of Trade and is approved by Surveyors of the Mercantile Marine Department;
(c) the explosives are packed and marked as laid down in these rules and
stowed in such manner as a Chief Inspector may by general or special order
direct ; (d) detonators are not carried in the same hold as other explosives ;
and (e) the hold containing the magazine does not contain any other
hazardous or inflammable goods at any time during which the magazine is in
use for the carriage of explosives.
50. Conveyance of explosives on passenger vessels.—(1) The following
explosives may be carried in a passenger vessel—(a) any explosive not ex-
ceeding 5 lbs. in weight, other than a fulminate (Class 5) ammunition containing
its own means of ignition (Class 6, Division 3), fireworks (Class 7) and (b)
detonators not exceeding 200 in number and certified in writing by the licensee
not to contain in the aggregate more than 8 ozs. of explosive: Provided that—(i)
previous notice is given to the person in charge of the vessel in which the
explosive is intended to be conveyed ; (ii) all due precautions are taken to
prevent accidents by fire or explosion; (iii) detonators are not carried in the same
compartment as other explosives.
(2) Nothing in Rules 37 (2), 39, 47, 51 to 55 and 58 shall apply to
explosives carried in a passenger vessel under sub-rule (1).
51. Anchorage of vessel carrying explosives.—(1) Every vessel having
explosives on board and entering a port shall be anchored at such anchorage as
the Conservator of the port shall appoint in this behalf and shall not leave such
anchorage without the general or special order of the Conservator of the port and
subject to such conditions as may be specified in the order.
 (2) Such anchorage shall in no case be the same as that for vessels
laden with petroleum (such distance from the anchorage fox vessels laden with
petroleum as so render it impossible for a fire originating at the former anchorage
to affect vessels anchored at the latter.
52. Red flag or warning light to be exhibited.—Every vessel having explosives
on board exceeding 100 lbs, in weight shall, while approaching leaving a port
and during the time, that it remains within the limits of the port or on any inland
waters, exhibit conspicuously— (a) between sunrise and sunset, a red flag not
less than three feet square and (6) between sunset and sunrise, a signal red light
visible all round the horizon.
53. Vessels to lie singly,—-Every vessel wholly or partly laden with
explosives shall lie singly and be kept at a distance of at least fifty yards from any
other vessel except during the actual transshipment of explosives, when one
boat may tie alongside on each side of a ship, boat or floating magazine and
two ships may lie alongside each other.
54. Hatches to be closed and covered,—The hatches of any vessel having
any explosive on board shall be kept closed except when the operation of
loading or unloading is being actually performed and, when closed, shall be
covered with tarpaulin or raw hides, securely battened down and locked,
55. Vessels not to lie alongside magazines, jetties, etc.—No vessel having
any explosive on board shall lie alongside any vessel, floating magazine, quay,
wharf, jetty, land or landing stage except for the purposes of loading or unloading
and then only during the time necessary for actual loading or unloading, of such
vessel and shall proceed on its voyage without delay except such delay as may
be unavoidable in consequence of tide or weather.
56. Loading and unloading prohibited while a vessel is under way.—No
explosives exceeding 1000 lbs. in weight and no detonators shall be loaded or
unloaded while a vessel is under way.
Explanation.—A vessel is "under way" when she is not at anchor or
moored or made fast to the shore or aground.
57. Place of loading and unloading within a port area.—Explosives shall within
the limits of a port be loaded from, landed at, brought into, or deposited upon
only such quay or other place as the Conservator of the port may by general or
special order direct.
58. Cushion to be used.—A cushion, properly stuffed with oakum and covered
with leather and fitted with slings, or one of such kind as the Conservator of the
port may from time to time approve, shall be used in shipping an explosive in any
vessel or in landing it upon any wharf or other landing place within the limits of a
port.
59. Ships to handle explosives with dispatch.—(1) Ships arriving in a port with
explosives intended to be landed at that port shall discharge them with all
reasonable dispatch, and ships taking explosives onboard shall proceed to with
all reasonable dispatch.
 (2) No ship or boat shall retain on board any cargo of explosives and
remain in the port for a period longer than three days unless such period is,
under special circumstances, extended by the Conservator of the Port.
60. Boats to he licensed.—(1) No boat shall be used for the transport of
explosives exceeding 2000 Its in weight except under and in accordance with the
conditions of a licence granted— (c) by the Conservator of the port in the case of
a boat plying-within the Hunts of a port, or (b) by an officer appointed by the
Central Government in his behalf in the case of a boat plying in areas outside
port limits,
(2) The licence shall specify the maximum quantity of explosives the
boat is authorised to carry, which quantity shall be fixed in consultation with
the Chief Inspector.
(3) Every licence granted under sub-rule (1) shall remain valid for a
period of (a) four months in the case of a boat plying within the limits of a port,
and {b) one year hi the case of a boat plying in areas outside port limits.
(4) The licence referred to in sub-rule (1) shall be granted or renewed
in such form and on payment of such fees as may be specified by the Central
Government,
(5) Every person in charge of any boat-licensed under sub-rule (1)
shall, when required so to do by any officer mentioned in Rule 106, produce the
licence of such boat for inspection.
61. Buoy to be carried.—(1) Every boat carrying explosives within the limits of
a port shall carry on deck a buoy with 15 fathoms of 3" rope, one end of the rope
being attached to the buoy and the other end to the boat. The rope shall be
attached to such part the boat as is most clear of spares, gear or other
obstruction and at such point as is approved by the licensing, authority under
Rule 60.
(2) The buoy shall be a drum painted and measuring not less than
1.9" MI length and 1.2" in diameter, properly strapped with an iron band in the
middle and having a ring attached for securing the rope.
62. Smoking, fire, dangerous article and other cargo prohibited.—The
following shall not be permitted on board any boat which has explosives on
board : (i) fire or light of any description other than the warning light referred to
in Rule 52 ; (ii) smoking, (iii) any substance of an inflammable nature or liable to
spontaneous ignition; (iv) any substance liable to cause or communicate fire or
explosion ; (v) any other cargo, unless the carrying of such other cargo has
been specially authorised in writing by the Conservator of the port within port
limits or by the Chief Inspector in area outside port limit :
Provided that nothing in this rule shall apply to the transport of explosives
in a mechanically propelled boat subject to such conditions as may be specified
by the Chief Inspector.
 PART III-TRANSPORT BY LAND
63. Streets and public places—(1) No person shall transport or cause to
be transported any explosive in any street or public place within the limits of a
municipality or cantonment except under and in accordance with the condition of
a written permit granted by the District Authority.
(2) Nothing in sub-rule (1) shall be held to authorise the transport, in
sue'' street or public place, of— (a) any explosive of the 5th (Fulmirate) Class; or
(b) any prohibited explosive; or (c) any detonators together with any other
explosive.
(3) Every permit granted under sub-rule (1) shall specify (a) the
maximum of each explosive permitted to be transported at any leaving a port
and during the time, that it remains within the limits of the port or on any inland
waters, exhibit conspicuously— (a) between sunrise and sunset, a red flag not
less than three feet square and (6) between sunset and sunrise, a signal red light
visible all round the horizon.
53. Vessels to lie singly,—-Every vessel wholly or partly laden with
explosives shall lie singly and be kept at a distance of at least fifty yards from any
other vessel except during the actual transhipment of explosives, when one
boat may tie alongside on each side of a ship, boat or floating magazine and
two ships may lie alongside each other.
54. Hatches to he closed and covered,—The hatches of any vessel having
any explosive on board shall be kept closed except when the operation of
loading or unloading is being actually performed and, when closed, shall be
covered with tarpaulin or raw hides, securely battened down and locked,
55. Vessels not to He alongside magazines, jetties, etc.—No vessel having
any explosive on board shall lie alongside arty vessel, floating magazine, quay,
wharf, jetty, land or landing stage except for the purposes of loading or unloading
then only during the time necessary for actual loading or unloading, of such
vessel and shall proceed on its voyage without delay except such delay as may
be unavoidable in consequence of tide or weather.
56. Loading and unloading prohibited while a vessel is under way.—Nq'
explosives exceeding 1000 lbs. in weight and no detonators shall be loaded or
unloaded while a vessel is under way.
Explanation.—A vessel is "under way" when she is not at anchor or
moored or made fast to the or aground.
57. Place of .loading and unloading within a port area.—Explosives shall
within the limits of a port be loaded from, landed at, brought into, or deposited
upon only such quay or other place as the Conservator of the port may by
general or special order direct.
58. Cushion to be used.—A cushion, properly stuffed with oakum and covered
with leather and fitted with slings, or one of such kind as the Conservator of the
port may from time to time approve, shall be used in shipping an explosive m any
vessel or in landing it upon any wharf or other landing place within the limits of a
port.
59. Ships to handle explosives with despatch.—(1) Ships arriving in a port
with explosives intended to be landed at that port shall discharge them with all
reasonable despatch, and ships taking explosives onboard shall proceed to sta
with all reasonable despatch.
(2) No ship or boat shall retain on board any cargo of explosives and
remain in the port for a period longer than three liays unless such period is, under
special circumstances, extended by the Conservator of the Port.
50. Boats to he licensed.—(1) No boat shall be used for the transport of
explosives exceeding 2000 Its. in weight except under and in accordance with
the conditions of a licence granted— (c) by the Conservator of the port in the
case of a boat plying-within the Hunts of a port, or (b) by an officer appointed by
the Central Government in his behalf in the case of a boat plying in areas
outside port limits,
(2) The licence shall specify the maximum quantity of explosives the
boat is authorised to carry, which quantity shall be fixed in consultation with
the Chief Inspector.
(3) Every licence granted under sub-rule (1) shall remain valid for a
period of (a) four months in the case of a boat plying within the limits of a port,
and {b) one year hi the case of a boat plying in areas outside port limits.
(4) The licence referred to in sub-rule (1) shall be granted or renewed
in such form and on payment of such fees as may be specified by the Central
Government,
(5) Every person in charge of any boat-licensed under sub-rule (1)
shall, when required so to do by any officer mentioned in Rule 106, produce the
licence of such boat for inspection.
61. Buoy to be carried.—(1) Every boat carrying explosives within the limits of
a port shall carry on deck a buoy with 15 fathoms of 3" rope, one end of the rope
being attached to the buoy and the other end to the boat. The rope shall be
attached to such part of the boat as is most clear of spares, gear or other
obstruction and at such point as is approved by the licensing, authority under
Rule 60.
(2) The buoy shall be a drum painted and measuring not less than
1.9" MI length and 1.2" in diameter, properly strapped with an iron band in the
middle and having a ring attached for securing the rope.
62. Smoking, fire, dangerous article and other cargo prohibited.—The
following shall not be permitted on board any boat which has explosives on
board : (i) fire or light of any description other than the warning light referred to
in Rule 52 ; (ii) smoking, (iii) any substance of an inflammable nature or liable to
spontaneous ignition ; (iv) any substance liable to cause or communicate fire or
explosion ; (v) any other cargo, unless the carrying of such other cargo has
been specially authorised in writing by the Conservator of the port within port
limits or by the Chief Inspector in area outside port limit :
Provided that nothing in this rule shall apply to the transport of explosives
in a mechanically propelled boat subject to such conditions as may be specified
by the Chief Inspector.
PART HI-TRANSPORT BY LAND
63. Streets and public places—(I) No person shall transport or cause to
be transported any explosive in any street or public place within the limits of a
municipality or cantonment except under and in accordance with the condition of
a written permit granted by the District Authority.
(1) Nothing in sub-rule (1) shall be held to authorise the transport, in
sue'' street or public place, of— (a) any explosive of the 5th (Fulmirate) Class; or
any prohibilcd explosive; or (c) any detonators together with any other explosive.
(3) Every permit granted under sub-rule (1) shall specify (a)
the maximum of each explosive permitted to be transported at any loaded or
unloaded at or on any railway station or wharf, or be attached to or transported
by any one train.
(2) The quantity of explosive to be contained or loaded in any one such
carriage shall at no time exceed 10,000 lbs. in weight in the aggregate.
71. Prohibition on passenger or mixed trains.—No explosive shall be
transposed by any passenger or mixed train.
72. Despatch of explosive vans by mixed trains. –Notwithstanding anything
contained in Rule 71 any explosive may be transported by a mixed train in vans
specially approved under Rule 66 on any line or section on which goods trains
are not running subject to the following conditions—(a) not more than three such
vans containing explosives shall be hauled at any one time ; (b) there shall be
not less than three carriages between the vans containing explosives and the
engine and between such vans and the passenger carriages ; (c) the vans
containing explosives shall be close-coupled to the adjoining carriages and to
each other; (d) immediately on entering any section upon which goods trains are
running the vans containing explosives shall be detached from the mixed train.
73. Conveyance of explosives by passenger or mixed trains.—Notwith-
standing anything contained in Rules 66 and 71 the following explosives may
be transported by passenger or mixed trains— (i) Safety fuzes for blasting ;
(ii) explosives of the 3rd (Nitro-compound) Class, other than propellants, in
the form of cartridges not exceeding in the aggregate 5 lbs. in weight, provided
no detonators are carried in the same compartment ; (iii) detonators to the
number of 200 if the amount of explosive in the package or packages containing
the detonators does not exceed in the aggregate 8 oz. : provided— (a) a
certificate to such effect is tendered by the consignor, and (b) no other explosive
is carried in the same compartment ; (/v) sporting powders and propellants
packed in double packages prescribed in Schedule II ; provided— (a) the
explosive is contained in tin canisters containing not more than 5 lbs. each
packed in a stout wooden case with a completely spark-proof outer cover of tin of
zinc or in a metal case or cylinder of a pattern approved by the Chief
Inspector, (b) no outer case contains more than 25 lbs. of explosive ; and (c)
the total consignment by one train does not exceed in the aggregate 75 lbs.
74. Receipt of consignment of explosives by railways— Consignments of
explosives intended to be transported by rail shall be received only— (a) by a
servant authorised by the Railway Administration concerned to receive
dangerous goods ; and (b) at such times between sunrise and sunset and
at such places within railway premises as the Railway Administration may specify
in this behalf.
75. Stowing of explosives.— (1) All packages containing explosives shall be
stowed in one layer only and shall be secured in such as to prevent movement
during transit when the carriage. Provided, that, if the packages of
explosives are rectangular in form and are properly secured so as to prevent
pavement Muring transit, they may be stowed in any number of layers not
exceeding.
(2) Hair cloth, hides or other suitable materials shall be spread on the
floor of the carriage and between each layer of packages.
(3) There shall not be conveyed in (he same carriage with any
explosive any matches or fuzes, any appliance for producing ignition or any other
article or substance of an inflammable nature or liable to cause fire OJ explosion,
such as petroleum, carbide, compressed gases and acids.
76. Shunting.—No shunting of carriages containing explosives shall be
carried out on any railway save under the superintendence of a duly authorised
officer who shall be responsible that-(n) when the train is being carriages
loaded with explosives shall not be shunted by a locomotive unless they are
separated from any engine by not less than three carriages containing no
explosive or easily inflammable substance ; (b) during the shunting of carriages
containing explosives the speed of all movements shall not exceed five miles an
hour ; and (r) no loose shunting takes place.
77. Delivery to and from railway premises—{!) Packages containing any
explosive shall be removed by the consignee from the station, -wharf or depot
of the railway to which they have been transported, as soon as practicable
and with all due diligence after arrival.
(2) If the packages are not removed within twelve hours of daylight
following their arrival, the packages and contents may be forthwith returned lo
the consignor at his risk and expense.
(3) Every package containing an explosive shall, until removed,
returned or dispatched, be kept in a safe place under the special direction of the
Station Master at a safe distance from the station buildings under a police
guard if necessary and shall be completely covered with tarpaulins or other
suitable material.
78. Powers of Railway Administration. (1) Where a Railway Administration
suspects that an explosive of carriage or package containing an explosive does
not comply with any of these rules, the Administration may—(a) prevent the entry
of such explosive, carriage or package upon their premises or refuse to receive
or transport them; or (b) at any time open or require such carriage or package
to be opened to ascertain the facts.
(2) If any explosive or any carriage or package containing explosives is
found not to comply with any of these rules, the Railway Administration may
return such explosive, carriage or package to the consignor; this risk and
expense.
(3) Where any explosive or any carriage or package containing
explosives not complying with these rules cannot in the opinion of the Railway
Administration be returned to the consignor under sub-rule (2) without undue risk,
the Administration may, in consultation with the Chief Inspector and in such
manner as he may specify, destroy al the consignor's risk and expense the
explosive or the contents of the carriage or package.
79. Explosives not to be carried across railway bridges.—No explosive shall
be carried otherwise than by rail across any railway bridge across which
reasonable facilities for the transport thereof by rail and traded by the Railway
Administration :
Provided that nothing in this rule shall apply to— (a) safety fuzes for
blasting, in any quantity; (b) gun-powder, or nitor-compounds, 'or Class 6,
divisions 2 and 3, in any quantity not exceeding 5 lbs. ; or (c) fireworks not
exceeding 10 lbs.
80. Conveyance of Chinese crackers.—\n the case of the transport by rail of
Chinese crackers, Class 7. divisions, and provided that all due precautions
are taken to prevent explosion, the provisions of rules 40 and 66 may be relaxed
during the period from July to March inclusive under an order or the District
Traffic Officer when the number or size of consignments offered is such that, in
his judgment serious delay would be caused by the observance of such rules.

CHAPTER V – MANUFACTURE, POSSESSION AND SALE

81. Licence for manufacture, tire, possession, use and sale.—(1) No

explosive shall be manufactured, possessed, used or sold except under
and in accordance with the conditions of a licence granted under these rules.
(2) The licensee shall be responsible for all operations in connectic
with manufacture, possession or sale of explosives which may be conducted in
the licensed premises.
82. No licence needed for manufacture in certain cases.—Notwithstanding
anything contained in Rule 81, no licence to manufacture shall be necessary—
(a) for the making ofasmali quantity of explosive for the '. purpose of chemical
experiment and not for sale or any other use ; or (6) in the case of any person
authorised under these rules to possess an explosive who by filling
cartridges, making charges or drying, shifting, fitting or otherwise, adapts or
prepares such explosive for use exclusively for blasting purposes in his mine or
quarry or in some excavation or work carried on by him or under his control.
83. No licence needed for possession in certain mves.—Notwithstanding
anything contained in Rule 81, no licence shall be .necessary for the
possession—
(a) of any explosive by a carrier or other person for the purpose of
transport when the same is being kept or transported in accordance with the
provisions of Chapter IV regulating the transport of such explosive ; or
(b) by any person, of manufactured fireworks in any quantity not
exceeding 50 lbs., provided that the fireworks—(i) are obtained and intended by
such person for immediate use and not for sale and are possessed by him for a
period not exceeding fourteen days, (ii) arc kept in a substantial receptacle which
is exclusively appropriated to the keeping of explosives and is closed and
secured so as to prevent unauthorized persons from having access to explosives
; or
(c) by any person for his own private use and not for sale of gun-
powder not exceeding 30 lbs,, or of small-arm 1 :tn>compound not exceeding JO
lbs., or
(d) by a Railway Administration of flare lights for use on railway ; or
(e) of any explosive, which is not for sale and is required solely for the
navigation of aircraft, when kept in an aircraft for use '.herein or for to that
aircraft or to aerodromes, or at any aerodromes for use there or for distribution
to aircraft or to other aerodromes : provided that maximum quantity so
possessed shall not exceed 50 lbs., when carried ill an aircraft and 100 ibs when
kept at an acrodromc.
 CHAPTER VI - LICENCES
64. Application for licence.— (i) A person desiring to obtain or to renew a
licence under these rules shall sub-mil au application in writing to the authority
empowered to grant such a licence:
Provided that wheic the licensing authority is the Central Government the
application for the licence shall be submitted through the Chief Inspector.
(2) The application shall be signed by the applicant himself or by a
person authorised by him in writing in this behalf and shall, in the latter case,
be accompanied by such authorisation.
(3) livery application for the grant or renewal of licence to manufacture
or possess explosive, shall be in Form C, and shall be accompanied by a plan
in duplicate, drawn to scale, of the proposed magazine or factory and of
the site, showing the boundaries thereof and except in the ease of an
application for a licence in Form J or K specifying the matters referred to in Note
(1) below Form C.
85. Grunt of licences.—(i) Licences may be grunted by the authorities set forth
in Schedule IV in the forms, for the purposes and on payment of the fees
specified therein : Provided that—{a) no licence shall be granted to any person
undcrthc age of 18 years ; {b) no new licence in Form L or under Article 8 of
Schedule IV shall be granted unless the provisions of Rule 86 have been
complied with.
(2) A licence in Form F may be granted for such period not exceeding
twelvemonths as the licencing authority may deem necessary. Evciy other
licence granted or renewed under these rules shall remain m force until the
3lsl day of March following the dale on which the licence is grautcd or
renewed :
Provided that every licence in force on the 31st December 1940 other than
a licence for the import of explosives shall continue to remain in force until the
31st day of March 1941
(2-A) Notwithstanding anything contained in sub-rule (2;, the licensing
authority may, if it is satisfied that a licence is required for a specific work of
national importance and & period,
Provided that an Inspector of Explosives shall not grant such a licence
without the concurrence of the Chief Inspector of Explosives, if a certificate is not
obtained from the District Authority under sub-rule (3)].
(3) Where the licensing authority is the Chief Inspector or an Inspector
of Explosives, an applicant for a new licence in Form may apply to the District
Authority for a certificate to the effect that there is no objection to the applicant
receiving a licence for the site proposed and the District Authority shall, if he sees
no objection, grant such certificate to the applicant who may forward it to the
Chief Inspector or the Inspector of Explosives, as the case may be, with his
application in Form C. inserted by Central Government Notification No.
S.R.O. 513, dated October 195y in Rule 35, published hi Gazette, dated 30th
October 1959.
(4) The Chief Inspector or the Inspector of Explosive a;, the; ease
maybe may the application not accompanied by a certificate granted under sub-
rule (3) to the District Authority for his observation.
(4-A) Nothing in sub-rule (3) or sub-rule (4) shall be deemed to qujrc an
application for the grant of a licence for a site for which a licence was previously
granted and has expired to be accompanied by a" certificate granted under the
said sub-rule (3).
(1) If the District Authority, cither on a reference being made to him, or
office intim Se to the CLF Inspector of may be, that any licence which has been
applied. We Sanct on opinion be granted, such licence shall not be issued
without the sanction
of the Central Government.
(6) In the case of a licence granted for manufacture or one copy of
the plan or plans of the premises s agned m token approval by the
licensing authority shall be and one copy shall be filed for record in the office
of the authority.
(7) No licence shall be granted for the import of explosives unless the
importer holds a licence for the possession of such explosive :
Provided that this sub-rule shall not apply in cases where the explosive
imported—(i) is not intended to be stored at the port of import but is intended to
be transported direct to a territory not being part of British India ; or (it) can' be
possessed without a licence under Rule 83.
86. Procedure to be observed before a licence for a factory or magazine* is
granted.-(l) The grant of a licence in Form L or under Article Sot Schedule IV will
be (/) in the case of a licence in Form L (a) where the quantity of explosive for
which a licence is proposed to be granted docs not exceed 200 lbs. according to
the procedure laid down in sub-rule w of this rule and sub-rules (3), (4) and (5) of
Rule 85, and (6> where the quantity exceeds 200 lbs., according to the
procedure laid down in sub-rules (2) to (9); (ii), in the case of licence under
Article 8 of Schedule IV, according to the procedure laid down in sub-rules U) to
and (10).
(2) If the application submitted for a licencc in Form L or under Article 8
of schedule IV is in proper form, the Chief Inspector shall security the plans
accompanying the application and forward to the applicant a statement in Form
D showing the distances which should, in his opinion, be kept clear in and round
the factory or magazine premises or any part thereof and from other buildings
and works. On receipt of the statement the applicant shall enter therein against
each item the exact distance which can actually be so kept clear, shall sign the
and shah return it together with any representation which he may desire to
make to the Chief inspector,
 (13) After considering any representation made by the applicant when
returning the statement, the Chief Inspector shall refer the application to the
District Authority concerned together with a draft licence and a statement in Form
E showing the distances which he considers should be kept clear in and round
the factory or magazine.
Provided that in case of a licence under sub-rule (2-A) of Rule 85, the
Chief Inspector of Explosives need not make any such reference to the District
Authority.]
(4) Upon receipt of the said application the District Authority shall
forthwith cause notice to be published of such application and of the time and
place at which he will be prepared to hear it, and calling upon any person
objecting to the establishment of the factory or magazine on the proposed
site, to give notice of such objection to him and to the applicant not less than
seven clear days before the day fixed for hearing the application, together with
his name, address and calling and a short statement of the grounds of his
objection. The day of hearing the application shall be a day following as soon
as practicable after the expiration of the period of one month referred to in sub-
rule (6).
(5) Where the site of the proposed factory or magazine lies within, or
within one mile of the limits of, the jurisdiction of any municipal or port authority,
the applicant shall prepare, for service on such authority, a notice of the
application and of the said day of hearing.
(6) The notice under sub-rule (4) shall be published and the
notice under sub-rule (5) served, at the expense of the applicant, by the District
Authority, not less than one month before the said day of hearing.
(7) On the day fixed for the hearing or any day to which hearing may
be adjourned from time to time, the District Authority shall hear any objection
preferred in accordance with sub-rule (4) and by any authority referred to in sub-
rule (5). and shall make such inquiry as he may deem necessary.
(8) On completion of the inquiry the District Authority shall forwardly
the application, statement and plans to the Chief Inspector together with a report
stating whether he has any objection (a) to the applicant receiving a licence at
the site proposed : (b) to the manufacture or storage of the explosive in
question in his district.
(B-A) Nothing in this rule shall be deemed to require an application for the
grant of a licence for a site for which a licence was previously granted and has
expired to be accompanied by the report of the District Authority 3 and
(9) Where the application is for a licence in Yorm L and the District
Authority objects to the grant of the licence on any of the grounds specified in
sub-rule (8), no licence shall be granted by the Chief Inspector except with th?
sanction of the Central Government.
(10) Where the application is for a licence under Article 8 of Schedule
IV, the Chief Inspector shall submit the application, together with the report of the
District Authority thereon and a draft licence containing the conditions which the
Chief Inspector considers suitable, to the Central Government which may instruct
the Chief Inspector (a) to grant the licence with such modifications or restrictions
(if any) as it many consider suitable or (A) to reject the application.
87. Procedure on grant of licence for factory or magazine.—(1) A copy of
every licence granted by the Chief Inspector in Form I or L or under Article 8 of
Schedule IV shall he forwarded to the District Authority, and the original licence
shall be forwarded to the Inspector of explosives in whose circle the premises
are situated.
(2) If the Inspector of Explosives is satisfied that all the conditions
prescribed in the licence in regard to the factory or magazine have been
complied with, he shall forthwith endorse the licence, but unless and until so
endorsed, the licence shall not come into force :
[Provided that the Chief Inspector of Explosives may, if he is satisfied that
the explosives are required for urgent necessity or that in roming into force of the
licence is likely to cause substantial loss to the licensee, permit the licence to
come into force immediately.]
(3) If an Inspector of Explosives decides not to endorse a licence he
shall immediately return, the licence to the Chief Inspector together with a
statement of his reasons for not endorsing it.
(4) On receipt of the statement referred to in.sub-rule (3) the Chief
Inspector shall after making such enquiry, if any, as he may consider necessary,
communicate his decision to the District Authority and also, in the case of a
licence under Art kle 8 of Schedule IV, to the Central Government.
88. Particulars of licence.—Every licence granted under these rules/ shall be
held subject to the conditions endorsed on it and shall contain r all the
particulars which are contained in form prescribed for it by these' rules..
89. Power of licensing authority to alter conditions.—(I) Notwithstanding
anything contained in Rule 88 the licensing authority may omit, alter or add to
any of ihe conditions specified in the prescribed form of licence.
(2) The power conferred by sub-rule (1) shall nor be exercised by any
licensing authority, other thaii the Central Government, without the prior consent
of the Chief Inspector.
90. Amendment of licence. —(I-) Any licence granted under these rules
may be amended by the authority empowered to grant the licence :
Provided that (a) (he pmendmenis sri"!! not be inconsistent with any
1. Inserted "by Ceatral Government Notification No. S. R. Q. 513, dated 2fth
October 1951 in sub-rule (2) of Rule 87, published in Gazette 1953, is this
chapter (c) no licence under Article 8 of Schedule IV shall be amended except
with sanction of the Central Government.
 (2) A licensee who desires to have his licence amended shall submit it
to the licensing authority with an application stating the nature of the amendment
and the reasons therefore.
(3) The fee for the amendment of a licence shall be two rupees plus the
amount (if any) by which the fee that would have been payable if the licence
had originally been issued in the amended form exceeds the fee originally paid
for the licence :
Provided that no fee shall be chargeable in the case of amendments
made to licences m Form J, issued to cultivators.
91. Renewal of licence,—(\) A licence may be renewed by the authority
empowered to grant such licence, provided that a licence which has been
granted by the Chief Inspector may be renewed without any alteration by an
Inspector of Explosives duly authorised by the Chief Inspector in this behalf,
(2) The Inspector of Explosives authorised by the Chief Inspector
under sub-rule (1). may, and when so required by the Chief Inspector, "hall
require the licensee to follow the procedure laid down in sub-rule (2)
"Rule 86 before renewing a licence in Form L or under Article 8 of
Schedule IV.
(3) Every application for title renewal of a licence shall be made '[ s0 as
to reach the licensing authority] not less than thirty days before the dale on which
the licence expires and if the application is so made. the licence shall be
held to be in force until such date as the licensing authority renews the.
licence or until an intimation that the renewal of the licence is refused has
been communicated to the applicant.
a
[(3) Every application under sub-rule (3) shall be accompanied by the
licence which is to be renewed together with the approved plan attached thereto
and the original treasury receipt showing the deposit of the correct renewal fee
under the correct head of account.]
(4) The same fee shall be charged for the renewal of a licence" as
for the grant thereof, provided that if the application for renewal is not received
within the time specified in sub-rule (3), the licence shall be renewed only on
payment of double the fee ordinarily payable licence.
92. Refusal of licence.—(\) A licensing authority, other than the Central
Government, refusing to grant, amend or renew a licence, shall, record its
reasons for such refusal in writing.
(2) A copy of the order containing the reasons for such refusal shall be
given to the applicant on payment of a fee of J[mpees three].
93. Cancellation of licence.—(1) Every licence granted under these rules
shall be liable to be cancelled by order of the licensing authority For any
contravention of the Act or of any rule thereunder, or of any condition
contained in such licence, or by order of the Central Government if at any time
the continuance of the licence in the hands of the licensee is deemed
objectionable.
(2) A licensing authority, other than the Central Government,
cancelling a licence shall record its reasons for so doing in writing.
(3) A copy of the order containing the reasons for the cancellation of a
licence shall be given to the holder of the licence on payment of a fee of
'[rupees three].
94. Procedure on expiration or cancellation of licence.—(1) Person licensed
to manufacture, possess or sell any explosive shall, on the expiration or
cancellation of in licence forthwith give notice to the District Authority of the
description and quantity of explosives in his possession and shall comply with
any direction which the District Authority may, on the recommendation of the
Chief Inspector, give in regard to their disposal.
(2) The District Authority may grant for a term not exceeding three
months from the date of such expiration or cancellation, as the case may be, ,i
feniporary licence for the possession or sale of I he explosives actually held at
the time of the issue of the temporary licence :
Provided that where the expired ot cancelled licence was granted by an
authority other than the District Authority, no temporary licence shall be granted
without the previous consent of such other authority.
(3) The fee chargeable on a licence granted under sub-rule (2) shall
bear the same porportion to the fee- Charged on the expired or cancelled
licence as the period covered by the temporary licence bears to a full year.
95. Appeals.—(1) An appeal against any order refusing to grant, amend
or renew a licence, or cancelling a licence shrill He.— (!) if the order is
passed by the Chief Inspector to the Central Government ; (it) if the order is
passed by the District Authority, to the immediate official superior of that
Authority ; and (///) if the order is nassed by the Inspector of Explosives, to the
Chief Inspector.
(2) Every appeal shall be in writing, shall be accompanied by a copy of
the order appealed against and sliall be presented within sixty days of the date of
such order if preferred to the Central Government, and within thirty days in all
other cases.
Procedure on death or disability of licensee.—(1) If a licensee die: or
becomes insolvent or menially incapable or otherwise disabled, the person
carrying on the business of such licensee shall not be liable to any penalty or
confiscation under the Act or these rules for exercising the lowers granted to the
licensee by the licence during such time ns may reasonable be required to
.allow him to mate application for a new licence ID his own name for the
unexpired portion of the original licence.
 (2) A fee of one rupee shall be charged for a new licence for the
unexpired portion of an original licence granted to any person applying for it
under this rule :
Provided that no fee shall be charged on a new licence in Form J granted to a
cultivator.
*[97. Loss of licence—(1) Where a licence granted under these rules or an
authenticated copy of licence granted under rule 102 is lost or accidentally
destroyed and the licensee wishes to obtain a duplicate thereof, he shall—
(a) immediately after the loss of licence, publish a notice in a local daily
newspaper about such loss and send a copy each of such notice to the District
Magistrate concerned and the Chief Inspector ; and
(b) after fifteen days of the publication of the aforesaid notice, apply to
the District Magistrate for the issue of a no-objection certificate for the grant of
the duplicate.
(2) The District Magistrate may, after such inquiry as he may deem fit,
issue the no-objection certificate.
(3) After the receipt of no-objection certificate the licensee shall submit
an application alongwith the certificate to the licensing authority and the
licensing authority may grant the duplicate on payment of a fee of three
rupees.]
98. Permit for temporary storage of explosives in a magazine in excess of the
licensed quantity.—{\) When it is proved to the satisfaction of the Chief Inspector
that owing to unforseen circumstances it is necessary to store in a magazine
licensed under Form L, a quantity of explosives in excess of that entered in the
licence, the Chief Inspector may grant a permit for the storage in the magazine of
such excess for a period not ordinarily exceeding one month :
Provided that (a) the excess quantity thus allowed to he stored shall in no
case exceed one-third of the quantity entered in the licence ; and (b) no condition
of the licence otfler than that prescribing the maximum quantity to be f .ed' is
infringed.
(2) The fee chargeable for such a permit shall be Its.
(i) for a period not exceeding one month 100
(ii) for u period exceeding one month 1000
per month or portion of a month.
99. Permit for temporary possession of manufactured fireworks in excess of
the licensed quantity.—(\) A permit may be granted by the District Authority to a
holder of a licence, in Form I or in Form K to possess, in addition to a quantity
permitted by the licence, any quantity of manufactured fireworks not exceeding
250 pounds for a period not p*"- rding J5 days at a time :
 Provided that (a) no permit shall be granted under this rul*j to any nerson
whose licence entitles him to possess not more than 50 lbs. of Ore- work; and
(b) no condition of the licence other than that prescribing the maximum quantity
of fireworks to be possessed is infringed.
(2) A fee of '[rupees three] shall be charged for a permit granted under Ibis
rule.
100. Payment of fees.—{I) Every application under this chapter shall he
accompanied :—(0 if in respect of a licence or permit granted or to be granted by
the District Authority, by the appropriate fee in cash or by cheque, and (ii) if in
respect of any other licence or permit, by a Treasury receipt showing that the
appropriate fee has been paid into the local Treasury under the head of account
"XXXVI—Miscellaneous Departments (Central), Miscellaneous, Explosives."
(2) If an application for the grant, renewal or amendment of a licence or for
the grant of a permit is rejected the fee paid shall be refunded by the District
Authority, or, if it has been paid into a Treasury, by that treasury on the
production of a signed order from the licensing authority directing such refund.
(3) Fees payable under any other chapter of these rules shall be paid in cash
or by cheque.
101. Power to exempt from payment of fees.— The Central Government may,
by general or special order, grant exemption from or reduction of any fee payable
under these rules.
102. Production of licence or pass on demand. —(1) Every person, holding or
acting under a licence granted under these rules shall, when called upon to
do so by any officer specified in sub-rule (1) of Rule 106, produce it or an
authenticated [sic] of it at the place to which the licence relates.
(2) Every person in charge of consignment of explosives in transit under
cover of a pass issued under these rules shall produce it when called upon to do
so by any officer specified in sub-rule (1) of Rule 106.
(3) Copies of any licence may, for the purposes of this rule, be
authenticated free of charge by the authority which granted the licence.
103. Executive control over authorities authority other than the Central
Government acting under this Chapter shall be subject to the direction and
control of the Central Government:
Provided that nothing in this rule shall be deemed to affect the powers of
executive control of the Chief Inspector over the officer subordinate to him.
104. Empowerment. under section 15 of the Act,—All authorities granting
licences under these rules are hereby empowered to direct by an order written on
the licence that it shall have the effect of a like licence granted under the Arms
Act, 1878 (XI of 1878).
 CHAPTER VH-Powers of Officers and Penalties

105. Dangerous practices.—{]) If in any matter which is not provided for by any
express provision of, or condition of a licence granted under these rules an
Inspector of Explosives finds any factory, magazine, where an explosive is
being manufactured, possessed or sold, or any p?rt thereof, or anything or
practice therein or connected therewith or win the handling or transport of
explosives, to be unnecessarily dangerous or defective, so as in his opinion to
tend to endanger the public safety or the bodily safety of any person, such
Inspector may by an order in writing require the occupier of such factory,
magazine or place or the owner of the explosive, to remedy the same within such
time as rnay be specified in the order.
(2). Where the occupier or owner objects to an order made under sub-rule
(1), he may appeal to the Chief Inspector within the time specified in the order for
compliance with it, and the order of the Chief Inspector on such appeal shall be
final.
(3) Every appeal preferred under sub-rule (2) shall be in writing and
shall be accompanied by a copy of the order appealed against.
(4) If the occupier or owner fails to comply with an order made under
sub-rule (1) within the time specified in it or, where an appeal is preferred
under sub-rule (2), fails to comply with the order of the Chief Inspector thereon
within the time fixed in such order, he shall be deemed to have committed a
breach of this rule.
106. Powers of search and seizure-—(i) Any officer specified in the first column
of the table below may within the areas specified in the corresponding entry in
the second column of that table (a) enter, inspect and examine any place,
carriage or vessel in which an explosive is being manufactured, possessed,
used, sold, transported or imported under a licence granted under these rules, or
in which he has reason to believe that an explosive has been or is being
manufactured, possessed, used, sold, transported or imported in contravention of
the Act or these rules; (b) search for explosive therein ; (c) take samples of any
explosive found therein on payment of the value thereof, if such payment is
demanded at the time the samples are taken ; (d) seize, detain or remove any
explosives found therein in respect of which be has reason to .believe that any of
the provisions of the Act or these rules have been contravened.
 TABLE

Officers Areas
1
[The Chief Inspector, Inspectors and All parts of Pakistan,
Assistant Inspectors of

All district Magistrates. Their respective districts.

All stipendiary Magistrates subordinate Their respective jurisdictions.

to the District Magistrate.

All Police Officers of Rank not below The respective areas over which
that of Sub-Inspector. authority extends.

(2) Whenever any officer other than the Chief Inspector seizes, detains
or removes any explosives under this rule, he shall forthwith report the fact by
telegram to the Chief Inspector, and whenever any officer not being the District
Authority seizes, detains or removes any explosive under this rule he shall
forthwith report the fact by Jelegram to the district Authority concerned.
107. Power to destroy illicit explosives.—(i) The Chief Inspector or an
Inspector or ^Assistant Inspector] of Explosives (a) shall destroy any explosive
wherever found (i) the manufacture, possession or importation of which has
been prohibited absolutely under section 6 of the Act; or in) if the explosive
belongs to the 5th (Fulminate) class and is being manufactured, possessed,
used, sold, transported or imported illegally without a licence under these
rules : (b) may destroy or render harmless any other explosive in respect of
which the Chief Inspector or Inspector or 2[Assistant Inspector] has reason to
believe that any of the provisions of the Act or these rules have been
contravened, provided that no explosive shall be destroyed or rendered
harmless by an Inspector or 3{Assistant Inspector] without the sanction of the
Chief Inspector unless the matter, appears to such Inspector or 4[Assistant
Inspector] urgent and fraught with serious public danger,
(2) Whenever the Chief Inspector or an Inspector or 5[Assistant Ins-
pector] of Explosive destroys any explosive or renders it harmless under sub-rule
(1), he shall take and keep a sample thereof, shall, if required, give a portion of
the sample to the person owning the explosive or having the same under his
control at the time of seizure, and shall forthwith report the circumstances to the
District Authority.
108. Procedure on reports of infringements.—Whenever any report is made
to the District Authority by the Chief Inspector of an infringement of the Act or of
these rules, the District Authority shall in due course inform the Chief Inspector
of the action taken by him on such report.
109. Penalties.—Whoever in breach of these rules manufactures,
possesses, uses, sells, transports or imports any explosive, or otherwise
contravenes any of these rules shall be punishable with fine which may extend
to—(a) in the case of a person so importing or manufacturing an explosive,
three thousand rupees, (6) in the case of a person so possessing, using or
transporting an explosive, one thousand rupees ; (c) in the case of a person so
selling an explosive, five hundred rupees ; and (d) in any other case, two
hundred rupees.
110. Saving as to acts done in emergency, etc.—Nothing in these rules shall
render liable to any penalty the owner or master of any vessel or any carrier or
other person having charge of any explosives for any contravention of these
rules if, (a) by reason of stress of weather, unavoidable accident, or other
emergency, such contravention was reasonable and proper, or (b) such
owner, master, carrier, or other person was prevented from complying with the
rules by the wilful act, neglect or default of the consignor or other person, or
by the improper refusal of the consignee or other person to accept delivery of
any consignment.
111. Power to exempt.—The Central Government may, on the re-
commendation of the Chief Inspector and in exceptional cases, exempt or
unconditionally, any person from a'l or of the provisions of these rules or any of
the conditions of any licence held by him.

ACCIDENTS AND INQUIRIES

112. Notice of accident.—The notice of an accident required to be given

under section 8 (1) of the Act shall be given forthwith (a) fb the Chief
Inspector by Express telegram followed within 24 hours by 3 letter giving
particulars of the occurrence and {h) to the officer incharge of the nearest police
station by the quickest route pending the visit of the Chief
1. Inspector, or his representative, or until instruction is received from
the Chief Inspector that he does not wish any further investigation or inquiry to be
made all wreckage and debris shall be left untouched except in so far as its
removal may be necessary for the rescue of persons injured, and recovery of the
bodies of any persons killed, by the accident.
113. Procedure at Court of Inquiry.—-(a) The Chief Inspector of Explosive
will arrange with the Heads of the Services concerned to be represented at
Courts of Inquiry where he so desires. In addition he will be provided with
copies of the proceedings of Courts where the matter is of lesser interest. The
Heads of Services will co-operate with the Chief Inspector of Explosives by
informing him immediately of occurrences liable to lead to the summoning
of Courts of inquiry on matters of interest to the Chief Inspector of Explosives
as indicated by him.
(b) The Chief Inspector of Explosives may attend in person or send a
representative ; in either case he shall have power to examine witnesses, where
he so desires.
114. Inquiry into accidents.—(a) Whenever a District Magistrate, a
Commissioner of Police or Magistrate subordinate to a District Magistrate holds
an inquiry under section 9(1) of the Act he shall adjourn such an inquiry
unless the Chief Inspector or an officer nominated by him is present to watch the
proceedings or the Magistrate has received written information from the Chief
Inspector that that officer does not wish to send a representative.
(b) The Magistrate at least fourteen days before holding the adjourned
inquiry shall send to the Chief Inspector notice in writing of the time and place of
holding the adjourned inquiry.
(e) Where an accident has been attended with loss of human life the
Magistrate before the adjournment may take evidence to identify anybodies and
may order the internment thereof.
(j) The Chief Inspector or his representative shall be at liberty at any
such inquiry to examine any witness subject to the order of the Magistrate on
point of law.
Where evidence is given at an inquiry at which the Chief Inspector or an
officer nominated him is not present, of any neglect as having caused or
contributed tc the explosion or accident, or of any defect in or or in connection
with any factory, magazine, store, or any carriage, ship or boat carrying an
explosive appearing to the Magistrate or jury to require a remedy, the Magistrate
shall send to the Chief Inspector notice in writing of such neglect or defect. held
under section 9-A c ,,ct the persons holding such inquiry shall hold the same in
open Court in such manner and under such conditions as they may think most
effectual for ascertaining the causes and circumstances of the accident, and
enabling them to make report under this rule :
Provided that where the Central Government so directs the inquiry may
be held in camera.
(b) Persons attending as witnesses before this Court shall be allowed
such expenses as would be allowed to witnesses attending before a civil Court
subordinate to the High Court having jurisdiction in the place where the inquiry is
held and in case of dispute as to the amount the local Magistrate on request by
the Court shall ascertain and certify the proper amount of such expenses.
(c) All expenses incurred in or about an inquiry or investigation
under this rule shall be deemed to be part of the expenses of the Depart ment of
Explosives in carrying the Explosives Act, 1884, into execution,
 SCHEDULE
Class No. Name Definition Sub-Division
1. "Gun-powder" "Gun-powder" means
gun-powder ordinarily
so-called.

2. Nitrate-mixture “Nitrate-mixture”
means any preparation Division 1, comprising any
other than gun-powder, chemical compounding or
which is formed by the mechanically mixed
mechanical mixture of preparation which consists
a nitrate with any form either wholly or partly, of
of carbon or with any nitroglycerine or some other
carbonaceous liquid nitro-compound that is
substance not such explosives as
possessed of explosive Ballisitite. Blasting Gelatine.
3. Nitro- properties, whether Cordite, Dynamite, Gelatine
compound. sulphur be or be not Dynamite, Gelignite, etc.
added to such Division 2, comprising any
preparation, and nitro-compound which is not
whether such comprised in Division 1 that
preparation be or be is explosives such as
not mechanically Ammonial, E. C. Sporting
mixed be any non- Powder, Guncotton, Picric
explosive substance, Acid, Smokeless Diamond,
and incudes any Trinitrotoluene (T.N.T.),etc.
explosive containing a
perchlorate and not
being a chlorate-
mixture, fulminate or
nitro-compound as
defined in this
schedule. Division I, comprising any
Chlorate-mixture which is
not comprised in Division.

Division 1, comprising such

substances as the
fulminates of silver and of
mercury, and preparation of
"Nitro-compound," those substances such as
means any chemical are used in percussion-
compound which is caps, and any preparation
possessed of consisting of a mixture of a
 explosives properties chlorate with phosphorus, or
or is capable of combi- certain description of
'Fulminate" ning with metals to compounds of phosphorus,
form an explosive com- with or without the addition
pound and its of carbonaceous matter,
produced by the and any preparation
chemical action of consisting of a mixture of a
nitric acid (whether chlorate with sulphur or with
mixed or not with sulphurate, with or without
sulphuric acid), or of a carbonaceous matter.
nitrate acid, upon any
carbonaceous
substance, whether Division 2, comprising such
such compound substances as the chloride
whether preparation, and the iodide of nitrogen,
other than gunpowder, fulminating gold and silver,
which is formed by the diazoben-zol, and the nitrate
mechanical mixture of of diazobenzol.
a nitrate with any form Division I, comprising
of carbon or with any exclusively safety cart-
carbonaceous ridges, safety fuzes for
substance not blasting, railway fog-signals,
possessed of explosive and percussion-caps.
properties, whether Division 2, comprising any
sulphuric be or be not ammunition which does not
added to such contain its own means of
preparation, and ignition and is not included
Ammunition. whether such in Division 1, such as
compound is cartridges for small arms
mechanical mixed with other than safety cartridges,
other substances or cartridges and charges for
not. cannon shells and topic
"Chlorate-mixture" does containing any ex-
means any plosive, tubes for firing
explosive containing explosives, and war rockets
a chlorate. which do not contain their
own means of ignition.
Division 3, comprising any
'Fulminate" means any ammunition which contains
chemical compound or its own means of ignition
mechanical mixture and is not included in
whatever, which, from Division 1, such as
its great susceptibility detonators, fuzes for
to detonation, is blasting which are not safety
suitable for fuzes, tubes for firing
employment in per- explosives containing their
 cussion-caps or any own means of ignition.
other appliances for (Note.—The expression
developing detonation, "ammunition containing its
or which, from is own means of ignition"
-extreme sensibility to means ammunition having
explosion and from its an arrangement, whether
great instability (that is attached to or forming part
to say, readiness to of the ammunition, which is
undergo decomposi- adapted to explode or fire
tion from very slight the ammunition by friction or
exciting causes), is percussion. The expression
especially dangerous. "percussion-cap" does not
include a detonator).
“Ammunition " means
an explosive of any of Division 1, comprising
the foregoing classes fireworks composition, that
when the same is is to say, any chemical
enclosed in any case compound or mechanically
or contrivance, or is mixed preparation of an
otherwise adapted or explosive of inflammable
prepared so is to form nature, which is used for the
Fireworks (a) a cartridge or purpose of making
charge for small arms, manufactured fireworks, and
cannon or any other is not an explosive of
weapon, {h) a safety or classes 1, 2, 3,4, 5, 6, any
other fxye for blasting star, and (except as
prior shells, or (c) a declared in the proviso to
tube for firing this entry) any colored fire
explosives, or (d) a composition.
percussion-cap, de- Division 2, comprising
tonator, fog-signal manufactured fireworks, that
shelf, torpedo, war is to say, any explosive of
rocket, or other con- class 1, 2, 3, 4, or 6 and any
trivance other than a fireworks composition, when
firework. such explosive or
composition is enclosed in
any case or contrivance, or
is otherwise adapted or
prepared so as to form a
squib, cracker, including
Chinese crackers, toy cap
or amorce, serpent, rocket
(other than a war rocket),
maroon, lance, wheel,
Chinese fire, Roman candle,
or other article specially
 adapted for the production
of pyrotechnic effects or
pyrotechnic signals or
sound signals :
Provided that substantially
constructed hermetically
closed metal case, contain-
ing not more than one
pound of colored fire
composition of such a
----------- nature as not to be liable to
spontaneous ignition, shall
be deemed to be a ''
manufactured firework" and
not a "firework composition."