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10. Punishment and Confiscation

10. Punishment and Confiscation:

(1) Whoever carries out an act of production, storage, use, sale, transportation or import of the Explosives
either without obtaining a License pursuant to Section 4 or violating the provisions of Section 5, shall be punished as follows:
(a) an imprisonment for a period of up to two years or a fine of up to Twenty Thousand Rupees or both
in case of nitroglycerin, dynamite, blasting powder or mercury or fluent net of other metals;

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1 Amended by the First Amendment.
 Amended by the Second Amendment.

(b) an imprisonment for a period of up to one year or a fine of up to Ten Thousand Rupees or both in case
of explosives other than those referred to in Clause
(a) and firecrackers and firebrands;
(c) a fine of up to One Thousand Rupees in case of firecrackers or firebrands.
Provided that no separate punishments for  storage and transportation shall be imposed of the punishment for production, import or use and import, use or sale of the same Explosives shall be imposed respectively.
(2) In case any person violates the conditions of the License obtained pursuant to Section 4 or the Rules framed under this Act, a fine of up to Five Thousand Rupees, Two Thousand and Five Hundred Rupees and Five Hundred Rupees shall be imposed in cases of the matters as referred to in clauses (a), (b) and (c) of the Sub-section (1)
respectively.
Explanation: In cases of expiration of the period of the License and commission of any act not authorized by the License, it shall be deemed that the License was not obtained and proceedings and punishments shall be made accordingly.
(3) The Explosives related to the offences pursuant to Sections 4 and 5 shall be confiscated by Government of Nepal.

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