Latest news with #ExplosivesAct
Time of India
2 days ago
- Time of India
HC pulls up officials for lapses in preventing cracker unit accidents
Madurai: Madras high court has reprimanded officials of PESO, police, as well as industrial safety and health departments for their oversight in preventing frequent accidents in fireworks units, causing loss of workers' lives in Virudhunagar district. The court called for details of cases registered in the last five years while issuing a series of directions to officials to take steps to prevent such accidents. Justice B Pugalendhi said the repeated pattern of accidents — 131 deaths and 146 serious injuries between 2019 and 2023 in the region — suggests a chronic absence of inspection, enforcement, and accountability. "The regulatory bodies, despite knowing the hazardous nature of the work and workers' vulnerability, failed to discharge their constitutional obligation under Article 21 to protect the right to life of citizens working in high-risk industries. This lapse cannot be termed accidental; it is structural and ongoing," observed the judge. The judge noted that in the Achankulam fireworks accident case in Sivakasi, retired Justice K Kannan committee's report found subleasing of licensed premises, overcrowding, untrained workers, chemical mixing in open areas, and locked exits as major causes of the blast. Though a criminal case is registered for various offences whenever an accident occurs, investigations are conducted mechanically. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Tìm hiểu thêm Undo "It appears that FIRs registered in 2019 and 2020 remain pending in 2024. There is no engagement of explosive experts, no forensic reports, and no meaningful determination of the cause," it said. Sections 9(1) and 9A of the Explosives Act mandate cause-based investigation and remedial recommendations, apart from the criminal investigation. However, these provisions are routinely overlooked, and neither the district collector nor the Controller of Explosives, PESO, have suggested any viable remedial measures. The judge asked the DGP to ensure that fire accidents involving explosives are investigated by personnel equipped with adequate technical knowledge, with due assistance from forensic experts. Under Rule 11 of the Explosives Rules, each factory is mandated to appoint a qualified foreman and a safety officer/supervisor (BSc Chemistry) in the ratio of 1:50 workers. However, these roles are often vacant or filled without proper qualification. Though the rules also mandate periodic safety audits, and adherence to quantitative and procedural restrictions, none of these safeguards were meaningfully implemented. The industrial safety and health department, which bears statutory responsibility to oversee factory safety under Factories Act and Tamil Nadu Factories Rules, is critically understaffed, the judge said. The judge directed the Director of Industrial Safety and Health to ensure strict enforcement of safety norms under various statutes, including compliance with licensing limits, mandatory appointment of safety personnel, periodic inspections, and safety training. According to rules, a district magistrate or district revenue officer is empowered to issue licenses when the total quantity of explosives, including raw materials, processed material, and finished goods, does not exceed 15kg. Quantities ranging from 15kg to 500 kg fall under the jurisdiction of the controller of explosives, PESO, and those above 500 kg under chief controller of explosives, PESO. However, it has come to light that DROs have issued licenses beyond their jurisdiction by permitting multiple sheds or exceeding the 15kg limit. Such licenses are patently invalid. The judge directed the chief controller of explosives, PESO, to take necessary steps to scrutinise licensing practices in Sivakasi and other firework clusters and take appropriate action wherever licenses are found to be issued in excess of the legal limits. The court said that in cases where it is established, upon inquiry that the accident occurred due to the employer's fault, including non-compliance with licensing conditions, safety protocols, or subleasing of premises, the licensing authority shall take appropriate action, including cancellation of licence. "The responsibility to regulate hazardous industries is statutory, not discretionary," observed Justice Pugalendhi.
Express Tribune
2 days ago
- Express Tribune
Courts sentence multiple offenders
The Anti-Terrorism and Sessions Courts in Rawalpindi district on Thursday awarded strict punishments to convicts involved in cases of explosives recovery, murder, and narcotics trafficking. In a major decision, special Anti-Terrorism Court (ATC) Judge Amjad Ali Shah sentenced five individuals to a combined 65 years of imprisonment and imposed a fine of Rs500,000 each in a case concerning the possession of explosive materials. The court also ordered the confiscation of all movable and immovable properties of the convicts. The case, registered by the Counter-Terrorism Department (CTD) on September 12, 2023, named Abdul Rashid, Rizwanullah, Luqman Khan, Wahid Khan, and Irfanullah as the accused. In the event of non-payment of fines, each convict will serve an additional six months in prison. The court awarded seven years of rigorous imprisonment under Section 5 of the Explosives Act, three years and a fine of Rs50,000 under Section 11-F(6) of the Anti-Terrorism Act, and three years and another Rs50,000 fine under Section 11-W of the Anti-Terrorism Act. The time already spent in custody will be counted as part of their sentence. Following the ruling, all five convicts were transferred to Adiala Jail. In a separate murder case, Additional District and Sessions Judge Rai Afzal Hussain Kharal sentenced Zafar Mehmood to death and imposed a fine of Rs1m for the murder of a young man, Abdul Karim, over a property dispute in Gujjar Khan. The case was registered on March 13, 2010, after which the convict fled and remained at large until his arrest last year. Additionally, in two separate narcotics smuggling cases, the court sentenced two individuals to a total of 18 years of imprisonment and imposed fines totalling Rs160,000. Muhammad Akhtar, arrested with 1,600 grams of narcotics from Dhamyal, was sentenced to nine years and fined Rs80,000. Khial Muhammad, arrested with 1,400 grams of narcotics from the Saddar Wah area, also received a 9-year sentence and a fine of Rs80,000. All three convicts were also shifted to Adiala Jail following their sentencing.
The Hindu
2 days ago
- The Hindu
Devise framework for rehabilitation of survivors of industrial accidents in Tamil Nadu: Madras High Court
Taking a serious view of frequent fire accidents in fireworks units in Virudhunagar district, the Madurai Bench of the Madras High Court has asked the State to evolve a structured rehabilitation framework for victims families, including educational support for children, widow pension, and housing security, so as to address the long-term impact of such tragedies. Justice B. Pugalendhi observed that the repeated pattern of accidents — 131 deaths and 146 serious injuries between 2019 and 2023 in the region — only suggested a chronic absence of inspection, enforcement, and accountability. The regulatory bodies, despite having knowledge of the hazardous nature of the work and the vulnerability of the workers, had failed to discharge their obligation under Article 21 of the Constitution to protect the right to life of citizens working in high-risk industries. This lapse cannot be termed accidental. It is structural and ongoing. The court observed manufacture, possession, and sale of fireworks were regulated under the Explosives Act, 1884, and the Explosives Rules, 2008. The District Magistrate or the District Revenue Officer was empowered to issue licences only where the total quantity of explosives, including raw materials, processed material, and finished goods, did not exceed 15 kg at a time. Quantities ranging from 15 kg to 500 kg fell under the jurisdiction of the Controller of Explosives and those above 500 kg under the Chief Controller of Explosives. However, it had come to light that the DROs had issued licences beyond their jurisdiction. Such licences were patently invalid, the court observed. Sivakasi, known as the 'fireworks capital of India', contributed over 90% of the country's production. Its dry climate, minimal rainfall, and humidity made it ideal for fireworks, but the conditions heightened the risk of explosions. Virudhunagar district was classified as an Aspirational District by NITI Aayog, reflecting persistent underdevelopment. The area suffered from critical groundwater scarcity, negligible agricultural activity, and limited industrial diversification. Workers had no alternative but to work in these dangerous factories, fully aware of the risks. These were not choices made freely, but under compulsion of survival, the court observed. According to the judge, there is widespread non-compliance and endangerment of lives. Whenever an accident occurs, investigations into such accidents are conducted in a mechanical fashion. The FIRs registered in 2019 and 2020 remain pending in 2024. There is no engagement of explosive experts, no forensic reports, and no meaningful determination of the cause. The report of a committee, headed by retired judge K. Kannan, formed by the National Green Tribunal to look into the cause of Achankulam accident in Sivakasi, found subleasing of licensed premises, overcrowding, untrained workers, chemical mixing in open areas, and locked exits as major causes of the blast. The cumulative effect of illegal licensing, absence of safety measures, ineffective inspections, and casual investigations point to a breach of Article 21. The State is liable for failure to protect life in hazardous employment. The court was hearing the petition filed by four Scheduled Caste women who lost their husbands in a fire accident at a fireworks unit in Ettakkapatti in Sivakasi in 2014. Though ₹5 lakh to each of the victims was recommended, the government in 2015 sanctioned only ₹1 lakh as ex gratia compensation. The petitioners sought the release of the balance amount and a suitable employment to a family member each. The court enhanced the compensation amount to ₹10 lakh each and directed the State to pay the compensation amount in eight weeks. Pointing out the reasons, the court observed the deceased were engaged in the fireworks industry, which was not only classified as a 'hazardous occupation', but also regulated as a dangerous operation. The workers were allowed to operate in unprotected environments, with no formal training, no protective gear, and no regulated safeguards. The working conditions made accidents not just probable but inevitable. The court pointed to the failure of the State in discharging its Statutory and Constitutional duties. The court also referred to the Supreme Court judgment in Safai Karamchari Andolan to enhance the compensation. The victims' families were from socially and economically weaker sections, with dependent children and no sustainable alternative income. The effect of the accident was not only immediate but perpetual, warranting compensation that reflected both the economic and human dimension of the loss. The State could not escape responsibility where its agencies had failed to prevent an accident in a dangerous industry. The award of compensation was not penal but declaratory of the constitutional breach, and ₹10 lakh per family was a fair, just, and proportionate recognition of the same, the court observed. The judge directed the Director of Industrial Safety and Health to ensure enforcement of safety norms under the Explosives Act and the Explosives Rules, the Factories Act and the Factories Rules, including compliance with the licensing limits, mandatory appointment of safety personnel, periodic inspections, and safety training. The safety of workers in hazardous industries should be treated as a matter of utmost priority. The Chief Controller of Explosives, PESO, Nagpur, shall take necessary steps to scrutinise the licensing practices in Sivakasi and other firework clusters and take appropriate action wherever licences were found to be issued in excess of the legal limits prescribed under the Explosives Act and Rules, the court directed. The Director General of Police must ensure fire accidents involving explosives are investigated by personnel equipped with adequate technical knowledge, with due assistance from forensic experts and in accordance with the mandates of the Explosives Act. Severe understaffing in the Industrial Safety and Health Department made it nearly impossible to conduct regular inspections, enforce statutory safety measures or respond in time to violations. Without adequate technical personnel and supervisory infrastructure, compliance could not be expected. The judged expressed clear expectation that in cases where it was established, upon enquiry or investigation, that the accident occurred due to fault of the employer, including non-compliance with the licensing conditions, safety protocols or subleasing of premises, the licensing authority should take appropriate action, including cancellation of the licence. The responsibility to regulate hazardous industries was statutory, not discretionary.
Time of India
2 days ago
- Time of India
Oil firm detects theft from pipeline, lodges FIR in Buxar
Buxar: Indian Oil Corporation (IOC) officials on Thursday lodged an FIR against unidentified persons for oil theft from the IOC's Barauni-Kanpur pipeline at Nuawan village under Krishna Brahm police station area of Buxar district. Krishna Brahm SHO Chanchal Kumar said, "We have received a complaint regarding the oil theft and initiated an investigation into the matter. Charges have been filed under the Petroleum and Minerals Pipelines Act, Explosives Act, Prevention of Damage to Public Property Act, and the relevant sections of the Indian Penal Code." According to Indian Oil engineer, Vishal Kumar, the illegal activity came to light during a routine inspection on June 16 around 7.30am. Security guard Pramod Kumar observed signs of fresh excavation and disturbed soil above the pipeline, and promptly alerted the authorities. A joint team from Indian Oil and the local police reached the spot and found that a 2-inch illegal valve had been installed on the pipeline for stealing oil, resulting in the leakage. "This act not only damaged national infrastructure, but also posed a serious safety hazard due to the highly flammable nature of the product," said Kumar, adding that the disruption in supply triggered a temporary fuel crisis in the surrounding areas.
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Business Standard
4 days ago
- Business
- Business Standard
Govt proposes to repeal 141-year-old Explosives Act, 1884 to bring new law
The government has proposed to repeal the 141-year-old Explosives Act of 1884 and introduce a new law stating that the existing legislation is based on the old British pattern and is not adequately meeting the country's growing requirements. The Department for Promotion of Industry and Internal Trade (DPIIT) has sought comments and suggestions from the general public, industry associations and other entities concerned on the proposal before July 17 this year. It said the Explosives Act, 1884 is a pre-constitutional act and it was comprehensively modified in 1978. Many large and small companies began to manufacture high explosives after independence. "It is observed that the Explosives Act, 1884, which is based on the old British pattern and is not adequately meeting the country's growing requirements and development in the explosive sector thereby resulted in difficulties for the industry," the DPIIT's note for public and stakeholder consultations said. To remove shortcomings in the existing legislation and obviate the difficulties experienced by the industry, the Explosives Act, 1884 was comprehensively amended in 1978. The law was enacted to regulate the manufacture, possession, use, sale, transport, import and export of explosives for commercial purposes and to prevent accidents (explosion) due to explosives in the territory of India. During the examination of all the pre-constitutional acts from the purview of their suitability and relevance in the present circumstances, it was suggested to take remedial actions for their repeal or re-enactment or consolidation. "It is proposed to repeal the Explosives Act, 1884 and re-enact a new law with necessary modifications, including in the penal provisions thereof, to bring it in conformity with the current scenario or circumstances," it said. The salient features of the amendments made in the Explosives Act, 1884 by the Explosives Bill, 2025 includes seven new definitions, and additions of new provisions relating to the third-party inspection agency.
