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Explosz'ves.-Extension of the power of inspection..

conferred by rule No. 32 of the rules.regulating the manufacture, possession andsale of e"Xplosivesand rule No. 30 of therules regulating the transport and Import-atiun of explosives to Sub-Inspectors ofPolice.

No. 2273.

GENERAL DEPARTMENT.::.

, Bombay Castle, 9th April 1912.,

Read again Government Resolution No. 6229, dated the 20th Octoh:~r 19 II.

Government memorandum No. 6554, dated the Sth l\ovember 191 r :-

"The undersigned presents complimf>lIts to the Commissio'ner in Sind and with.reference to the amendments I (b) and II (c) in the Notification of the Government ofIndia, NO,7 122-9, dated the 30th September 191 r, printed in the preamble of GovernmentResolution No. 6229, dated the 20th October '911, is directed to request that he \vill be sogood as to report whether he would recommend the power of insp~ction conferred by ruleNo. 32 of the rules regulating the manufacture, possession .and salp. of explosives and ruleNo. 30 of tbe rules regulating the transport and importation of explosiVf's being extendedto Sub-Inspectors of Police within the areas over which their authority extends."

Government m~morandum No. 655::;, dated the 8th Novemb~r 191 r, to the Commis-sioners of Divisions and the Commissioner of Police, Bombay. in the terms of the abovememorandum. ..

Letter from the Con:rriissioner of Police, Bombay, No. 2967-A.A., dated the 16thNovember 1911:-

" With reference to memorandum, General Department, :t\o. 655~, dated Sth instantI have the honour to state that so far as Bombay City is concerned, I would not recommendthe extension of the power of insIJection conferred by rule 32 of the rules regarding themanufacture, possession and sale of explosives and rule 30, clause 2, of the rules regulatingthe transport and importation of explosives to Sub-Inspectors of the Bombay City Policeas the staff of Inspectors is sufficient to deal with all cases that occur."

Letter from the Commissioner, N. D., No. 1262, dated the 13th December 1911 :-.. With reference t<?Government memorandum No. 6555, dated the 8th November

191I, I have the honour, after consulting the District Magistrates in the Division, to statethat I see no objection to extend to Sub-Inspectors of Police, within the areas over whichtheir authority extends, the power of inspection conferred by rule 32 of the rules reguiating'the manufacture, possession and sale of explosives and rule 30 of the rules regulating the'transport and importati.on of eXplosives."

Letter from the Commissioner, C. D., No. C.-33, dated the l;3th January 1912:-"With reference to Government memorandum No. 6555, dated 8th November 19I I,

I have the honour to state that except the District Magistrate, Poona, all the DistrictMagistrates in this Division recommend that the power of inspection conferred by No. 32of the rules regulating the manufacture, possession and sale of explosi\'es and No. 30 of

/' the rules for the transport and importation of explosives may be extended to all.Sub-Inspectors of Police \vithin the areas over which their authority extends. The DistrictMagistrate, Poona, recommends the grant of the powers to selected Sub-Inspectors only.I agree with the majority that powers under both ru!es should be conferred on alLSub-Inspectors indiscriminately." .

Letter from the Commissioner, S. D., No. 308. dated the 1st Febrnary 1912:-"\\lith reference to Government memorandum No. 6555 of 8th November last, I have

the honour to report that the District Magistrates of this Division were consulted by meanc1 that all of them except the District Magistrate of Dharwar have no objection to thepower of inspection conferred by No. 32 of the rules regarding the manufacture, possessionand sale of e}.plo~ives and No. 30 of the rule's regulating the transport and import ofexplosives being extended to Sub-Inspectors of Police within the areas over which theirauthority extends. I agree with them.

/.2. The reports*received from the Dis':lrict Magistrates are attached./I 3. The question re!erred to in paragraph 2 of the Kolaba District Magistrate's

report is being dealt ,Yith separately."

* Printed 'as accompanirrjlentsto this Resolution.

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Memorandum from the Commissioner in Sind, No. T.-372, dated the 12th February'1912 :-

"With reference to Government memorandum No. 6554, dated 8th November 191I, the"Commissioner,in Sind recommends that,the,power of inspection conferred by rule 32 of therules regulating the manufacture, ,possession and, sale of explosives and rule 30 of the

'rules regulating the transport and importation of explosives may be extended toSub'Inspectors ~of Police within t,he areas over which their authority entends."

RESOLUTION.--With reference to the amendments I (b) and II (c) in theNotification of the Government of India, NO.7 I 22-9,:dated the '30th September191 I, printed in the preamble of Government R~solution No. 6229, dated the20th October, 191 I, His Excellency the Governor in Council is pleased to direct

'that the power of inspection conferred by rule :\ o. 32 of the rules regulatinO' themanufacture, possession and sale of explosives 3:nd rule No. 3° of the ~ulesregulating the transport and importation of explosives shall be exercised within the

.areas over which their authority extends by Sub-Inspectors of Police in the BombayPresidency, including Sind, but excluding the City of Bombay.

...

@ J. 1. RIED,Secretary to Government. ".........

"To

The Commissioner in Sind,The Commissioner, l'L D.,The Commissioner, C. D.,The Commis::-ioner, S. D.,The Commissioner of Police, Bombay,All DIstrict Magistrates,The Political Resident, Aden,T!-Ie Municipal Commissioner for the City of Bombay,The Remembrancer of Legal Affairs, .The Chief Inspector of Explosives,The Commissioner of Customs, Salt, Opium and Abkari,The Collector of Customs, Bornbay,The Chief Collector of Customs in Sind;The Chairman, Bombay Port Trust,The Port Officer, Born'bay,The Chemical Analyser to Government,The Superintending Engineer, C. D.,The Superintending Engineer, N. D.,The Superintending Engineer. S. D., ,

The Superintending Engineer, Indus Right Bank Division,The Superintending Engineer, Indus Left Bank Division,The Chief En2ineer in Sind,The Sanitary, 'Engineer to Government,The Public Works Department,The Political Department,"The Marine Department,The Judicial Department. 'i'I...

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Accompaniments to Government Resolution, General Department.

No, 21!73, dated the 9th April 1912. ~(jf:/

No. 10123, dated the 2gth November IgII.

From- B. A. Brendon, Esq., LC.S., District Magistrate, Belgaum ;To- The Commissioner, S. D.

With reference to your No. 4203, dated 18th instant, I have the honour to state thatI see no objection to the po..-er of inspection conferred by No. 32 of the rules regulatingthe manufacture, possession and sale of explosives and No. ~o of the rules regulating thetransport and importation of explosives being extended to Sub-Inspectors of Police ~vithil1the areas over which their authority exends.

No. C..IgI7, dated the 21st December IgII.

From- R. C. Brown, Esq., J.C.S., District Magistrate, Bijapur ;To-The Commissioner, S. D.

With reference to your No. 4203, dated 18th November 191 I, I have the honour tostate that in my opinion the power of inspection conferred by rule 32 of the rules regulatingthe manufacture, possession and sale of eXplosives'and rule 30 of rules for transport andexport of explosives can safely be entrusted to Sub-Inspectors of Police for exercise withinthe area over which their authority extends. .

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No. 644, dated the 27th Ja~ry Ig12.

From-E. Maconochie, Esq., LC.S., Distrt:VIagistrate, Dharwar;

To- Tbe Commissioner, S. D. JWith reference to your No. 4203, dated 18thJNovember 191 I, I have the honour to

state that all my Sub-Divisional Officers are u'1animous in their opinion that powers ofinspection conferred by rule 32 of the rules for.legulating the sale and manufacture ofexplosives and rule 3~ of the rules regulating,,;0e transport a?d importati?n.of. the.sa~eshould not be extended to Sub-Inspectors of ~ohce-. I agree wIth them, as In thIS dlstnctthe work of inspection is well within the powers of Inspectors having regard to thenumber of licensees, and there is no need to rUlI the risk of abuse by extending powers toofficers of lower rank. "

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No. 202, dated the IIth January 1912.

From-G. Monteath, Esq., B.A., LC.,S., District Magistrate, Kanara ;

To, The Commissioner, S. D.

With reference to your endorsement No. 4203, dated 18th November IgII, I have thehonour to report that I am of opinion that the power of inspection vested by rule 32 ofthe rules regulating the manufacture, possession and sale of explosives and No. 30 ofthe rules regulating the transport and impprtation of explosives should be extended to

Sub-In,p'cto" of Polic, within th, a"., OVf which thei, authority ,xtend,.No. 6575, dated the

/

, 16th December 1911.

From-F. P. Jehangir, Esq., Distric Magistrate, Kolaba;To-The Commissioner, S. D. I

With reference to your endorsement N(~. 4203 of the 18th ultimo, I have the honourrto state that it would be convenient and wOI~ldhardly result in any abuse if Sub-Inspectorsof Police were included in the list of officers] who may exercise the power of inspectionunder Nos. 20 and 32 (1) of the rules und

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.' ,r the Explosives Act, subject to the provisionsof the A'rms Act. The inspection contempl ted is no doubt in part technical, but S\lO-

'Inspectors would be useful mostly in the",

,

'revention and discovery of illicit possession of,explosives for criminal purposes. They cau;act more promptly and would be in closer,touch with criminals than comparatively

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;.distant officers like Inspectors and others of

.higher rank. "

GPnl "? ,1-? "

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2. As regards the provisions of the Arms Act which bear on this point, reference is.requested to Mr. Kabraji's letter No. 4551 of the 17th September last, on which no ordershave yet been received. The grant to Sub-Inspectors of the proposed power of inspectionunder the Explosives Ad would by another reason for the withdrawal of the present orderrequiring the District Magistrate's sanction to searches for the discovery of unlicensedarms.

@No. 6032, dated the 16th"-~9th December 191 I.

From-H. B. Clayton, Esq., LC.S., District Magistrate, Ratnagiri;To-The Commissioner, S. D.

With reference to your No. 4203, dated the, 18th ultimo, I have the honour to repor~that the power of insp~ction conferred by rule 32 of the rules regulating the manufacture,possession and sale of explosives and rule 30 of the rules regulating the transport andimportation of explosives should, in my opinion, be extended to Sub-Inspectors in charaeof talukas. The inspection by the Police Inspectors, who have the power in question, isnot efficient as their circle usually comprises four or more talukas.

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