Section 5. Cl (b) rep. by s. 3 and the Second Schedule, ibid

5. Cl (b) rep. by s. 3 and the Second Schedule, ibid. 6. Subs. by Act 32 of 1978, s. 7, for sub-section (2)(w.e.f. 2-3-1983). 7. Sub-section (3) omitted by s. 7, ibid. (w.e.f. 2-3-1983). 8. Ins. by s. 8, ibid. (w.e.f. 2-3-1983). (i) who has not completed the age of eighteen years, or (ii) who has been sentenced on conviction of any offence involving violence or moral turpitude for a term not less than six months, at any time during a period of five years after the expiration of the sentence, or (iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping the peace or for good behaviour, at any time during the term of the bond., or (iv) whose licence under this Act has been cancelled, whether before Or after the commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), for contravention of the provisions of this Act or of the rules made thereunder, at any time during a period of five years from the date of cancellation of such licence, shall,— (1) manufacture, sell, transport, import or export any explosive, or (2) possess any such explosive as the Central Government may, having regard to the nature thereof, by notification in the Official Gazette, specify; (b) no person shall sell, deliver or despatch any explosive to a person whom he knows or has reason to believe at the time of such sale, delivery or despatch,— 5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives.— (1) The Central Government may for any part of 1[India],2* make rules3 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,[4] [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;[5] * 6[ (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 1. Subs. by Act 3 of 1951, s. 3 and Schedule, for "Part A States and Part C States" (w.e.f. 1-4-1951). 5. The word "and" omitted by s. 5, ibid. (w.e.f. 2-3-1983). 6. Ins. by Act 32 of 1978, s. 5. (w.e.f. 2-3-1983). 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[1] [or any person or class of persons] from the operation of the rules. 2* * * * * 3 [ 5A. Persons already in business in respect of certain explosives to carry on such business without licence for a certain period .—Notwithstanding anything in section 5 or in the rules made thereunder where, immediately before the commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), any person was carrying on the business of manufacture, sale, transport, import or export of any explosive [for which no licence was required under this Act before its amendment by the Indian Explosives (Amendment) Act, 1978], then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive— (a) for a period of three months from the date of such commencement; or (i) to be prohibited under clause (a) to manufacture, sell, transport, import, export or possess such explosive, or (ii) to be of unsound mind. 2. The words "and each Local Government, with the previous sanction of the Governor, General in Council, may for any part of the territories under its administration" omitted by the A.O. 1937. (b) if before the expiry of the said period of three months, such person has made an application for grant of licence under this Act for such business in such explosive, until the final disposal of his application, whichever is later.]