Arms Rules, 2016
[15th July, 2016
In exercise of the powers
conferred by Sections 5, 9, 10, 11, 12, 13, 16, 17, 18, 21, 41 read with
Section 44 of the Arms Act, 1959 (54 of 1959), and in supersession of the Arms
Rules, 1962, except as respects things done or omitted to be done before such
supersession, the Central Government hereby makes the following rules, namely-
Chapter I GENERAL
Rule - 1. Short title.-
(1)
These rules may be called the Arms Rules, 2016.
(2)
They shall come into force on the date of
their publication in the Official Gazette.
Rule - 2. Definitions.-
(I)
In these rules, unless the context otherwise
requires,-
(1)
?Act? means the Arms Act, 1959 (54 of 1959);
(2)
?air weapon? means a device that discharges a
projectile from a barrel under the pressure of compressed air or other gas but
that does not employ an explosive charge to do so;
(3)
?antique small arm? means [firearm
which has been in existence for not less than one hundred years];
(4)
?appellate authority? means the appellate
authority referred to in Rule 105;
(5)
?authority? or ?officer? means, except where
otherwise specifically provided in these rules, the District Magistrate or such
other officer as may, from time to time, be notified in the Official Gazette by
the Central Government;
(6)
?automatic? means a small arm or light weapon
that, after each discharge, automatically performs all the steps necessary to
prepare the weapon to fire again; and that will continue to fire for as long as
the trigger (or other activating device) remains depressed (assuming that
ammunition remains and jamming does not occur) and an automatic weapon uses a
portion of the energy from a firing cartridge to extract the spent cartridge
case from the firing chamber and eject it from the weapon, recock the firing
mechanism and load a new round of ammunition from the weapon's feed-device or
magazine into the firing chamber and if the trigger or other activating device
remains depressed, the firing pin is automatically released to begin a new
firing cycle;
(7)
?blank cartridge? means a cartridge without a
bullet or any other projectile;
(8)
?blank firing firearms? means firearms
capable of firing a blank cartridge;
(9)
?bullet? means the conical head of the
cartridge normally made of lead or copper that is expelled out of barrel or
cylinder by means of explosive charge or compressed air or other gas;
(10) ?caliber? means the internal diameter or bore of the
barrel of a firearm measured in inches or millimeters or geometric
circumference;
(11) ?carry? means to bear a small arm, upon, about or in the
proximity of one's person;
(12) ?cartridge? means a complete object consisting of a
cartridge case, primer, propellant, bullet or any single or multiple
projectile;
(13) ?chartered accountant? means a chartered accountant as
defined in clause (b) of
sub-section (1) of Section 2 of the Chartered Accountants Act, 1949 (38 of
1949) who holds a valid certificate of practice under sub-section (1) of
Section 6 of that Act;
(14) ?company? has the same meaning as assigned to it in the
Explanation under Section 33 of the Act;
(15) ?conversion? of firearm refers to a permanent change of
caliber or bore of a firearm and includes replacement or relining or reboring
of a barrel having an integral or separate chamber, replacement of cylinder
and/or barrel or related parts and change in configuration of action or
mechanism of a firearm but does not include converting a permissible category
firearm into a restricted or prohibited category firearm;
(16) ?configured for military use? means firearms and
ammunition (other than small arms and light weapons) manufactured and
configured according to specifications set by the Department of Defence
Production, Ministry of Defence;
(17) ?curio? means a small arm manufactured at least fifty
years prior to the current date or certified by the curator of a Government
regulated museum or that derives at least half of its monetary value from the
fact that it is novel, rare, bizarre, or associated with some historical
figure, period, or event and includes an antique small arm;
(18) ?deactivation? means to render a small arm or light
weapon incapable of expelling or launching a shot, bullet, missile or other
projectile by the action of an explosive, and which cannot be readily restored
to its original capability, and that has been certified and marked as
deactivated by an accredited gunsmith or a competent State Authority.
Explanation.-Deactivation requires that all pressure-bearing
components of a small arm or light weapon be permanently altered in such a way
so as to render the weapon unusable and includes modifications to the barrel,
bolt, cylinder, slide, firing pin and receiver or frame;
(19) ?dealer? means a person who, by way of trade or business,
buys, sells, tests (other than proof test), exports, imports or transfers or
keeps for sale, or test (other than proof test) arms or ammunition and includes
the Sports Authority of India (SAI), the National Rifle Association of India
(NRAI) and the State Rifle Associations affiliated to NRAI or directly
affiliated units of NRAI;
(20) ?dedicated sports person? means a person who actively
participates in sports shooting and who is a member of an accredited sports
shooting organisation;
(21) ?electronic disabling device? means an electronic device
capable of firing electrode projectiles propelled by compressed gas, which
stays connected to the main unit or device by a conductive wire, and causes
temporary neuro-muscular incapacitation of the target;
[(21-a)
?existing manufacturer? means any manufacturer holding manufacturing licence
under the Arms Rules, 1962 in Form IX or under the Industrial Development
(Regulation) Act, 1951 or rules framed thereunder on the date of notification
of these rules.]
(22) ?Government arms? means a firearm or other weapon which
is the property of Government; and ?Government ammunition? means ammunition
manufactured in any Government factory or prepared for and supplied to
Government other than such ammunition as may be released by Government for
civilian use;
(23) ?gunsmith? means any person who performs work of minor or
major repairs of firearms and subject to grant of prior permission of the
licensing authority, may alter the caliber or barrel length of a firearm or
perform such other work as may be specified by the licensing authority;
(24) ?handgun? means a small arm with a short stock at an
angle to and extending below the line of the barrel, that is designed to be
held and fired with one hand and includes pistols and revolvers;
(25) ?in-transit? means the conveyance through India to
another country of firearms or ammunition that have been imported;
(26) ?firearm replica? means an object designed to resemble a
firearm which has an appearance that is so realistic as to make it
indistinguishable, for all practical purposes, from a real firearm and which
has been rendered innocuous;
(27) ?Form? means a form as set out in Schedule III of these
rules;
(28) ?light weapon? means any man portable weapon designed for
use by two or three persons serving as a crew (although some may be carried and
used by a single person) that expels or launches, is designed to expel or
launch, or may be readily converted to expel or launch a shot, bullet or
projectile by the action of an explosive and includes, inter alia, heavy
machine guns, hand-held under barrel and mounted grenade launchers, portable
anti-aircraft guns, recoilless rifles, portable launchers of antitank missile
and rocket systems, portable launchers of anti-aircraft missile systems, and
mortars of a caliber of less than 100 millimeters, as well as their parts,
components and ammunition;
(29) ?main firearm component? means the barrel, frame or receiver,
slide, bolt or breech-block of a firearm;
(30) ?manufacturer? means a person, who manufactures, sells,
tests (other than proof test), exports, imports or transfers or keeps for sale,
or test (other than proof test) firearms, their parts, components or ammunition
or arms other than firearms;
(31) ?manufacturing? means making, producing or assembling-
(i)
a complete firearm;
(ii)
a pressure-bearing part or component of a
firearm (e.g. barrel, slide, cylinder, bolt, breech lock, firing pin, etc.);
(iii)
ammunition for firearm; or
(iv)
an arm other than a firearm, and includes-
(i)
reactivating a deactivated firearm; and
(ii)
substantially modifying the function of a
firearm (e.g. conversion to fully automatic), but does not include-
(i)
repair, restoration, maintenance or cosmetic
enhancement or alteration of a firearm; nor
(ii)
the non-commercial reloading of ammunition;
(32) ?marking? means application of permanent inscriptions on
firearms, ammunition and ammunition packaging to permit their identification;
(33) ?muzzle energy? means the kinetic energy of a projectile
as it is expelled from the muzzle of a firearm and expressed in joules or
foot-pounds;
(34) ?NDAL? means National Database of Arms Licences;
(35) ?paintball? means a projectile (spherical gelatin
capsule) that primarily consists of non-toxic water soluble substances and dye
designed to mark a person or an object;
(36) ?paintball marker or paintball gun? means a device
capable of firing paintballs by use of an expanding gas or compressed air,
whether operated mechanically or electro-pneumatically;
(37) ?parts and components? mean any element or replacement
element specifically designed for a firearm and essential to its operation and
includes barrel, frame or receiver, slide or cylinder, bolt or breech block,
and any device designed or adapted to diminish the sound caused by firing;
(38) ?pistol? means a handgun with a chamber as an integral
part of, or permanently aligned with, the barrel;
(39) ?port? includes a seaport, an airport and a land port;
(40) ?rimless? means a cartridge where the rim has the same
diameter as the base of the case and used in firearms that feed from a box
magazine;
(41) ?rimmed cartridge? means where the rim has a
significantly larger diameter than the base of the cartridge with the rim
serving to hold the cartridge at the proper depth in the chamber;
(42) ?revolver? means a handgun with a breech-loading,
chambered cylinder so arranged that the cocking of the hammer or depression of
the trigger rotates the cylinder and brings the next cartridge in line with the
barrel for firing;
(43) ?repair? of firearm may be minor or major-
(1)
?minor repair? includes-
(i)
cleaning and carrying out refinishing, fixing
slings, recoil pads, installation of prefabricated stock, general accessories,
preservative packaging and ensuring accuracy or safe working of the firearm and
its components;
(ii)
fabricating or replacing or working on old,
damaged, worn-out, eroded, shot out part of a firearm (excluding barrels or
receivers or frames or breech bodies or bolts) for the purpose of repair and
safe functioning;
(iii)
making and replacing stocks, grips (butt
stock) and other parts;
(iv)
ensuring accuracy or safe working of the
firearm by means of carrying out work on complete barreled action, fabricating,
fitting or adjusting optics, sights, other components, etc., including test
firing;
(v)
making and installing accessories and tuning
fabricated parts.
(2)
?major repair? requires extensive primary and
secondary machining operations of critical parts and includes-
(i)
working on critical parts including
fabrication of components like barrels and actions (reboring or re-chambering
or replacing or remaking barrels, remachining of receivers or frames, bolts,
slides, cylinders, breech, etc. and other components) for the purpose of repair
or conversion;
(ii)
shortening, conversion, working on triggers,
safeties and general safety testing of firearms and devices including firing or
testing of firearms repaired or converted.
(44) ?responsible person? means in the case of a company, the
person nominated in an application for an arms licence by a company;
(45) ?rifle? means a small arm designed to expel, through the
action of an explosive, a single projectile through a rifled barrel, while
supported against the shoulder and held with both hands;
(46) ?Schedule? means a Schedule appended to these rules;
(47) ?selective fire? means capability of a small arm or light
weapon that can be adjusted to fire in two or more of the following ways:
(i)
semi-automatic (i.e. one shot per depression
of the trigger);
(ii)
multi shot burst (i.e. a set number of shots
per depression of the trigger); or
(iii)
automatic (i.e. continuous fire while the
trigger is depressed).
(48) ?self-loading? means semi-automatic;
(49) ?semi-automatic? means a small arm or light weapon that,
after each discharge, automatically performs all of the steps necessary to
prepare the weapon to fire again, but that requires a separate depression of
the trigger to fire each round of ammunition;
(50) ?shotgun? means a small arm designed to expel, through
the action of an explosive, shot or a single projectile through a smooth-bored
barrel, while supported against the shoulder and held with both hands;
(51) ?small arm? means any man portable lethal weapon designed
for individual use (of caliber up to 12.7 mm) that expels or launches, is
designed to expel or launch, or may be readily converted to expel or launch a
shot, bullet or projectile by the action of an explosive and includes inter
alia, revolvers and self-loading pistols, rifles and carbines, sub-machine
guns, assault rifles and light machine guns, as well as their parts, components
and ammunition but does not include antique small arms and firearm replica.
Note.-Shotguns, sporting rifles and muzzle loading black
powder firearms, though of caliber of more than 12.7 mm are also covered under
small arms;
(52) ?sport shooting? means competitive and recreational sports
that involve tests of proficiency (accuracy and speed) using permissible
category of firearms, ammunition and targets;
(53) ?section? means a section of the Act;
(54) ?trade transfer? means sale or transfer of arms or
ammunition between a manufacturer and a dealer or between a dealer and another
dealer during the normal course of the business and includes a sale or transfer
on consignment basis;
(55) ?unloaded? means that any propellant, projectile or
cartridge which can be discharged from the firearm is not contained in the
breech-block or firing chamber of the firearm nor in the cartridge, magazine or
cylinder attached to or inserted into the firearm;
(56) ?use of a firearm? includes displaying, aiming and firing
as well as manipulating the working parts of a firearm but does not include
cleaning or maintenance;
(57) ?UIN? means Unique Identification Number generated in
NDAL for a licensee under these rules.
(II)
Words and expressions used but not defined in
these rules shall have the meanings respectively assigned to them in the Act.
Rule - 3. Classification of arms and ammunition.-
For the purposes of the Act
and these rules, arms and ammunition shall be of the categories specified in
columns (2) and (3) respectively of Schedule I and references to any category
of arms or ammunition in these rules shall be construed accordingly.
Rule - 4. Licence for arms other than firearms and applicability of Section 4.-
(1)
Unless the Central or the State Government by
notification in the Official Gazette so directs, no licence shall be required
for the manufacture, sale, possession for sale or test, of arms of Category V
in Schedule I except in the areas notified under Section 4.
(2)
In any area specified in the notification
issued by the Central Government under Section 4 of the Act, licence for
acquisition, possession or carrying in that area of arms of such class or
description as may be specified in that notification may also be granted or
renewed as provided in Schedule II, subject to such conditions as may be
specified in these rules, that Schedule and in the licence.
Chapter II LICENSING PROCEDURE
Rule - 5. Licensing authority and forms of licences.-
Licences under Chapter II
of the Act may be granted or renewed for, such purposes, by such authorities,
in such forms and to be valid for such period and in such areas as are
specified in Schedule II, subject to such conditions as are specified in these
rules, that Schedule and in the licence:
Provided that the licences
granted or renewed by a licensing authority may be signed by such officer
subordinate to that authority as may be specially empowered in this behalf by
the State Government.
Rule - 6. Restriction in granting licences for acquisition, possession or carrying of arms or ammunition of Category I of Schedule I.-
No licence shall be granted
for acquisition, possession or carrying of arms or ammunition specified in
Category I(b) or I(c) in Schedule I unless they have
been legally manufactured in India or lawfully possessed or lawfully imported
into India or are being imported into India with the sanction of the Central
Government.
Rule - 7. Licensing authorities to furnish information to District Magistrate.-
(1)
A copy of every licence granted for arms or
ammunition specified in Category I(a),
I(b), I(c) and Category II in Schedule I shall forthwith be sent to the
District Magistrate of the place in which the arms or ammunition are to be
kept.
(2)
A copy of every other licence granted in any
Form by any authority other than a District Magistrate shall be sent forthwith
to the District Magistrate having jurisdiction over the area in which the place
of business or residence of the licensee is situated.
(3)
The licences granted under sub-rule (1) and
sub-rule (2) shall be intimated through NDAL system to the District Magistrate
of the place having jurisdiction over the area in which the place of business
or residence of the licensee is situated.
Rule - 8. Possession of arms or ammunition for certain purposes to include use thereof.-
Possession of the following
arms or ammunition for the purposes mentioned against each, includes use
thereof, for such purposes only provided that such use does not involve
manufacture of any arms or ammunition (including explosives and fireworks)-
(a)
arms for theatrical performance, historical
re-enactment, historical research (including assessment of performance),
cinematograph or television production or signaling for starting races or
athletic meets and safety equipment including signal flare guns, line throwing
guns, avalanche cannon, etc.;
(b)
ingredients of ammunition including sulphur
and chlorates for bona fide industrial, agricultural or medicinal purposes.
Rule - 9. Restrictions by Central Government in certain cases.-
Any licence having effect
outside the State in which it is granted, shall be subject to any restrictions,
which may be imposed by a general or special order of the Central Government.
Rule - 10. Safe use and storage of firearms.-
(1)
Every applicant applying for a licence in
Form II, Form III and Form IV; or a rifle club or association or firing range
or staff employed by such club, association or firing range, applying for a
licence in Form V; or a manufacturer or dealer or gunsmith or staff employed by
such manufacturer, dealer or gunsmith applying for a licence in Form VII, Form
VIII, Form IX or Form IX-A, shall be required to complete arms and ammunition
safety training course which shall include-
(a)
basic arms and ammunition safety practices,
including safe handling and carry procedures;
(b)
firing techniques and procedures;
(c)
care of arms and ammunition;
(d)
safe storage and transportation of arms and
ammunition;
(e)
reasonable working knowledge of important
provisions of the Act and these rules; and
(f)
responsibilities of the arms owner or user,
particularly in relation to children.
(2)
The safety training course under sub-rule (1)
shall be conducted by the accredited trainer or master accredited trainer
having licence under Rule 39, who shall issue a certificate in Form S-1, to the
applicant, on successful completion of the said course.
(3)
The effective date and duration of the safety
training course as laid down in sub-rule (1) shall be notified by the Central
Government by issuing a general or special order in this regard.
(4)
Every application for a licence in Form II,
Form III and Form IV shall be accompanied by-
(a)
a written undertaking that the applicant has
the capacity to store the firearm safely and securely in a safe or steel
almirah in order to minimise the risk that it could be stolen or accessed by
someone other than the licensee; and
(b)
a written undertaking to practice safe
storage of the firearm (in knocked down condition) and its ammunition and to
educate the children about the dangers of interacting with arms and ammunition,
in Form S-2.
(5)
The licensing authority responsible for the
grant or renewal of a licence shall conduct periodic inspections of the
premises of companies, dealers, gunsmiths and manufacturers where arms and
ammunition are stored in order to ensure compliance with safe storage
requirements.
(6)
[Small arms falling under the category of curio shall be
kept securely and out of reach of other persons by the owner. Such small arms
shall not be used, carried or transported without the prescribed licence.
(7)
No licence is required for Indian citizens
for acquisition, possession of small arms falling under the category of curio.
However, appropriate licence as prescribed would be required for use or to
carry or transport such small arms. Without the endorsement of such firearms in
the prescribed licence of the owner, no ammunition shall be sold for their use.]
Rule - 11. Application for licence.-
(1)
Every application for the grant of a licence
under these rules-
(a)
shall be submitted in Form A-1 to A-14 as
applicable to the category of the licence applied;
(b)
may be presented by the applicant in person
or sent through the medium of post office or filed electronically or otherwise,
to the licensing authority, as far as possible, having jurisdiction in respect
of the place where he ordinarily resides or has his occupation.
(2)
Where the grant of licence requires a certificate
of no objection from some other authority as provided in Rule 98, shall state
whether such certificate has been obtained and, if so, be supported by evidence
thereof either in physical form or by an electronically generated confirmation
on NDAL system for the particular UIN of the applicant.
(3)
Every application for grant of licence for
special category under Chapter III of these rules, shall be subject to such
additional requirements specified for these categories in that chapter.
(4)
Every application in Form A-1 submitted by an
individual for grant of a licence in Form II, Form III or Form IV shall be
accompanied by the following documents, namely-
(a)
four passport size copies of the latest
photograph of the applicant (in transparent background);
(b)
proof of date of birth;
(c)
identification proof-
(i)
Aadhar Card; or
(ii)
in case the applicant does not have Aadhar
Card, a written declaration in the form of an Affidavit to be submitted in this
regard along with an alternative identification proof which may include Passport
or Voter's Identification Card or Permanent Account Number (PAN) card or
Identity Card issued to the employees;
(iii)
in case of exemptee sports persons, shooters
identification card issued by the National Rifle Association of India.
(d)
residence proof in case the applicant does
not possess Aadhar Card or Passport, which may include-
(i)
voter's identification card; or
(ii)
electricity bill; or
(iii)
landline telephone bill; or
(iv)
rent deed or lease deed or property
documents; or
(v)
any other document to the satisfaction of the
licensing authority.
(e)
safe use and storage of firearms undertaking
referred to in sub-rule (4) of Rule 10;
(f)
for professional category applicant, referred
to under clause (a) of sub-rule
(3) of Rule 12, self-attested copies of the educational and professional
qualification certificates, wherever applicable;
(g)
medical certificate about mental health and
physical fitness of the applicant with specific mention that the applicant is
not dependent on intoxicating or narcotic substances (in Form S-3);
(h)
in case of an application for a licence in
Form IV, the particulars specified in sub-rule (2) of Rule 35 along with a
permit from the authority empowered under the Wild Life (Protection) Act, 1972
(53 of 1972);
(5)
Every application in Form A-2 submitted by a
company for the grant of a licence in Form II or Form III, shall be accompanied
by the following documents, namely-
(a)
written undertaking on the letter head of the
applicant duly signed by the responsible person defined under clause (44) of
Rule 2;
(b)
original copy of the board resolution passed
or an authority letter confirming the appointment of responsible person
referred to in clause (a);
(c)
certified copies of the founding documents of
the company including Memorandum and Articles of Association;
(d)
safe use and storage of firearms undertaking
referred to in sub-rule (4) of Rule 10.
(6)
An application by a member of the armed
forces of the Union shall be made through his Commanding Officer to the
licensing authority having jurisdiction in respect of the place to which he is
for the time being posted.
(7)
The licensing authority may, in accordance
with any instructions issued by the State Government in respect of all or any
class of firearms, require the personal attendance of the applicant before
granting the licence under this rule.
(8)
The applicant shall not suppress any factual
information or furnish any false or wrong information in the application form.
Rule - 12. Obligations of licensing authority in certain cases.-
(1)
Save as otherwise provided in the Act, every licensing
authority granting a licence in Form III to an individual for the restricted or
permissible arms or ammunition as specified in Category I(b) and I(c) or Category III respectively in Schedule I, shall have due
regard to the application of norms specified in sub-rules (2) and (3).
(2)
For grant of a licence for the restricted
arms or ammunition specified in Category I(b) and I(c) in
Schedule I, the licensing authority, may consider the application of-
(a)
any person who faces grave and anticipated
threat to his life by reason of-
(i)
being resident of a geographical area or
areas where militants, terrorists or extremists are most active; or
(ii)
being the prime target in the eyes of
militants, terrorists or extremists; or
(iii)
facing danger to his life for being inimical
to the aims and objectives of the militants, terrorists or extremists; or
(b)
any Government official who by virtue of the
office occupied by him or by the nature of duty performed by him and/or in due
discharge of his official duty is exposed to anticipated risk to his life; or
(c)
any Member of Parliament or Member of
Legislative Assembly, who by virtue of having close or active association with
anti-militant, anti-terrorist or anti-extremist programmes and policies of the
Government or by mere reason of holding views, political or otherwise, exposed
himself to anticipated risk to his life; or
(d)
any family member or kith and kin of a person
who by the very nature of his duty or performance (past or present) or position
occupied in the Government (past or present) or even otherwise for known or
unknown reasons exposed himself to anticipated risk to his life; or
(e)
any other person, for any legitimate and
genuine reason, to the satisfaction of the licensing authority, by passing of a
speaking order in this regard:
Provided that before grant
of a licence under this sub-rule, the licensing authority based on the
recommendations of the District Magistrate and of the State Government
concerned and on examination of the police report and after conducting a
separate verification from its own source, shall satisfy itself that the
applicant requires such licence.
(3)
For grant of a licence for the permissible
arms or ammunition specified in Category III in Schedule I, and without
prejudice to the provisions contained in clause (a) of sub-section (3) of Section 13, the licensing authority,
based on the police report and on his own assessment, may consider the
applications of-
(a)
any person who by the very nature of his
business, profession, job or otherwise has genuine requirement to protect his
life and/or property; or
(b)
any dedicated sports person being active
member for the last two years, of a shooting club or a rifle association,
licensed under these rules and who wants to pursue sport shooting for target
practice in a structured learning process; or
(c)
any person in service or having served in the
Defence Forces, Central Armed Police Forces or the State Police Force and has
genuine requirement to protect his life and/or property.
Rule - 13. Time limit for grant of licence.-
The licensing authority,
after considering the application and on being satisfied that the applicant has
fulfilled the eligibility conditions, shall grant or refuse to grant a licence
for permissible category of arms or ammunition specified in Category III of
Schedule I, to any person by recording in writing the reasons for such grant or
refusal, by passing a speaking order, within a period of sixty days of the
receipt of the police report:
Provided that the licensing
authority shall specify, the type of arms and ammunition to be procured by the
applicant after assessing the reason and the need for possession of the type of
arms and ammunition applied for by the applicant, considering its lethality or
fire power.
Rule - 14. Time limit for police report for grant of licences.-
(1)
On receipt of an application for grant of a
licence under sub-section (1) of Section 13 or every subsequent renewal thereof
under Section 15, the licensing authority shall call for a report of the
officer in-charge of the nearest police station on that application, and such
officer shall send his report in Form S-4, within a period of thirty days from
the date of receipt of application by him.
(2)
The Central Government may by issuance of a
general or special order, extend the period of thirty days as specified in
sub-rule (1) up to ninety days for certain areas or States for any reason
deemed appropriate by it.
(3)
The licensing authority may in case of
non-receipt of police report within the period of thirty days under sub-rule
(1) or within the extended period under sub-rule (2), make an order in writing
for grant or refusal of licence, without further waiting for the report.
Rule - 15. Maintenance of records in electronic format and consolidation of licences.-
(1)
Every licensing authority and the renewing
authority specified in Schedule II, while granting a licence or renewing a
licence, thereof, shall enter the data of the record locally in an electronic
format specified by the Central Government.
(2)
[Every licensing authority and the renewing authority
shall also enter such data in the NDAL system which shall generate a unique
identification number (UIN) and with effect from the [30th
June, 2020], any arms license without UIN shall be considered invalid.]
(3)
The UIN so generated under sub-rule (2) shall
be unique for a licensee.
(4)
[(Any existing licensee holding multiple licenses in Form
III shall on or before the [30th
June, 2020], make an application for grant of a single license in respect of
all the firearms held by him under his UIN, to the concerned licensing
authority:
Provided that where the
applicant applying a license for restricted category of arms or ammunition
specified in Schedule I is also a holder of a licence for permissible category
of arms or ammunition specified in the said Schedule; or where the applicant,
applying for permissible category of arms or ammunition is also a holder of a
licence for restricted category of arms or ammunition specified in the said
Schedule, the licensing authority concerned shall issue a new licence for such
restricted or permissible category of arms or ammunition, as may be applicable,
under the existing UIN of the licensee:
[Provided further that separate licence either in book
form or in electronic form shall be generated in case of each licence in Form
II, Form III, Form III-A and Form IV and in case of a licence in Form III,
separately for restricted and permissible categories of arms and ammunition
specified in Schedule I, with an overall ceiling of two firearms under a single
UIN].]
(5)
The licensing authority on receipt of an
application from a multiple licence holder under sub-rule (4) shall cancel the
existing multiple licences of the applicant and issue in lieu thereof, a new
licence endorsing therein, all the existing firearms of the said licensee.
(6)
The period of validity of the new licence so
issued by the licensing authority under sub-rule (5) shall be the farthest
period as mentioned in any of the cancelled licences and the area validity
endorsed on the new licence shall be the more extensive area in any of the
cancelled licences.
Rule - 16. Duty of licensing authority under NDAL.-
(1)
The licensing authority, while granting or
renewing a licence or at the time of providing any allied service to any
licensee under these rules shall ensure that the data of the transaction
approved by him, is simultaneously updated in the electronic format locally and
on the NDAL system under its login ID:
Provided that the licensee
shall not be held accountable for failure on the part of the licensing
authority to update such data in the electronic format.
(2)
The licensing authority shall ensure
compliance of delivery of different services specified in column (2) of
Schedule V, within the time specified in column (4), of the said Schedule.
Rule - 17. Registration of licence with an outside licensing authority and change of address with existing licensing authority.-
(1)
If a person who holds a licence in Form III
changes his place of residence, permanently, or temporarily for a period of
more than six months, and carries with him the arms covered by the licence, to
a place falling, other than within the jurisdiction of the existing licensing
authority indicated in the licence, he shall, immediately before the expiry of
a period of six months, send intimation about such change to the licensing
authority of the place of his new residence and shall on demand, forthwith
produce the licence and the arm or arms to the new licensing authority by
applying in Form B-1 and indicating there in the particulars of his new
residence.
(2)
The licensing authority of the new place of
residence of the licensee on receiving an application in Form B-1 under
sub-rule (1), shall within a period of fifteen days, register the licensee in
the NDAL system whereby the UIN of the licensee shall stand activated and
transferred to its jurisdiction and deactivated from the records of the
original licensing authority or the last renewing authority as the case may be
and thereupon a new licence book shall be issued to the licensee and such new
authority shall be the licensing or the renewing authority in relation to the
said licence.
(3)
Where the licensee changes his permanent
place of residence within the jurisdiction of the existing licensing authority,
he shall forthwith inform the same to the licensing authority with the proof of
his new place of residence and if such change has resulted in change of
jurisdiction of police station, along with information of the police station of
his new place of residence and the licensing authority shall within a period of
fifteen days, register the change of residence of the licensee in the NDAL
system whereby the UIN of the licensee shall stand activated under the new
police station and deactivated from that of the last police station.
Rule - 18. Permission for possession of arms to be acquired subsequent to grant of licence.-
When a licence is granted
in Form II, Form III, Form IV or Form V for the possession of arms to be
acquired by the licensee subsequent to the grant of the licence, the authority
granting the licence shall at the time of granting the same, direct that the
arms covered by the licence shall be acquired within a period of two years and
that the licence or the arms or both shall be produced for his inspection and
if within the said period of two years, the licensee fails to acquire the arms
and to produce the licence, or the arms or both, as the case may be, the
licence shall cease to be in force:
Provided that the licensing
authority may extend the period of two years by a further period of one year,
on the basis of a written representation received from the licensee and after
recording the reasons for granting such an extension:
Provided further that if
during the period of two years or the extended period of one year, as the case
may be the licensee wishes to acquire and possess any arm or arms of a
different description and the licensing authority has no objection to allow the
acquisition and possession of such arm or arms, he may amend the licence
accordingly:
Provided also that where
the licensee changes his place of residence, after the grant of licence but
before acquisition of any arm, he may produce the licence or arm or both for
inspection before the licensing authority of the place of his new residence to
which the licensee may have shifted and the said authority on inspecting the
arm, shall register and update the information on NDAL system:
Provided also that the
provisions contained in this rule shall apply mutatis mutandis to any
acquisition of an additional arm or arms which the licensee may desire to acquire
subsequent to grant of licence on account of sale or transfer or disposal of
the arm or arms already possessed or otherwise as a fresh acquisition subject
to the [overall limit of two
firearms].
Rule - 19. Extension of area validity of licence.-
(1)
On receipt of an application from a licensee
holding a licence in Form III, the licensing authority may extend the area of
validity specified in his licence, if he is satisfied about the need of such
extension subject to the condition that the licensing authority has the power
to grant a licence in relation to the area to which extension is being sought.
(2)
The application for extending the area
validity for whole of India may be granted by the licensing authority as
specified in column (5) of Schedule II, in respect of the following category of
licensees, namely-
(a)
Union Ministers or Members of Parliament;
(b)
Personnel of Defence Forces and Central Armed
Police Forces;
(c)
Officers of All India Services;
(d)
Officers in the Government or Government
Sector Undertakings or Public Sector Undertakings with liability to serve
anywhere in India;
(e)
Dedicated sports persons and the sports
persons specified in serial numbers (1) to (4) of the table in sub-rule (2) of
Rule 40.
(3)
In other cases, where the licensing authority
is satisfied that the nature of business or profession of the applicant
requires him to carry arm or arms frequently beyond the existing jurisdiction
and such a requirement may not be met by the issuance of a journey licence in
Form XI of these rules, the application for extending the area validity for
whole of India may be granted by the licensing authority specified in column
(5) of Schedule II to the applicant.
(4)
[The Area validity granted under sub-rule (3) shall not
terminate with the validity period of the licence and the renewing authority
shall not vary the area validity at the time of renewal of licence:
Provided that where in any
case, the renewing authority on the basis of some material evidence, is
satisfied that area validity for the whole of India is not required anymore, it
may send the recommendations to the licensing authority concerned for review of
the area validity.]
Rule - 20. Additional licences for individuals.-
(1)
The holder of a licence in Form III, for
permissible category of firearms, as specified in Schedule I, may apply for
grant of additional licence for any two of his close relatives who are not in
possession of any licence in Form III and who are residing with him at the
address given in the licence, to possess, carry or use any of the arms or
ammunition covered by his licence and the licensing authority shall grant a
licence to such additional licensee if the eligibility conditions under the Act
and these rules are fulfilled by the said additional licensee and there are no
adverse remarks in the police report.
(2)
The additional licensee under his UIN shall
be granted a separate licence, with the arms and ammunition of the parent
licence endorsed thereupon:
Provided that the
additional licensee shall not be permitted to, acquire any arms or ammunition
on his licence.
(3)
The additional licensee shall not obtain a
licence in his individual capacity during the period he holds an additional
licence under this rule.
(4)
The licensing authority shall ensure that the
details of additional licensees are endorsed on the parent licence and the
period of validity and the area validity of the additional licence are
pari-passu with that of the parent licence and if the parent licence is
suspended, revoked or cancelled, the additional licences shall also be subject
to the same consequence.
(5)
The additional licensee shall not sell or
transfer the arms and ammunition endorsed on his licence.
(6)
In case the holder of an additional licence
shifts temporarily or permanently from the premises of the parent licensee,
such additional licence shall automatically lapse and the person to whom such
additional licence was issued, shall return his licence to the licensing
authority by whom the licence was issued and the responsibility for furnishing
such intimation to the licensing authority shall be that of the parent
licensee.
(7)
The parent licensee may request the licensing
authority to revoke or cancel the licence of any of his additional licensees by
submitting an application along with the original licence and in all such cases,
the licensing authority shall revoke or cancel the licence of the additional
licensee.
Explanation.-For the purposes of this rule, ?close relatives? means
spouse, son, daughter, brother and sister.
Rule - 21. Retainers for exemptees.-
(1)
A licence in Form III-A for possession and
carrying of arms or ammunition may be granted to a person nominated to be his
retainer by a person exempted under Section 41 of the Act from licensing
requirements:
Provided that the retainer
shall have no right, independent of the person so exempted, to use the arms or
ammunition covered by the licence, and the licence shall cease to be in force
on the day on which the person so exempted has ceased to be an exemptee, or the
retainer has ceased to be a nominee of the exemptee.
(2)
The licensing authority shall obtain a report
from the police, about the antecedents of the retainer nominated under sub-rule
(1) and take into consideration such report before admitting him as a retainer
in a licence granted in Form III-A.
Rule - 22. Retainers for companies.-
(1)
A licence in Form II or Form III granted to a
company for the protection of its premises or property shall be in the name
(with designation) of the responsible person who shall be accountable and
responsible for the custody of the arms and ammunition.
(2)
The name of a servant or any other employee
entrusted with the arms and ammunition for guarding the premises or property of
the company shall be entered as a retainer in the licence.
(3)
The licensing authority shall issue to the
licensee a permit in Form III-B for each of such retainers shown in the licence
and such permit shall remain in the personal custody of the responsible person
of the company and shall be handed over to the retainers when they are
entrusted with the arms and ammunition covered by the licence:
Provided that the licensee
at the time of making application for retainer shall submit along with the
application in Form B-3, four recent passport size photographs of the retainer
to be appointed and the proof of his employment with the company:
Provided further that the
licensing authority, shall obtain a report from the Police about the
antecedents of the retainer and take into consideration such report before
admitting him as a retainer.
(4)
On an application from a company, holding a
licence in Form II or Form III, for a change of the responsible person of the
company in whose name the licence has been granted or of a retainer included in
the licence, the necessary amendments may be made in the licence by the
licensing authority.
Rule - 23. Restriction on the quantity of ammunition used in breech-loading firearms.-
(1)
For the purposes of the Act and these rules,
quantity of ammunition for the licences granted in Form II, Form III or Form IV
for breech loading firearms shall be restricted as under, namely-
|
Maximum purchasable during a
calendar year (per firearm)
|
200
|
|
Maximum to be possessed at
any given time (per firearm)
|
100
|
(2)
(a)
Notwithstanding anything contained in sub-rule (1), the State Government
concerned may allow a higher quantity of ammunition in exceptional cases on
merits and on the basis of good and sufficient reasons to be recorded in
writing.
(b) The Central Government in the
Ministry of Home Affairs may allow a higher quantity of ammunition in
exceptional cases by issuance of a general or special order in this regard.
Rule - 24. Renewal of licences.-
(1)
Every licence may, at its expiration and
subject to the same conditions (if any) as to the grant thereof, be renewed by
the authority mentioned in Schedule II as renewing authority within a period of
thirty days of receipt of the police report:
Provided that the licence
so renewed may be signed in the appropriate column of the licence by such
officer as may be specifically empowered in this behalf by the State Government
under Rule 5.
(2)
An application for renewal of a licence for
arms or ammunition shall be filed in the Form wherein specified at least sixty
days prior to the expiry of the said licence with the licensing authority along
with the documents wherein specified in the Form:
Provided that in the case
of arms and ammunition deposited under sub-rule (1) of Rule 48, the renewal
application may be filed either by the depositor, or where it is not
practicable to make the application direct, through the dealer or any other
person authorised by him in writing in this behalf, while the arms or
ammunition continue to be so deposited.
(3)
The authority issuing a licence shall
ordinarily be responsible for watching all future renewals of the licence:
Provided that where a
licensee notifies a change of his place of residence, permanently or
temporarily for a period of more than six months, to the licensing authority of
the district in which the renewal is sought, the licensing authority of that
district shall thenceforth become responsible for watching all future renewals
of his licence.
(4)
The new renewing authority shall, in respect
of a licensee who notifies a change of his place of residence under sub-rule
(3), register the licensee under its own jurisdiction in accordance with the provisions
specified in Rule 17 and carry out the renewal thereof and forthwith, inform
the original issuing or last renewing authority.
(5)
The licensing authority may consider an
application for renewal of a licence, if the period between the date of its
expiry and the date of application is not, in his opinion, unduly long with due
regard to the circumstances of the case, and all renewal fees are paid;
otherwise the application may be treated as one for grant of a fresh licence.
(6)
The licensing authority may, in accordance
with any instructions issued by the State Government in respect of all or any
class of firearms, require the personal attendance of the applicant before
renewing the licence under this rule.
Rule - 25. Grant of licences to legal heirs.-
(1)
The licensing authority may grant a licence-
(a)
after the death of the licensee, to his legal
heir; or
(b)
in any other case, on the licensee attaining
the age of seventy years or on holding the firearm for twenty five years,
whichever is earlier, to any legal heir nominated by him:
Provided that
notwithstanding the provisions contained in Rule 12 of these rules, the
licensing authority may grant a licence to such legal heir if the eligibility
conditions under the Act and these rules are fulfilled by the said legal heir
and there are no adverse remarks in the
[police report : ]
[Provided further that while granting arms licence on
inheritance or heirloom basis, the limit of two firearms shall not be
exceeded.]
(2)
Where a licensee leaves behind more than one
legal heir and the legal heirs decide amongst themselves to retain the arm or
arms of the deceased, one of the legal heirs nominated by all other legal heirs
may apply for a licence under sub-rule (1) along with the following documents,
namely-
(i)
a declaration of no-objection from the
remaining legal heirs;
(ii)
an indemnity bond executed by the applicant
giving full details of the licence and the arm or arms endorsed thereupon; and
(iii)
a copy of the death certificate of the
deceased licensee.
(3)
Where the legal heirs decide to dispose of
the arm or arms endorsed on the licence of the deceased licensee, they may
apply to the licensing authority for grant of a limited period permission to
sell the arm or arms, within the time allowed by such authority, to any
licensed dealer or to any other person entitled to possess an arm under these
rules.
Explanation.-For the purposes of this rule, ?legal heir? [includes
father, mother,] husband, wife, son, daughter, son-in-law, daughter-in-law,
brother, sister and grandchildren of the licensee or the deceased licensee.
[15][Rule - 26. Form of certain licences.-
A licence in Form II, Form
III, Form IIIA, Form IV or Form V generated under the UIN of the licensee in
NDAL system, shall either be in book form serially numbered or in electronic
form and strictly as per the formats specified in the rules and in case of
individuals, shall contain the latest photograph of the licensee:
Provided that the licence
in book form for restricted category of firearms shall be of dark maroon colour
and for permissible category of firearms shall be of navy blue colour:
Provided further that the
licensing authority may levy fee as specified in Schedule IV for providing
licence in book form, or issue the licence in electronic form containing
details as notified by a local or special order issued by the Central
Government including levy of the fee for such electronic form of licence.]
Rule - 27. Fees for licences.-
(1)
(a)
Every licence granted or renewed under these rules shall, save as herein
otherwise expressly provided, be chargeable with the fee (if any) specified in
Schedule IV.
(b) In any case where fee is
prescribed for a year, fee for a fraction of a year shall be the same as for a
whole year.
(2)
Where a licensee submits his application for
renewal of his licence after the expiry of the period for which the licence was
granted, the licensing authority may, if he decides to renew the licence, at
his discretion, levy-
(a)
full fee as for initial grant of the licence;
and
(b)
a late fee of Rupees Two thousand, if he is satisfied
that the delay is not justifiable or excusable, nor serious enough to warrant
revocation of the licence or prosecution of the licensee:
Provided that if an
application for renewal for a licence in Form III is made within one month from
the date on which the licence expires, no late fee may be leviable.
(3)
The Central Government may, by issuance of a
general or special order and for reasons to be recorded in writing and subject
to such conditions, if any, as it may specify in the order, grant exemption
from, or reduction of, the fee payable in respect of any licence:
Provided that it shall be a
condition of every exemption from payment of the fee chargeable in respect of
the grant or renewal of any licence in Form III that if application for renewal
of such licence is not made within one month from the date on which the licence
expires, the licensing authority may, unless the applicant satisfies the
licensing authority that he had sufficient cause for not making the application
within that period, levy renewal fee at the rate specified in Schedule IV.
(4)
Differential fee shall be chargeable in
respect of a change of type of the arm or ammunition entered in a licence
granted for its acquisition under second proviso to Rule 18, if the licence fee
in respect of the arm or ammunition so changed is higher than that for the
original arm or ammunition.
Rule - 28. Fee payable for copies and duplicates.-
Where a licence granted or
renewed under these rules is lost or accidentally destroyed, the authority
empowered to grant such licence may grant a duplicate licence on payment of the
fee with which the original licence was chargeable.
Rule - 29. Collection of fees.-
All fees payable shall be
paid in cash or by way of bank pay order or demand draft or electronic banking
transfer at the time of application:
[Provided that in case of a licence in Form VII for the
manufacture and/or proof test of arms and ammunition, the fee shall be payable
at the time of grant of a licence.]
Rule - 30. Inspection of arms by the licensing authority.-
The authority by whom any
licence in Form II, Form III, Form IV or Form V has been granted or renewed,
may, for the purpose of satisfying itself that any arms covered by such licence
are still in the possession of the licensee at the time of renewal or at any
time while the licence is in force, by order in writing require the licensee to
produce the arm or arms at such time and place for inspection of such officer
as may be specified in the order.
Rule - 31. Production of licences.-
Any person who holds a
licence granted or renewed, or a permit or certificate granted under these
rules shall forthwith produce such licence, permit or certificate upon demand
by any Magistrate or any police officer of a rank not below that of an officer
in-charge of a police station.
Rule - 32. Restrictions on carrying of firearm in public place.-
(1)
No person shall carry a firearm in a public
place unless the firearm is carried-
(a)
in the case of a handgun-
(i)
in a holster or similar holder designed,
manufactured or adapted for the carrying of a handgun and attached to his
person; or
(ii)
in a rucksack or similar holder; or
(b)
in the case of any other firearm, in a holder
designed, manufactured or adapted for the carrying of a firearm.
(2)
A firearm contemplated in sub-rule (1) must
be completely covered and the person carrying the firearm must be able to
exercise effective control over such firearm.
(3)
Brandishing or discharge of firearms or blank
firing firearms in any public place or a firearm free zone is strictly
prohibited.
(4)
Any violation of this rule shall be liable to
revocation of the licence and seizure of the firearm in addition to the penalty
specified under the Act.
Rule - 33. Correction of information.-
(1)
Any request for correction of the information
contained in a licence which has been incorrectly uploaded in the NDAL system
shall be made by submitting a written application together with supporting
documents, to the concerned licensing authority.
(2)
Where an application referred to in sub-rule
(1) concerns the detail of a firearm which has been incorrectly reflected on a
licence, the licensing authority may call for the physical inspection of the
firearm to confirm the details of the firearm or call for a certificate from a
gunsmith holding a licence in Form IX or an armourer working with Defence
Forces, Central Armed Police Forces and State Police Forces.
(3)
The gunsmith or armourer referred to in
sub-rule (2), on having examined the firearm, shall issue a certificate stating
the action, design, type, make, model, caliber and serial number or additional
marking of the firearm.
(4)
The correction of information shall take
place at no cost to the applicant where the error in uploading the information
was attributable on the part of the licensing authority.
Rule - 34. Identification marks on firearms.-
(1)
A person, who has in his possession any
firearm which does not bear distinctly a manufacturer's name, number or other
identification mark shall get the identification mark stamped on the firearm
after obtaining prior approval of the licensing authority which will consist-
(a)
such distinct letters as may be prescribed
for the purpose by the State Government;
(b)
serial number of the arms licence; and
(c)
the year of stamping, in that order on the
barrel and the frame, or the barrel and the receiver of the firearm.
(2)
When an imported firearm kept for sale by a
dealer does not bear the manufacturer's name, such distinguishing mark of the
importer as allotted by the State Government shall be engraved on the barrel
and the frame, or the barrel and the receiver of the firearm after obtaining
prior permission of the licensing authority:
Provided that if a barrel
bears more than one number, the distinguishing mark shall be affixed to the
number appearing on the original invoice:
Provided further that where
the manufacturer's number appears only on the trigger-guard or other
replaceable part, that number shall also be engraved on the barrel and the
frame, or the barrel and the receiver of the firearm.
Chapter III SPECIAL CATEGORIES OF LICENCES
Rule - 35. Licence for destruction of wild animals which do injury to human beings or cattle and damage to crops.-
(1)
The grant of arms licences under this rule
shall be subject to the provisions of the Wild Life (Protection) Act, 1972 (53
of 1972), in respect of the States and Union Territories where the said Act is
applicable.
(2)
The application under this rule for grant of
a licence in Form IV shall specify details of the land and cultivation
requiring protection and area in which the arms and ammunition are required to
be carried.
(3)
Where, after the end of any harvest season,
the State Government considers it expedient that for the protection of wild
life in any area, any arms or ammunition licensed in Form IV should be
deposited in a police station or with a licensed dealer, it may, by order,
require any licensee to deposit such arms or ammunition for such period as the
arms or ammunition are not required for the purposes for which the licence is
granted and as may be specified therein, and thereupon the licensee shall be
bound to comply with such order.
Rule - 36. Licence for training and target practice.-
(1)
Any person below the age of twenty one years
but not below the age of twelve years may be allowed to use permissible
category of arms for the purposes of training in the use of such arms in the
immediate presence, or, under the direct supervision and guidance, of an adult
instructor or the licensee:
Provided that no person
below the age of twenty-one years shall be allowed, to carry any permissible
category of arms requiring a licence in a public place except in the immediate
presence and supervision of the person who is lawfully authorised to carry such
arms by the licensee.
(2)
Any person who applies for a licence to
possess permissible category of arms in Form III in order to practice sport
shooting shall be required to show evidence that he participates in such
activities or that he is in a structured learning process.
(3)
The use of arms that are licensed for the
purpose of sport shooting shall be limited to practice and competition at sport
shooting clubs or at shooting ranges.
(4)
A dedicated sports person, holding a licence
in Form III shall be able to lend his arms temporarily for a period not
exceeding three months for the purpose of sport only to another dedicated sports
person lawfully entitled to possess such type of armband subject to the
conditions that-
(a)
the arm is used by the borrower in the
presence of the licence holder or under his written authority along with a
certified copy of his licence, which shall show the number and other
identification marks of the arm and the period for which it is lent;
(b)
in the event of the arm being misused by, or
stolen or lost due to the gross negligence of the borrower, the licence of the
lender thereof shall be liable to be revoked in addition to being liable to be
prosecuted under the provisions of the Act; and
(c)
the borrower shall, on demand produce proof
of such lending.
(5)
Where in the absence of lender, the borrower
of arms under sub-rule (4), intends to take the arms and ammunition to a
shooting range for training or target practice or participation in a shooting
competition, he shall carry a written authority in Form V-A signed by the
lender in respect of the arms and ammunition and in the area and for the period
specified in the said written authority along with a certified copy of the arms
licence of the lender:
Provided that where the
arms or ammunition are intended to be taken out of the State, the written
authority shall be attested by the President or Secretary of the district or
State Rifle Association, with whom such lender is registered.
Explanation.-For the purpose of this rule, an ?adult? means a person
who has completed the age of twenty one years.
Rule - 37. Licence for sport shooting association.-
(1)
Sport shooting association or a club or a
military mess affiliated to the respective State Rifle Association or National
Rifle Association of India, shall be eligible to apply for a licence in Form V
and to acquire and possess arms and ammunition that are used and/or stored at
their premises.
(2)
An application under sub-rule (1) for grant
of a licence at the time of initial grant or at every subsequent renewal
thereof, shall be submitted along with the following documents, as may be
applicable, namely-
(a)
its memorandum and articles of association
and the membership rules;
(b)
the lists of office bearers and permanent
members;
(c)
particulars of the accredited shooting range
for training and target practice;
(d)
details of the training/target practice
activities undertaken for promoting or encouraging the sport of shooting;
(e)
details of the shooting sport tournaments or
events conducted;
(f)
details of safe storage of arms and
ammunition specified under Rule 10; and
(g)
complete records of the ammunition consumed
by the club or association and/or its members.
(3)
Where a licence in Form V has been granted in
the name of any sport shooting association or club or a military mess, it shall
be lawful for any member of such mess, club or association to use the arms or
ammunition covered by such licence at the approved shooting range mentioned in
the licence for the purpose of training and target practice, subject to the
conditions of the licence.
(4)
Where a member of a rifle club or association
intends to take the arms and ammunition out of the premises of the club or
association for the purpose of repair or to a shooting range for training or
target practice or for participation in a shooting competition, he shall be
required to carry a pass in Form V-B signed by the President or the Secretary
of the club or association in respect of the arms and ammunition and in the
area and for the period specified in the pass.
Rule - 38. Licence for shooting ranges.-
(1)
Any person, applying for a licence for an
indoor or an outdoor private shooting range shall be required to meet the
technical and security standards as may be specified by the Central Government
in this regard by passing a general or special order:
Provided that the licensing
requirements shall not be applicable to indoor ranges up to ten metres used for
target practice of air pistols and air rifles.
(2)
No licence shall be granted under this rule
unless the owner or operator of such shooting range has in place adequate
financial arrangements to meet any injury or damage claims requiring third party
insurance covers or mandatory bank guarantees or bond requirements:
Provided that the ranges
owned and operated by military, Central Armed Police Forces and State Police
Departments shall normally cover their own risk as per the respective internal
guidelines.
(3)
The Sports Authority of India or the National
Rifle Association of India or the State Sports Authority or the State Rifle
Association shall conduct regular inspection of their affiliated associations
or bodies, owning or operating such ranges at regular intervals to ensure
strict adherence of safety standards and other norms laid down for shooting
ranges.
(4)
The licensing authority may also conduct
periodic or surprise inspection of all categories of firing ranges falling
under its jurisdiction to ensure the adherence to technical and security
conditions applicable to such ranges.
(5)
Practical training regarding the safe and
efficient handling of arms and testing of arms during which ammunition will be
fired, may only be undertaken at an accredited shooting range that holds a
licence in Form V.
Rule - 39. Licence for accredited trainers.-
(1)
Any person applying for a licence to be an
accredited trainer shall be required to clear the eligibility test and undergo
training before being granted a licence under this rule:
Provided that the policy
guidelines containing syllabus and conduct of examination for accredited
trainers may be specified by the Central Government by passing a general or
special order in this regard.
(2)
Any person applying for grant of a licence to
be a master accredited trainer shall be required to possess the technical
knowledge and expertise in handling various types of small arms and submit the
documentary evidence to the satisfaction of the licensing authority in this
regard:
Provided that the policy
guidelines for grant of licences to master accredited trainers may be specified
by the Central Government by passing a general or special order in this regard:
Provided further that
master accredited trainers shall be entitled to impart training to the
accredited trainers referred to in sub-rule (1).
(3)
Master accredited trainers and accredited
trainers, having been granted a licence under this rule shall be eligible to-
(i)
impart training as specified in Rule 10 to
the applicants and licensees under these rules; and
(ii)
issue training certificates to different
types of trainees on the successful completion of the stipulated training
programme.
(4)
The norms for making available the shooting
ranges for imparting training to accredited trainers may be specified by the
Central Government by passing a general or special order in this regard.
(5)
The shooting ranges as referred to in
sub-rule (4) shall include the Government shooting ranges owned or operated by
Defence Forces, Central Armed Police Forces, State Police Departments; and the
private shooting ranges owned and operated by shooting clubs or associations
having been granted a licence in Form V of these rules.
Explanation.-For the purposes of this rule, master accredited
trainers refer to small arm experts having worked in Defence Forces, Central
Armed Police Forces, State Police Forces; and international medalists and
renowned shooters as defined under the Explanation to Rule 40.
Rule - 40. Quantity of ammunition to sports persons, shooting associations, etc.-
(1)
The quantity of ammunition allowed to various
categories of sports persons for their personal consumption and shooting sport
organisations shall be as per the limits laid down in the table given below,
namely-
TABLE
|
Sl. No.
|
Persons or class of persons
|
Type of firearm
|
Quantity and description of
each kind of ammunition
|
|
|
|
|
To
be possessed at any one time
|
Purchasable
during the year
|
|
1
|
Arjuna awardee
|
All
|
100000 for all types of
firearms collectively
|
200000 for all types of
firearms collectively
|
|
2
|
International
medalist/renowned shooter
|
Rifle/Pistol .22 LR;
Center-fire rifle with caliber up to 8 mm; Revolver/Pistol; Shotgun of
caliber up to 12 bore/gauge
|
50000 for all types of
firearms collectively
|
100000 for all types of
firearms collectively
|
|
3
|
Junior target shooter
|
Rifle/Pistol .22 LR;
Center-fire rifle with caliber up to 8 mm; Revolver/Pistol; Shotgun of
caliber up to 12 bore/gauge
|
10000 for all types of
firearms collectively
|
30000 for all types of
firearms collectively
|
|
4
|
Aspiring shooter
|
Rifle/Pistol .22 LR;
Center-fire rifle with caliber up to 8 mm; Revolver/Pistol; Shotgun of
caliber up to 12 bore/gauge
|
15000 for all types of
firearms collectively
|
30000 for all types of
firearms collectively
|
|
[5
|
Other shooters (not falling
under Sl. No. 1 to 4 above) holding valid arms licences and who are also
members of National Rifle Association of India or affiliated State Rifle
Association(s) of NRAI or shooting clubs/District Rifle Association
affiliated with State Rifle Association
|
.22 LR Rifle/Pistol
Any other Pistol/Revolver
caliber
Shotgun caliber
Any other Rifle
|
500
300
250
200
|
5000
2000
5000
500]
|
|
6
|
National Rifle Association
of India. Affiliated State Rifle Association(s) with NRAI. Shooting
clubs/District Rifle Association(s) affiliated with State Rifle Association.
All shooting clubs affiliated to the State Rifle Association or the National
Rifle Association of India. All shooting ranges under the Sports Authority of
India or the Sports Authority of the State Governments
|
Upper limit on the quantity
of ammunition, to be decided by the licensing authority based on the
recommendations of the certifying body
|
|
Note.-Shotgun
calibers of caliber up to 12 bore/gauge, mean and include the lesser calibers
of 16, 20, 28 and 410 bore, etc.
|
(2)
For the purposes of this rule, certifying
bodies and certification contents shall be as specified in the table given
below, namely-
Table
|
Sl. No.
|
Category of sports person
|
Certifying body
|
Certifying conditions
|
|
1
|
Arjuna Awardee
|
Government of India in the
Department of Sports, Ministry of Youth Affairs and Sports
|
The certificate shall state
that the award was conferred for excellence as a shooter
|
|
2
|
International
medalists/renowned shooters
|
National Rifle Association
of India (NRAI)
|
The certificate shall state
that the medal has been won by the international medalists in the
international champion-ships and in case of renowned shooters the merit
certificate shall mention the qualifying score along with the Minimum
Qualifying Score (MQS) for the event as specified by NRAI
|
|
3 and 4
|
Junior target
shooter/aspiring shooter
|
National Rifle Association
of India or the approved or affiliated State Rifle Association(s) of NRAI
|
The certificate shall
mention the qualifying score along with the Minimum Qualifying Score for the
event as specified by NRAI or the State Rifle Association
|
|
5
|
Other shooters
|
National Rifle Association
of India or affiliated State Rifle Association(s) of NRAI or Shooting
Clubs/District Rifle Association affiliated with State Rifle Association
|
The certificate shall state
the membership and other details of the shooter
|
|
6
|
Shooting Clubs/District
Rifle Associations affiliated with State Rifle Associations or National Rifle
Association of India
|
State Rifle Association or
National Rifle Association of India as applicable
|
|
|
|
State Rifle Association
|
National Rifle Association
of India
|
|
|
|
National Rifle Association
of India
|
Ministry of Youth Affairs
and Sports
|
|
|
|
Shooting Ranges
|
Sports Authority of
India/Sports Authority of the State Government/National Rifle Association of
India
|
|
Explanation.-For the purposes of this rule,
(a)
?international championship? means the Asian
Games, the Asian Shooting Championship, the Asian Women or Asian Junior
Shooting Championship, the Commonwealth Games, the Commonwealth Shooting
Championships, the Olympic Games, the World Junior or Senior Shooting
Championships and the World Cups in Senior as well as Junior events;
(b)
?international medalist? means a person who
has won an individual or team medal in an international championship;
(c)
?renowned shooter? means a person who has
participated in a National Shooting Championship in an Open Men's Event or Open
Women's Event or Open Civilian's Event whether through qualifying tournament or
wild card entry conducted in accordance with the rules of International
Shooting Sports Federation (ISSF) and has attained the Minimum Qualifying Score
prescribed by the National Rifle Association;
(d)
?junior target shooter? means a person who
has completed the age of twelve years but is below the age of twenty one years
and has taken part in at least one State Championship (held once a year) or in
the Zonal Championship or National Level Shooting Competition recognised by
National Rifle Association and/or by respective State Rifle Association;
(e)
?aspiring shooter? means a person who has
taken part in at least one State Championship (held once a year) or in the
Zonal Championship or National Level Shooting Competition recognised by
National Rifle Association and/or by respective State Rifle Association and attained
the prescribed Minimum Qualifying Score specified by the National Rifle
Association of India.
Rule - 41. Licence to museums.-
(1)
Any museum applying for a licence for display
of arms and ammunition must possess due accreditation with the Ministry of Culture
and registration under any of the Central or State Acts.
(2)
The application under sub-rule (1) shall be
accompanied by-
(i)
a description of the display mechanisms that
will be used to display the arms or ammunition;
(ii)
documentary proof that the display will be in
an accredited museum;
(iii)
description and specifications of the
security measures pertaining to storage, transport and safe custody of the arms
or ammunition to be displayed;
(iv)
a description of the access control to the
museum where the arms or ammunition will be displayed; and
(v)
a certificate that the museum will be open
for public.
(3)
The arms and ammunition shall be displayed or
stored under the control of the appointed curator of the museum or a person
authorised thereto in writing by the curator, who shall ensure that necessary
steps are taken to prevent any unauthorised access and the loss of the arms and
ammunition.
(4)
The arms and ammunition shall only be used
for the display and/or storage by the museum at the registered premises of the
museum as mentioned in the licence.
(5)
The licensee may display a firearm only if,-
(a)
the firearm is unloaded;
(b)
the firearm is secured by a chain or metal
cable that is passed through the trigger-guard with one end of the chain or
cable attached to a wall or permanent fixture, in such a manner as to prevent
the removal of the firearm by a person other than the curator or a person
authorised by him;
(c)
the firearm is rendered inoperable by means
of a secure locking device and displayed at a place and in a manner that is accessible
only to the curator or a person authorised by him.
Rule - 42. Licence for arms and ammunition for theatrical, film or television productions.-
(1)
A licence for acquisition, possession, carry
or use of arms and ammunition may be issued in Form III to the applicants for
the following purposes, namely-
(i)
theatrical performances and of rehearsals for
such performances;
(ii)
in the production of films;
(iii)
in the production of television programmes;
(iv)
the organisation and holding of historical
re-enactments;
(v)
signaling for starting races or athletic
meets.
(2)
The application for a licence under this rule
shall be submitted along with the following documents, namely-
(i)
an undertaking confirming that the applicant
shall not resort to conversion of firearms replica and blank firing firearms
into firearms;
(ii)
proof to the satisfaction of the licensing
authority that the applicant is an actual user or a contractor for providing
such arms or ammunition on hire for the purposes specified in sub-rule (1);
(iii)
description of security measures pertaining
to safe custody of arms or ammunition to be implemented by the applicant;
(iv)
an undertaking that the applicant or the
person to whom the arms are given on hire, shall not use live ammunition;
(v)
details of the place where the records in respect
of the issuance of arms or ammunition will be kept for inspection by the
licensing authority or by any police officer not below the rank of an
Inspector.
Rule - 43. Acquisition, possession and export of arms or ammunition by tourists visiting India.-
(1)
A licence in Form VI may be granted to any
tourist, to acquire, possess (but not use) during the course of his stay in
India, carrying and export out of India, of arms and ammunition specified in
Category III, Category IV and Category V of Schedule I:
Provided that every
application for the grant of a licence for export of arms specified in Category
IV of Schedule I shall be accompanied by a certificate from the
Director-General of Archaeology of the Central Government to the effect that
the arms intended to be exported do not fall within the definition of
?antiquity? under the Antiquities and Art Treasures Act, 1972 (52 of 1972).
(2)
The licensee shall produce the arms or
ammunition, at the time of leaving India and return his licence to the passport
checking authority, or other authority empowered by the District Magistrate in
this behalf, at the port or other place of departure from India.
(3)
The passport checking authority or other
authority to whom the licence is returned by the licensee, shall forward the same
to the authority who issued it, with the remarks that the arms or ammunition
have been duly exported.
Rule - 44. Licence to an International sports person for participation in shooting events in India.-
(1)
An application may be made in Form A-5 by any
sports person of any age group from any country who is eligible to participate
in the shooting competition or event or series of competitions or series of
events or for training being organised in India by any sports body recognised
by the Ministry of Sports and Youth Affairs, Government of India during the
period of the event or competition or training and at the venue fixed for the
same, and a licence may be granted to such applicant for arms and ammunition
specified in Category III of Schedule I so far as practicable, one month prior
to the expected date of arrival of the sports person in India.
(2)
The licence in the case of a group
application may be issued in the name of the manager or the official
accompanying the team or group and the details of the arms and ammunition may
be given in an annexure attached to and forming part of the licence by the
issuing licensing authority.
(3)
Where a licence is granted to an
international sports person or persons under sub-rule (1), the licence together
with the passport and visa of such person, shall be presented to the licensing
authority of the port of arrival, and the said authority shall after obtaining
the undertaking in writing from the licensee that he shall not sell or transfer
the arms or ammunition to anyone in India, endorse the licence making it valid
for a period of six months or till the validity of visa, whichever is earlier,
from the date of endorsement and shall also make an entry in the passport or
the visa giving full particulars of the arms and ammunition for which the
licence has been granted.
(4)
The licensee shall produce the arms or
ammunition at the time of leaving India along with the consumption certificate
of the ammunition issued by the authority under whose control the shooting
competition or event or training was conducted and return his licence to the
passport checking authority, or other authority empowered by the District
Magistrate in this behalf, at the port or other place of departure from India.
(5)
The passport checking authority or other authority
to whom the licence is returned by the licensee under sub-rule (4), shall
forward the same to the authority who issued it, with the remarks that the arms
or unconsumed ammunition, have been duly re-exported.
Rule - 45. Other temporary categories of import/export licences.-
(1)
A licence in Form VI may be granted of arms
and ammunition specified in Category III of Schedule I so far as practicable,
six months prior to the expected date of arrival in India, to the following
persons, namely-
(a)
a foreign visitor, to display the arms and
ammunition at a trade show or at a sport trade show;
(b)
an official of a foreign government or a
distinguished foreign visitor or a foreign law enforcement officer, on an
officially approved policing assignment, on the recommendations of the
Government of India in the Ministry of External Affairs;
(c)
a person who, for other legitimate reasons,
has received prior approval of the Government of India and where the applicant
submits an undertaking to the effect that he-
(i)
has lawful possession of the arm;
(ii)
has knowledge of the safe handling, safe
storage and use of the arm in question and where applicable, its public
display;
(iii)
has need to possess the arm and cannot
reasonably satisfy that need by means other than the possession of an arm; and
(iv)
has attained the minimum age of twenty one
years.
(2)
The validity of the licence so granted under
sub-rule (1) shall commence only from the date of endorsement of the said
licence at the time of arrival at any port in India and the arms and ammunition
covered by the licence shall not be used till the date of endorsement of the
licence.
(3)
Where a licence is granted to any person
under sub-rule (1), the licence together with the passport and the visa of the
person, shall be presented to the licensing authority of the port of
disembarkment, and the said authority shall after obtaining the undertaking in
writing from the licensee that he shall not sell or transfer the arms or
ammunition to any one in India, endorse the licence making it valid for a
period of six months from the date of endorsement or till the validity of visa,
whichever is earlier and shall also make an entry in the passport or the visa
giving full particulars of the arms and ammunition for which the licence has
been granted.
(4)
The passport checking authority or any other
officer empowered by the District Magistrate in this behalf at the port or
other place of departure from India shall verify that the arms entered in the
licence are being taken out of India by the licensee and recover the licence
and forward the same to the authority who issued it with the remarks that the
arms have been duly re-exported.
Rule - 46. Licence for firearm free zones.-
(1)
The owner or lawful occupier of a premises
may submit an application in Form A-14 along with supporting documents
specified therein, to have the said premises declared a Firearm Free Zone, to
the licensing authority of the place of jurisdiction of the applicant-
(i)
stating the reasons why the premises must be
declared as Firearm Free Zone;
(ii)
giving proof of capacity to maintain the
premises as a Firearm Free Zone;
(iii)
describing the medium of communication to
inform the public that the premises is a Firearm Free Zone.
(2)
The obligations of the licensee shall include-
(i)
to clearly identify and demarcate the premises
declared as a Firearm Free Zone;
(ii)
to ensure that notices be displayed at all
the main entrances or at strategic places on the premises or category of
premises both in English and local language declaring the premises as Firearm
Free Zone;
(iii)
to ensure that the notices and signs are
clearly visible and unobscured at all times; and
(iv)
to notify the licensing authority of change,
if any, in the information submitted at the time of application.
(3)
The licensing authority may issue a licence
in Form XV for the Firearm Free Zone to any educational institution including
schools, colleges, universities; or religious places, hospitals, courts,
Government establishments, entertainment or sports venues, restaurants, hotels,
shopping malls, cinema halls or such other public places on an application for
such licence made under sub-rule (1).
(4)
The provisions of this rule for Firearm Free
Zone shall not be applicable in the following cases-
(i)
to an individual who renders security and
surveillance duty to a lawful owner or occupier of the Firearm Free Zone; and
(ii)
to a law enforcement officer acting in his
official capacity.
Chapter IV DEPOSIT OF ARMS AND AMMUNITION
Rule - 47. Deposit of arms and ammunition under Section 21.-
(1)
When a licensing authority decides to suspend
or revoke a licence or to refuse to renew it, he shall, communicate his
decision in writing to the licensee, requiring him to deposit under Section 21,
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 or with a
dealer holding a licence in Form VIII, or, in case he is a member of the armed
forces of the Union, in the unit armoury:
Provided that in case of
death of a licensee, the arms or ammunition shall be deposited by the legal
representative with the officer in-charge of the nearest police station or with
a dealer holding a licence in Form VIII, within a period of three months of the
death of the licensee.
(2)
Subject to the proviso to sub-section (2) of
Section 21, the licensee or, in the case of his death, his legal representative
shall be entitled to sell or otherwise dispose of the arms or ammunition to any
person lawfully entitled to possess the same and to receive the sale proceeds,
if any, during the period specified in column (3) of the Table in case of
deposit of arms and ammunition mentioned in column (2) of the said table in
sub-rule (6):
Provided that 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
period so specified, then such arms or ammunition shall, subject to the proviso
to sub-section (3) of Section 21, be forfeited to the Government by an order of
the District Magistrate.
(3)
Where any arm or ammunition is deposited by
an owner under sub-section (1) of Section 21, in a police station or unit
armoury or with a dealer holding a licence in Form VIII, the officer in-charge
of the police station or unit armoury or the licensed dealer, as the case may
be, shall attach to each article deposited, a card and issue a receipt to the
depositor and send a copy to the authority who granted the licence or renewed
it last, containing the following particulars, namely-
(i)
Description (No. etc.) of the article;
(ii)
Particulars of licence or exemption (if any);
(iii)
Name and address of the depositor;
(iv)
Serial No. in register and date of deposit;
(v)
Date due for forfeiture or disposal;
(vi)
Signature of the depositor; and
(vii)
Signature of the dealer or officer in-charge
of police station or unit armoury.
(4)
Any arms or ammunition deposited in a unit
armoury under sub-section (1) of Section 21 may, unless returned or disposed of
earlier, be transferred, after the expiry of a period of thirty days after such
deposit, to the nearest police station.
(5)
Any arms or ammunition deposited in a police
station under sub-section (1) of Section 21, which have not been returned or
disposed of-
(i)
within thirty days of the deposit with it;
and
(ii)
transferred from the unit armoury under
sub-rule (4) may be transferred by the officer in-charge of the police station
for the sake of better maintenance or safety, to a police armoury in the
district/taluqa 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, if he considers it necessary, extend the said period of thirty
days up to ninety days and 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.
(6)
The depositor or his legal representative may
exercise his rights to receive back or dispose of any arms or ammunition under
sub-section (2) of Section 21, within the period specified in column (3), in
case of deposit of the arms or ammunition specified in column (2) of the table
given below, namely-
TABLE
|
Sl. No.
|
Reason of deposit of arms
and ammunition
|
Effective date
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Due to contravention by the
owner of any provisions of the Act, the rules or conditions of licence
|
One year from the date of
such deposit
|
|
2.
|
Due to suspension or
revocation of licence or for any other reason
|
One year from the date of
the order of suspension or revocation
|
|
3.
|
Where the arms or ammunition
are already deposited
|
One year from the date of
the order of revocation, suspension or refusal to renew the licence
|
|
4.
|
When a notification is
issued under Section 4
|
One year from the date of
said notification
|
|
5.
|
Where an appeal is preferred
by the owner under Section 18
|
One year from the date of
the final order
|
|
6.
|
Where the arms or ammunition
are-
|
|
|
|
the subject of a legal suit
or dispute; or
|
From the date of termination
of the dispute or the date of final order; or
|
|
|
owned or inherited by a
person who has not completed the age of twenty one years
|
One year from the date of
completion by that person of the age of twenty one years
|
|
7.
|
Where the owner is on active
service outside India
|
from the date of his return
to India
|
|
Note
1.-The period of one year may be extended by the
District Magistrate by another six months in case the depositor or owner is
found unfit for any reasons to carry such arms or ammunition.
Note
2.-The State Government may further extend the said
period beyond six months by another six months.
|
(7)
Any arms or ammunition not returned or
disposed of before the expiry of the period specified under sub-rule (6) shall
be transferred to the district malkhana or such other place, by order of the
District Magistrate, for the purpose of forfeiture under sub-section (3) of
Section 21:
Provided that the District
Magistrate shall, before making such order of forfeiture, serve a notice as
required under sub-section (4) of Section 21 in like manner as for service of
summons under the Code of Criminal Procedure, 1973 (2 of 1974):
Provided further 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, of such
member.
(8)
Charges for maintaining the articles
deposited may be levied at such rates as may be fixed from time to time by the
State Government.
Rule - 48. Deposit of arms and ammunition for safe custody (otherwise than under Section 21).-
(1)
(a)
A person lawfully possessing arms or ammunition may deposit them for safe
custody with a dealer holding a licence in Form VIII or in a police station or,
if he is a member of the armed forces of the Union, in a unit armoury.
(b) Before accepting the arms or
ammunition for deposit otherwise than under Section 21, the dealer or officer
in-charge of a police station or unit armoury shall satisfy 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.
(c) 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.
(2)
Where the arms or ammunition have been
deposited under sub-rule (1), the dealer or officer in-charge of the police
station or unit armoury, as the case may be, shall attach to each article
deposited, a card, easily distinguishable from that described in Rule 47 and
issue a receipt to the depositor and send a copy to the authority who granted
the licence or renewed it last, containing the following particulars, namely-
(i)
Description (No. etc.) of the article;
(ii)
Name and address of the depositor;
(iii)
Particulars of licence or exemption (if any);
(iv)
Serial No. in register and date of deposit;
(v)
Date of expiry of the licence;
(vi)
Date up to which deposited;
(vii)
Signature of the depositor; and
(viii)
Signature of the dealer or officer in-charge
of police station or unit armoury.
(3)
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 VIII or by the officer in-charge of the
police station or unit armoury; but, if the licence is not renewed, 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:
Provided that 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.
(4)
The depositor may be charged a fee for the
custody of the articles deposited and maintenance thereof at the rates
specified in the following table, namely-
TABLE
|
1.
|
For each firearm
|
Two hundred rupees per month
or portion thereof
|
|
2.
|
For every other arm or
package of ammunition
|
One hundred rupees per month
or portion thereof
|
(5)
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.
(6)
The fee charged for depositing the arms or
ammunition in the police station and unit armoury shall be deposited in the
treasury.
Rule - 49. Records and returns of articles deposited.-
(1)
The dealer or the officer in-charge of the
police station or unit armoury, shall maintain such registers as specified in
Rule 75.
(2)
A copy of the entries in the registers
relating to the quarters ending on the last day of March, June, September and
December, each year, certified as true copy under the signature of the dealer
or officer in-charge of the police station or unit armoury, as the case may be,
shall be forwarded, to the District Magistrate as early as possible after the
expiry of each quarter.
(3)
The licensed dealer or the officer in-charge
of the police station or unit armoury or officer in-charge of police armoury in
the district/taluqa headquarters, where the arms or ammunition are kept, shall
submit to the District Magistrate by the 15th December each year, a report
showing the particulars of arms or ammunition in their custody which have, or
will become liable to forfeiture by the end of that year.
(4)
(a)
The licensed dealer, the officer in-charge of the police station or unit
armoury or officer in-charge of police armoury in the district/taluqa
headquarters where the arms or ammunition are kept, shall establish an online
electronic connectivity under his user id with the NDAL system to provide for a
weekly electronic online transfer of data regarding firearms and ammunition
deposited for the week.
(b) If any circumstances occur which
prevent the authorities referred to in clause (a) to submit online returns on NDAL system by means of
electronic network connectivity, the local licensing authority shall be
informed immediately in order to establish alternative means to submit the
weekly returns.
(c) Weekly returns for the current
week shall be submitted by the close of business hours on every Saturday.
Rule - 50. Inspection.-
(1)
Arms and ammunition deposited in a police
station or with a dealer and those transferred to the district malkhana and the
register maintained for the purpose shall be inspected periodically by the
District Magistrate or other officer appointed by the State Government in this
behalf in accordance with such procedure as may be prescribed by the State
Government.
(2)
The arms or ammunition deposited in a unit
armoury and the register maintained for this purpose shall be inspected
periodically by the officer commanding the unit or any other officer empowered
by him in accordance with the procedure prescribed by the Government of the
State, where the unit is for the time being located.
Chapter V MANUFACTURERS, ARMS DEALERS AND GUNSMITHS
Part I MANUFACTURE AND PROOF TEST OF FIREARMS
Rule - 51. Licence for manufacture and proof test.-
(1)
The licensing authority while granting a
licence in Form VII shall show clearly in the licence form the categories and
description of the arms or ammunition allowed to be manufactured or proof
tested or both, by the licensee as specified in these rules.
(2)
Proof testing of firearms manufactured by a
licensed manufacturer shall be carried out only in accordance with the
provisions contained in Rule 59 in this regard and no manufactured firearms
shall be allowed to be sold which have not been duly proof tested.
(3)
A copy of every licence granted in Form VII
by the licensing authority shall forthwith be sent to the District Magistrate
of the place of manufacturing facility of the licensee and the Home Department
of the State Government concerned.
(4)
[* * *]
(5)
[Single licence in Form VII may be issued to an applicant
company applying for a multi-unit facility which may be set-up within the same
State or in different States within the country, for the grant of a licence
under these rules:
Provided that an applicant
company may apply for a separate licence for each unit and in that case,
separate licence shall be issued for each of the units.]
(6)
A licensing committee within the Ministry of
Home Affairs shall be constituted to review and process the applications for
grant of licences for manufacture of arms and ammunitions for the new
manufacturers and for all matters related to existing manufacturers including
applications for capacity revision by issuance of general or special order
under these rules.
Rule - 52. Type of firearms for grant of a licence in Form VII for manufacture and proof test.-
The licensing authority may
grant a licence in Form VII for the following types of arms for manufacture or
proof test or both, namely-
(i)
I- Small arms
(ii)
II- Light weapons
(iii)
III- Items configured for military use:
Provided that if any of the
items falling under Types I, II or III include any prohibited arms or
ammunition, the licensing authority shall obtain prior permission of the
Central Government under Section 7 of the Act before grant of a licence in Form
VII.
Rule - 53. Applications for a licence in Form VII.-
(1)
Every manufacturer applying for a fresh
licence under these rules shall be an Indian company incorporated under the
Companies Act, 2013 (18 of 2013).
[* * *]
(2)
The company applying for a licence in Form
VII under these rules shall provide-
(a)
original or certified copies of the company's
founding documents including Memorandum and Articles of Association,
Certificate of Registration of the company under the Companies Act, 2013 (18 of
2013), CIN (Corporate Identification Number), proof of address of its
registered office, Permanent Account Number (PAN) card and certified lists of
directors and shareholders as on the date of application;
(b)
copy of Director Identification Number (DIN)
of all the directors;
(c)
identification proof along with two recent
photographs of all the directors and the responsible person as under-
(i)
Aadhar Card; or
(ii)
in case the director or the responsible
person does not have Aadhar Card, a written declaration in the form of an
Affidavit to be submitted in this regard along with an alternative
identification proof which may include Passport or Voter's Identification Card
or Permanent Account Number (PAN) card or official Identity Card;
(d)
residence proof-
in
case the director or responsible person does not have Aadhar Card or Passport,
alternative residence proof to be submitted which may include Voter's
Identification Card or Electricity Bill or Landline Telephone Bill or Rent Deed
or Lease Deed or Property documents or any other document to the satisfaction
of the licensing authority;
(e)
copy of the latest balance sheet of the
company and audited copy of the Net-worth certificate duly certified by [the
authorised signatory of the company];
(f)
estimated project outlay and means of finance
for funding the project duly certified by [the
authorised signatory of the company];
(g)
certified copy of the board resolution for
making an application under these rules along with full particulars of the
responsible person authorised to sign the same;
(h)
details of foreign control and/or ownership
in the applicant company, as applicable, duly certified by [the
authorised signatory of the company];
(i)
complete details of the arms and/or
ammunition intended to be manufactured or proof tested or both, including their
types and quantities;
(j)
a declaration with proof thereof to the
effect that it has acquired the land for setting up the manufacturing plant or
for setting up proof test facility along with details of an access road to the
proposed site, installation of electricity and water connection, particulars of
land development carried out and any other information deemed necessary by the
licensing authority.
Rule - 54. Procedure for grant of licence in Form VII.-
(1)
The licence for manufacture or proof test or
both shall be granted by the licensing authority to an applicant who fulfills
the eligibility criteria laid down in these rules provided that no adverse
remarks are received from various government agencies entrusted for verifying
the antecedents of the applicant company or its directors or responsible
person, as the case may be.
(2)
[(A licence granted in Form VII shall be valid for the
life time of the licensee company:
Provided that the licensee
shall be required to setup the facility for manufacture or proof test of arms
and/or ammunition, recruit technical and administrative staff, develop and
proof test proto-types of arms and ammunition, conduct trial runs and any other
activity related to the setting up of the facility for the manufacture or
proof-test of arms and ammunition, within a period of seven years from the date
of grant of a licence:
Provided further that the
licensing authority may extend the period of seven years by a further period of
three years, on the basis of a written representation received from the
licensee and after recording reasons for granting such an extension:
Provided also that if
during the period of seven years or the extended period of three years, as the
case may be, the licensee fails to setup the manufacturing or proof-test
facility or is unable to take other operating steps required for starting
commercial production, the licence shall be suspended or revoked.]
(3)
(a)
No manufacturing facility shall be set-up in the border areas, restricted areas
or prohibited areas and any area declared as ?disturbed area? by the Central
Government.
(b) The manufacturer applicant may
set-up the facilities in Special Economic Zones (SEZ), Industrial Parks and
other industrial areas in addition to any other location duly approved by the
State Government concerned for this purpose.
(4)
The licensee shall make an application on its
letter head for commencement of commercial production accompanied by-
(i)
a declaration to the effect that the licensee
has installed the plant and machinery, successfully carried out the trial run
and is ready for commencement of commercial production of the items licensed
for manufacture or proof test;
(ii)
a declaration to the effect that the licensee
has installed and applied the requisite quality control system for manufacture
or proof test of firearms or ammunition;
(iii)
a list of particulars of the key technical
personnel employed by the licensee for carrying out manufacture or proof test
facility along with the proof of their professional expertise and training
undergone and identification documents as specified for directors in Rule 53;
(iv)
a declaration to the effect that the licensee
has fully complied with the security guidelines as contained in the Security
Manual prepared by the Ministry of Defence, Department of Defence Production,
for licensed defence industries.
(5)
The licensing authority shall get conducted a
security and appraisal audit to ensure that the applicant licensee has complied
with the declaration specified in clause (iv) of sub-rule (4).
Rule - 55. Other requirements as to licences granted in Form VII.-
(1)
The licensee shall preferably be
self-sufficient in areas of product design and development and have maintenance
and life cycle support facility of the product to be manufactured and the items
to be manufactured shall meet the International or Indian accredited quality
standards and norms with special emphasis on indigenous designing:
Provided that no
infringement of patents or copyrights, shall be permissible.
(2)
The licensee shall submit the standards and
testing procedures for manufacture of firearms and ammunition to the Government
nominated Quality Assurance Agency, which will inspect the finished product in
the trial run and conduct audit of the Quality Assurance Procedures in respect
of design, workmanship, aesthetics and other related parameters:
Provided that the quality
specifications for manufacturing, shall be as specified by the Bureau of Indian
Standards (BIS) and the Director General of Quality Assurance, Department of
Defence Production or any other international quality assurance agency.
(3)
The manufactured products shall contain the
warranty clause accompanied by service and safety manuals and listing of parts
at the time of every sale.
(4)
Any restrictions under a joint venture
agreement which may be imposed by the foreign partner shall have no legal
consequence on the Indian entity that is granted a licence under these rules.
(5)
The licensing authority may impose such
additional restrictions in case of certain sensitive type of arms and
ammunition, such as those configured for use by armed forces or not permitted
to be possessed by civilians.
(6)
[The small arms and light weapons produced by the
manufacturers may be allowed for export subject to the approval of the Ministry
of Home Affairs in consultation with the Ministry of External Affairs, the
Ministry of Defence and the Ministry of Commerce, on a case to case basis.]
(7)
The permissible category of arms and
ammunition specified in Schedule I may be permitted for sale to persons or
dealers, holding a valid arms licence under these rules, with the prior
approval of the Central Government in the Ministry of Home Affairs.
(8)
Prior approval of the licensing authority
shall be mandatory for any change in the directorship of the company or any
change in the [Chief
Executive Officer of the company] as defined in clause (51) of Section 2 of the
Companies Act, 2013 (18 of 2013) [*
* *].
(9)
[Prior approval of the licensing authority shall be
mandatory for any change in control, either directly or indirectly, of the
company or in case of any change in shareholding or beneficial interest in the
shareholding,-
(a)
resulting into dilution of promoters
shareholding below ten per cent.; or
(b)
increase in shareholding of a shareholder,
who held less than ten per cent. in the share capital of the company, to ten
per cent. or more share capital in the company:
Provided that for transfer
of share holding between the two promoters which is already approved by the
licensing authority, prior approval under this sub-rule shall not be required
and the prior intimation to this effect to the licensing authority shall be
sufficient.
Explanation.-For the purposes of this sub-rule, the expression
?control? shall have the same meaning as assigned to it under clause (27) of
Section 2 of the Companies Act, 2013 (18 of 2013).]
(10) (a) A
licence granted in Form VII shall not be transferable from the licensee to
another company, without the written authorisation of the licensing authority.
(b) An application for transfer shall
be accompanied by complete documents and be subject to the same conditions as
applicable at the time of initial grant of licence specified in Rule 53.
(c) While considering an application
for transfer of a manufacturing licence, the licensing authority shall assess
the eligibility of the company, to whom the licence is to be transferred.
(11) [A licensee company having a licence in Form VII shall be
permitted to have enhanced annual production of firearms and/or ammunition up
to fifteen per cent of the quantity endorsed on his licence, by giving prior
intimation to the licensing authority for which no further endorsement on the
licence as to capacity shall be required.]
Rule - 56. Obligations of licensees having licensee Form VII.-
(1)
The validity of a licence granted in Form VII
shall be subject to the manufacturer's compliance with the conditions contained
in these rules and in the licence.
(2)
The licensee having a licence in Form VII
shall mark all firearms and ammunition that it manufactures in the manner as
specified in Rule 58.
(3)
The licensee company shall comply with the
Foreign Direct Investment (FDI) policy of the Government of India and the
regulations framed under the Foreign Exchange Management Act, 1999 (42 of 1999)
as notified by the Reserve Bank of India in case of foreign direct investment
in the said company.
(4)
The licensee shall comply with the security
guidelines as contained in the Security Manual prepared by the Ministry of
Defence, department of defence production, for licensed defence industries.
(5)
The licensee shall maintain records of all
firearms, their parts, components and/or ammunition manufactured by it as
specified in Rule 65 in addition to the conditions specified or forming part of
the licence in Form VII.
(6)
The licensee shall store all firearms, their
parts, components and/or ammunition manufactured by it as specified in Form
VII.
(7)
The licensee shall permit, and shall
cooperate fully with, inspections carried out by the licensing authority (or
such other body as may be designated by it) of the licensee's facilities,
particularly in respect to the safe and secure storage of firearms and
ammunition.
(8)
The licensee shall immediately notify the
licensing authority on occurrence of any theft, loss or unintentional
destruction of firearms or ammunition stored at its premises.
(9)
The licensee shall notify the licensing
authority within three working days on occurrence of any of the following
events, namely-
(i)
change of address of its registered office;
(ii)
change in the directors, in which case the
licensee shall provide the licensing authority with the names and addresses of
each new director, along with the particulars and documents specified in Rule
53 for directors.
(10) The licensee shall ensure that all employees who have
access to completed manufactured firearms or ammunition within the
manufacturing or proof testing facility are technically competent to handle the
same.
(11) The work in progress and finished goods inventory for
each type of firearm and ammunition at any given time shall not exceed two
times of the total annual turnover in the last financial year or annual
licensed capacity, whichever is lower:
Provided that in case of a
company having multi-unit facility, total of the annual licensed capacity or
total turnover of the company shall be considered.
(12) The licensee shall maintain complete database of
inventory and distribution chain down to the dealer/end user for domestic
distribution and end users in case of export.
(13) The licensee shall carry out only batch production in a
manufacturing cycle.
Rule - 57. Import of machinery for manufacturing arms and ammunition and other parts etc.-
(1)
The licensee having a licence in Form VII
shall submit an application along with the complete list of machinery to be
installed, to be procured locally or imported.
(2)
The licence for acquisition, possession,
import or transport of machinery shall be issued in Form I.
(3)
Import of arms specified in Category II of
Schedule I and raw material in the form of metal, alloy, fiber, polymers, wood
and other allied items, for manufacturing of such arms, shall be allowed
subject to the provisions of the Foreign Trade Policy notified under the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) from time to
time by the Directorate General of Foreign Trade (DGFT) and on the
recommendations of the Ministry of External Affairs (MEA) taking into account
international obligations and commitments.
(4)
The Ministry of Home Affairs may, on an
application containing full technical details allow import of such parts of arms
and ammunition which are not possible to be manufactured locally, after
obtaining the opinion of the Department of Defence Production by grant of an
authorisation for such import in accordance with the procedure for import under
these rules.
Rule - 58. Marking of firearms and ammunition at the time of manufacture.-
(1)
All firearms shall have applied to them, at
the time of their manufacture, unique markings containing the following
information, namely-
(i)
the country of manufacture;
(ii)
the name of the manufacturer;
(iii)
a serial number unique to the manufacturer;
(iv)
year of manufacture;
(this
information may be incorporated into the serial number)
(v)
firearm type/model;
(vi)
caliber;
(vii)
proof marks; and
(viii)
such other additional information if the
firearm is intended for an Indian domestic State entity viz. military, Central
Armed Police Forces, Police, etc.
(2)
Markings shall be expressed alphanumerically
(i.e. they may consist of both letters and numbers) in the format given in the
table below-
TABLE
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
XX
|
XXXX
|
99
|
99
|
99999
|
99
|
|
Country of Manufacture (2
digit ISO Country Code)
IN for India
|
Manufacturer's Name or code
|
Year of manufacture (2
numbers)
|
Type/Model/Code
|
Serial Number
|
Caliber
|
(3)
Markings shall be applied to a component of
the firearm that is essential to its operation, such as-
(i)
the frame/receiver;
(ii)
barrel;
(iii)
slide, cylinder, bolt or breech block; and
(iv)
any other part or component essential to the
operation of the firearm.
(4)
Markings shall be applied to an exposed
surface of the firearm by using the stamping method at the time of their
manufacture and stamped marking shall have a depth of at least 0.20 mm.
(5)
The applied marking shall be-
(i)
conspicuous without technical aids or tools;
(ii)
easily recognisable;
(iii)
readable;
(iv)
durable; and
(v)
recoverable (as far as is technically
possible).
(6)
The smallest packaging units of ammunition
for firearms shall be marked containing the following information, namely-
(i)
country of manufacture;
(ii)
name of the manufacturer;
(iii)
lot or batch number unique to the
manufacturer;
(iv)
year of manufacture;
(this
information may be incorporated into the lot or batch number),
(iv)
caliber; andtype.
(7)
Individual cartridges may also be marked,
which may include the following information, namely-
(i)
country of manufacture;
(ii)
name of the manufacturer;
(iii)
lot or batch number unique to the
manufacturer;
(iv)
caliber; and
(v)
type.
Rule - 59. Proof test of firearms.-
(1)
A new manufacturer may set up a proof test
facility for gun barrels or completed firearms.
(2)
The facility shall be located within its
premises separately from its arms manufacturing unit.
(3)
A manufacturer who intends to set-up a proof
testing facility shall make an application in Form A-6 along with the
application for arms and ammunition manufacturing licence.
(4)
The application under sub-rule (3) for proof
testing facility shall be examined by the Ministry of Home Affairs in
consultation with the Directorate General of Quality Assurance (DGQA), Ministry
of Defence and in accordance with the guidelines specified for manufacturing
licence.
(5)
The existing manufacturers shall get their
barrels or completed firearms proof tested either from the ordnance factories
or other proof houses having proof test facilities under these rules.
(6)
Every licensee having proof testing facility
shall be responsible for the security and disposal of waste such as rejected
barrels or completed firearms.
(7)
[Every licensee holding a licence in Form VII] shall
maintain a proof test register in the format of a secure electronic database in
addition to the records specified in Rule 65 for sale or disposal of completed
arms and ammunition.
(8)
The record to be maintained by the licensee
under sub-rule (7) shall include the following particulars, namely-
(i)
Serial numbers of gun-barrels or completed
firearms manufactured;
(ii)
Date, month and year of manufacture;
(iii)
Date of despatch of gun-barrels or completed
firearms to proof house;
(iv)
Number and date of licence (Transport Licence
in Form XIII) under which gun-barrels or completed firearms sent for proof
test;
(v)
Date of receipt of gun-barrel or completed
firearms after proof test;
(vi)
Result of proof test;
(vii)
Date of completion of gun if only the
gun-barrel has been proved;
(viii)
Date on which completed firearm transferred
to register for sale or transfer maintained under Rule 65;
(ix)
Serial number in rectification register in
case gun-barrel or completed firearm was not accepted in proof on initial
submission;
(x)
Remarks of inspecting officer;
(9)
[Every licensee having a licence in Form VII] shall
maintain a rectification register containing details of the barrels or completed
firearms not passed by proof house, which shall include the following
particulars, namely-
(i)
Serial number;
(ii)
Serial number stamped on gun-barrel or
completed firearm to be rectified;
(iii)
Number and date of proof house communication
indicating rectifications to be made;
(iv)
Date on which gun-barrel or completed firearm
re-submitted for proof test after rectification;
(v)
Date of receipt of gun-barrel or completed
firearm after proof test and the result of proof test;
(vi)
Date of completion of firearm if gun-barrel
or completed firearm has been proved;
(vii)
Date on which completed firearm transferred
to Register for sale and transfer maintained under Rule 65;
(viii)
Remarks
(10) The proof test and the rectification records shall be
inspected by the District Magistrate of the area, or by an officer nominated by
him in this behalf, during July and January every year and during one surprise
inspection in a calendar year to verify the following, namely-
(i)
serial numbers on gun-barrels or completed
firearms are stamped in the strict order in which they are manufactured;
(ii)
entries of sale or transfer are made promptly
and tally with record of such transactions under Rule 65;
(iii)
the conditions of the licence are strictly
complied with.
(11) A Transport licence in Form XIII may be issued by the
licensing authority on an application for transport of gun-barrels or completed
firearms to proof house provided the licence in Form VII is valid on the date
of issuance of such Transport licence.
(12) Transport licence issued under sub-rule (11) for transport
of gun-barrels or completed firearms to proof houses shall indicate separately
total quantity of gun-barrels or completed firearms to be despatched for proof
test for the first time and for rectification of defects.
(13) The licensee shall be eligible to submit gun-barrels or
completed firearms for proof test after rectification of defects without any
limit on the number of occasions for such submission:
Provided that the licensee
shall complete the necessary rectifications within a period of two years from
the date of communication of first test results of the defects issued by the
concerned proof house.
(14) The gun-barrels or completed firearms for proof test
which are unfit or beyond rectification, shall be mutilated by the proof house
and the decision of the officer in-charge of proof house concerned in this
regard shall be final:
Provided that the mutilated
parts that are capable of being utilised, shall be returned by the proof house
to the licensee.
(15) The sale or transfer of proof tested gun-barrels alone
shall be prohibited and the gun-barrels after proof test shall be assembled as
a complete gun only by the licensee authorised to manufacture it.
(16) The gun-barrels or completed firearms manufactured during
a calendar year shall be proof tested within a period of eighteen months from
the date of the manufacture, failing which, it shall be considered to have been
manufactured during the calendar year of the proof test.
Rule - 60. Capacity revision and applicability of new norms to existing manufacturers.-
(1)
The existing manufacturers may apply for
grant of a fresh licence in Form VII in accordance with the procedure specified
in Rule 51.
(2)
The existing manufacturer may apply for
enhancement or restoration or revision or refixation [or
caliber wise revision] of its licensed capacity by an application made in this
regard with the Government of India in the Ministry of Home Affairs with the
recommendation of the State Government concerned, along with the following
documents, namely-
(i)
a copy of the existing manufacturing licence;
(ii)
[(certified copies of the annual accounts of the licensee
for the last five years duly certified by the authorised signatory of the
company;]
(iii)
details of the plant and machinery and
manufacturing facility;
(iv)
[(copies of the stock records, manufactured items and
sales turnover for the last five years duly certified by the authorised
signatory of the company;]
(v)
[detailed proposal for enhancement of manufacturing
capacity or caliber wise revision of licensed capacity, project outlays, means
of finance and justification for economic viability and market demand
projections for enhancement in capacity production duly certified by the
authorised signatory of the company;]
(vi)
track record and preparedness to comply with
the security guidelines for manufacturers in Micro, Small and Medium Enterprise
(MSME) sector;
(vii)
declaration to comply with the provisions
contained in these rules.
(3)
Every application under sub-rule (2), shall
be examined by the licensing committee referred to in sub-rule (6) of Rule 51,
which may allow the capacity revision provided the existing licensed capacity
is fully utilised by the manufacturer.
(4)
[Every existing manufacturer shall be issued a fresh
licence in Form VII, within a period of [three
years] of the notification of these rules, by the licensing authority and any
permission or any exemption granted for procurement of raw materials to the
existing manufacturers under the Arms Rules, 1962 or under the Industrial
Development (Regulation) Act, 1951 or rules framed thereunder, shall be deemed
to have been issued under the corresponding provisions of these rules.
(5)
[* * *]
[39][Rule - 60-A. Capacity revision for new manufacturers issued licence in Form VII.-
The new manufacturer who
has been issued licence in Form VII under these rules may apply for enhancement
or restoration or refixation or caliber wise revision of his licensed capacity
and the provisions of Rule 60 shall apply mutatis mutandis to such
manufacturers.
Rule - 60-B. Enhanced annual production.-
The manufacturer who has
been issued licence in Form VII under these rules shall be permitted to have
enhanced annual production of firearms or ammunition or caliber wise revision
of his licensed capacity by giving intimation to the licensing authority and
also to the State Government concerned within ninety days from the end of the
financial year and for which no further endorsement on the licence as to
capacity shall be required.]
Rule - 61. Licence in case of an individual or a sole proprietor.-
(1)
In case the existing manufacturer having a
licence in Form IX under the Arms Rules, 1962 is an individual or a
sole-proprietorship concern, the licence shall expire ipsofacto on the death of
the licensee.
(2)
The legal heirs of the licensee under this
rule may prefer an application for grant of a fresh licence in Form VII to the
Central Government in the Ministry of Home Affairs, which may consider such
application on case to case basis.
Rule - 62. Admission of partners in case of existing manufacturer.-
(1)
In case the existing manufacturer having a
licence in Form IX under the Arms Rules, 1962 is a partnership firm, additional
partners may be admitted in case of death of a partner wherein legal heirs of
the deceased partner may be admitted as a partner or partners in the firm
subject to prior approval of the Central Government in the Ministry of Home
Affairs.
(2)
An existing partner, during his life time,
may induct his legal heirs as an additional partner under this rule, on
obtaining written consent of all other existing partners, if any, in the
partnership firm subject to prior approval of the Central Government in the
Ministry of Home Affairs.
Rule - 63. Conversion of partnership firm into a private limited company.-
(1)
Any existing manufacturer, being a
partnership firm, may make an application to the Central Government in the
Ministry of Home Affairs with the recommendations of the State Government
concerned for grant of permission to convert the firm into a private limited
company and the Central Government may grant such permission provided that the
Memorandum and Articles of Association of the newly incorporated Company
contain that-
(a)
only the existing partners or family members
are on the Board of Directors of the company;
(b)
restriction on the directors to transfer
shares, assets or profits of the company to any outside person and on
submission of an undertaking to the effect that the applicant company has
complied with the relevant provisions of the Companies Act, 2013 (18 of 2013)
in this regard.
(2)
No sale or transfer of the factory premises,
inventory, machinery or other assets of the private limited company, referred
to in sub-rule (1) shall be permissible without the prior approval of the
Central Government.
Rule - 64. Restoration of licence of a discontinued business of an existing manufacturer.-
In case of a discontinued
business, the legal heir of the deceased licensee, if he is a major, may make
an application for the grant of a fresh licence in Form VII to the Central
Government in the Ministry of Home Affairs within twelve months of the death of
the licensee and in case the legal heir is a minor, within twelve months from
the date of his attaining majority.
Rule - 65. Record of transactions to be maintained by licensees holding licence in Form VII.-
(1)
The manufacturer shall keep a register in the
format of a secure electronic database known as the ?Firearms Stock Register?,
wherein the following particulars shall be recorded-
(a)
on the debit side, against a stock number,
the date of manufacture, make, caliber, model and manufacturer's serial number;
and
(b)
on the credit side, against the stock number
referred to in sub-rule (a),-
(i)
the date of sale of firearm;
(ii)
the name and address and licence number of
the dealer to whom the firearm is sold;
(iii)
the particulars of the Government department
to whom the firearm is sold;
(iv)
the particulars and address of the person to
whom the firearm was exported together with the particulars of the export
licence issued under these rules by the licensing authority.
(2)
The manufacturer shall keep a register in the
format of a secure electronic database known as ?the Ammunition Stock
Register?, wherein the following particulars shall be recorded-
(a)
on the debit side,-
(i)
the caliber, make and quantity of all
ammunition manufactured, purchased or acquired;
(ii)
the lot number and the date of manufacture or
receipt; and
(iii)
in the case of the ammunition being purchased
or acquired-
(A)
the person from whom it was purchased or
acquired; and
(B)
the reason for the purchase or acquisition.
(b)
on the credit side,-
(i)
the lot number and the date of sale or use by
the manufacturer of the ammunition;
(ii)
the caliber, make and quantity of ammunition
sold or used by the manufacturer;
(iii)
the name, address and licence number of the
dealer to whom the ammunition is sold; or
(iv)
the particulars of the Government department
to whom the ammunition is sold; or
(v)
the name and address of the person to whom
the ammunition was exported together with the particulars of the export licence
issued under these rules by the licensing authority;
(vi)
the date of collection and the signature of
the dealer or relevant Government official to whom the ammunition was
delivered.
(3)
(a)
The manufacturer shall keep updated stock sheets of all manufactured firearms
and main firearm components.
(b) The registers referred to in
sub-rules (1) and (2) shall be kept at the business premises specified in the
licence.
(c) All particulars of firearms and
ammunition shall be recorded immediately by the licensee on manufacture,
receipt, transfer or use, as the case may be.
(4)
[(a) The
manufacturers shall establish an online electronic connectivity under his user
id with NDAL-ALIS system of the Government of India in the Ministry of Home
Affairs and shall provide for a monthly electronic online transfer of data
regarding firearms manufactured and sold or transferred and ammunition
manufactured and sold or transferred or consumed for the month, as recorded in
the registers referred to in sub-rules (1) and (2).
(b) If any circumstances occur which
prevent a licensee to submit online returns on NDAL-ALIS system referred to in
clause (a) by means of
electronic network connectivity, the local licensing authority shall be
informed immediately in order to establish alternative means to submit the
monthly returns.
(c) Monthly returns for the current
month shall be submitted by the close of business hours of the last day of the
month.]
Rule - 66. Enforcement powers as to inspection and confiscation.-
(1)
(a)
The licensing authority shall from time to time, conduct inspections of
manufacturing facilities and records, in order to ensure compliance with the
conditions of the licence under the Act.
(b) The inspection may include
verification of inventory records, mechanism of marking of firearms, review of
security norms, personnel records and any other areas of relevance deemed
appropriate by the inspecting team or as per the instructions contained in the
audit and inspection programme decided by the licensing authority.
(2)
Firearms, their parts, components or
ammunition that have been illicitly manufactured shall be permanently
confiscated by the enforcement agencies.
(3)
(a)
Firearms, their parts, components or ammunition that are suspected of having
been illicitly manufactured may be seized temporarily in respect of the
following cases, namely-
(i)
if a manufacturing licence is suspended,
revoked or cancelled, or if it expires; or
(ii)
the holder of a manufacturing licence is
convicted of an offence; or
(iii)
the licensing authority has grounds to
believe that an offence has been or is about to be committed and that the items
to be seized are either evidence of this or are themselves the subject matter
of the offence involved.
(b) Seized items that are found to
have been illicitly manufactured shall be confiscated and the items that are
found not to have been illicitly manufactured shall be promptly returned to
their owner.
(4)
(a)
Firearms, their parts, components or ammunition that have been illicitly
manufactured shall be promptly disposed of, preferably through destruction in
accordance with these rules.
(b) A method of disposal other than
destruction may be used, provided that the firearms are first marked and
registered, and the method of disposal is recorded.
Part II MANUFACTURE OF REPLICA OF FIREARMS
Rule - 67. Licence to manufacture replica of firearms.-
(1)
A licence in Form VII-B may be granted to any
person, to manufacture replicas of antique (muzzle loading) and contemporary
(breech-loading) firearms for domestic market and export purposes.
(2)
The persons not holding any licence or
persons holding a licence in Form I for possession of machinery, or in Form IX
for manufacture of firearms, under the Arms Rules, 1962 shall apply for a new
licence in Form VII-B for manufacture and sale of replica of firearms within
one year from the date of the notification of these rules.
Rule - 68. Inspection of samples of replica of firearms.-
(1)
The manufacturers of replicas of firearms
shall keep not more than fifty samples of each type of replicas at any given
time.
(2)
The manufacturer of replica of firearms
shall, before commencement of manufacture, cause inspection by Directorate of
Inspection, Department of Defence Production, Ministry of Defence of sample of
each type of replica at the cost to be borne by the manufacturer, by submitting
to the Directorate of Inspection-
(i)
three specimens of each type of replica
proposed to be manufactured;
(ii)
five copies of photos or drawings of each
type of replica describing its main parts; and
(iii)
the original and one copy of the licence
issued in Form VII-B.
(3)
After inspection, the Directorate of Inspection
shall certify on the photos or drawings the innocuousness of the replicas and
such certificates shall be sealed on each of the three specimens of replica
submitted for inspection.
(4)
One sample of each type of replica inspected
along with a certified copy of its photo or drawing shall be delivered to the
Ministry of Home Affairs for retention.
(5)
The original licence in Form VII-B along with
the remaining two samples of inspected replicas and two copies of certified
photos or drawing shall be sealed and delivered to the manufacturer who shall
deposit one inspected specimen, one certified copy of its photo or drawing with
the District Magistrate of the district in which the replicas are to be
manufactured.
(6)
The third inspected specimen and one copy of the
certified photo or drawing shall be retained by the manufacturer.
(7)
The Directorate of Inspection shall retain
the copy of the licence in Form VII-B and two copies of the certified photos or
drawing.
Rule - 69. Markings of replicas of firearms.-
(1)
The name of manufacturer shall be engraved on
each replica manufactured for sale as below:
?Replica of fire arm
manufactured by Messrs
(Name of the firm and city)????India?.
(2)
The manufacturer shall also engrave on each
replica-
(i)
type of replica;
(ii)
manufacturer's serial number; and
(iii)
date of the inspection of the specimen by the
Directorate of Inspection.
Illustration:
If four different types are
approved after inspection, the specimens will be described as A, B, C and D and
the following shall be engraved on each replica in addition to the name of
manufacturer vide sub-rule (1)-
?A/001 (DD-MM-YYYY)? where,-
?A? represents the type of
approved replica;
?001? represents the serial
number; and
the date within brackets
indicates the date of certificate of inspection recorded by the Directorate of
Inspection.
Rule - 70. Maintenance of records by manufacturer of replicas of firearms.-
(1)
The manufacturer shall maintain records of
manufacture and sale of replicas in the format given in the following table,
namely-
Table
|
Serial No. of firearm
replica manufac-tured
|
Date of manufac-ture
|
Date of disposal
|
Name and address of
purchaser if sold to individual in India
|
Name and address of arms
dealers to whom supplied for sale or export
|
Particulars of export
permission received if exported directly
|
Particulars of certificate
of innocuous-ness
|
Balance Stock in hand
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(2)
The records shall be inspected by the
licensing authority of the jurisdiction of the licensee.
(3)
The replicas manufactured, which correspond
to inspected samples shall be allowed to be sold in India or exported to
foreign countries.
(4)
(a) The licensee shall establish an online
electronic connectivity under his user-id with the NDAL system and provide for
a weekly electronic online transfer of data regarding replicas of firearms
manufactured and sold for the week, as recorded in the register referred to in
sub-rule (1).
(b) If any circumstances occur which
prevent a licensee to submit online returns on NDAL system by means of
electronic network connectivity, the local licensing authority shall be
informed immediately in order to establish alternative means for submission of
the weekly returns.
(c) Weekly returns for the current
week shall be submitted by the close of business hours on every Saturday.
Rule - 71. Procedure for making replicas of firearms innocuous.-
The replicas of firearms
may be made innocuous through any of the following methods, namely-
(i)
by cutting a slot of the size of 12 mm x 6 mm
on the underside of the barrel at a distance of 25 mm from the breech end in
case the barrels of replicas are made of the same metal which is used for
manufacture of barrels of firearm; or
(ii)
by manufacturing barrels of replicas with
soft metals like brass; or
(iii)
by eliminating channel in the barrel or by
not linking the channel with fire mechanism or by eliminating firing mechanism;
or
(iv)
by providing a solid barrel or by making the
rear portion of the barrel solid while the front portion of the barrel is given
the shape of a normal barrel.
Rule - 72. Sale and export of replicas of firearms.-
(1)
The grant of licences for export of firearms
replica under these rules shall be subject to the provisions of the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992).
(2)
Every transaction of sale or export shall be
accompanied by a certificate from the manufacturer of firearm replica under his
seal and stamp certifying that the replicas being sold or exported have been
rendered innocuous as firearms and correspond to the sample inspected by the
Directorate of Inspection, Department of Defence Production and shall contain
the following particulars-
(i)
serial number of replica;
(ii)
date of inspection of sample;
(iii)
year of manufacture; and
(iv)
name of the manufacturer.
(3)
(a)
The licensed capacity for the licences granted for manufacture of replica of
muzzle loading firearms shall be restricted to a minimum quantity of 250 pieces
per month and a maximum quantity of 500 pieces per month.
(b) The licensed capacity for the
manufacture of replica of contemporary or modern firearms shall be as approved
by the licensing authority as specified in column (5) of Schedule II.
Part III ARMS AND AMMUNITION DEALERS
Rule - 73. Grant of licences to arms and ammunition dealers.-
(1)
An application for grant of a licence in Form
VIII for arms and ammunition dealers shall be made in Form A-8, along with the
following documents, namely-
(i)
a written declaration along with
self-certified copies of drawings stating that the applicant has facilities
available of a strong room for the safe custody of the firearms and ammunition;
(ii)
a written undertaking with specific reference
to the steps taken in connection with the safe custody of the firearms and
ammunition including provision for access control, close circuit television
system, security guards, fire fighting devices, etc.;
(iii)
verification forms containing the name and
address of every person authorised to trade on behalf of the applicant at the
premises, who must possess the requisite training for safe handling of
firearms:
Provided that the Central
Government may specify additional conditions on the conduct of business by the
dealers having place of business in any area declared as a ?disturbed area?
under the Armed Forces Special Powers Act, 1958 (AFSPA) (28 of 1958) or under
Section 24-A or 24-B of the Act, by passing a general or special order in this
regard.
(2)
An application for renewal of licence in Form
VIII shall be made at least sixty days prior to the expiry of the said licence
with the licensing authority along with the documents mentioned in sub-rule
(1).
(3)
The licence granted in Form VIII shall be
valid for a period of five years and it shall specify the types of arms and/or
ammunition that may be sold or kept for sale and that may be deposited for safe
custody under Rule 48 or under Section 21.
Rule - 74. Licence for restricted category of firearms and ammunition to arms and ammunition dealers.-
The Central Government in
the Ministry of Home Affairs may, by a licence granted by it in Form VIII
authorise selected dealers to buy, sell or keep for sale a specified amount of
firearms and ammunition of Category I(b)
or I(c) specified in Schedule I
and the said licensee shall not sell or transfer any firearms or ammunition of
such category to any person, without obtaining a prior confirmation from the
licensing authority of the jurisdiction of the holder of the licence that the
licensee has been issued the said licence to possess such restricted firearm or
ammunition.
Rule - 75. Records of transactions to be maintained by arms and ammunition dealers.-
(1)
The licensee shall keep a register named as
?the Firearms Stock Register?, containing the following particulars, namely-
(a)
on the debit side,-
(i)
a stock number that must be clearly affixed
by means of a temporary marking on the firearm;
(ii)
the make, type, caliber of the firearm, as
well as every manufacturer's serial number or additional identification mark
that is reflected on the firearm;
(iii)
the date of receipt of the firearm;
(iv)
in case of trade transfer, the full name,
licence number, period of validity of licence, UIN and physical address of the
manufacturer or dealer from whom the firearm was purchased or acquired along
with the particulars of the purchase invoice, challan, transport documents and
details of the transport licence in Form XII, if applicable;
(v)
in case of private transfer, the full name,
licence number, period of validity of licence, UIN, physical address of the
licensee, the authorisation to sell issued by the concerned licensing authority
to the licensee or his legal heirs from whom the firearm was purchased or
acquired and the signature of the person from whom the firearm was acquired.
(b)
on the credit side, against the stock number
referred to in sub-rule (1),-
(i)
the date of sale of firearm;
(ii)
in case of trade transfer, the full name,
licence number, period of validity of licence, UIN and physical address of the
dealer to whom the firearm was sold or transferred along with the particulars
of the sale invoice, challan, transport documents and details of the transport
licence in Form XII, if applicable;
(iii)
in case of private transfer, the full name,
licence number, period of validity of licence, UIN, physical address of the
licensee, details of the authorisation to purchase and the purchase period
mentioned on licence issued by the concerned licensing authority to the
licensee to whom the firearm was sold or transferred along with the particulars
of the sale invoice and the signature of the person to whom the firearm was
sold;
(iv)
the signature of the person responsible for
the transfer of the firearm shall be affixed to the recorded particulars
mentioned in clauses (i) to (iii) as applicable.
(2)
The licensee shall keep a register named as
?the ammunition register?, containing the following particulars, namely-
(a)
on the debit side,-
(i)
the date of receipt of the ammunition;
(ii)
in case of trade transfer, the full name,
licence number, period of validity of licence, UIN and physical address of the
manufacturer or dealer from whom the ammunition was purchased or acquired along
with particulars of the purchase invoice, challan, transport documents and
details of the transport licence in Form XII, if applicable;
(iii)
in case of private transfer, the full name,
licence number, period of validity of licence, UIN, physical address of the
licensee, and the signature of the person from whom the ammunition was
acquired.
Note.- Full details of the ammunition containing its caliber,
make and quantity are required to be mentioned on all the documents and the
register;
(b)
on the credit side,-
(i)
the date of sale of ammunition;
(ii)
in case of trade transfer, the full name,
licence number, period of validity of licence, UIN and physical address of the
dealer to whom the ammunition was sold or transferred along with particulars of
the sale invoice, challan, transport documents and details of the transport
licence in Form XII, if applicable;
(iii)
in case of private transfer, the full name,
licence number, period of validity of licence, UIN, physical address of the
licensee, details of the authorisation to purchase and the purchase period
mentioned on licence issued by the concerned licensing authority to the
licensee to whom the ammunition was sold or transferred along with particulars
of the sale invoice and the signature of the person to whom the ammunition was
sold;
(iv)
the signature of the person responsible for
the transfer of the ammunition shall be affixed to the recorded particulars
mentioned in clauses (i) to (iii) as applicable.
Note.-Full details of the ammunition containing its caliber,
make and quantity are required to be mentioned on all the documents and the
register.
(3)
In case of trade transfers mentioned in
sub-rule (1) and sub-rule (2), the dealer making such sale or transfer shall
satisfy himself prior to entering into such transaction that the quantity of
the firearms or ammunition to be sold or transferred does not exceed the total
licensed quantity of the purchasing dealer as mentioned on his licence on the
date of sale or transfer.
(4)
No trade transfers of firearms and ammunition
shall be made under this rule unless accompanied by a sales invoice.
(5)
The registers maintained under sub-rules (1)
and (2) shall be kept at the business premises specified on the licence and
every page of such register shall be numbered in sequence with entry recorded
in ink and any amendment effected by means of interlineations or crossing out
in ink and not by way of erasure and be initialed by the person effecting it.
(6)
No person may remove or cause to be removed
any page from any register contemplated in this rule and removal of any page
there from shall be deemed, in the absence of evidence to the contrary, to have
been removed by or on the authority of the licensee who is obliged to keep such
register.
(7)
All particulars to be entered in a register
under this rule, shall be recorded immediately on receipt, transfer or sale, as
the case may be, of the firearm or ammunition concerned and in addition to the
particulars specified in sub-rules (1) and (2) shall depict the daily balance
of stock in hand of firearms and ammunition.
(8)
(a) The licensee shall establish an online
electronic connectivity under his user id with the NDAL system and shall
provide for a weekly electronic online transfer of data of the transactions
made regarding firearms and ammunition for the week, as recorded in the
registers referred to in sub-rules (1) and (2).
(b) If any circumstances occur which
prevent a licensee to submit online returns on NDAL system by means of
electronic network connectivity, the local licensing authority shall be
informed immediately in order to establish alternative means for submission of
the weekly returns.
(c) Weekly returns for the current
week shall be submitted by the close of business hours on every Saturday.
Rule - 76. Licence to keep in custody arms and ammunition.-
(1)
The licensee in Form VIII shall not accept
for deposit arms or ammunition under the provisions of Section 21 of the Act
and for safe custody under Rule 48 without satisfying himself that there is no
mala fide intention on the part of the depositor or any person on whose behalf
the deposit is being made.
(2)
The licensee shall keep separate registers
for arms and ammunition deposited under Section 21 and for safe custody under
Rule 48.
(3)
The registers referred to in sub-rule (1)
shall contain the following particulars, namely-
(i)
the date of receipt of firearm;
(ii)
the full name and address of the person from
whom the arms or ammunition were acquired;
(iii)
the make, type, caliber of the firearm, as
well as, every manufacturer's serial number or additional identification mark
that is reflected on the firearm;
(iv)
the number, date of issue, validity period of
the licence and UIN of the licensee and signature of the person from whom the
firearm was acquired;
(v)
the date of return, transfer or disposal of
the arms or ammunition; and
(vi)
the signature of the person to whom the arms
or ammunition were returned, transferred or disposed.
(4)
The registers under sub-rule (2) shall be
kept at the business premises specified on the licence and every page of such
register shall be numbered in sequence with entry recorded in ink and any
amendment effected by means of interlineations or crossing out in ink and not
by way of erasure and initialed by the person effecting it.
(5)
No person may remove or cause to be removed
any page from any register contemplated in this rule and if any page is removed
there from, it shall be deemed, in the absence of evidence to the contrary, to
have been removed by or on the authority of the licensee who is obliged to keep
such register.
(6)
All particulars that must be entered in a
register under this rule shall be recorded immediately on receipt, return or
disposal, as the case may be, of the firearm or ammunition concerned and in
addition to the particulars specified in sub-rule (3) depict the daily balance
of stock in hand of firearms and ammunition kept under deposit.
(7)
(a)
The licensee shall establish an online electronic connectivity under his
user-id with the NDAL system and shall provide for a weekly electronic online
transfer of data regarding firearms and ammunition deposited or released during
the week, as recorded in the registers referred to in sub-rule (2).
(b) If
any circumstances occur which prevent a licensee to submit online returns on
NDAL system by means of electronic network connectivity, the local licensing
authority shall be informed immediately in order to establish alternative means
for submission of the weekly returns.
(c) Weekly
returns for the current week shall be submitted by the close of business hours
on every Saturday.
Part IV ACCREDITED GUNSMITHS
Rule - 77. Licence for carrying out minor repairs.-
(1)
A licence in Form IX-A entitles the licensee
gunsmith to carry out minor repairs to firearms and accept and store such
firearms.
(2)
The licence also entitles the gunsmith to
acquire and keep in stock ammunition to test firearms.
Rule - 78. Licence for carrying out major repairs, conversion, etc.-
(1)
Where a licence is granted in Form IX for
conversion or carrying out major repair, of any category of firearms or
ammunition, it entitles the licensee gunsmith to fabricate components or parts,
for the purpose of conversion or major repair of such firearms but not to
manufacture such components or parts to be utilised for assembling into
complete firearms or ammunition of any category.
(2)
The licence also allows the licensee for
deactivation and storage of firearms.
(3)
The applicant applying for a licence in Form
IX must possess professional technical expertise to act as a gunsmith from a
national or international institute or body legally recognised for imparting
the professional or technical training.
(4)
The Central Government in the Ministry of
Home Affairs shall notify the technical course contents and institutions
recognised for imparting the training and expertise referred to in sub-rule (3)
by passing a general or special order in this regard.
(5)
Where a licence is granted in Form IX to
shorten a firearm, the licence shall specifically state that the licensee is
permitted to shorten a firearm:
Provided that the licensee,
shall not be permitted to shorten the barrel length of any shotgun or rifle, to
less than 20 inches.
(6)
Where such a licence is granted for
conversion of ammunition, it shall not entitle the licensee to convert blank
cartridges or any ammunition having no projectile into single or multiple
projectile ammunition or to load or reload any ammunition.
(7)
The licensee having a licence in Form IX is
entitled to accept and store a firearm and keep in stock any part of a firearm,
including a main frame component, for the purpose of performing his work.
(8)
The licence also entitles the gunsmith to
acquire and keep in stock ammunition to test firearms.
(9)
The licensee shall not alter or re-engrave or
remove the serial number or any other identification mark of a firearm without
the prior written permission of the licensing authority.
(10) Firearms and ammunition may only be test fired by the
licensee at an accredited shooting range or test bench or cabinet, only in such
manner and subject to such conditions, as are specifically mentioned in his
licence.
(11) The licensee gunsmith who carries out alteration of the
mechanism, caliber or barrel length of a firearm, before the conclusion of the
work, shall notify the licensing authority in writing of-
(i)
the particulars of the firearm, including the
type, name, caliber and manufacturer's serial number or additional identification
number;
(ii)
the name and address of the licensee along
with his UIN, licence number and date of the issue of the licence in respect of
the firearm;
(iii)
the particulars of the work performed on the
firearm.
(12) The licensee holding a licence in Form IX may deactivate
a firearm only with the prior permission of the licensing authority.
Rule - 79. Other conditions for licences issued in Form IX and IX-A.-
The validity of the licence
granted in Form IX or Form IX-A shall be for a period of five years and shall
specify the types of arms that may be converted, repaired (major or minor),
tested (other than proof test) or to be kept for conversion, shortening,
repairing (major or minor) or test (other than proof test) along with the
description of ammunition allowed to be possessed for testing the repaired
firearms or the description of ammunition allowed to be converted, as per the
type of licence granted under this category.
Rule - 80. Unserviceable or defective and deactivated firearm.-
(1)
No firearm shall be categorised as
unserviceable or defective or deactivated firearm unless it is certified by the
licensing authority in writing in this regard.
(2)
Any licensee who wishes to get his firearm
declared as unserviceable or defective or deactivated may make an application
to the licensing authority for grant of permission for declaring it as
unserviceable or defective or carrying out deactivation of the firearm and the
licensing authority may grant the permission for declaring such firearm as
unserviceable or defective or carrying out deactivation of the firearm.
(3)
A firearm shall only be deactivated by a
gunsmith and in the manner specified under Rule 81.
(4)
Where the gunsmith declares a firearm to be
unserviceable or defective or deactivates a firearm, he shall issue a
certificate in this regard to the licensee indicating therein the reasons for
declaring such firearm to be unserviceable or defective and in case of
deactivation of the firearm, shall certify that the procedure for deactivation
specified under Rule 81 has been complied with and shall forthwith inform the
licensing authority within seven days along with copy of the certificate.
(5)
The licensee on receipt of the certificate
referred to in sub-rule (4) shall within seven days of the receipt thereof,
submit the said certificate along with the firearm for inspection to the
licensing authority:
Provided that the licensing
authority shall forward the firearm for ballistic testing wherever required.
(6)
The licensing authority on being satisfied
after having inspected the firearm declared as unserviceable or defective or
deactivated firearm and on the basis of the certificate and the ballistic
report submitted to him, shall pass orders for destruction of unserviceable or
defective firearms in the manner specified in Rule 104 and shall pass orders
for deletion from the licence of the firearms so ordered for being destroyed or
deactivated.
Rule - 81. Technical procedure for deactivation of firearms.-
(1)
A firearm shall be deactivated in the
following manner, namely-
(i)
Barrel and chamber : A tight fitting metal plug to be inserted from
the rear end and welded in place to prevent chambering of a cartridge or
loading of a powder charge;
(ii)
Revolver cylinder : A tight fitting metal plug to be inserted from
the rear end and welded in place to prevent chambering of a cartridge or
loading of a powder charge;
(iii)
Firing pin : To be shortened and the firing pin hole in the
breech face to be closed by welding;
(iv)
Breech face : 75% or more to be removed at an angle of 45?.
Explanation.-In the case of a revolver, ?breech face? refers to the
area supporting the base of the cartridge in line with the barrel;
(v)
Slide, bolt or
breech - block: 75% or more of the locking surfaces to be
removed at an angle of 45?;
(vi)
Frame or receiver : 75% or more of the feed ramp, locking shoulders
and supports to be removed and a metal obstruction welded in place to prevent a
standard slide, bolt or breech-block from being fitted;
(vii)
Any other manner as approved in writing by
the licensing authority based on the technical opinion of the person holding a
licence in Form IX.
(2)
Firearms deactivated prior to the
notification of these rules shall be deemed to have been deactivated according
to these rules.
Rule - 82. Records of transactions to be maintained by gunsmiths holding a licence in Form IX or IX-A.-
(1)
The licensee shall keep a register known as
?the Firearms Repair Register?, wherein the following particulars shall be
recorded, namely-
(a)
In respect of every firearm received for
minor or major repair,-
(i)
a stock number that must be clearly affixed
by means of a temporary marking on the firearm;
(ii)
the make, type, caliber of the firearm, as
well as, every manufacturer's serial number or additional identification mark
that is reflected on the firearm;
(iii)
the date of receipt of the firearm;
(iv)
the name, address and UIN of the licensee
from whom the firearm was acquired;
(v)
the number, date and validity period of the
arms licence, permit or authorisation of the person from whom the firearm was
acquired;
(vi)
nature of repair done on the firearm or any
other work performed; and
(vii)
the date of collection and signature of the
holder of the licence, permit or authorisation issued in respect of the
licence.
(b)
For licences granted in Form IX, in respect
of main firearm components, received in stock,-
(i)
the date of receipt of the main firearm
components;
(ii)
the purpose of such receipt;
(iii)
the name, address and UIN of the licensee
from whom the main firearm components were acquired;
(iv)
the transfer or disposal of the main firearm
components including the name, address and UIN of the licensee to whom these
were supplied; and
(v)
the signature of the person who received it.
(2)
The licensee shall keep a register known as
?the Ammunition Stock Register?, wherein the following particulars shall be
recorded, namely-
(a)
on the debit side,-
(i)
the caliber, make and quantity of all
ammunition purchased or acquired;
(ii)
the date of receipt; and
(iii)
the number, date and UIN of the licence of
the person from whom the ammunition was purchased or acquired.
(b)
on the credit side,-
(i)
the caliber, make and quantity of all
ammunition consumed or used;
(ii)
the date and reason of disposal of the
ammunition and the signature of the licensee confirming the entries as correct.
(3)
The registers maintained under sub-rules (1)
and (2) shall be kept at the business premises specified on the licence and
every page of such register shall be numbered in sequence with every entry
written in ink and any amendment thereof effected by means of interlineations
or crossing out in ink and not by way of erasure and must be initialed by the
person, effecting it.
(4)
No person may remove or cause to be removed
any page from any register contemplated in this rule and removal of any page
there from shall be deemed, in the absence of evidence to the contrary to have
been removed by or on the authority of the licensee who is obliged to keep such
register.
(5)
All particulars to be entered in a register
under this rule, shall be recorded immediately on receipt, transfer, use or
disposal, as the case may be, of the firearm, main firearm component or
ammunition and in addition to the particulars specified in sub-rules (1) and
(2), shall depict the daily balance of stock in hand of firearms, main firearm
components and ammunition kept for repair or testing.
(6)
(a)
The licensee shall establish an online electronic connectivity under his
user-id with the NDAL system and shall provide for a weekly electronic online
transfer of data of transactions regarding firearms and ammunition for the
week, as recorded in the registers referred to in sub-rules (1) and (2).
(b) If any circumstances occur which
prevent a licensee to submit online returns on NDAL system by means of
electronic network connectivity, the local licensing authority shall be
informed immediately in order to establish alternative means for submission of
the weekly returns.
(c) Weekly returns for the current
week shall be submitted by the close of business hours on every Saturday.
Part V COMMON
PROVISIONS FOR MANUFACTURERS, ARMS DEALERS AND GUNSMITHS
Rule - 83. Inspection of premises, stock and record.-
Every Magistrate and any
police officer not below the rank of Inspector, or, if the Central Government
so directs, of Sub-Inspector, acting within the local limits of his authority,
or any officer of the Central Government specially empowered in this behalf
may,-
(i)
enter and inspect the premises in which arms
or ammunition are manufactured or proof tested or repaired or in which arms or
ammunition are kept by a manufacturer of or dealer in or gunsmith of such arms
or ammunition; and
(ii)
examine the stock and accounts of receipts
and disposals of arms and ammunition or any other register or document.
Rule - 84. Manufacture and sale of air weapons including paintball markers or guns.-
(1)
Notwithstanding anything contained in the
foregoing provisions of these rules,-
(a)
Manufacture or proof test or both, transfer,
sale, keeping for sale or transfer of all types of air weapons by a
manufacturer, including air rifles, air guns and paintball markers or guns
irrespective of the muzzle energy or caliber or bore shall be subject to
licensing requirements under these rules:
Provided that an existing
manufacturer shall, within a period of one year from the date of notification
of these rules in the Official Gazette, apply to the licensing authority for
grant of a licence for the manufacture of such weapons and the licensing
authority may grant a licence in Form VII-C to such manufacturer.
(b)
All air weapons including air rifles and air
guns, having muzzle energy more than 20 joules or 15 ft. lbs. and/or bore more
than 0.177?or 4.5 mm, shall be subject to markings as specified in Rule 58.
(2)
Sale, transfer and keeping for sale or
transfer of all types of air weapons including air rifles, air guns and
paintball markers or guns irrespective of the muzzle energy or caliber or bore
shall be only through the authorised arms and ammunition dealers or the air
weapon dealers licensed under these rules:
Provided that any existing
air weapon dealer shall, within a period of one year from the date of notification
of these rules in the Official Gazette, apply to the licensing authority for
grant of a licence for sale, transfer and keeping for sale or transfer of such
weapons and the licensing authority may grant a licence in Form VIII-A to such
dealer:
Provided further that the
sale or transfer of air weapons including air rifles and air guns having muzzle
energy more than 20 joules or 15 ft. lbs. and/or bore more than 0.177?or 4.5 mm
and paintball markers or guns having muzzle energy not exceeding 90 m/s or 300
ft/s (300 fsp), shall be made only through an authorised arms and ammunition
dealer to a valid arms licence holder.
(3)
Sale or transfer by the authorised arms and
ammunition dealer or the air weapon dealer of air weapons including air rifles
and air guns having muzzle energy less than 20 joules or 15 ft. lbs. and/or
bore less than 0.177?or 4.5 mm shall be made against obtaining of an
identification and residence proof from the buyer thereof and against issuance
of an invoice containing the said particulars at the time of sale.
Explanation.-For the purpose of these rules, ?air weapon dealer?
means a dealer, who buys, sells, transfers or keeps for sale or transfer air
weapons having muzzle energy less than 20 joules or 15 ft. lbs. and/or bore
less than 0.177?or 4.5 mm and having been granted a licence in Form VIII-A by
the licensing authority.
Rule - 85. Obligations of air weapon dealers.-
(1)
The air weapon dealer shall keep a register
namely, the ?Air Weapon Stock Register?, wherein on the debit side, all the
receipts of air weapons against an invoice issued by manufacturers or dealers
as the case may be; or in case of other person with details of name and address
of such person, shall be recorded with the date of such receipt and on the
credit side, all the sales or transfers of air weapons against sales invoice to
be issued shall be recorded with the date of such sale or transfer containing
full details of the name and address of the buyer:
Provided that the licensee
shall obtain and keep in his records proof of identification and proof of
residence of the buyer and also of the seller at the time of purchase except in
case of a trade transfer.
(2)
The air weapon dealers shall ensure that they
have the capacity to store the air weapons as per the safe storage requirements
as specified in Rule 10.
(3)
Every air weapon dealer shall obtain a UIN to
get himself registered on the NDAL database through the licensing authority of
his jurisdiction and allotted a separate user id and password for log in
purposes and the licensing authority may require such dealer to upload the
complete details of his transactions on the NDAL database on weekly basis for
the week in addition to the register specified under sub-rule (1):
Provided that the weekly
returns for the current week shall be submitted by the close of business hours
on every Saturday.
Rule - 86. Powers of Central Government in certain cases.-
(1)
Where no licence is required for the
manufacture, sale, import, export or transport of any category or description
of arms or ammunition by or through a manufacturer or dealer, the manufacturer
or the dealer, may be asked to register his name and address and place of
business in such manner and at such place as the Central Government may
prescribe by issuance of a general or special order in this behalf and the
manufacturer or the dealer shall maintain such registers and furnish such
information to the Central Government as it may require in respect of the arms
or ammunition, so manufactured, sold, imported, exported, or transported.
(2)
Every manufacturer or a dealer referred to in
sub-rule (1) shall obtain a UIN to get himself registered on the NDAL database
through the licensing authority of his jurisdiction and allotted a separate
user-id and password for log in purposes and the licensing authority may
require manufacturer or dealer to upload the complete details of his
transactions on the NDAL database on weekly basis for the week in addition to
the registers specified under sub-rule (1):
Provided that the weekly
returns for the current week shall be submitted by the close of business hours
on every Saturday.
Chapter VI IMPORT
AND EXPORT OF ARMS AND AMMUNITION
Rule - 87. Licences for import and export of arms and ammunition.-
The grant of licences for
import and export of arms and ammunition under these rules shall be subject to
the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22
of 1992). The persons bringing into India the arms and ammunition as a part of
their personal baggage shall be governed by the Customs Act, 1962 (52 of 1962)
and the rules made there under:
Provided that a licence
shall not be granted for the import or export for reimport of any arms or
ammunition through the medium of post office.
Rule - 88. Import of arms and ammunition.-
(1)
Arms or ammunition shall be deemed to have
been brought into India by a person, when such arms or ammunition are imported
through an agent and are either consigned to such person direct, or consigned
to the said agent, if the agent possesses a certificate from the said person
that the arms or ammunition are bona fide his property and the agent only
clears the arms or ammunition from the Indian customs and forwards the same.
(2)
The dealer or manufacturer, who wants to
import a firearm or parts of firearms or ammunition shall file an application
for grant of a licence in Form X at least twenty one days before the shipment
of the firearm or ammunition to India or on good cause shown, such shorter
period, as the licensing authority in his opinion deem fit and shall not arrange
for the shipment of the firearm or ammunition prior to the issuance of the
import licence.
(3)
The licensing authority granting the licence
shall forthwith send a copy of the licence to the licensing authority having
jurisdiction at the port of import.
(4)
The dealer or manufacturer shall immediately
on the arrival of the shipment of firearms or parts of firearms or ammunition
in India, notify the licensing authority as well as the licensing authority for
the port of entry where the shipment has arrived, in writing of the arrival and
provide the particulars of the container or consignment and place where the
shipment can be inspected and the importer licensee shall not open the
container or the consignment of firearms or ammunition before an inspection is conducted
by the licensing authority of the port in presence of the Indian customs
authority at the port of entry in India.
(5)
The dealer or manufacturer shall within
seventy two hours of the arrival of the firearms or ammunition in India,-
(a)
arrange with the licensing authority of the
port of entry to physically inspect the firearms or ammunition; and
(b)
on finalisation of the physical inspection,
certify in writing to the licensing authority, who issued the import licence,
that the imported firearms or ammunition corresponding with the import licence,
have arrived in India.
(6)
Any delay in carrying out the inspection
referred to in sub-rule (5) within seventy two hours resulting in any
additional charges or demurrage shall be attributed to the licensing authority
at the port of entry and the customs authority and not the importer licensee.
Rule - 89. Import of certain type of arms.-
(1)
Import of replicas of contemporary or modern
firearms shall be subject to submission of certificate of innocuousness from
the manufacturing company of the country of export and an undertaking from the
importer that the replicas of the firearms to be imported are incapable, even
with modification, of expelling or launching a shot, bullet or projectile by
the action of an explosive charge or compressed air or any other gas.
(2)
Import of paintball markers or paintball guns
shall be subject to submission of certificate from the manufacturing company of
the country of export that the muzzle energy of the paintball markers or guns
does not exceed 90 m/s or 300 ft./s (300 fsp) and an undertaking from the
importer that the paintball markers or paintball guns shall be sold only
through an authorised arms and ammunition dealer registered under these rules.
(3)
(a)
Import of electronic disabling devices (EDD) shall be subject to submission of
medical research reports on the technology used in such products, at the time
of submitting application for import to the licensing authority, which shall
include-
(i)
physiological effect of prolonged discharge
on intoxicated adults;
(ii)
echocardiography evaluation of probes
deployed into the chests of human volunteers;
(iii)
implanted pacemaker;
(iv)
repeated or long duration exposure : Academia
and lack of respiration;
(v)
cardiovascular effects;
(vi)
physiological effects of exposure after
exercise;
(vii)
lactate and pH evaluation in exhausted
humans;
(viii)
non-impairment of basic respiratory
parameters during fifteen second device application.
(b) an undertaking from the importer
that all types of electronic disabling devices (EDD) irrespective of their
range shall be sold only through authorised arms and ammunition dealers having
a licence under these rules.
Rule - 90. Export of arms and ammunition.-
(1)
The authority granting a licence in [Form
X-A] for export of arms or ammunition from any customs port in India to any
port in a foreign territory shall send a copy of such licence to the agent or
master of the vessel or to the air carrier or the railway authority by which
the arms or ammunition covered by the licence are intended to be taken out of
India and shall forthwith send a copy of the licence to the licensing authority
of the place, wherefrom the goods are to leave the Indian territory [further
the export licence shall also be governed by the extant standard operating
procedure issued by Department of Defence Production in the Ministry of
Defence, from time to time].
(2)
Every application for the grant of a licence
for export of arms specified in Category IV of the Schedule I, shall be
accompanied by a certificate from the Director-General of Archaeology of the
Central Government to the effect that the arms intended to be exported do not
fall within the definition of ?antiquity? under the Antiquities and Art
Treasures Act, 1972 (52 of 1972).
(3)
The District Magistrate having jurisdiction
over the area out of which the goods to be exported are to cross the frontier
of India may, in his discretion, require the licensee to produce the arms or
ammunition for his inspection before allowing them to leave the area.
(4)
An export licence in [Form
X-A] shall be non-transferable and issued in three original copies.
(5)
(a)
The first copy of the export licence shall be returned to the issuing licensing
authority within ten days of the date of export and which date must be duly
certified by the Indian customs authorities;
(b) The second copy shall be returned
to the issuing licensing authority within a period of ninety days after the
export date stated on the export licence, which must bear the signature, an
official date and name stamp of the end user, to serve as a delivery
verification certificate:
Provided that failure to
comply with conditions specified in clause (a) and clause (b)
shall result in suspension of all pending and future export transactions of the
exporter till the time the said conditions are duly complied with.
(6)
A one-time extension of validity of export
licence, for a period not exceeding three months, may be granted by the
licensing authority if for any genuine reasons stated in the application, the
export transaction could not be carried out within the stipulated time of the
validity of the export licence.
(7)
Where the licensee fails to export within the
validity of the export licence, he shall return all the three copies of the
export licence in original to the issuing licensing authority along with the
reasons for non-compliance of the said transaction.
(8)
On completion of the export transaction, the
exporter shall retain one original copy of the export licence, bill of lading
or airway bill, packing lists and export invoice pertaining to the firearms or
ammunition so exported and shall produce the said documents whenever required
to do so by the issuing licensing authority.
Rule - 91. Export and re-import of arms and ammunition.-
(1)
A licence in [Form
X-A] may be granted for export of arms or ammunition from one place in India
and its re-import into another place in India by the Central Government in the
Ministry of Home Affairs or any other officer, specially empowered by it, if
the arms or ammunition are taken across intervening territory not forming part
of India.
(2)
A copy of every licence granted under
sub-rule (1) shall forthwith be sent by the Central Government both to the
licensing authority of the place of dispatch and place of destination of the
articles in India.
(3)
Arms and ammunition exported from India for
the purpose of exhibitions, evaluations and demonstrations shall be returned to
India within a period of six months after the date of export reflected on the
export licence issued in [Form
X-A].
Rule - 92. In-transit licence of arms and ammunition.-
(1)
No person shall, import, transport and
re-export any arms or ammunition unless he holds in this behalf an in-transit
licence in Form X [and
Form X-A] issued by the Central Government in the Ministry of Home Affairs.
(2)
The application for grant of in-transit
licence shall be accompanied by-
(i)
a proof of authority to export the arms and
ammunition from the country of origin and a documentary proof of authority of
import from the country of final destination that the arms or ammunition may
lawfully be imported into the said country;
(ii)
the particulars of the intended transport
route and mode of transport and the proposed port of entry and exit and likely
date of the entry and exit along with a certified copy of the licence, permit,
authorisation or any proof acceptable to the licensing authority, confirming
the lawful possession of the firearm and ammunition in transit through the
Indian territory;
(iii)
complete lists of the firearms and ammunition
indicating the quantity, type of action, manufacturer's serial number, model
and caliber of the firearms and quantity, type and caliber of ammunition
forming part of consignment along with a consignment note to be carried
in-transit through Indian territory.
(3)
The licensee shall immediately on the arrival
of the arms or ammunition in India, in writing notify the issuing licensing
authority referred to in sub-rule (1) as well as the licensing authority for
the area where the shipment has arrived and provide the particulars of the
container or consignment and place where it can be inspected and shall further
ensure that the consignment is stored in a bonded warehouse under the
jurisdiction of Indian customs authority and shall not open the container or
consignment unless an inspection has been conducted by the licensing authority
for the area and the customs authority.
(4)
The licensing authority may lay down
conditions for transportation and route thereof, of the container or
consignment through the Indian territory and all incidental expenses related to
the security measures from the port of import to the port of re-export through
Indian territory shall be borne by the licensee.
(5)
Storage of arms or ammunition for any period
not exceeding one month in India, shall be granted in exceptional circumstances
by the licensing authority with the prior consent of the local police authority
and subject to such conditions of safe storage as the licensing authority may
prescribe:
Provided that the arms and
ammunition, shall be under the direct supervision of the licensee and the local
police authority.
(6)
Arms or ammunition under an in-transit
licence shall not for whatever reasons be sold, transferred or used in India.
(7)
It shall be the duty of the licensing
authority granting an in-transit licence in Form X [and
Form X-A] to send a copy of the licence to the District Magistrate having
jurisdiction over the last port through which the consignment is to cross the
frontier of India.
Rule - 93. Vessels entering the territorial waters of India.-
Arms or ammunition carried
by a vessel entering the territorial waters of India or leaving such waters,
shall be deemed to be imported or exported, as the case may be, irrespective of
whether the vessel carrying, the arms or ammunition does or does not berth.
Rule - 94. Arms or ammunition to be delivered to Indian customs authority in certain cases.-
Where a vessel or aircraft,
bound for a port other than a port in India, calls at any port in India in the
course of its voyage, and remains there for a period exceeding forty eight
hours, any arms or ammunition in the possession of any passenger not exempted
from liability to take out a licence in respect of such possession shall be
delivered by him to the Indian customs authority, to be detained until the
departure by sea or air, as the case may be, of such passenger, and it shall
not be necessary for such passenger to take out any licence in respect of the
arms or ammunition so delivered and detained.
Rule - 95. Scrutiny by authorities of consignments containing arms and ammunition.-
(1)
The licence issued under Chapter VI of these
rules shall be produced wherever applicable, to the authorities involved in the
import or export transactions such as Indian customs authority, licensing
authority of the port under the Act, railway authority, shipping agent, master
of the vessel, air-carrier, transporter and any other authority directly or
indirectly related with such transactions and the said authorities shall ensure
that the consignment containing arms or ammunition correspond with the details
contained in the licence.
(2)
Where in any case referred to in sub-rule
(1), the original licence is not produced by the importer or the exporter or
the consignee or the agent, or the original or attested copy of the licence
does not accompany the consignment, as the case may be, or the licence is not
identical in substance with the copy sent to the authority, or the arms or
ammunition do not correspond with the description given in such licence, the
authority shall not receive the consignment for despatch or allow it to proceed
further or deliver the consignment, as the case may be, and shall, in case he
is not a District Magistrate, forthwith inform the nearest Magistrate.
Chapter VII
Part I TRANSPORT
OF ARMS AND AMMUNITION
Rule - 96. Prohibition of transport of arms and ammunition.-
(1)
Save as herein otherwise provided, no person
shall transport over India or any part thereof any arms or ammunition or any
arms specified in Category V of Schedule I, except under, and in accordance
with the conditions of, a licence in Form XII granted under these rules.
(2)
Nothing in sub-rule (1) or in Section 12 of
the Act 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 prooftesting, in a case or package legibly
addressed to a Government establishment or an establishment licensed under
these rules, or retransported by such establishment to such person;
(c)
of Category V arms specified in Schedule I,
transported through an area where the Central Government has, by notification
in the Official Gazette, applied Section 4, or from such area to an area where
Section 4 does not apply, provided that the arms are properly packed and
labeled, showing clearly the description of these articles and the name and
address of the consignee;
(d)
transported by a licensed manufacturer or
dealer for export or after import, in accordance with a licence for their
export or import,-
(i)
from the place of despatch to the port or
other place of export, or
(ii)
from the port or other place of import to the
place of destination, or
(iii)
by transshipment in the port of import for
re-export;
(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 manufacturer or 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 manufacturer or a 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;
(iii)
by a dealer to another dealer under trade
transfer, within the same State against a sale invoice;
(f)
being chlorates, transported for bona fide
industrial, agricultural or medicinal purposes:
Provided that-
(i)
transport of arms or ammunition under clause
(d), sub-clauses (i) and (ii) of clause (e)
or clause (f), shall be subject
to obtaining a certificate of no objection from the licensing authority at the
destination of the articles as provided for in Rule 98;
(ii)
transport of arms or ammunition personally
for any of the purposes stated in sub-clause (i) of clause (e)
without using them through any area outside the area of validity of his
possession licence, shall be subject to his obtaining a licence in Form XII
from the licensing authority at the starting place of transport; and
(iii)
prior intimation of the transport of arms
specified in Category V of Schedule I under clause (c) or of chlorates under clause (f) shall be given to the officer in-charge of the nearest police
station or a Magistrate having jurisdiction over the place of despatch.
(3)
The officer or Magistrate receiving prior
intimation under 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
Section 4 applies, in the case of transport of arms specified in Category V of
Schedule I.
Explanation.-For the purposes of these rules, ?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 manufacturer or dealer
from a warehouse, godown or any other similar place to his factory, shop or
other place of business within the same village, town or city.
Rule - 97. Transport of arms or ammunition.-
(1)
A copy of licence granted in Form XII for
transport of arms or 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
consigned is situated.
(2)
A copy of every such licence granted by a
District Magistrate for transport within the limits of his jurisdiction shall
forthwith be sent to the Subordinate Magistrate (if any) 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 98, shall be attached to the way bill or invoice, as the case may
be, and advice of every such consignment shall be sent by the railway
authorities from the forwarding to the receiving station.
(4)
A transporter having a licence in Form XIV
for transport of arms or ammunition by road shall comply with the conditions
specified in sub-rule (3) of Rule 101 in accordance with the procedure for
transporter licence specified in Rule 102.
(5)
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 three months:
Provided that a licence for
a longer period, not exceeding six months, may be granted in connection with
industrial purposes for transporting ingredients of ammunition in instalments
from the godown to the factory of the licensee situated within the same
district but not in the same locality:
Provided further that such
licensee, gives prior intimation to the nearest Magistrate or officer-incharge
of the police station and makes necessary entries promptly in the stock
registers maintained for the purpose at both the godown and the factory.
Rule - 98. Previous consent in certain cases.-
(1)
A licence having effect beyond the local
limits of the authority of the officer granting it shall not be granted for the
transport or export or re-import of any arms or ammunition to a place, without ascertaining
that there is no objection to the grant of such licence on the part of the
District Magistrate having jurisdiction over the area in which such place is
situated.
(2)
For the purposes of sub-rule (1), either-
(i)
a certificate of ?no objection? may be
obtained by the applicant for the licence; or
(ii)
an enquiry may be made by the authority to
whom application for grant of such licence is made.
Rule - 99. Carriage of arms and ammunition by air.-
(1)
No licensee holding a valid licence under
these rules or a journey licence in Form XI [or
import licence in Form X or export licence in Form X-A] or holding a transport
licence in Form XII, may carry or cause or permit to be carried, arms and
ammunition endorsed on his licence by air, except with the prior permission of
the Director General of Civil Aviation (DGCA) in accordance with the Aircraft
Rules, 1937 framed under the Aircraft Act, 1934 (22 of 1934).
(2)
The arms and ammunition granted permission
under sub-rule (1) shall be so packed, protected and secured as to avoid any
possibility of their being a source of danger and the packages shall be clearly
and conspicuously marked on the outside.
Rule - 100. Packaging of arms and ammunition during transportation.-
The licensee holding a
licence in Form XII, during transportation of firearms and ammunition shall
ensure that-
(i)
firearms are packed separately from
ammunition, and all ammunition shall be removed from firearms in a safe manner,
before transportation;
(ii)
large consignments of firearms and ammunition
be transported in an appropriately locked metal container, and packed to ensure
maximum safety and minimum exposure;
(iii)
small consignments of firearms be transported
in an appropriately locked metal container or strong wooden boxes or wrapped in
hessian cloth tightened with iron strips; and
(iv)
direct continuous supervision and control of
arms and ammunition being transported is strictly maintained for large
shipments.
Part II TRANSPORTER'S
LICENCE
Rule - 101. Licence for transporter.-
(1)
Any person applying for a transporter's
licence in Form XIV shall in addition to the requirements laid down in Rule 11,
submit-
(i)
proof that a proper functioning two way
secure communication system between the vehicle transporting the arms or
ammunition and the applicant is in operation;
(ii)
a detailed description of the safety measures
fitted to the vehicle including GPS navigation system; and
(iii)
a detailed description of security
precautions to be followed during transportation.
(2)
The transporter holding a licence in Form XIV
shall before undertaking transport of arms and ammunition, obtain from the
consignor a copy of his transport licence in Form XII in respect of the arms
and ammunition to be transported.
(3)
The transporter using road transport shall
provide to the person in charge of transportation, a typed list or computer
printout on his letterhead of persons who will be directly involved in the
transportation of the consignment of the arms and ammunition, containing their
names and identity numbers and such list shall be attached to a certified copy
of the licence in Form XIV:
Provided that the
transporter shall get the police verification of the antecedents of his
employees before assigning them any duty related to such transportation of arms
or ammunition.
(4)
It shall be the duty of the licensing
authority to ensure, before grant of licence to a transporter in Form XIV, that
the applicant has made arrangements for the receipt, carriage and delivery of
the arms and ammunition, the safe and efficient transportation thereof, the
mode of transport by which the transportation is to take place, including the
type and construction of the vehicle to be used, as well as the containers,
persons to be involved and communication facilities, etc., for the safe and
secure transport and storage of the arms and ammunition.
(5)
The licence granted to a transporter in Form
XIV shall be valid for a period of five years.
(6)
The licence in Form XIV shall specify, the
categories of arms and/or ammunition, maximum quantity during a calendar year,
maximum quantity in a single consignment and maximum quantity in multiple
consignments under a single shipment that may be allowed to be transported.
(7)
(a) The transporter licence in Form XIV shall
be applicable for bulk transportations exceeding one hundred firearms or ammunition
exceeding fifty thousand cartridges in a single consignment or multiple
consignments forming part of a single shipment.
(b) The transport of arms and
ammunition other than bulk transportation may be carried out by ISO 9001
certified transport companies.
Rule - 102. Procedural requirements for transporter's licence.-
(1)
An arms or ammunition transporter holding a
licence in Form XIV shall possess at all times during such transport,-
(a)
a consignment note containing the following
particulars-
(i)
the name, address, licence and UIN of the
transporter;
(ii)
the name, address, licence number and UIN of
the consignor and of the consignee in respect of arms and ammunition to be
transported;
(iii)
the quantity, type of action, manufacturer's
serial number, make and caliber of the firearms and quantity, make and caliber
of ammunition; and
(iv)
the physical address wherefrom the firearms
and ammunition were collected and the physical address of their final
destination.
(b)
copy of the licence in Form XII authorising
the transportation of such firearms and ammunition;
(c)
any other document which under these rules or
any other law may be required.
(2)
A transporter holding a licence in Form XIV
who is obliged to store the firearms or ammunition for any period of time after
its receipt and before delivery, shall comply with the safe custody and storage
requirements under Rule 10.
(3)
The licensee shall ensure direct supervision
by him or through his personnel of an enroute consignment of arms or
ammunition.
(4)
The transporter holding a licence in Form XIV
shall obtain from the consignee a written confirmation for the consignment of
arms and ammunition, which shall contain the following information, namely-
(i)
the name and surname of the recipient;
(ii)
the recipient's address;
(iii)
the telephone number, mobile number and email
address of the recipient;
(iv)
the date and time of delivery;
(v)
the description of the arms and ammunition
received; and
(vi)
the signature of the recipient confirming the
deliverance.
(5)
A copy of the written confirmation from the
consignee shall be submitted by the transporter to the licensing authority
issuing transport licence in Form XII.
(6)
The transporter holding a licence in Form XIV
shall immediately notify in writing the police and licensing authority in the
event of non-delivery, loss or theft of the arms or ammunition.
(7)
In the event of the consignment under
transportation being misused by, or stolen or lost due to the gross negligence
of the transporter holding a licence in Form XIV or by any of its employees
entrusted with such transportation, the licence of the transporter shall be
liable to be revoked.
Chapter VIII DISPOSAL
AND DESTRUCTION OF FIREARMS AND AMMUNITION
Rule - 103. Confiscation, capture or seizure of firearms and ammunition.-
(1)
The firearm bureaus under the Central
Government or the State Governments shall maintain inventory for different
categories of confiscated, captured, seized, recovered or surrendered arms and
ammunition.
(2)
The firearm bureaus referred to in sub-rule
(1) shall be granted UIN by the Central Government and allotted separate user
id and password under the NDAL system.
(3)
The arms and ammunition confiscated,
captured, seized, recovered or surrendered shall, on registration of a First
Information Report at the nearest police station, be taken on charge of memo of
seizures to be signed by the person(s) involved in confiscation or capture or
seizure or recovery or surrender, and handed over to the empowered officer of
the Central or the State Government along with history sheet of each firearm
containing details of the make, type, manufacturer's serial number, caliber and
nature of the firearm.
(4)
The empowered officer of the Central or the
State Government referred to in sub-rule (2) shall handover the said arms and
ammunition to the concerned Central or the State firearm bureau and the firearm
bureau shall make an entry in the receipt column of its stock register.
(5)
The Central or the State firearm bureau shall
get firearms and ammunition examined from a gunsmith holding a licence in Form
IX or an officer of the Central Armed Police Force or State police department,
authorised to examine.
(6)
On submission of the report by the examiner
of the firearm, the firearm may be declared as serviceable or unserviceable or
beyond economical repair (BER) and all such serviceable firearms shall be
entered in the active firearm stock register and the details shall be uploaded
on NDAL system against the UIN allotted to the firearm bureau.
(7)
The serviceable firearms may be, on receipt
of the orders of the competent court, allotted to the eligible applicants under
these rules by the firearm bureau against a valid arms licence in Form III, for
the particular category of firearm against a sale voucher or invoice to be
issued by the firearm bureau and the details of such sale or transfer shall be
recorded in the register to be maintained by it and uploaded on the NDAL
system.
Explanation.-For the purposes of this rule, firearm bureau means a
unit working under the Central Government or State Home departments or under
the State police department for deposit and disposal of confiscated, captured,
seized, recovered or surrendered arms and ammunition.
Rule - 104. Destruction of firearms and ammunition.-
(1)
Any obsolete or obsolescent, condemned or
unserviceable firearm or any confiscated, captured, seized, recovered or
surrendered firearm that does not bear the manufacturer's serial number or
additional identification mark shall be marked forthwith by the concerned
Central or the State firearm bureau in accordance with the procedure laid down
in Rule 34 and Rule 58 and details of such firearm be recorded in a separate
register and uploaded on the NDAL system under a distinct category.
(2)
The firearm bureau shall submit to the local
licensing authority an application containing the details of firearm to be destroyed,
giving particulars regarding the make, type, caliber of the firearm as well as
the manufacturer's serial number or additional identification mark and the
licensing authority shall after verifying the particulars recorded in the list
supplied to it by the firearm bureau, grant permission for destruction of
firearm.
(3)
The firearms under this rule may be
destroyed, only by melting, pressing or in any other manner determined by the
licensing authority and ensuring that the original intent, design and purpose
of the firearm or any part thereof is permanently or irrevocably destroyed:
Provided that a firearm or
ammunition, shall be destroyed only in the presence of a designated officer
deputed by the local licensing authority.
(4)
A list of firearms or ammunition destroyed
under sub-rule (3) with the particulars of such firearms referred to in
sub-rule (2) shall be submitted to the licensing authority within fourteen days
of such destruction.
Chapter IX APPEALS
UNDER ARMS ACT
Rule - 105. Appellate authorities.-
(1)
The appellate authority to whom an appeal
shall lie against an order of the licensing or other authority specified in
column (1) of the table below, shall be that specified in the corresponding
entry in column (2) thereof:
TABLE
|
Authority
|
Appellate Authority
|
|
(1)
|
(2)
|
|
(a)
|
District Magistrate
|
Commissioner of the Division
or any other equivalent post or in any State in which there is no post of
Commissioner of a Division, the State Government [or any
officer authorised by the State Government]
|
|
(b)
|
Commissioner of Police
|
State Government
|
|
(c)
|
Officer empowered by the
Central Government in a Union Territory
|
Administrator/Lt. Governor
of the Union Territory
|
|
(d)
|
Head of Indian Mission
|
Central Government
|
|
(e)
|
Other specially empowered
officer
|
Authority that empowered
|
(2)
For the purpose of sub-section (6) of Section
17, the licensing authority shall be deemed to be subordinate to the appellate
authority.
(3)
All licensing authorities shall work under
the direction and control of their respective appellate authorities.
Rule - 106. Reasons to be communicated to appellate authority in certain cases.-
Where a licensing authority
is of opinion that it will not be in the public interest to furnish reasons for
the refusal, renewal, variation of conditions, revocation or suspension, of a
licence, to the applicant, the recorded reasons therefor and the facts of the
case shall be communicated by him to the appellate authority.
Rule - 107. Appeal against order of licensing authority or an authority suspending or revoking a licence under sub-section (6) of Section 17 of the Act.-
In any case, in which an
authority issues an order-
(i)
refusing to grant or renew a licence or to
give a ?no objection certificate? for such grant or renewal; or
(ii)
varying any condition of a licence or
suspending or revoking a licence under sub-section (1), or sub-section (3) or
sub-section (6) of Section 17,the person aggrieved by such order may, within
thirty days from the date of issue of the order, and subject to the proviso to
sub-section (2) of Section 18, prefer an appeal against that order, to the
concerned appellate authority.
Rule - 108. Procedure to be followed by appellate authority.-
On receipt of an appeal,
the appellate authority may call for the records of the case from the authority
who passed the order appealed against and after giving the appellant a
reasonable opportunity of being heard, pass final orders within sixty days of
receipt of the appeal.
Rule - 109. Fee payable on a petition for appeal made under sub-section (1) of Section 18 of the Act.-
Every petition for appeal
under sub-section (1) of Section 18, shall be accompanied by a fee of rupees
one thousand.
Chapter X PROVISIONS
RELATING TO NEPAL
Rule - 110. Import, transport and export of arms and ammunition for Government of Nepal.-
(1)
Where arms or ammunition are imported into
India for despatch to the Government of Nepal, the customs authority at the
port of disembarkation, or the licensing authority in other places, shall check
the consignment against the list of arms or ammunition received from the
Central Government and the packages shall be sealed thereafter in the presence
of a Customs Examiner or any other authority appointed for the purpose by the
Central Government.
(2)
(a)
Where arms or ammunition imported into, or acquired in, India are to be
despatched to Nepal for the Government of Nepal, they shall be accompanied by a
certificate from the Indian customs authority or the licensing authority of the
area concerned to that effect containing a description of the marks on each
package or case sufficient to enable it to be readily identified and a general
statement of the contents of such package or case;
(b) on receipt of requisition from the
clearing agents or the firm concerned, as the case may be, the District
Magistrate shall arrange for necessary escort up to the railway station;
(c) the railway authority shall, not
receive for despatch any package or case containing, arms or ammunition unless
accompanied by a certificate as required under clause (a).
(3)
Where in any case-
(i)
the list referred to in sub-rule (1), is not
received from the Central Government, or
(ii)
the arms or ammunition imported into, or
intended to be despatched from India do not correspond with the description
given in such list,the authorities concerned shall not allow the consignment to
be despatched to Nepal and shall forthwith inform the Central Government.
Rule - 111. Transport of arms from any place in Nepal to any other place in Nepal through Indian territory.-
(1)
Notwithstanding anything contained in Rule 6
and Rule 87, the Ambassador of India in Nepal, on an application made by the
Government of Nepal, and subject to confirmation by the Central Government, may
grant a licence in Form XV for the import into, possession in, transport
across, or export out of, India from any place in the territory of Nepal to any
other place in that territory across the frontiers of India, of arms or
ammunition specified in Categories I and II of Schedule I or any other category
of Schedule I by Nepal Government's troops or police, as the case may be.
(2)
Where under the authority of a licence
granted under sub-rule(1), arms or ammunition are to pass across Indian
territory,-
(a)
if entirely by rail, a copy of the licence
shall forthwith be sent by the Ambassador to the district Magistrates having
jurisdiction over the areas through which the arms or ammunition shall pass
across the frontiers of India and also to the railway authorities of the place
in the Indian territory through which the consignment shall pass;
(b)
if by road or river, a copy of the licence
shall forthwith be sent to the district Magistrates having jurisdiction over
the areas through which the arms or ammunition shall pass to Nepal across the
frontiers of India.
(3)
The Central Government, or the Ambassador of
India in Nepal with the approval of the Central Government, may make any order
regulating the safe transit to Nepal across the frontiers of India of the arms
or ammunition mentioned in this rule.
Chapter XI MISCELLANEOUS
Rule - 112. Common conditions applicable to all types of licences.-
(1)
The licensee shall-
(a)
not possess Government arms and ammunition as
defined in clause (22) of Rule 2:
Provided that the above
condition may be cancelled by the authority granting the licence empowered to
do so by the Central Government, and an endorsement added showing the
Government arms or ammunition which the licensee is authorised to possess.
(b)
on demand by an authorised officer produce
the firearms possessed under his licence;
(c)
not sell or transfer any firearms or ammunition
or any part thereof covered by his licence to any person not lawfully entitled
to possess them;
(d)
forthwith give information at the nearest
police station of the loss or theft of any arms or ammunition covered by his
licence.
(2)
The authority granting or renewing the
licence has the right to enquire at any time during the currency of the
licence, whether the arms or ammunition for which it has been granted, is still
in the possession of the licensee, and may require the production of the arms
or ammunition for the purpose of such an enquiry.
(3)
Save where he is specially authorised in this
behalf by the District Magistrate concerned, the licensee shall not carry any
arms covered by the licence within the campus or precincts of any educational
institution or a firearm free zone declared under these rules.
Rule - 113. Security and precautionary conditions for storage of ingredients of ammunition specified in Category VI of Schedule I.-
(a)
Chlorates shall be kept in a building
constructed of non-flammable materials only and separated from any dwelling
house, other building, highway, street, public thoroughfare or public place by
a distance of not less than ten feet:
Provided that where the
total quantity stored does not exceed one hundred kilograms, chlorates may be
kept exclusively in a closed and secured receptacle placed in a building used
for the keeping of other articles not being of an explosive or highly
inflammable nature.
(b)
Sulphur shall not be kept in the same room
with saltpeter in the premises specified in the licence:
Provided that when the
quantity of each does not exceed one hundred kilograms, sulphur and saltpeter
may be kept in separate closed receptacles in the same room.
(c)
No person shall smoke and no open fires shall
be allowed at any time in the premises specified in the licence or in the
vicinity of the receptacles mentioned in the provisos to clauses (a) and (b).
(d)
Where any building used for storage of such
materials is fitted with electric lighting or power, the licensee shall get
these installations tested at least once a year or once during the currency of
the licence, by an electrical inspector appointed under the Electricity Act,
2003 (36 of 2003).
(e)
Any accident, fire or explosion occurring
within the premises specified in the licence which is attended with loss of
human life or serious injury to person or property shall be reported at once by
the licensee to the officer in-charge of the nearest police station having
jurisdiction over the place of his business or factory as well as to the
inspector of explosives of the circle concerned.
(f)
The conversion into explosives of sulphur in
admixture with chlorates shall be permitted for the following purposes only
(and for no other purposes), namely-
(i)
in small quantities for scientific purposes;
or
(ii)
for the purposes of manufacturing heads of
matches; or
(iii)
for use in toy amorces (paper caps for toy
pistols).
|
SCHEDULE I
(See Rule 3)
|
|
Part A
|
|
|
Category
|
Arms
|
|
Ammunition
|
|
|
(1)
|
(2)
|
(3)
|
|
I
|
(a)
|
|
Prohibited arms
(i) Prohibited arms as defined in Section 2(1)(i) of the Act;
(ii) Items configured for military use;
(iii) Light weapons;
(iv) Small arms including automatic and selective fire other
than those defined in Category I(b),
I(c) and III
|
Prohibited ammunition
(i) Prohibited ammunition as defined in Section 2(1)(h) of the Act;
(ii) ammunition for items configured for military use;
(iii) ammunition for light weapons;
(iv) ammunition for small arms including automatic and
selective fire other than those defined in Categories I(b), I(c) and III
|
|
|
(b)
|
|
Restricted arms
Semi-automatic firearms
which cannot be converted into automatic firearms and other than those
defined in Categories III(a),
III(c) and III(d);
Smooth bore guns having
barrel of less than 20 inches in length;
Centrefire rifles of any
barrel length (semi-automatic);
Electronic disabling devices
having firing range of more than fifteen feet
|
|
Restricted ammunition
Ammunition for arms of
Category I(b).
|
|
|
(c)
|
|
Restricted arms
|
|
Restricted ammunition
|
|
|
Category of arm
|
Caliber/chamber
specification
|
Ammunition for arms of
Category I (c).
|
|
(i)
|
Rifles other than those
mentioned in Categories I(b),
III(b) and III(c)
|
7.62mm (7.62mm
NATO/7.62?51mm NATO)
5.56mm (5.56mm
NATO/5.56?45mm NATO)
7.62mm?39mm
.303 British or 7.7?56mmR
|
|
|
|
(ii)
|
Pistols
|
9mm Parabellum (9?19mm/9mm
Luger/9mm Parabellum Plus/9mm Parabellum)
|
|
|
|
(iii)
|
Revolvers
|
.38 Revolver MkIIz also
.38/200?20R,
.380/200 Revolver Mk-II
.455 WebleyR
|
|
|
II
|
|
|
Machinery for manufacture or
proof testing of firearms
|
|
Machinery for manufacturing
ammunition
|
|
III
|
|
|
Permissible arms
|
Permissible
ammunition
|
|
|
|
|
Arms other than those
defined in categories I, II and IV, namely:
|
|
Ammunition for arms other
than those in Categories I, II and IV, namely:
|
|
|
(a)
|
|
Handguns (revolvers and
pistols) including semi-automatic
|
Ammunition for arms of
Category III (a)
|
|
|
(b)
|
|
Breech loading Centrefire
rifles
(not semi-automatic)
|
Ammunition for arms of
Category III (b)
|
|
|
(c)
|
|
.22 bore Rimfire rifles
(including semi-automatic)
|
Ammunition for arms of
Category III (c)
|
|
|
(d)
|
|
Smooth bore breech loading
shotguns (including semi-automatic)
|
|
Ammunition for arms of
Category III (d)
|
|
|
(e)
|
|
Muzzle-loading guns
|
|
Ammunition for arms of
Category III (e)
|
|
|
(f)
|
|
Air weapons including air
rifles and air guns
|
|
|
|
|
|
(i)
|
having muzzle energy
exceeding 20 joules or 15 ft. lbs. and/or bore exceeding 0.177?or 4.5 mm
|
|
Ammunition for arms of
Category III (f) (i)
|
|
|
|
(ii)
|
[having
muzzle energy less than or equal to 20 joules or 15 ft. lbs. and/or
bore/caliber less than or equal to 0.177? or 4.5 mm]
|
|
Ammunition for arms of
Category III (f) (ii)
|
|
|
(g)
|
|
Firearm replicas-
|
|
|
|
|
|
(i)
|
of modern or contemporary
firearms
|
|
Nil
|
|
|
|
(ii)
|
of muzzle loading antique
weapons
|
|
Nil
|
|
|
(h)
|
|
Electronic disabling devices
having firing range of less than fifteen feet
|
|
Ammunition for arms of
Category III (h)
|
|
|
(i)
|
|
Paintball markers or
paintball guns having muzzle energy exceeding 90 m/s or 300 ft./s (300 fps)
|
|
Nil
|
|
|
(j)
|
|
Blank-firing firearms
|
|
Ammunition for arms of
Category III (j)
|
|
|
(k)
|
|
Accessories for any firearms
designed or adapted to diminish the noise or flash caused by the firing
thereof
|
|
Nil
|
|
IV
|
|
|
Curios and historical
weapons, other than those excluded under Section 45(c) of the Act
|
|
Curios and historical
ammunition.
|
|
V
|
|
|
Arms other than firearms:
Sharp-edged and deadly
weapons, namely : Swords (including sword-sticks), daggers, bayonets, spears
(including; lances and javelins), battle-axes, knives (including Kirpans and
Khukries) and other such weapons with blades longer than 9? or wider than 2? other
than those designed for domestic, agricultural, scientific or industrial
purposes, steel batton, ?Zipo? and other such weapons called ?life
preservers?, machinery for making arms, other than Category II, and any other
arms which the Central Government may notify under Section 4 of the Act.
|
|
Nil
|
|
Part B
|
|
Ingredients of ammunition
and other items
|
|
|
Category
|
Items
|
|
VI
|
(a)
|
Articles containing
explosives or fulminating material : fuses and friction tubes other than
blank fire cartridges
|
|
|
|
(b)
|
Ingredients as defined in
Section 2(1)(b) (vii) of the Act including-
(i) lead, sulphur, saltpeter and sodium azide;
(ii) chlorates and per chlorates;
(iii) fissionable material; and
(iv) asphyxiating, poisonous, irritant or other gases and
analogous liquid, materials or devices which are not used in any bonafide
industrial process in India
|
|
SCHEDULE II
(See Rule 5)
|
|
Licensing authorities, etc.
|
|
Item No.
|
Purpose
|
Categories of
arms/ammunition as defined in Schedule I
|
Place/Class of persons
|
Licensing Authority
|
Area for which Licence can
be granted
|
Renewing Authority
|
Form No.
|
Conditions
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
1
|
Acquisition/Possession/Import
and Transport
|
I (a), II
|
Whole of India
|
Central Government in the
Ministry of Home Affairs
|
Whole of India or any Specified
area
|
Central Govern-ment in the
Ministry of Home Affairs
|
I
|
-
|
|
2
|
Acquisition/possession and
use
|
III (b), III (c),
III (d), III (e), V, VI
|
District
|
District Magistrate
|
Through-out the district
|
District Magistrate
|
II
|
-
|
|
3
|
Acquisition/possession/carrying
and use for protection/sport/target practice/display
|
(i)
I (b)
I (c)
|
Whole of India
|
Central Government in the
Ministry of Home Affairs.
|
Whole of India or any
specified part thereof
|
District Magistrate
|
III
|
-
|
|
|
|
(ii) III [except (f)
(ii) and (g) (ii)], V, VI
|
(i) District
|
District Magistrate
|
Through-out the district or
his area of jurisdic-tion
|
District Magistrate
|
III/V
|
-
|
|
|
|
III [except (f) (ii) and (g) (ii)], V, VI
|
(ii) State
|
District Magistrate
|
Whole of the State
|
District Magistrate
|
III/V
|
-
|
|
|
|
III [except(f) (ii), and (g) (ii)], V, VI
|
(iii) Whole of India
|
State Government
|
Whole of India
|
District Magistrate
|
III/V
|
For the categories of
licensees mentioned in sub-rule (2) of Rule 19 District Magistrate is
empowered to grant licences for whole of India
|
|
|
|
(iii) I (b), I
(c)
|
In case of retainers of
exemp-tees
|
Central Government in the
Ministry of Home Affairs
|
India or any Specified part
thereof
|
State Government or any
officer specially empowered by the State Govern-ment in this behalf.
|
III-A
|
-
|
|
|
|
III [except (f) (ii) and (g) (ii)], V, VI
|
(i) District
|
District Magistrate
|
Through-out the District
|
District Magistrate
|
III-A
|
-
|
|
|
|
|
(ii) State
|
District Magistrate
|
Whole of the State
|
District Magistrate
|
III-A
|
-
|
|
|
|
|
(iii) Whole of India
|
State Government
|
Whole of India
|
District Magistrate
|
III-A
|
-
|
|
4.
|
Acquisition/possession/carrying
and use for destruction of wild animals, which do injury to human beings or
cattle and damage to crops
|
III (b), III (c),
III (d), III (e), V.
|
District
|
District Magistrate or any
officer specially empowered by the State Government in this behalf.
|
Through-out the district
|
Same as licensing Authority.
|
IV
|
-
|
|
5(a)
|
Import into, possession,
carrying and use of arms or ammunition by the International sports persons
visiting India for participation in tournament/event or series of
tournaments/events or for training
|
III [except (f) (ii) and (g) (ii)]
|
Whole of India
|
Head of the Indian High
Commission or Indian Embassy of the country to which the sports person
belongs, or the District Magistrate at the port of entry/arrival in India or
any other officer specially empowered by the Central Government
|
India or any specified part
thereof
|
No renewal
|
VI
|
The licence shall be valid
for a maximum period of six months or validity of visa whichever is earlier
and granted only for the purpose of shooting sport.
|
|
5(b)
|
Acquiring, possessing during
the course of his stay in (but not use) and carrying in, and export out of
India by a tourist
|
III [except (f) (ii) and (g) (ii)] IV, V (made in India only)
|
-
|
District Magistrate or any
officer specially empowered by the State Government
|
-
|
No renewal
|
VI
|
The licence shall be valid
for a maximum period of six months or validity of visa, whichever is earlier
and granted for weapons made in India only.
|
|
5(c)
|
Other temporary categories
of Import/Export licences
|
III
|
Whole of India
|
Head of the Indian High
Commission or Indian Embassy of the country to which the person defined in
Rule 45(1) belongs, or the District Magistrate at the port of entry/arrival
in India or any other officer specially empowered by the Central Government
|
India or any specified part
thereof
|
|
|
The licence shall be valid
for a maximum period of six months or validity of visa whichever is earlier
and granted only for the defined purpose as mentioned in Rule 45(1)
|
|
6(a)
|
Manufacture or Proof Test or
both, transfer, sale, keeping for sale, or transfer
|
All [except III (f)]
|
Through-out India
|
Central Government in the
Ministry of Home Affairs
|
Within the premises to be
specified in the licence.
|
Central Government in the
Ministry of Home Affairs
|
VII
|
For existing manufactur-ers
holding licence in Form IX, the Renewing Authority shall be the State
Government
|
|
|
|
III (f)
|
Through-out India
|
State Government
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VII-C
|
All existing manufactu-rers
of all types of air weapons to obtain manufactur-ing licences within one year
of the notification of these rules
|
|
6(b)
|
Manufacture transfer, sale,
keeping for sale, or transfer
|
V
|
State
|
District Magistrate
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VII-A
|
-
|
|
6(c)
|
Manufacture transfer, sale,
keeping for sale, or transfer replicas of firearms
|
III (g)
|
State
|
District Magistrate
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VII-B
|
All existing manufactu-rers
of replicas of firearms including of antique weapons to obtain new
manufactur-ing licences within one year of the notification of these rules
|
|
7(a)
|
Sale, transfer or test
(other than proof test), and keeping for sale, transfer or test.
|
I (b)
I (c)
|
State
|
State Government
|
Within the premises to be
specified in the licence
|
State Government
|
VIII
|
-
|
|
III, V, VI
|
State
|
State Government
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VIII
|
-
|
|
7(b)
|
Keeping for safe custody
|
For the categories of arms
and ammunition in the licence issued under Sl. No. 7(a)
|
|
|
|
|
|
|
|
I(b), I(c) III,
V, VI
|
State
|
State Government
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VIII
|
-
|
|
7(c)
|
Sale, transfer, and keeping
for sale, transfer
|
III(f) (ii)
|
State
|
District Magistrate
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
VIII-A
|
All existing dealers of air
weapons of Category III(f) (ii) to obtain air weapon dealer
licence within one year of the notification of these rules
|
|
8(a)
|
Licence to gunsmiths to
convert, shorten, repair (major) or test (other than proof test) or keeping
for conversion, repair (major) or test (other than proof test) of firearms
|
I (b), I (c),
III, VI (b)
|
State
|
State Government
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
IX
|
Other than that of Category
I(a) and II
|
|
8(b)
|
Licence to gunsmiths to
repair (minor) or test (other than proof test) or keeping for repair (minor)
or test (other than proof test) of firearms
|
I(b), I(c), III
|
State
|
District Magistrate
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
IX-A
|
Other than that of Category
I(a) and II
|
|
9(a)
|
Import of arms and
ammunition into India
|
(i) I (b) I (c)
|
(i) At any customs port in India.
|
(a) Central Government in the Ministry of Home Affairs
|
-
|
No renewal
|
I
|
-
|
|
|
|
(ii)
III
|
(ii) At any customs port in India.
|
(b) Central Government in the Ministry of Home Affairs.
|
-
|
No renewal
|
X
|
-
|
|
|
|
(iii)
Ammunition imported by the
arms dealers for the obsolete bores and not manufactured in India IV, V, VI
|
(iii) At any customs port in India.
|
(c) District Magistrate of the place at which importer is
located or in whose jurisdiction the port of import lies
|
-
|
No renewal
|
X
|
-
|
|
|
|
(iv) Sulphur
|
(iv) At ports of Kaki-nada, Tuti-corin and Cochin.
|
(c) State Government in Andhra Pradesh, Tamil Nadu or Kerala.
|
-
|
No renewal
|
X
|
In reasonable quantities for
medicinal, agricultural or industrial purpose.
|
|
9(b)
|
Export to a foreign
territory
|
(i) All
|
(i) From any customs port in India to a port in a Foreign
Territory
|
(i) Central Government in the Ministry of Home Affairs or any
officer specially empowered by the Central Government in the Ministry of Home
Affairs
|
-
|
No renewal
|
[X-A]
|
-
|
|
|
|
(ii) III(g) (i), IV, V, VI
|
(ii) From any customs port in India to a port in a foreign
territory.
|
(ii) Government of the State in which the exporter is located
|
-
|
No renewal
|
X
|
-
|
|
9(c)
|
In-transit licence and
licence for export and re-import
|
(i) All
|
(a) Between one port of India to another
|
(a) Central Government in the Ministry of Home Affairs or any
officer specially empowered for the purpose by the Central Government in the
Ministry of Home Affairs
|
-
|
No renewal
|
[X-A]
|
-
|
|
|
|
(ii) III, IV, V, VI
|
(b) From any place in Nepal
|
(b) Ambassador of India in Nepal
|
-
|
No renewal
|
X
|
-
|
|
10
|
Carrying on journey in or
through any port in India
|
All [except III(f) (ii), III (g) (ii)]
|
Throug-hout India
|
District Magistrate
|
India or Any specified part
thereof.
|
No renewal.
|
XI
|
-
|
|
11
|
Transport
|
I (b), I (c), III
[except (f) (ii) and (g) (ii)] IV,
V, VI.
|
Throug-hout India
|
District Magistrate
|
-
|
No renewal
|
XII
|
-
|
|
12
|
Transport licence for
dispatch of gun barrels/completed firearms for proof test
|
III
|
Through-out India
|
District Magistrate
|
-
|
No renewal
|
XIII
|
-
|
|
13
|
Licence to Transporter
|
I(b), I(c), III
[except (f) (ii) and (g) (ii)] IV,
V, VI
|
Through-out India
|
State Government
|
India or any specified part
thereof
|
District Magistrate
|
XIV
|
-
|
|
14
|
Import into, possession and
transport out of India by Nepal Govt's forces and Police.
|
All
|
Nepal
|
Ambassador of India in Nepal
|
-
|
No renewal
|
XV
|
Subject to the confirmation
by Central Government in the Ministry of Home Affairs
|
|
15
|
Firearm Free Zone
|
All
|
District
|
District Magistrate
|
Within the premises to be
specified in the licence.
|
District Magistrate
|
XVI
|
|
SCHEDULE III
Part I Licence Forms
Form I
Licence for-
(A)
Acquisition/Possession/Import and Transport
of firearms or ammunition of categories I (a) and II of Schedule I; and
(B)
Import of firearms and ammunition of
Categories I(b) and I(c) of Schedule I
UIN??????????????????.
|
Name, description and
residence of licensee and (agent if any)
|
Number of packages
|
Description with
specification of caliber of artillery or other articles
|
Number of articles
|
Columns to be filled in case
of Import or Transport
|
Period for which the licence
is valid
|
Use to which the articles are
to be put
|
|
|
|
|
|
Place of despatch and route
|
Place of destination
|
Name, description and
residence of consignee
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
The????of???..20??.
Date on which a copy is
sent vide rule (7) to-
The District Magistrate of ??????district
(Signature)
The????of???..20??
Secretary/Joint Secretary
to the Government of India
|
(SEAL)
|
Ministry of Home
Affairs
|
or
Signature and designation
of the officer specially
empowered to sign the
licence under Rule 5
Form of Renewal of the Licence
|
Date and year of renewal
|
Date on which renewed
licence expires
|
Signature and designation of
renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
In addition to the common
conditions contained in Rule 112 of these rules, this licence shall be subject
to the following additional conditions-
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the arms and ammunition
specified in Columns 2, 3 and 4 and for the purposes shown in Column 9.
3.
In case of import or transport-
(a)
an account of the contents of each package
shall be legibly written thereon;
(b)
bulk shall not be broken before the articles
reach the place of destination;
(c)
the articles shall be delivered only to a
person lawfully entitled to receive them.
4.
The licensee shall give prior intimation to
the licensing authority concerned of his intention to break up or dispose of
any firearms or ammunition or any part thereof; failing which proof of the
articles having been broken up or disposed of, will have to be furnished to the
satisfaction of the licensing authority.
Form II
Licence for acquisition,
possession and use of arms or ammunition of Categories III (b), III (c), III
(d), III (e), V or VI of Schedule I
UIN????????????????????
|
Name, description and
residence of licensee and agent (if any)
|
Number and description of
arms
|
Ammunition
|
Place (with description)
where articles are to be kept
|
Period for which the licence
is valid
|
|
|
|
Description
|
Quantity
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
The?????of????..20
(Signature)
|
SEAL
|
Licensing
Authority ????????
Designation..??????????..
Place
?????????????.
|
|
Form of Renewal of the
Licence
|
|
Date and year of renewal
|
Date on which renewed
licence expires
|
Signature and designation of
renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Conditions
In addition to the common
conditions contained in Rule 112 and specific safety conditions related to
ingredients of ammunition contained in Rule 113 of these rules, this licence
shall be subject to the following additional conditions-
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the arms or ammunition
specified in Columns 2, 3 and 4, so long as they are kept in the place
described in Column 5, but does not authorise the licensee-
(i)
to carry arms;
(ii)
to keep Government arms or ammunition.
3.
Where a licence in this form is granted for
the possession of Potassium Chlorate by an educational institution, the
following further conditions shall apply:
(a)
The quantity of chlorate stored should be the
minimum required for laboratory purposes as certified by the Head of the
Institution to the licensing authority;
(b)
The stock of chlorate possessed should be
kept in a well-made cupboard or almirah under lock and key under the control
and supervision of a responsible member of the staff and the place where the
chemicals are kept should be adequately secured.;
(c)
Accounts of issues and balances of chlorate
possessed should be kept and checked with the actual stock at frequent
intervals by a responsible member of the staff. The account book should be
available for inspection on demand by any Magistrate or any Police Officer of a
rank not below that of Inspector.
Form III
Licence for the acquisition,
possession, carrying and use of arms or ammunition for sport/target
practice/protection/display of categories 1(b), 1(c), III, V, VI of
Schedule I
|
UIN
|
Serial No. of licence
|
Name, date of birth and
residence of licensee
|
Arms and ammunition that the
licensee is entitled to possess
|
|
|
|
|
Brief description of each
weapon with details e.g. identification marks, manufacturer's serial number,
etc.
|
Quantity and description of
each kind of ammunition
|
|
|
|
|
|
to be possessed at any one
time
|
purchasable during the year
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
|
Area within which the
licence is valid
|
Date on which the licence
expires
|
Date on which the licence or
the arms or both shall be produced for inspection before licensing authority
under Rule 18
|
|
7
|
8
|
9
|
|
|
|
|
|
The ???.. of
??.. 2000
SEAL
|
Name (in
capital)/Signature of the Licensing Authority
Designation
??????
Place ??????????
Or
Signature of the
officer specially empowered to sign the
licence under
Rule 5
Designation
???????
Place
?????????..
|
|
Retainer Particulars (in
case of companies)
|
|
1.
|
Name of the retainer
|
|
|
2.
|
Father's name
|
|
|
3.
|
Date of birth
|
|
|
4.
|
Permanent address and
nearest police station
|
|
|
Note.-Photograph
of the retainer to be affixed on the licence duly stamped and signed by the
licensing authority
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Name (in capital)/signature
and designation of the renewing authority
|
Signature and designation of
the officer specially empowered to sign the licence under Rule 5
|
SEAL
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Conditions
In addition to the common
conditions contained in Rule 112 of these rules, this licence shall be subject
to the following additional conditions-
(1)
This licence is granted subject to all the
provisions of the Arms Act, 1959, and of the Arms Rules, 2016.
(2)
It covers only the person named, and the arms
or ammunition described therein.
(3)
The licensee shall acquire and produce the
arms together with the licence, within the time limit granted or extended as
specified in Column 9, before the licensing authority. If within the period so
specified or extended the licensee fails to acquire the arms and to produce the
licence or the arms or both, as the case may be, the licence shall cease to be
in force.
(4)
The licensee, at the time of purchasing any
arms or ammunition shall cause the following particulars to be endorsed upon
his licence under the vendor's signature, namely-
(a)
the name, description and residence of the
person who takes delivery of the articles purchased;
(b)
the nature and quantity of the articles
purchased; and
(c)
the date of purchase, and if the arms or
ammunition are purchased from any person other than a licensed dealer, shall
also cause the particulars specified in clauses (b) and (c) to be
furnished in writing to the authority who granted this licence within such
period as may be prescribed for this purpose by such authority.
(5)
(5) The licensee shall not purchase
ammunition of any kind in excess of the maximum prescribed both for the amount
purchasable in a year and for the amount that may be possessed at any one time
as laid down in Rule 23. If, however, a licensee exhausts the total quantity of
ammunition purchasable in a year earlier than the close of the year, he may for
good and sufficient reasons be given a temporary increase in the total quantity
purchasable at the discretion of the licensing authority:
Provided that a licensee
may be permitted, to purchase ammunition from any authorised arms and
ammunition dealer of a neighbouring State, by the concerned licensing authority
for any reasons deemed appropriate by it and endorsement to this effect shall
be made on the licence by such licensing authority.
(6)
Without prejudice to the voidance of this
licence for breach of any of the foregoing conditions, it shall be void if-
(a)
the licensee dies, or
(b)
any weapon-covered thereby-
(i)
is sold or transferred; or
(ii)
is attached in execution of a decree;
Provided that where a
weapon is sold or transferred, the licensing authority may permit the holder of
the licence to acquire a fresh weapon of the same description within such
period as may be specified by him in this behalf and subject to fulfillment of
condition (3) mentioned above.
(7)
The licensee shall not carry any firearm to a
firearm free zone licensed under these rules. Further, the licensee shall not
carry a firearm in a public place unless the firearm is carried-
(a)
in the case of a handgun-
(i)
in a holster or similar holder designed,
manufactured or adapted for the carrying of a handgun and attached to his
person; or
(ii)
in a rucksack or similar holder; or
(b)
in the case of another firearm, in a holder
designed, manufactured or adapted for the carrying of a firearm.
Further the firearm must be
completely covered and the person carrying the firearm must be able to exercise
effective control over such firearm.
(8)
The licensee shall not resort to brandishing
of firearms in public place nor shall he carry or discharge a firearm in a
built up area or any public place on the occasion of marriage, public assembly,
fair or procession or any public event.
(9)
The licensee shall not point out any firearm,
whether or not it is loaded or capable of being discharged, at any other
person, without a good reason to do so.
(10) The licensee shall ensure to keep his firearm in his
possession at a secured place under lock and key when such firearm is not
carried on his person or not under his direct control, however, he shall not
deposit any firearm or ammunition in any bank locker.
(11) The licensee shall in the event of any loss, theft or
destruction of the arms licence or firearm shall report about such an event to
the nearest police station within 24 hours after having become aware of the
loss, theft or destruction of the licence or firearm.
(12) The licensee shall submit the application for renewal of
licence minimum sixty days prior to expiry of the validity period of his
licence with the concerned licensing authority along with the payment of fees
as applicable under Schedule IV.
(13) Permission to possess Government arms or ammunition may
be given by the licensing authority if empowered to do so by the Central
Government by making an endorsement on the licence showing the Government arms
or ammunition, which the licensee is authorised to possess.
Conditions for additional licences under Rule 20
(14) Additional licensee at the time of making an application
for grant of an additional licence shall not hold any individual licence in his
name. Further the additional licensee is not eligible to apply for an
individual licence during the period he is an additional licensee.
(15) The additional licensee is prohibited to acquire or
purchase, sell or transfer, any arms and ammunition on his additional licence.
Only the arms and ammunition endorsed on the parent licence may be got endorsed
on the additional licence.
(16) The period of validity and the area validity of the
additional licence shall rank pari-passu with that of the parent licence. The
validity of additional licence shall lapse with the parent licence and if in
any eventuality the parent licence is suspended, revoked or cancelled, the
additional licence shall also be subject to the same consequence.
(17) In case the holder of additional licence shifts
temporarily or permanently from the premises of the parent licensee, the
additional licence shall automatically lapse and such additional licence shall
have to be immediately surrendered to the licensing authority.
Form III-A
Licence for possession and
carrying by a retainer of an Exemptee of arms or ammunition for the purpose of
sport/protection/display
|
UIN
|
Serial No. of licence
|
Name, descrip-tion and
residence of the person exempted under Section 41 of the Act, who has
nominated the licensee
|
Name and residence of the
licensee
|
Name and residence of parent
of the licensee
|
Arms or ammunition that
licensee is entitled to possess and carry
|
Area of validity of licence,
i.e. throughout India, State or District
|
Date on which licence
expires, or the date on which the person specified in Column 3 ceases to be exempted
under Section 41 of the Act, (whichever is earlier)
|
|
|
|
|
|
|
Brief description of each
weapon with details, e.g. identifica-tion marks, manufac-turer's serial No.,
etc.
|
Quantity and description of
each kind of ammunition
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
|
The ????? of
???..200
SEAL
|
Name (in
capital)/Signature of the Licensing Authority
Designation
????????..
Place
????????????.
Or
Signature of the
officer specially empowered
to sign the
licence under Rule 5
Designation
??????????
Place ?????????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which renewed
licence expired
|
Name (in capital)/signature
and designation of renewing authority
|
Signature and designation of
the officer specially empowered to sign the licence under Rule 5
|
Seal
|
|
1
|
2
|
3
|
4
|
5
|
Conditions
In addition to the common
conditions contained in Rule 112 of these rules, this licence shall be subject
to the following additional conditions-
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959, and of the Arms Rules, 2016.
2.
It covers only the person named in Column 4
of this licence and the arms or ammunition described in Columns 6 and 7.
3.
This licence shall only be granted to a
person nominated in that behalf and certified to be his own retainer by a
person exempted under Section 41 of the Act, and it shall only be granted in
respect of the arms or ammunition specified in this behalf by, and being the
property of, such exempted person.
4.
The grant/renewal of this licence is subject
to the condition that it shall expire on the date on which the person specified
in Column 3 of this licence ceases to be exempted under Section 41 of the Act
where such date is earlier than the date on which it would otherwise expire in
the normal course.
5.
The licensee shall not carry any arms covered
by this licence otherwise than in good faith for the purpose of
sport/protection/display.
|
|
|
|
|
Passport size photograph of
the retainer to be attested by the company
|
Form III-B
Permit to Retainers of
Companies
|
Licensee Particulars
|
|
1.
|
Name of the company
|
|
|
2.
|
Address as appearing on the
licence
|
|
|
3.
|
Licence Number and UIN
|
|
|
4.
|
Period of validity of the
licence
|
DD/MM/YYYY
|
|
5.
|
Area validity of the Licence
|
|
|
6.
|
Name of the responsible
person with designation
|
|
|
The person whose particulars
are detailed below is hereby appointed to be an armed retainer of the company
entitling him to possess, carry and use, for all lawful orders issued by me,
as a responsible person of the company, the arms or ammunition mentioned in
Columns 10 and 11, covered by the licence of the company as mentioned in
Column 3.
|
|
Retainer Particulars
|
|
7.
|
Name of the retainer
|
|
|
8.
|
Father's Name
|
|
|
9.
|
Address of the retainer and
nearest police station
|
|
|
10.
|
Details of the weapon
entrusted to the retainer
|
|
|
|
Type
|
|
|
|
Caliber/Bore
|
|
|
|
Weapon Number
|
|
|
11.
|
Quantity of Ammunition
entrusted to the retainer
|
|
|
12.
|
Validity of the Permit up to
|
DD/MM/YYYY
|
|
13.
|
Signatures of the retainer
|
|
|
The retainer mentioned in
Column 7 shall carry this permit with him when carrying the arms or
ammunition and shall not carry the arms or ammunition to an area not covered
by the licence
|
|
|
|
|
|
|
Stamp and Seal of the
Licensing Authority
|
????????????????.
Signature with
stamp of the responsible person
signing on
behalf of the company
|
Form IV
Composite licence for
acquisition/possession/carrying and use of arms or ammunition for destruction
of wild animals which do injury to human beings or cattle and damage to crops
|
UIN
|
Licence Number
|
Name, description and residence
of the licensee
|
Arms and ammunition
|
Place or area within which
the licence is valid
|
Period for which the licence
is valid
|
Date on which the licence or
the arms or both shall be produced for inspection before the licensing
authority under Rule 18
|
|
Brief description of each
weapon with details e.g., manufac-turer's serial no. and identifica-tion
marks, if any
|
Quantity and description of
each kind of ammunition
|
|
Maximum to be possessed at
any one time
|
Maximum purchasable during
the year
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
|
In case of destruction of
wild animals which do injury to human beings or cattle
|
In case of protection
against damage to crops
|
|
Specification of the wild
beasts which are permitted to be destroyed under this licence as per the
permit granted under the Wild life (Protection) Act, 1972 (53 of 1972) to the
licensee
|
Title and residence of
Magistrate to whom the licence and the weapon(s) must be shown between the
15th November and 31st December of each year
|
|
10
|
11
|
|
|
|
|
The ?.. of ?..
20?.
Place
|
SEAL
|
(Signature)
Licensing
Authority
Designation
|
|
Form of renewal of licence
|
|
Date and year of renewal
|
Date on which renewed
licence expired
|
Signature and designation of
renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
In addition to the common
conditions contained in Rule 112 of these rules, this licence shall be subject
to the following additional conditions-
1.
This licence is granted subject to-
(a)
all the provisions of the Arms Act, 1959, and
of the Arms Rules, 2016;
(b)
the provisions of Sections 11 and 39 of the
Wild Life (Protection) Act, 1972 (53 of 1972), or other relevant Sections, as
the case may be, in respect of the State and Union Territory where the said Act
is applicable.
2.
The licensee shall not carry any arms covered
by this licence otherwise than in good faith for destruction of wild animals
which do injury to human beings or cattle and damage to crops beyond the place
or area entered in Column 7.
3.
The licensee shall not purchase or possess
ammunition of any kind in excess of the maximum allowed under Columns 5 and 6
of the licence subject to the maximum limits laid down in Rule 23.
4.
At the time of purchasing any arms or
ammunition the licensee shall cause the following particulars to be endorsed
upon his licence under the vendor's signature namely:
(a)
the name, description and residence of the
person who takes delivery of the articles purchased;
(b)
the nature and quantity of the articles
purchased; and
(c)
the date of purchase;
and if
the arms are purchased from any person other than a licensed dealer, he shall
also cause the particulars specified in clauses (b) and (c) to be
furnished, in writing, to the authority who granted this licence within such
period as may be prescribed for this purpose by such authority.
5.
The licensee shall acquire and produce the
arms together with the licence, within the time limit granted or extended as
specified in Column 9, before the licensing authority. If within the period so
specified or extended the licensee fails to acquire the arms and to produce the
licence or the arms or both, as the case may be, the licence shall cease to be
in force.
6.
For licence granted for destruction of wild
animals which do injury to human beings or cattle and damage to crops, the
licensee shall produce this licence and every weapon covered thereby before the
Magistrate referred to in Column 11, once every year, between the 15th November
and the 31st December.
7.
Further,
(a)
The licensee shall not lend any arms or
ammunition covered by this licence to any person;
(b)
Where, after the end of any harvest season,
the State Government considers it expedient that for the protection of wild
life in any area, any firearm or ammunition licensed in this form should be
deposited in a police station or with a licensed dealer, it may, by order,
require any licensee to so deposit such firearm or ammunition for such period
as the arms are not required for protection of crops and as may be specified
therein, and thereupon the licensee shall be bound to comply with such order.
8.
Without prejudice to the voidance of this
licence for breach of any of the foregoing conditions, it shall be void if-
(a)
the licensee dies; or
(b)
any weapon covered thereby-
(i)
is sold or transferred, or
(ii)
is attached in execution of a decree:
Provided that where a
weapon is sold or transferred, the licensing authority may permit the holder of
the licence to acquire a fresh weapon of the same description within such
period as may be specified by him in this behalf.
Form V
Licence for acquisition,
possession and use, for the purpose of sport/target practice, of firearms or
ammunition
|
UIN
|
Serial Number of the licence
|
Name description and
location of the mess, club or association or firing range
|
Arms and ammunition that the
licensee is entitled to possess
|
Place within which the
licence is valid
|
Date on which the licence
expires
|
Date on which the licence or
the arms or both shall be produced for inspection before the licensing
authority under Rule 18
|
|
|
|
|
Maximum to be possessed at
any one time
|
Maximum purchasable during
the year
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
|
The ??????..of
???..200
SEAL
|
Name (in
capital)/signature of the Licensing Authority
Designation
????????,
Place
???????????
Or
Signature of the
officer specially empowered to sign the
licence under
Rule 5
Designation
????????
Place
..??????????
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which renewed
licence expired
|
Name (in capital)/signature
and designation of renewing authority
|
Signature and designation of
the officer specially empowered to sign the licence under Rule 5
|
SEAL
|
|
1
|
2
|
3
|
4
|
5
|
Conditions
In addition to the common
conditions contained in Rule 112 of these rules, this licence shall be subject
to the following additional conditions-
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the mess, club, association or
firing range named and the arms and ammunition described therein.
3.
The licensee shall acquire and produce the
arms together with the licence, within the time limit granted or extended as
specified in Column 8, before the licensing authority. If within the period so
specified or extended the licensee fails to acquire the arms and to produce the
licence or the arms or both, as the case may be, the licence shall cease to be
in force.
4.
The licensee shall, at the time of purchasing
any arms or ammunition, cause the following particulars to be endorsed upon its
licence under the vendor's signature, namely:
(a)
the name, description and residence of the
person who takes delivery of the articles purchased on behalf of the mess, club
or association;
(b)
the nature and quantity of the articles
purchased; and
(c)
the date of purchase;
and if
the arms or ammunition are purchased from any person other than a licensed
dealer, shall also cause the particulars specified in clauses (b) and (c) to be furnished in writing to the authority who granted this
licence within such period as may be prescribed by that authority for this
purpose.
5.
No purchase of ammunition shall, however, be
permitted except on a written certificate from the licensee certifying that
with the amount proposed to be purchased, the total quantity of ammunition in
his possession will not exceed the maximum which he is entitled to possess at any
one time, or his total allowance for the year.
6.
The mess, club, association or firing range
shall not purchase or possess ammunition in excess of the quantities allowed
under Columns 4 and 5 of the licence or the maximum, which may, from time to
time, be fixed by the Central Government for the amount purchasable in a year
and for the amount that may be possessed at any one time. Proper inventory of
ammunition acquired and consumed shall be maintained to include ammunition
consumed for its own use and consumed by the registered members of such mess,
club, association or firing range.
Form V-A
|
|
Authorisation Letter
[to be issued by the lender
under Rule 36(4)]
|
|
|
Particulars of the Lender
|
|
1.
|
Name of the lender dedicated
sports person
|
|
|
2.
|
UIN
|
|
|
3.
|
Licence number
|
|
|
4.
|
Period of validity of
licence
|
|
|
5.
|
Address as mentioned in the
licence
|
|
|
6.
|
Telephone/Mobile Number
|
|
|
Particulars of the Borrower
|
|
1.
|
Name of the borrower
dedicated sports person
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Membership Number
(in case borrower is a
registered member of rifle club or association)
|
|
|
4.
|
Residence address
|
|
|
5.
|
Telephone/Mobile Number
|
|
|
6.
|
Purpose of grant of
Authorisation (Training/Target-practice/Sporting event)
|
|
|
7.
|
Period for which the
Authorisation is being issued (maximum period : 3 months)
|
|
|
8.
|
Area within which the
Authorisation is valid
|
|
|
9.
|
Name and address of the
shooting range where the firearms and ammunition are to be carried
|
|
|
Details of Arms and
Ammunition which the Borrower is entitled to carry and use for
training/target practice
|
|
Particulars
|
Firearm 1
|
Firearm 2
|
Firearm 3
|
|
Detail of Firearms
|
|
|
|
|
Type
|
|
|
|
|
Bore
|
|
|
|
|
Number
|
|
|
|
|
Ammunition
|
|
|
|
|
Number of cartridges
|
|
|
|
|
Accessories
|
|
|
|
(Name and Signature of the
lender)
Form V-B
|
|
Pass to Member of Rifle
Club/Association
(to be issued on the printed
letter head of club/association)
|
|
|
Licensee particulars
|
|
1.
|
Name of the rifle
club/association
|
|
|
2.
|
UIN
|
|
|
3.
|
Licence number
|
|
|
4.
|
Name of the responsible
person
|
|
|
5.
|
Registered address
|
|
|
6.
|
Telephone/Mobile Number
|
|
|
Particulars of the Member to
whom the Pass is being issued
|
|
1.
|
Name of the Member
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Membership Number
|
|
|
4.
|
Residence address
|
|
|
5.
|
Telephone/Mobile Number
|
|
|
6.
|
Purpose of grant of Pass
(Repair/Training/Target
Practice/Sporting Event)
|
|
|
7.
|
Period for which the Pass is
being issued
|
|
|
8.
|
Area within which the Pass
is valid
|
|
|
9.
|
Name and address of the
gunsmith or the shooting range where the firearms and ammunition are to be
carried
|
|
|
Details of Arms and
Ammunition which the Pass holder is entitled to carry for
repair/training/target practice
|
|
Particulars
|
Firearm 1
|
Firearm 2
|
Firearm 3
|
|
Detail of Firearms
|
|
|
|
|
Type
|
|
|
|
|
Bore
|
|
|
|
|
Number
|
|
|
|
|
Ammunition
|
|
|
|
|
Number of cartridges
|
|
|
|
|
Accessories
|
|
|
|
To be signed/stamped by the
responsible person on behalf of the shooting club/association
Form VI
Temporary Import/Export
Licence
Licence Number???????????..
|
Category
of licensee as applicable
|
Name and description of
licensee, nationality and passport number of the licensee or group leader or
manager of the sporting team/group
|
Arms or ammunition that the
licensee of category mentioned in column (1) is entitled to possess and carry
|
Place of arrival in India
|
Place of departure from
India
|
Period for which the licence
is valid
|
|
Brief description of each
weapon
|
Quantity and description of
each kind of ammunition
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
The?.of?.20??
|
(SEAL)
|
(Signature)
Licensing
Authority
Designation ???
Place ??????
|
|
Category
|
Type of licence
|
Category of arms specified
in Schedule I
|
|
(a)
|
that sports person (s)
is/are entitled to import into, possession, use (for shooting sport events),
journey in, transport across and export out of India for the duration of the
shooting sport event or till the validity of visa, whichever is earlier
|
III
|
|
(b)
|
that tourist is entitled to
acquire/possess (but not use) during the course of his stay in/carrying
in/export out of India
|
III, IV, V (Made in India)
|
|
(c)
|
that a foreign visitor is
entitled to import into, possession, display at a trade or sport show and
export out of India
|
III
|
|
(d)
|
that an official of a
foreign government or a distinguished foreign visitor or a foreign law
enforcement officer with the prior approval of MEA is entitled to import
into, possess, carry and export out of India
|
III
|
|
(e)
|
that a legitimate person
with the prior approval of Central Government is entitled to import into,
possess, carry and export out of India
|
III
|
Conditions
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the persons named, and the
arms or ammunition described therein.
3.
On arrival at any Indian port, the licence
together with the passport/visa, shall be presented to the licensing authority
of the port of arrival, along with an undertaking from the licensee that the
arms or ammunition endorsed on the licence shall not be sold or transferred to
any person during his stay in India, wherein an entry to this effect shall also
be made by the licensing authority in the passport/visa giving full particulars
of the arms and ammunition for which the licence has been granted.
4.
The licensee shall not, unless specially
empowered in this behalf by the authority granting the licence, carry arms or
ammunition to a fair, religious procession or other public assemblage or within
the campus or precincts of any educational institution or any firearm free zone
while and during his stay in India.
5.
The licensee shall-
(a)
on demand by any Magistrate, police officer
or any authorised officer produce the firearms covered by this licence;
(b)
forthwith give information at the nearest
police station of the loss or theft of any arms or ammunition covered by the
licence.
The licensee, while in
India, is prohibited to sell or transfer any arms or ammunition or part thereof
covered by this licence, to any person.
6.
The licensee shall produce the firearm 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.
7.
Export of Category IV arms shall be allowed
only if the application is accompanied by a certificate from the
Director-General of Archaeology of the Central Government to the effect that
the arms intended to be exported do not fall within the definition of
?antiquity? under the Antiquities and Art Treasures Act, 1972 (52 of 1972).
Form VII
Licence for
Manufacture Proof Test Manufacture and Proof Test of Firearms/Ammunition
UIN ?????????. Licence
Number ?????????.
|
Name, description and
business address of licensee
|
Description of firearms
allowed to be manufactured
|
Description of ammunition
allowed to be manufactured
|
Categories of firearms
allowed to be proof tested
|
Name of range or other place
where allowed to test
|
Date on which the licence
expires
|
|
|
Category
|
Annual production (Number)
|
Category
|
Annual production (Number or
Weight in Kgs)
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
The????of???..20??.
Date on which a copy is
sent vide Rule 7(2) to-
The District Magistrate of
??????district
The State Government of
.?????????.
The????of???..20??
|
(SEAL)
|
(Signature)
Secretary/Joint
Secretary
to the
Government of India
Ministry of Home
Affairs
or
Signature and
designation of the officer specially
empowered to
sign the licence under Rule 5
|
|
Form of renewal of licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
[Explanation.-
This Form shall apply to firearms and their following parts, namely:-
(a)
Barrel;
(b)
Cylinder;
(c)
Bolt;
(d)
Breech Block;
(e)
Slide;
(f)
Firing Pin;
(g)
Frame or Receiver;
(h)
Extractor;
(i)
Hammer/Striker.]
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence entitles the licensee
to manufacture or proof test firearms or ammunition as specified in Columns 3
and 5 respectively.
2.
The licensee shall be required to construct
the factory premises, set-up plant and machinery within 7 years of the grant of
licence.
3.
The licensee is permitted to conduct trial
runs and develop proto types within the initial validity period of licence.
4.
The licensee should preferably be
self-sufficient in areas of product design and development and should have
maintenance and life cycle support facility of the product to be manufactured
or proof tested.
5.
The standards and testing procedures for
firearms and ammunition to be produced under licence from foreign collaborators
or from indigenous research and development shall be provided by the licensee
to the Government nominated Quality Assurance Agency, which will inspect the
finished product in the trial run and conduct surveillance and audit of the
Quality Assurance Procedures before the licensee applies for permission for
commencement of commercial production.
6.
The licensee setting up a new manufacturing
or proof test facility shall fully comply with the security conditions
contained in the Security Manual prepared by the Department of Defence
Production, Ministry of Defence before filing intimation for commencement of
commercial production for manufacture of firearms and ammunition.
(a)
This licence entitles the licensee to take
any arms or ammunition for testing to an accredited shooting range with prior
permission of the licensing authority.
(b)
This licence is valid only so long as the
licensee carries on the manufacture and/or proof test in the premises shown in
Column 1 thereof, and will ipso facto lapse if the business is discontinued for
a continuous period exceeding six months.
(c)
The licensee shall not enter into any
partnership connected with this licence without the approval of the licensing
authority.
7.
The licensee shall maintain registers of all
arms manufactured or proof tested, of all ammunition manufactured, or
transferred, of all stock in hand, and of all sales, showing the particulars in
such forms as prescribed in the rules. Further, the licensee shall carry on the
work of proof testing and stamp proof marks on the firearms, which are proved,
in accordance with Rule 59 of these rules.
8.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
9.
The licensee shall affix on a conspicuous
part of his place of business and factory a signboard on which shall be painted
in large letters in English/Hindi and in the language of the district his name
and the words ?Licensed to manufacture and/or proof test Firearms and
Ammunition?.
10.
The licensee shall not manufacture firearms
and ammunition of any category or description other than those allowed to be
manufactured under Columns 2 and 4; nor expand his business, except with the
prior permission of the Central Government and subject to such conditions as
may be prescribed by the Central Government.
11.
The licensee shall not sell to anyone any
firearm manufactured by him unless such firearm-
(a)
is duly proof tested at a Government
establishment or a proof house licensed under these rules or in case of a
composite licence proof tested in house;
(b)
bears proof mark; and
(c)
bears identification marks required by Rule
58.
12.
The licensee shall not sell firearms or
ammunition elsewhere than at the place of business or factory specified in
Column 1.
13.
The licensee shall at the time of sale or
transfer of a firearm enter in his register the manufacturer's serial number
and other identification marks, if any, stamped on the firearm at the time of
manufacture or otherwise.
14.
The licensee shall give information of all
sales or transfers of arms and ammunition, to such persons and in such manner
as the Central Government may direct.
15.
The licensee shall not sell or transfer any
quantity of ammunition to any person licensed to possess or carry arms or
ammunition without his first obtaining a written certificate from such person
to the effect that, with the quantity of ammunition proposed to be purchased by
him, the total quantity in his possession will not exceed the maximum quantity
which he is entitled to possess at any one time or his total allowance for the
year:
Provided that he shall not,
in any case, sell or transfer to any person any quantity of ammunition in excess
of the maximum which may be fixed by the Central Government for such person or
which is endorsed on such person's licence.
16.
The licensee shall, at the time of sale or
transfer of any arms or ammunition to a person holding a licence in Form III,
Form IV or Form V endorse on the licence-
(a)
the name, description and residence of the
person who takes delivery of the articles sold or transferred;
(b)
the nature and quantity of the articles sold
or transferred; and
(c)
the date of sale or transfer; and shall sign the
endorsement (and affix his seal).
17.
The licensee shall not sell firearms and
ammunition to an officer, non-commissioned officer or soldier of the armed
forces of the Union, unless such person produces a written pass or permit
signed by his Commanding Officer, and then only to the extent and on the
conditions specified in such pass or permit.
Conditions related to Inventory Management System as per
Rule 56(5)
1.1 Separation of powers
Checks and balances should
be put in place to ensure that personnel involved in the management of
manufacturing of arms and ammunition facility do not simultaneously hold
responsibilities that would make it easier for them to steal or otherwise
divert firearms while hiding their malfeasance from view.
For example,-
(a)
the same personnel should not be responsible
simultaneously for conducting storekeeping, accounting and auditing functions;
(b)
personnel responsible for physically
verifying the transfer of firearms should not be responsible for compiling the
physical records of the firearm transfers;
(c)
Personnel responsible for firearms accounting
should not participate in stock checks without the direct supervision of
storage personnel;
(d)
Regular external audits of firearms stocks
should be carried out by independent bodies.
1.2 Firearms Account
An account shall be
maintained at each manufacturing facility that records the following
information for each firearm in storage:
(a)
make;
(b)
model;
(c)
caliber;
(d)
serial number;
(e)
date entered into finished stock;
(f)
date transferred/sold/exported;
(g)
record of modifications and/or repairs; and
(h)
overall quantity of firearms, disaggregated
by type.
The firearms account should
be in electronic form and shall be ?backed up?. Backups should be in both
electronic and hard copy, but may be only in hard copy. In addition uploading
of data on NDAL for the current week transactions is mandatory by the close of
business hours on every Saturday. Whatever form the backups take, they shall be
stored separately from the original and from each other in order to prevent the
loss of all data in the event of theft, fire, etc. at the weapons accounting
office. Firearms accounts should be kept indefinitely.
1.3 Issue of firearms
Only authorised officials
shall remove firearms and ammunition from manufacturing unit's storage areas. A
system to positively identify and authenticate persons authorised to remove
firearms from storage areas shall be developed and implemented.
Such a system should
include a register or log, which can be easily cross-referenced with the
firearms account that records at least the following information:
(a)
name and signature of individual removing
firearm(s);
(b)
date and time of issue and return of
firearm(s);
(c)
make, model and serial number of firearm(s)
removed and returned; and
(d)
purpose of removal of firearm(s).
1.4 Stock checks
The contents of firearms
stock shall be verified on a regular basis against the firearm account,
specifically,-
(a)
a physical stock check by quantity and type
of firearms should be conducted-
-
every day in the case of smaller volume manufacturing unit;
-
every week in the case of larger volume manufacturing unit.
(b)
a physical stock check by serial number
should be conducted on at least 10% of the firearms in stock-
-
every week in the case of smaller volume manufacturing unit, and
-
every month in the case of larger volume manufacturing unit.
(c)
a 100% physical stock check by quantity, type
and serial number should be conducted-
-
every six months, regardless of the quantity of firearms in storage, and
-
whenever the custody of keys is permanently transferred between an in-coming
and outgoing key custodian.
1.5 Reporting of losses and
investigations
Any suspected loss or theft
of a firearm shall immediately be reported to the appropriate authority, which
should immediately instigate an independent investigation by an individual or
organisation unconnected with the firearms management system.
An investigation report
should be compiled, including the following information:
(a)
identity of the firearm, including its
(1)
make,
(2)
model,
(3)
caliber,
(4)
serial number
(b)
date, location and unit involved;
(c)
summary of circumstances of loss;
(d)
explanation of loss (e.g. negligence, theft,
etc.);
(e)
disciplinary and/or criminal action taken;
(f)
recommendations to prevent a reoccurrence;
(g)
date and location of recovery of the
firearm(s) (if applicable);
(h)
summary of circumstances of recovery (if
applicable).
The identity of lost or
stolen firearms, as set out in (a)
above, shall be recorded and retained in NDAL system in order to facilitate
their timely identification upon recovery.
When processing inventory
adjustments, no firearm loss shall be attributed to an accounting or inventory
discrepancy unless an investigation has determined that the loss was not a
result of theft.
1.6 Determination of
surplus stocks
It is the prerogative of
the manufacturing units to review the types and numbers of firearms with a view
to determining the types and numbers of firearms that have become surplus to
national/international requirements.
Surplus stocks are
understood as functioning firearms (including their parts, components and
ammunition) that are no longer required by the armed services of the State in
order to ensure internal and external security nor could be exported to
legitimate buyers. Firearms determined to be surplus should be-
(a)
officially declared as surplus;
(b)
recorded as surplus in the firearms account;
(c)
taken out of service;
(d)
stored separately; and
(e)
destroyed in accordance with the guidelines.
Form VII-A
Licence to manufacture, sale,
transfer, keeping for sale, transfer arms and ammunition of Category V of
Schedule I
|
UIN
|
Licence number
|
Name, description and
business address of licensee
|
Description of arms allowed
to be manufactured (Category V only)
|
Date on which the licence
expires
|
|
Category of arms
|
Annual production (Number)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority???. or
Specially
empowered officer to sign the licence under Rule 5
Designation????????.
Place???????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence is valid only so long
as the licensee carries on the trade or business in the premises shown in
column (3) thereof, and will ipso facto lapse if the business is discontinued
for a continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall not sell or transfer any
arms of Category V to a person residing in an area to which Section 4 of the
Act applies, unless the said person produces a licence, or is exempted from the
obligation to take out a licence, to acquire, possess or carry such arms in
that area.
3.
The licensee shall maintain registers of all
arms and ammunition manufactured, or transferred, of all stock in hand, and of
all sales, showing the particulars in such forms as may be prescribed for the
purpose by the Central Government under Rule 86.
4.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
5.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to manufacture/transfer/sell arms or
ammunition of Category V?.
6.
The licensee shall not manufacture arms of
any category or description other than those allowed to be manufactured under
column (4).
Form VII-B
Licence to manufacture, sale,
transfer, keeping for sale, transfer replicas of firearms
|
UIN
|
Licence number
|
Name, description and
business address of licensee
|
Description of replicas of
firearms allowed to be manufactured
|
Date on which the licence
expires
|
|
Category of arms
|
Annual production (Number)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority???. or
Specially
empowered officer to sign the licence under rule (5)
????????????????
Designation????????.
Place???????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence is valid only so long
as the licensee carries on the trade or business in the premises shown in
column (3) thereof, and will ipso facto lapse if the business is discontinued
for a continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall maintain registers of all
arms and ammunition manufactured, or transferred, of all stock in hand, and of
all sales, showing the particulars in such forms as prescribed under Rule 70.
3.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to manufacture/transfer/sell replicas of
firearms?.
5.
The licensee shall not manufacture replicas
of arms of any category or description other than those allowed to be
manufactured under column (4).
Form VII-C
Licence to manufacture, sale, transfer, keeping for sale,
transfer air weapons including air rifles and air pistols
|
UIN
|
Licence number
|
Name, description and
business address of licensee
|
Description of air weapons
allowed to be manufactured
|
Date on which the licence
expires
|
|
Types of air weapons with
muzzle energy and calibers
|
Annual production (Number)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority???. or
Specially
empowered officer to sign the licence under rule (5)
????????????????.
Designation????????.
Place???????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence is valid only so long
as the licensee carries on the trade or business in the premises shown in
column (3) thereof, and will ipso facto lapse if the business is discontinued
for a continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall not sell or transfer any
air weapons including air rifles and air guns having muzzle energy more than 20
joules or 15 ft-lbs and/or bore more than 0.177? or 4.5 mm to a person, unless
the said person produces a licence, or is exempted from the obligation to take
out a licence, to acquire, possess or carry such air weapons.
3.
The licensee shall not sell or transfer any
air weapons including air rifles and air guns having muzzle energy less than 20
joules or 15 ft-lbs and/or bore less than 0.177? or 4.5 mm to a person, without
first obtaining an identification proof and residence proof from the said buyer
thereof.
4.
The licensee shall maintain registers of all
air weapons manufactured, or transferred, of all stock in hand, and of all
sales, showing the particulars in such forms as specified in Rule 65.
5.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
6.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to manufacture/transfer/sell air weapons?.
7.
The licensee shall not manufacture air
weapons of any type or description other than those allowed to be manufactured
under column (4).
Form VIII
Composite licence for arms and
ammunition dealers
Dealer Licence Deposit of Arms
is
Serial No. of licence
?????????.. UIN ?????????..
Date and year on which the
licence expires ?????./?????../?????.
|
Name, description and
business address of the licensee
|
Description and number of
arms
|
Description and quantity of
ammunition
|
Name of the accredited
shooting range where allowed to test
|
|
|
To be sold or kept for sale,
etc.
|
To be deposited for safe
custody under Rule 48 or under Section 21
|
To be sold or kept for sale,
etc.
|
To be deposited for safe
custody under Rule 48 or under Section 21
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority???. or
Specially
empowered officer to sign the licence under rule (5)
Designation????????.
Place???????????..
|
|
Form for Renewal of the
Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature, designation of
the renewing authority or specially empowered officer
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016;
(b) This licence entitles the dealer
to take any arms or ammunition for testing or firing for demonstration to an
accredited shooting range only after obtaining prior permission of the
licensing authority;
(c) This licence is valid only so long
as he carries on the trade or business at the premises shown in Column 1
thereof, and will ipso facto lapse if the business is discontinued for a
continuous period exceeding six months.
2.
The licensee shall maintain registers of all
arms and ammunition in stock and deposit; and of all sales showing the particulars
in such manner and forms as laid down in the Rule 75.
3.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central Government
so directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business or shop, a signboard, on which shall be painted
in large letters in English/Hindi and in the local language his name and the
words ?Licensed to sell/transfer arms and ammunition as per the category of the
licence granted?.
5.
The licensee shall not sell the arms or
ammunition covered by the licence, elsewhere than at the place of business
specified in Column 1.
6.
The licensee shall at the time of sale or
transfer of any arms or ammunition to a person holding a licence in Form II,
Form III, Form IV and Form V endorse on the licence-
(a)
the name, description and residence of the
person who takes delivery of the articles sold or transferred;
(b)
the nature and quantity of the articles sold
or transferred; and
(c)
the date of sale or transfer; and shall sign
the endorsement and affix his seal.
7.
The licensee shall at the time of sale or
transfer of a weapon enter in his register, the manufacturer's serial number
and other identification marks, if any, stamped on the firearm at the time of
manufacture or otherwise.
8.
The licensee shall give information of all
sales or transfers of arms and ammunition, to such person and in such manner as
the Central Government may direct.
9.
The licensee shall not sell or transfer
ammunition to any person, licensed to possess or carry arms, without his first
obtaining a written certificate from such person to the effect that, with the
quantity of ammunition proposed to be acquired by him, the total quantity of
ammunition in his possession shall not exceed the maximum quantity which he is
entitled to possess at any one time or his total allowance for the year:
Provided that he shall not
in any case sell or transfer to any person any quantity of ammunition in excess
of the maximum which may be fixed by the Central Government for such person or
which is endorsed on such person's licence.
10.
Subject to the other conditions contained
herein, no licensee shall, without reasonable cause, refuse to sell arms or
ammunition to any person who is entitled to purchase or acquire such arms or
ammunition under the provisions of the Arms Act, 1959 or the Arms Rules, 2016.
11.
During any period when the licensed premises
are closed for business purposes, all firearms and ammunition, which are on the
premises, must be locked in a strong room or safe, for safe custody of
firearms.
12.
During any period when the licensed premises
are open for business or any other purpose, firearms and ammunition which are
not displayed must be locked in a strong room or safe for safe custody of
firearms.
13.
The licensee may display firearms or
ammunition during the business hours, however displayed firearms must be
unloaded and in the case of handguns, locked in a display counter or cabinet
that prevents the unauthorised access to the handguns displayed therein and in
the case of other firearms excluding handguns, must be rendered inoperable by
means of a secure locking device or securely attached with a metal attachment
to a non-portable structure in such a manner that it cannot readily be removed.
Further the firearm shall not be displayed with ammunition that can be
discharged from it.
14.
The dealer may not at any time display or
exhibit any firearms, and ammunition in any showcase or show-window which
directly goes out on or overlooks any public street, road, throughway or public
place where to the general public has access, or permit it to be displayed or
exhibited or cause it to be so displayed or exhibited.
15.
The dealer and all persons employed by the
dealer must be conversant with the provisions of the Arms Act, 1959 and the
Arms Rules, 2016 and shall undergo the prescribed training for weapon handling
and safe storage as mentioned in Rule 10 and will ensure that-
(i)
during business hours proper control is, at
all times, exercised over all the firearms and ammunition;
(ii)
the prescribed registers are properly
maintained;
(iii)
every reasonable precaution is taken against
the loss or theft of the firearms and ammunition.
Conditions
applicable on arms and ammunition kept for safe custody and under Section 21
16.
It covers only arms or ammunition of the
description given in Columns 3 and 5 so long as they are kept in place
described in Column 1, but does not authorise the licensee to carry arms.
17.
The licensee shall maintain separate
registers of all arms or ammunition deposited with him under this licence-
(i)
under Section 21 of the Act, and
(ii)
for safe custody otherwise than under Section
21 of the Act, showing particulars in such forms and manner as laid down in
sub-rule (3) of Rule 76 of these rules.
18.
The licensee shall not receive for deposit
arms or ammunition without verifying-
(a)
that they are not being deposited with any
mala fide intention; and
(b)
in case they are being deposited otherwise
than under Section 21 of the Act, that they are covered by a valid licence
issued under these rules.
19.
On the expiry of the period prescribed for
forfeiture of the arms or ammunition deposited, the licensee shall deposit them
in the malkhana of the district or such other place as may be specified by the
State Government for the purpose.
Form VIII-A
Licence for air weapon dealers
|
Serial No. of the licence
|
U.I.N.
|
Name, description and
business address of the licensee
|
Description and number of
air weapons to be sold or kept for sale
|
Description and quantity of
ammunition for air weapons to be sold or kept for sale
|
Date and year on which the
licence expires
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority???. or
Specially
empowered officer to sign the licence under rule (5)
Designation????????.
Place???????????..
|
|
Form for Renewal of the
Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature, designation of
the renewing authority or specially empowered officer
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016;
(b) This
licence is valid only so long as the licensee carries on the trade or business
at the premises shown in column (3) thereof, and will ipso facto lapse if the
business is discontinued for a continuous period exceeding six months.
2.
The licensee shall maintain registers of all
arms and ammunition in stock and deposit; and of all sales showing the
particulars in such manner and forms as laid down in the Rule 85.
3.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business or shop, a signboard, on which shall be painted
in large letters in English/Hindi and in the local language his name and the
words ?Licensed to sell/transfer air weapons?.
5.
The licensee shall not sell the arms or
ammunition covered by the licence, elsewhere than at the place of business
specified in column (3).
6.
The licensee shall not sell or transfer any
air weapons including air rifles and air guns having muzzle energy less than 20
joules or 15 ft-lbs and/or bore less than 0.177? or 4.5 mm to a person, without
first obtaining an identification proof and residence proof from the said buyer
thereof.
7.
The licensee shall at the time of sale or
transfer of an air weapon enter in his register, the manufacturer's serial
number and other identification marks, if any, stamped on the air weapon at the
time of manufacture or otherwise.
8.
The licensee shall give information of all
sales or transfers of air weapons, to such person and in such manner as the
Central Government may direct.
9.
Subject to the other conditions contained
herein, no licensee shall, without reasonable cause, refuse to sell air weapons
or their ammunition to any person who is entitled to purchase or acquire such
air weapons or ammunition under the provisions of the Arms Act, 1959 or the
Arms Rules, 2016.
10.
During any period when the licensed premises
are closed for business purposes, all air weapons and ammunition, which are on
the premises, must be locked under lock and key or a safe, for safe custody of
firearms.
11.
During any period when the licensed premises
are open for business or any other purpose, air weapons and ammunition which
are not displayed must be locked under lock and key or a safe for safe custody.
12.
The licensee may display air weapons or
ammunition during the business hours, however displayed air weapons must be
unloaded and in the case of air pistols, locked in a display counter or cabinet
that prevents the unauthorised access to the air pistols displayed therein and
in the case of other air weapons excluding air pistols, must be rendered
inoperable by means of a secure locking device or securely attached with a
metal attachment to a non-portable structure in such a manner that it cannot
readily be removed. Further the air weapons shall not be displayed with
ammunition that can be discharged from it.
Form IX
Licence to gunsmiths to
convert, shorten, repair (major) or test (other than proof test) or keeping for
conversion, repair (major) or test (other than proof test) of firearms
UIN ?????????.. Licence
Number????????..
|
Name, description and
business address of licensee
|
Description of firearms
allowed to be converted, shortened, repaired (major), tested (other than
proof test) or to be kept for conversion, shortening, repair (major) or test
(other than proof test)
|
Description of ammunition
allowed to be possessed for testing the firearms repaired and Description of
ammunition allowed to be converted
|
Date on which the licence
expires
|
|
|
Category
|
Quantity (Number)
|
Category
|
Quantity (Number or Weight
in Kgs)
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?..
|
(SEAL)
|
(Signature)
Licensing
Authority or
Specially
empowered officer to sign the licence under rule (5)
Designation????????
Place???????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016;
(b) This licence is valid only so long
as he carries on the trade or business at the premises shown in Column 1
thereof, and will ipso facto lapse if the business is discontinued for a
continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall maintain registers of all
arms and ammunition converted or shortened or repaired (major) showing the
particulars in such forms as prescribed under Rule 82 of these rules.
3.
The licensee shall make available for
inspection his registers on the demand of any Magistrate or any police officer
of a rank not below that of Inspector, or, if the Central Government so
directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to convert/shorten and repair (major) arms and
ammunition?.
5.
The licensee shall not convert, shorten or
repair (major) arms and/or ammunition of any category or description other than
those allowed under Columns 2 and 4.
6.
The licensee shall not convert/shorten/repair
(major) arms or ammunition elsewhere than at the place of business or factory
specified in Column 1.
7.
This licence entitles the licensee to
fabricate components and parts of firearms for the purpose of repair of
firearms of the categories shown in Column 2, but does not entitle him to
manufacture such components or parts for the purpose of or utilised for
assembling into complete arms or ammunition. Conversion of arms of restricted
category [Category I(b) and I(c)] and of obsolete caliber weapons,
which have gone out of production or for which no ammunition is readily
available, into permissible category arms is allowed under this licence subject
to the prior permission of the licensing authority. Replacement of barrels of
weapons falling under major repair is also permissible subject to Condition 8.
8.
The licensee shall not shorten the barrel of
any firearm to less than 20 inches in any case.
9.
This licence does not entitle the licensee to
convert blank cartridges or any ammunition having no projectile into single/multiple
projectile ammunition or to load or reload any ammunition.
10.
During any period when the licensed premises
are closed for business purposes, all firearms and ammunition, which are on the
premises, shall be locked in a strong room or safe for safe custody of
firearms.
11.
During any period when the licensed premises
are open for business or any other purpose, firearms and ammunition which are
not displayed shall be locked in a strong room or safe for safe custody of
firearms.
12.
The licensee may display firearms on which he
has performed work in accordance with the provisions of arms rules, in order to
promote his craftsmanship, however displayed firearms must be unloaded and in
the case of handguns, locked in a display counter or cabinet that prevents the
unauthorised access to the handguns displayed therein.
13.
The licensee may only deactivate a firearm
with the prior consent of the licensing authority.
14.
The licensee is allowed to employ a person as
an apprentice if such person is registered for such an apprenticeship under the
labour laws applicable in India and must exercise personal control or
supervision over such apprentice who performs any work on a firearm.
15.
The licensee shall ensure the establishment
of the approved safe or strongroom before commencement of business under the
licence granted to him.
Form IX-A
Licence to gunsmiths to repair
(minor) or test (other than proof test) or keeping for repair (minor) or test
(other than proof test) of firearms
UIN????????.. Licence
Number????????..
|
Name, description and
business address of licensee
|
Description of firearms
allowed to be repaired (minor) or to test (other than proof test) or keeping
for repair (minor) or test (other than proof test)
|
Description of ammunition
allowed to be possessed for testing the firearms repaired (minor)
|
Date on which the licence
expires
|
|
|
Category
|
Quantity (Number)
|
Category
|
Quantity (Number or Weight
in Kgs.)
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
The ?? of?? 20
?..
|
(SEAL)
|
(Signature)
Licensing
Authority or
Specially
empowered officer to sign the licence under rule (5)
Designation????????
Place???????????..
|
|
Form of Renewal of Licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence is valid only so long
as the licensee carries on the trade or business in the premises shown in
Column 1 thereof, and will ipso facto lapse if the business is discontinued for
a continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall maintain registers of all
arms and ammunition repaired (minor) showing the particulars in such forms as
prescribed under Rule 82 of these rules.
3.
The licensee shall make available for
inspection his registers on the demand of any Magistrate or any police officer
of a rank not below that of Inspector, or, if the Central Government so
directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to repair (minor) arms and ammunition?.
5.
The licensee shall not shorten the barrel of
any firearm to less than 20 inches in any case.
6.
During any period when the licensed premises
are closed for business purposes, all firearms and ammunition, which are on the
premises, shall be locked in a strong room or safe for safe custody of
firearms.
7.
During any period when the licensed premises
are open for business or any other purpose, firearms and ammunition which are
not displayed shall be locked in a strong room or safe for safe custody of
firearms.
8.
The licensee may display firearms on which he
has performed work in accordance with the provisions of arms rules, in order to
promote his craftsmanship, however displayed firearms must be unloaded and in
the case of handguns, locked in a display counter or cabinet that prevents the
unauthorised access to the handguns displayed therein.
9.
The licensee is allowed to employ a person as
an apprentice if such person is registered for such an apprenticeship under the
labour laws applicable in India and must exercise personal control or
supervision over such apprentice who performs any work on a firearm.
10.
The licensee shall ensure the establishment
of the approved safe or strongroom before commencement of business under the
licence granted to him.
Form X
79[Composite
Import Licence for Arms and Ammunition
Import In
Transit Import
for Re-Export Transport
for Re-Export ]
|
Category of Item as per
Schedule I- (please specify)??????????.
|
|
Licence No.
|
|
UIN
|
|
|
Port of Import
|
|
Port of Export
|
|
|
1.
|
Name, description and address
of the licensee
|
|
|
2.
|
Name, description and
address of agent (if any) authorised for the purpose of this consignment
|
|
|
3.
|
Number of packages
|
|
|
4.
|
ARMS
|
|
|
|
Description
|
|
|
|
Quantity
|
|
|
5.
|
AMMUNITION
|
|
|
|
Description
|
|
|
|
Weight (in Kgs) or Number
|
|
|
6.
|
Purpose for which required
|
|
|
7.
|
In case of Import, place
where articles ported imported stored or deposited
|
|
|
8.
|
Place of despatch and route
|
|
|
9
|
Place of destination
|
|
|
10.
|
Name, description and
address of the consignee
|
|
|
11.
|
Period of validity of
Licence
|
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority????
Designation????????.
Place????????????
|
Conditions
1.
The licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
An Account of the contents of each package
shall be legibly written thereon and where the articles are conveyed by rail,
each package shall be marked with the word ?Arms? or ?Ammunition?, as the case
may be, so as to be readily recognisable by the railway authorities.
3.
The articles shall not be conveyed by any
route other than that specified in Column 8 and bulk shall not be broken nor
shall the consignment by stopped, before the articles reach the place of
destination.
4.
In case of Import, the articles shall be
either-
(a)
deposited subject to the general or special
sanction of the Central Government under Section 34 of the Act, in a warehouse
licensed under Section 58 of the Customs Act, 1962 (52 of 1962), or
(b)
forthwith dispatched to their place of
destination.
5.
The articles shall be delivered only to a
person lawfully entitled to receive them.
[Form X-A
Composite Export Licence for
Arms and Ammunition
Export Export for
Re-Import Transport
for Re-Export
|
(1)
|
(2)
|
(3)
|
|
1.
|
Licence No. UIN
|
|
|
2.
|
Name, description and
address of the Licencee/Exporter
|
|
|
3.
|
Name, description and
address of agent (if any) authorised for the purpose of export/purchase order
|
|
|
4.
|
Arms
|
|
|
Description
|
|
|
ITC(HS) Code
|
|
|
Quantity
|
|
|
5.
|
Ammunition
|
|
|
Description
|
|
|
ITC(HS) Code
|
|
|
Quantity
|
|
|
6.
|
Purchase Order No.
|
|
|
7.
|
Purpose for which required
|
|
|
8.
|
Place of Destination and
Route
|
|
|
9.
|
Period of validity of
Licence
|
|
|
10.
|
FOB value
|
|
|
11.
|
Name of foreign buyer
|
|
|
12.
|
Name of Importer
|
|
|
13.
|
Port of Export Port of
Import
|
|
|
14.
|
Ultimate destination of
export
|
|
|
15.
|
Name of End User
|
|
Explanation.-This Form shall apply to firearms and their following
parts, namely:-
(i)
Barrel;
(ii)
Cylinder;
(iii)
Bolt;
(iv)
Breech Block;
(v)
Slide;
(vi)
Firing Pin;
(vii)
Frame or Receiver;
(viii)
Extractor;
(ix)
Hammer/Striker.
CONDITIONS
1.
The licence is granted as per the extant
provisions under the Arms Act, 1959 and the Arms Rules, 2016 subject to
provisions of the Foreign Trade (Development and Regulation) Act, 1992.
2.
An Account of the contents of each package
shall be legibly written thereon and each package shall be marked with the word
?Arms? or ?Ammunition? or ?Parts and Components? as the case may be, so as to
be readily recognisable.
3.
The articles shall not be conveyed by any
route other than that specified in the licence and bulk shall not be broken nor
shall the consignment be stopped, before the articles reach the place of
destination.
4.
The articles shall be delivered only to a
person lawfully entitled to receive them.
5.
That the item(s) exported should not be used
for purposes other than those declared in End User Certificate.
6.
The licence shall be non-transferrable and
issued in three original copies.
7.
(a) The first copy of the export licence
shall be returned to the issuing licensing authority within ten days of the
date of export and which date must be duly certified by the Indian customs
authorities;
(b) The second copy shall be returned
to the issuing licensing authority within a period of ninety days after the
export date stated on the export licence, which must bear the signature, an
official date and name stamp of the end user, to serve as a delivery
verification certificate:
Provided that failure to
comply with conditions specified in clause (a) and clause (b) shall result in
suspension of all pending and future export transactions of the exporter till
the time the said conditions are duly complied with.
8.
On completion of the export transaction, the
exporter shall retain one original copy of the export licence, bill of lading
or airway bill, packing lists and export invoice pertaining to the firearms or
ammunition so exported and shall produce the said documents whenever required
to do so by the issuing licensing authority.
9.
That the item(s) should not be subsequently
transferred (re-exported) without the prior authorisation of the original
exporting Government.
10.
That the item(s) should not be diverted, sold
or transferred to any third party whatsoever except as indicated in End User
Certificate.
11.
If required to provide verification or
certification that possession of the item(s) has occurred.
12.
The item (s) should not be used for any
purpose that relates to development of weapons of mass destruction and their
delivery systems.
13.
This Licence is further subject to compliance
of Export and Import Policy of the Government of India, as amended from time to
time.
14.
This Licence is valid for a maximum period of
two years or completion of the order, whichever is earlier and the validity of
Licence may be extended from time to time, based on requirements and merits, by
the Competent Authority.
15.
The Firm is directed to submit a copy of the
Licence duly endorsed (quantity of item exported) by concerned customs
authority after export of each consignment.
16.
This Licence is being issued for port of
loading/port of shipment indicated in the application. If there is any change
subsequently, endorsement from the Licencing Authority shall be required.
17.
Upon execution of the export order, foreign
buyer (as mentioned in the licence) shall intimate to the undersigned and to
the Embassy or Mission abroad about the execution, without fail.
The ??. of ?? 20??..(Seal)
(Signature)
Licencing Authority
________________
Designation
_____________________
Place _______________]
Form XI
Journey Licence
(to be issued if firearms are already endorsed on the
licence)
UIN???????????.. Licence
No????????????
|
1.
|
Name of the licensee
|
|
|
2.
|
Residential address of the
licensee as endorsed on his arms licence
|
|
|
3.
|
Arms and ammunition that the
licensee is entitled to carry
|
|
|
4.
|
Brief description of each
firearm with details, e.g. manufacturer's serial number and other
identification marks
|
|
|
5.
|
Quantity and description of
each kind of ammunition
|
|
|
6.
|
Place of departure
|
|
|
7.
|
Route of the journey
|
|
|
8.
|
Place of destination
|
|
|
9.
|
Period which the journey is
likely to occupy
|
|
|
10.
|
Period for which the journey
licence is valid
|
|
|
The ?? of the?..???(SEAL)
|
(Signature)
Licensing
Authority????
Designation????????.
Place????????????
|
Conditions
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
The licensee shall-
(a)
on demand by any authorised officer, produce
the weapons covered by this licence;
(b)
forthwith give information at the nearest
police station of the loss or theft of any arms or ammunition covered by the
licence; and
(c)
shall follow the route of journey as
mentioned in Column 7 of the licence.
3.
It covers only the person named in Column 1
and the arms or ammunition mentioned in Column 3.
Form XII
Transport Licence
(to be issued when firearms are not endorsed on the
licence or for transport by manufacturers or dealers)
UIN?????????.. Licence No.
?????????.
|
1.
|
Name, description and
residence address of licensee and agent (if any) authorised for the purpose
of this consignment
|
|
|
2.
|
Licensee's place of business
(if any)
|
|
|
3.
|
Arms and ammunition to be
transported
|
|
|
|
Number of packages
|
|
|
|
Brief description of arms
and number
|
|
|
|
Brief description of
ammunition and weight in kilograms or number
|
|
|
4.
|
Place of dispatch
|
|
|
5.
|
Route of transport
|
|
|
6.
|
Mode of transport
|
|
|
7.
|
Place of destination
|
|
|
8.
|
Name, description and
address of consignee
|
|
|
9.
|
Period for which the Licence
is valid
[not exceeding three months
as provided under Rule 97(5)]
|
|
|
The ?? of the??
SEAL
|
(Signature)
Licensing Authority????
Designation????????.
Place????????????
|
Endorsement 1
|
Date on which certificate of
?No Objection? (NOC) is obtained vide Rule 98 from
|
|
Authority
|
Place
|
Date
|
|
State Government
|
|
|
|
District Magistrate
|
|
|
Endorsement 2
|
Date on which a copy of Transport
Licence is sent vide Rule 97(1) to
|
|
Authority
|
Place
|
Date
|
|
State Government
|
|
|
|
District Magistrate
|
|
|
Conditions
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
The licensee shall-
(a)
on demand by any authorised officer, produce
the weapons covered by this licence; and
(b)
forthwith give information at the nearest
police station of the loss or theft of any arms or ammunition covered by the
licence.
3.
The articles shall not be conveyed by any route
other than that specified in Column 5; and bulk shall not be broken, nor shall
the consignment be stopped before the articles reach the place of destination:
Provided that where the
consignment is ready but could not be despatched in one bulk, for reasons
beyond the control of the licensee, the articles may be sent in lots provided
proper intimation is sent to the licensing authority who may extend the
time-limit, if necessary.
4.
An account of the contents of each package
shall be legibly written thereon; and where the articles are conveyed by rail,
each package shall be marked with the word ??Arms? or ?Ammunition?, as the case
may be, so as to be readily recognisable by the railway authorities.
5.
The articles shall be delivered only to a
person lawfully entitled to receive them as mentioned in Column 8.
6.
Where a licence granted for industrial
purposes has been made valid for a period longer than three months, necessary
entries shall promptly be made in the stock registers maintained by the
manufacturer or the dealer for the purpose at the places, (viz., godown and
factory).
Form XIII
Transport Licence for despatch
of gun barrels or completed firearms for proof test
UIN??????????.. Licence
No???????????
|
1.
|
Name of the licensee
manufacturer
|
|
|
2.
|
Address of the licensee
manufacturer
|
|
|
3.
|
Name and designation of the
responsible person
|
|
|
4.
|
Manufacturer's licence
number in Form VII
|
|
|
5.
|
Validity Period of licence
in Form VII
|
|
|
6.
|
Number of firearms allowed
to be manufactured per annum
|
|
|
7.
|
Total number of gun
barrels/completed firearms which have been despatched already to proof house
for proof test for the first time
|
|
|
8.
|
Total quantity of
gunbarrels/completed firearms to be allowed to be despatched
|
|
Sl. No.
|
Type
|
Manufactured during the
current year
|
Rectified
|
Total
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
(a)
|
|
|
|
|
|
(b)
|
|
|
|
|
|
(c)
|
|
|
|
|
|
|
Total
|
|
|
|
|
9.
|
Total quantity of
gunbarrels/manufactured firearms to be despatched after rectification (Column
3 of Item 8)
|
|
Sr. No.
|
Year of manufacture
|
Number and date of communication
of proof house advising rectification
|
Serial No. of gun-barrels or
completed firearms rectified
|
Total
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1.
Certified that on the date of issue of this
licence, the licensee has not been restrained from operation of any of the
authorisations in his Form VII licence, by the licensing authority or the
renewing authority or the District Magistrate.
2.
The licensee is hereby permitted to transport
gun barrels/completed firearms vide Item 8 to the establishment indicated in Col.
7 of his Form VII licence. He is also permitted to bring back from that
establishment the gun barrels/completed firearms covered by this licence after
proof test in one or more instalments.
(Seal and Signature)
(District Magistrate)
Place:
Date:
Note.-The total of figures in Item 7 and Cols. 2 in Item 8
should not exceed the licensed capacity vide Item 6.
Form XIV
Transporter's licence for
transport of arms and ammunition
UIN??????????.. Licence
No???????????
|
Name, description and
business address of licensee
|
Description of arms and
ammunition allowed to be transported
|
Date on which the licence
expires
|
|
|
Category of arms and
ammunition
|
Maximum quantity during a
calendar year
|
Maximum quantity in a single
consignment
|
Maximum quantity in multiple
consignments under a single shipment
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
The ?? of?? 20
?.. (SEAL)
|
(Signature)
Licensing
Authority????or
Specially
empowered officer to sign the licence under rule (5)
?????????????.
Designation?????..
Place?????????.
|
|
Form of renewal of licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
(a)
This licence is granted subject to all the provisions of the Arms Act, 1959 and
of the Arms Rules, 2016.
(b) This licence is valid only so long
as the licensee carries on the trade or business in the premises shown in
column (1) thereof, and will ipso facto lapse if the business is discontinued
for a continuous period exceeding six months.
(c) The licensee shall not enter into
any partnership connected with this licence without the approval of the
licensing authority.
2.
The licensee shall maintain registers of all
arms and ammunition received for transportation, of all stock in hand, and of
all transportations made showing the particulars in such forms as may be
prescribed for the purpose by the Central Government.
3.
The licensee shall make available for
inspection his stock and his registers on the demand of any Magistrate or any
police officer of a rank not below that of Inspector, or, if the Central
Government so directs, of Sub-Inspector.
4.
The licensee shall affix on a conspicuous
part of his place of business, factory or shop a signboard on which shall be
painted in large letters in English/Hindi and in the language of the district
his name and the words ?Licensed to transport arms or ammunition?.
5.
The licensee shall not transport arms and/or
ammunition of any category or description other than those allowed to be
transported under Column 2.
6.
The licensee shall not keep arms or
ammunition elsewhere than at the place of business specified in column (1) or
at the branch offices and representative offices of the transporter declared at
the time of making application for a licence in Form XIV.
7.
He shall not transport any quantity of arms
and ammunition without his first obtaining a copy of the transport licence in
Form XII from the consignor and ascertaining the purpose for such
transportation on the basis of a written declaration and shall not handover the
consignment to any consignee without first obtaining copy of arms licence from
him and proof of his bonafides to receive the consignment under the Act and
these rules.
8.
The transporter shall submit the following
documents to the licensing authority-
(a)
proof that a proper functioning two way
communication system between the vehicle transporting the arms or ammunition
and the applicant is in operation;
(b)
a detailed description of the safety measures
fitted to the vehicle that shall be used; and
(c)
a detailed description of security
precautions that shall be in place during transportation.
9.
The transporter using road transport shall
provide to the person in charge of transportation, a typed list or computer
printout on his letterhead of persons who will be directly involved in the
transportation of the consignment of the arms and ammunition, containing their
names and identity numbers and such list must be attached to a certified copy
of the licence in Form XIV.
10.
An arms or ammunition transporter holding a
licence in Form XIV shall during the time of such transport, be in possession
of-
a consignment note on which
the following particulars must appear:
(i)
(a)
the full name, address, licence and UIN of the transporter;
(b) the names, addresses and UINs of
the consignor and the consignee in respect of arms and ammunition to be
transported;
(c) the quantity, type of action,
manufacturer's serial number, make and caliber of the firearms and quantity,
make and caliber of ammunition; and
(d) the physical address where from
the firearms and ammunition were collected and the physical address of their
final destination;
(ii)
the licence in Form XII authorising the
transportation of such firearms and ammunition;
(iii)
any other document which may under these
rules or any other law be required.
11.
Wherein the licensee holding a licence in
Form XIV is obliged to store the firearms or ammunition for any period of time
after receipt and before delivery, such storage shall comply with the
requirements for safe custody and storage as specified in Rule 10.
12.
The licensee shall ensure direct supervision
by him or through his personnel of an en-route consignment of arms or
ammunition which shall be accompanied by at least two able bodied guards.
13.
The firearm transporter shall obtain from the
consignee a written confirmation of the taking of possession of the consignment
of arms and ammunition and the confirmation shall contain the following
information-
(i)
the name and surname of the recipient;
(ii)
the recipient's address;
(iii)
the date and time of delivery;
(iv)
the description of the arms and ammunition
received; and
(v)
the signature of the recipient which serves
as confirmation of the correct deliverance.
A copy
of the written confirmation obtained above shall be delivered by the
transporter to the licensing authority issuing transport licence in Form XII.
14.
The licensee holding a licence in Form XIV
shall immediately notify in writing the police and licensing authority in the
event of non-delivery, loss or theft of the arms or ammunition.
15.
The vehicle carrying arms and ammunition
shall not stop for a longer period than is reasonably required and shall avoid
stops at places where public safety is likely to be in danger. Further the
vehicle carrying arms and ammunition shall be adequately secured and provided
with fire extinguishers at the expense of the licensee holding a licence in
Form XIV.
Form XV
Licence for the import into,
possession for the duration of the journey in, transport across, and export out
of India of arms or ammunition carried by Nepal Government troops or police,
from one place in Nepal to another place in Nepal through Indian Territory
UIN??????????.. Licence
No???????????
|
Description of
licensee/agent(s)
|
Number of retainers
|
Arms and ammunition that
licensee is entitled to import/possess/transport/export
|
Place of entry in India
|
District (s) through which
the arms or ammunition shall pass
|
Place of departure from
India
|
Period for which the licence
is valid
|
|
|
|
Brief description of the
arms
|
Quantity and description of
each kind of ammunition
|
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
|
The??.of??.20
The??.of??.20
|
SEAL
|
From the ?????
To the ?????
Date on which
copy is sent to
the District
Magistrate of
?????????.District
[vide Rule 111(2)]
(Signature)
Ambassador of
India in Nepal
|
Conditions
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the person named, and the arms
or ammunition described therein.
3.
The licensee shall not, while in India, sell
or transfer any arms or ammunition covered by this licence.
Form XVI
Licence for firearm free zone
|
UIN
|
Licence Number
|
Name, description and
business address of licensee
|
Demarcated Area declared as
Firearm Free Zone as per the site plan enclosed (marked in red)
|
Date on which the licence
expires
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
|
|
|
|
|
|
The ???. of the
???.
Licensing
Authority ??????
|
SEAL (Signature)
Designation
????????
Place
???????????
|
|
Form of renewal of licence
|
|
Date and year of renewal
|
Date on which the renewed
licence expires
|
Signature and designation of
the renewing authority
|
SEAL
|
|
1
|
2
|
3
|
4
|
Conditions
1.
This licence is granted subject to all the
provisions of the Arms Act, 1959 and of the Arms Rules, 2016.
2.
It covers only the name of the owner of the
premises declared as firearm free zone for the demarcated area as mentioned in
column (4) of the licence.
3.
The licensee shall post notices at all the
main entrances or at strategic places on the premises mentioned in column (4)
both in English and local language declaring the premises as firearm free zone.
4.
The notices and signs shall be clearly
visible and unobscured at all times.
5.
Any change in the information furnished at
the time of filing of application for firearm free zone shall be intimated to
the licensing authority within a period of seven working days.
SCHEDULE
III
PART
II
Application
Forms
FORM
A-1
(for individuals)
Form
of application for an arms licence in Forms II, III and IV
(See
Rule 11)
|
Passport size photograph of
the applicant
|
|
|
|
Identity of the applicant
|
|
1
|
Name
|
|
|
2
|
Parent/Spouse Name
|
|
|
3
|
Sex
|
Male
|
Female
|
|
4
|
Place of birth (Nativity)
|
Country
|
State
|
District
|
|
5
|
Date of birth in Christian
era
|
must be 21 years of age on
the date of application
|
|
|
in figures
|
DD/MM/YYYY
|
|
|
in words
|
|
|
6
|
Permanent Account No. (PAN)
|
|
|
7
|
Aadhar Card Number
|
|
|
8
|
Present address
|
|
|
|
|
District
|
State
|
|
(a)
|
Since when residing at the
present address
|
DD/MM/YYYY
|
|
(b)
|
Telephone Number
|
Office
|
Residence
|
|
(c)
|
Mobile Number
|
|
|
(d)
|
*Nearest Police Station
|
|
|
9
|
Permanent Address
|
|
|
|
|
District
|
State
|
|
(a)
|
*Nearest Police Station
|
|
|
10
|
Occupation
|
|
|
*Note-Nearest Police Station means the police station under
whose jurisdiction the place given in the address comes
|
|
11
|
Office/business address
|
|
|
12
|
Additional particulars if
the licence is required for crop protection under Rule 35
|
Location (village)
|
|
|
|
|
Area of land under
cultivation
|
|
|
Other Particulars of the
Applicant
|
|
13
|
Whether the applicant has
been-
|
|
|
|
(a)
|
convicted
|
Y
|
N
|
If yes, details thereof-
Offence
Sentence
Date of sentence
DD/MM/YYYY
|
|
(b)
|
ordered to execute a bond
under Chapter VIII of Code of Criminal Procedure, 1973 (2 of 1974) for
keeping the peace or for good behavior
|
Y
|
N
|
If yes, details thereof-
Date
DD/MM/YYYY
Period for which bound
|
|
(c)
|
prohibited under the Arms
Act, 1959, or any other law from having the arms or ammunition
|
Y
|
N
|
If yes, details thereof-
Date
|
|
|
|
|
|
DD/MM/YYYY
Period for which prohibited
|
|
14
|
Whether-
|
|
|
|
|
(a)
|
the applicant applied for a
licence before -if so, when, to whom and with what result
|
Y
|
N
|
If yes, details thereof-
Date applied for
DD/MM/YYYY
Name of the licensing
authority
Result (pl. specify)
Approved//Rejected/Pending
|
|
(b)
|
the applicant's licence was ever
suspended or cancelled/revoked
|
Y
|
N
|
If yes, details thereof-
Name of the licensing authority
Reasons
|
|
(c)
|
any other member of the
applicant's family is in possession of any arms licence, if so, particulars
thereof
|
Y
|
N
|
If yes, details thereof-
Name
Licence No.
Weapons endorsed
1.
2.
3.
|
|
(d)
|
the applicant has a safe
place to keep the arms and ammunition
|
Y
|
N
|
If yes, details thereof-
|
|
(e)
|
the applicant has undergone
training as specified under Rule 10 whenever made applicable by the Central
Government)
|
Y
|
N
|
If yes, details thereof-
|
|
Particulars of licence being
applied for
|
|
15
|
Need for licence (see Note 1 below)
|
|
16 (a)
|
Description of arms for
which licence is being sought
(Tick any one of the
options)
|
Category -
restricted/permissible
Rifle
Shot Gun (BL/ML)
Hand Gun
(Revolver/Pistol)
Others
|
|
(b)
|
Description of ammunition or
ingredients of ammunition for which licence is being sought
|
|
|
17
|
Area within which applicant
wishes to carry arms
(Tick any one of the
options)
|
District
State
Throughout India
|
|
18
|
Claims for special
consideration for obtaining the licence, if any
(attach documentary
evidence)
|
|
|
Additional Information
|
|
19
|
Details for an application
for licence in Form IV
|
|
(a)
|
Place or area for which the
licence is sought
|
|
|
(b)
|
Specification of the wild
beasts which are permitted to be destroyed as per the permit granted under
the Wild life (Protection) Act, 1972 (53 of 1972) to the applicant
|
|
|
|
|
|
|
|
|
|
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be
proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 2016, and other central enactments or the law for
the time being in force.
|
Place????..
Date ????..
|
Signature/Thumb -
impression of applicant
|
Notes:
1.
Against Column 15, the applicant should
clearly mention the purpose(s) for which the licence is required - such as use,
acquisition, possession, carrying, sport, display, destruction of wild animals
which do injury to human beings or cattle and damage to crops etc. as per the
category of licence applied (Form II, III or IV).
2.
The following documents under Rule 11 are to
be submitted along with the application-
(a)
four passport size copies of the latest
photograph of the applicant (in transparent background);
(b)
proof of date of birth;
(c)
identification proof - Aadhar Card or in case
the applicant does not have Aadhar Card, a written declaration to be submitted
in the form of an Affidavit along with an alternative identification proof
which may include - Passport; Voter Identification Card, PAN Card or Identity
card issued to the employees.
(d)
residence proof in case the applicant does
not possess Aadhar Card or Passport - (Election Card or Electricity Bill or
Landline Telephone Bill or Rent Deed or Lease Deed or Property documents or any
other document to the satisfaction of the licensing authority);
(e)
firearm training certificate in Form S-1
(whenever made applicable by the Central Government by passing a general or
special order);
(f)
safe use and storage of firearms undertaking
in Form S-2;
(g)
self-attested copies of the educational and
professional qualification certificates from professional category applicants
as specified in clause (a) of
sub-rule (3) of Rule 12;
(h)
medical certificates about mental health and
physical fitness in Form S-3;
(i)
in case of protection for destruction of wild
animals which do injury to human beings or cattle and damage to crops, permit
from the authority empowered under the Wild Life (Protection) Act, 1972 (53 of
1972);
3.
Strike off the entries not relevant.
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the application
form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Form A-2
(for companies)
Form of application for an
arms licence in Form II, III and V
(See Rule
11)
|
IDENTITY OF THE APPLICANT
|
|
1.
|
Name of the applicant
company
|
|
|
2.
|
Permanent Account Number
(P.A.N.)
|
|
|
3.
|
Corporate Identification
Number (C.I.N.)
|
|
|
2.
|
Name of the applicant branch
or representative office of the company (if the application is being filed by
such branch or representative office)
|
|
|
3.
|
Constitution of the
applicant company (see Note
1 below)
|
|
|
4.
|
Designation of the
?responsible person? who will sign on behalf of the applicant company
(duly authorised in writing
or by way of a board resolution wherein required)
|
|
|
Name of the ?responsible
person? signing the application
|
|
|
5.
|
Registered Office Address of
the company
|
|
|
Telephone No. (Office)
|
|
|
Mobile Number of the
responsible person
|
|
|
E-mail
|
|
|
*Nearest Police Station
|
|
|
6.
|
Address of the branch or
representative office by which the application is being filed
|
|
|
|
Telephone (office/residence)
|
|
|
Mobile No.
|
|
|
E-mail
|
|
|
*Nearest Police Station
|
|
*Note.-Nearest Police Station means the police station under
whose jurisdiction the place given in the address comes
|
Other Particulars of the
Applicant
|
|
7.
|
Whether the applicant or its
office bearers or directors has/have ever been-
|
|
(a)
|
convicted
(attach details in a
separate sheet, if the answer is in affirmative)
|
Y
|
N
|
If yes, details thereof-
Offence
Sentence
Date of sentence
DD/MM/YYYY
|
|
(c)
|
prohibited under the Arms
Act, 1959, or any other law from having the arms or ammunition
|
Y
|
N
|
If yes, details thereof-
Date
DD/MM/YYYY
Period for which prohibited
|
|
8.
|
Whether-
|
|
(a)
|
the applicant applied for a
licence before - if so, when, to whom and with what result
|
Y
|
N
|
If yes, details thereof-
Date applied for
DD/MM/YYYY
Name of the licensing
authority
Result (pl. specify)
Approved/Rejected/Pending
|
|
(b)
|
the applicant's licence was
ever suspended or cancelled or revoked-
|
Y
|
N
|
If yes, details thereof-
Name of the licensing
authority
Reasons
|
|
(c)
|
any other arms licence
already held by the company or where the applicant is a branch or
representative office of such company, held by such branch or representative
office
|
Y
|
N
|
If yes, details thereof-
Name
Licence No.
Weapons endorsed
1.
2.
3.
|
|
(d)
|
the applicant has a safe
place to keep the arms and ammunition
|
Y
|
N
|
If yes, details thereof-
|
|
(e)
|
the retainer or retainers to
be employed by the applicant have undergone training as specified in Rule 10
(whenever made applicable by the Central Government)
|
|
|
|
|
Particulars of licence being
applied for
|
|
9.
|
Need for licence (see Note 2
below)
|
|
|
|
10.
|
Description of
arms for which licence is being
|
Category -
Restricted/Permissible
|
|
|
(a)
|
sought
|
Rifle
|
|
|
|
(Tick any one of
the options)
|
Shot Gun (BL/ML)
|
|
|
|
|
Hand Gun
(Revolver/Pistol)
|
|
|
|
|
Others
|
|
|
(b)
|
Description of ammunition or
ingredients of ammunition for which licence is being sought
|
|
|
|
11.
|
Number of firearms which
applicant wishes to apply for
|
|
|
|
12.
|
Area within which applicant
wishes to carry arms
(Tick any one of the
options)
|
District
|
|
|
State
|
|
|
Throughout India
|
|
|
13.
|
Claims for special
consideration for obtaining the licence, if any
(attach documentary
evidence)
|
|
|
Declaration:
I, ?????????, the
responsible person?????????, (designation as mentioned in column 3)
of???????????. (name of the company), hereby declare that the above particulars
given in the application are true, complete and correct to the best of my
knowledge and belief. I understand that in the event of any information being
found false or incorrect at any stage, I, personally, as well as the company
are liable to be proceeded against and action taken under the relevant
provisions of the Arms Act, 1959, the Arms Rules, 2016, and other central
enactments or the law for the time being in force.
???????????????
Signature with stamp of the
responsible person
signing on behalf of the
company
Notes.-
1.
Constitution of the company be mentioned-
Private Limited Company;
Limited Company; Government Undertaking; Society : Co-operative Society;
Institute; University; Partnership Firm; Association of Persons (AOPs) or any
other body under any special Act or otherwise etc.
2.
Against Column 9, the applicant should
clearly mention the purpose(s) for which the licence is required - such as use,
acquisition, possession, carrying, protection, display, target practice or
shooting, etc.
3.
The applicant is required to submit the
following documents along with the application-
(a)
written undertaking on the letter head of the
company applicant duly signed by the responsible person appointed vide clause
(44) of Rule 2 for filing an application under the arms rules;
(b)
original copy of the board resolution passed
or an authority letter confirming the appointment of responsible person
referred to in clause (a)
above;
(c)
certified copies of the founding documents of
the Company including Memorandum and Articles of Association;
(d)
safe use and storage of firearms undertaking
in Form S-2 as specified in Rule 10;
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the application
form in violation of arms rules will render the applicant company and the
responsible person liable for punishment under Section 30 of the Arms Act,
1959.
FORM A-3
(for individuals)
Form of application for renewal of arms licence(s)
granted in Form II, III, IV
(See Rule 24)
|
Recent passport Size
photograph of the licensee
|
|
Identity of the Licensee
|
|
1.
|
UIN (16 digit)
|
|
|
2.
|
Name
|
|
|
3.
|
Parent/Spouse Name
|
|
|
4.
|
Date of birth in Christian
era
|
|
|
(a)
|
in figures
|
DD/MM/YYYY
|
|
(b)
|
in words
|
|
|
5.
|
Present Address
|
|
|
(a)
|
Telephone (Office/Residence)
|
|
|
(b)
|
Mobile No.
|
|
|
(c)
|
E-mail
|
|
|
(d)
|
Nearest Police Station
|
|
|
6.
|
Occupation
|
|
|
7.
|
Office/Business Address
|
|
|
Licence Particulars and
Weapon Endorsements
|
|
8.
|
Licence Number
|
|
|
9.
|
Date of expiry
|
DD/MM/YYYY
|
|
10.
|
Area Validity
|
|
|
11.
|
Weapons Endorsed
|
Weapon 1
|
Weapon 2
|
Weapon 3
|
|
(a)
|
Type (Rifle/Shotgun/Handgun
(Rev/Pistol)
|
|
|
|
|
(b)
|
Bore/Caliber
|
|
|
|
|
(c)
|
Weapon Number
|
|
|
|
|
12.
|
Ammunition allowed
|
Cartridges Gun
Powder/Percussion Caps
|
|
|
|
Other Particulars of the
Applicant
|
|
13.
|
Whether the applicant since
last renewal or issuance of licence has been-
|
|
(a)
|
convicted
|
Y
|
N
|
If yes, details thereof-
Offence
Sentence
|
|
|
|
|
|
Date of sentence DD/MM/YYYY
|
|
(b)
|
ordered to execute a bond
under Chapter VIII of Code of Criminal Procedure, 1973 (2 of 1974) for
keeping the peace or for good behaviour
|
Y
|
N
|
If yes, details thereof-
Date
DD/MM/YYYY
Period for which bound
|
|
(c)
|
prohibited under the Arms
Act, 1959, or any other law from having the arms or ammunition
|
Y
|
N
|
If yes, details thereof-
Date
DD/MM/YYYY
Period for which prohibited
|
|
14.
|
Whether-
|
|
(a)
|
the applicant's licence
since last renewal or issuance of licence was ever suspended or
cancelled/revoked
|
Y
|
N
|
If yes, details thereof-
Name of the licensing
authority
Reasons
|
|
(b)
|
any other member of the
applicant's family is in possession of any arms licence, if so, particulars
thereof
|
Y
|
N
|
If yes, details thereof-
Name
Licence No.
Weapons endorsed
1.
2.
3.
|
|
(c)
|
the applicant has a safe
place to keep the arms and ammunition
|
Y
|
N
|
If yes, details thereof-
|
|
(d)
|
the applicant has undergone
prescribed training as specified under Rule 10
(whenever made applicable by
the Central Government)
|
Y
|
N
|
If yes, details thereof-
|
Declaration:
I hereby declare that the above
particulars given in the application are true, complete and correct to the best
of my knowledge and belief. I understand that in the event of any information
being found false or incorrect at any stage, I am liable to be proceeded
against and action taken under the relevant provisions of the Arms Act, 1959,
the Arms Rules, 2016, and other central enactments or the law for the time
being in force.
Signature/Thumb-impression
of applicant
Place ???.
Date???..
Note.-
The exemptee sports persons
shall attach a list of the arms and ammunition held by them in a separate sheet
against Columns 11 and 12.
Warning
Suppression of any factual
information or furnishing of any false or wrong information in the application
form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Form A-4
(for companies)
Form of application for
renewal of licence(s) granted in Form II, III and V
(See Rule
24)
|
IDENTITY OF THE LICENSEE
|
|
1.
|
UIN (16 digit)
|
|
|
2.
|
Name of the licensee company
(see Note 1)
|
|
|
3.
|
Constitution of the licensee
company
|
|
|
|
P.A.N./C.I.N.
|
|
|
4.
|
Name of the responsible
person
|
|
|
5.
|
Address of the licensee
company
|
|
|
|
Telephone No. (office)
|
|
|
|
Mobile Number of the
responsible person
|
|
|
|
E-mail
|
|
|
|
*Nearest Police Station
|
|
|
Licence particulars and
weapon endorsements
|
|
6.
|
Licence Number
|
|
|
7.
|
Date of expiry
|
DD/MM/YYYY
|
|
8.
|
Area Validity
|
|
|
9.
|
Total Number of Weapons
Endorsed
|
|
|
10.
|
Details of Weapons
|
1
|
2
|
3
|
|
(a)
|
Type
(Rifle/Shot gun/Handgun)
|
|
|
|
|
(b)
|
Bore
|
|
|
|
|
(c)
|
Weapon Number
|
|
|
|
|
|
|
Separate list be attached
for more than three weapons
|
|
11.
|
Ammunition allowed
|
Cartridges
Gun Powder/Percussion Caps
|
|
Other Particulars of the
Applicant
|
|
12
|
Whether the applicant or its
office bearers or directors or responsible person since the issuance/last
renewal have ever been-
|
|
(a)
|
convicted
(attach details in a
separate sheet, if the answer is in affirmative)
|
Y
|
N
|
If yes, details thereof-
Offence
Sentence
Date of sentence DD/MM/YYYY
|
|
(c)
|
prohibited under the Arms
Act, 1959, or any other law from having the arms or ammunition
|
Y
|
N
|
If yes, details thereof-
Date DD/MM/YYYY
Period for which prohibited
|
|
13
|
Whether-
|
|
(a)
|
the applicant's licence
since the issuance or last renewal was ever suspended or cancelled or revoked
|
Y
|
N
|
If yes, details thereof-
Name of the licensing
authority
Reasons
|
|
(b)
|
the licensee has a safe
place to keep the arms and ammunition
|
Y
|
N
|
If yes, details thereof-
|
|
(c)
|
the retainers appointed by
the company have undergone training requirements as specified in Rule 10
(whenever made applicable by
the Central Government)
|
Y
|
N
|
If yes, details thereof-
|
Declaration:
I, ________, the
responsible person (named in Column 4) of ____________________ (company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief.
I understand that in the
event of any information being found false or incorrect at any stage, I
personally as well as the company are liable to be proceeded against and action
taken under the relevant provisions of the Arms Act, 1959, the Arms Rules,
2016, and other central enactments or the law for the time being in force.
Signature with stamp of the
responsible person
signing on behalf of the
company
1.
Constitution of the company be mentioned-
Private
Limited Company; Limited Company; Government undertaking; Society :
Co-operative Society; Institute; University; Partnership Firm; Association of
Persons (AOPs) or any other body under any special act or otherwise etc.
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant company and the
responsible person liable for punishment under Section 30 of the Arms Act,
1959.
Form A-5
(for individuals/teams or groups)
Form of application for an
arms licence in Form VI for temporary import and export of arms and ammunition
|
Part A
(See Rule 44, 45)
|
|
Application by Individuals -
bringing firearms of Category III of Schedule Into India
|
|
1.
|
Name
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Nationality
|
|
|
4.
|
Passport Number
|
|
|
5.
|
VISA particulars for India
|
|
|
6.
|
Date of birth in Christian
era
|
DD/MM/YYYY
|
|
7.
|
Original arms licence number
of the native country with validity
|
DD/MM/YYYY
|
|
8.
|
Present Address (as per
Passport)
|
|
|
|
Telephone (office/residence)
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
9.
|
Purpose of bringing firearm
into India
|
|
|
10.
|
Period of stay in India for
which the licence is sought
|
|
|
11.
|
Estimated date of arrival in
India and port of entry
|
DD/MM/YYYY
|
|
12.
|
Estimated date of departure
from India and port of exit
|
DD/MM/YYYY
|
|
13.
|
Firearms for which the
licence is being sought
|
|
|
|
Type
|
|
|
|
Bore
|
|
|
|
Number
|
|
|
14.
|
Details of
sponsors/organisers in India for the sporting event/tournament
|
|
|
Additional Information in
case of sports teams/groups
|
|
1.
|
Name of the Manager or Group
leader
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Nationality
|
|
|
4.
|
Passport Number
|
|
|
5.
|
VISA particulars for India
|
|
|
6.
|
Place of birth
|
|
|
7.
|
Date of birth in Christian
era
|
DD/MM/YYYY
|
|
8.
|
Present Address
|
|
|
|
(as per Passport)
|
|
|
|
Telephone (office/residence)
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
9.
|
Number of team members
|
|
|
10.
|
Event/Tournament Details
|
|
|
|
Venue
|
|
|
|
Date
|
DD/MM/YYYY
|
|
11.
|
Period for which the licence
is sought
|
|
|
12.
|
Organisers/sponsors in India
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be
proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 2016 and other central enactments or the law for the
time being in force in India.
Signature of
applicant/Group or Team Leader
Place????
Date????
Notes:-
1.
The application may be filed by the
Group/Team leader of sporting team visiting India giving details of individual
team members as specified in Part A along with the additional details given above.
2.
The application may be made in advance to
Indian Consulates/High Commissions for obtaining a licence on the basis of an
approval letter from the Indian organizers/sponsors duly authenticated by
Ministry of Sports and Youth Affairs for sporting events/tournaments to be held
in India.
|
Part B
(See Rule 43)
|
|
Applicable for tourists
visiting India-
Acquisition and possession
(but not use) during the course of his stay in/carrying/export out of India
of category III, IV, V (made in India weapons only)
|
|
1.
|
Name
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Nationality
|
|
|
4.
|
Passport Number
|
|
|
5.
|
VISA details
|
|
|
6.
|
Date of birth in Christian
era
|
DD/MM/YYYY
|
|
7.
|
Present Address (as per
Passport)
|
|
|
|
Telephone (office/residence)
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
8.
|
Date of arrival in India and
port of entry
|
|
|
9.
|
Estimated date of departure
from India and port of exit
|
|
|
10.
|
Weapons for which the
licence is being sought
|
|
|
|
Category (III, IV or V)
|
|
|
|
Type
|
|
|
|
Bore
|
|
|
11.
|
Details of seller/transferee
from whom these weapons are to be procured
|
|
|
|
Name
|
|
|
|
Address
|
|
|
|
UIN
|
|
|
|
Licence Number
|
|
Notes-
1.
Weapon(s) on acquisition are to be produced
before the licensing authority for necessary endorsement on the licence along
with the original invoice/bill/transfer letter.
2.
Every application for the grant of a licence
for export of Category IV arms shall be accompanied by a certificate from the
Director-General of Archaeology of the Central Government to the effect that
the arms intended to be exported do not fall within the definition of
?antiquity? under the Antiquities and Art Treasures Act, 1972 (52 of 1972).
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be
proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 2016 and other central enactments or the law for the
time being in force in India.
Signature of applicant
Place???..
Date???..
Form A-6
(for companies)
Form of application for an
arms licence in Form VII for manufacture and proof test
(See Rule
51)
|
1.
|
Name of the applicant
|
|
|
2.
|
Constitution of the
applicant company
|
|
|
3.
|
Company Identification No.
(CIN)
|
|
|
4.
|
Registered Office Address
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
5.
|
Name of the responsible
person with designation
|
|
|
6.
|
Address of the factory for
manufacture and proof-
|
|
|
testing
|
|
|
Telephone
|
|
|
Mobile No.
|
|
|
E-mail
|
|
|
7.
|
Description of firearms to
be manufactured/proof tested
|
|
|
|
Category
|
|
|
|
Proposed annual capacity
(number)
|
|
|
8.
|
Description of ammunition to
be manufactured/proof tested
|
|
|
|
Category
|
|
|
|
Proposed annual capacity
(Number or weight in kilograms)
|
|
|
9.
|
In case the manufacturer
does not want in-house proof-testing, name of the range or other place for
proof-testing being applied for
|
|
Declaration:
I,________, the responsible
person (named in Column 5) of_____________________(company name), hereby
declare that the above particulars given in the application are true, complete
and correct to the best of my knowledge and belief. I understand that in the
event of any information being found false or incorrect at any stage, I,
personally as well as the company are liable to be proceeded against and action
taken under the relevant provisions of the Arms Act, 1959, the Arms Rules,
2016, and other central enactments or the law for the time being in force.
Signature and stamp of the
responsible officer
signing on behalf of the
company
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Documents to be enclosed as
specified in Rule 53-
A company applying for a
licence in Form VII under these rules will be required to provide-
(a)
original or certified copies of the company's
founding documents including Memorandum and Articles of Association,
Certification of Registration of the Company under the Companies Act, 2013, CIN
(Corporate Identification Number), proof of address of its registered office,
PAN card and certified lists of directors and shareholders as on the date of
application;
(b)
copy of Director Identification Numbers (DIN)
of all the directors;
(c)
identification proof (Passport or PAN card or
Voter's identification card) along with 2 recent photographs of all the
directors and the responsible person as defined in clause (44) of Rule 2;
(d)
copy of Aadhar Card of all the directors and
responsible person;
(e)
residence proof (Passport or Voter's
identification card or electricity bill or landline telephone bill or rent deed
or lease-deed or any other document to the satisfaction of the licensing
authority of all the directors and responsible person);
(f)
copy of the latest balance sheet of the
company and audited copy of Net-worth Certificate duly certified by a Chartered
Accountant;
(g)
estimated project outlay and means of finance
for funding the project duly certified by a Chartered Accountant;
(h)
certified copy of the board resolution for
filing the application under the arms rules along with full particulars of the
responsible person authorised to sign the same;
(i)
details of foreign control and/or ownership
in the applicant company, as applicable, duly certified by a Chartered
Accountant.
Form A-7
Form of application for an
arms licence in
Form VII-A - for
manufacture of arms of Category V of Schedule I
Form VII-B - for
manufacture of replicas of firearms
Form VII-C - for
manufacture of air weapons
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Company/Individual
|
|
|
3.
|
P.A.N./C.I.N
|
|
|
4.
|
Business address
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
5.
|
Name of the responsible
person
|
|
|
6.
|
Address of the factory for
manufacture of Category V arms or manufacture of replicas of firearms or air
weapons
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
7.
|
Description of arms/replicas
of firearms/air weapons to be manufactured
|
|
|
|
Category
|
|
|
|
Proposed Annual Capacity
(Number)
|
|
Declaration:
I, ________________,
(Individual or the responsible person named in Column 5) of ???(company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief. I understand that
in the event of any information being found false or incorrect at any stage, I
personally as well as the company are liable to be proceeded against and action
taken under the relevant provisions of the Arms Act, 1959, the Arms Rules,
1962, and other central enactments or the law for the time being in force.
Signature of the Individual
applicant
Or
Signature and stamp of the
responsible person signing
on behalf of the applicant
company
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Documents to be enclosed in
case of fresh application
(a)
Firm and its Partners
A firm
and its partners applying for a licence in Form VII-A, Form VII-B or Form VII-C
under these rules will be required to provide-
(a)
proof of the identity of the partners and of
all the persons, the applicant firm proposes to employ in the business,
including names, physical and recent photographs.
(b)
medical certificate;
(c)
information on the arms of Category V of
Schedule I or replicas of firearms to be manufactured or air weapons, including
types and quantities;
(d)
proof that the firm meets the standards for
protection of proprietary and classified information, as applicable;
(b)
Company
A
company applying for a licence in Form VII-A, Form VII-B or Form VII-C under
these rules will be required to provide-
(a)
original or certified copies of the company's
founding documents, articles of incorporation or other proof of licensed
business;
(b)
information on the arms of Category V of
Schedule I or replicas of firearms or air weapons to be manufactured, including
types and quantities;
(c)
proof that the company meets the standards
for protection of proprietary and classified information, as applicable; and
(d)
information on foreign control and/or
ownership in the applicant company, as applicable. The company is also required
to provide;
(e)
the identity of the company's officers;
(f)
the identity of the person who will be
responsible for the day to day management of the manufacturing facility
(responsible person); and
(g)
proof of the identity of the responsible
person, including name, physical address and recent photograph.
Form A-8
Part I
Form of application for an
arms licence in Form VIII for arms and ammunition dealers
(See Rule
73)
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Company/Individual
|
|
|
3.
|
Business Address (Shop)
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
4.
|
Name of the responsible
person
|
|
|
|
5.
|
Category of licence applied
for-
|
Dealer Licence
|
|
|
|
|
Deposit of Arms
|
|
|
6.
|
Description of firearms to
be sold or kept for sale
|
|
|
|
7.
|
Description of ammunition to
be sold or kept for sale
|
|
|
|
8.
|
Description of arms and
ammunition to be deposited under Section 21 of the Act or for safe custody
under Rule 48
|
|
|
Declaration:
I, _______________, the Prop./Partner/Director/Responsible
Person of_________ (company name), hereby declare that the above particulars
given in the application are true, complete and correct to the best of my
knowledge and belief. I understand that in the event of any information being
found false or incorrect at any stage, I as well as the company are liable to
be proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 2016, and other central enactments or the law for
the time being in force.
|
Place___________
Date____________
|
Signature of the
applicant
|
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
List of documents to be
submitted at the time of application and subsequent renewal thereof-
(1)
A written declaration along with certified
copies of drawings stating that the applicant has facilities available of a
strong room for the safe custody of the firearms and ammunition;
(2)
A written undertaking in support of the
application with specific reference to the steps which are contemplated in
connection with the safe custody of the firearms and ammunition including
provision for entry access control, close circuit television system, security
guard, fire fighting devices etc.;
(3)
Verification forms containing the names and
addresses of every person authorised to trade on behalf the dealer applicant at
the premises, who must possess the requisite training for safe handling of
firearms as specified in Rule 10.
Form A-8
Part II
Form of application for an
arms licence in Form VIII-A for Air weapon dealers
(See Rule
84, 85)
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Company/Individual
|
|
|
3.
|
Business Address (Shop)
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
4.
|
Name of the responsible
person
|
|
|
5.
|
Description of air weapons
to be sold or kept for sale
|
|
|
6.
|
Description of ammunition
for air weapons to be sold or kept for sale
|
|
Declaration:
I, _________, the
Prop./Partner/Director/Responsible Person of _____________(company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief. I understand that
in the event of any information being found false or incorrect at any stage, I
as well as the company are liable to be proceeded against and action taken
under the relevant provisions of the Arms Act, 1959, the Arms Rules, 2016, and
other central enactments or the law for the time being in force.
|
Place___________
Date____________
|
Signature of the
applicant
|
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Form A-9
Form of application for an
arms licence in Form IX or IX-A for accredited gunsmiths
(See Rules
77 and 78)
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Company/Individual
|
|
|
3.
|
Business Address
(Shop/Factory)
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
4.
|
Name of the responsible
person
|
|
|
5.
|
Professional qualification
of the individual applying to act as a gunsmith or of the employees of the
company applying for a gun smith licence (applicable for a licence in Form IX
only)
|
|
|
6.
|
Description of firearms to
be converted, shortened or repaired (major repair under licence in Form IX)
|
|
|
7.
|
Description of firearms to
be repaired (minor repair under licence in Form IX-A)
|
|
|
7.
|
Description of firearms or
parts of firearms to be stored
|
|
|
8.
|
Description of ammunition to
be stored for testing
|
|
Declaration:
I, ______________, the
proprietor/partner/director/responsible person of____________ (company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief. I understand that
in the event of any information being found false or incorrect at any stage, I
as well as the company are liable to be proceeded against and action taken
under the relevant provisions of the Arms Act, 1959, the Arms Rules, 2016, and
any other law for the time being in force.
|
Place___________
Date____________
|
Signature of the
applicant
|
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
List of documents to be
submitted at the time of application and subsequent renewal thereof-
(1)
A written declaration along with certified
copies of drawings stating that the applicant has facilities available of a
strong room for the safe custody of the firearms and ammunition;
(2)
A written undertaking in support of the
application with specific reference to the steps which are contemplated in
connection with the safe custody of the firearms and ammunition including
provision for entry access control, close circuit television system, security
guard, fire fighting devices etc.;
(3)
Verification forms containing the name and
address of every person authorised to carry out conversion, shortening or
repair (major) on behalf the gunsmith at the premises, who must possess the
requisite qualifications as specified under Rule 78.
[Form A-10
Form of Application for an
Arms Licence in Form X for Import, Transport in Transit and Import for
Re-Export
(See rules 87, 88, 89 and 92)
IDENTITY OF THE APPLICANT
|
(1)
|
(2)
|
(3)
|
|
1.
|
Name of the applicant
|
|
|
2.
|
UIN
|
|
|
3.
|
Description of arms licence
already held and number thereof
|
|
|
4.
|
Nomenclature Individual/Company
|
|
|
5.
|
Business Address
|
|
|
Telephone
|
|
|
Mobile No.
|
|
|
E-mail
|
|
|
6.
|
Name of the responsible
person
|
|
|
7.
|
Category of licence applied
for -
|
IMPORT
TRANSPORT IN TRANSIT
IMPORT FOR RE-EXPORT
|
|
8.
|
Category of arms or
ammunition as per Schedule I for which the licence is sought
|
|
|
9.
|
Number of packages
|
|
|
10.
|
Description and quantity of
arms forming part of the consignment for which the licence is sought
|
|
|
HS Code
|
|
|
11.
|
Description and quantity or weight
of ammunition forming part of the consignment for which the licence is sought
|
|
|
HS Code
|
|
|
12.
|
Port of Import
|
|
|
13.
|
Port of Export
|
|
|
14.
|
Port of Import and Re-Export
(with route of transport)
|
|
|
15.
|
Place of destination and
route of consignment to be imported
|
|
|
16.
|
Estimated time likely to be
taken for the shipment/journey
|
|
|
17.
|
Name, description and
address of consignee for Import
|
|
Declaration:
I,
_____________________________, the proprietor/partner/director/responsible
person of ______________________ (the company), hereby declare that the above
particulars given in the application are true, complete and correct to the best
of my knowledge and belief. I understand that in the event of any information
being found false or incorrect at any stage, I personally as well as the
company are liable to be proceeded against and action taken under the relevant
provisions of the Arms Act, 1959, the Arms Rules, 2016, and other central
enactments or the law for the time being in force.
Signature of the applicant
Place ___________________
Date ____________________
Form A-10-A
Form of Application for an
Arms Licence in Form X for Export, Export for Re-Import and Transport
(See rules 87,
90, 91 and 92)
IDENTITY OF THE APPLICANT
|
(1)
|
(2)
|
(3)
|
|
1.
|
Name of the applicant
|
|
|
2.
|
UIN
|
|
|
3.
|
Description of arms licence
already held and number thereof
|
|
|
4.
|
Nomenclature
Individual/Company
|
|
|
5.
|
Business Address
|
|
|
Telephone
|
|
|
Mobile No.
|
|
|
E-mail
|
|
|
6.
|
Name of the responsible
person
|
|
|
7.
|
Category of licence applied
for -
|
Export
Export for Re-import and
Transport
|
|
8.
|
Category of arms or
ammunition as per Schedule I for which the licence is sought
|
|
|
9.
|
Number of packages
|
|
|
10.
|
Description and quantity of
arms forming part of the purchase order for which the licence is sought
|
|
|
HS Code
|
|
11.
|
Description and quantity or
weight of ammunition forming part of the purchase order for which the licence
is sought
|
|
|
HS Code
|
|
12.
|
Port of Import
|
|
|
13.
|
Port of Export
|
|
|
14.
|
Port of Export and Re-Import
|
|
|
15.
|
Place of dispatch and route
of consignment to be exported
|
|
|
16.
|
Estimated time likely to be
taken for the shipment/journey
|
|
|
17.
|
Name, description and
address of consignee for export
|
|
Declaration:
I, _______________________,
the proprietor/partner/director/responsible person of
__________________________ (the company), hereby declare that the above
particulars given in the application are true, complete and correct to the best
of my knowledge and belief. I understand that in the event of any information
being found false or incorrect at any stage, I personally as well as the
company are liable to be proceeded against and action taken under the relevant
provisions of the Arms Act, 1959, the Arms Rules, 2016, and other central enactments
or the law for the time being in force.
Signature of the applicant
Place __________________
Date ___________________]
Form A-11
Form of application for
journey licence in Form XI for carrying of arms and ammunition
|
Application for Journey
Licence
|
|
1.
|
Name
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
UIN
|
|
|
4.
|
Address as per licence in
Form III
|
|
|
|
Mobile No.
|
|
|
5.
|
Licence No.
|
|
|
6.
|
Validity of the licence up
to
|
DD/MM/YYYY
|
|
7.
|
Area validity as per licence
in Form III
|
|
|
8.
|
Mode of Journey
(Road/Rail/Air)
|
|
|
9.
|
Names of States likely to be
visited during the journey
|
|
|
10.
|
Period which the journey is
likely to occupy
|
|
|
11.
|
Description of arms endorsed
on licence which the applicant wishes to carry during journey
|
Weapon Type-
Weapon Number-
|
|
12.
|
Description of ammunition
endorsed on licence which the applicant wishes to carry during journey
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be
proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 1962, and other central enactments or the law for
the time being in force.
Signature/Thumb -
impression of applicant
Place?????
Date????..
Form A-12
Form of application for
transport licence in Form XII
(See Rule
96)
|
Application for Transport
Licence
|
|
1.
|
Consignor details
(Manufacturer/Dealer etc.)
|
|
|
|
UIN
|
|
|
|
Address as per licence
|
|
|
|
Licence No.
|
|
|
|
Validity of the licence up
to
|
DD/MM/YYYY
|
|
2.
|
Consignee details
|
|
|
|
UIN
|
|
|
|
Address as per licence
|
|
|
|
Licence No.
|
|
|
|
Validity of the licence up
to
|
DD/MM/YYYY
|
|
3.
|
Place of dispatch
|
|
|
4.
|
Place of destination
|
|
|
5.
|
Mode of transport
(Road/Rail/Air)
|
By hand personally
|
|
6.
|
Names of States likely to be
covered during transportation
|
|
|
7.
|
Probable period of
transportation
|
Maximum three months
|
|
8.
|
Description of arms to be
transported
|
Weapon Type-
Weapon Number-
|
|
9.
|
Description of ammunition to
be transported
|
|
|
10.
|
Details of the previous
sanction of the concerned authority required under Rule 98
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to the
best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be
proceeded against and action taken under the relevant provisions of the Arms
Act, 1959, the Arms Rules, 2016, and other central enactments or the law for
the time being in force.
Signature/Thumb -
impression of the applicant
Place??????
Date???????.
Form A-13
Form of application for an
arms licence in Form XIV for transporter's licence
(See Rule
101)
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Individual/Company
|
|
|
3.
|
Date of inception of
transportation business
|
|
|
4.
|
Registered Office Address
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
5.
|
Name of the responsible
person
|
|
|
6.
|
Description of firearms to
be transported
|
|
|
7.
|
Description of ammunition to
be transported
|
|
|
8.
|
Number of branch offices or
representative offices in India
|
|
|
9.
|
Number of employees engaged
in transportation business
|
|
|
10.
|
Particulars of the fleet
maintained by the transporter
|
|
Declaration:
I, ________________, the
Proprietor/partner/director/responsible person of____________(company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief. I understand that
in the event of any information being found false or incorrect at any stage, I
personally as well as the company are liable to be proceeded against and action
taken under the relevant provisions of the Arms Act, 1959, the Arms Rules,
2016, and other central enactments or the law for the time being in force.
|
Place___________
Date____________
|
Signature of the
applicant
|
Form A-14
Form of application for a
licence in Form XV for firearm free zone
(See Rule
46)
|
1.
|
Name of the applicant
|
|
|
2.
|
Nomenclature
Individual/Company/Others
|
|
|
3.
|
Date of inception of
business
|
|
|
4.
|
Nature of business or
activity carried out
|
|
|
4.
|
Address
|
|
|
|
Telephone
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
5.
|
Name of the responsible
person in case the applicant is a company
|
|
|
6.
|
Description of the Area to
be declared as Firearm Free Zone
(enclose site plan and mark
in red the area to be declared as firearm free zone)
|
|
|
7.
|
Reasons for applying for the
premises to be declared as fire-arm free zone
|
1.
2.
3.
|
|
8.
|
Number of surveillance staff
employed at the premises to be declared as firearm free zone
|
|
Declaration:
I, _____________, the
proprietor/partner/director/responsible person of _____________(company name),
hereby declare that the above particulars given in the application are true,
complete and correct to the best of my knowledge and belief. I understand that
in the event of any information being found false or incorrect at any stage, I
personally as well as the company are liable to be proceeded against and action
taken under the relevant provisions of the Arms Act, 1959, the Arms Rules,
2016, and other laws for the time being in force.
|
Place___________
Date____________
|
Signature of the
applicant
|
SUPPLEMENTARY FORMS
Form B-1
Application for registration
with an outside licensing authority
(See Rule
17)
Part A
|
IDENTITY OF THE APPLICANT
|
|
1.
|
UIN
|
|
|
2.
|
Name
|
|
|
3.
|
Parent/Spouse Name
|
|
|
4.
|
Place of birth (Nativity)
|
|
|
5.
|
Date of birth in Christian
era
|
|
|
|
in figures DD/MM/YYYY
|
|
|
|
In words
|
|
|
6.
|
Present Address
|
|
|
|
|
|
|
|
Telephone (Office/Residence)
|
|
|
|
Mobile No.
|
|
|
|
E-mail
|
|
|
|
Nearest Police Station
|
|
|
7.
|
Address as appearing on the
licence
|
|
|
|
Nearest Police Station
|
|
|
8.
|
Occupation
|
|
|
9.
|
Period of stay in the local
jurisdiction
|
|
Part B
|
Existing licence particulars
and weapon endorsements
|
|
10.
|
Licence Number
|
|
|
11.
|
Issuing Authority
|
|
|
12.
|
Last Renewing Authority
|
|
|
13.
|
Date of expiry
|
|
|
14.
|
Area Validity
|
|
|
15.
|
Weapons Endorsed
|
Weapon 1
|
Weapon 2
|
Weapon 3
|
|
|
Type [Rifle/Shot Gun/Hand
Gun (Rev/Pistol)]
|
|
|
|
|
|
Bore
|
|
|
|
|
|
Weapon Number
|
|
|
|
|
16.
|
Ammunition allowed
|
Cartridges Gun
Powder/Percussion Caps
|
|
|
17.
|
Mention restriction on sale
of weapon, if any
|
|
|
18.
|
Details of additional
licensees under Rule 20, if any
|
|
|
|
Additional Licensee No. l
|
|
|
Name
|
|
|
|
Father's/Spouse Name
|
|
|
|
Licence No.
|
|
|
|
Additional Licensee No. 2
|
|
|
Name
|
|
|
|
Father's/Spouse Name
|
|
|
|
Licence No.
|
|
|
|
|
|
|
|
Part C
|
Other Particulars of the
Licensee
|
|
19.
|
Whether the licensee, since
the last renewal/issuance of licence has been-
|
|
|
(a)
|
convicted - if so, the
offence (s), the sentence and date of sentence
|
|
|
(b)
|
ordered to execute a bond
under Chapter VIII of Code of Criminal Procedure, 1973 (2 of 1974) for
keeping the peace or for good behavioir- if so,- when and for what period
|
|
|
(c)
|
prohibited under the Arms
Act, 1959, or any other law from having the arms/ammunition
|
|
|
20.
|
Whether-
|
|
|
(a)
|
the applicant's licence
since last renewal/issuance was ever suspended or cancelled/revoked - if so,
when and by whom and on what account
|
|
|
(b)
|
any other member of the
applicant's family is in
possession of any arms
licence, if so, particulars
thereof
(other than additional
licenses vide Para 18)
|
|
|
(c)
|
the applicant has a safe
place to keep the arms
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be proceeded
against and action taken under the relevant provisions of the Arms Act, 1959,
the Arms Rules, 2016, and laws for the time being in force.
Signature/Thumb -
impression of applicant
Place????
Date????
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Form B-2
Application for allied
services related to licences issued in Form II, III and IV
Part A
|
IDENTITY OF THE LICENSEE
|
|
1.
|
Name of the licensee
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Present Address
|
|
|
|
|
District
|
State
|
|
|
Telephone Number
|
Office
|
Residence
|
|
|
Mobile Number
|
|
|
|
Nearest Police Station
|
|
|
4.
|
UIN
|
|
|
5.
|
Licence Number Date of
Expiry
|
DD/MM/YYYY
|
|
6.
|
Area validity of the licence
|
|
|
7.
|
Firearms endorsed on the
licence
|
Weapon 1
|
Weapon 2
|
Weapon 3
|
|
|
Type
(Rifle/Shot Gun/Hand Gun)
|
|
|
|
|
|
Bore/Caliber
|
|
|
|
|
|
Weapon Number
|
|
|
|
|
|
|
|
|
|
Part B
|
Acquisition of a Firearm
|
|
1.
|
Type of firearm to be
acquired (Rifle/Shot Gun/Hand Gun/Others)
|
|
|
2.
|
Reason for acquisition of
firearm
|
|
|
3.
|
Claims for special
consideration for acquisition of additional firearm
|
|
Part C
|
Endorsement of firearms on
the licence
(See Rule 18)
|
|
A
|
Acquisition of firearm
|
|
|
(a)
|
Validity of permission to
acquire
|
DD/MM/YYYY
|
|
(b)
|
Date of acquisition of
firearm
|
DD/MM/YYYY
|
|
B
|
Acquisition from
manufacturer or arms dealer
|
|
|
(a)
|
Name of the vendor
|
|
|
(b)
|
UTN of the vendor
|
|
|
(c)
|
Invoice number
|
|
|
(d)
|
Invoice date
|
DD/MM/YYYY
|
|
C
|
Acquisition from another
licensee
|
|
|
(a)
|
Name of the transferor
licensee
|
|
|
(b)
|
Parent/Spouse Name
|
|
|
9
|
UIN
|
|
|
10
|
Licence number
|
|
|
11
|
Validity period of licence
|
DD/MM/YYYY
|
|
12
|
Details of permission to
sell obtained by transferor
|
DD/MM/YYYY
|
|
|
Name of the licensing
authority
|
|
|
|
Reference No.
|
|
|
|
Date
|
DD/MM/YYYY
|
|
|
Expiry date (if any)
|
DD/MM/YYYY
|
|
D
|
Details to be furnished in
case acquisition of firearm is made from any place not covered under the area
validity of the licence of the applicant
|
|
|
13
|
Reference No. of NOC issued
by the licensing authority under Rule 98
|
|
|
|
Date of NOC
|
DD/MM/YYYY
|
|
|
Validity of NOC
|
DD/MM/YYYY
|
|
14
|
Transport Licence Number
Issued in Form XII
|
|
|
|
Name of the issuing
authority of transport licence
|
|
|
|
Date of transport licence
|
DD/MM/YYYY
|
|
|
Validity period of transport
licence
|
DD/MM/YYYY
|
|
E
|
Details of firearms to be
endorsed
|
|
|
15
|
Type of firearm
(Hand Gun/Shot Gun/Rifle)
|
|
|
|
Make of firearm
|
|
|
|
Caliber/bore
|
|
|
|
Serial Number of firearm
|
|
|
List of documents to be
enclosed
|
|
1
|
Original Invoice (refer Para
B)
|
|
2
|
Sale confirmation from the
transferor licensee (refer Para C)
|
|
3
|
No objection certificate and
transport licence (refer Para D)
|
|
4
|
Coloured photograph of the
firearm acquired showing the serial number of the firearm (refer Para E)
|
|
Note : The licensing
authority may require the licensee to get the physical inspection of the
firearm before endorsement of the same on the licence.
|
Part D
|
Permission to sell or
transfer firearm or ammunition under Section 5 of the Arms Act, 1959
|
|
1.
|
Details of firearm to be
sold or transferred
|
|
|
|
Type of firearm (Rifle/Shot
Gun/Hand Gun)
|
|
|
|
Bore/Caliber
|
|
|
|
Weapon Number
|
|
|
2.
|
Details of ammunition to be
sold or transferred
|
|
|
|
Bore/caliber of ammunition
|
|
|
|
Quantity of ammunition
|
|
|
3.
|
Reason for sale or transfer
of firearm or ammunition
(defective condition of the
firearm/economic reason/any other reason)
|
|
|
4.
|
Particulars of the purchaser
or transferee to whom the firearm or ammunition is to be sold or transferred
|
|
|
|
If to be sold or transferred
to another licensee
|
|
|
(a)
|
Name of the prospective
buyer or transferee
|
|
|
(b)
|
Address of the prospective
buyer or transferee
|
|
|
(c)
|
UIN
|
|
|
(d)
|
Licence Number
|
|
|
(e)
|
Validity of licence
|
DD/MM/YYYY
|
|
(f)
|
Validity of purchase period
|
DD/MM/YYYY
|
|
|
If to be sold to an
authorised arms and ammunition dealer
|
|
|
(a)
|
Name of the dealer
|
|
|
(b)
|
Address of the dealer
|
|
|
(c)
|
UIN
|
|
|
This may be treated as the
mandatory notice under clause (b)
of sub-section (2) of Section 5 of the Arms Act, 1959
|
Part E
|
Deletion of Firearms or
Ammunition from the licence
|
|
1.
|
Detail of firearm sold or
transferred
|
|
|
|
Type of firearm (Rifle/Shot
Gun/Hand Gun)
|
|
|
|
Bore/Caliber
|
|
|
|
Weapon Number
|
|
|
2.
|
Details of ammunition sold
or transferred
|
|
|
|
Bore/caliber of ammunition
|
|
|
|
Quantity of ammunition
|
|
|
3.
|
Details of permission to
sell granted
|
|
|
|
Reference Number
|
|
|
|
Date
|
DD/MM/YYYY
|
|
4.
|
Particulars of the purchase
or transferee
|
|
|
(a)
|
In case sold to an arms
dealer
|
|
|
|
Name and address of the arms
and ammunition Dealer
|
|
|
|
UIN
|
|
|
|
Serial No. of certificate of
acquisition
|
|
|
|
Date of the certificate of
acquisition
|
DD/MM/YYYY
|
|
(b)
|
In case sold to another
licensee
|
|
|
5.
|
Name of the purchaser or
transferee
|
|
|
|
UTN
|
|
|
|
Licence number
|
|
|
|
Validity of licence
|
|
|
|
Validity of permission to
acquire possessed by the transferee
|
DD/MM/YYYY
|
|
List of documents to be
enclosed
|
|
1. Acquisition certificate
of the arms dealer; or
|
|
2. Written confirmation from
the purchaser or transferee along with the signed copy of his licence
|
Part F
|
Extension of time limit for
acquisition of firearm
(See Rule 18)
|
|
1
|
Date of grant of permission
to acquire firearm
|
DD/MM/YYYY
|
|
2
|
Date of expiry of permission
to acquire firearm
|
DD/MM/YYYY
|
|
3
|
Period of validity of the licence
|
DD/MM/YYYY
|
|
4
|
Reasons for not been able to
acquire the firearm within the stipulated period
|
|
|
5
|
Details of the firearm to be
acquired for which extension is being sought
|
|
|
6.
|
Any other claims for special
consideration
|
|
Declaration:
I hereby declare that the
above particulars given in the application are true, complete and correct to
the best of my knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, I am liable to be proceeded
against and action taken under the relevant provisions of the Arms Act, 1959,
the Arms Rules, 2016, and other laws for the time being in force.
Signature/Thumb -
impression of applicant
Place????.
Date?????.
Warning:
Suppression of any factual
information or furnishing of any false or wrong information in the Application
Form in violation of arms rules will render the applicant liable for punishment
under Section 30 of the Arms Act, 1959.
Form B-3
Application for
addition/deletion of retainer
(See Rule
22)
|
For companies
To be filled in separately
for every addition or deletion
|
|
1.
|
Name of the licensee company
|
|
|
2.
|
UIN
|
|
|
3.
|
Licence number
|
|
|
4.
|
Validity of the licence
|
DD/MM/YYYY
|
|
5.
|
Details of weapons endorsed
on the licence
|
1.
2.
3.
|
|
6.
|
Retainer details
|
|
|
(a)
|
Name of the retainer
|
|
|
(b)
|
Parent/Spouse Name
|
|
|
(c)
|
Date of birth
|
DD/MM/YYYY
|
|
(d)
|
Date since employed with the
organisation
|
DD/MM/YYYY
|
|
(e)
|
Present address
|
|
|
(f)
|
Nearest Police Station
|
|
|
(g)
|
Tele/Mobile Number(s)
|
|
|
(h)
|
Permanent address
|
|
|
(i)
|
Nearest police station
|
|
|
Date
___________________
|
___________________
(Signature the
licensee)
___________________
(Signature the
retainer)
|
Form B-4
Application for additional
licensees under licence in Form III
(See Rule
20)
(to be filed along with Form A-1)
Part A
|
IDENTITY OF THE PARENT
LICENSEE
|
|
1.
|
Name of the licensee
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Present address
|
|
|
|
|
District
|
State
|
|
|
Telephone Number
|
Office
|
Residence
|
|
|
Mobile Number
|
|
|
|
Nearest Police Station
|
|
|
4.
|
UIN
|
|
|
5.
|
Licence number
Date of expiry
|
DD/MM/YYYY
|
|
6.
|
Area validity of the licence
|
|
|
7.
|
Firearms endorsed on the
licence
|
Weapon 1
|
Weapon 2
|
Weapon 3
|
|
|
Type
(Rifle/Shot Gun/Hand Gun)
|
|
|
|
|
|
Bore/Caliber
|
|
|
|
|
|
Weapon Number
|
|
|
|
|
|
|
|
|
|
Part B
|
Identity of the First
Additional Licensee
|
|
1.
|
Name of the first additional
licensee
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Relationship with parent
licensee
|
|
|
4.
|
Present Address
|
|
|
|
|
District
|
State
|
|
|
Telephone Number
|
Office
|
Residence
|
|
|
Mobile Number
|
|
|
|
Nearest Police Station
|
|
|
5.
|
Firearms to be endorsed on
the additional licence
|
Weapon 1
|
Weapon 2
|
Weapon 3
|
|
|
Type
(Rifle/Shot Gun/Hand Gun)
|
|
|
|
|
|
Bore/Caliber
|
|
|
|
|
|
Weapon number
|
|
|
|
|
|
|
|
|
|
Part C
|
Identity of the Second
Additional Licensee
|
|
1.
|
Name of the second additional
licensee
|
|
|
2.
|
Parent/Spouse Name
|
|
|
3.
|
Relationship with parent
licensee
|
|
|
4.
|
Present Address
|
|
|
|
|
District
|
State
|
|
|
Telephone Number
|
Office
|
Residence
|
|
|
Mobile Number
|
|
|
|
Nearest Police Station
|
|
|
5.
|
Firearms to be endorsed on
the Additional Licence
|
Firearm 1
|
Firearm 2
|
Firearm 3
|
|
|
Type
(Rifle/Shot Gun/Hand Gun)
|
|
|
|
|
|
Bore/Caliber
|
|
|
|
|
|
Number
|
|
|
|
|
|
|
|
|
|
Declaration.-
I, hereby declare that, the
person(s) being appointed as additional licensee reside with me at the my
registered address as mentioned in my licence in Form III and fall within the
definition of close relatives as given under Rule 20. In case any of the
additional licensees shifts temporarily or permanently from my premises, it
will be my responsibility to furnish the information to the licensing authority
for cancellation of the licence of such additional licensee.
Place
(Signature of the parent
licensee)
Date
Form S-1
Standard format of training
certificate
[See Rule
10(1)]
To
The Licensing Authority,
______________________
Training Certificate
This is to certify the
person whose particulars are furnished below has completed the training as
stipulated under Rule 10(1) of the Arms Rules, 2016-
|
1
|
Name of the person
|
|
|
2
|
Father's Name/Spouse Name
|
|
|
3
|
Residential address
|
|
|
4
|
Age and date of birth
|
|
|
5
|
Training period undergone
|
From//To//
|
|
6
|
Details of firearms for
which training has been
imparted
(please specify)
|
1. Handguns
2. Rifle
3. Shotguns
4. Air weapons
|
|
7
|
Purpose of training (please
specify)
|
1. Application for arms
licence
2. Employ with arms dealer
3. Employ with manufacturer
4. Others
|
The training curriculum
included the following modules:
(a)
basic arms and ammunition safety practices,
including safe handling and carry procedures;
(b)
firing techniques and procedures;
(c)
care of arms and ammunition;
(d)
safe storage and transportation of arms and
ammunition.
The person named above was
also imparted reasonable working knowledge of important provisions of the Arms
Act, 1959 and Arms Rules, 2016 relevant to him and made to understand
responsibilities of the arms owner or user particularly, in relation to
children.
|
Date
Place
|

|
Signatures of
the Certifying Person
|
Form S-2
Standard format of undertaking
for safe storage of firearms
[See Rule
10(4)]
To
The Licensing Authority,
____________________
Undertaking
This is to solely affirm
and declare that-
1.
I have applied for grant of a new arms
licence/renewal of arms licence (bearing number ???? and my UTN
is_____________________)
2.
I undertake to practice safe storage of the
firearm (in knocked down condition) when I am not carrying the firearm(s) with
me.
3.
I undertake to educate the children about the
dangers of interacting with arms and ammunition.
4.
I have the capacity to store the firearm
safely and securely in a safe or steel almirah in order to minimize the risk
that it could be stolen or accessed by someone else.
It is hereby solely
affirmed that the declaration made above is true to the best of my knowledge
and belief and if at any subsequent date, if any of the said declarations is
found false or incorrect, I shall be liable for the same including cancellation
or revocation of my licence and subject to penal provisions under the Arms Act,
1959.
|
Place___________
Date____________
|
(Signatures of
the Applicant/Licensee)
|
Note.-Enclose proof of safe storage as mentioned at Sl. No.
4.
Form S-3
Standard format of medical
certificate
[See clause
(g) of sub-rule (4) of Rule
11)]
(On the letter head of the medical practitioner)
This is to certify that I
have carefully examined the person whose particulars are furnished below-
|
1
|
Name of the person examined
|
|
|
2
|
Father's Name/Spouse Name
|
|
|
3
|
Residential address
|
|
|
4
|
Age and date of birth
|
|
|
5
|
Height
|
|
|
6
|
Weight (in Kgs)
|
|
|
7
|
Blood pressure (please
specify)
|
|
|
8
|
Deformity, if any
(particularly in upper limbs)
|
|
|
9
|
Any other observation
|
|
On the basis of
examination, it is certified that the person examined as mentioned in column 1
above-
1.
is in good physical health and is free from
any physical deformity;
2.
has been found to be of stable mental
condition and is not inclined to violence;
3.
as been found not dependent on any substance
which has an intoxicating or narcotic effect.
Signature of the person
examined named in column (1)________________________
Signature of the medical
practitioner__________________________
Registration
Number__________________________________
SEAL
Form S-4
Standard format of police
report
(See Rule
14)
DRAFT COVERING LETTER
Office of the
DM/Commissioner of Police
Ref. No.________________ Date
: ________________
To
The Station House Officer,
Police Station
_________________,
________________
Sub. : Report under Section 13(2) of Arms Act, 1959 of
the officer in charge of the nearest police station (of present address of the
applicant) on application for grant of arms license or renewal of an arms
licence
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Sl. No.
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Particulars
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Contents
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1
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Name of the applicant
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Mr./Mrs./Messrs
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2
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Nature of licence applied
for (fresh applications)
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3
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Licence No. (renewal
application)
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4
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Address of the applicant
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Note.-As per provisions of
Section 13(2) of Arms Act, 1959, on receipt of an application, the licensing
authority shall call for the report from the officer-in-charge of the nearest
police station on the application and such officer shall send his report within
the prescribed time. Accordingly the report be sent in the format attached here
within 30 days.
For DM/CoP
Enclosures : Copy of application form (original)/renewal form
along with enclosures
ANTECENDENT VERIFICATION REPORT
(TO BE FILLED IN BY THE POLICE DEPARTMENT)
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1.
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Name of the applicant
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2.
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Father/Spouse Name
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3.
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Present address
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Nearest police station of
the present address
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4.
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Whether the applicant has
ever been convicted?
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Yes
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No
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(a)
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If so, the offence(s) the sentence
and date of sentence
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(b)
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Ordered to execute a bond
under Chapter VII of Code of Criminal Procedure, 1973 (2 to 1974) for keeping
the peace or for good behaviour.
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Yes
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No
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(c)
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If so, when and for what
period?
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Prohibited under the Arms Act,
1959, or any other law from acquiring, having in his possession or carrying
any arms or ammunition
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If yes, the details thereof
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5.
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Has the applicant any
serious enmity or quarrel which is likely to lead to a breach of peace? If
yes, Give details
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Yes
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No
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6.
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Has the address and date of
birth of the applicant been verified? Give details.
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Yes
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No
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7.
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Has the profession/business
of the applicant been verified? Give details.
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Yes
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No
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8.
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Is any complaint registered
against applicant in the Police Station? If so, give details.
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Yes
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No
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9.
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Is the applicant
involved in any criminal case? If so, give details.
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Yes
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No
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10.
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Has applicant
been arrested in any criminal case? If so, give details.
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Yes
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No
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11.
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Is applicant's
name enlisted in police station's bad character register? If so, give details
according to the records of police station?
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Yes
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No
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12.
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Is applicant's
name appears in any case registered by other department of Government of
India such as CBI, Narcotics Control Bureau, DRI, Enforcement Directorate
etc. which finds mention in the Daily Diary Register of the police station
(summons, warrants etc.). If so, give details.
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Yes
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No
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13.
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Has the
applicant registered a complaint in Police Station regarding threat to life?
If so, give details.
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Yes
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No
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14.
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Detail of any political or
communal organisation of which the applicant is a member.
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Certified that, I have
checked the contents of the application form for grant of arms licence
submitted by the applicant.
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Dated:
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Signatures
SHO
Police Station
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SCHEDULE IV
(See Rule
27)
Table A
Fees payable for licences
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PART I
LICENCES ISSUED UNDER
SECTION 3 FOR ACQUISTION AND POSSESSION
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Sl. No.
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Licence Form No.
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Licence Fee at the time of
grant of licence (in Rs.)
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Renewal fee for each
subsequent year (in Rs.)
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1
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2
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3
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4
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1.
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I
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2000
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1000
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2.
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II
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1000
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1000
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3.
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III, IV, V
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(a)
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Handguns ?
Revolvers/Pistols
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1000
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500
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(both restricted or
permissible)
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(b)
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Centre fire rifles
(semi-automatic) and any other restricted firearm of Category I(b) or I(c)
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1000
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1000
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(c)
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Breach loading
centre fire rifles
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1000
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500
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(not semi-automatic)
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(d)
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.22 bore rim-fire Rifles
(including semi-automatic)
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1000
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500
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(e)
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Smooth bore breech loading
shotguns (including semi-automatic)
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1000
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500
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(f)
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Air Weapons including air
rifles and air guns having muzzle energy exceeding 20 joules or 15 ft-lbs. or
bore exceeding 0.177? or 4.5 mm Firearm replicas
Electronic disabling devices
having firing range of less than 15 feet
Paint ball markers or guns
Blank firing firearms
Muzzle Loading (ML) Guns
Accessories for any firearms
designed or adapted to diminish the noise or flash caused by the firing
thereof
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1000
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500
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(g)
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Sword, bayonet, dagger and
spear lance.
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500
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100
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(h)
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Weapons of Category V of
Schedule I other than those mentioned in (g)
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500
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100
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PART II
OTHER TYPES OF LICENCES
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Sl. No.
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Form No.
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Licence Fee at the time of
grant of licence (in Rs)
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Renewal fee for each
subsequent year wherever applicable (in Rs)
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1
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2
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3
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4
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4.
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III-B
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Permits to retainers of
companies (for each entry of addition/deletion)
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1000
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N/A
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5.
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V-B
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Permits to members of rifle
associations/clubs
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-
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N/A
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6.
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VI
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Temporary export/import
licences to tourists/sports persons/others (for each firearm)
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1000
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N/A
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[7.
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VII
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Manufacture and Proof-Test
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I
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Firearms - Annual Licensed
Capacity
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(a)
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Not exceeding 1000 units
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Rs 5000
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N/A
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(b)
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More than 1000 units but not
exceeding 10,000 units
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Rs 15,000
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N/A
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(c)
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More than 10,000 units
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Rs 50,000
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N/A
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II
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Ammunition - Annual Licensed
Capacity
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(a)
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Not exceeding 1 lac
cartridges
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Rs 5000
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N/A
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(b)
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More than 1 lac cartridges
but not exceeding 10 lac cartridges
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Rs 15,000
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N/A
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(c)
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More than 10 lac cartridges
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Rs 50,000
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N/A]
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8.
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VII-A
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Manufacture of Category V
arms of Schedule I (arms other than firearms)
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Rs 5000
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N/A
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9.
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VII-B
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Manufacture of replica of
firearms including of antique muzzle loading weapons and air weapons
including air rifles/air guns
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Rs 5000
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N/A
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10.
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VII-C
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Manufacture of air weapons
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Rs 5000
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N/A]
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11.
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VIII
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Arms and ammunition dealers
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2000
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1000
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12.
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VIII-A
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Air Weapons Dealers
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1000
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500
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13.
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IX
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Gunsmiths
(for conversion and major
repairs)
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5000
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2000
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14.
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IX-A
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Gunsmiths
(for carrying out minor
repairs)
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2000
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1000
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[15.
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[X and X-A
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Composite Import or Export
licence for arms and ammunition including parts thereof (for each consignment
for the purpose of import and for each purchase order for the purpose of
export)]
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Rs 5000
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N/A]
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16
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XI
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Journey licence (for each
firearm)
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500
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N/A
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17.
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XII
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Transport licence-
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Arms and ammunition (for
individuals) (for each firearm)
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500
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N/A
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Arms and ammunition (for
dealers and manufacturers) (for a single consignment or maximum three part
consignments with in a period of 3 months under the same Transport Licence)
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2000
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N/A
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18.
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XIII
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Transport licence for proof
testing (for each consignment)
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10000
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N/A
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19.
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XIV
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Transporter's licence
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10000
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2000
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[20.
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XV
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For import and
Transportation for Government of Nepal (for each consignment)
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Rs 5000
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N/A]
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Table B
Fee for allied services
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Sl. No.
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Licence Form
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Particulars of service
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Fee Amount (Rs)
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1
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2
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3
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4
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1.
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III
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Registration with outside
licensing authority under Rule 17(1)
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500
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2.
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III
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Addition/deletion of
retainer under Rule 22 (for companies)
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500
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3.
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All
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Change of address within the
existing licensing authority under Rule 17(3)
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500
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4.
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II, III, IV
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Endorsement of firearm under
Rule 18 (for each firearm)
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500
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5.
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II, III, IV
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Addition/deletion of firearm
(for each firearm)
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500
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6.
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II, III, IV
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Transfer of firearms(s) to
legal heir under Rule 25 (for each firearm)
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1000
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7.
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II, III, V
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Change of particulars of
?responsible person? under Rule 22(4) by companies
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1000
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8.
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All
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Correction of information in
licence under Rule 33
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500
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9.
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All
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Grant of NOC under Rule 98
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500
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10.
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II, III, IV, V
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Licence book
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100
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11.
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All
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Any other service not
mentioned above
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500
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SCHEDULE V
(See Rule
16)
Prescribed time limits for
various services under the rules for licensing authorities under Schedule II
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Sl. No.
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Nature of Service
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Rule No.
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Prescribed Time Period
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(1)
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(2)
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(3)
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(4)
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1
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Police Verification
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14
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30 days of the receipt of
application
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2
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Grant or refusal of a
licence
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13
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60 days of the receipt of
police report under Rule 13
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3
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Grant or refusal of
additional licence
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20
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30 days of the receipt of
police report under Rule 13
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4
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Renewal of licence
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24
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30 days of the receipt of
police report under Rule 13
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5
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Endorsement of arms or
ammunition on licence
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18
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7 days of the receipt of
application of endorsement of weapon
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6
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Registration of licensee by
an outside licensing authority
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17
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15 days of the receipt of
application of registration by the new licensing authority
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7
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Addition/Deletion of weapon
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18
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7 days of the receipt of
application
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8
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Permission to sell a firearm
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-
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3 days of the expiry of
stipulated period under Section 5
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9
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Extension of area validity
of licence
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19
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15 days of the receipt of
application by the competent authority under Schedule II
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10
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Change of Address
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17
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15 days of the receipt of
application of registration by the licensing authority
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11
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Addition/deletion of
retainer of companies
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22
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7 days of the receipt of
application
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12
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Grant of journey licence
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-
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2 Working days of the
receipt of application
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13
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Grant of transport licence
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96
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2 Working days of the
receipt of application
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14
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Grant of NOC
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98
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2 Working days of the
receipt of application
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15
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Issuance of duplicate
booklet
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28
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7 days of the receipt of
application
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16
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Disposal of Appeals
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108
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60 days of the receipt of
appeal
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17
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Any other service not
defined above
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7 days of the receipt of
application
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