{ "schema_version": "qanun-law-text/1", "id": "pk-code-6f9a7ceeba85fc06", "title": "Explosives Act, 1884", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bp0%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "f348d6ffc37c49ba01ea8f32cac744cc785a4d3cb0c8b3d82870e18454ec4819", "source_sha256": "f348d6ffc37c49ba01ea8f32cac744cc785a4d3cb0c8b3d82870e18454ec4819", "text_version_id": "law:pk-code-6f9a7ceeba85fc06:sha256:f348d6ffc37c49ba01ea8f32cac744cc785a4d3cb0c8b3d82870e18454ec4819", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 14 \r\n \r\n \r\n \r\n \r\nTHE EXPLOSIVES ACT, 1884 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title \r\n2. Commencement \r\n3. Repealed \r\n4. Definitions \r\n5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport and \r\nimportation of explosives \r\n5A. Offences of minor and major violations \r\n5B. Trial of offences \r\n6. Power of the Federal Government to prohibit the manufacture, possession, use, sale, transport, \r\nimport or export of specially dangerous explosives \r\n6A. Prohibition of manufacture, possession, sale or use, transport, import and export of explosives \r\nby young persons and certain other persons \r\n6B. Jurisdiction \r\n7. Power to make rules conferring powers of inspection, search, seizure, detention and removal \r\n8. Notice of accidents \r\n9. Inquiry into accidents \r\n9A. Inquiry into more serious accidents \r\n9B. Offences by companies \r\n9C. Assistance by organizations, etc. \r\n \r\n\r\n \r\nPage 2 of 14 \r\n \r\n10. Forfeiture of explosives \r\n11. Distress of Aircraft or vessel \r\n12. Abetment and attempts \r\n13. Power to arrest without warrant persons committing dangerous offences \r\n14. Saving and power to exempt \r\n15. Saving of Arms Act, 1878 \r\n16. Saving as to liability under other law \r\n17. Extension of definition of “explosive” to other explosive substances \r\n18. Procedure for making publication and confirmation of rules \r\n19. Transportation of explosives by air \r\n20. Removal of difficulties\r\n \r\nPage 3 of 14 \r\n \r\nTHE EXPLOSIVES ACT, 1884 \r\n1ACT NO. IV OF 1884 \r\n[26th February, 1884] \r\nAn Act to regulate the manufacture, possession, use, sale, transport and importation of Explosives. \r\nWHEREAS it is expedient to regulate the manufacture, possession, use, sale, transport and \r\nimportation of explosives; It is hereby enacted as follows:__ \r\n1. Short Title. __ (1) This Act may be called the 2* Explosives Act, 1884; and \r\n3[(2) Local extent. It extends to the whole of Pakistan]. \r\n2. Commencement .__ (1) This Act shall come into force on such day 4 as the 5[Federal \r\nGovernment], by notification in the 6[official Gazette], appoints: \r\n7[* * * * * * *] \r\n3.Repealed. 8[* * * * * * *] \r\n4. Definitions.__ In this Act, unless there is something repugnant in the subject or context,__ \r\n9[(1) “explosives”__ \r\n \r\n \r\n \r\n1This Act has been declared, under s. 5, of the Scheduled Districts Act, 1874 (Act No. XIV of 1874), to be in force in Baluchistan,__ see Gazette of \r\nIndia, 1931, Pt. II-A, p. 358. \r\nIt has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O.3 of 1950); and applied in the Federated \r\nAreas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nThis Act has been extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of \r\n1953), as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953 (G. G. O. 19 of 1953). \r\nIt has been extended to the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order 1953 (G. G. O. 11 of 1953), as amended by the \r\nBahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G. G. O. 21 of 1953). \r\nIt has also been extended to the Khairpur State, see G. G. O. 5 of 1953, as amended by G. G. O. 24 of 1953. \r\nThe Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur \r\n(Application of Central Laws) Ordinance, 1960 (Ordinance No. XXXVII of 1960), s. 2. \r\nIt has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modi- \r\nfications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. It has been extended to the Excluded Area of Upper Tanawal other \r\nthan Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, \r\n1951, see N.W.F.P. Gazette, Extraordinary, dated 1-6-1951. \r\nFor the law relating to explosive substances, see also the Explosive Substances Act, 1908 (Act No. VI of 1908). \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (P. O. 4 of 1949). \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n4The 1st July 1887__ see Gazette of India, 1887, Pt. I, p. 307. \r\n5Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. 4 of 1975), Art. 2 and Table. \r\n6Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. 4 of 1975), Art. 2 and Sch. \r\n7Rep. by the Amending Act, 1891 (Act No. XII of 1891). \r\n8Rep. by the Indian Ports Act, 1889 (Act No. X of 1889), s. 2 and Sch. II. \r\n9Subs. by Ordinance No. CV of 2002, s. 3. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 14 \r\n \r\n(a) means gunpowder, nitroglycerine, nitroglycol, gun cotton, dinitrotoluence, \r\ntrinitro toluene, picric acid, dinitro -phenol, trinitro resorcinol (styphnic acid), \r\ncyclo trimethylence trinitramine, penta erythritol tetranitrate, tetryl, \r\nnitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other \r\nmetal, diazo dinitro phenol, coloured fires or any other substances whether a \r\nsingle chemical compound or a mixture of substances, whether solid or liquid \r\nor gaseous used or manufactured with a view to produce a practical effect by \r\nexplosion or pyrotechinic effect; and \r\n(b) includes,__ \r\n(i) chemical compounds, compositions or mixture of which will produce, \r\nupon release of its potential energy, a sudden outburst of gases, thereby \r\nexerting high pressures on its surroundings. Explosives may be solid, \r\nliquid or gas, nitro compound or in the form of water gel or slurry \r\n1[emulsion]; \r\n(ii) fog signals, firework s, fuses, rockets, precussion -caps, detonators, \r\ncartridges, ammunition of all descriptions and every a daptation or \r\npreparation of an explosives as defined in this clause; and \r\n(iii) such other substance as the Federal Government may, by notification in \r\nthe official Gazette, specify for the purposes of this sub-section.] \r\n1[(1A) “illegal activities” means any actions involving the manufacturing, storage, possession, \r\nprocurement, sale, transport, import, export or use of explosives without any licence under thi s Act \r\nand rules made thereunder; \r\n(1B) “deliberate explosion” means incidents of any intentional acts or attempt thereof whether \r\nsuccessful or failed involving the use, attempted use or preparation of improvised explosive devices \r\nattacks, using improvise explosive device precursors, which may include chemical, explosive, \r\ntechnical or physical materials; \r\n(1C) “major violations” means actions that cause significant risks to public life and their safety \r\nin terms of terrorism, involving unlawful trade or violate core provisions of this Act and rules made \r\nthereunder and includes unauthorized manufacturi ng of explosives, large scale possession without \r\nlicence, smuggling or supplying explosives to criminals or any other person without having valid \r\nlicence; \r\n(1D) “malicious intent” means a deliberate, willful or premeditated act to cause harm, endanger \r\npublic life and their safety or violate the law with knowledge of its illegality and potential \r\nconsequences and includes manufacturing explosives for terrorism, selling explosives to banned \r\ngroups or proscribed organizations or intentionally bypassing explosives protocols;] \r\n2[(2) “manufacture” includes the preparation of explosive or any component parts of an \r\nexplosive, the admixture or other treatment of the same, the breaking up or unmaking of any explosive, \r\n__________________________________________________________________________________________________________________________________________________________________________________________________ \r\n1Ins., and added by Act No. XVII of 2025, s.2 \r\n2Subs. by Ordinance No. CV of 2002, s. 3. \r\n \r\nPage 5 of 14 \r\n \r\nor making fit for use any damaged explosive of the processing of any substance or matter with a \r\nview to causing an explosion, implosion or disintegration, and the process of remaking, altering or \r\nrepairing any explosive;] \r\n1[(2A) “minor violations” means procedural or technical violations by a licensee that do not \r\ndirectly endanger public life and their safety or do not involve in unlawful trade and includes failure \r\nto maintain records, operation on expired licences or minor storage non-compliance, cash payment or \r\nexcess transportation; \r\n(2B) “non-malicious intent” means unintentional violations arising from negligence, lack of \r\nawareness or accidental circumstances without deliberate and harmful purpose and include \r\nadministrative errors in licensing paperwork, accidental possession due to oversight or minor safety \r\nlapses;] \r\n(3) “vessel” includes every ship, boat and other vessel used in navigation, whether propelled \r\nby oars or otherwise: \r\n(4) “carriage” includes any carriage, wago n, cart, truck, vehicle or other means of conveying \r\ngoods, or passengers by land, in whatever manner the same may be propelled: \r\n2[(5) “master”,__ \r\n(a) in relation to any vessel or ship means any person, other than a pilot, harbour \r\nmaster, assistant harbour master or berthing master, having for the time being \r\nthe charge or control of such vessel or aircraft, as the case may be; \r\n(b) in relation to any boat belonging to a ship, means the master of that ship; and \r\n(c) in relation to aircraft means captain of the aircraft;] \r\n(6) “import” means to bring into 3[Pakistan] by sea 2[, air] or land. \r\n2[(7) “aircraft” means any machine which can derive support in the atmosphere from the \r\nreactions of the air, other than the reactions of the air against the earth’s surface, and includes balloons, \r\nwhether fixed or free, airships, kites, gliders and flying machines, for this ordinance aircraft means \r\ncargo aircraft; \r\n2[(8) “export” means taking out of Pakistan to a place outside Pakistan by land, sea or air; \r\n(9) “prescribed” means prescribed by rules; and \r\n(10) “rules” means any rules made under the Act.] \r\n \r\n1Added by Act No. XVII of 2025, s.2 \r\n2Subs., ins and added by Ordinance No. CV of 2002, s. 3. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n \r\nPage 6 of 14 \r\n \r\n5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport \r\nand importation of explosives.__ (1) The 1[Federal Government] 2[, in consultation with the provincial \r\nGovernments,] may for any part of 3[Pakistan], 4[* * *] make rules consistent with this Act to regulate \r\nor prohibit, except under and in accordance with the conditions of a license granted as provided by \r\nthose rules, the manufacture, possession, use, sale, transport 2[, import and export] of explosives, or \r\nany specified class of explosives. \r\n(2) Rules under this section may provide for all or any of the following, among other matters, \r\nthat is to say:__ \r\n(a) the authority by which licenses may be granted; \r\n(b) the fees to be charged for licenses, and the o ther sums (if any) to be paid for \r\nexpenses by applicants for licenses; \r\n(c) the manner in which applications for licenses must be made, and the matters to \r\nbe specified in such applications; \r\n(d) the form in which, and the conditions on and subject to which, licenses must be \r\ngranted; \r\n(e) the period for which licenses are to remain in force; 2[*] \r\n(f) the exemption absolutely or subject to conditions of any explosives from the \r\noperation of the rules 2[;] \r\n2[(g) the authority to which appeals may be preferred and the procedure to be \r\nfollowed by such authority; \r\n(h) the total quantity of explosives that a licensee may possess in a given period of \r\ntime; and \r\n(i) the import and export of explosives by land, sea or air.] \r\n (3) 5[* * * * * * *] \r\n5[5A. Offences of mi nor and major violations .__ (1) Where a licensee commits no minor \r\nviolations which are non-malicious, he shall be liable to an administrative penalty not exceeding half \r\na million rupees. \r\n \r\n \r\n1Subs. by the Central Adaption of Laws Order, 1964 (P. O. 1 of 1964), Art. 2 and Sch. \r\n2Ins., subs. & omitted by Ordinance No. CV of 2002, s. 3. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n4Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937. \r\n5Omitted and Ins. by Act No. XVII of 2025, ss. 3 and 4. \r\n \r\nPage 7 of 14 \r\n \r\n(2) Where a licensee commits minor violations which are malicious, he shall be liable to an \r\nadministrative penalty not exceeding one million rupees. \r\n(3) Where a licensee commits major violations which are non -malicious, he shall be liable to \r\nimprisonment not exceeding three years or a fine not exceeding ten million rupees or both. \r\n(4) Where a licensee commits major violations which are m alicious, he shall be liable to \r\nimprisonment not exceeding seven years or a fine not exceeding twenty million rupees or both. \r\n(5) Whoever commits any act involving the manufacturing, storage, possession, procurement, \r\nsale, transport, import, export or use of explosives without any licence under this Act and rules made \r\nthereunder shall be liable to the punishments provided for in the Explosive Substances Act, 1908 (VI \r\nof 1908). \r\n5B. Trial of offences.__ The offences under this Act and under the Explosive Substances Act, \r\n1908 (VI of 1908) shall be tried by the Anti-terrorism Court established under the Anti-terrorism Act, \r\n1997 (XXVII of 1997).] \r\n1[6. Power of the Federal Government to prohibit the manufacture, possession, use, sale, \r\ntransport, import or export of specially dangerous explosives .__ (1) Notwithstanding anything \r\ncontained in this Act, the Federal Government may from time to time, by notification in the official \r\nGazette, prohibit, either absolut ely or subject to conditions, the manufacture, possession, use, sale, \r\ntransport, import or export of any explosive which is of so dangerous a character that, in the opinion \r\nof the Federal Government, it is expedient for the public safety to issue such notification. \r\n(2) The Customs Act, 1969 (IV of 1969), shall have effect in relation to any explosive with \r\nregard to the importation of which a notification has been issued under sub -section (1), and the vessel, \r\ncarriage or aircraft containing such explosive, as the said Act, have has in relation to any article the \r\nimportation of which is prohibited or regulated thereunder, and shall apply accordingly to the vessel, \r\ncarriage or aircraft containing such article. \r\n(3) Any person manufacturing, possessing, using, selling, transporting, importing or exporting \r\nany explosive in contravention of a notification issued under sub-section (1), shall be punishable with \r\nfine which may extend to 2[two million] rupees, and, in the case of importation by water , the owner \r\nand master of the vessel and in the case of importation by air, the owner and the master of the aircraft, \r\nin which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with \r\nfine which may extend to 2[two million] rupees. \r\n1[6A. Prohibition of manufacture, possession, sale or use, transport, import and export of \r\nexplosives by young persons and certain other persons .__ (1) Notwithstanding anything contained \r\nin this Act__ \r\n(a) any person__ \r\n \r\n1Subs.& ins. by Ordinance No. CV of 2002, s. 5 \r\n2Subs. by Act No. XVII of 2025, s. 5. \r\n \r\nPage 8 of 14 \r\n \r\n(i) who has not completed the age of eighteen years; or \r\n(ii) who has been sentenced on conviction of any offence involving violence \r\nor moral turpitude for a term of not less than six months at any time \r\nduring a period of five years after the expiration of the sentence; or \r\n(iii) who has been ordered to execute under the Code of Criminal Procedure, \r\n1898 (Act V of 1898), a bond for keeping the peace or for good behavior, \r\nat anytime during the terms of the bond; or \r\n(iv) whose licence under this Act has been cancelled, for contravention of \r\nthe provisions of this Act or of the rules made thereunder, at any time \r\nduring a period of five years from the date of cancellation of such \r\nlicence; \r\nshall not— \r\n(i) manufacture, sell, transport import or export any explosive; or \r\n(ii) possess or use any such explosive as the Federal Government may, \r\nhaving regard to the nature thereof, by notification in the official \r\nGazette, specify; and \r\n(b) no person shall sell, deliver or dispa tch any explosive to a person whom he \r\nknows or has reason to believe at the time of such sale, delivery or dispatch— \r\n(i) to be prohibited under clause (a) to manufacture, sell, use, transport, \r\nimport, export, or possess such explosive; or \r\n(ii) to be of unsound mind or having physical disability. \r\n(2) Whoever__ \r\n(a) manufactures, possesses, sells, transports, imports or exports any explosive in \r\ncontravention of the provision of clause (a) of sub-section (1); or \r\n(b) sells, delivers or dispatches any explosive in contravention of the provisions of \r\nclause (b) of sub-section (1). \r\nshall be punishable with a fine 1[which may extend to two million] rupees.] \r\n1[6B. Jurisdiction.__ (1) The administrative penalties under sub-sections (1) and (2) of section \r\n5A shall be imposed by the Department of Explosives in the prescribed manner. \r\n \r\n \r\n1Subs., and ins. by Act No. XVII of 2025, ss.6 and 7. \r\n \r\n \r\nPage 9 of 14 \r\n \r\n(2) The Anti-terrorism Court established under the Anti-terrorism Act, 1997 (XXVII of 1997) \r\nshall have jurisdiction to try the offences under sub-sections (3) and (4) of section 5A. \r\n(3) Any person aggrieved by the decision of Anti -terrorist Court under sub -section (2) may \r\nprefer an appeal before the concerned High Court within thirty days from the date of c ommunication \r\nof such decision or order.] \r\n7. Power to make rules conferring powers of inspection, search, seizure, detention and \r\nremoval.__ (1) The 1[Federal Government] 2[* * *] may make rules consistent with this Act authorizing \r\nany officer, either by name or in virtue of his office— \r\n(a) to enter, inspect and examine any place, carriage 1[, aircraft] or vessel in which \r\nan explosive is being manufactured, possessed, used, sold, transported 1[, \r\nexported] or imported under a license granted under this Act, or in which he has \r\nreason to believe that an explosive has been or is being manufactured, \r\npossessed, used, sold, transported 1[, exported] or imported in contravention of \r\nthis Act or of the rules made under this Act; \r\n(b) to search for explosives therein; \r\n(c) to take samples of any explosive found therein on payment of the value thereof; \r\nand \r\n(d) to seize, detain, remove and, if necessary, destroy any explosive found therein. \r\n(2) The provisions of the 3[Code of Criminal Procedure, 1898(Act V of 1898)] re lating to \r\nsearches under that Code shall, so far as the same are applicable, apply to searches by officers \r\nauthorized by rules under this section. \r\n8. Notice of accidents.__ 4[(1)] Whenever there occurs in or about, or in connection with, any \r\nplace in which an explosive is manufactured, possessed or used, or any carriage 1[,aircraft] or vessel \r\neither conveying an explosive or on or from which an explosive is being loaded or unl oaded, any \r\naccident by explosion or by fire attended with loss of human life or serious injury to person or property, \r\nor of a description usually attended with such loss or injury, the occupier of the place, or the master of \r\nthe vessel 1[or aircraft],or the person in charge of the carriage, as the case may be, shall 4[within such \r\ntime and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of \r\nhuman life or personal injury, if any, to the 5[Director General Explosives] and to the officer in charge \r\nof the nearest police-station. \r\n4[(2) Whoever in contravention of sub -section (1) fails to give notice of any accident shall be \r\npunishable with fine which may extend to 5[half a million] rupees or if the accident is attended by loss \r\n \r\n1Ins. by Ordinance No. CV of 2002, ss. 7 and 8. \r\n2Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937. \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., II. \r\n4Re-numbered, subs., and added by Ordinance, 1945 (Ordinance No. XVIII of 1945), s. 2. \r\n5Subs. by Act No. XVII of 2025, ss. 8 and 10. \r\n \r\nPage 10 of 14 \r\n \r\nof human life, with imprisonment for a term which may extend to three months, or with fine, or with \r\nboth.] \r\n1[9.Inquiry into accidents.__ (1) Where any accident such as is referred to in section 8 occurs \r\nin or about or in connection with any place, carriage 2[, aircraft] or vessel under the control of any of \r\n3[the armed forces of Pakistan], an inquiry into the causes of the accident shall be held by the naval, \r\nmilitary, or air force authority concerned, and where any such accident occurs in any other \r\ncircumstances, the district Magistrate 4[* * *] shall, in cases attended by loss of human life, or may, in \r\nany other case, hold or direct a Magistrate sub-ordinate to him to hold, such an inquiry. \r\n(2) Any person holding an inquiry under this section shall have all t he powers of a Magistrate \r\nin holding an inquiry into an offence under the Code of Criminal Procedure, 1898(V of 1898) and may \r\nexercise such of the powers conferred on any officer by rules under section 7 as he may think it \r\nnecessary or expedite to exercise for the purposes of the inquiry. \r\n(3) The person holding an inquiry under this section shall make a report to the 2[Federal \r\nGovernment] stating the causes of the accident and its circumstances. \r\n(4) The 2[Federal Government] may make rules__ \r\n(a) to regulate the procedure at inquiries under this section; \r\n(b) to enable the 5[Director General Explosives] to be present or represented at any \r\nsuch inquiry; \r\n(c) to permit the 5[Director General Explosives] or his representative to examine \r\nany witnesses at the inquiry; \r\n (d) to provide that where the 5[Director General Explosives] is not present or \r\nrepresented at any such inquiry, a report of the proceedings thereof shall be sent \r\nto him; \r\n(e) to prescribe the manner in which and the time within which notices referred to \r\nin section 8 shall be given. \r\n9A. Inquiry into more serious accidents.⎯ (1) The 2[Federal Government] may, where it is \r\nof opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry of \r\nmore formal character should be held into the causes of an accident such as is referred to in section 8, \r\nappoint the 5[Director General Explosives] or any other competent person to hold such inquiry, and \r\nmay also appoint one or more persons possessing legal or special knowledge to act as assessors in such \r\ninquiry. \r\n \r\n \r\n1Subs. by Ordinance No. XVIII of 1945, s. 2. \r\n2Ins., and subs. by Ordinance No. CV of 2002, ss. 9 and 2. \r\n3Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. 1 of 1961), Art 2 and Sch. (with effect from the 23rd March, 1956). \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (P. O. 4 of 1949), Sch. \r\n5Subs. by Act No. XVII of 2025, s. 10. \r\n \r\nPage 11 of 14 \r\n \r\n(2) Where the 1[Federal Government] orders an inquiry under this section, it may also direct \r\nthat any inquiry under section 9 pending at the time shall be discontinued. \r\n(3) The person appointed to hold an inquiry under this section shall have all the powers of a \r\nCivil Court under the Code of Civil Procedure, 1908(V of 1908), for the purposes of enforcing the \r\nattendance of witnesses and compelling the production of documents and material objects; and every \r\nperson required by such person as aforesaid to furnish any information shall be deemed to be legally \r\nbound so to do within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860). \r\n(4) Any person holding an inquiry under this section may exercise such of the powers conferred \r\non any officer by rules under section 7 as he may think it necessary or expedient to exercise for the \r\npurposes of the inquiry. \r\n(5) The person holding an inquiry under this section shall make a report to the 1[Federal \r\nGovernment] stating the causes of the accident and its circumstances, and adding any observations \r\nwhich he or any of the assessors may think fit to make; and the 1[Federal Government] shall cause \r\nevery report so made to be published at such time and in such manner as it may think fit. \r\n(6) The 1[Federal Government] may make rules for regulating the procedure at inquiries under \r\nthis section.] \r\n1[9B. Offences by companies __ Where the person guilty of an offence under this Act, is a \r\ncompany, corporation, firm or institution, every director, partner and concerned employee of the \r\ncompany, corporation, firm or institution shall, unless he proves that the offence was committed \r\nwithout his knowledge or consent, be guilty of the offence.] \r\n2[9C. Assistance by organizations, etc .__ (1) In performance of his functions, the Director \r\nGeneral Explosives may by an order in writing__ \r\n(a) call for information from any person for the purpose of satisfying himself \r\nwhether there has been any contravention of the provisions of this Act or any \r\nrules made thereunder; \r\n(b) require any person to produce or deliver any document or thing useful or \r\nrelevant to the inquiry or investigation under this Act: \r\n(c) examine any person acquainted with the facts; or \r\n(d) seek expert opinion by co -opting any person in service of the Federal or \r\nProvincial Government or any body under control of such Government. \r\n(2) The information, expert opinion or assistance sought by the Director General Explosives \r\nunder sub-section (1) shall be provided by the person from whom such information, expert opinion or \r\nassistance is sought.] \r\n \r\n1Ins., and subs. by Ordinance No. CV of 2002, ss. 2 and 10. \r\n2Ins. by Act No. XVII of 2025, s. 9. \r\n \r\nPage 12 of 14 \r\n \r\n10. Forfeiture of explosives.__ When a person is convicted of an offence punishable under this \r\nAct or the rules made under this Act, the Court before which he is convicted may direct that the \r\nexplosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has \r\nbeen committed, or any part of that explosive, ingredient or substance, shall, with the receptacles \r\ncontaining the same, be forfeited. \r\n 1[11. Distress of aircraft or vessel. __ Where the owner or master of any aircraft o r vessel is \r\nadjudged under this Act or the rules, to pay a fine for any offence committed with, or in relation to, \r\nthat aircraft or vessel, the Court may, in addition to any other power it may have for the purpose of \r\ncompelling payment of the fine, direct it to be levied by distress and sale of,__ \r\n(a) the aircraft and its furniture or so much of the furniture; or \r\n(b) the vessel and the tackle, apparel and furniture of such vessel or so much of the \r\ntackle, apparel and furniture thereof, \r\n \r\nas is necessary for the payment of the fine.] \r\n \r\n12. Abetment and attempts.__ Whoever abets, within the meaning of the Pakistan Penal Code \r\n(XLV of 1860), the commission of an offence punishable under this Act, or the rules made under this \r\nAct, or attempts to commit any such offence and in such attempt does any act towards the commission \r\nof the same, shall be punished as if he had committed the offence. \r\n13. Power to arrest without warrant persons committing dangerous offences. __ Whoever \r\nis found committing any act for which he is punishable under this Act or the rules under this Act, and \r\nwhich tends to cause explosion or fire in or about any place where an explosive is manufactured or \r\nstored, or any railway or port, or any carria ge, 1[aircraft or vessel], may be apprehended without a \r\nwarrant by a Police-officer, or by the occupier of, or the agent or servant of, or other person authorized \r\nby the occupier of, that place, or by any agent or servant of, or other person authorized by, the railway \r\nadministration of conservator of the port 1[or the officer -in-charge of the air port], and be removed \r\nfrom the place where he is arrested and conveyed as soon as conveniently may be before a 6[Judicial \r\nMagistrate]. \r\n2[14. Saving and power to exempt .__ (1) Nothing in this Act, except sections 8, 9 and 9A, \r\nshall apply to the manufacture, possession, use, transport or 1[, import and export] of any explosive— \r\n(a) by any of 3[the armed forces of Pakistan] in accordance with rules or regulations \r\nmade by 3[* * *] the 4[Federal Government]; \r\n(b) by any person employed under 5[the 1[Federal Government] 4[* * *]] in \r\nexecution of this Act. \r\n \r\n1Subs. & ins. by Ordinance No. CV of 2002, ss. 11, 12 and 14. \r\n2Subs. by Ordinance No. XVIII of 1945, s. 4. \r\n3Subs., and omitted by the Central Laws Adaptation Order, 1961 (P. O. 1 of 1961), Art 2 and Sch. (with effect from the 23rd March, 1956). \r\n4Subs., and omitted by the Federal Adaptation of Laws Order, 1975 (P. O. 4 of 1975), Art. 2 and Sch. \r\n5Subs. by the Central Adaptation of Laws Order, 1964 (P. O. 1 of 1964), Art. 2 and Sch. \r\n6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., II. \r\n \r\n \r\nPage 13 of 14 \r\n \r\n(2) The 1[Federal Government] may by notification in the official Gazette exempt, absolutely \r\nor subject to any such conditions as it may think fit t o impose, any explosive from all or any of the \r\nprovisions of this Act. \r\n15. Saving of Arms Act, 1878. __ Nothing in this Act shall affect the provisions of the Arms \r\nAct,1878 2[and the Pakistan Arms Ordinance, 1965 (W.P. Ordinance No. XX of 1965).] \r\nProvided that an authority granting a license under this Act for the manufacture, possession \r\nsale, transport 1[,import and export] of an explosive may, if empowered in this behalf by the rules \r\nunder which the license is granted, direct by an order written on the license that it shall have the effect \r\nof a like license granted under the said Arms Act (XI of 1878). \r\n16. Saving as to liability under other law. __ Nothing in this Act or the rules under this Act \r\nshall prevent any person from being prosecuted under any other law for any act or omission which \r\nconstitutes an offence against this Act or those rules, or from being liable under that other law to any \r\nother or higher punishment or penalty than that provided by this Act or those rules: Provided that a \r\nperson shall not be punished twice for the same offence. \r\n17. Extension of definition of “explosive” to other explosive substances. __ The 1[Federal \r\nGovernment] may, from time to time, by notification in the 3[official Gazette], declare 4 that any \r\nsubstance which appears to the 1[Federal Government] to be specially dangerous to life or property, \r\nby reason either of its explosive properties or of any process in the manufacture thereof being liable to \r\nexplosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of \r\nthis Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) \r\nshall accordingly extend to that substance in like manner as if it were included in the definition of the \r\nterm “explosive” in this Act. \r\n18. Procedure for making publication and confirmation of rules .__ 5(1) An authority \r\nmaking rules under this Act shall, before making the rules, publish a draft of the proposed rules for the \r\ninformation of persons likely to be affected thereby. \r\n(2) The publication shall be made in such manner as the 1[Federal Government], from time to \r\ntime, by notification in the 3[official Gazette] prescribes. \r\n(3) There shall be published with the draft a notice specifying a date at or after which the draft \r\nwill be taken into consideration. \r\n(4) The authority making the rules shall receive and consider any objection or suggestion which \r\nmay be made by any person with respect to the draft before the date so specified. \r\n \r\n1Subs. by Ordinance No. CV of 2002, ss. 2 and 14. \r\n2Ins. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and 2nd Sch. \r\n3Subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. \r\n4Picric acid with certain exceptions has been declared to be an Explosive within the meaning of this Act, see Gazette of India, 1926, Pt. I, p. 1264. \r\n5Sub-sections (1) to (4) of section 18 were deemed to have been omitted during the Continuance of the Explosives (Amdt.) Ordinance, 1945 (Ordinance \r\nNo. XVIII of 1945), since rep. by the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951), s. 2. \r\n \r\nPage 14 of 14 \r\n \r\n(5) A rule made under this Act shall not take effect 1[***] until it has been published in the \r\n1[official Gazette], 1[* * *]. \r\n(6) The publication in the 1[official Gazette] of a rule purporting to be made under this Act \r\nshall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been \r\nduly sanctioned. \r\n(7) All powers to make rules conferre d by this Act may be exercised from time to time as \r\noccasion requires. \r\n2[19. Transportation of explosives by air. __ The transportation of explosives by air shall be \r\ncarried out by cargo and other permissible aircraft and not by passenger aircraft in accordance with the \r\nrules and regulations of International Civil Aviation Organization (ICAO), International Air Transport \r\nAssociation (IATA) and Civil Aviation Authority of Pakistan (CAA). \r\n20. Removal of difficulties. __ If any difficulty arises in giving effect to any provision of this \r\nOrdinance, the Federal Government may, by notification in the official Gazette, make such provisions, \r\nnot inconsistent with the provisions of this Ordinance, as may appear to it to be appropriate or \r\nnecessary for the purpose of removing such difficulty.] \r\n \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n Dated. 07-07-2025 \r\n1Rep., and subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. \r\n2Ins. by Ordinance No. CV of 2002, s. 15.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-6f9a7ceeba85fc06:sha256:f348d6ffc37c49ba01ea8f32cac744cc785a4d3cb0c8b3d82870e18454ec4819:chars-0-1791:ed7ce49453f205d826e8702fade3439678ce3d0b4d71b71128f037a0b26441ad", "character_start": 0, "character_end": 1791, "utf8_byte_start": 0, "utf8_byte_end": 1795, 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