INDIAN ARMS RULES 1962

(1)  [A licence, valid for the period of six months from the date of endorsement referred to in sub-rule (1-A) , may be granted in Form III to bona fide tourists to in Cl. (b) of the proviso to sub-section (1) of Sec. 10, so far as practicable, six months prior to the expected date of arrival of the tourist  in India :

Provided that the validity of the licence so granted shall commence only from the date of endorsement of the licence.

(1-A) when the licence is granted in Form III to a bona fide tourist under sub-rule (1), the licence together with the passport visa of the tourist, shall be presented to the licensing authority as soon as may be after the disembarkment of the tourist and the latter shall –

(a)      After obtaining the undertaking referred to in sub-rule (2), endorse the licence making it valid for a period of six months from the date of endorsement, and

(b)      Make an entry in the passport/visa giving full particulars of all the arms and ammunition for which the licence has been granted].

(2)  The licensing authority shall obtain an undertaking in writing from the licensee that he shall not sell or transfer the arms or ammunition to anyone in India without the prior permission of the District Magistrate having jurisdiction over the place where such sale or transfer is to be made, and where the arms or ammunition are sold or transferred he shall inform the customs authority and pay duty, if any.

(3)  The passport-checking authority or any other officer empowered by the District Magistrate in this behalf at the port of other place of departure from India shall verify that the arms entered in the passport/visa 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 or lawfully sold or transferred in India, as the case may be.

Comment

            This rule provides for temporary licence by bona fide tourists visiting India.

            For the relevant provisions in the Arms Act, 1959, see Sec. 10.

(1)  The authority granting a licence in Form XVII for export by sea or air of arms or ammunition from customs ports to ports in foreign territory or Commonwealth shall send a copy of such licence to the agent to master of the vessel or to the air carrier by which the arms or ammunition covered by the licence are intended to be taken out of India.

(2)  The weapons of the following description shall not be allowed to be exported, namely:

(i)            Weapons falling within the definition of “antiquity” under the Antiquities (Export Control) Act, 1947 (31 to 1947);

(ii)            Weapons of current and popular bores for which ammunition is available in the country; and

(iii)            Automatic weapons and weapons which are in use by the police or the armed forces of the Union.

(3)  Every application for the grant of a licence in Form XVII or Form XVIII for export of fire-arms shall be accompanied by a certificate from the Director-General or Archaeology of the Central Government to the effect that the arms intended to be exported do not Central Government to the effect that the arms intended to be exported do not fall within the definition to “antiquity” under the Antiquities (Export Control) Act, 1947 (31 to 1947). If the application is made to the Central Government, it shall be accompanied by a further certificate from the licensing authority of the place from where the weapons are intended to be exported certifying that the weapons do not belong to any of the descriptions mentioned in sub-rule (2).

Comment

            For the relevant provisions in the Arms Act, 1959, see Sec. 10.

      When a licence for export of arms or ammunition by land or river is granted in Form XVIII a copy of the licence shall forthwith be sent by the licensing authority –

(a)  Where the arms or ammunition are exported by rail, to the District Magistrate of the place which the consignment is to be dispatched; or, in the State of Jammu and Kashmir, to the State Government, and such authority at the station from which the consignment is to be dispatched;

(b)  Where the arms or ammunition are exported by road or river, to the District Magistrate having jurisdiction over the area out of which they are to cross the frontier of India and such Magistrate may, in his discretion, require the licensee to produce the arms or ammunition for his inspection before allowing them to leave the area.

Comment

            See Sec. 10 of the Arms Act, 1959.

(1)  A licence in Form XIX may be granted for export of arms or ammunition by sea or air from one place in India and its re-import into another place in India –

(a)            By the Central Government or any other officer specially empowered by it, if –

(i)   The arms or ammunition are taken by sea or by an International Air Service or across intervening territory not forming part of India, or

(ii)   The arms or ammunition form part of the estate of deceased or insane person who was or is subject to the Indian Navy Act, 1957 (62 of 1957), or whose estate is dealt with under the Army and Air Force (Disposal of Private Property) Act 1950 (40 to 1950), where such arms or ammunition are to be sent to the wife, widow, legal representative or next-of-kin of such decreased or insane person; or

(b)            By the licensing authority –

(i)   For import at the place of destination, or   

(ii)   For export, at the place of dispatch subject to the previous consent of the licensing authority at the place of destination as required under rule 50,

If the arms or ammunition are carried by sea or by an internal air service.

Explanation – For the purpose of this rule, “India” includes any of ex-French settlements in India.

(2)  A copy of every licence granted under sub-rule (1) shall forthwith be sent by the authority granting it to –

(a)            The licensing authority/authorities of the place of dispatch/ destination of the articles, as the case may be, or if the place of dispatch/ destination is in any of the ex-French settlements in India to the Secretary, General Administration Department of Pondicherry; and

(b)            Where the place of dispatch/destination of the articles is other than a port

i)   To the licensing authority at the part of export/re-import; and

ii)   If the route includes transport by rail, to the railway authorities at the station from which the consignment is to be dispatched.

Comment

        Explanation. - It is well settled principle of statutory construction that the explanation must be read so as it harmonises with and clear of any ambiguity in the main provision.

      Where a vessel a aircraft bound for a port other than a part 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 no exempted from liability to take out a licence in respect of such possession shall be delivered by him to the Customs Collector, 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 an detained.

Comment