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Indian Arms Rules 1962

  1. Deposit of arms and ammunition under Sec. 21
  2. Deposit of arms and ammunition for safe custody otherwise than under Sec. 21.

46. Deposit of arms and ammunition under Sec. 21

  1. 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.
  1. 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)-
  1. Description (No. etc.) of the article ............................................
  2. Particulars of licence of exemption (if any) .................................
  3. Name and address of depositor .................................................
  4. Sl. No. in register and date of deposit ........................................
  5. Date due for forfeiture/disposal ................................................
  6. .............................................................. Signature of depositor
  7. .......................... 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.
  1.  
  1. 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.
  2. 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.
  1. 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-
  1. 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
  2. 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
  3. from the date of notification issued under Sec. 4:
    Provided that any period under Cl. (a) or Cl. (b) shall be reckoned-
  4. Where an appeals preferred by the owner under Sec. 18 from the date of the final order of the appellate authority;
  5. 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
  6. 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].
  1.  
  • 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.

  1. 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.

  1.  
  • 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.
  1. 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 -
  1. Description (No. etc.) of article ................................................
  2. Name and address of depositor ...............................................
  3. Particulars of licence/ exemption .............................................
  4. Serial No. in register and date of deposit ..................................
  5. Date of expiry of licence .........................................................
  6. Date up to which deposited .....................................................
  7. ............................................. Signature of depositor
  8. ............................................ 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.
  1.  
  • 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.
  1. 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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