REGISTERED No. D- ( D) -72
रजिस्ट्री सं० डी-( डी) -72
M
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II सण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 28]
नई बिल्लो, शुक्रवार , सितम्बर 2, 1983/ भात्र 11 , 1905
No, 28]
NEW DELHI , FRIDAY, SEPTEMBER 2, 1983 /BHADRA 11 , 1905
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the and September 1983 Bhadra 11, 1905/ (Saka)
The following Act of Parliament received the assent of the President on the and September, 1983 , and is hereby published for general infor- mation:-
THE ARMS (AMENDMENT ) ACT , 1983
No. 25 of 1983
[and Septemb r, 1983 ]
An Act further to amend the Arms Act , 1959.
BE it enactedby Parliament in the Thirty -fourth Year of the Republic of India as follows:-
1. (1) This act may be called the Aums (Amendment) Act, 1983 .
(2) It shall be deemed to have come into force on the 22nd day ofJune, 1983 .
Short title and com- menco- ment.
54 of 1959.1
2. In section 2 of the Arms Act , 1959 ( hereinafter referred to as the principal Act, in sub-section ( 1) after clause ( f) , the following clause shall be inserted, namely.-
Amend- mont of section 2 .
'( ff) "magistrate " means an Executive Magistrate under the Code of Criminal Procedure, 1973 .
2 of 1974 .
Amend- ment of section 3 .
3. Section 3 ofthe principal Act shall be re-numbered as sub-section ( 1) thereof and after sub - section ( r ) as so renumbered the following sub- sections shall be inserted namely:-
"(2) Notwithstanding anything contained in sub-section ( 1) no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms :
( 1 ) 2
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Provided that a preson who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983 , may retain with him any three of such firearms and shall deposit, within ninety days from such commencement the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purp- ocs of sub -section ( 1) of section 21 , with a licensed dealer or, where such per- son is member of the armed forces of the Union, in a unit armoury referred to in that sub- section .
(3) Nothing contained in sub- section (2) shall apply to any dealer in firearms or to any member of rifle club or rilfe association licensed or recognised by the Central Government using a point 22 bore rile or an air rifle for target practice .
(4) The provisions of sub-section ( 2) to (6) ( both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub- section (2) as they apply in relation to the deposit of any arm or ammunition under sub -section ( 1) of that section. " .
4. Section 5 of the principal Act shall be re-numbered as sub- section (r) thereof and --
Amend- ment of section 5 .
(a) in sub-section ( 1) as so re-numbered , the proviso shall be omitted,
(b) after sub - section ( 1) as so re- numbered, the following sub -section shall be inserted , namely : -
(2) Notwithstanding anything contained in sub-section ( r) , a person may ,without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act . or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition :
Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect ofwhich a licence is required under section 4 shall be so sold or transferred by any person unless--
(a) he has informed in writing the district magistrate having juris- diction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms , ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms , ammunition or the other arms , and
(b) a period of not less than forty- five days has expired after the giving of such information . " .
5. In section 9 of the principal Act , in sub -section ( r) , in clause ( a)-
Amend- ment of section 9
(a) in sub- clause ( i) , for the words " sixteen years " the words " twenty-one years" shall be substituted ;
(b) in sub - clause ( ii) , for the words " a term of not less than six months", the words " any term" shall be substituted and
5 of1898 . 2of1974.
(c) in sub- clause ( iii) for the words and figures " Code of Criminal Proce- dure, 1898 " , and words and figures " Code of Criminal Procedure , 1973 " shall be substituted .
6. In Section 13 of the principal Act , for sub -section ( 2) , the following sub- section shall be substituted namely :
Amond- mont of section 13 .
"( 2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that applica- tion, and such officer shall send his report within the prescribed time.
SEC. 1]
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(24) The licensing authority, after such inquiry , if any, as it may, consi- der necessary, and after considering the report received under sub -section (2) , shall, subject to the other provisions of this Chapter , by order in writing either grant the licence or refuse to grant the same :
Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit , make such order, after the expiry of the prescri- bed time, without further waiting for that report ." .
7. In Chapter IV of the principal Act , after section 24, the following sections shall be inserted, namely :
Insertion of new sections 24A and 24B .
"24A ( 1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area, it is necessary or expedient so do , it may by notification in the Official Gazette
(a) specify the limits of such areas ;
Prohibi- tion as to posses- sion of notified arms in disturbod areas, etc.
( b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from adate not earlier than the fourth day after the date of publication ofthe notification in the official Gazette ) , every person having in his possession in such area any arms of such description as may be specified in the notifi- cation (the arms so specified being hereafter in his section referred to as noti- fied arms ) , shall deposit the same before such commenorment in accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arms shall , not withstanding anything contained in any other provision of this act( except section 41) or in any other law for the time being in force, as from the date of publication of such notification in the official Gazette be deemed to have ceased to be lawful :
(c) declare that as from the comunencement of, and until the expiry of, the period specified in the notification , it shall not be lawful for any person , to have in his possession in such area any notified arms :
(d) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification , - -
(1) to search at any tune during the period specified in the notifica- tion any person, in or passing through , or any premises in, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, such area are if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel , vehicle or other convenance or in such receptacle or other container :
(n) to seize at any time during the period specified in the notification anynotified arms in the possession of any person in such area or discovered through a search under sub - clause ( i) and detain the same duringthe period specified in the notification.
(2) The period specified in a notification issued under sub -section ( 1) in respect of any area shall not , in the first instance , exceed ninety days , but the central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion o that Government, there continues to be in such area such disturbance of public fpeace and tranquillity as is referred to in sub - section ( 1) or imminent danger there of and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.
[PART II-
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2 of 1974 (3) The provisions of the Code of Criminal Procedure 1973, relating to searches and seizures shall, so far as may be , apply to any search or seizure made under sub- section ( 1 ) .
(4) For the purpose of this section , --
(a) " arms" includes ammunition ;
(6) where the period specified in a notification , as originally issued under sub-section ( 1 ) , is extended under sub- section (2 ) then, in relation to such notification, references in sub -section ( 1 ) to the period specified in the notifi- catison shall be construed as references to the period as so extended.
24B. ( 1 ) Where the Central Government is satisfied that there is extensive disturbance ofofpublic peace and tranquillity or immineimminent danger of such disturbance in any area and that for the prevention of offcences involving the use of arms in such area it is neccesary or expedient so to do , it may, be notification in the official Gazette,
(a) specify the limits of such area ;
Prohibition as to carry- ing of noti- fied arms in or through public places in disturbed areas , etc.
(b ) direct that during the period specified in the notification (which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the official Gazette) , no person sha'l carry or otherwise have in his possession any arms ofsuch description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms ) through or in any public place in such areas :
(c) authorise any auch officer subordinate to the Central Government or State Government as may be specified in the notification ,---
(i) to search at any time during the period specified in the notifi- cation any person in, or passing through , or any premises in or forming part of, or any animal or vessel of vehicle or other conveyance of what- ever natur in or passing though , or any receptacle or other container of whatever nature in, any public place in such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container ;
(ii) to seize at any time during the period specifed in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub - clause ( i ) and detain the same during the period specified in the notification .
(2) The period specified in a notification issued under sub-section ( 1) in respect of any area shall not, in the first instance, exceed ninety days , but the Central Govenment may amend such notification to extend such period from time to time by any period,not exceeding ninety days at any time, if inifinthe opinion of that Government, there continues to be in such area such disturbance of public peace and tranquillty as is referred to in sub - section ( 1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is neccessary or expedient so to do .
2 of 1974 .
(3) The provisions of the Code of Criminal Procedure , 1973 relatingto sear- ches and seizures shall , so far as may be apply to any search or seizsre made under sub-section(1) .
(4) For the purposes of this section,-
(a) " arms " includes ammunition ;
( b ) " public place " means any place intended for use by, or accessible to, the public or any section of the public ; and SEC. J ]
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(c) where the period specified in a notification , as originally issued under sub- section ( 1) , is extended under sub -section ( 1 ) , then, in relation to such notification, reference in sub - section ( 1) to the period specified in the notifi- cation" shall be construed as references to the period as so extended . " .
8. In section 25 of the principal Act ,
Amond- ment of sec- tion 25.
(a) for sub - section ( r) , the following sub- sections shall be substituted , namely ; -
"( 1) Whoever
(a) manufactures , sells , transfers , converts , repairs , tests or proves or exposes or offers for the sale or transfer , or has in his possesion for sale , transfer , conversion, repair, test or proof, any arms or ammunition in contravention of section 5 ; or
(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6 ; or
(c) acquires, has in his possession or carries , or manufactures , sells , trans- fers , converts , repairs , tests or proves , or exposes or offers for sale or transfer , or has in hispossession for sale , transfer , conversion, repair ,transfer , conversion , repair, test or proof, any prohi- bited arms or prohibited ammunition in contravention of section 7 ; or
(d) brings into, or takes out of, India , any arms or ammunition of any class or description in contravention of section 11 ,
shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine .
(14) Whoever has in contravention of a notification issued under section 24A in his possession or in cont) avention of a notification issued under section 24B carries or otherwise has in his possession , any arms or ammunition shall be punisha- ble with imprisonment for a term which shall not be less than one year , but which may extend to five years and shall also be liable to fine .
(IB) Whoever-
(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3 ; or
( b) acquires , has in his possession or carries in any place specified by no- tification under section 4 any arms of such class or description as had been speci- fied in that notification in contravention of that section ; or
(c) sells or transfers any firearm which does not bear the name of the maker , manufacturer's number or other identification mark stamped or otherwise shown thereon as required by sub - section ( 2) of section 8 or does any act in contraven- tion of sub- section ( 1) of that section ; or
(d) being a person to whom sub- clause ( ii ) or sul - clause ( iii) of clause (a) of sub- section ( 1) of section 9 applies, acquires , has in his possession or car- ries any firearm or ammunition in contravention of that section ; or
( e) sells or transfers , or converts , repairs , tests or proves any firearm or ammunition in contravention of clause (b) of sub -section ( 1) of section 9 ; or
(f) brings into , or takes out of, India, any arms or ammunition in con- travention of section 10 ; or
(g) transports any arıns or ammunition in contravention of section 12 ; or
(h) fails to deposit arms or ammunition as required by sub- section ( 2) of section 3 , or sub -section ( 1) of section 21 ; or 6
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[PART II-
(i) being a manufacturer of, or dealer in, arms or ammunition , fails , on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or pre- vents or obstructs the entry into any premises or other place where arms or am- munition are or is manufactured or kept or intentionally fails to exhibit or con- ceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept,
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and shall aslo be liable to fine :
Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than six months .";
(b) for sub - section ( 3 ) , the following sub - section shall be substituted , namely:-
"( 3) Whoever sells or transfers any firearm , ammunition or other arms-
( i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfer of that firearm , ammunition or other arms ; or
(ii) before the expiration of the period of forty- five days from the date ofgiving such information to such district magistrate or the officer in charge of the police station,
in contravention of the provisions of clause ( a) or clause (b) of the proviso to sub-section (2) of section 5, shall be punishable with imprisonment for a term which may extend to six months , or with fine of an amount which may extend to five hundred rupees , or with both. " .
9. For section 26 of the principal Act , the following section shall be substi- tuted, namely:
Substi- tution of new section for sec- tion 26 .
Secret contraven- tions,
"26.( 1 ) Whoever does any act in contravention of any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway , aircraft , vessel , vehicle or any other means of con- veyance, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine .
(2) Whoever does any act in contravention of any of the provisions of section 5 , 6, 7 or 11 in such manner as to indicate an intention that such act maynot be known to any public servant or to any person employed or working upon a railway, aircraft, vessel , vehicle or any other means of conveyance, shall be punishable with imprisonment for term which shall not be less than five years but which may extend to ten years and also with fine.
(3) Whoevser on any search being made under section 22 conceals or attempts to conceal any arms or ammunition , shall be punishable with imprison ment for a term which may extend to ten years and also with fine ." .
10. In sections 27 and 28 of the principal Act, for the words ", or with fine, or with both" , the words " and with fine" shall be substituted.
Amend- ment of section 27 and 28 .
SEC. 1]
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Amond- II. In section 29 of the principal Act, for the words " six months , or with fine ofan amount which may extend to five thundred rupees, or with both" , the words "three years , or with fine, or with both" shall be substituted .
ment secction 29.1
Amond-
section 12 . In section 30 of the principal Act , for the words " three months " , the words " six months " and for the words " five hundred " , the words " two thousand" shall be substituted.
ment of 30.
13. In section 34 of the principal Act ,
Amond- ment of section 34.
8 of 1878 .
(a) for the words and figures " Sea Customs Act , 1878 " , the words and figures "Customs Act, 1962 " shall be substituted;
52 of 1962.
(b) for the word and fingures " section 16" , the word and figures " section 58" shall be substituted.
Amond-
ment of 5 of 1898 .
sections 2 of 1974
14. In sections 37 and 38 of the principal Act, for the words and figures " Code ofCriminal Procedure , 1898 " , the words and figures " Code of Crimial Procedure 1973" shall be substituted
37 and 38 .
Amond- ment of section 41.
15. In section 41 of the principal Act , in clause ( a) , for the words " exempt any person or class of persons " , the words and brackets " exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be sepcified in the notification) " shall be substituted .
16. In section 44 of the prinicipal Act ,-
Amend- mont of section 44.
(a) in sub-section (2) , in clause (a) , after the words " licensing authori- ties", the words " including the areas and the categories of arms and ammuni- tion for which they may grant licences" shall be inserted;
(b) " in sub -section (3) , for the words two successive sessions , and if before theexpiry of the session in which it is so laid or the scession immediately follow- ing", the words " two or more successive sessions , and if before the expiry of the session immediately following the session or the successive session aforesaid" shall be substituted.
4 of 1983 .
Ropoal 17 ( 1) The Arms (Amendment ) Ordinance, 1983 , is hereby repealed .
and
saving.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act as amended by this Act .
R. V. S. PERI SASTRI , Secy. to the Govt , of India.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF NEW DELHI AND PUBLISHED BY THE CONTROLLER OF INDIA PRESS, MINTO ROAD ,
PUBLICATIONS , DELHI , 1983