114. No licence needed for possession and sale in certain cases.-(1) Notwithstanding anything contained in rule 113, no licence shall be necessary for the possession- (a) Of any explosive by a carrier or other person for the purpose of transport, when the same is being kept or transported in accordance with the provisions of Chapter - IV regulating transport of such explosives; or (b) By any person of manufactured fireworks in any quantity not exceeding 25 kg., provided that the fireworks- (i) Are obtained and intended by such person for immediate use and not for sale and are possessed by him for a period not exceeding 14 days; and (ii) Are kept in a substantial receptacle which is exclusively appropriated to the keeping of explosives and is closed and secured so as to prevent unauthorized persons from having access to the explosives; or (c) By any person for his, own private u and not for sale of gunpowder not exceeding 5 kgs. in any State, other than Bihar Kerala and West Bengal, and of small arm nitro-compound not exceeding 5 kgs., except in the State of Kerala, or 50 metres of safety fuses for blasting or of soaked liquid oxygen explosives in blast holds. (d) by Railway Administration of flare lights or other explosives for its own use and not or sale to any other person by transfer or otherwise for maintaining railways, track , tunnels provided that the provisions of the Acts and these rules are otherwise complied with; (e) Of any explosive, which is not for sale, and is required solely for the navigation of aircraft when kept in an aircraft for use therein or for distribution to other aircraft or to aerodromes or at an aerodrome for use there or for distribution to aircraft or to other aerodromes, provided that the maximum quantity so possessed shall not exceed 25 kgs., when carried in an aircraft and 50 kgs., when kept at an aerodrome;
(f) and sale from a shop of amorces (an explosive of Class 7 and division 2) in quantity not exceeding 12.5 kgs.: Provided that in respect of Cls. (b) and (c), the Central Government may prohibit the possession of any explosive or prescribe any conditions under which the explosives can be possessed without a licence when considered necessary for the security of public peace. (2) Notwithstanding anything contained in rule113, no licence shall be necessary for the sale of such explosives manufactured by the Armed Forces of Union and Ordinance Factories or other establishment of such Forces as are sold or delivered to any person who is in possession of a valid licence issued under these rules for the class and quantity of explosives so sold or delivered.
|