Arms Act, 1959
CHAPTER VI : MISCELLANEOUS
34. Sanction of Central Government for Warehousing of Arms
Notwithstanding
anything contained in the 27[Customs Act, 1962, (52 of 1962)] no arms
or ammunition shall be deposited in any warehouse licensed under 27[section
58] of that Act without the sanction of the Central Government.
35. Criminal responsibility of person in occupation of premises
in certain cases
Where
any arms or ammunition in respect of which any offence under this Act
has been or is being committed are or is found in any premises, vehicle
or other place in the joint occupation or under the joint control of several
persons, each of such persons in respect of whom there is reason to believe
that he was aware of the existence of the arms or ammunition in the premises,
vehicle or other place shall, unless the contrary is proved, be liable
for that offence in the same manner as if it has been or is being committed
by him alone.
36. Information to be given regarding certain offences
(1)
Every person aware of the commission of any offence under this Act shall,
in the absence of reasonable excuse the burden of proving which shall
lie upon such person, give information of the same to the officer in charge
of the nearest police station or the magistrate having jurisdiction.
(2)
Every person employed or working upon any railway, aircraft, vessel, vehicle
or other means of conveyance shall, in the absence of reasonable excuse
the burden of proving which shall lie upon such person, give information
to the officer in charge of the nearest police station regarding any box,
package or bale in transit which he may have reason to suspect contains
arms or ammunition in respect of which an offence under this Act has been
or is being committed.
37. Arrest and searches
Save
as otherwise provided in this Act,-
(a)
all arrests and searches made under this act or under any rules made thereunder
shall be carried out in accordance with the provisions of the 28[Code
of Criminal Procedure, 1973 (2 of 1974)], relating respectively to arrests
and searches made under that Code;
(b)
any person arrested and any arms or ammunition seized under this Act by
a person not being a magistrate or a police officer shall be delivered
without delay to the officer in charge of the nearest police station and
that officer shall-
(i)
either release that person on his executing a bond with or without sureties
to appear before a magistrate and keep the things seized in his custody
till the appearance of that person before the magistrate, or;
(ii)
should that person fail to execute the bond and to furnish, if so required,
sufficient sureties, procedure that person and those things without delay
before the magistrate.
38. Offences to be cognizable
Every
offence under this Act shall be cognizable within the meaning of the 28[Code
of Criminal Procedure, 1973 (2 of 1974)].
39. Previous sanction of the district magistrate necessary in
certain cases
No prosecution
shall be instituted against any person in respect of any offence under
section 3 without the previous sanction of the district magistrate.
40. Protection of action taken in good faith
No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this
Act.
41. Power to exempt
Where
the Central Government is of the opinion that it is necessary or expedient
in the public interest so to do, it may, by notification in the Official
Gazette and subject to such conditions, if any, as it may specify in the
notification,-
(a)
29[exempt any person or class of persons (either generally or in relation
to such description of arms and ammunition as may be specified in the
notification)], or exclude any description of arms or ammunition, or withdraw
any part of India, from the operation of all or any of the provisions
of this Act; and
(b)
as often as may be, cancel any such notification and again subject, by
a like notification, the person or class of person or the description
of arms and ammunition or the part of India to the operation of such provisions.
42. Power to take census of fire-arms
(1)
The Central Government may, by notification in the Official Gazette, direct
a census to be taken of all firearms in any area and empower any officer
of Government to take such census.
(2)
On the issue of any such notification all persons having in their possession
any firearms in that area shall furnish to the officer concerned such
information as he may require in relation thereto and shall produce before
him such firearms if he so requires.
43. Power to delegate
(1)
The Central Government may, by notification in the Official Gazette, direct
that any power or function which may be exercised or performed by it under
this Act other than the power under section 41 or the power under section
44 may, in relation to such matters and subject to such conditions, if
any, as it may specify in the notification, be exercised or performed
also by-
(a)
such officer or authority subordinate to the Central Government, or
(b)
such States Government or such officer or authority subordinate to the
State Government as may be specified in the notification.
(2)
Any rules made by the Central Government under this Act may confer powers
of impose duties or authorise the conferring of powers or imposition of
duties upon any State Government or any officer or authority subordinate
thereto.
44. Power to make rules
(1)
The Central Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2)
In particular, and without prejudice to the generality of the generality
of the foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a)
the appointment, jurisdiction, control and functions of licensing authorities
30[including the areas and the categories of arms and ammunition for which
they may grant licences];
(b)
the form and particulars of application for the grant or renewal of a
licence and where the application is for the renewal of a licence, the
time within which it shall be made;
(c)
the form in which and the conditions subject to which any licence may
be granted or refused, renewed, varied, suspended or revoked;
(d)
where no period has been specified in this Act, the period for which any
licence shall continue to be in force;
(e)
the fees payable in respect of any application for the grant or renewal
of a licence and in respect of any licence granted or renewed and the
manner of paying the same;
(f)
the manner in which the maker’s name, the manufacturer’s number
or other identification mark of a firearm shall be stamped or otherwise
shown thereon;
(g)
the procedure for the test or proof of any firearms;
(h)
the firearms that may be used in the course of training, the age limits
of persons who may use them and the conditions for their use by such persons;
(i)
the authority to whom appeals may be preferred under section 18, the procedure
to be followed by such authority and the period within which appeals shall
be preferred, the fees to be paid in respect of such appeals and the refund
of such fees;
(j)
the maintenance of records or accounts of anything done under a licence
other than a licence under section 3 or section 4, the form of, and the
entries to be made in, such records or accounts and the exhibition of
such records or accounts to any police officer or to any officer of Government
empowered in this behalf;
(k)
the entry and inspection by any police officer or by any officer of Government
empowered in this behalf of any premises or other place in which arms
or ammunition are or is manufactured or in which arms or ammunition are
or is kept by a manufacturer of or dealer in such arms or ammunition and
the exhibition of the same to such officer;
(l)
the conditions subject to which arms or ammunition may be deposited with
a licensed dealer or in a unit armoury as required by sub-section (1)
of section 21 and the period on the expiry of which the things so deposited
may be forfeited.
(m)
any other matter is to be, or may be, prescribed.
(3)
Every rule made under this section shall be laid as soon as may be after
is made before each house of Parliament while it is in session for a total
period of thirty days which may be comprised in one session or in 31[two
or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid];
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may
be, so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
45. Act not to apply in certain cases
Nothing
in this Act shall apply to-
(a)
arms or ammunition on board any sea-going vessel or any aircraft and forming
part of the ordinary armament or equipment of such vessel or aircraft:
(b)
the acquisition, possession or carrying, the manufacture, repair, conversion,
test or proof, the sale or transfer or the import, export or transport
of arms or ammunition-
(i)
by or under orders of the Central Government, or
(ii)
by a public servant in the course of his duty as such public servant,
or
(iii)
by a member of the National Cadet Corps raised and maintained under the
National Cadet Corps Act, 1948 (31 of 1948), or by any officer enrolled
person of the Territorial Army raised and maintained under the Territorial
Army Act, 1948, (56 of 1948) or by any member of any other forces raised
and maintained or that may hereafter be raised and maintained under any
Central Act, or by any member of such other forces as the Central Government
may, by notification in the Official Gazette, specify, in the course of
his duty as such member, officer or enrolled person.
(c)
any weapon of an absolete pattern or of antiquarian value or in disrepair
which is not capable of being used as a firearm either with or without
repair;
(d)
the acquisition, possession or carrying by a person of minor parts of
arms or ammunition which are not intended to be used along with complementary
parts acquired or possessed by that or any other person.
46. Repeal of Act 11 of 1878
(1)
The Indian Arms Act, 1878, is hereby repealed.
(2)
Notwithstanding the repeal of the Indian Arms Act 1878 (11 of 1878) and
without prejudice to the provisions of sections 6 and 24 of the General
Clauses Act 1897 (10 of 1897), every licence granted or renewed under
the first mentioned Act and in force immediately before the commencement
of his Act shall, unless sooner revoked, continue in force after such
commencement for the unexpired portion of the period for which it has
been granted or renewed. |
