Gunpowder and Explosives Act

Link to law: http://www.moj.gov.jm/laws/gunpowder-and-explosives-act
Published: 1925-01-13

GUNPOWDER A N D EXPLOSIVES

THE GUNPOWDER AND EXPLOSIVES ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.

VESSELS ARRWING WITH GUNPOWDER

3. Penalty on master of ship lauding gunpowder or dangerous
explosives without a licence.

LICENCES TO DEAL IN GUNPOWDW

4. Penalty for dealing, etc.. in gunpowder without a licence.
5. Jurisdiction of Resident Magistrate to grant licence.
6. Mode of application for licence.
7. Duty of Clerk of the Courts.
8. Licence and fees therefor.
9. Duties of Clerk after grant of licenw.

10. Resident Magistrate to grant licence for possession of gunpowder

11. Period for which licence in force.
in excess of twenty-five pounds.

STORAGE AND PACKING OF GUNPOWDER

12. Places where gunpowder may be kept.

PACKING GUNPOWDER POR CI3NVEYANCE

13. Rules regulating the packing of gunpowder for conveyance.

DANGEROUS EXPLOSIVES

14. Unlawful for any person to have in his possession any dangerous
explosives without a licence.

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2 GUNPOWDER A N D EXPLDSIVES

15. What shall be stated in licence in respect to a dangerous explosive.
16. Any licence liable to be revoked by order of the Minister.
17. Unlawful for any person unless licensed to have in his possession

or to import a n y dangerous explosive.
18. Power of Justices to issue search warrant, etc.

EVASIONS OF THIS ACT

19. Penalty for unlawful use of licence.

EXEMPTIONS

20. Exemption of Naval. Military or Air Service and Government
of Jamaica from Act.

POWER TO FRAME RULES

21. Rules and forms.

MISCELLANEOUS

22. Requirements on sales by retail.
Penalty for failure to comply with this section.

PENALTIFS

23. Penalty for offence where no penalty provided
24. Recovery of penalties.

SCHEDULES

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GUNPOWDER A N D EXPLOSIVES 3

THE. G C a p 142,
A&

1 of 1967.
12af l985

JNPOWDER AND EXPLOSIVES -CT

113th January, 1925.1 srh.

1. This Act may be cited as the Gunpowder and shodtitb.
Explosives Act.

2.41) In this Act-- 1nterprCto-
tion.

First
Schedula

“gunpowirr” means any of the substances specified from

"dangerous mplocive” Tiienns any of the substances speci-
fied froin t i r e to time in Part 11 of the First Schedule.

time to time in Part I of the First Schedule;

(2) The Minister may, for the purposes of this Act, 1/1967
s. 53 from time to time by order published in the Gazette vary 3rd w.

or amend Part I or Part IJ of the First Schedule.

Verseis A r r i v i ~ g With Crtinpnwder

3. If the maskr of any ship, drogher, or other vessel Penaltyon
arriving in m y of the ports of this Island, having gun- ~ i p ~ n ~ a g
powder or any dangerous explosive on board, shall, under rg:&

such gunpowder or dangerous explosive without a licence liocn~r
for that purpose first obtained under the hand of an officer
of Custonis at the port of entry, which licence such officer
is hereby auihorized to grant, he shall be liable to a penalty
of two hundred dollars; and the said officer of Customs is
hereby required~ to direct the gunpowder or dangerous
explosive, when so landed, to be lodged in the fort or
magazine nearest to such port where such ship, drogher, or
vessel shall arrive, or in some proper place of security,
which has been approved by the Minister :

master of

any pretence whatever. land, or permit to be landed, any exploslrzr .
mthout a

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4 GUNPOWDER AND EXPLOSIVES

12/1985
sah.

Penalty for
dealing, af,
in gun-
powda
without a
licenm.

Jurisdiction
of Resident
M&a:atrats
to grant
licence.

Mode of
appliUJtitnl
for liccosc.

Provided that the Chief Oficer of Customs at a port of
entry. may allow. under proper regulations to be approved
by the Commissioner of Customs and Excise, the landing
of small quantities of fireworks, lucifer matches and other
combustible or explosive materials, a t the usual place ap-
pointed for the landing of goods.

Licences ro d m l in Gunpowder

4. No person within this Island shall deal in. sell, or
barter, by himself, or any servant, or agent, under any
pretext, or by any nieans whatsoever, under a penalty not
exceeding two hundred dollars for each offence, any gun-
powder, before such person shall ha+e first obtained a
licence for that purpose, according to Form A in the Second
Schedule.

5. The Resident Magistrate exercising jurisdiction where
the application may be made, is authorized to grant
licences to deal in and to sell gunpowder, by wholesale or
retail, at a place within the parish to be named in such
licence. He may in his discretion refuse to grant such
licence.

6. All applications for such licences shall be made in
writing and lodgt-d with the Clerk of the Courts for the
parish in which the same are applied for, at least five days
previous to the day fixed for holding the Resident
Magistrate’s Court, at which such applications are to be
made; every person applying for a licence shall pay to the
Collector of Taxes th: amount by this Act fixed to be paid
for duty in respect of such licence, and every application
for a licence shall he accompanied by the receipt of the
Collxtor of Taxes for the amount of duty paid to him, and
no appIication shall k entcrtahed which shall not be
accompanied by such receipt.

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GUNPOWDER A?VD EXPLOSIVES 5

7. The Clerk of the Courts shall not, under a penalty Dutyof
of sixty dollars, deliver any licence under th is Act to courts.
any person, until his application shall have been granted
by the Resident Magistrate, nor until such person shall
have become bound to Her Majesty, her heirs and suc-
cessors, in a bond according to Form B in the Second h o d
Schedule, with one sufficient surety, to be approved of by ~~m B.
the Resident Magistrate, in the sum of two hundred dollars.

out and signed by the Clerk of the Courts, and in addition for.
to the sum of two dollars payable to the Collector of Taxes
of the parish in respect of such licence, there shall be paid
to the Clerk of the Courts, on his making out such licence,
the stamp duty thereon.

9. It shall be the duty of the Clerk of the Courts to
transmit to the Commissioner of Customs and Excise, within grantof
ten days after the Resident Magistrate shall have granted 12/1985
a licence under this Act, a Eturn showing the licence sEh.
granted, together with the name of the person to whom
the same has been granted, and the place of business in res-
pect of which such licence has been granted. He shall also
within the like period transmit another copy of the said re-
turn to the M i s t e r for publication in the Gazette. The said
Clerk shall also keep a book in which he shall enter all
bonds and licences under this Act, and shall cause a list of
all licences to be hung up in his office. ff he shall fail to
perform any of the duties imposed upon him by this sec-
tion he shall be liable to a penalty not exceeding forty
dollars.

10. In addition to the licences to deal in gunpowder it Resident
shall be lawful €or the Resident Magistrate in his discre- togrant
tion, to grant to any person applying for the same. a licence
to have in his possession. and not for sale. at a place or Erwin
places to be named in such licencel and within the parish excearof

twaty-fim
pouoda.

Clerk of thc

Schedule.

8. Every licence granted under this Part, shall be made g ~ r f l

licurce

ME&trnts

licence for

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6 GUNPOWDER AND EXPLOSIVES

in which the same i s granted, a quantity of gunpowder in
excess of twenty-five pounds; such application shall be made
in the same manner, and subject to the same conditions,
and shall, if granted, be on the same terms, as a licence to
deal in and dispose of gunpowder, save and except that
such licence shall not be liable to stamp duty:

Provided that such licence shall name the place or places
within the parish where such gunpowder is to be stored,
and shall fix a limit to the quantity to be kept and stored
at any one place.

Periodfor

liDenain
force.

11. Every licence granted under this Part shall continue
in force from the period of granting the same until the fifth
day of April next succeeding:

Provided, that if the same shall be granted after the fifth
day of October in any year, half the duty shall be payable
in respect thereof.

which

Storage and Puckkg of Gunpon-der
Placg
where gun-
powdermay as follows, that is to say-
bkm.

12. Gunpowder shall not be kept at any place except

(1) at a fort, magazine, or other proper place of
security, approved by the Minister under the
provisions of this Act;

(2 ) in the premises of a person duly licensed under
this Act to deal in and dispose of gunpowder,
and then only to the extent of fifty pounds of gun-
powder or at the place or places named in any
licence granted to any person to have gunpowder
in his possession and not for sale in excess of
twenty-five pounds, and in such cases only to the
extent limited by the said licence:
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GUh'POWDER AND EXPLOSIVES 7

Provided that this section shall not apply-
(a) to a person keeping for his private use and not

for sale gunpowder to an amount not exceeding,
on the same premises, twenty-live pounds; or

(b) to the keeping of any gunpowder by a carrier or
other person for the purpose of conveyance, when
the same is being conveyed or kept in accordance
with the provisions of this Act with respect to
the conveyance of gunpowder.

Any gunpowder kept otherwise than as above in this
section mentioned, shall be deemed to be kept and deposited
in an improper place, or in a quantity contrary to the
meaning of this Act.

Packing Gunpowder for Conveyance

13. The following general rules shall be observed with Rulesregu-
lating the
packing of
gunpowder

(1) the gunpowder, if not exceeding five pounds in ~ c ~ ~ y .

respect to the packing of gunpowder for cimveyance-

weight, shall be contained in a substantial case,
bag, canister, or other receptacle, made and closed
so as to prevent the gunpowder from escaping;
and

(2) the gunpowder, if exceeding five pounds in weight,
shall be contained, either in a single package, or
a double package. A single package shall be a
box, barrel or case, of such strength, construction
and character, that it will not be broken or
accidentally opened, or become defective or in-
secure whilst being conveyed, and will not allow
the gunpowder to escape. If the gunpowder is
packed in a double package, the inner package
shall be a substantial case, bag, canister, or other
receptacle, made and closed so as to prevent the

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8 GUNPOWDER A N D EXPLOSIVES

gunpowder from escaping, and the outer package
shall be a box, barrel, or case of wood or metal or
other solid material, and shall be of such strength,
construction and character, that will not be broken
or accidentally opened, or become defective or
insecure whilst being conveyed, and will not allow
the gunpowder to escape; and

(3) every package, whether single or double, when
actually used for the package of gunpowder, shall
not be used for any other purpose; and

(4) there shall not be any iron or steel in the construc-
tion of any such single package, or inner or outer
package, unless the same is effectually covered
with tin, zinc, or other material; and

(5 ) the amount of gunpowder in any single package,
or if there is a double package, in any one outer
package, shall not exceed one hundred pounds;
and

46) on the outermost package there shall be affixed
the word “gunpowder” in conspicuous characters
by means of a brand or securely attached label, or
other mark.

In the event of any breach (by any act or default) of any
general rule in this section, the gunpowder in respect of
which the breach is committed may be forfeited, and the
person guilty of such breach shall be liable to a penalty not
exceeding forty dollars.

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GUNPOWDER A N D EXPLOSIVES 9

Dungerous Explosives

14. It shall not be lawful for any person to have in his Unlawful
possession any dangerous explosive, without a licence under for pe son a y to
the hand of the Minister, or, in the case of the parish of
Kingston of the Mayor of the Kingston and St. Andrew anydanger-
Corporation, or of the Custos of any other parish in which explosives
the same is kept.
out fee or reward, and shall not be subject to any duty.

ous

without a Such licence when granted shall be with- licence.

15. Any such licence as last aforesaid shall name the Whatshall
place or places where such dangerous explosive shall be licencein
kept, and shall limit the quantity to be kept or stored lice us
in any one of such places at any one time, and shall provide explosive.
that such place or places shall at all times be kept securely
locked, except at such times as may be necessary for dealing
with the dangerous explosive, and shall name the person
or persons to be entrusted with the keys of such place or
places, and with the superintendence of the use from time
to time of such dangerous explosive.

he stated in

16. Any such licence as last aforesaid shall be liable to Anylicence

Minister, and such cancellation and revocation shall be $f;L;t,the
published in the Gazeire and shall take effect from such
publication.

be at any time cancelled and revoked by order of the liable mvokedby to e

17. It shall not be lawful for any person, other than Unlawful

to

for any

unlcss
a person licensed under this Part, to have dangerous pTEoO
explosives in his possession, or to import any dangerous
explosive; and any such dangerous explosive consigned to
any person, other than some one licensed as aforesaid, shall or to import
be deemed to be prohibited goods within the meaning of the ous
Customs Act. The Collector, or other officer of Customs at erplosive.
the port of importation, shall not allow any such explosive
consigned to any such person as aforesaid, to be landed,

any danger-

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10 GUNPOWDER A N D EXPLOSIVES.

or removed from the ship importing the same, unless proper
arrangements are made, to his satisfaction, for the convey-
ance of such dangerous explosive to a place named in the
licence of the person importing the same as a place where
the same is allowed to be kept:

Provided always that the person importing any danger-
ous explosive may lodge the same in such fort or magazine,
or other place of security as may be approved of by the
Minister as a place for the reception of the same, and on
such terms as may from time to time be approved by the
Minister.

Power ot 18. When any Justice shall receive information on oath
issue search that any gunpowder, OT dangerous explosive is deposited,
etc. warrant, or suspected to be deposited, in any ship, vessel, house,

store, OT place, or is in the possession of any person con-
trary to the provisions of this Act, he shall forthwith issue
his warrant to cause search to be made in the suspected
ship, vessel, house, store or other place, or to cause such
person as aforesaid to be arrested and searched, as the case
may be, and if any gunpowder or dangerous explosive shall
be found in such ship, vessel, house, store or place, or on
such person contrary to the provisions of this Act, and
whether such warrant has been granted or not, such gun-
powder, firearm, or dangerous explosive shall be forfeited,
and the master of the ship, or vessel, or the occupier of any
house, premises, or place, in which such gunpowder, fire-
arm or dangerous explosive shall be found, and any person
found in possession of, or using any such gunpowder, fire-
arm, or dangerous explosive, contrary to the provisions of
this Act, shall on conviction thereof in a summary manner,
forfeit and pay a sum not exceeding two hundred dollars,
or he may, in the discretion of the court, be imprisoned
for a term not exceeding twelve calendar months, with or
without hard labour.

lusticcs to

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GUNPOWDER A N D EXPLOSIVES 11

Evasions of this Act

19. Any person allowing any licence issued to him under Pendtyfor unlawful
l icena.

this Act to be used by any other person, in contravention “woof
of this Act, shall be liable to a penalty not exceeding twenty
dollars, or less than four dollars; and any person using such
licence as aforesaid, shall be liable to a like penalty.

Exemptions

20. Nothing in this Act shall be deemed to apply to Exemption
any person employed in the Military or Naval, or Air imi taryor
Service of Her Majesty, or in the Government of Jamaica, $iSeMce
having in his possession, or using in the Service of Her said
Majesty, any gunpowder, or dangerous explosive; and it from Act.
shall be lawful for the Minister, if he shall think fit, notwith-
standing anything herein contained, to entrust any person
with gunpowder or dangerous explosives for public or other
purposes.

of Naval.

Power to Frame Rules

the House of Representatives prescribe, and from time to
time alter or amend, all forms, including those in the
Second Schedule, which shall be required for the purposes Second
of this Act, and may also frame all necessary rules, and
from time to time rescind, alter, or amend the same, for
more fully and effectually carrying out the provisions there-
of.

21. The Minister may, with the advice and consent of Rulesand
forms.

Schedule.

Miscellaneous

22.-(1) No gunpowder shall be sold by retail to any Require-
person, unless at the time of sale such person produces d salesby
licence then in force, or gives reasonable proof that he is a Ietd.
person entitled to keep, carry, or use a firearm without

ments on

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12 GUNPOWDER AND EXPLOSIVES

licence, and the Minister may make regulations for the
purposes of this section.

(2) Every person who sells by retail any gunpowder
shall, before delivery, make or cause to be made, an entry
in a book to be kept for that purpose specifying the nature
and quantity of the gunpowder sold, the date of such sale,
the name and address of the purchaser, the office from
which the licence produced by the purchaser was issued,
the number and date of such licence, or the circumstances
exempting such purchaser from having such licence. Such
book shall be produced for inspection on the request of any
officer of the Jamaica Constabulary Force.

Penaltyfor
failure to

With this
seclion.

Comply

Penalty for
offence
where no
penalty
provided.

(3) Any person who contravenes or fails to comply
with any of the foregoing provisions of this section, or of
any regulations made under this section by the Minister,
or on the sale or purchase of any gunpowder knowingly
makes, or causes to be made any false entry or statements
as to any matter concerning which he is required by this
section to make any entry or statement, shall be guilty of
an offence against this Act, and shall be liable on summary
conviction to a fine not exceeding one hundred dollars, and
in default of payment to imprisonment with or without
hard labour for a term not exceeding three months, and on
a further conviction for a second or subsequent offence he
shall be liable in the discretion of the Court to be imprisoned
for a term not exceeding six months with or without hard
labour in lieu of the fine to which he is liable.

Penalties

23. If any person shall be guilty of an offence against
any of the provisions of this Act, or against any rule
framed under its authority, for which no penalty is
provided, he shall be liable to a penalty not exceeding
forty dollars, and in default of payment to be imprisoned

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GUNPOWDER A N D EXPLOSIVES 13

with or without hard labour, for a term not exceeding six
months.

24. All penalties under this Act, the recovery whereof Rezoveryof
penalties. is not otherwise provided for, may be recovered in a sum-

mary manner in the parish in which the offence is com-
mitted; and in any case where any penalty is imposed the
Court may award such portion to the informer, not exceed-
ing one-half, as in its discretion it may think proper.

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14 GUh'POWDER AND EXPLOSIVES

Section 2 FIRST SCHEDULE

PART I
Powder commonly known as gunpowder or blasting powder
Percussion caps
Cartridges adapted for use in connection with guns, rifles, revolvers,

pistols.

PART I1
Dynamite, Nitro-glycerine or other substances not included in Part I.
Petroleum giving off an inflammable vapour at a temperature lower

than ninety-five degrees Fahrenheit, and imported into the Island
otherwise than in accordance with the Petroleum and Oil Fuel
(Landing and Storage) Act.

SECOND SCHEDULE
(A.-FoRM OF LICENCE TO DEAL M GUNPOWDER) Sedion 4

At a Resident Magistrate's Court, held at , in
the parish of . on the day of
19

having been approved by C.D.. Resident Magistrate, as a dealei
in gunpowder in such parish, and having duly entered into bond
and paid the tax required by law: These are to license the said

to deal in and dispose of gunpowder,
according to the provisions of the Gunpowder and Explosives Act.
from the day of one thousand
nine hundred and

, A B . , of the said parish residing at

Dated this day of 19 .
Clerk of the Courts.

Section 7 (B.-FoRM OF BOND TO BE ENTERED INTO BY A DEALER IN
GUNPOWDER UNDER THIS ACT)

KNOW ALL MEN BY THESE PRfsEms, that we of
dealer in gunpowder, and the parish of

of the parish of
are jointly and severally held and firmly bound unto Our Sovereiqn
Lady the Queen her heirs and successors, in the s u m of two hundred
dollars, lawful money of Jamaica to be paid to our Sovereign Lady the
Queen her heirs and successors, to which payment, well and truly to

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GUNPOWDER A N D EXPLOSlVES 15

be made and done, we bind ourselves, and each of us, and the heirs,
executors and administrators of us, and each of us, jointly and severally,
firmly by these presents.

Sealed with our seals, and dated the day of
one thousand nine hundred and

Whereas at a Resident Magistrate’s Court, held at

in the parish of
day of one thousand nine hundred and last,

the above bounden vas approved of as a dealer

aforesaid on the

in gunpowder from the day of 19
until the day of next ensuing and
the above bonnden

the surety of the said
was also approved of as

Kow the condition of the above bond is such, that if the above
named his executors or administrators do and
shall in all things conform to all and every the provisions, clauses,
articles, matters and things mentioned and contained in the Gun-
powder and Explosives Act. then the above obligation shall be void
and of none effect.

(Seal)

(Sal)

Sealed and delivered in the presence of

~~ . - ~. ~ ~. ~
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