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THE
ARMS ACT, 1959
CHAPTER
III
PROVISIONS RELATING TO LICENSES
Grant
of Licences.-
(1)
An application for the grant of a licence under Chapter II shall be
made to the licensing authority and shall be in such form, contain such
particulars and be accompanied by such fee, if any, as may be prescribed.
(2)
On receipt of an application, the licensing authority, after making
such inquiry, if any, as it may consider necessary, shall, subject to the
other provisions of this Chapter, by order in writing either grant the
licence or refuse to grant the same.
(3)
The licensing authority shall grant---
(a)
A
licence under section 3 where the licence is required---
(i)
by a citizen of India in respect of a smooth bore gun having a barrel
of not less than twenty inches in length to be used for protection or sport
or in respect of a muzzle loading gun to be used for bona fide crop
protection:
Provided that where having regard to the circumstances of any case, the
licensing authority is satisfied that a muzzle loading gun will not be
sufficient for crop protection, the licensing authority may grant a licence
in respect of any other smooth bore gun as aforesaid for such protection, or
(ii)
In respect of a point 22 bore rifle or an air rifle to be used for
target practice by a member of a rifle club or rifle association licensed or
recognised by the Central Government;
(b)
a licence under section 3 in any other case or a licence under
section 4, section 5, section 6, section 10 or section 12, if the licensing
authority is satisfied that the person by whom the licence is required has a
good reason for obtaining the same.
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Refusal
of licences.-
(1)
Notwithstanding anything in
section 13, the licensing authority shall refuse to grant---
(a) a licence under section 3, section 4 or section 5 where such licence is
required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter II,---
(i) where such licence is required by a person whom the licensing authority
has reason to believe---
(1) to be prohibited by this Act or by any other low for the time being in
force from acquiring, having in his possession or carrying any arms or
ammunition, or
(2) to be of unsound mind, or
(3) to be for any reason unfit for a licence under this Act; or
(ii) where the licensing authority deems it necessary for the security of
the public peace or for public safety to refuse to grant such licence.
(2)
The licensing authority shall not
refuse to grant any licence to any person merely on the ground that such
person does not own or possess sufficient property.
(3)
Where the licensing authority
refuses to grant a licence to any person it shall record in writing the
reasons for such refusal and furnish to that person on demand a brief
statement of the same unless in any case the licensing authority is of the
opinion that it will not be in the public interest to furnish such
statement.
Duration
and renewal of licence.
(1)
A licence under section 3 shall, unless revoked earlier, continue in
force for a period of three years from the date on which it is granted.:
Provided that such a licence may be granted for a shorter period if the
person by whom the licence is required so desires or if the licensing
authority for reasons to be recorded in writing considers in any case that
the licence should be granted for a shorter period.
(2)
A licence under any other provision of Chapter II shall, unless
revoked earlier, continue in force for such period from the date on which it
is granted as the licensing authority may in each case determine.
(3)
Every licence shall, unless the licensing authority for reasons to be
recorded in writing otherwise decides in any case, be renewable for the same
period for which the licence was originally granted and shall be so
renewable from time to time, and the provisions of sections 13 and 14 shall
apply to the renewal of a licence as they apply to the grant thereof.
Fees,
etc.for licence.-
-
The fees on payment of which, the
conditions subject to which and the form in which a licence shall be granted
or renewed shall be such as may be prescribed:
Provided that different fees, different conditions and different forms may
be prescribed for different types of licences:
Provided further that a licence may contain in addition to prescribed
conditions such other conditions as may be considered necessary by the
licensing authority in any particular case.
Variation,
Suspension and Revocation of licences.-
(1)
The licensing authority may vary the conditions subject to which a
licence has been granted except such of them as have been prescribed and may
for that purpose require the licence-holder by notice in writing to
deliver-up the licence to it within such time as may be specified in the
notice.
(2)
The licensing authority may, on the application of the holder of a
licence, also vary the conditions of the licence except such of them as have
been prescribed.
(3)
The licensing authority may by order in writing suspend a licence for
such period as it thinks fit or revoke a licence,---
(a)
if the licensing authority is satisfied that the holder of the
licence is prohibited by this Act or by any other law for the time being in
force, from acquiring, having in his possession or carrying any arms or
ammunition, or is of unsound mind, or is for any reason unfit for a licence
under this Act; or
(b)
if the licensing authority deems it necessary for the security of the
public peace or for public safety to suspend or revoke the licence; or
(c)
if the licence was obtained by the suppression of material
information or on the basis of wrong information provided by the holder of
the licence or any other person on his behalf at the time of applying for
it; or
(d)
if any of the conditions of the licence has been contravened; or
(e)
if the holder of the licence has failed to comply with a notice under
sub-section (1) requiring him to deliver-up the licence.
(4)
The licensing authority may also revoke a licence on the application
of the holder thereof.
(5)
Where the licensing authority makes an order varying a licence under
sub-section (1) or an order suspending or revoking a licence under
sub-section (3), it shall record in writing the reasons therefor and furnish
to the holder of the licence on demand a brief statement of the same unless
in any case the licensing authority is of the opinion that it will not be in
the public interest to furnish such statement.
(6)
The authority to whom the licensing authority is subordinate may by
order in writing suspend or revoke a licence on any ground on which it may
be suspended or revoked by the licensing authority; and the foregoing
provisions of this section shall, as far as may be, apply in relation to the
suspension or revocation of a licence by such authority.
(7)
A court convicting the holder of a licence of any offence under this
Act or the rules made thereunder may also suspend or revoke the licence:
Provided that if the conviction is set aside on appeal or otherwise, the
suspension or revocation shall become void.
(8)
An order of suspension or revocation under sub-section (7) may also
be made by an appellate court or by the High Court when exercising its
powers of revision.
(9)
The Central Government may, by order in the Official Gazette, suspend
or revoke or direct any licensing authority to suspend or revoke all or any
licences granted under this Act thought
India
or any part thereof.
(10)
On the suspension or revocation of a licence under the section the
holder thereof shall without delay surrender the licence to the authority by
whom it has been suspended or revoked or to such other authority as may be
specified in this behalf in the order of suspension or revocation.
ARMS
ACT, 1959
CONDITIONS
1.
The licence is granted subject to all the provisions of the Arms Act,
1959 and of thisArms Rules, 1962.
2.
It covers only the person named, and the arms or ammunition described
therein.
3.
The licensee shall not, unless specially empowered in this behalf by
the authority granting the licence, carry arms to a fair, religious
procession or other public assemblage.
4.
The licensee shall not carry Government arms or ammunition.
Explanation
– For the purpose of this condition –
a)
“Government arm” means a
fire-arm or other weapon which is the property of the Government; and
b)
“Government ammunition” means ammunition manufactured in any Government
factory or prepared for and supplied to the Government other than such
ammunition as released by Government for civilian use.
5.
The licensee shall, on demand by any Magistrate or Police Officer,
produce the weapons covered by this licence.
6.
The licensee shall not, while in
India
, sell or transfer any arms or ammunition covered by this licence without
previous approval of the licensing authority of the place of sale or
transfer.
7.
The licensee shall produce the weapon or permission of the licensing
authority [vide rule 44(3) (a)] at the time of leaving India and return his
licence to the passport checking authority or other officer empowered by the
District Magistrate in this behalf at the port or other place of departure
from India.
NOTE
- Any breach of the condition of this licence is punishable with
imprisonment for a
term
which may extend to three months, or with fine which may extend to Rs. 500,
or with
both
(Sec. 30 of the Act.)
Download Sample Gun Licence Form (To be printed on
A4 size paper)
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