INDIAN ARMS RULES 1962

INDEX  Previous (Rule 15 to Rule 24) Next

         Where a license in Form VI has been granted in the name of any military mess, club or association, it shall be lawful for any member of such mess, club of association to use the fire-arms or ammunition covered by such license for the purpose of the mess, club or association in accordance with the conditions of the license.

      Any person   below the age of sixteen years but not below the age of twelve years may be allowed to use a fire-arm for the purpose of training in the use of such fire-arm 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 sixteen years shall be allowed carry and firearm requiring a licence, in a public place, except in the immediate presence and supervision of the person who is lawfully entitled to carry such firearm.

         Explanation – for the purposes of this rule, and “adult” means a person who has completed the age of twenty one years.

Comments

        See Sec. 9.

        “May” and “shall”- Where the Legislature uses the words “may” and “shall” together in two different parts of the same provision, prima facie it would appear that Legislature manifested its intention to make one part directory and another mandatory. But that by itself may not be decisive. The power of the Court, however, to ascertain the real intention of the Legislature by carefully examining the scope of the statute to find out whether the provision is directed by mandatory, remains unimpaired.

(1)  Subject to the provisions of rule 8, a license in Form VIII may be granted to any bona fide traveler, proceeding from the place of his arrival of arms or ammunition for the duration of the journey, by the licensing authority at the place of arrival.

(2)  A copy of every such license shall be forthwith sent to the District Magistrate having jurisdiction over the place of destination of the licensee; such authority shall satisfy himself, when necessary, that the licensee has complied with Condition 7 entered on the form of the license.

      In any area specified in the notification issued by the Central Government under Sec. 4, licenses 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 Sch, II, subject to such conditions as are specified in that schedule and in the license.

Comment

See also rule 81 of the Defense of India Rules, 1962.

         Unless the Central or State Government by notification in the Official Gazette so directs, no license shall be required for the manufacturer, sale, possession for sale or test, of arms of category V except in the areas notified under Sec. 4.

Comment

            See also rule 81 of the Defense of India Ruled, 1962.

(1)  The licensing authority while granting a license in Form IX shall show clearly in the license form:

   (i)      The categories and description of the arms or ammunition covered by the license;

   (ii)      The transactions permitted in present of the different categories of arms or ammunition, and

omit and transactions or categories of arms or ammunition, not covered by the license.

(2)  A copy of every license granted in Form IX by an authority other than the District Magistrate of the place of business, factor or shop of the licensee shall forthwith be sent to that District Magistrate.

Comment

        The contention that the Collector being the licensing authority under rule 26, and therefore, vested with a quasi-judicial power is not entitled to delegate his power to any other authority is without any force. Sec. 17 of the Arms Act vests the Government with the power to make rules to determine the authorities to grant the licenses. In exercise of that power, the Government have framed rules prescribing the licensing authority under rule 26. The very same rule confer upon the licensing authority the power of grant, renew or refuse to grant a license, or in his discretion refer any application for orders to the Government. The rule being one made under an Act must be deemed to form in integral part of the status itself. Where such rules themselves in terms vest the licensing authority with a discretion to refer an application for the orders of the Government it cannot be said that such a reference is void of legal authority of illegal as constituting a delegation of a power which should not be delegated.

(1)  Where a license is granted in Form IX or Form XI for conversion or repair, but not manufacture, of any category of fire-arms or ammunition, it entitles the licensee to fabricate components or parts for the purpose of conversion or repair of such fire-arms or ammunition but to manufacture such components or parts to be utilized for assembling into complete fire-arms or ammunition of any category which he is not allowed to manufacture.

(2)  (a)       A license in Form XI shall not entitle the dealer to shorten a fire arm or to convert an imitation fire-arm into a fire-arms, unless he has a licence in Form IX  showing specifically that he is permitted to shorten a fire-arm or convert an imitation fire-arm into a fire-arm.

   (b)         Under no circumstances shall a dealer shorten the barrel of a rifle or smooth born gun so that the resultant becomes less than 20 inches.

   (c)         The detail of the cases in which barrels are shortened and imitation fire-arms are converted into fire-arms shall be reported every month to the District Magistrate, in such form, any, as may be required.

(3)  A dealer having a licence in Form XI, Form XII or Form XIII to repair or test or to sell fire-arms or ammunition shall not take the fire-arms or ammunition for testing range or other place, unless specifically permitted to do so by his licence, and he shall carry out tests only in such manner and subject to such conditions as are laid down therein.

(4) Where a licence is granted in Form IX or Form XI for conversion of ammunition, It shall not entitle the licensee to convert blank cartridges or any ammunition having no projectile into single multiple project ammunition or to load any ammunition.

Comment

            See Secs. 5 and 6.

(1)  Proof testing of firearms manufactured by a licensed dealer shall be carried out only in accordance with the regulations which may be framed by the Central Government or framed by such authorities as the Central Government may specify in this behalf and approved by that Government.

(2)  No dealer shall sell a firearm which has not been duly proof-tested.

A copy of every 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 in situated.

Comment

  This rule enjoins upon the licensing authority to furnish information of granting of licence to the District Magistrate.

(1)       The State Government or in the ‘State of [Tamil Nadu], Andhra Pradesh or Kerala, the Board of Revenue, may, by licence granted by it in form XI or form XII, authorize selected dealers to sell or keep for sale a specified amount of ammunition of category I (c).

HOME