THE ARMS RULES, 1962

 

CONTENTS

 

1.        Short title.                                         

 

2.        Interpretation.                                          

 

3.        Classification of arms or ammunition.

 

4.        Licensing authority and forms of licences.

 

5.        Appellate authority.

 

6.        Reasons to be communicated to the appellate authority in certain cases.       

 

7.        Direction and control over licensing authorities.

 

8.        Restriction in granting licences for acquisition, possession or carrying of arms or ammunition of category 1.      

 

9.        Copies of licences of categories I and II to be sent to certain authorities.      

 

10.      Possession of arms or ammunition for certain purposes to include use thereof.

 

11.      Restrictions may be imposed by Central Government.

 

12.      [Omitted].

 

13.      Of retainers

 

14.      Licences for protection of crops and cattle,

 

15.      Licence for target practice. 

 

16.      Age-Limit for training and target practice.         

 

17.      Traveller’s (temporary) licence.

 

18.      Application of Section 4 of the Act.                     

 

19.      Arms other than firearms.

 

20.      Manufacture, conversion, shortening, repair, test, sale etc. ‘of arms or ammunition.

 

21.      Conversion, repair, test sale, etc.

 

22.      Proof-testing of firearms.

 

23.      Licensing authorities to furnish information to the District Magistrate.

 

24.      Sale or keeping for sale certain arms and ammunition.

 

25.      Identification marks on firearms.

 

26.      Records of transactions in arms and ammunition.

 

27.      Inspection of premises, stock and record.

 

28.      Restrictions upon import or export for re-import of arms or ammunition.

 

29.      Import by sea or air.

 

30.      Vessels entering the territorial waters of India.

 

31.      Import by land or river of arms and ammunition.

 

32.      Bringing of arms or ammunition into India by bona fide tourists.

 

33.      Of exports.

 

34.      Export by land or river of arms and ammunition.

 

35.      Export and re-import of arms and ammunition by sea of air.

 

36.      Arms or ammunition to be delivered to Customs Collector in certain cases.

 

37.      Prohibition of transport of arms and ammunition.

 

38.      Transport of arms or ammunition.

 

39.      Licence for import, transport and re-export of arms and ammunition.

 

40.      Scrutiny by authorities of consignments containing arms and ammunition.

 

41.      Production and delivery of licence for import/export/transport.

 

42.      Import, transport and export of arms and ammunition for the Government of Nepal or the King of Nepal.

 

43.      Transport of arms from any place in Nepal to any other place in Nepal through Indian Territory.

 

44.      Transit licences for bona fide travellers.

 

45.      Licence to keep in custody arms and ammunition.        

 

46.      Deposit of arms and ammunition under Section 21.       

 

47.      Deposit of arms and ammunition for safe custody (otherwise than under Section 21).         

 

48.      Records and returns of the articles deposited.     

 

49.      Inspection.    

 

50.      Previous consent in certain cases. 

 

51.      Application for licence.       

 

52.      From of licences.     

 

53.      Variation of conditions of licences.

 

54.      Renewal of licence.                              

 

55.      Appeal against the order of Licensing authorities or an authority suspending or revoking the Licence under section 17 (6).

 

56.      Procedure to be followed by the appellate authority.

 

57.      Fee payable for licences.

 

58.      Fees payable for copies and duplicates.

 

59.      Fee payable on a petition for appeal made under Section 18 (l).

 

60.      Collection of fees.

 

61.      Dealers to maintain registers, etc., in certain cases.

 

62.      Production of licences.

 

63.      Production of arms.

 

64.      Savings.

 

Schedule I

 

Schedule II

 

Schedule III

 

 

THE ARMS RULES, 1962

 

1.        Short title. –

 

(1)       These rules may be called the Arms Rules, 1962.

 

(2)       They shall come into force on the 1st October 1962,

 

2.        Interpretation. -In these rules, unless the context otherwise requires, -

 

(a)       “Act” means the Arms Act, 1959 (54 of 1959);

 

(b)       “Appellate authority” means the appellate authority referred to in rule 5;

 

(c)       “Authority” or “officer” means, except where otherwise specifically provided in these rules, the District Magistrate or such other officer as may, from time to time, be notified in the official Gazette by the Central Government;

 

(d)       “Company” has the same meaning as that assigned to it in the explanation under Section 33;

 

(e)       “Dealer” means a person who, by way of trade or business, manufactures, converts, repairs, proves, tests, sells, exports, imports or transfers or keeps for sale, repair or test arms or ammunition;

 

(f)       “District Magistrate” includes-

                     

1[(i)* * *]

 

(ii)       In relation to any district or part thereof, an Additional District Magistrate or any other officer specially empowered in this behalf by the Government of the State concerned;

 

(iii)      In relation to a Union Territory, any officer specially empowered by the Central Government in this behalf;

 

(iv)      In relation to the tribal areas of Assam, specified in Part B of the Table appended to para 20 of the Sixth Schedule to the Constitution, a Political Officer; and

 

(v)       In relation to the suburbs of Calcutta, as defined by notification issued from time to time by the Government of West Bengal in their Official Gazette under the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), the Commissioner of Police, Calcutta and a Deputy Commissioner of Police, Calcutta, nominated by the State Government in this behalf,

 

(k)       “Form” means a form as set out in Schedule III;

 

(h)       “Port” includes an airport;

 

(i)        “Schedule” means a schedule appended to these rules;

 

(j)        “Section” means a section of the Act;

 

(k)       “Sub-Divisional Magistrate” includes Additional Sub-Divisional Magistrate, Sub-Divisional Officer and Additional Sub-Divisional Officer.

1.        Omitted by G.S.R. No. 947 dated 24-1-1973.

 

3.        Classification of arms or ammunition. - For the purposes of the Act and these rules, “arms” or “ammunition” shall be of the categories specified in columns 2 and 3 respectively of Schedule I and reference to any category of arms or ammunition in these rules shall be construed accordingly.

 

4.        Licensing authority and forms of licences. - Licences under Chapter II of the Act may be granted or renewed for such purposes, by such authorities, in such forms and to be valid for such period and in such areas as are specified in Schedule II, subject to such conditions as are specified in that Schedule and in the licence:

 

Provided that the licences granted or received by a licensing authority may be signed by such officer subordinate to that authority as may be specially, empowered in this behalf by the State Government.

 

5.        Appellate authority. -

 

(1)       For the purposes of the Act and these rules the appellate authority to whom an appeal shall lie from an order of the licensing or other authority specified in column (1) of the Table below, shall be that specified in the corresponding entry in column (2) thereof:

          

                                          

TABLE

 Authority

Appellate authority

(1)

(2)

(a)

 

 

Tahsildar; or Ist or 2nd Class Magistrate, or Sub-Divisional Magistrate.

      District Magistrate

(b)

Additional District Magistrate,

   District Magistrate

(i)

 

 

Commissioner, of the Divisions. Union Territory, the Administrator       

thereof, or

 

(ii)       In the States of Madras, Andhra Pradesh and Kerala, the Borad of Revenue, or

 

(iii)     in the States of Jammu and Kashmir, 1[***], West Bengal, Gujarat and any other State, not being a State mentioned in entry (ii) above, in which there is no post of Commissioner of a Division, the State Government

 

(c)

Commissioner of Police

 Commissioner of the Division or in an Union Territory, the Administrator thereof.

(d)

Commissioner of a Division              

State Government

(e)

          

Head of Indian Mission, or   Political

 

Central Government Officer

(f)

Other specially empowered officer

Authority that empowered

 

(2)       For the purpose of sub-section (6) of Section 17 of the Act, the licensing authority shall be deemed to be subordinate to the appellate authority in cases. -

1.        Omitted by G.S.R. No. 681 (E), dated 11-11-1991

 

6.        Reasons to be communicated to the appellate authority in certain Cases: - Where a licensing authority is of opinion that it will not be in the public interest to furnish reasons for the refusal, renewal, variation of conditions, revocation or suspension, of a licence, to the applicant, the recorded reasons therefor and the facts of the case shall be communicated by him to the appellate authority.

 

(2)       A copy of every such licence shall be forthwith sent to the District Magistrate having jurisdiction over the place of destination of the licensee; such authority shall satisfy himself, when necessary, that the licensee has complied with condition 7 entered on the form of the licence.

 

7.        Direction and control over licensing authorities. -All licensing authorities shall work under the direction and control of their respective appellate authorities,

 

8.        Restriction in granting licences for acquisition, possession or carrying of arms or ammunition of category I. -

 

(a)      No licence shall be granted for acquisition, possession or carrying of arms of ammunition of categories (b), I (c) and I (d) unless they have been lawfully imported into India or are being imported into India with the sanction of the Central Government.

 

(b)       A licence for acquisition, possession or carrying of ammunition of categories I(b) and I(c) shall be granted only if the licensing authority is satisfied that the ammunition is to be used with rifles or muskets which are law fully possessed for sporting purposes or with pistols or revolvers which have been lawfully imported into India; and the amount of ammunition which the licensee may possess during each period of 12 months immediately succeeding the date of grant of licence shall be entered in the licence.

 

9.        Copies of licences of categories I and II to be sent to certain authorities: -A copy of every licence granted for arms or ammunition of categories l (a), l (b), l (c), l (d) and II shall forthwith be sent-

 

(a)       To the District Magistrate of the place in which the arms or ammunition are to be kept, or

 

(b)      To the State Government, if such place in the State of Jammu and Kashmir.

 

10.      Possession of arms or ammunition for certain purposes to include use thereof. -

 

(1)       Possession of the following arms or ammunition for the purposes mentioned against each include use thereof, for such purposes only provided that such use does not involve manufacture of any arms or ammunition (including explosives and fireworks):

 

(a)       Arms, for theatrical performance, cinematograph production or signaling for starting races or athletic meets;

 

(b)       Ingredients of ammunition, for bona fide industrial, agricultural or medicinal purposes.

 

11.      Restrictions may be imposed by Central Government. -

 

(1)       Any licence having effect outside the State in which it is granted, shall be subject to any restrictions, which may be imposed by a general or special order of the Central Government.

 

(2)       Save where he is specially authorised in this behalf by the District Magistrate concerned, the licence shall not carry any firms covered by the licence within the campus or precints of any educational institution.

 

12.      1[* * *].

 

1.        Omitted by G.S.R. No. 1418,dated 15.9.1965

 

13.      Of retainers: -

 

(1)       When the owner of any arms of ammunition licensed inform III applies for permitting his agent, relative or employee to possess or carry any of the arms or ammunition covered by the licence for sport, protection or display, on his behalf, whether in attendance on him or not, and in circumstances different from those mentioned in the proviso to Section3, such agent, relative or employee may, if the licensing authority considers it fit, be shown as a retainer by entering his name and other particulars in column 6 of the owner’s licence in Form III.

 

Note. -The owner of any weapon may apply to the licensing authority to omit the name of the retainer and in all such cases; the licensing authority shall omit the name of the retainer.  When a retainer ceases to be in the service of the owner he shall not be entitled to possess or carry any of the arms or ammunition allowed until then, nor shall any person who subsequently comes in the service of the owner be so entitled until and unless his name and particulars are entered in like manner in the licence.

 

(2)       A licence in Form III granted to a company for the protection of its premises or property shall be in the name of a member, agent or other representative of the company, who shall be responsible for the custody of the weapon. The name of a servant or any other employee entrusted with the weapon for guarding the premises or property of the company shall be entered as a retainer in the appropriate column of the licence.  The licensing authority shall issue to the licensee a permit in Form III-B for each of such retainers shown in the licence.  The permit shall remain in the personal custody of the representative of the company and shall be made over to the retainers when they are entrusted with the weapons covered by the licence:

 

1[Provided that the licensing authority shall obtain a report from the police about the antecedents of the retainer and take into consideration such report before admitting him as a retainer.]

 

(3)       A licence in Form III-A for possession and carrying of arms or ammunition may be granted to a person nominated to be his retainer by a person exempted for licensing requirements:

 

Provided that the retainer shall have no right, independent of the person so exempted, to use the arms or ammunition covered by the licence, and the licence shall cease to be in force on the day on which the person so exempted has ceased to be an exempted, or the retainer has ceased to be in the service of the exemptee:

 

Provided further that the licensing authority shall obtain are port from the Police about the antecedents of the retainer and take into consideration such report before admitting him as a retainer.

1.        Added by G.S.R. No. 703, dated 15.7.1981

 

14.      Licences for protection of crops and cattle. -

 

 (1)      Where a licence is granted in Form V, any member of the family of the licensee or a servant employed by the licensee to watch the crops or the cattle and residing with him, may, in the discretion of the licensing authority, be allowed to carry any of the arms of ammunition covered by the licence to protect crops or cattle against wild animals in the area specified in the licence by entering his or ammunition of categories 1 (a), I name and particulars in column 2 thereof.

 

(2)       Where, after the end of any harvest season, the State Government considers it expedient that for the protection of wild life in any area, any arms of ammunition licensed in Form V should be deposited in a police station or with a licensed dealer, it may, by order, require any licensee to deposit such arms or ammunition for such period as the arms or ammunition are not required for the protection of crops or cattle and as may be specified there in, and thereupon the licensee shall be bound to comply with such order.

 

15.      Licence for target practice. -Where a licence in Form VI has been granted in the name of any military mess, club or association, it shall be lawful for any member of such mess, club or association to use the firearms or ammunition covered by such licence for the purpose of the mess, club or association in accordance with the conditions of the licence.

 

16.      Age-limit for training and target practice. - Any person below the age of sixteen years but not below the age of twelve years may be allowed to use a firearm) for the purposes of training in the use of such firearm in the immediate presence, or under the direct supervision and guidance, of an adult instructor or the licensee:

 

Provided that no person below the age of sixteen years shall be allowed to carry any firearms requiring a licence, in a public place, except in the immediate presence and supervision of the person who is lawfully entitled to carry such firearm.

 

Explanation. -For the purpose of this rule, an “adult” means a person who has completed the age of twenty-one years.

 

17.      Traveller’s (temporary) licence. –

 (1)      Subject to the provisions of Rule 8, a licence in Form VIII may be granted to any bona fide traveller proceeding from the place of his arrival in India to his place of destination in India, for the possession and carrying of arms and ammunition for the duration of the journey, by the licensing authority at the place of arrival.

 

18       Application of Section 4 of the Act.-In any area specified in the notification issued by the Central Government under Section 4, licences, acquisition, possession or carrying in that area of arms of such class or description as may be specified in that notification may also be granted or renewed as provided in Schedule II, subject to such conditions as are specified in that Schedule and in the licence.

 

19.      Arms other than firearms. - Unless the Central or State Government by notification in the official Gazette so directs, no licence shall be required for the manufacture, sale, and possession for sale or test, of arms of category V except in the areas notified under Section 4.

 

20.      Manufacture, conversion, shortening, repair, test, sale etc. of arms or ammunition: -

 

(1)       The licensing authority while granting a licence in Form IX shall show clearly in the licence form-

 

(i)        The categories and description of the arms or ammunition covered by the licence;

 

(ii)       The transactions permitted in respect of the different categories of arms or ammunition; and omit any transactions or categories of arms or ammunition, not covered by the licence.

 

(2)       A copy of every licence granted in Form IX by an authority other than the District Magistrate of the place of business, factory or shop of the licensee shall forthwith be sent to that District Magistrate.

 

21.      Conversion, repair, test, sale, etc.: -

 

(1)       Where a licence is granted in Form IX or Form XI for conversion or repair, but not manufacture, of any category of firearms or ammunition, it entities the licensee to fabricate components or parts, for the purpose of conversion or repair of such firearms or ammunition but not to manufacture such components or parts to be utilized for assembling into complete firearms or ammunition of any category which he is not allowed to manufacture.

 

(2)       (a) A licence in Form XI shall not entitle the dealer to shorten a firearm or to convert an imitation firearm into a firearm, unless he has a licence in Form IX showing specifically that he is permitted to shorten a firearm or convert and imitation firearm into a firearm.

 

(b)       Under no circumstances shall a dealer shorten the barrel of a rifle or smooth bore gun so that the resultant length becomes less than 20 inches.

 

(c)       The details of the cases in which barrels are shortened and imitation firearms are converted into firearms shall be reported every month to the District Magistrate, in such form, if any, as may be required.

 

(3)       A dealer having a licence in Form XI, Form XII or Form XIII to convert or repair or to sell firearms or ammunition shall not take the firearms or ammunition for testing to a testing range or other place, unless specifically permitted to do so by his licence, and he shall carry out tests only in such manner and subject to such conditions as are laid down therein.

 

1[(4) Where a license is granted; in Form IX or Form XI for conversion of ammunition, it shall not entitle the licensee to convert blank cartridges or any ammunition having no projectile into single/multiple projectile ammunition or to load or re-load any ammunition.]

 

1.        Ins. by G.S.R. No. 703, dated 15-7-1981.

 

22.      Proof-testing of firearm –

 

(1)       Proof-testing of firearms manufactured by a licensed dealer shall be carried out only in accordance with the regulations which may be trained by the Central Government or framed by such authorities as the Central Government may, specify in this behalf and approved by that Government.

 

(2)       No dealer shall sell a firearm which has not been duly proof tested.

 

23.      Licensing authorities to furnish information to the District Magistrate. -A copy of every licence granted in any form by any authority other than a District Magistrate shall be sent forthwith to the District Magistrate having jurisdiction over the area in which the place of business or residence of the licensee is situated.

 

24.      Sale or keeping for sale certain arms and ammunition: - The State Government or, in the State of Madras, Andhra Pradesh or Kerala, the Board of Revenue, may, by licence granted by it in Form XI or Form XII authorize selected dealers to sell or keep for sale a specified amount of ammunition of category I (c).

 

(2)       A dealer possessing a licence in Form IX, Form XI or Form XII shall not sell or transfer any arms or ammunition of category I (b) or I (c) to any person, unless the acquisition or possession of such arms or ammunition is expressly permitted in his licence or in his certificate of exemption.

 

25.      Identification marks on Firearms: - A manufacturer of firearms shall get every firearm manufactured by him stamped so as to show distinctly-

 

(a)       The maker’s name and registered trade mark, if any;

 

(b)       The serial number of the weapon as entered in his register and the year of stamping; and

 

(c)        Proof-mark;

 

as shown in the following Table

 

 

 

1[Table

 

 

Weapon

Manufacturer’s Name

Serial number

(Register No.)

 

Proof Mark

 

1.

 

2.

 

3.

 

4.

 

1.

DBBL

Weapon

 

(i)

On the rib at the top near the breach

(i)

On the fastener

(i)

On the flats of the barrels

 

 

(ii)

On the side of the action of body

(ii)

On the flats of the barrels

(ii)

On the side of the action body

 

 

 

 

(iii)

On the flats of the action body

 

 

 

2.

SBBL

Weapons

(i)

On the barrel near the breach

(i)

On the fastener

(i)

On the flat of the barrel

 

 

(ii)

On the side of the action Body

(ii)

On the flat of the barrel

(ii)

On the side of the action Body

 

 

 

 

(iii)

On the side of the action Body

 

 

 

3.

M.L.

Weapons

(i)

On the barrel or on the rib near the nozzle

(i)

On the barrel near the nozzle 

(i)

On the barrel

 

 

(ii)

On the side plates

(ii)

On the action body

 

 

 

4.

Revolvers

(i)

On the barrel

(i)

On the barrel

(i)

On the barrel

 

 

 

 

(ii)

On Chamber

 

 

 

 

 

 

(iii)

On the body

 

 

 

5.

Pistols

 

On the frame

(i)

On the Frame

(i)

On the barrel

 

 

 

 

 

 

(ii)

On the body

 

(2)       When an imported firearm kept for sale by a dealer does not bear the manufacturer’s name,          such distinguishing mark of the importer as allotted by the State Government shall be engraved on the barrel (adjacent to the number, if any, existing thereon) and on other parts as shown in column 2 of the Table under sub-rule (1) if a barrel bears more than one number, the distinguishing mark shall be affixed to the number appearing on the original invoice.  When the manufacturer’s number appears only on the trigger-guard or other replaceable part, that number shall be engraved on the parts shown in column 3 of that Table.

 

(3)       A person, who has in his possession any firearm which, does not bear distinctly a manufacturer’s name, number, or other identification mark as mentioned in sub-rule (1), shall get the identification mark stamped on the firearm consisting of-

 

(a)       Such distinct letters as may be prescribed for the purpose by the State Government;

 

(b)      Serial number of the possession of licence in the Arms Register of the licensing authority concerned or, in respect of the firearms in possession of a person exempt from the obligation to take out licence for their possession, the letter ‘Ex’, and

 

(c)      The year of stamping, in that  order and in the following manner

          

1.        Rules                                              On the barrel and breech

           2.        Guns and pistols.                             On the barrel.

           3.        Revolvers                                        On the barrel and cylinder

1.     Subs. by G.S.R. No. 165 dated 11-2-1988.

 

26.      Records of transactions in arms and ammunition: -

 

(l)        Every dealer shall maintain such registers as may be prescribed by the Central Government to show receipts, disposal, balance of stock in hand and daily sales of arms or ammunition of different categories and provide such other information as may be required.

 

(2)       Every entry of transactions in such registers shall be made before the close of business hours on the same day and in the case of a sale or transfer, the dealer shall, at the time of the transaction, require the purchaser or transferee, if not known to him, to furnish particulars sufficient for identification, and shall immediately enter the said particulars in the registers.

 

27.      Inspection of premises, stock and record. - Every Magistrate and any Police Officer not below the rank of inspector, or, if the Central Government so directs, or Sub-Inspector, acting within the local limits of his authority, or any officer of the Central Government specially empowered in this behalf may, -

 

(a)       Enter and inspect the premises in which arms or ammunition are manufactured or in which arms of ammunition are kept by a manufacturer of or dealer in such arms or ammunition; and

 

(b)       Examine the stock and accounts of receipts and disposals of arms and disposal of arms and ammunition of any other register or document.

 

28.      Restrictions upon import or export for re-import of arms or ammunition: - A licence shall not be granted for the import or export for re-import of any arms or ammunition through the medium of post off ice.

 

29.      Import by sea or air: -Arms or ammunition shall be deemed to have been brought into India by a person when such arms or ammunition are imported through an agent and are either-

 

(i)        Consigned to such person direct; or

 

(ii)       Consigned to the said agent, if the agent possesses a certificate from the said person that the arms or ammunition are bona fide his property and the agent only clears the arms or ammunition from the customs house and forwards the same.

 

30.      Vessels entering the territorial waters of India. -Arms or ammunition carried by a vessel entering the territorial waters of India or leaving such waters, shall be deemed to be imported or exported, as the case may be, irrespective of whether the vessel carrying, the arms or ammunition does or does not berth.

 

31.      Import by land or river of arms and ammunition: -

 

(1)       Where a licence is granted in Form XVI and the articles are consigned to an area not on the frontier of India, a copy of the licence shall forthwith be sent by the authority granting it to the Government of the State concerned or the District Magistrate having jurisdiction over the area in which they cross such frontier; and the State Government/District Magistrate may, in its/his discretion, require the licensee or produce the arms or ammunition for its/his inspection before allowing the same to be taken out.

 

(2)       Where arms or ammunition are imported by rail, a copy of the licence shall forthwith be sent by the authority granting it to the railway authorities at the place to which such arms or ammunition are consigned.

 

32.      Bringing of arms or ammunition into India by bona fide tourists: -

 

 (1)      A licence, valid for the period of six months from the date of endorsement referred to in sub-rule (I -A), may be granted in Form III to bona fide tourist referred to in clause (b) of the proviso to sub-section (1) of Section 10, so far as practicable, six months prior to the expected date of arrival of the tourist in India:

 

Provided that the validity of the licence so granted shall commence only from the date of endorsement of the said licence and the arms and ammunition covered by the licence shall not be used till the date of the endorsement of the licence.

 

(1-A)   When a licence is granted in Form III to a bona fide tourist under sub-rule (1), the licence, together with the passport/visa of the tourist, shall be presented to the licensing authority as soon as may be after the disembarkment of the tourist and the latter shall, -

 

(a)       After obtaining the undertaking referred to in sub-rule (2), endorse the licence making it valid for a period of six months from the date of endorsement, and

 

(b)       Make an entry in the passport/visa giving full particulars of all the arms and ammunition for which the licence has been granted.

 

(2)       The licensing authority shall obtain an undertaking in writing from the licensee that he shall not sell or transfer the arms or ammunition to any one in India without the prior permission of the District Magistrate having jurisdiction over the place where such sale or transfer is to be made, and where the arms or ammunition are sold or transferred, he shall inform the customs authority and pay the duty, if any.

 

(3)       The passport checking authority or any other officer empowered by the District Magistrate in this behalf at the port or other place of departure from India shall verify that the arms entered in the passport/visa are being taken out of India by the licensee and recover the licence and forward the same to the authority who issued it with the remarks that the arms have been duly re-exported or lawfully sold or transferred in India, as the case may be.

 

33.      Of exports: -

 

(1)       The authority granting a licence in Form XVII for export by sea or air of arms or ammunition from customs ports to ports to foreign territory or Commonwealth shall send a copy of such licence to the agent or master of the vessel or to the air carrier by which the arms or ammunition covered by the licence are intended to be taken out of India.

 

(2)       The weapons of the following description shall not be allowed to be exported, namely:

 

(i)        Weapons falling within the definition of “antiquity” under the Antiquities (Export Control) Act, 1947 (31 of 1947);

 

(ii)       Weapons of current and popular bores for which ammunition is available in the country; and

 

(iii)      Automatic weapons and weapons which are in use by the police or the armed forces of the Union.

 

(3)       Every application for the grant of a licence in Form XVII or Form XVIII for export of firearms shall be accompanied by a certificate from the Director-General of Archaeology of the Central Government to the effect that the arms intended to be exported do not fall within the definition of “antiquity” under the Antiquities (Export Control) Act, 1947 (31 of 1947).  If the application is made to the Central Government, it shall be accompanied by a further certificate from the licensing authority of the place from where the weapons are intended to be exported certifying that the weapons do not belong to any of the description mentioned in sub-rule (2).

 

34.      Export by land or river of arm and ammunition. -When a licence for export of arms or ammunition by land or river is granted in Form XVHI a copy of the licence shall forthwith be sent by the licensing authority-

 

(a)       Where the arms or ammunition are exported by rail, to the District Magistrate of the place from which the consignment is to be despatched; or in the State of Jammu and Kashmir, to the State Government, and such authority shall forthwith, send a copy of the railway authorities at the station from which the consignment is to be despatched;

 

(b)       Where the arms or ammunition are exported by road or river, to the District Magistrate having jurisdiction over the area out of which they are to cross the frontier of India; and such Magistrate may, in his discretion, require the licensee to produce the arms or ammunition for his inspection before allowing them to leave the area.

 

35.      Export and re-import of arm and ammunition by sea or air. –

 

(1)       A licence in Form XIX may be granted for export of arms or ammunition by sea or air from one place in India and its re-import into another place in India-

 

(a)       By the   Central Government or any other officer, specially empowered by it.  if-

 

(i)        The arms or ammunition are taken by sea or by an International Air Service or across intervening territory not forming part of India; or

 

 (ii)      The arms or ammunition form part of the estate of a deceased or insane person who was or is subject to the Indian Navy Act, 1957 (62 of 1957) or whose estate is dealt with under the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), where such arms or ammunition are to be sent to the wife, widow, legal representative or next-of-kin of such deceased or insane person; or

 

(b)       By the licensing authority,

 

(i)        For import, at the place of destination, or

 

(ii)       For export, at the place of despatch subject to the previous consent of the licensing authority at the place of destination as required under rule 50,

 

If the arms or ammunition are carried by sea or by an internal air service.

 

Explanation. -For the purpose of this rule, “India” includes any of ex-French settlements in India.

 

(2)       A copy of every licence granted under sub-rule (1) shall forthwith be sent by the authority granted it to-

 

(a)       The licensing authority/authorities of the place of despatch/destination of the articles, as the case may be, or if the place of despatch/destination is in any of the ex-French settlements in India, to the Secretary, General Administration Department of Pondicherry, and

 

(b)       Where the place of despatch/destination of the articles is other than a port-

 

(i)        To the licensing authority at the port of export/re-import; and

 

(ii)       If the route includes transport by rail, to the railway authorities at the station from which the consignment is to be despatched.

 

36.      Arms or ammunition to be delivered to Customs Collector in certain cases: -Where a vessel or aircraft bound for a port other than a port in India calls at any port in India in the course of its voyage, and remains there for a period exceeding forty-eight hours, any arms or ammunition in the possession of any passenger not exempted from liability to take out a licence in respect of such possession shall be delivered by him to the Customs Collector, to be detained until the departure by sea or air, as the case may be, of such passenger, and it shall not be necessary for such passenger to take out any licence in respect of the arms or ammunition so delivered and detained.

 

37.      Prohibition of transport of arms and ammunition: -

 

(1)       Save as herein otherwise provided, no person shall transport over India or any part thereof any firearms or ammunition or any arms of Category V, except under, and in accordance with the conditions of, a licence granted under these rules.

 

(2)       Nothing in sub-rule (1) or in Section 12 shall be deemed to apply to arms or ammunition-

 

(a)       Transported personally or as personal luggage in reasonable quantities for his own use, by a person lawfully entitled to possess or carry such arms or ammunition;

 

(b)       Transported by a person licensed to manufacture such articles, for proof-testing, in a case or package legibly addressed to a Government establishment or an establishment approved in this behalf by the Central Government, or retransported by such establishment to such person;

 

(c)       Of Category V, transported through an area where the Central Government has, by notification in the official Gazette, applied Section 4, or from such area to an area where Section 4 does not apply, provided that the weapons are properly packed and labelled, showing clearly the description of the articles and the name and address of the consignee;

 

(d)       Transported by a licensed dealer for export or after import, in accordance with a licence for their export or import-

 

(i)        From the place of despatch to the port or other place of export; or

(ii)       From the port or other place of import to the place of destination; or

(iii)      By transshipment in the port of import for re-export by sea or air;

 

(e)       Transported-

 

(i)        By a person lawfully entitled to possess such articles, in reasonable quantities for his own use from the premises of a licensed dealer, or for purposes of examination. or repair or test to or from any such premises, or to the address of any other person lawfully entitled to possess such articles; or

 

(ii)       By a licensed dealer, in a case or package legibly addressed to a person lawfully entitled to possess such articles, in compliance with an order given by such person for the supply of such articles, in reasonable quantities for his own use or after carrying out necessary repairs thereto;

 

(f)       Being chlorates, transported for bona fide industrial, agricultural or medicinal purposes

 

Provided that-

 

(i)        Transport of arms or ammunition under clause (d), clause (e) or clause (f) shall be subject to obtaining a certificate of no objection from the licensing authority at the destination of the articles as provided for in

 

 (ii)      Transport of arms or ammunition personally for any of the purposes stated in sub-clause (i) of clause (e) without using them through any area outside the area of validity of his possession licence, shall be subject to his obtaining a permit from the licensing authority at the starting place of transport; and

 

(iii)      Prior intimation of the transport of arms of Category V under clause (c) or of chlorates under clause (f) shall be given to the officer-in-charge of the nearest police station or a Magistrate having jurisdiction over the place of despatch.

 

(3)       The officer or Magistrate receiving prior intimation under clause (iii) of the proviso to sub-rule (2) shall immediately inform the District Magistrate, and if the articles are transported by rail, the Superintendent of Railway Police having jurisdiction, -

 

(i)        Over the place of destination, in the case of transport of chlorates; and

 

(ii)       Over the place of entry into the area where Section 4 applies, in the case of transport of arms of Category V.

 

Explanation. -For the purposes of this rule “transport” includes movement of arms or ammunition across any part of the country, but does not include movement of arms or ammunition by a licensed dealer from a warehouse, godown or any other similar place to his factory, shop or other place of business within the same village, town or city.

 

38.      Transport of arms or ammunition: -

 

(1)       A copy of licence granted in Form XX for transport of arms of ammunition beyond the local limits of the jurisdiction of the authority granting it shall forthwith be sent to the District Magistrate having jurisdiction over the area where the place to which the articles, are consigned is situated, or if such place is in the State of Jammu and Kashmir, to the Government of that State.

 

(2)             A copy of every such licence granted by a District Magistrate for transport within the limits of his jurisdiction shall forthwith be sent to the Sub-ordinate Magistrate (if any) having jurisdiction over the place to which the arms or ammunition are consigned.

 

(3)       Where arms or ammunition are transported by rail, a copy of such licence or a copy of the no-objection certificate referred to in Rule 50 shall be attached to the way-bill or invoice, as the case may be, and telegraphic advice of every such consignment shall be sent by the railway authorities from the forwarding to the receiving station.

 

(4)       A licence for the transport of arms or ammunition shall not, save for special reasons to be recorded by the authority granting it, be granted for a period longer than twice the time likely to be occupied in the journey to the place of destination by the route indicated in the licence:

 

Provided that a licence for a longer period, not exceeding a quarter of a year at one time, may be granted in connection with industrial purposes for transporting in ingredients of ammunition, in installments from the godown to the factory of the licence situated within the same district but not in the same locality.  A licensee transporting any ingredients of ammunition under such licence shall give prior intimation to the nearest Magistrate/Officer-in-charge of police station; and he shall make necessary entries promptly in the stock registers maintained for the purpose at both the godown and the factory.

 

39.      Licence for transport and re-export of arms and ammunition, -Where under the authority of a licence for import, transport and re-export of arms or ammunition granted in Form XIX, the arms or ammunition are to be-

 

(a)       Transported across Indian territory entirely by rail, a copy of the licence shall forthwith be sent by the authority granting it, to the licensing authority and to the railway authority at the place from which the consignment is to be despatched; or

 

(b)       Transported across Indian territory and re-exported by land or river, a copy of the licence shall forthwith be sent by the authority granting it to the District Magistrate having jurisdiction over the area out of which the consignment is to cross the frontier of India.

 

40.      Scrutiny by authorities of consignments containing arms   ammunition: -

 

(1)       (a)       (i)        Where a package or case containing arms of ammunition is brought for export or transport, to a railway authority or shipping agent or a master of vessel or air-carrier, the latter shall, before receiving the articles for despatch or despatching them, verify that they are accompanied by the original licence in the case of export or an attested copy of the licence in the case of transport or of export for re-import. 

 

(ii)       Where a consignment is received after import or transport, by an authority at a port checking import or by a railway authority, such authority shall require the production of the original licence before delivering the consignment.

 

(b)       Where arms or ammunition consigned to an area not on the frontier of India are imported, or where a consignment of arms or ammunition is exported, by land or river, the District Magistrate having jurisdiction over the area in India into or out of which it crosses the frontier of India or an officer appointed by him in this behalf shall require the licensee to produce the arms or ammunition for his inspection before allowing the articles to leave the area.

 

(c)       The aforesaid authority shall satisfy himself-

 

(i)        That the licence accompanying the consignment or produced by the licensee is    identical in substance with the copy sent to him; and

 

(ii)       That the arms or ammunition correspond with the description given in such licence.

 

(2)       Where in any case referred to in sub-rule (I)-

 

(a)       The original licence is not produced by the consignee or the original or attested copy of the licence does not accompany the case or package, as the case may be; or

 

(b)       The licence is not identical in substance with the copy sent to the authority; or

 

(c)       The arms or ammunition do not correspond with the description given in such licence, the authority shall not receive the articles for despatch or allow the articles to proceed further or deliver the consignment as the case may be, and shall, in case he is not a Magistrate, forthwith inform the nearest Magistrate.

 

41.      Production and delivery of licence for import/export/transport: -

 

(1)       The consignee of arms or ammunition imported/transported under a licence or his agent in the case of arms or ammunition exported under a licence shall-

 

(a)       Produce the licence, where the consignment in the course of import crosses the frontier of India by land or river, within six days of such crossing before the District Magistrate having jurisdiction over the area into which the consignment so crosses or before such officer as the District Magistrate may appoint in that behalf-,

 

(b)       Deliver the licence within six days of the arrival of the consignment-

 

(i)        At the destination, in case such consignment has been imported or transported to a place in India; or

 

(ii)       In the area out if which such consignment, being exported/transported across Indian territory for re-export, is to cross the frontier of India and before it so crosses,

 

to the District Magistrate having jurisdiction over the area in which the destination or place or crossing, as the case may be, is situated, or such other officer as the District Magistrate/State Government may appoint in that behalf.

 

(2)       Every officer, to whom a licence is produced or delivered under sub-rule (1) shall satisfy himself that-

 

(a)       The arms or ammunition correspond with the description given in the licence; and

 

(b)       Any deficiency is properly accounted for.

 

(3)       If the officer to whom a licence is delivered under sub-rule (1) is an officer other than the District Magistrate, the licence shall be forwarded by such officer to the District Magistrate.

 

42.      Import, transport and export of arms and ammunition for the Government of Nepal or the King of Nepal: -

 

(1)       Where arms or ammunition are imported into India for despatch to the Government of Nepal or his Majesty the King of Nepal, the customs authorities at the port of disembarkation, or the licensing authority in other places, shall check the consignment against the list of arms or ammunition received from the Central Government; the packages shall be sealed thereafter in the presence of a Custom Examiner or any other authority appointed for the purpose of the Central Government.

 

(2)     (a)        Where arms or ammunition imported into, or acquired in, India are to be despatched to Nepal for the Government of Nepal or His Majesty the King of Nepal, they shall be accompanied by a certificate from the Collector of Customs or the licensing authority of the area concerned to the effect; the certificate shall also contain a description of the marks on each package or case sufficient to enable it to be readily identified and a general statement of the contents of such package or case.

 

(b)       On receipt of requisition from the clearing agents or the firm concerned, as the case may be, the District Magistrate shall arrange for necessary export up to the railway station.

 

(c)       The railway authorities shall, not receive for despatch any package or case containing arms or ammunition unless accompanied by a certificate as required under clause (a).

 

(3)       Where in any case-

 

(i)        The list referred to in sub-rule (1), is not received from the Central Government; or

 

(ii)       He arms or ammunition imported into, or intended to be despatched from India do not correspond with the description given in such list,

 

the authorities concerned shall not allow the consignment to be despatched to Nepal and shall forthwith inform the Central Government.

 

43.      Transport of arms from any place in Nepal to any other place in Nepal through Indian Territory. -

 

(1)       Notwithstanding anything contained in rules 8 and 28, the Ambassador of Indian in Nepal, on application made by or on behalf of His Majesty the King of Nepal, of the Government of Nepal, and subject to confirmation by the Central Government, may grant a licence in Form XXI for the import into, possession in, transport across, or export out of, India from any place in the territory of Nepal to any other place in that territory across the frontiers of India, of arms or ammunition of categories I and II or any other category, by His Majesty, the King of Nepal, personnel accompanying him, his brothers, the Prime Minister of Nepal and Nepal Government’s troops or police, as the case may be.

 

(2)       Where under the authority of a licence granted under sub-rule (1), arms or ammunition are to pass across Indian territory-

 

(a)       If entirely by rail, a copy of the licence shall forthwith be sent by the Ambassador to the District Magistrates having jurisdiction over the areas through which the arms or ammunition shall pass across the frontiers of India and also to the railway authorities of the place in the Indian Territory through which the consignment shall pass;

 

(b)       If by road or river, a copy of the licence shall forthwith be sent to the District Magistrates having jurisdiction over the areas through which the arms or ammunition shall pass to Nepal across the frontiers of India.

 

(3)       The Central Government, or the Ambasdsador with the approval of the Central Government, may make any order regulating the safe transit to Nepal across the frontiers of India of the arms or ammunition mentioned in this rule.

 

44.      Transit licences for bona fide travellers-

 

(1)       Where a licence is granted in Form XXII, the licensing authority shall endorse the passport/visa of the tourist to that effect.

 

(2)       A copy of every licence granted in Form XXII shall forthwith be sent to such officer of the Government of the State in which the place of his departure from India is situated as may be specially empowered in this behalf by the State Government or the Administrator or Lieutenant-Governor or Chief Commissioner of a Union territory, as the case may be.

 

(3)    (a)         The licensee shall not, while in India, sell or transfer any arms or ammunition covered by his licence without prior permission of the licensing authority of the place where such sale or transfer is to be effected.  He shall produce the arms or ammunition for the permission of the licensing authority, as the case may be, at the time of leaving India and return his licence to the passport checking authority, or other authority empowered by the District Magistrate in this behalf, at the port or other place of departure from India.

 

(b)       The transport checking authority or other authority to whom the licence is returned by the licensee, shall forward the same to the authority who issued it, with the remarks that the arms or ammunition have been duly exported, or sold or transferred with the permission of the authority concerned as required under clause (a).

 

45.      Licence to keep in custody arms and ammunition. -The licensee in Form XIV shall not accept for custody arms or ammunition without satisfying himself that there is no bona fide intention on the put of the depositor or any person on whose behalf the deposit is made.  The dealer shall either inform the nearest police station and the District Magistrate personally, or despatch information to the officer-in-charge of the police station and the District Magistrate by registered post on the day of deposit or return or disposal, as the case may be, of such arms or ammunition.

 

46.      Deposit of arms and ammunition under Section 21. -

 

(l)        When a licensing authority decides to suspend or revoke a licence or to refuse to renew it, he shall, while communicating his decision in writing to the licensee, inform him that-

 

(a)       Under Section 21 (1) he is required to deposit within such time as may be specified in the order suspending, revoking or refusing to renew the licence, the arms or ammunition covered by the licence, either with the officer-in-charge of the nearest police station, or with a dealer holding a licence in Form XIV, or, in case he is a member of the armed forces of the Union, in the unit armoury;

 

(b)       Subject to the proviso to Section 21 (2), during period prescribed under sub-rule (4), he or, in the case of his death, his legal representative is entitled to sell or otherwise dispose of the arms or ammunition to any person lawfully entitled to possess the same and to receive the sale-proceeds, if any; and

 

(c)       If the arms or ammunition have not been disposed of or their possession by the licensee or his legal representative, as the case may be, has not become lawful within the prescribed period they shall, subject to the proviso to Section 21 (3), be forfeited to Government by order of the District Magistrate.

 

(2)       Where any arms or ammunition is deposited by an owner under Section 21 (1), in a police station or unit armoury or with a dealer holding a licence in Form XIV, the officer-in-charge of the police station or unit armoury or the licensed dealer, as the case may be, shall-

 

(a)       Attach to each article deposited, a card showing the following:

 

Deposit under Section 21 (I)-

 

(i)   Description (No. etc.) of the article ……………………………..

(ii)     Particulars of licence of exemption (if any) ……………………….

(iii)    Name and address of depositor ………………………………….

(iv)    Serial No. in register and date of deposit ………………………….

(v)    Date due for forfeiture /disposal ……………………………………..

(vi)          ……………………………………………………………….

 

Signature of depositor.

    (vii)        ………………………………………………………………….

 

Signature of dealer or officer-in-charge

                                              of police station/unit armoury.

 

(b)       Issue to the depositor a receipt containing the same detail as in (a); and

 

(c)       Immediately send a copy of receipt to the authority who, granted the licence or renewed it last.

 

(3)     (a)         (i)       Any arms or ammunition deposited in a unit armoury under Section 21 (1) may, unless returned or disposed of earlier, be transferred, after the expiry of a period of 30 days after such deposit to the nearest police station;

 

(ii)       Any arms or ammunition deposited in a police station under Section 21 (1) which have not been returned or disposed of within 30 days of the deposit and the arms ammunition transferred under clause (i) may be transferred for the sake of better maintenance or safety to a police armoury in the district/taluqa headquarters or such other place as maybe specified by the- District Magistrate, in accordance with such instructions as may be issued by the State Government for the purpose: Provided that the District Magistrate may, when he considers it desirable, extend the said period of 30 days.

 

(b)       Intimation of such transfer shall be given to the depositor of the article and to the authority who, granted or last renewed the licence for the article.

 

(4)       The period within which a depositor or his legal representative may exercise his rights under sub-section (2) of Section 21 shall be-

 

(a)       Six months from the date of deposit, if the arms or ammunition are deposited as a consequence of contravention by its owner of any provision of the Act or these rules or any condition of the licence:

 

(b)       One year-

 

(i)        From the date of deposit, if the arms or ammunition are deposited as a consequence of its possession becoming unlawful under Section 21 (1) otherwise than as under clause (a), or

 

(ii)       If it is already in deposit, from the date, of communication to the owner of the order revoking, suspending, or refusing to renew the licence; or

 

(iii)      From the date of notification issued under Section 4:

 

Provided that any period under clause (a) or (b) shall be reckoned-

 

(i)        Where an appeal is preferred by the owner under Section 18 from the date of the final order of the appellate authority;

 

(ii)       Where the arms or ammunition is the subject of a legal suit or dispute or is owned or inherited by a person who has not completed the age of sixteen years-from the date of termination of the dispute or of completion by that person of the age of sixteen years; and

 

(iii)      Where the owner of the arms or ammunition is on active service outside India-from the date of his return to India:

 

Provided further that when the arm or ammunition is owned by a person who is considered by the licensing authority to be unfit, for the time being, to carry the arm or ammunition for any reason, the period prescribed under clause (a) may be extended suitably by the District Magistrate or the Commissioner of Police in relation to any metropolitan area;

 

1[(c) 2[(Two years] if the firearms are deposited as consequence of proviso to sub-section (2) of Section 3.1

 

(5)      (a)       Any arms or ammunition not returned or disposed of before the expiry of the period prescribed under sub-rule (4) shall be notified to the District Magistrate; and, subject to the provisos to sub-rule (4) and the proviso to Section 21 (3), transferred to the district malkhana or such other place as required by order of the District Magistrate for the purpose of forfeiture under Section 21 (3).

 

(b)       The District Magistrate shall, before making an order of forfeiture after the expiry of the prescribed period, serve a notice as required under Section 21 (4) in the like manner as for summons under the 3 [Code of Criminal Procedure, 1898 (V of 1898)]:

 

Provided that, in the case of the depositor being a member of the armed forces of the Union, the notice shall be served personally through the Commanding Officer of such member.

 

(6)       Charges for maintaining in good condition articles deposited may be levied at such rates as may be fixed from time to time by the State Government.

 

1.        Inserted by G.S.R. No. 673 (E), dated 19-9-1984.

2.        Subs. by G.S.R. No. 283 (E), dated 18-3-1985.

3.        See now Code or Criminal Procedure, 1973 (2 of 1974).

 

47.      Deposit of arms and ammunition for safe custody (otherwise than under Section 21): -

 

(1)     (a)        A person lawfully possessing arms or ammunition may deposit them for safe custody with a dealer holding a licence in Form XIV or in a police station or, if he is a member of the armed forces of the Union, in a unit armoury.

 

(b)       Before accepting the arms or ammunition for deposit otherwise than under Section 21 (1) the dealer or officer-in-charge of a police station or unit armoury shall satisfy himself that they are possessed under a valid licence issued under the Act and the rules or under exemption from the need for such licence.

 

(c)       Members of the armed forces of the Union may be allowed to keep their arms or ammunition in safe custody in a unit armoury only during the tenure of their service.

 

(2)       Where the arms or ammunition have been deposited under sub-rule (1), the dealer or officer-in-charge of the police station or unit armoury shall-

 

(a)       Attach to each article deposited, a card, easily distinguishable from the described in rule 46(2) (a) showing the following:

 

Deposit for safe custody-

 

(i)          Description (No. etc.) of article …………………………………………….

(ii)       Name and address of depositor ……………………………………………..

(iii)      Particulars of licence/exemption …………………………………………….

(iv)      Serial No. in register and date of deposit ………………………………….

(v)       Date of expiry of licence ……………………………………………………

(vi)      Date up to which deposited ………………………………………………..

(vii)     ……………………………………………………………………………….

       Signature of depositor.

 

(viii)    ……………………………………………………………………………..

Signature of dealer or officer-in-charge

                                                      of police station/unit armoury.

 

(b)       Issue to the depositor a receipt containing the same particulars as in clause (a); and

 

(c)       On same day send a copy of the receipt to the authority who granted the licence or renewed it last.

 

(3)     (a)        In the event of failure to get the licence renewed, the arms or ammunition shall continue to be possessed by the dealer on the authority of his licence in Form XIV or by the officer-in-charge of the police station or unit armoury; but, if the licence is not renewed for a period of three years after its expiry the dealer or the officer-in-charge of the police station or unit armoury shall bring this to the notice of the District Magistrate for such action as he may consider necessary;

 

(b)       The articles shall in no case be returned to the owner unless the licence to possess them is renewed or a new licence is obtained.

 

(4)       The depositor may be charged a fee for the custody of the articles deposited at the following rates:

1.        For each Firm                                             ....One  rupee per year or portion thereof

 

2.         For every other weapon or package   ... 50 paise per year or portion thereof.

 

Any extra charges for maintenance of the articles in good condition may be levied at such rates as may be fixed from time to time by the State Government.

 

48.      Records and returns of the articles deposited: -

 

(1)       The dealer, or the Officer in-charge of the police station or unit armoury shall maintain such registers as may be prescribed by the Central Government.

 

(2)       A copy of the entries in the registers relating to the quarters ending on the last day of March, June, September and December, each year, certified as true copy under the signature of the dealer or officer-in-charge of the police station or unit armoury, as the case may be, shall be forwarded to the District Magistrate as early as possible after the expiry of each quarter.

 

(3)       The licensed dealer or the Officer-in-charge of the police station or unit armoury or of any other place specified under rule 46 (3) (ii) where the arms or ammunition are kept, shall submit to the District Magistrate by the 15th December each year, a report showing the particulars of arms as ammunition in their custody which have, or will become liable to forfeiture by the end of that year.

 

49.      Inspection: -

 

(1)       Arms and ammunition deposited in a police station or with a dealer   and those transferred to the district malkhana and the register maintained for the purpose shall be inspected periodically by the District Magistrate or other officer appointed by the State Government in this behalf in accordance with such procedure as may be prescribed by the State Government.

 

(2)       The arms of ammunition deposited in a unit armoury and the register maintained for this purpose shall be inspected periodically by the officer commanding the unit or any other officer empowered by him in accordance with the procedure prescribed by the Government of the State, where the unit is for the time being located.

 

50.      Previous consent in certain cases: -

 

 (1)      A licence having effect beyond the local limits of the authority of the officer granting it shall not be granted for the transport or export or import of any arms or ammunition to a place, without ascertaining that there is no objection to the grant of such licence on the part of-

 

(i)       The District Magistrate having jurisdiction over the area in which such place is   situated, or

 

(ii)       The Government of the State of Jammu and Kashmir, if such place is in that State, or

 

(iii)      The Secretary, General Administration Department, Government of Pondicherry, if such place is in any of the ex-French Settlements in India.

 

(2)       For the purposes of sub-rule (1), either-

 

(i)        A certificate of “no objection” may be obtained by the applicant for the licence, or

 

(ii)       An enquiry may be made by the authority to whom; application for grant of such licence is made.

 

51.      Application for Licence: - Every application for the grant of a licence under these rules-

 

(a)       Shall be submitted in Form A;

 

(b)       May be presented by the applicant in person or sent through the medium of post office or otherwise, to the licensing authority, as far as, possible, having jurisdiction in respect of the place where he ordinarily resides or has his occupation;

 

(c)       Shall contain all such information as is necessary for the consideration of the application; and in particular-

 

(i)        Where the application is for a licence for the acquisition, possession and carrying of arms or ammunition for crop-protection shall specify details of the land cultivation requiring protection and area within which the arms or ammunition are required to be carried;

 

(ii)       Where the application is for a licence for import by land or, river or for export or for transport or for export and re-import, or for import, transport and re-export, of arms or ammunition, shall specify the place of destination, the route, the time likely to be occupied in the journey, and the quantity, description and price of each kind of arms or ammunition in respect of which the licence is required and the purpose for which they are intended;

 

(d)       Where the grant of licence requires a certificate of no objection from some other authority as provided in rule 50, shall state whether such certificate has been obtained and, if so, shall be supported by evidence thereof,

 

(e)       Where an application is for the grant of licence in Form II, Form III, Form III-A, Form IV, Form V or Form VI, from a person other than a bona fide tourist as defined in Section 10 (l) (b) of the Act it shall be accompanied by two passport size copies of the latest photograph of the applicant:

 

Provided that-

(i)        An application by a member of the armed forces of the Union shall be made through his Commanding Officer to the licensing authority having jurisdiction in respect of the place to which he is for the time being posted; and

 

(ii)       The licensing authority may in accordance with any instructions issued by the State Government in respect of all or any class of firearms, require the personal attendance of the applicant before granting or renewing the licence applied for.

 

1[51-A.The applicant shall not suppress any factual information or furnish any false or wrong information in the application from.]

 

1.        Ins. by G.S.R. No. 52 (E), dated 24-1-1989.

 

52.      From of licences. -

 

(1)       A licence in Form II, Form III, Form III-A, Form IV, Form V or Form VI, if granted for more than a year, to a person other than a bona fide tourist as defined in Section 10 (1) (b) of the Act, shall be in book form and shall contain the latest photograph of the licensee.

 

(2)       When a licence is granted in Form II, Form III, Form IV, Form V or Form VI for the possession of arms to be acquired by the licensee subsequent to the grant of the licence, the authority granting the licence shall, at the time of granting the same, direct that within a period specified by him in this behalf which he may, from time to time, extend, the arms covered by the licence shall be acquired and that the licence or the arms or both shall be produced for his inspection and if within the period specified or extended,-the licensee fails to acquire the arms and to produce the licence, or the arms or both, as the case may be, the licence shall cease to be in force:

 

Provided that, if during the period so specified or extended the licensee wishes to acquire and possess any weapon or weapons of a different description and the licensing authority has no objection to allow the acquisition and possession of such weapon or weapons, he may amend the licence accordingly:

Provided further that-

 

(i)        Where the licensing authority is the State Government the licensee residing at any place within the State in which the licence was issued may produce the licence or the arms or both for inspection before such authority as the State Government may, by a general or special order specify in this behalf,

 

(ii)       Where the licensing authority is the State Government, the licensee may, if he changes his place of residence from one State to another State, produce the licence or arms or both for inspection before the Government of the second-mentioned State or any authority, which that Government may, by general or special order specify in this behalf;

 

(iii)      Where the licensing authority is other than the State Government, the licensee may, if he changes his place of residence, produce the licence or arms or both for inspection before the licensing authority of the place of his new residence to which the licensee may have shifted after the grant of licence;

 

Within the period so specified or extended and authority other than the licensing authority who inspected the arms as well as the licensee shall intimate the fact of the inspection to the authority who issued the licence.

 

53.      Variation of conditions of Licences-

 

(1)       On application from a licence-holder, a licensing authority may extend the area of validity specified in his licence, if he is satisfied about the need of such extension, subject to the condition that the licensing authority has the power to grant a licence in relation to the area to which extension is sought.

 

(2)       On application from a company holding a licence in Form II or Form III for a change in the name of the member, agent or other representative of the company in whose name the licence has been granted or of a retainer included in the licence, the necessary amendments may be made in the licence by the licensing authority.

 

54.      Renewal of licence. -

 

(1)       Every licence may, at its expiration and subject to the same conditions (if any) as to the grant thereof, be renewed by the authority mentioned in Schedule II as renewing authority:

 

Provided that the licence so renewed may be signed in the appropriate column of the licence by such officer as may be specifically empowered in this behalf by the State Government under rule

 

(2)       The authority issuing a licence shall ordinarily be responsible for watching all future renewals of the licence.  Where a licence is renewed by an authority other than the authority who granted it, the former shall forthwith inform the latter of the fact of renewal and the period for which such renewal is valid.  The applicant for the renewal of a licence under this rule shall always be required to state his permanent residence, and, if he notifies a change in his permanent residence to the district in which the renewal is sought, the licensing authority of such district shall henceforward become responsible for watching all future renewals of his licence and shall inform the original issuing authority accordingly.  This procedure shall be repeated on each subsequent occasion of renewal of the licence, the necessary intimation being sent by the renewing authority to the original issuing authority, or to the authority who last renewed the licence on a permanent change of residence, as the case may be.

 

(3)       An application for renewal of a licence for arms or ammunition deposited under sub-rule (1) of rule 47 may be made by the depositor, or where it is not practicable to make the application direct, through the dealer or any other person authorised by him in this behalf, while the arms or ammunition continue to be so deposited.

 

(4)       The licensing authority may consider all application for renewal of’ a licences if the period between the date of its expiry and the date of application is not, in his opinion, unduly long with due regard to the circumstances of the case, and all renewal fees for the intervening period are paid; otherwise the application may be treated as one for grant of a fresh licence.

 

55.      Appeal against the order of licensing authorities or an authority suspending or revoking the licence under Section 17 (6). -In any case in which all authority issues an order-

 

(a)       Refusing to grant or renew a licence or to give a no objection certificate for such grant or renewal; or

 

(b)       Varying any condition of a licence or suspending or revoking a licence under sub-section (1), or sub-section (3) or sub-section (6) of Section 17, the person aggrieved by such order may, within thirty days from the date of issue of the order, and subject to the proviso to subsection (2) of Section 18 prefer an appeal against that order, to the concerned appellate authority.

 

56.      Procedure to be followed by the appellate authority. -On the receipt of all appeal, the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard, pass final orders.

 

57.      Fees payable for licences-

 

(1)    (a)     Every licence granted or renewed under these rules shall, save as herein otherwise expressly provided be chargeable with the fee (if any) specified in the form in which it is granted or renewed.

 

(b)       In any case where fee is prescribed for a year, fee for a fraction of a year shall be the same as for a whole year.

 

(2)       Where a licensee submits his application for renewal of his licence after the expiry of the period for which the licence was granted, the licensing authority may, if he decided to renew the licence, at his discretion levy-

 

(a)        Full fee as for initial grant of the licence, and

 

(b)        If he is satisfied that the delay is not justifiable or excusable, not serious enough to warrant revocation of the licence or prosecution of the licensee, a late fee not exceeding the amount of the licence fee, if fee is charged, or Rs. 5 in other cases.

 

(3)       The Central Government may, by general or special order and for reasons to be recorded in writing and subject to such conditions, if any, as it may specify in the order, grant exemption from, or reduction of, the fee payable in respect of any licence:

 

Provided that it shall be a condition of every exemption from payment of the fee chargeable in respect of the grant or renewal of any licence in Form III that if application for renewal of such licence is not made within one month from the date on which the licence expires, the licensing authority may, unless the applicant satisfies the licensing authority that he had sufficient cause for not making the application within that period, levy renewal fee at the rate specified in the Form.

 

(4)       No separate fees shall be chargeable from retainers.

 

(5)       No fee shall be chargeable in respect of the grant or renewal. of a licence in Form XV by a State Government or the Board of Revenue (in the State of Andhra Pradesh Kerala or Madras), for the import of sulphur in reasonable quantities, if the State Government or the Board of Revenue is satisfied that the sulphur is required in good faith for medicinal, industrial or agricultural purposes (other that) for manufacturing arms, ammunition or explosives).

 

(6)       Any political representative authorised to grant a licence in Form XVIII may remit the fee payable in respect of the grant or renewal of any such licence in the case of arms or ammunition exported for personal use, or in the case of ammunition exported for use for blasting purposes (whether on a public work or not) of the Government of any territory or place outside India.

 

(7)      (i)        No fee shall be chargeable for the grant of a licence for export and re-import of any arms or ammunition in a case or package legibly addressed to a person lawfully entitled to possess such articles in compliance with a requisition made by such person for the supply of such articles in reasonable quantities for his own use or after carrying out necessary repairs thereto.

 

(ii)       Where any arms or ammunition are imported under a licence into any customs port in India and re-exported thence for re-import into any other customs port in India under rule 35, the necessary licence for such re-export and re-import under the said rule shall be chargeable with a fee of rupee one only.

 

(8)       No fee shall be chargeable in respect of-

 

(i)        A change of description of the weapon entered in a licence, granted for its acquisition under the proviso to rule 52(2) but if the licence fee in respect of the weapon so changed is higher than that for the original weapon, the difference of such fee may be charged,

 

(ii)       An endorsement under rule 12 of a licence granted in the State of Pondicherry or endorsement to extend or change the area of validity of a licence under sub-rule (1) of rule 53-,

 

(iii)      A change of name, under rule 53(2), of member, agent or other representative of the company or a retainer; or

 

(iv)      A grant of consent or permit/certificate or endorsement or any other document under these rules, except as otherwise expressly provided.

 

58.      Fees payable for copies and duplicates: - where a licence granted or renewed under these rules is lost or accidentally destroyed, the authority empowered to grant such licence may giant a duplicate-

 

(a)       Where the original licence was granted without the payment of any fee, on payment of a fee of 50 paise; and

 

(b)       It any other case on payment of a fee of one rupee or of the fee with which the original licence was chargeable, whichever is less.

 

59.      Fee payable on a petition for appeal made under Section 18 (l): - Every petition for appeal under Section 18 (l) shall be accompanied by a fee of-

 

(a)       Rs. 10, if the fee for the licence in relation to which the appeal is preferred is Rs. 5 or more; and Rs. 5 in any other case.

               

            (b)     Rs. 5 in any other case.

 

60.      Collection of fees. -All fees payable shall be paid in cash either in person or, at the option of the person concerned, by money order/postal order at the time of application

 

61.      Dealers to maintain registers, etc., in certain cases-Where no licence is required for the manufacturer, sale, import, export or transport of any category or description of arms or ammunition by or through a dealer, the dealer may be asked to register his name and address and place of business in such manner and at such place as the Central Government may prescribe and the dealer shall maintain such registers and furnish such information to the Central Government as it may require in respect of the arms or ammunition, so manufactured sold, imported, exported, or transported.

 

62.      Production of licences. -  

(1)       Any person who-

 

(a)       Holds a licence, granted or renewed or a pass, permit or certificate granted under these rules, or

 

(b)       Is acting Guide, colour of such licence, pass, permit, or certificate, shall forthwith produce such licence, pass, permit or certificate upon demand by any Magistrate or any police officer of a rank not below that of an officer-in-charge of a police station.

 

(2)       While granting or renewing a licence, no authority shall impose a condition inconsistent with sub-rule (1).

 

(3)       If a person who holds a licence in Form III changes his place of residence, permanently, or temporarily for more than thirty consecutive days, and carries with him the weapon covered by the licence to a place other than indicated in column 2 of the licence, he shall, within thirty days of such change send intimation about such chance to the licensing authority of the place of his new residence as well as to the authority which granted the licence or last renewed it as the case may be and shall on demand, forthwith produce the licence and the weapon to the first mentioned authority for making necessary entry  in the licence to indicate therein the particulars of the new residence of the licensee.

 

(4)       The licensee shall intimate within a period of thirty days in regard to change of residence to the licensing authority of the new place of his residence and produce his licence before the licensing authority of the new place for appropriate endorsement.  On such change of residence and after such endorsement on the licence, the said licence shall be deemed to have been transferred to the jurisdiction of the licensing authority and renewing authority of the new place of residence and such authority shall be the licensing authority and the renewing authority in relation to the said licence for purposes of provisions of the Arms Act, 1959 and the Arms Rules, 1962.

 

63.      Production of arms.- The authority by whom any licence in Form II, Form III,  Form IV, Form V or Form VI has been granted or renewed, may, for the purpose of satisfying itself that any arms covered by such licence are still in the possession of’ the licensee, at any time while the licence is in force, by order in  writing require the licensee-

 

(a)       To produce the arms at such time and place for inspection of such officer as may be specified in the order; or

 

(b)       At the option of the licensee, to produce a certificate from-

 

(i)        a Magistrate or the officer-in-charge of the nearest police station in whose jurisdiction the licensee resides or has his occupation; or

 

(ii)       If he is a Government servant, a gazetted officer to whom he is subordinate, to the effect that he has seen the arms in the possession of the licensee and they correspond to the description given in the licence.

64.      Savings. -     

 

(l)        The Indian Arms Rules, 1951, are hereby repealed.

 

(2)       Notwithstanding such repeal, anything done or any action taken (including any exemption, exclusion or withdrawal made, fee imposed, levied, remitted or reduced or power conferred) or deemed to have been done or taken under the said rules, shall, so far as it is consistent with these rules, be deemed to have been done or taken under the   corresponding provisions of these rules.

 

SCHEDULE 1

Category

Arms

Ammunition

1

2

3

1

(a)

Prohibited arms as defined in Section 2 (1) (i) and such other arms as the Central Government may, by notification in the official Gazette, specify to be prohibited arms.

Prohibited ammunition as defined in Section 2 (1) (h) and such other articles as the Central Government may, by notification in the official Gazettee, specify to by prohibited ammunition.

 

(b)

Semi- automatic firearms, other than those included in categories I(c) and III (a), smooth bore guns having barrel of less than 20 in length. 

Ammunition for arms of category I (b).

 

 

 

(c)

Bolt action or semi- automatic rifles of .303 or 7 .62 mm. Bore or any other bore which can chamber and fire service ammunition of .303 or 7 .62 mm. Caliber, muskets of .410 bore or any other bore which can fire .410 musket ammunition, pistols, revolvers or carbines of any bore which can chamber .380 or .455 rimmed cartridges or service 9 mm. or .445 rimless cartridges.

Ammunition for firearms of category 1(c). 

 

(d)

Accessories for any firearms designed or adapted to diminish the noise or flash caused by firing thereof.]

Nil

II

 

Machinery for manufacture or proof testing of firearms.

Machinery for manufacturing ammunition.

III

 

Firearms other than those in categories I, III and IV, namely, -

Ammunition for firearms other than those In categories I, II and IV, namely, -

 

(a)

Revolvers and pistols

Ammunition for firearms of category III (a).

 

(b)

Breech- loading rifles other than .22 bore rifles mentioned in category III (c) below,

Ammunition for firearms of category III (b).

 

(c)

.22 bore (low velocity) rifles using rimfire cartridges, breech-loading smoothbore guns and and-rifles.

Ammunition for firearms of category III (b).

 

(d)

Air guns and muzzle loading guns.

Ammunition for firearms of category III (d).

 

 

 

IV

 

Curios and historical weapons, other then those excluded under Section 45(c).

Curios and historical ammunition.

 

V.

 

Arms other than firearms: Sharp-edged and deadly weapons namely: Sword (including sword-stick), daggers, bayonets, spears (including; lances and javelins), battle-axes, knives (including kirpans and khukries and other such weapons with blades longer than 9” or wider then 2” other than those designed for domestic, agricultural, scientific or industrial purposes, steel baton, Zipo and other such weapons called life reserves, machinery for making arms, other than category II, and any other arms which the Central Government may notify under Section 4.

 

Nil

VI.

 

 

VI

(a)            1[Articles containing explosives or fulminating materials; fuses and friction tubes other than blank fire cartridges]

 

 

 

 

 

 

VI

b.    Ingredients as defined in Section 2 (1) (b) (VII)

 

Note: -

Parts and accessories of any arms or ammunition and charges for firearms and accessories for charges to the same category as the arms of ammunition.

 

1.        Subs. by G.S.R. 994   (E), dated 19-12-1990.


1[SCHEDULE-II

                                                

 

Item No.

Purpose

Categories of arms/ammunition as defined in Schedule

Place/Class of persons

Licensing Authority

Area for which Licence can be granted

Renewing Authority

Form No.

Conditions

1.

Acquisition/ Possession / Import and transport.

1 (a) II

Whole of India

Central Government in the Ministry of Home Affairs

Whole of India or any specified Area

Central Government in the Ministry of Home Affairs

I

-

2.

Acquisition and possession only

III (b), III (c), III (d), V, VI

District or any specified area.

District Magistrate

Throughout the District or his area of jurisdiction or any specified part of his jurisdiction

District Magistrate

II

-

2[3

 

 

Acquisition/ Possession/ Carrying and use for protection/ sport/ Target practice/ display

(a)  1b, III (c), III (d), V, VI

 

 

 

Whole of India

 

 

 

 

 

Central Government in the Ministry of Home Affairs.

 

 

Whole of India or any specified Area

3[District Magistrate

II

 

 

 

-

 

 

 

 

(b)  1(d), III, V, VI

(i) District

District Magistrate

Throughout the area of jurisdiction or any specified part of his jurisdiction

District magistrate

III/IV

-

 

 

 

(ii) State

District Magistrate

Whole of the State any specified part thereof

District Magistrate

III/IV

-

 

 

 

(iii) Whole of India

State Government

Whole of India or any specified Area

District Magistrate

III/IV

Note: In case of target practice premises for target practice to be specified in licence on Form IV

 

 

 

 

 

 

(c) III

(a) In case of person residing in Nepal

Ambassador of India in Nepal

India or any specified part thereof.

Same as licensing Authority or any other authority empowered to grant a licence of the description. 

 

III

-

 

 

 

(b) In case of persons residing in Bhutan

Ambassador of India in Bhutan

India or any specified part thereof.

Same as licensing Authority or any other authority empowered to grant a licence of the description. 

 

III

-

 

 

 

(c)  In case of tourist defined in section 10 (1) (b) if the place of arrival of the tourists is:

 

 

 

 

 

 

 

 

 

 

(i) Jammu and Kashmir

(i) State Government or an officer specially empowered by the Government

(i) India or any specified part thereof.

No renewal

III

The licence shall be valid for a period of six months only and granted only for the purpose of sports and possession

 

 

 

 

(ii) Any other place in India

(ii) Head of the Mission or Head of Chancery in the country notified under section 10 (1)   (b) to which tourist belongs, or District Magistrate or any other officer specially empowered by the Central Government. 

 

(ii) India or any specified part thereof.

No renewal

III

The license shall be valid for a period of six months only and granted only for the purpose of sports and possession. 

 

 

(d) 1 (b), 1 (c). 

In case of retainers of exemptees.

Central Government in the Ministry of Home Affairs.

India or any part thereof

State Government or any officer specially empowered by the State Government in this behalf.

 

 

 

 

 

(e), 1 (d), III, V, VI.

In case of retainers of exemptees.

 

 

 

 

 

 

 

 

 

 

(i) District

District Magistrate

Throughout the District or his area of jurisdiction or any specified part of his jurisdiction.

 

District Magistrate

II-A

-

 

 

 

 

(ii) State

District Magistrate

Whole of the State or any specified part thereof.

 

 

District Magistrate

III-A

-

 

 

 

 

(iii) Whole of India

State Government

Whole of the State or any specified part thereof.

District Magistrate

III-A]

-

 

4.

Acquisition/ possession and carrying for destruction of wild animals, which do injury to human beings, cattle, and for protection of crops and cattle.

III (b), III (c), III (d), V. 

District or any specified area.

District Magistrate or any officer specially empowered by the State Government in this behalf.

Throughout the district or his area of jurisdiction or any specified part of his jurisdiction.

Same as licensing Authority.

IV/V

The licence shall be granted in the propriate form to the purpose for which it is applied.

 

5.

Carrying on journey in or through any part of India.

All

(i) In Jammu and Kashmir

(i) State Government.

 

 

 

 

 

 

 

 

(ii) In other  

      Places.

(ii) District Magistrate, Sub-Divisional Magistrate specially empowered by the State Government. 

 

India or any specified part thereof.

No renewal.

VII

-

 

 

 

(iii) In case of person residing in Nepal.

(iii) Ambassador of India in Nepal.

India or any specified part thereof.

 

No renewal.

VII

-

 

6.

Temporary possession by bona fide travelling visiting India.    

1 (c), II, V. 

At place of arrival:

(i) State Government of any officer specially empowered by that Government.

 

India or any specified part thereof.

No renewal

VIII

-

 

 

 

(ii) Elsewhere in India.

(ii) District Magistrate or any officer empowered by the State Government.

India or any specified part thereof.

No renewal

VIII

-

-

 

7.

Manufacturing, Conversion, Shortening, Repair, Test, (other than proof test), Sale transfer, conversion or test of arms and ammunition.   

 

(a) All

Throughout India

(a) Central Government in the ministry of Home Affairs.

Within the premises to be specified in the licence.

State Government

VIII

-

 

 

(b) V, VI.

Throughout India

(b) District Magistrate or any other officer specially empowered by the State Government / Administrator of Union Territory. 

Within the premises to be specified in the licence.

(b) Same as licensing Authority. 

IX

-

8.

Conversion (except firearms), repairs or test (other than proof-test), transfer, sale, repair test or

 Transfer.  

1 (b), 1 (c).  

Throughout India.

Central Government in the Ministry of Home Affairs.

Within the premises to be specified in the licences.

State Government.

XI

-

 

9.

Conversion (except firearms), repairs or test (other than proof test), transfer, sale, repair or test or transfer.

I (d), III, V, VI

State

State Government

Within the premises to be specified in the licence.

State Government

XI

-

10.

Conversion of ingredients of ammunition into explosives/ or transfer.

VI (b)

(i) In Jammu & Kashmir

State Government

Within the premises to be specified in the licence.

State Government

XI

-

 

 

 

 

(ii) In other places

District Magistrate or any officer specially empowered by the State Government.

 

Within the premises to be specified in the licence.

Same as the Licensing authority.

XI

-

 

11.

Sale, Transfer or test I and I (b) (c) other than proof- test), and keeping for sale, transfer or test. 

 

 I (b) and I (c)

Throughout India.

State Government.

Within the premises to be specified in the licence.

State Government

XII

-

 

12.

Sale, transfer or test other than proof-test), and keeping for sale, transfer or test.    

 I (d), III, V

State

State Government.

Within the premises to be specified in the licence.

State Government.

XII

-

13.

Sale, transfer or test other than proof test), and keeping for sale, transfer or test. 

III (c), III (d), V, VI. 

State

State Government or any officer specially empowered by the State Government.

Within the premises to be specified in the licence.

Same as licensing authority.

XII

-

 

14.

Keeping for sale custody.

All

State

State Government or any officer specially empowered by the State Government.

 

Within the premises to be specified in the licence.

Same as licensing authority.

*XIV

* To be given only to holders of a licence in any of the Forms IX, XI, XII and XIII.

 

15.

Import by see or air.

(a) I(b), I(c), I(d).

(a) At any customs port in India.

(a) Central Government in the Ministry of Home Affairs.

 

No renewal

I

 

 

 

(b) III, IV, V, VI

(a) At any customs port in India.

(b) District Magistrate in whose jurisdiction the port lies.

 

 

No renewal

XV

 

 

 

(c) Sulphur

(a) At ports Kakinada, Tuticorin & Cochin.

(d)  State Government in* Tamilnadu, Andhra Pradesh or Kerala. 

 

 

 

No renewal

XV

*In reasonable quantities for medical, agricultural or industrial purposes.

16.

Import by land or river

(a) I (b), I(c), I (d)

(a) Throughout India

(a) Central Government in the Ministry of Home Affair. 

 

No renewal

I, XV, XVI

 

 

(b) III, IV, V, VI

(i) In Jammu and Kashmir

(b) (i) State Government

-

 

 

 

 

 

(ii) Any other place.

(ii) District Magistrate

-

 

 

 

 

 

17.

Export by sea or air to foreign territory including Common wealth countries.

(a) All

From any customs port in India to a port in a Foreign Territory.

(a) Central Government in the Ministry of Home Affairs or any officer specially

 

No renewal

XVII

Subject to the condition that the licensing authority is satisfied that (i) the arms are not meant for sale or

 

 

 

 

Empowered by the Central Government in the Ministry of Home Affairs.

 

 

 

For military purpose but are meant for the personal use of the consignee, and (ii) any rifles

 

 

(b) III (b), III (c), III (d), IV, V, VI. 

From any customs port in India to a port in port in a Foreign Territory.

Government of the State is situated.

 

No renewal.

 

or parts of or fittings for rifles are included in good faith for sporting purpose only Subject

 

 

(c) III (b), III (c), III (d), IV, V, VI. 

From any customs port in India to a port in the Common wealth.

District Magistrate

-

No renewal

XVII

to the condition (ii) above.

18.

Export by land or river.

(a) All

To any place out side Indian

(a) Central Government in the Ministry of Home Affairs, or any officer specially

 

 

 

 

 

 

No renewal

XVIII

-

 

 

 

 

empowered for the purpose by the Central Government in the Ministry of Home Affairs.

 

 

 

 

 

 

 

 

 

 

 

 

(b), III, V, Sulphur or Chlorate required for manufacturer of matches, Bengal lights and paper caps for toy pistol;   

Sikkim

Sikkim Police Bhutan

 

Commissioner

 

Representative of India in 

 

Renewal

XVII

Subject to previous sanction of the Central Government in the Ministry of Home Affairs in respect of categories II and I.

19.

Export and re-import transport and re-export

(a)  I (a), I (b), II

(a) Between one part of India to another

(a) Central Government in the Ministry of Home Affairs.

-

No renewal

XIX

-

 

 

(b) I(c), I (d), III (b).

(b) Between one part of India to another

(b) Central Government in the Ministry of Home Affairs, or an officer specially empowered for the Central Government in the Ministry of Home Affairs. 

 

No renewal

XIX

-

 

 

(c) III (a), III (c), III (d), IV, V, VI. 

(c) From any place in Nepal.

(b)  Ambassador of India in Nepal.

 

 

No renewal

XIX

-

20.

Transport

(i) I (b), I (c), I (d), III, IV, V, VI.

In Jammu and Kashmir

(i) State Government

-

No renewal

XX

_

 

 

 

(ii) In other places.

District Magistrate

-

No renewal

XX

_

21.

Import into, possession and transport out of India by His Majesty the King of Nepal, personal complying him, his brothers, the Prime Minister of Nepal and Nepal Government’s forces and polices.     

All

 

 

 

 

 

 

 

 

 

 

 

 

 

Nepal

Ambassador of India in Nepal

-

No renewal

XXI

Subject to confirmation by Central Government in the ministry of Home Affairs. 

22.

Import in to, possession (without use )for the duration of his journey in transport across and export out of India by bona fide travellers of their personnel arms and ammunition passing India. 

I (b), I(c), I (d), III, V, VI

-

   District Magistrate or any officer specially empowered by the Central Government in the Ministry of Home Affairs or in the case of persons residing in Nepal by the Ambassador of India in Nepal.

       

No renewal

XXII

-

 

23.

Acquiring, possessing during the course of his stay in (but not use) and carting in, and export out of India

III, IV, V (Country made weapons only

-

District Magistrate or any officer specially empowered by the State Government

-

Same as licensing authority

XXII

-

 

1.       Subs. by G.S.R. No. 52(E), dated 24-1-1989.

2.       Subs. by G.S.R. No. 404 (E), Dated 28-3-1990.

 3.       Subs. by G.S.R. No. 755(E), dated 18-10-1994.

 

SCHEDULE III

FORM I

FEE: RUPEES TEN ONLY

Licence for-

   (a) Acquisition, possession import and transport of firearms or ammunition of categories I (a) and II; and

  (b) Import of firearms and ammunition of categories 1(b), I (d).

Name

Description residence of licensee and agent (if any)

Number of

Packages

Description

With specification of caliber of artillery or other articles

Number of

Articles

Columns to be filled in case of import transport

Period for which the licence is valid

Use to which articles are put.

 

 

 

Place of despatch

Place of destination

Name, description and residence of consignee

1

2

3

4

5

6

7

8

9

                    Form……………………………..…

To. …………………………………

The

Of

19

Date on which a copy is sent to—

(1)   The District Magistrate of……………………… District.

(2)   The Government of the State of Jammu and Kashmir.

 

The

Of

19

 

 

Signature and designation of the officer specially empowered to sign the licence under Rule 4

 

 

 

(SEAL)

 

(Signature)

Secretary Joint Secretary to the Govt. of India, Ministry of Home Affairs.

FORM OF RENEWAL OF THE LICENCE

Date and year renewal

 

 

Date on which renewed licence Expired

 

Name (in capital)/ Signature and designation of renewing authority

                         Seal 

 

 

CONDITIONS

 

1.       This licence is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rules, 1992.

2.       It covers only the arms and ammunition specified in columns 2, 3 and 4 and for the purposes shown in column 9.

            3.       In case of import or transport-

(a)     An account of each package shall be legibly written thereon;

(b)    Bulk shall not be the be broken before the articles reach the place of destination;

(c)    The articles shall be delivered only to a person lawfully entitled to receive them.

 

4.        In cases of transport by rail, each package shall be marked with words Firearms, Category I or Firearms II, as the case may be, in such manner as to be readily recognizable by the railway authorities.

 

5.          In the case of possession, the licensee shall-

 

(a)              On demand by an authorised officer produce the firearms possessed under the licence,

 

(b)       Not sell or transfer any firearm or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them,

 

(b)             Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by this licence, and

 

(c)              Give prior information to the licensing authority concerned of his intention to break up or dispose of any firearms or ammunition or any part thereof (otherwise than as, mentioned in the note below), failing which proof of the articles having been broken up or disposed of, will have to be furnished to the satisfaction of the licensing authority.

 

6.        The authority granting or renewing the licence has the right to enquire at any time during the currency of the licence, whether the weapon for which it has been granted, is shall in the licensee, and may require the production of the weapon for the purpose of such an enquiry.

    

 Note. – Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forth with inform in writing the District Magistrate having jurisdiction or the officer –in –charge of the nearest police station, of such sale or transfer together with the particulars of the firearms and ammunition and the persons to whom they have been sold or transferred (Section 5 of the Arms Act, 1959). Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine which may extend to Rs. 500, or with both [Section 25(3) of the Act,]  

 

 

FORM-II

Licence for acquisition and possession of arms or ammunition of Categories III(b), III(c), III(d), V or VI

 

FEE: FREE OF FEE

 

Name, description and residence of licence and agent (if any)

Number and description of arms

Ammunition

Place (with description) where articles are to be kept

Period for which the licence is valid

Description

Quantity

1

2

3

4

5

6

The

Of 19

Seal

 

(Signature)

 

 

 

 

Licensing Authority …………………………………

 

 

 

 

Destination  ………………………………………..

 

 

 

 

Place    …………………………………………….

 

 

Form of Renewal of Licence

Date and year of renewal

Date on which renewed licence expired

Name (in Capital/ Signature and designation renewing authority

SEAL

 

CONDITIONS

 

1.        This licence is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rules, 1962.

 

2.        It covers only the arms or ammunition specified in columns 2, 3 and 4, so long as they are kept in the place described in column 5, but does not authorize the licensee-

 

(i)        to carry arms;

(ii)       to keep Government arms or ammunition.

 

Explanation. -For the purposes of this condition-

 

(a)       “Government arms” means a firearm or other weapon which is the property of Government; and

 

(b)       “Government ammunition” means ammunition manufactured in any Government factory or prepared for and supplied to Government other than such ammunition as may be released by Government for civilian use.

 

3.      Condition 2 (ii) may be cancelled by the authority granting the licence if empowered to do so by the Central Government, and an endorsement added showing the Government arms or ammunition, which the licensee is authorized to possess.

 

4.        The licensee shall-

(a)       On demand by an authorized officer produce the arms possessed under the licence;                                                             

 

(b)       Not sell or transfer any arms or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them;

 

(c)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by this licence; and

 

(d)       Give prior intimation to the licensing authority concerned of his intention to break up or dispose of any firearms or ammunition or any part thereof (otherwise than as mentioned in note below); failing which proof of the articles having been broken up or-disposed of will have to be furnished to the satisfaction of the licensing authority.

 

5.        The authority granting or renewing the licence has the right to enquire at any time during the currency of the licence, whether the weapons for which         it has been granting is still in the possession of the licensee, and may require the production of the weapon for the purpose of such an enquiry.

 

6.        Where a licence in this form is granted for the possession of potassium chlorate by an educational institution, the following further conditions shall apply;

 

(a)       The quantity of chlorate stored should be the minimum required for laboratory purposes as certified by the head of the institution to the licensing authority.

 

(b)       The stock of chlorate possessed should be kept in a well-made cupboard or almirah under lock and key under the control and supervision of a responsible member of the staff and the place where the chemicals are kept should be adequately secured.

 

(c)       Accounts of issues and balances of chlorate possessed should be kept and checked with the actual stock at frequent intervals by a responsible member of the staff.  The account book should be available for inspection on demand by any magistrate or any police officer of a rank not below that of Inspector.

 

7.        Chlorates shall be kept in a building constructed of uninflammable materials only and separated from any dwelling-house, other building highway, street, public thoroughfare or public place by a distance not less than 10 feet:

 

Provided that where the total quantity stored does not exceed 100 kgs., chlorates may be kept exclusively in a closed and secured receptacle placed in a building used for the keeping of other articles not being of an explosive or highly inflammable nature.

 

  8.      Sulphur shall not be kept in the same room with saltpetre in the premises specified in column 5:

 

Provided that where the quantity of each does not exceed 100 kgs., sulphur and saltpetre can be kept in separate closed receptacles in the same room.

 

9.        No person shall smoke and no open fires shall be allowed at any time in the premises specified in column 5, or in the vicinity of the receptacles mentioned in provisos to conditions 7 and 8.

 

10.      Where any building used for storage of such materials is fitted with electric fighting or power, the licensee shall get these installations tested at least once a year or once during the currency of the licence by an Electrical Inspector appointed under the Indian Electricity Act, 1910, or if these installations are in Sikkim by an authority notified in this behalf by the State Government of Sikkim to ensure that there is no danger of fire or sparking.

 

11.      Any accident, fire or explosion occurring within the premises specified in column 5 which is attended with loss of human life or serious injury to person or property shall be reported at once by the licensee to the officer-in-charge to the nearest police station having jurisdiction over the premises as well as to the Inspector of Explosives of the circle concerned.

 

Note. -Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station of such sale or transfer together with the particulars of the firearms and ammunition and the person to whom they have been sold or transferred (Section 5 of the Arms Act, 1959).  Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs. 500, or with both [Section 25 (3) of the Act].

 

FORM III

          

I.

The fees payable in respect of the initial grant and each subsequent year of grant for renewal of licence in this form shall be at the following annual rates:

Licence for the acquisition possession and carrying of arms or ammunition for port/protection/display*

 

 

Class of weapon

For initial year of grant

For each subsequent year or fraction of year of grant or renewal.

 

 

Rs.

P.

Rs.

p.

* The inappropriate terms(s) should be deleted. The word “Tourist” shall be stamped across a licence issued under Entry 3(g) of Schedule II.

(a)

Pistol, revolver and repeating rifles

10

-

5

-

(b)

Rifles other those mentioned in (a) and (c). 

6

-

3

-

(c)

.22-bore rifle (low velicity firing rimmed cartridge, B.L. gun and air rifle.

4

-

3

-

(d)

M.L., gun, sword, bayonet, dagger and spearlance.  

1

-

-

50

 

(e)

Weapon of category V other than those mentioned in (d).

 

-

 

 

 

 

II.               The reduced fees for renewal will ordinary by available only if application for renewal is made within one month after the date of expiry of the licence and if application is not made within that period, the licensing authority may, in his discretion, levy:

 

(a)       Full fees as for initial grant of the licence; and

 

(b)       If he is satisfied that the delay is not justified or excusable, nor serious enough to warrant revocation of the licence or prosecution of the licences, a late fee not executing the amount of the licence fee, if ee is charged, or Rs. 5 in other cases, unless he considers it not necessary to renewal the license.

III.      Where a licence in this form is granted or renewed for a period exceeding one year, the fee shall be calculated at the rates prescribed in paragraph I above, fractions of a year being reckoned as one whole year for the purpose

 

Provided that the fee shall be-

(a)       The actual rates prescribed in para I for initial grant in respect of the first year; and

(b).      The annual rate prescribed in para I for renewal in respect of each year or part thereof beyond

 

FORM III -(Contd.)

  Serial number of licence

  Name, Description and residence of     Licencee.

Arms and ammunition the licence is

 entitled to possess

Name, father’s name and address of retainer  (if any) covered by the licence

Arms and ammunition that retainer is entitled to possess

Area within which the licence is valid

1[u1] [Date on which licence expires

 

 

Date on which the licence or the arms or both shall be produced for inspection before licensing authority under Rule 25(2).  

 

Quantity and description of each kind of ammunition

Arms

 Ammunition

Description of each weapon with details, e.g., identification marks, register number, etc.  

Maximum to be possessed at any one time

Maximum to be purchasable during the year.

 

 

1

2

3

4

5

6

7

8

9

10

11

 

The

Of      19

Signature and destination of the officer specially empowered to sign the licence under rule 4.

SEAL

[Name (in capital)/Signature of licensing authority

Designation …………………………………

Place  ……………………………………….

Or

Signature of the officer specially empowered to sign the licence under rule 4.

Designation ……………………………….

Place   ……………………………………

 

1.        Subs. by G.S.R. 404(E) dated 28-03-1990. 

 

Provided that where a licence is granted in Form III, IV, V, or VI, for possession of arms to be acquired by the licensee subsequent to the grant of the licence, the authority granting the licence shall at the time of granting the same, direct that within a period specified by him in this behalf which he may, from time to time extend, the arms, covered by the licence shall be acquired and that the licence or the arms or both shall be produced for his inspection, and if  within the period so specified or executed the licensee fails to acquire the arms and to produce the licence or the arms or both, the licence shall cease to be in force.

 

          

FORM OF RENEWAL OF LICENCE

Date and year of renewal

Date on which renewed licence expires

Signature and designation Renewing  Authority

SEAL

 

 

 

CONDITIONS

 

(1)       This licence is granted subject to all the provisions of the Arms Act, 1950, and of the Arms Rules, 1962.

(2)       It covers only the person named, and the arms or ammunition described therein and such retainers (if any) as may be entered in column 6:

 

Provided that if the licensee is a recognized shikar agent in possession of a certificate to that effect from the Central Government, he shall be able to lend his weapons covered by his licence for use by any foreign tourist accompanying him and in possession of a shooting licence under the local games rules, valid for the area where shooting by the later is intended:

 

Provided further that if the licensee shall be able to lend his weapon temporarily for a period not exceeding a fortnight for the purpose of sport only to a person lawfully entitled to possess such type of weapon and subject to the conditions that: -

 

(a)              The weapon is used by the borrower in the presence of the licence holder or under his written authority, which shall show the number and other identification marks of the weapon and the period for which it is lent.

 

(b)             In the event of the weapon being misused by, or stolen or lost due to the gross negligence of the borrower, the licence thereof shall be liable to be revoked; and

 

(c)             The borrower shall, on demand produce proof of such lending.

 

(1)       If the licensee is a bona fide foreign tourist, the word “Tourist” shall be stamped on his licence by the licensing authority.

 

(2)       This licence is valid to the extent specified in column 9 subject, in the case of a licence having effect in any area outside the State in which it is granted or renewed, to any restrictions which may be imposed in such area by any general or special order of the Central Government.

 

1[4-A.  A licensee having an arms licence valid throughout India, Who carries the licensed weapon or weapons to any place outside the State where he normally resides, shall, within 48 hours of his arrival at such place, intimate in writing to the officer in charge of the police station or the Superintendent of Police having jurisdiction over that place, the fact of his arrival at that place and the particulars of any such weapon.]

 

5.        The licensee or any retainer acting under this licence shall not carry any arms covered thereby otherwise than in good faith for the purpose of sport/protection/display; and, save where he is specially authorised in this behalf by the District Magistrate concerned, he shall not take any such arms to a fair, religious procession or other public assemblage, or within the campus or precincts of any educational institution.

 

6.        The licensee, at the time of purchasing any arms or ammunition shall cause the following particulars to be endorsed upon his license under the vendor’s signature, namely:

 

(a)       The name, description and residence of the person who takes delivery of the articles purchased;

(b)       The nature and quantity of the articles purchased; and

(c)       The date of purchase;

 

and if the arms or ammunition are purchased from any person other than a licensed dealer, shall also cause the particulars specified in clauses (b) and (c) to be furnished in writing to the authority who granted this licence within such period as may be prescribed for this purpose by such authority.  No purchase of ammunition shall, however, be permitted except on a written certificate, from the licensee certifying that with the amount proposed to be purchased, the total quantity of ammunition in his possession will not exceed the maximum which he is entitled to possess at any one time, or Ws total allowance for the year.

 

7.                                                           He shall not purchase ammunition of any kind in excess of the maximum, which may, from time to time, be fixed by the Central Government.  Such maximum may be prescribed both for the amount purchasable in a calender year and for the amount that may be possessed at any one time.  If, however, a licensee exhausts the total quantity of ammunition purchasable in a year earlier that the close of the year, he may for good and sufficient reasons be given a temporary increase in the total quantity purchasable at the discretion of the licensing authority.

 

8.                 He shall not possess Government arms and ammunition.

 

Explanation. -For the purpose of this condition-

 

(a)       “Government arm” means a firearm or other weapon, which is the property of the Government;

        

(b)  “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government other than such ammunition as may be released by Government for civilian use.

9.        The licence shall-

(a)       On demand by an authorised officer produce the arms possessed under this licence;

 

(b)       Not sell or transfer any arms or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them;

 

(c)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by this licence; and

 

(d)       Give prior intimation to the licensing authority concerned of his intention to break up or dispose of any firearms or ammunition or any part thereof (otherwise than as mentioned in note below); failing which, proof of the articles having been broken up or disposed of will have to be furnished to the satisfaction of the licensing authority.

 

10.      Condition 8 may be cancelled by the authority granting the licence if empowered to do so by the Central Government, and an endorsement added showing the Government arms or ammunition, which the licensee is authorised to possess.

 

11.      Where the licence is granted for the purpose of sport, the licensee or any retainer or any foreign tourist or other person referred to in the proviso to condition 2 or any other person using the weapon under the licence shall observe such close season as may be prescribed by the State Government concerned in respect of the game-birds and animals.

 

12.     (a)        The licensee may, at his option, apply to the nearest authority having jurisdiction for renewal of the licence and when it becomes necessary.

 

 (b)      If a person who holds a licence in Form III changes his place of residence permanently, or temporarily for more than thirty consecutive days, and carries with him the weapon covered by the licence, to a place other than that indicated in column 2 of the licence, he shall, within thirty days of such change send intimation about such change to the licensing authority of the place of his new residence as well as to the authority which granted the licence or last renewed it as the case may be; and shall, on demand, forthwith produce the licence and the weapon to the first mentioned authority for making necessary entry in the licence to indicate therein the particulars of the new residence of the licensee.

 

13.      Without prejudice to the voidance of this licence for breach of any of the foregoing conditions, it shall be void if-

 

(a)       The licensee dies, or

(b)       Any weapon-covered thereby-

(i)        Is sold, or transferred; or

(ii)       Is attached in execution of a decree

 

Provided that where a weapon is sold or transferred, the licensing authority may permit the holder of the licence to acquire a fresh weapon of the same description within such period as may be specified by him in this behalf and subject to-

 

(a)       The production of the weapon so acquired or the licence or both before the aforesaid licensing authority for inspection as required under sub-rule (2) of Rule 52; and

 

(b)       Payment of the prescribed licence fee in respect of the weapon so acquired.

 

14.      The authority granting of renewing the licence has the right to enquire at any time during the currency of the licence whether the weapon or weapons for which it has been granted is or are still in the possession of the licencee and to require its or their production for the purposes of such enquiry. 

 

Note: -

 (1)      Any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act.).   

 

(2)       Licensee are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer, together with the particulars of the firearms and ammunition and the person to whom they have been sold or transferred (Section 5 of the Arms Act, 1959).  Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs. 500, or with both (Section 25 (3) of the Act).

 

FORM III-A

 

Licence for possession and carrying by a retainer of arms or ammunition for the purpose of ort/protection/display

FEE: FREE OF FEE

 

Serial No. of licence

Name, Description and residence of person exempted under Section 41, who has nominated the licence.   

Name and residence

of licencee

Name and residence of father of licencee

Arms or ammunition that licensee is entitled to possess and carry

Area of validity of licencee, i.e. throughout India, State or District

Date on which licence expires (or the date on which the person specified in column 2) ceases to be exempted under section 41 (whichever is earlier)

Brief description of each weapon a with details, e.g. identification marks, register No., etc.  

Quantity and description of each kind of ammunition

1

2

3

4

5

6

7

8

The

Of                     19

Signature and designation of the officer specially empowered to sign the licence under rule 4.

SEAL

[Name (in capital)/ Signature of licensing Authority ………

Designation ………………………………….

Place ……………………………………….

Or

Signature off the officer specially empowered to sign the licence under rule 4.

Designation ……………………………………

Place …………………………………………

 

Date and year of renewal

Date on which renewed licence expired

Signature and designation of Renewing Authority

SEAL

          

CONDITIONS

 

1.        This licence is granted subject to all the provisions of the Arms Act, 1959, and of the Arms Rules, 1962.

 

2.        It covers only the person named in column 3 of this licence and the arms or ammunition described in columns 5 and 6.

 

3.        This licence is valid to the extent specified in column 7, subject in the case of a licence having effect in an area outside the State in which it is granted or renewed, to any restrictions which may be imposed in such area by any general or special order of the Central Government.

 

I[3-A.  A licensee having an arms licence valid throughout India who carries the licensed weapon or weapons to any place outside the State where he normally resides, shall, within 48 hours of his arrival at such place, intimate in writing to the officer in charge of the police station or the Superintendent of Police having jurisdiction over that place the fact of his arrival at that place and the particulars of any such weapon.]

 

 4.       This licence shall only be granted to a person nominated in that behalf and certified to be his own retainer by a person exempted under Section 41 of the Act, and it shall only be granted in respect of the arms or ammunition specified in this behalf by, and being the property of, such exempted person.

 

5.        The grant/renewal of this licence is subject to the condition that it shall expire on the date on which the person specified in column 2 of this licence ceases to be exempted under Section 41 of the Act where such date is earlier than the date on which it would otherwise expire in the normal course.                                                                                                                                 

 

6.        The licensee shall not carry any anus covered by this licence otherwise than in good faith for the purpose of sport/protection/display; and save where he is specially authorized in this behalf by the District Magistrate concerned, he shall not take any such arms to a fair, religious procession or other public assemblage 1[or within the campus or precincts on any educational institutions.

 

7.        The authority granting or renewing the licence has the right to inquire at any time during the currency of the licence, whether the weapon for which it has been granted is still in the possession of the licensee and to require its production for the purposes of such enquiry.

 

Note. -Any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act).

1.         Ins. by G.S.R. No. 1959. Dated 27-11-1980.

FORM III-B

 

PERMIT

 

Shri  ………………………………son of  …………………………………………village/town ……………………………….   district  …………………………….is hereby appointed to be an armed retainer of the company ………………………………… entitling him to possess, carry and use, for all lawful orders, issued by me as a representative of the company, the following arms or ammunition covered by the said licence:

 

Arms                                                                                                    Ammunition

 

 

 

 

 

 

 

Shri  …………………………………..must carry this permit with him when carrying the arms or ammunition; he shall not carry the arms or ammunition to an area not covered by the licence.

 

                      Signature …..…………………………………………………………

Dated ……                                               Dated Designation and full address of the company…………………

                         Holder of licence  ……………………………………………………

           No …………….. ..…………………………………………………

                      Valid for the period …………………………………………………

 

           Signature or thumb-impression and

           identification marks of the retainer.

 

FORM IV

FEE:    FREE OF FEE

Licence for the acquisition/ possession and carrying of arms or ammunition for destruction of wild animals, which do injury, to human beings or cattle.

Name, description

and residence

of licensee

Brief

description of

each weapon

with details

e.g.,

registered No.

and

identification

marks

Arms and ammunition

Place or area

for which the

licence is

granted

Specification

of the wild

beasts which

are permitted to be

Destroyed

under this

licence

*Period for

which the

licence is

valid

Title and residence

of Magistrate to

whom licence and

weapon must be

shown between the 15th November

and 31st December

of each year

Date on which

the licence or the arms or both shall be produced for

inspection before

the licensing

authority under

rule 52 (2)

Quantity and description of

each kind of ammunition

Maximum to  be possessed

at any one

time

 

Maximum

purchasable

during the

year

1

2

3

4

5

6

7

8

9

 

The

Of              19

Signature and designation of the officer specially empowered to sign the licence under rule 4.

 

Signature of licensing  Authority

Designation      …………………………………..

Place               ……………………………………

 

 

 

*Provided that where a licence is granted in Form III, Form IV, Form V or Form VI for the possession of arms to be acquired by the licensee subsequent to the grant of the licence, the authority granting the licence shall at the time of granting the same direct that within a period specified by him in this behalf, which he may from time to time extend, the arms covered by the licence shall be acquired and that the licence or the arms or both shall be produced for his inspection and if within the period so specified or extended, the licensee fails to acquire the arms and to produce the licence or the arms or both, as the case may be, the licence shall cease to be in force on the expiry of such period.

 

FORM OF RENEWAL OF THE LICENCE

 

Date and year of renewal

Renewing Authority

Date on which renewed licence expires

Name (in capital)/Signature and designation of renewing authority

SEAL

 

 

 

 

 

 

 

 

 

CONDITIONS

 

1.        This licence is granted subject to all the provisions of the Arms Act, 1959, and of the Arms Rules, 1962.

 

2.        Once every year, between the 15th November and the 31st December, the licensee shall produce this licence and every weapon covered thereby before the Magistrate referred to in column 8.

 

3.        He shall not keep Government arms or ammunition.

 

Explanation-For the purposes of this condition-

 

(a)       “Government arm” means a firearm or other weapon which is the property of the Government; and

 

(b)       “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government other than such ammunition as may be released by Government for civilian use.

 

4.        He shall not carry any arms covered by this licence otherwise than in good faith for the destruction of wild animals which do injury to human being or cattle, nor shall he take any such arms to a fair, religious procession or other public assemblage or to any considerable distance beyond the place or area entered in column 5 :

 

Provided that save where he is specially authorised in this behalf by District Magistrate concerned the licensee shall not carry any arms covered by the licence within the campus or precincts of any educational institution.

 

5.        Condition 3 may be cancelled by the authority granting the licence if empowered to do so by the Central Government and endorsement added  showing the Government arms or ammunition, which the licensee is entitled to possess.

 

6.        He shall not purchase or possess ammunition of any kind in excess of the maximum allowed under columns 3 and 4 of the licence or of the maximum, which may, from time to time, be fixed by the Central Government for the amount purchasable in a year and for the amount that may    be possessed at any one time.

 

 7.       At the time of purchasing any arms or animuni6on he shall cause the following particulars to be endorsed upon his licence under the vendor’s   signature namely:

 

(a)       The name, description and residence of the person who takes delivery of the articles purchased;

(b)       The nature and quantity of the articles purchased; and

(c)       The date of purchase,

 

and if the arms are purchased from any person other than a licensed dealer, he shall also cause the particulars specified in clauses (b) and (c) to be furnished, in writing, to the authority who granted this licence within such period as may be prescribed for this purpose by such authority.  No purchase of ammunition shall, however, be permitted except on a written certificate from the licensee certifying that with the amount proposed to be purchased the total quantity of ammunition in his possession will not exceed the maximum which he is entitled to possess at any one time, or his total allowance for the year.

 

8.        Without prejudice to the avoidance of this licence for breach of any of the foregoing conditions, it shall be void if-

 

(a)       The licensee dies; or

(b)       Any weapon-covered thereby-

(i)        Is sold or transferred, or

(ii)       Is attached in execution of a decree

 

Provided that where a weapon is sold or transferred, the licensing authority may permit the holder of the licence to acquire a fresh weapon of the same description within such period as may be specified by him in this behalf and subject to-

 

(a)       The production of the weapon so acquired or the licence or both before the aforesaid licensing authority for inspection as required under sub-rule (2) of rule 52, and

 

(b)       The payment of the prescribed licence fee in respect of the weapon so acquired.

 

9.        The authority granting or renewing the licence has the right to enquire at any time during the currency of the licence whether any weapon for which it has been granted is still in the possession of the licence and to require the production of the weapon for the purposes of such enquiry.

 

10.      The licensee shall-

 

(a)       On demand by the licensing authority or an authorized officer produce the weapons covered by this licence;

 

(b)       Not sell or transfer any arms or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them;

 

(c)       Forthwith give information at the, nearest police station of the loss or theft of any arms or ammunition covered by this licence

 

(d)       Give prior intimation to the licensing authority concerned of his intention to break up or dispose of any arms or ammunition or any and part thereof (otherwise than as mentioned in note below) failing which proof of the articles having been broken up or disposed of will have to be furnished to the satisfaction of the licensing authority.

 

Notes. -(a) any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act).

 

(2)       Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licenses possessed by them to any person they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer, together with the particulars of the firearms or ammunition and the person to whom they have been sold or transferred (Section 4 of the Arms Act, 1959).  Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs. 500, or with both Section 25 (3) of the Act.

 

FORM-V

Licence for the acquisition/ possession and carrying of arms or ammunition for the

protection of crops or cattle

FEE: FREE OF FEE

 

Name, description

and residence

of licensee

Name and description of

member of the licensee’s family or servant employed to watch crops or cattle residing with him, by whom the arms or ammunition covered by this licence may also be used  

 

Brief descriptions of each weapon with details e.g. registered No. and other identification marks

 

 

 

 

Arms and ammunition

Place or area

for which the

licence is

Valid

*Period for

which the

licence is

valid

Date on which

the licence or the

arms of both shall

be produced for

inspection before

the licensing

authority under

rule 52 (2)

 

Quantity and description of

each kind of ammunition

Maximum to  be possessed

at any one

time

Maximum

purchasable

during the

year

1

2

3

4

5

6

7

8

 

The

Of              19

Signature and designation of the officer specially empowered to sign the licence under rule 4.

 

Signature of licensing  Authority

Designation      …………………………………..

Place               ……………………………………

 

 

 

*Provided that where a licence is granted in Form III, Form IV, Form V or Form VI for the possession of arms to be acquired by the licensee subsequent to the grant of the licence, the authority granting the licence shall, at the time of granting the same, direct that within a period specified by him in this behalf, which he may be extended from time to time, the arms covered by the licence shall be acquired and that the licence or the arms or both   produced for his inspection, and if within the period so specified or extended, the licensee fails to acquire the arms and to produce the licence or the arms or both, as the case may be, the licence shall cease to be in force.

 

FORM OF RENEWAL OF THE LICENCE

 

Date and year of renewal

 

Date on which renewed licence expires

Name (in capital)/Signature and designation of renewing authority

SEAL

          

CONDITIONS

1.        This licence is granted subject of all the provisions of the Arms Act, 1959, and of the Arms Rules, 1962.

 

2.        The licensee shall not carry any arms covered by his licence otherwise than in good faith for destruction of wild animals which do injury to crops or cattle, nor shall he take any such arms to a fair, religious procession or other public assemblage or to any considerable distance beyond the place of area entered in column 6:

 

Provided that save where he is specially authorised in this behalf by the District Magistrate concerned the licensee shall not carry any arms covered by the licence within the cam us or precincts of any educational institution.

 

3.        He shall not lend any arms or ammunition covered by this licence to any person, other that a member of has family or servant who may be employed by the licensee to protect the corps or cattle situated in the area specified in the licence and who is mentioned in column 2 of the licence.

 

4.        The licensee shall-

 

(a)       On demand by an authorized officer produce the weapon covered by this licence;

(b)       Not sell or transfer any arms or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them;

 

(c)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by this licence; and

 

(d)       Give prior intimation to the licensing authority concerned of his intention to break up or dispose of any arms or ammunition or any part thereof otherwise than as mentioned in clause (b) above; failing which proof of the articles having been broken up or disposed of will have to be furnished to the satisfaction of the licensing authority.

 

5.        He shall not keep Government arms or ammunition.

 

Explanation. -For the purposes of this condition 7-

 

7.        “Government arm” means a firearm or other weapon which is the property of the Government; and

7.        “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government other” such ammunition as may be released by Government for civilian use.

 

6.        Condition 5 may be cancelled by the authority granting the licence if empowered to do so by the Central Government and an endorsement added      showing the Government arms and ammunition, which the licensee is entitled to possess.

 

7.        He shall not purchase or possess ammunition of any kind in excess of the maximum allowed under columns 3 and 4 of the licence or of the maximum, which may, from time to time, be fixed by the Central Government for the amount purchasable in a year and for the amount that may be possessed at any one time.

 

8.        At time of purchasing any arms or ammunition he shall cause the following particulars to be endorsed upon his licence under the vendor’s signature, namely 

 

(a)       The name, description and residence of the person who takes delivery of the articles purchased;

(b)       The nature and quantity of the articles purchased; and

(c)       The date of purchase;

 

And if the arms are purchased from any person other than a licensed dealer, he shall also cause the particulars specified in clauses (b) and (c) to be furnished in writing to the authority who granted this licence within such period as may be prescribed for this purpose by such authority.  No purchase of ammunition shall, however, be permitted except on a written certificate from the licensee certifying that with the amount proposed to be purchased the total quantity of ammunition in his possession will not exceed the maximum which he is entitled to possess at any one time, or his total allowance for the year.

 

9.        Without prejudice to the avoidance of this licence for breach of any of the foregoing conditions, it shall be void if,

 

(a)       The licensee dies, or

(b)       Any weapon-covered thereby-

(i)        Is sold or transferred; or

(ii)       Is attached in execution of a decree:

 

Provided that there a weapon is sold or transferred, the licensing authority may permit the holder of the licence to acquire a fresh weapon of the same description within such period as may be specified by him in this behalf and subject to-

 

(a)       The production of the weapon so acquired or the licence or both before the aforesaid licensing authority for inspection as required under sub-rule (2) of rule 52, and

(b)       The payment of the prescribed licence fee in respect of the weapon so acquired.

 

10.      The authority granting or renewing the licence has the right to enquire at any time during the currency of the licence whether any weapon for which it has been granted is still in the possession of the licensee and to require production of the weapon for the purposes of such enquiry.

 

11.      Where, after the end of any harvest season, the State Government considers it expedient that for the protection of wild life in any area, any firearm or ammunition licensed in this form should be deposited in a police station or with a licensed dealer, it may, by order, require any licensee to so deposit such firearm or ammunition for such period as the arms are not required for protection to crops or cattle and as may be specified therein, and thereupon the licensee shall be bound to comply with such order

 

Notes. -(1)      Any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act). 

 

(2).      Licences are warned that in case sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform inwritting the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer, together, with the particulars of the firearms and ammunition and the person to whom they have been sold or transferred (Section 15 of the Arms Act, 1959). Failure to give such information is punishable with imprisonment for a term, which may extend to Rs. 500, or with both [Section 25 (3) of the Act.]       

 

FORM VI

  Licence for acquisition, Possession and use, for purpose of target Practice Of firearms or ammunition.

 

FEE:  (Annual rates)

 

(a)

Pistol or revolver

Rs. 10

 

(b)

Rifle Other than those mentioned in (c)

Rs. 6

 

(c)

22-bore rifle (low velocity) farm rimmed cartridges, B.L. gun or air gun.

Rs. 4

 

(d)

M.L. gun or air gun

Rs. 1

 

 

 

Note. -For a Period exceeding one year a compounded fee shall be levied reckoning fractions of a year as one whole year.

 

Serial Number of licence

Name description  & location of mess, club or association

 

Arms and ammunition that licence is entitled to possess

Place within which the licence is valid

Date on which the licence expires

Date on which the licence or the arms of both shall be produced for inspection before the licensing authority under rule 52 (2)

 

Maximum to be possessed at any one time

Maximum purchasable during the year

1

2

4

5

5

6

7

 

Signature and designation of the officer specially empowered o sign the licence under rule 4.

 

 

Name (in Capital) / Signature of the licensing authority

 

Designation       ……………

Place              . ……………

Signature of the officer specially empowered to sign under rule 4).

Designation       ………………………………………….

Place               …………………………………………..

The

Of                    19

SEAL

 

 

 

 

*Provided that where a licence is granted in Form III, Form IV, Form V or Form VI for the possession of arms to be acquired by the licensee subsequent to the grant of the licence, the authority granting the licence shall, at the time of granting the same, direct that within the period specified by him in this behalf, which he may, from time to time, extend, the arms covered by the licence shall be acquired and that the licence or the arms or both shall be produced for his inspection, and if within the period so specified or extended the licensee fails to acquire the arms and to produce the licence or the arms or both, as the case may be, the licence shall cease to be in force.

 

FORM OF RENEWAL OF THE LICENCE

 

Date and year of renewal

 

Date on which renewed licence expires

Name (in capital)/Signature and designation of renewing authority

Signature and designation of the officer specially empowered to sign the licence under rule 4.

SEAL

1

2

3

4

5

 

1.        This licence is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rules, 1962.

 

2.         It covers only the mess, club or association named and the arms and ammunition described therein.

 

2-A.  Save where he is specially authorised in this behalf by the District Magistrate concerned, the licensee shall not carry any arms covered by the licence within the campus or precincts of any educational institution.

 

3.        The licensee shall, at the time of purchasing any arms or ammunition, cause the following particulars to be endorsed upon its licence under the vendor’s signature, namely:

 

(a)       The name, description and residence of the person who takes delivery of the articles purchased on behalf of the mess, club or association;

(b)       The nature and quantity of the articles purchased; and

(c)       The date of purchase;

 

and if the arms or ammunition are purchased from any person other than a licensed dealer, shall also cause the particulars specified in clauses (b) and (c) to be furnished in writing to the authority who granted this licence within such period as may be prescribed by authority for this purpose.  No purchase of ammunition shall, however, be permitted except. on a written certificate from the licensee certifying that with the amount proposed to be purchased the total quantity of ammunition in his possession will not exceed the maximum which he is entitled to possess at any one time, or his total allowance for the year.

 

4.        The mess, club or association shall not purchase or possess ammunition in excess of the quantities allowed under columns 3 and 4 of the licence or the maximum, which may, from time to time, be fixed by the Central Government for the amount purchasable in a year and for the amount that may be possessed at any one time.

 

5.        The mess, club or association shall-

(a)       On demand b y an authorized officer produce the weapons covered by this licence;

 

(b)       Not sell or transfer any arms or ammunition or any part thereof covered by this licence to any person not lawfully entitled to possess them;

 

(c)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by this licence; and

 

(d)       Give prior intimation to the licensing authority concerned of its intention to break up or dispose of any arms or ammunition of any Part thereof (otherwise than as mentioned in note below); failing which proof of the articles having been broken up or disposed of will have to be furnished to the satisfaction of the licensing authority.

6.        The licence does not authorise any member of the mess, club or association to keep Government arms or ammunition.

 

Explanation. -For the purposes of this condition-

(a)       “Government arms” means a firearm, or other weapon which is the property of the Government; and

 

(b)       “Government ammunition” means ammunition manufactured in a Government factory or prepared for and supplied to Government other than such ammunition as released by Government for civilian use.

 

7.        The Central Government or the State Government or in the State of Madras, Andhra Pradesh or Kerala, the Board of Revenue, may require any firearm or ammunition possessed by the mess, club or association to be registered in such manner as the Central Government or the State Government or the Board of Revenue may think fit.

 

8.        The authority granting or renewing the licence has the right to enquire at any thing during the currency of the licence whether the weapons for which it has been granted are still in the possession of the mess, club or association and to require the production of such weapons for the purposes of such enquiry.

 

Note. -Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer, together with the particulars of the firearms and ammunition and the person to whom they have been sold or transferred (Section 5 of the Arms Act, 1959).  Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs. 500, or with both [Section 25 (3) of the Act.]

 

Shri.......................……. must carry this permit with him when carrying the arms or ammunition; he shall not carry the arms or ammunition to an area not covered by the licence.

 

 

Signature …………………………………………….

Dated…..

Designation and full address of the Company ………………..

 

.…………………………………………………………….

 

Holder of the licence …………………………

 

No. …………………………………………

 

Valid for the period ……………………….

Signature or thumb-impression and

 Identification marks of the retainer

 

 

FORM VII

 

FEE:    ONE RUPEE PER WEAPON

 

Licence for carrying arms or ammunition on a journey in or through any of India

 

           Name Description and residence of licence and agent (if any)

Arms or ammunition that licencee is entitled to carry

Retainers (if any, covered by the licence)

Place of departure, route and place of destination.

Period which the journey is likely to occupy

Period for which the licence is valid

Brief description of each weapon with details, e.g., resister No., and other identification marks.

Quantity and description or each kind of ammunition. 

Name of retainer

Name of retainer’s father

Address of retainer

Arms or ammunition that retainer is entitled to carry

Description

Quantity

1

2

3

4

5

6

7

8

9

10

11

The

Of           19

SEAL

 

 

 

From the           ………………………………….

 

 

 

 

 

 

To the        ………………………………………

 

 

 

 

 

 

 

 

 

 

 

 

 

(Signature) ……………………………………….

 

 

 

 

 

 

Licensing Authority    ……………………………..

 

 

 

 

 

 

Designation             ……………………………….

 

 

 

 

 

 

Place                …………………………………..

 

CONDITION

       

           1.        This licence is granted subject to all the Provisions Of the Arm Act, 1959 and the Arms Rules, 1962.

 

2         It covers only the persons named, and the arms or ammunition described therein and such retainers (if any) as may be entered in column 4.

 

3.        The licensee or any retainer acting under this licence shall not, unless specially empowered in this behalf by the authority granting the licence, carry any arms to a fair, religious procession or other public assemblage, or within the campus or precincts of any educational institution.

 

4.        He shall not carry Government arms or   ammunition.

 

Explanation. -For the purposes of this condition-

 

(a)       “Government arm” means a firearm or other weapon which is the property of the Government; and

 

(b)       “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to the Government other than such ammunition as may be released by Government for civilian use.

5.        He shall-

 

(a)       On demand by any authorised officer, produce the weapons covered by this licence; and                                                      

 

(b)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by the licence.

 

Notes. - 

 (1)      Any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act).

 

(2)       Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer together with the particulars of the arms or ammunition and the person to whom they have been sold or transferred (Section 5) of the Arms Act., (1959).  Failure to give such information is punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs. 500, or with both [Section 25 (3) of the Act.]

 

FORM-VIII

FEE: ONE RUPEE FOR EACH WEAPON

 

Traveller’s (temporary) licence for the possession and carrying of arms or ammunition for the duration of his journey from the port or other place of his arrival in India to the place of his destination in India.

 

Name and description of licencee

Arms or ammunition that licensee is of licensee is entitled to possess to carry

Place of destination entitled

Period for which the is valid

 

 

Brief description of each weapon

Quantity and description of each kind of ammunition

 

5

1

2

3

4

 

 

The

 

Of

 

19

 

From the …………………… To the …………. 19

 

Date on which copy is sent to the District Magistrate of  …………….. District [vide sub-rule(2) of rule 17].

 

The

Of

19

(SEAL)

(Signature) …………………………

Licensing Authority …………………

Designation  ………………………..

Place ………………………………

 

FORM OF RENEWAL OF  LICENCE

Date and year of renewal

 

Date on which renewed licence expires

Signature and designation of the renewing authority

SEAL

1

2

3

4

CONDITIONS

1.        This licence is granted subject to all the provisions of the Arms Act, 1959, and of the Arms Rules, 1962.

 

2.        It covers only the persons named, and the arms or ammunition described therein.

 

3.        The licensee shall not, unless specially empowered in this behalf by the authority granting the licence, carry arms or ammunition to a fair, religious procession or other public assemblage or within the campus or precincts of any educational institution.

 

4.        He shall not carry Government arms or ammunition.

 

Explanation. -For the purposes of this condition-

(a)       “Government arm” means a firearm or other weapon which is the property of the Government; and

 

(b)       “Government ammunition” means ammunition manufactured in any Government factory or prepared for and an endorsement added showing the Government arms or ammunition, which the licence is authorised to possess.

 

5.        Condition 4 may be cancelled by the authority granting the licence if empowered to do so by the Central Government and an endorsement added showing the Government arms or ammunition, which the licensee is authorised to possess.

 

6.        He shall-

 

(a)       On demand by any authorised officer, produce the weapons covered by this licence;

 

(b)       Not sell or transfer any arms or ammunition or part thereof covered by this licence to any person not lawfully entitled to possess them; and

 

(c)       Forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by the licence.

 

7.        The licensee shall, on arrival at his destination, forthwith apply to the nearest licensing authority for a licence in Form II or Form III, as the case may be, in respect of the arms or ammunition described herein and shall at the same time deliver this licence in original to that authority.

 

Notes. –

(1)       Any breach of the conditions of this licence is punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to Rs. 500, or with both (Section 30 of the Act).

 

(Licensees are warned that in case they sell or transfer any arms or ammunition covered by the licences possessed by them to any person, they shall forthwith inform in writing the District Magistrate having jurisdiction or the officer-in-charge of the nearest police station, of such sale or transfer together, with the particulars of the arms or ammunition and the person to whom they have been sold or transferred (Section 5 of the Arms Act, 1959).  Failure to give such information is punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 500, or with both [Section 25(3) of the Act.]

FORM - IX

 

FEE: THIRTY RUPEES

 

 

Licence to: -

 

 

(1)

Manufacturer;

 

 

(2)

Convert, shorten, repair or test (other than proof test), sell or transfer, keep for sale or transfer, conversion, repair or test or arms or ammunition.

Sr. No. of Licence

Name, Description and residence of licencee and of duly authorised agent , if any  

Place of business factory shop

Description and Number of Arms

Description and quantity of Ammunition

Name of range or other place where allowed to test

Date and year on which the licence expires

To be manufactured, converted, shortened, repaired

To be sold or kept for sale

To be manufactured, converted, etc.

To be sold or kept for sale

1

2

3

4

5

6

7

8

9

 

The

Of                  19

The date on which copy top the District Magistrate of ………………………

District  [vide sub-rule (2), rule 20]

Signature and designation of the officer specially empowered to sign the licence under rule 4.

(SEAL)

The 31st December, 19……..

(Signature) …………….

Licensing Authority …

Designation ………….

Place …………………..

FORM OF RENEWAL OF THE LICENCE

Date and year of renewal

Date on which renewed licence expires

Name (in capital)/ Signature and designation of Renewing Authority

(SEAL)

 

 

 

 

 

 

 

 

 

CONDITIONS

1.       (a).  This licence is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rule, 1962.

 

(b)   This licence does not entitle the dealer to take any arms or ammunition for testing to a testing range or other place without a permit for the purpose or to prove any firearms.

 

(c)       This licence is valid only so long as the licensee carries on the trade or business in the premises shows in column 3 thereof, and will ipso facto lapse if the business is discontinued for a continuous period exceeding six months.

 

(d)       The licensee shall not enter into any partnership connected with this licence without the approval of the licensing authority.

 

2.        The licensee shall maintain registers of all arms manufactured or converted or shortened or repaired or tested or transferred, of all ammunition manufactured, converted, repaired or transferred, of all stock in hand, and of all sales, showing the particulars in such forms as may be prescribed for the purpose by the Central Government.

 

3.        He shall make available for inspection of his stock and his registers on the demand of any magistrate or any police officer of a rank not below     that of Inspector, or, if the Central Government so directs, of Sub-Inspector.

 

4.      (1)         He shall affix on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English/Hindi and in the language of the district his name and the words “Licensed to manufactured/convert/shorten/repair/test/transfer/sell arms or ammunition.”

 

(2)       He shall also affix in his place of business, factory or shop a copy of Section 36 of the Arms Act, 1959, either in English/Hindi the language of the District.

 

5.        He shall not manufacture firearms of any category or description other than those allowed to be not manufactured under column 4; nor expand his business, except with the prior permission of the Central Government and subject to such conditions as may be prescribed by the Central Government.

 

6.        He shall not sell to anyone any firearm manufactured by him unless such firearms-

 

(a)       Is duly proof-tested at a Government establishment or an establishment approved in this behalf by the Central Government;

 

(b)       Bears proof-mark, and

 

(c)       Bears identification marks required by rule 25.

 

7.        He shall not sell arms or ammunition elsewhere that at the place of business, factory or shop specified in column 3.

 

8.        He shall not keep Government arms or ammunition except under the special or general orders of the Central Government.

 

Explanation. -For the purpose of this condition-

(a)       “Government arms” means a firearm or other weapon which is the property or the Government; and

(b)    “Government ammunition” means ammunition manufactured in any government factory, or prepared for and supplied to the  Government other than such ammunition as may be released by Government for civilian use.

 

9.        He shall, at the time of sale or transfer of any arms or ammunition to a person holding a licence in Form III, Form IV, Form V, Form VII or Form VIII endorse on the licence-

 

(a)       The name, description and residence of the person who takes delivery of the articles sold or transferred.

(b)       The nature and quantity of the articles sold or transferred, and

(c)       The date of sale or transfer;

and shall sign the endorsement (and affix his seal).

 

10.      He shall at the time of sale or transfer of a weapon enter in his register the number and other identification marks, if any, stamped on the weapon at the time of manufacture or otherwise.

 

11.      He shall give information of all sales or transfers of arms and ammunition, to such persons and in such manner as the Central Government may direct.

 

12.      He shall not sell or transfer any quantity of ammunition to any person licensed to possess or carry arms or ammunition without his first obtaining a written certificate from such person to the effect that, with the quantity of ammunition in his possession will not exceed the maximum quantity which he is entitled to possess at any one time or his total allowance for the year:

 

Provided that he shall not, in any case, sell or transfer to, any person any quantity of ammunition in excess of the maximum which may be fixed by the Central Government for such person or which is endorsed on such person’s licence.

 

13.      He shall not sell arms and ammunition to an officer, non-commissioned officer or soldier of the armed forces of the Union, unless such person produces a written pass or permit signed by his Commanding Officer, and then only to the extend and on the conditions specified in such pass or permit.

 

14.      Where the licence is granted in and for any local area in West Bengal or Assam, the licensee shall not sell arms or ammunition without a special permit from a Magistrate, to any member of a hill-tribe to which the Central Government may, from time to time, by notification, apply this condition.

 

1[14-A.  Where a licence is granted for conversion of ammunition, it shall not entitle the licensee to convert blank cartridge or any ammunition having not projectile into single/multiple projectile ammunition or to load or re-load any ammunition.]

 

15.   The licensee shall not sell or transfer any arms of category V to a person residing in an area to which Section 4 applies, unless the said person produces a licence, or is exempted from the obligation to take out a licence, to acquire, possess or carry such in that area.

 

16.      The licensee shall forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by the licence.

 

17.      Chlorates shall be kept in a building constructed of uninflammable materials only and separated from any dwelling house, other building, highway, street, public thoroughfare or public place by a distance of not less than 10 feet:

 

Provided that, where the total quantity stored does not exceed 100 kgs., chlorates may be kept exclusively in a closed and secured receptacle place in a building used for the keeping of other articles not being of an explosive or highly inflammable nature.

 

18.      Sulphur shall not be kept in the same room with saltpetre in the premises specified in column 3:

 

Provided that when the quantity of each does not exceed 100 kgs., sulphur and saltpetre may be kept in separate closed receptacles in the same room.

 

19.      No person shall smoke and no open fires shall be allowed at any time in the premises specified in column 3, or in the vicinity of the receptacles mentioned in provisos to conditions 17 and 18.

 

20.      Where any building used for storage of such materials is fitted with electric lighting or power, the licensee shall get these installations tested at least once a year or once during the currency of the licence, by an Electrical Inspector appointed under the Indian Electricity Act, 1910, or if those installations are in Sikkim by an authority notified in this behalf by the State Government of Sikkim to ensure that there is no danger of fire or sparking.

 

21.      Any accident fire or explosion occurring within the premises specified in column 3 which is attended with loss of human life or serious injury to persons or property shall be reporter at once by the licensee to the officer-in-charge of the nearest police station having jurisdiction over the place of his business, factory or shop as well as to the Inspector of Explosives of the circle concerned.

 

22.      Subject to the other conditions contained herein, no licensee shall without reasonable cause, refuse to sell arms or ammunition to any person who is entitled to purchase or acquire such arms or ammunition under the provisions of the Arms Act, 1959 or the Arms Rules, 1962.

 

Explanation. -The possibility or expectation of the seller obtaining a higher price at a later date or the refusal by a person to purchase or acquire arms or ammunition partly of a description demanded by him and partly of a different description suggested by the licensee, shall not be deemed to be a reasonable cause for the purpose of this condition.

 

23.      The conversion into explosives of sulphur in admixture with chlorates shall be permitted for the following purposes only (and for no other purposes):

 

(i)        in small quantities for scientific purposes; or

(ii)       for the purposes of manufacturing heads of matches; or

(iii)      for use in toy amerces (paper caps for toy pistols).

1.        Ins. by G.S.R. No. 703. dated 15-7-1981.

 

FORM X

EEE:

 

(i)               To a holder of licence in Form IX                                                - Free of fee                                                

(ii)              To others                                                                                   - Rupees Twenty

 

Licence for proof test and keeping for proof-test firearms

 

Serial No.

Name, Description and residence of licencee and of duly authorised agent(s), if any

Place of business factory or shop

Categories of firearms allowed to be proof-tested

Range or other place where allowed to test

Date on which the licence expires

1

2

3

4

5

6

The

of                                 19

Date on which copy is sent to the District Magistrate …………………………….  District (vide Rules 23).

Signature and designation of the officer specially empowered to sign the licence under rule 4.

 

 

 

 

 

SEAL

 

 

Signature

Secretary/ Joint Secretary to the Government of Indian, Ministry of Home Affairs

 

The

of                                 19

Date of issue of the licence.

 

 

 

FORM OF RENEWAL OF THE LICENCE

 

Date and year of renewal

Date on which renewed licence expires

Signature and designation of Renewing Authority

SEAL

 

 

 

 

 

CONDITIONS

1.        This licence is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rules, 1962.

 

2.        The licensee shall carry on the work of proof testing and stamp proof-marks on the firearms, which are proved, in accordance with regulations framed or approved by the Central Government for the purpose.

 

3.        This licence is valid only so long as the licensee on the work of proof-test and if the work is discontinued for a continuous period of more than one year, the licence shall ipso facto expire.

 

4.        The licensee shall maintain a register of all firearms received for proving or of those proof-tested, of all stock in hand, of all firearms disposed of after proof-test showing the particulars in such forms as may be prescribed by the Central Government for the purpose.

 

5.        He shall make available for inspection his stock and his registers on the demand of any Magistrate or any police officer of a rank not below     that of Inspector, or, if the Central Government so directs, of sub-Inspector.

 

6.      (1)         He shall affix on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English/Hindi the language of the district his name and the words “Licensed to proof-test firearms of categories as shown in column 4 of the licence.”

 

 (2).     He shall affix in his place of business or factory a copy of Section 36 of the Arms Act, 1959, either in English/Hindi or in the language of the district.

 

7.        He shall not proof-test firearms elsewhere than at the place of business or factory specified in column 3.

 

8.        The licensee shall forthwith give information at the nearest police station of the loss or theft of any arms or ammunition covered by the licence.

 

FORM XI

FEE: RUPEES FIFTEEN

 

Licence to convert (except firearms) repair, lest (other than proof-test), sell or transfer or keep for sale, repair or test, or transfer arms or ammunition of categories I (b), l (c), I (d), III (a), III (b), III (c), III (d), V and VI

 

Serial No.

Name, description and residence of licencee and of duly authorised agent or agents, if any

Place of business factory or shop

Description and number of arms

Description and quantity of ammunition

Name of the range or other place where allowed to test

Date and year on which the licence expires

To be converted or repaired

To be sold or kept for sale, etc.

To be converted or repaired

To be sold or kept for sale, etc.

1

2

3

4

5

6

7

8

9

The

of            19

 

 

 

Name (in capital)/ Signature of licensing authority

Designation:  ………………………………….

Place           ………………………………….

Or

Name of the officer specially empowered to sign the licence under rule 4.

Designation …………………………………

Place ……………………………………….   

Signature and designation of the officer specially empowered to sign the licence under rule 4.

SEAL

 

                               

 

FORM OF RENEWAL OF THE LICENCE

 

Date and year of renewal

Da