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 INDIAN ARMS RULES 1962

(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 frontiers 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 other 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 of which such consignment being exported/ transported across Indian territory for re-export, is to cross the frontier in India and before it so crosses.

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

(2)  Every officer, to whom a licence is produce 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.

Comment

        This rule makes provision for production and delivery of licence for import/export/transport of arms and/or ammunition.

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 dispatch 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 Customs Examiner or any other authority appointed for the purpose by the Central Government.

(2) (a)            Where arms or ammunition imported into, or acquired in India are to be dispatched to Nepal for the Government of  Nepal or His Majesty the King of Nepal, the shall be accompanied by a certificate from the [Commissioner  of Customs] or the licensing authority of the area concerned to that 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 to the railway station.

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

(3)  Where in any case -

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

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

the authorities concerned shall not allow the consignment to be dispatched 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 India in Nepal, on application made by or on behalf   of His Majesty the King of Nepal, or 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 the road or river, a copy of the license 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 frontier of India.

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

Comment

         This rule deals with the matter relating to transport of arms from one place in Nepal to another place in Nepal through Indian territory and issue of licence for the purpose.

44.    Transit licences for bona fide travelers

(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 or 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 passport 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 1 as required under CI. (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 l himself that there is no malafide intention on the part of the depositor or any person on whose behalf the deposit it being made. The dealer shall either inform, the nearest police station and the District Magistrate personally, or dispatch 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.

Comment
                Licensee authorised to accept for custody arms and ammunition after satisfying that there is “mala fide” intention on the part of the depositor. The intention in this regard has to be furnished to the police and the District Magistrate on the day of deposit or return or disposal.

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