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[Section Index]

The Explosives Act, 1884

( ACT NO. IV OF 1884 )

Saving and power to exempt
14. (1) Nothing in this Act, except sections 8, 9 and 9A, shall apply to the manufacture, possession, use, transport or importation of any explosive-
(a) by any of the armed forces of Bangladesh in accordance with rules or regulations made by the Government;
(b) by any person employed under the Government in execution of this Act.
(2) The Government may by notification in the official Gazette exempt, absolutely or subject to any such conditions as it may think fit to impose, any explosive from all or any of the provisions of this Act.
15. Nothing in this Act shall affect the provisions of the Arms Act, 1878:
Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said Arms Act.
16. Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules: Provided that a person shall not be punished twice for the same offence.
17. The Government may, from time to time, by notification in the official Gazette, declare that any substance which appears to the Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations, and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition or the term “explosive” in this Act.
18. (1) An authority making rules under this Act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.
(2) The publication shall be made in such manner as the Government, from time to time, by notification in the official Gazette prescribes.
(3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.
(4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.
(5) A rule made under this Act shall not take effect until it has been published in the official Gazette.
(6) The publication in the official Gazette or a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been duly sanctioned.
(7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.

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