INDIAN ARMS RULES 1962

[(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 Sch. IV.]

(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 decides 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, nor 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. 100] 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 payable 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 fee 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 [Tamil Nadu], 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 than for manufacturing arms, ammunition or explosives).

(6) Any political representative authorized to grant licences in Form XVII 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 the case ammunition exported for use for blasting purpose (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 process 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-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 charged is higher than that for the original weapons, 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.

Notes- Section 16 of the Arms Act, 1959, is the statutory revision relating to this rule.

Where a licence granted or renewed under these rules is lost or accidentally destroyed, the authority empowered to grant such licence may grant a duplicate-

(a) where the original licence was granted without the payment of any fee on payment of a fee of [Rs. 50]; and

(b) in any other case of payment on a fee of [Rs. 100] or of the fee with which the original licence was chargeable whichever is less.

    Every petition for appeal under Sec. 18 (1) shall be accompanied by a fee of-

(a) [Rs. 100], if the fee for the licence in relation to which the appeal is preferred is [Rs. 50] or more; and

(b) Rs. 5 in any other case.

      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.

      Where no licence is required for the manufacture, 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 places 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.

Comment

            This rule empowers the Central Government to direct any dealer to maintain registers and furnish information to the Central Government in respect of any category or description of arms or ammunition for the manufacture of which no licence is, however, ' required.

(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 under 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 that indicated in Col. (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.]

[(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 the provisions of the Arms Act, 1959 and the Arms Rules, 1962.]

Comments

            Signature on arms licence

Once a person has a licence under the Arms Act he is entitled to get a shooting licence under the Punjab Wild Birds and Wild Animals Protection Act. The action of compulsory taking the licence into possession without revoking or suspending the same is contrary to the provision of law.

            The term "forthwith"-means of

The term "forthwith" in the context of the rules should not be construed as to mean 'then and these expression "forthwith" should be construed to mean 'within reasonable period'.

      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 that they correspond to the description given in the licence.

Comment

        This rule empowers the licensing authority to require the licensee to produce the arms, in order to satisfy itself that the arms covered by the licence are still in the possession of the licensee.

(1) 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 ru1es, be deemed to have been done or taken under the corresponding provisions of these rules.

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