Section 9A of The Explosives Act, 1884 — Inquiry into more serious accidents
Bare section text
Official Legislative Text
1[9A. Inquiry into more serious accidents.--(1) The Central Government may, where it is of opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry or more formal character should be held into the causes of an accident such as is referred to in section 8, appoint the 1[Chief Controller of Explosives] or any other competent person to hold such inquiry, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
- (2)Where the Central Government orders an inquiry under this section, it may also direct that any inquiry under section 9 pending at the time shall be discontinued.
- (3)The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1890).
- (4)Any person holding an inquiry under this section may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry.
- (5)The person holding an inquiry under this section shall make a report to the Central Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make; and the Central Government shall cause every report so made to be published at such time and in such manner as it may think fit.
- (6)The Central Government may make rules for regulating the procedure at inquiries under this section.]
Educational Study Layer
Summary
- The Central Government can order a more formal inquiry into serious accidents, even if a standard inquiry is already happening or finished.
- The government can appoint the Chief Controller of Explosives or another competent person to lead this formal inquiry.
- People with legal or special knowledge can be appointed to help the main investigator as assessors.
- If a formal inquiry is ordered, the Central Government can stop any standard inquiry that a local Magistrate is currently running.
- The person leading this formal inquiry has the powers of a Civil Court to force witnesses to attend and to demand documents.
- A final report containing observations from the leader and assessors goes to the Central Government, which must publish it.
Practical examples
FAQ
1. Can the Central Government start a serious inquiry before the local Magistrate finishes theirs?
Yes, they can start a more formal inquiry whether or not they have received the local Magistrate's report.
2. What happens to the local investigation if a formal inquiry is announced?
The Central Government can direct that any pending local inquiry under Section 9 be discontinued.
3. Are the results of this formal inquiry kept secret?
No, the Central Government must publish the report at a time and in a manner they think fit.
Practice Quiz
Q1.Under Section 9A of The Explosives Act, 1884, who can the Central Government appoint to act as assessors in a formal inquiry?
Q2.Under Section 9A of The Explosives Act, 1884, how does a formal inquiry impact an ongoing standard inquiry under Section 9?
Q3.Under Section 9A of The Explosives Act, 1884, what specific powers does the person appointed to hold the more formal inquiry have regarding witnesses?
Q4.Under Section 9A of The Explosives Act, 1884, what must the Central Government do with the final report of the formal inquiry?