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INDIAN ARMS RULES 1962

(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 of 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 of any other place specified under rule 46 (3) (a) (ii) where the arms of ammunition are kept, shall submit to the District Magistrate by the 15th December each year, a report showing the particulars of arms or 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 or 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.

Comment

        This rule makes provision for inspection of arms and ammunition deposited in a police station or with a dealer or the district malkhana by the District Magistrate or other officer authorised for the purpose.

        If further makes provision for inspection of arms and ammunition deposited in a unit armoury by the Officer Commanding of the Unit.

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 re-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.

Comment

        This rule lays down that prior consent is required to be obtained before issue of licence for transport or export or import of arms and ammunition in certain cases,

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 and 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 of 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 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, and Form III, from III-A, Form IV, Form V or Form VI, from a person other than a bona fide tourist as defined in Sec. 10 (1) (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 fire- arms, require the personal attendance of the applicant before granting or renewing the licence applied for.

Comment

        This rule lays down how application for a licence is to be made. For the relevant provisions of Arms Act, 1959, see Sec. 13.

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

52.    Form 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 Sec. 10 (1) (b) of the Act, shall be in a 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 of 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 the State Government or any authority which 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 of both for inspection before the Government of the second- mentioned State or any authority which that Government of the second- mentioned State or any authority which that Government may by a 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 the authority other than the licensing authority who inspected the arms as well as the licensee shall intimate the fact of such inspection to the authority who issued the licence.]

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