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INDIAN ARMS RULES 1962
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46. Deposit
of arms and ammunition under Sec. 21 |
- 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-
- under Sec. 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
forthwith 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.
- subject to the proviso to Sec. 21(2), during the
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 posses the same
and to receive the sale-proceeds, if any; and
- 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 Sec. 21 (3), forfeited to Government
by order of the District Magistrate.
- Where any arms or ammunition is deposited by an owner
under Sec. 21(1), in a police station or unit armoury
or with dealer holding a licence in Form XIV, the officer-in-charge
of the police station or unit armoury of the licensed
dealer, as the case may be, shall-
- attach to each article deposited, a card showing
the following:
Deposit under Sec. 21 (1)-
- Description (No. etc.) of the article..........................................................
- Particulars of licence of exemption (if any).
...........................................
- Name and address of depositor ..............................................................
- Sl. No. in register and date of deposit ....................................................
- Date due for forfeiture/disposal .............................................
...............
- ........................................................................….
Signature of depositor
- ……………………………..Signature of dealer or officer-in-charge
of police station/unit armoury.
- issue to the depositor a receipt containing the
same details as in (a); and
- immediately send a copy of receipt to the authority
who granted the licence or renewed it last.
-
-
- Any arms or ammunition deposited in a unit armoury
under Sec. 21 (1) may, unless return or disposed
of earlier, be transferred, after the expiry of
a period of thirty days after such deposit to
the nearest police station.
- Any arms or ammunition deposited in a police
station under Sec. 21(1) which have been returned
or disposed of within thirty days of the deposit
and the arms or ammunition transferred under Cl.
(i) may be transferred for the sake of better
maintenance of safety to a police armoury in the
district/taluka headquarters or such other place
as may be 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 thirty days.
- Intimation of such transfer shall be given to the
depositor of the article and to the licensing authority
who granted or last renewed the licence for the article.
- The period within which a depositor or his legal representative
may exercise his rights under sub-section (2) of Sec.
21 shall be-
- 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;
- one year-
- from the date of deposit, if the arms or ammunition
are deposited as a consequence of its possession
becoming unlawful under Sec. 21(1) otherwise than
as under Cl. (a), or
- 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
- from the date of notification issued under Sec.
4:
Provided that any period under Cl. (a) or
Cl. (b) shall be reckoned-
- Where an appeals preferred by the owner under
Sec. 18 from the date of the final order of the
appellate authority;
- 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
- where the owner of the arms of ammunition is
on active service, outside India-from the date
of his return to India:
[Provided further that when the arms or ammunition
is owned by a person who is considered by the licensing
authority to be unfit, for the time being, to carry
the arms or ammunition for any reason, the period
prescribed under Cl. (a) may be extended suitably
by the District Magistrate, or the commissioner of
Police in relation to any metropolitan area.]
- [ [two years] if the fire-arms are deposited as
a consequence of proviso to sub-section (2) of Sec.
3].
-
- 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 proviso to sub-rule (4) and the
proviso of Sec. 21 (1), transferred to the district
malkhana or such other place as required by order
of the District Magistrate for the purpose of forfeiture
under Sec. 21(3).
- The District Magistrate shall, before making an
order of forfeiture after the expiry of the prescribed
period, see a notice as required under Sec. 21 (4)
in like manner as for summons under the 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 or such
member.
- 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.
Comment : It is obvious from the language employed
in Cls. (a) and (b) of sub-section (2) of Sec. 21 that the
person who is to receive the fire-arm in question either under
Cl. (a) or Cl. (b) must be a person who has become entitled
by virtue of the Arms Act or by any other law for the time
being in force to have the same in his possession. The District
Magistrate has taken the view that the person to receive the
fire-arm under Cls. (a) or (b) must in law have become entitled
to possess the fire-arm in question before the expiry of the
period prescribed by sub-rule (4) of rule 46 of the Arms Rules.
Having regard to the language employed in CIs. (a) and (b)
and also sub-section (2) of Sec. 21 it is enough if the person
to receive the fire-arm deposited has become entitled by virtue
of the Act or by any other law for the time being in force,
to have the fire-arm in question in his possession on the
date on which the licensing authority proceeds to make an
order on the application of the person concerned under sub-section
(2) of Sec. 21 of the Arms Act. The period of, limitation
contemplated by sub-section (2) of Sec. 21 is only in the
matter of asserting the right of the depositor or in the case
of death his legal representative to make an application within
the time prescribed under the rules.
47. Deposit
of arms and ammunition for safe custody otherwise
than under Sec. 21. |
-
- 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 .
- Before accepting the arms or ammunition for deposit
otherwise than under Sec. 21 (l), the dealer or officer-in-charge
of a police station or unit armoury himself that they
are possessed under a valid licence issued under the
Act and these rules or under exemption from the need
for such licence.
- 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.
- Where the arms or ammunition have been deposited under
sub-rule (1), the dealer of the officer-in-charge of the
police station or unit armoury shall-
- attach to each article deposited a card, easily
distinguishable from that described in rule 46 (2)
(a) showing the following:
Deposit for safe custody -
- Description (No. etc.) of article ........................................................
- Name and address of depositor. .......................................................
- Particulars of licence/ exemption ......................................................
- Serial No. in register and date of deposit .........................................
- Date of expiry of licence. ..................................................................
- Date up to which deposited ......................….............…...................
- .............................................Signature
of depositor
- ............................................Signature
of dealer or officer in-charge of police station/unit
armoury.
- issue to the depositor a receipt containing the
same particulars as in Cl. (a); and
- on the same day send a copy of the receipt to the
authority who granted the licence or renewed it last.
-
- 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 year 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.
- 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.
- The depositor may be charge a fee for the custody of
the article deposited at the following rates:
- For each fire-arm Fifty rupees per year or portion
of
- For every other weapon Twenty five rupees per year
or portion or package of ammunition 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.
Comment : This rule lays down the procedure to be followed
with regard to deposit of arms and ammunition for safe custody
otherwise than under Sec. 21.
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