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Explosives (Amendment) Act, 1987

An Act made to further amend the Explosives Act, 1884
Whereas it is expedient to further amend the Explosives Act, 1884 for the purposes hereinafter appearing;
Now, therefore, it is herewith enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Explosives (Amendment) Act, 1987.
(2) It shall shall be deemed to have come into effect on the 6th May, 1987 (22th Vaishakh, 1394).

2. Amendment of section 4 of Act IV of 1884.- For the word "sea" in clause (6) of section 4 of the Explosives Act, 1884 (IV of 1884), hereinafter referred to as the said Act, the words and comma "air, sea" shall be substituted.

3. Amendment of section 5 of Act IV of 1884.- For the proviso of sub-section (3) of section 5 of the said Act the following proviso shall be substituted, namely:-

"Provided that the penalty which may be imposed by any such rules shall be,-
(a) in the case of a person so manufactoring, using or importing an explosive, an imprisonment for a term which may extend to ten years and shall not be less than two years, and also a fine which may extend to fifty thousand taka in default of which a further imprisonment for a term which may extend to one year.
(b) in the case of a person so selling or transporting an explosive, an imprisonment for a term which may extend to seven years and shall not be less than one year and also a fine which may extend to thirty thousand taka in default of which a further imprisonment which may extend to one year.
(c) in the case of a person so possessing an explosive, an imprisonment for a term which may extend to five years and shall not be less than six months, and also a fine which may extend to twenty thousand taka in default of which a further imprisonment for a term which may extend to six months.
(d) in any other case, an imprisonment for a term which may extend to two years and shall not be less than three months, and also a fine which may extend to ten thousand taka in default of which a further imprisonment for a term which may extend to three months.",

(a) in clause (a) of sub-section (1), after the word "possession" the words "use, sale, transportation" shall be inserted;
(b) in sub-section (2),-

(1) the word "sea", wherever it occurs, shall be omitted;
(2) for the word "port" the words "port or border check-post" shall be substituted;
(3) for the word "vessel", wherever it occurs, the words "vessel or carriage" shall be substituted;

(c) for sub-section (3) the following sub-section shall be substituted, namely:-

"(3) Any person manufactoring, possessing, using, selling, transporting or importing an explosive in contravention of a notification issued under this section shall be punishable with imprisonment for a term which may extend to ten years and shall not be less than two years and also with a fine which may extend to fifty thousand taka in default of which with a further imprisonment for a term which may extend to one year, and in the case of importation by water or land, the owner and master of the vessel or carriage in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with imprisonment for a term which may extend to ten years and shall not be less than two years and also with a fine which may extend to fifty thousand taka in default of which with a further imprisonment for a term which may extend to one year."

"Whoever in contravention of sub-section (1) fails to give notice of any accident shall be punishable with imprisonment for a term which may extend to three months and als” with a fine which may extend to five thousand taka in default of which with a further imprisonment for a term which may extend to one month, and, if the accident is attended by loss of human life, with imprisonmet for a term which may extend to one year and also with a fine which may extend to ten thousand taka in default of which with a further imprisonment for a term which may extend to two months."