Draft Explosives Bill 2024

• 08 May 2024

For Prelims: Petroleum and Explosives Safety Organisation, Department for Promotion of Industry and Internal Trade, Explosives Act of 1884, Arms Act, 1959

For Mains: Regulation of explosives, Enhancing national security and mitigating risks associated with explosives

Source: BS

Why in News?

The Government of India aims to replace the Explosives Act 1884 with the new Explosives Bill 2024.

• The Department for Promotion of Industry and Internal Trade (DPIIT) has proposed the draft bill.
• The key objectives are to raise fines for regulatory violations and enhance the efficiency of licensing procedures.

What are the Key Provisions of the Proposed Explosives Bill 2024?

• Designation of Licensing Authority: Under the proposed bill, the Union government will designate the authority responsible for granting, suspending, or revoking licences.
  • Currently, the Petroleum and Explosives Safety Organisation (PESO) operates under the DPIIT and serves as the regulatory body.
• Specified Quantity in Licences: Licences will specify the quantity of explosives that a licensee can manufacture, possess, sell, transport, import, or export for a specified period.
• Penalties for Violations: The proposed bill outlines stricter penalties for violations. Offenders may face imprisonment for up to three years, a fine of Rs 1,00,000, or both for manufacturing, importing or exporting explosives in violation of regulations.
  • Possession, use, sale, or transportation of explosives in violation may lead to imprisonment for up to two years, a fine of Rs 50,000, or both, whereas the current fine stands at Rs 3,000.
• Streamlined Licensing Procedures: Efforts are underway to enhance the efficiency of licensing procedures, making it easier for businesses to obtain necessary permits while maintaining stringent safety standards.

Petroleum and Explosives Safety Organization (PESO)

• The PESO, formerly known as the Department of Explosives, since its inception in 1898, has been serving the nation as a nodal agency for regulating the safety of hazardous substances such as explosives, compressed gas and petroleum.
• PESO’s major work is to administer the responsibilities delegated under the Explosives Act 1884 and Petroleum Act 1934 and the Rules made thereunder related to the manufacture, import, export, transport, possession, sale and use of Explosives, Petroleum products and Compressed gases.
• It operates under the DPIIT, Ministry of Commerce and Industry.
• The organisation has provided training to law enforcement, security, and intelligence personnel in handling explosives safely, filling a critical gap in the country's training resources.

What is the Explosives Act of 1884?

• Historical Context: Enacted during British colonial rule, the Explosives Act of 1884 aimed to regulate various aspects of explosives.
• Safety Regulations: The Act applies to various types of explosives, including gunpowder, dynamite, nitroglycerin, and other similar substances.
  • The Act mandated safety standards and procedures to mitigate risks associated with explosives, encompassing handling, transportation, and storage guidelines to prevent accidents.
  • The Act empowers the Central Government to make rules regulating the manufacture, possession, use, sale, transport, import, and export of explosives.
    • These rules govern the issuance of licences, fees, conditions, and exemptions.
• Prohibition of Dangerous Explosives:
  • The Central Government can prohibit the manufacture, possession, or importation of especially dangerous explosives in the interest of public safety.
• Exemption:
  • The Act does not affect the provisions of the Arms Act, 1959, and provisions are made for licences issued under the Explosives Act to have the effect of licences under the Arms Act.
    • The Arms Act of 1959 regulates the possession, acquisition, and carrying of ammunition and firearms. It also aims to curb illegal weapons and violence. The act replaced the Indian Arms Act of 1878.
• Evolution and Amendments: Over time, the Explosives Act underwent several amendments to adapt to technological advancements and emerging challenges, primarily focusing on enhancing safety standards and regulatory mechanisms.

Note:

• The Kodavas, a martial race in Kodagu (Coorg) district, are one of the few tribes in India allowed to possess a gun without a licence.
  • The Kodavas, exempted from the Indian Arms Act since 1834, are known for their valiant support to the British against Tipu Sultan, and they are required to obtain an exemption certificate from the government.

Popular Explosives:

• Dynamite:
  • Dynamite is a type of explosive mainly made by mixing nitroglycerin with an absorbent material such as clay.
    • This mixture stabilises the highly volatile nitroglycerin, making it safer to handle and transport.
• Ammonium Nitrate:
  • Ammonium nitrate is an inorganic compound consisting of ammonium ions (NH4) and nitrate ions (NO3).
    • It's commonly used as an agricultural fertiliser, but it can also be used as an explosive in certain conditions, particularly when combined with a fuel source.
• TNT (trinitrotoluene):
  • TNT is an organic compound derived from toluene, an aromatic hydrocarbon.
    • TNT is a yellow, odourless solid that is relatively stable and insensitive to shock and friction, making it a popular choice as an explosive used in military shells, in industrial uses, and in underwater blasting.
• TNE (Trinitroethylener):
  • TNE is an organic nitrate compound. It has been used as an explosive but is less common compared to other explosives like TNT.
• RDX (Royal Demolition explosive):
  • RDX is an organic compound, in appearance it is a white powder and is very explosive widely used in military and civilian applications due to its high explosive power and stability.
  • It is also known as cyclonite or hexogen.

Drishti Mains Question:

Q. Analyse the impact of colonial-era legislation, such as the Explosives Act of 1884, on India's current regulatory landscape for explosives and hazardous materials.