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The Explosives Act, 1884

Section 7Power to make rules conferring powers of inspection, search, seizure, detention and removal

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Section 7: Power to make rules conferring powers of inspection, search, seizure, detention and removal

7. Power to make rules conferring powers of inspection, search, seizure, detention and removal

(1)

The Central Government *** may make rules consistent with this Act authorising any officer, either by name or in virtue of his office.—

(a)

to enter, inspect and examine [any place, aircraft, carriage or vessel] in which an explosive is being manufactured, possessed, used, sold, [transported, imported or exported] under a license granted under this Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, [transported, imported or exported] in contravention of this Act or of the rules made under this Act;

(b)

to search for explosives therein;

(c)

to take samples of any explosive found therein on payment of the value thereof; and [(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also destroy such explosive or ingredient.]

(2)

The provisions of the [Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorised by rules under this section.

Amendment notes (5)
  1. omitted . The words "or the Local Government with the previous sanction of the Governor-General in Council" omitted by the A.O. 1937.
  2. Subs . Subs. by Act 32 of 1978, s. 9, for "any place, carriage or vessel" (w.e.f. 2 -3-1983).
  3. Subs w.e.f. 2-3-1983 . Subs. by s. 9, ibid., for "transported or imported" (w.e.f. 2-3-1983).
  4. Subs w.e.f. 2-3-1983 . Subs. by s. 9, ibid., for clause (d) (w.e.f. 2-3-1983).
  5. Subs w.e.f. 2-3-1983 . Subs. by s. 9, ibid., for "Code of Criminal Procedure (10 of 1882)" (w.e.f. 2-3-1983).