INDIAN ARMS RULES 1962
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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 therefore and the facts of the cases shall be communicated
by the him to the appellate authority.
Comment : The reasons for refusal
of licence whether right or wrong are not to be examined under
Art. 226 of the Constitution of India unless they are preverse
or mala fide.
Rule 41 although stating that the authority to grant a licence
may in his discretion refuse yet the rules provide that such
discretion is controlled by two significant factors, one being
that the reasons for refusal must be stated under rule 41-B
and the other being that such discretion is revisable and
appealable. It is therefore not an arbitrary or uncontrolled
discretion. It is held that rule 41 is intra-vires Sec. 17
of the Indian Arms Acts.
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 licenses for acquisition, possession or
carrying of arms or ammunition of Category-I |
- No Licence shall be granted for acquisition, possession
or carrying of arms or ammunition of categories I (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.
- A licence for acquisition, possession or carrying of
ammunition of categories I (b), 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 lawfully 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 twelve months immediately succeeding
the date of grant of licence shall be entered in the licence.
9. Copies of
Licenses of Categories I and II to be sent to certain
authorities |
A copy of every licence granted for arms
or ammunition of categories I (a), I (b), I (c), I (d) and
II shall for with be sent - |
