Power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export of explosives
Section 5 of the Explosives Act, 1884 deals with power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export of explosives. The Central Government may, for any part of [India], make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manuf acture, possession, use, sale. The Act came into force on 01 Jul 1887.
(1) The Central Government may, for any part of 1[India],2*** make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manuf acture, possession, use, sale. 3[transport, import and export] of explosives, or any specified class of explosives.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:--
(a) the authority by which licenses may be granted;
(b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses:
(c) the manner in which applications for licenses must be made, and the matters to be specified in such applications:
(d) the form in which, and the conditions on and subject to which, licenses must be granted;
( e) the period for which licenses are to remain in force; 4***
5[(ee) the authority to which appeals may be preferred under section 6F, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded:
(eea) the total quantity of explosives that a licensee can purchase in a given period of time;
(eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives;]
(f) the exemption absolutely or subject to conditions of any explosives 6[or any person or class of persons] from the operation of the rules.
7* * * * *
Section 5, The Explosives Act, 1884 (Act 4 of 1884).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Thomas N.A. v. Chief Controller of Explosives & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Judgment: interim suspension of Explosives Rules licence (rules under Explosives Act s.5 licensing power) by Chief Controller; representation seeking revocation maintainable before same authority; directed to decide revocation application with notice to alleged consignees within two months.
On this section: s.5 — Power to make licensing rules; licence suspension/revocation under Explosives Rules
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… examination it was found that the sample of crackers contained pottassium chloride, which is a prohibited substance, a crime was registered against the petitioner initially under Section 102 of the Code of Criminal Procedure as Crime No.18 of 2006. Later, based on the report of the Chemical Examiner, offence under Section 5 of the Explosives Act has also been incorporated. 3. Based on the request made by the police, proceedings were initiated against the petitioner for suspending Ext.P1 licence, which resulted in Ext.P2 order dated 24.01.2008 of the 1 st respondent. Aggrieved by Ext.P2 order, the petitioner filed Ext.P3 appeal …
Made under this section, and citing it
6 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 8 instruments name this provision in its title or its text without being made under it.
- 8_GSR 17(E)-09.01.2019Rule 2019
- 3_GSR 938 (E) - 27.09.2018Rule 2018
- 2_GSR 469 (E)-09.07.2013Rule 2013
- 4_GSR 772(E)-11.12.2013Rule 2013
- The Ammonium Nitrate (Amendment) Rules, 2013Rule 2013
- The Ammonium Nitrate Rules, 2012Rule 2012
- The Explosives Rules, 2008Rule 2008
- GSR 625(E) dated 07.08.1983Notification 1983
Questions about Section 5
What have the courts held on Section 5 of the Explosives Act?
Thomas N.A. v. Chief Controller of Explosives & Ors. (13 Nov 2008) is the leading judgment on this section among those set out below: s.5 — Power to make licensing rules; licence suspension/revocation under Explosives Rules.
How do I find court cases under Section 5 of the Explosives Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Explosives Act 1884 5, section 5 Explosives Act 1884, section 5 of the Explosives Act. People searching for it also type explosive act 5. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Thomas N.A. v. Chief Controller of Explosives & Ors. (13 Nov 2008).
What should I read with Section 5 of the Explosives Act, and has it changed?
Its own text turns on section 6F (Appeals), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 6: most recently 3_GSR 148 (E)-25.02.2019 (2019), then 4_GSR 44(E)-23.01.2019 (2019), and 4 more.
When did Section 5 of the Explosives Act come into force?
Section 5 of the Explosives Act, cited as Explosives Act 1884 5, came into force on 01 Jul 1887, having been enacted on 26 Feb 1884. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.