5. Power to make rules as to licensing of the manufacture, possession, use, sale, [transport, import and export] [Substituted by Act 32 of 1978, Section 5, for "transport and importation" (w.e.f. 2.3.1983).] of explosives
(1)The Central Government may, for any part of [India] [Substituted by Act 3 of 1951, Section 3 and Sch., for [Part A States and Part C States] (w.e.f. 1.4.1951).] [- - -] [The words "and each Local Government with the previous sanction of the Governor-General in Council, may for any part of the territories under its administration" omitted by A.O.1937.] make [rules] [For the Explosive Rules, 1940, made under Sections 5 and 7, see Gazette of India, Ext., 1940, p.749.] consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale, [transport, import and export] [Substituted by Act 32 of 1978, Section 5, for "transport and importation" (w.e.f. 2.3.1983).] of explosives, or any specified class of explosives.(2)Rules under this section may provide for all or any of the following, among other matters, that is to say:(a)the authority by which licences may be granted;(b)the fees to be charged for licences, and the other sums (if any) to be paid for expenses by applicants for licences;(c)the manner in which applications for licences must be made, and the matters to be specified in such applications;(d)the form in which, and the conditions on and subject to which, licences must be granted;(e)the period for which licences are to remain in force;[---] [The word "and" omitted by Act 32 of 1978, Section 5 (w.e.f. 2.3.1983).](ee)[ the authority to which appeals may be preferred under section 6-F, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded; [Inserted by Act 32 of 1978, Section 5 (w.e.f. 2.3.1983).](eea)the total quantity of explosives that a licensee can purchase in a given period of time;(eeb)the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives;](f)the exemption absolutely or subject to conditions of any explosives [or any person or class of persons] [[Inserted byAct 32 of 1978, Section 5 (w.e.f. 2.3.1983).]] from the operation of the rules.[- - -] [Sub-Section (3) omitted by Act 32 of 1978, Section 5 (w.e.f. 2.3.1983).][5-A. Persons already in business in respect of certain explosives to carry on such business without licence for a certain period .Notwithstanding anything in section 5 or in the rules made thereunder where, immediately before the commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), any person was carrying on the business of manufacture, sale, transport, import or export of any explosive [for which no licence was required under this Act before its amendment by the Indian Explosives (Amendment) Act, 1978, then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive(a)for a period of three months from the date of such commencement; or(b)if before the expiry of the said period of three months, such person has made an application for grant of licence under this Act for such business in such explosive, until the final disposal of his application, whichever is later.]
