The Inflammable Substances Act, 1952

AMENDING ACT

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AMENDING ACT The Repealing and Amending Act, 1957 (36 of 1957). ______ LIST OF ABBREVIATIONS USED Cl.,cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from.

THE INFLAMMABLE SUBSTANCES ACT, 1952

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THE INFLAMMABLE SUBSTANCES ACT, 1952 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Declaration of certain substances to be dangerously inflammable. Power to apply Petroleum Act to dangerously inflammable substances. Operation of certain notifications and rules. Validation of certain acts and indemnity in respect thereof.

ACT No. 20 OF 1952

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Section 1 — Short title.—This Act may be called the Inflammable Substances Act, 1952. 2. Definitions

Section 3 — Declaration of certain substances to be dangerously inflammable

Section 4 — Power to apply Petroleum Act to dangerously inflammable substances

Section 5 — Operation of certain notifications and rules

THE INFLAMMABLE SUBSTANCES ACT, 1952 1 ACT No. 20 OF 1952 [6th March, 1952.] An Act to declare certain substances to be dangerously inflammable and to provide for the regulation of their import, transport, storage and production by applying thereto the Petroleum Act, 1934, and the rules thereunder, and for certain matters connected with such regulation. BE it enacted by Parliament as follows:— 1. Short title.—This Act may be called the Inflammable Substances Act, 1952. Definitions.—In this Act,— (a) “dangerously inflammable substance” means any liquid or other substance declared to be dangerously inflammable by this Act; (b) “Petroleum Act” means the Petroleum Act, 1934 (30 of 1934). Declaration of certain substances to be dangerously inflammable.—The liquids and other substances hereinafter mentioned, namely:— (1) acetone, (2) calcium phosphide, (3) carbide of calcium, (4) cinematograph films having a nitro-cellulose base, (5) ethyl alcohol, (6) methyl alcohol, (7) wood naphtha, are hereby declared to be dangerously inflammable.

6. Validation of certain acts and indemnity in respect thereof.—All acts of executive authority,

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Section 6 — Validation of certain acts and indemnity in respect thereof

Section 7 — [Repeal of section 30, Act 30 of 1934

Validation of certain acts and indemnity in respect thereof.—All acts of executive authority, proceedings and sentences which have been done, taken or passed with respect to, or on account of, any inflammable substance since the 1st day of April, 1937, and before the commencement of this Act by any officer of Government or by any person acting under his authority or otherwise in pursuance of an order of the Government in the belief or purported belief that the acts, proceedings or sentences were being done, taken or passed under the Petroleum Act shall be as valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other legal proceeding shall be maintained or continued against any person whatever on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law. 7. [Repeal of section 30, Act 30 of 1934.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s.

STATEMENT OF OBJECTS AND REASONS

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STATEMENT OF OBJECTS AND REASONS “By virtue of sub-section (1) of section 30 of the Petroleum Act, 1934, the Central government may apply, by notification, any or all of the provisions of that Act to any dangerously inflammable substance other than an explosive and thus regulate the transport, storage, production, etc., of that substance. All the provisions of the Petroleum Act have been made applicable in this manner to acetone, wood naphtha, ethyl alcohol and methyl alcohol and certain provisions to carbide of calcium calcium-phosphide and cinematograph films having a nitro-cellulose base. It would, however, appear that, after the coming into force of the Government of India Act, 1935. On the 1st April, 1937 sub-section (1) of section 30 of the Petroleum Act could not be regarded as a valid provision. Unless a substance was expressly declared by "Federal Law" i.e., an Act of the Indian Legislature, to be dangerously inflammable with reference to Entry 32 of the Federal Legislative List, the legislative and executive power in regard to the possession, storage and transport of that substance remained by virtue of Entry 29 of the Provincial Legislative List with the Provinces and the Centre could not exercise control over these matters simply by the issue of a notification under a pre-existing law. The position remains the same under the new Constitution, the corresponding entries being Entry 53 of the Union List and Entry 27 of the State List.