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Indian Arms Rules 1962

  1. Prohibition to transport of arms and ammunition
  2. Transport of arms or ammunition
  3. Licence for import, transport, and re-export of arms and ammunition
  4. Scrutiny by authorities of consignment containing arms and ammunition

37. Prohibition to transport of arms and ammunition

(1) Save as herein otherwise provided, no person shall transport over India or any part thereof any fire-arms or ammunition or any arms of category V, except under and in accordance with the conditions of, a licence granted under these rules.

(2) Nothing in sub-rule (1) or in Sec. 12 shall be deemed to apply to arms or ammunition.

(a) transported personally or as personal luggage, in reasonable quantities for his own use, by a person lawfully entitled to possess or carry such arms or ammunition;

(b) transported by a person licensed to manufacture such articles, for proof-testing, in a case or package legibly addressed to a Government establishment to an establishment approved in this behalf by the Central Government, or re-transported by such establishment to such person;

(c) of category V, transport through an area where the Central Government has, by notification in the Official Gazette, applied Sec. 4, or from such area to on area where Sec. 4 does not apply, provided that the weapons are properly packed and labeled, showing clearly the description of the articles and the name and address of the consignee;

(d) transported by a licensed dealer for export or after import in accordance with a licence for their export or import -

(i) from the place of dispatch to the port or other place of export, or

(ii) from the port of other place of import to the place of destination, or

(iii) by transshipment in the port of import for re-export by sea or air;

(e) Transported -

(i) by a person lawfully entitled to possess such articles, in reasonable quantities for his own use from the premises of a licensed dealer, or for purposes of examination or repair or test to or from any such premises, or to the address of any other person lawfully entitled to possess such articles; or

(ii) By a licensed dealer, in a case or package legibly addressed to a person lawfully entitled to possess such articles, in compliance with an order given by such person for the supply of such articles, in reasonable quantities, for his own use or after carrying out necessary repairs thereto;

(f) Being chlorates, transported for bona fide industrial, agricultural or medicinal purposes:

Provided that -

(i) Transport of arms or ammunition under C1. (d), C1. (e) or C1. (f) shall subject to obtaining a certificate of no objection from the licensing authority at the destination of the articles as provided for in rule 50;

(ii) Transport of arms or ammunition personally for any of the purposes stated in sub-clause (i) of C1. (e) without using them through any area outside the area of validity of his possession licence, shall be subject to his obtaining a permit from the licensing authority at the starting place of transport; and

(iii) Prior intimation the transport of arms of category V under C1. (c) or of chlorates under C1. (f) shall be given to the officer-in-charge of the nearest police station or a Magistrate having jurisdiction over the place of dispatch.

(3) The officer or magistrate receiving prior intimation under sub-clause (iii) of the proviso to sub-rule (2) shall immediately inform the District Magistrate, and if the articles are transported by rail the Superintendent of Railway Police having jurisdiction,-

(i) over the place of destination, in the case of transport of chlorates, and

(ii) over the place of entry into the area where Sec. 4 applies in the case of transport of arms of category V.

Explanation.- For the purpose of this rule, “transport” includes movement of arms or ammunition across any part of the country, but does not include movement of arms or ammunition by a licensed dealer from a warehouse, godown or any other similar place to his factor, shop or other place or business within the same village , town or city.

Comment

See Sec. 12 of the Arms Act, 1959.

38. Transport of arms or ammunition

(1) A copy of licence granted in Form XX for transport of arms of ammunition beyond the local limits of the jurisdiction of the authority granting it shall forthwith be sent to the District Magistrate having jurisdiction over the area where the place to which the articles are consigned is situated, or if such place is in the state of Jammu and Kashmir to the Government of that State.

(2) A copy of every such licence granted by a District Magistrate for transport within the limits of his jurisdiction shall forthwith be sent of the Subordinate Magistrate (if an) having jurisdiction over the place to which the arms or ammunition are consigned.

(3) Where arms or ammunition are transported by rail a copy of such licence or a copy of the no-objection certificate referred to in rule 50 shall be attached to the way-bill or invoice, as the case may be, and telegraphic advice of every such consignment shall be sent by the railway authorities from the forwarding to the receiving station.

(4) A licence for the transport of arms or ammunition shall not save for special reasons to be recorded by the authority granting it, be granted for a period longer than twice the time likely to be occupied in the journey to the place of destination by the route indicated in the licence:

Provided that a licence for longer period not exceeding a quarter of a year at one time may be granted in connection with industrial purposes for transporting ingredients of ammunition installments from the godown to the factor of the licence situated within the same district but not in the same locality. A licence transporting an ingredients of ammunition under such licence shall give prior intimation to the nearest Magistrate/Officer-in-charge of police station; and he shall make necessary entries promptly in the stock registers maintained for the purposes at both the godown and the factory.

Comment

For the relevant provisions in the Arms Act, 1959, see Sec. 12.

39. Licence for import, transport, and re-export of arms and ammunition

Where under the authority of a licence for import, transport and re-export of arms or ammunition granted in Form XIX the arms of ammunition are to be:

(a) transported across Indian territory entirely by rail, a copy of the licence shall forthwith be sent by the authority granting it, to the licensing authority and to the railway authority at the place from which the consignment is to be dispatched; or

(b) transported across Indian territory and re-exported by land or river, a copy of the licence shall forthwith be sent by the authority granting it to the District Magistrate having jurisdiction over the area out of which the consignment is to cross the frontier of India.

40. Scrutiny by authorities of consignment containing arms and ammunition

(1) (a) (i) Where a package or case containing arms or ammunition is brought for export or transport, to a railway authority or shipping agent or a master of vessel of air-carrier, the latter shall, before receiving the articles for dispatch or dispatching them, verify that they are accompanied by the original licence in the case of export or an attested copy of the licence in the case of transport or of export for re-import.

(ii) Where a consignment is received after import or transport, by an authority at a port checking import or by a railway authority, such authority shall require the production of the original licence before delivering the consignment.

(b) Where are or ammunition consigned to an area not on the frontier of India are imported or where a consignment or arms or ammunition is exported, by land or river, the District Magistrate having jurisdiction over the area in India into or out of which crosses the frontier of India or an officer appointed by him in this behalf shall require the licensee to produce the original licence and may in his discretion require the licensee to produce the arms of ammunition for his inspection before allowing the articles to leave the area.

(c) The aforesaid authority shall satisfy himself

(i) that the licence accompanying the consignment or produced by the licensee is identical, in substance with the copy sent to him; and

(ii) that the arms of ammunition correspond with the description given in such licence.

(2) Where in any case refereed to in sub-rule (1)

(a) The original licence is not produced by the consignee or the original or attested copy of the licence does not accompany the case or package, as the case may be, or

(b) The licence is not identical in substance with the copy sent to the authority, or

(c) The arms or ammunition do not correspond with the description given in such licence,

The authority shall not receive the articles for dispatch or allow the articles to proceed further or deliver the consignment, as the case may be, and shall, in case he is not a Magistrate, forthwith inform the nearest Magistrate.

Comment

See also Sec. 23 of the Arms Act, 1959.

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