THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
19Poush, 1940(S)
No. 118
Ranchi, Friday, 8th February, 2019
DEPARTMENT OF HOME, PRISONS & DISASTER
MANAGEMENT
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NOTIFICATION
7th February, 2019
File no. - 10/SH. ANU. 525 / 2018- 783-- In exercise of powers conferred by Rule 103 & 104 of the Arms Rules, 2016 the State Government hereby makes the following provisions for constitution of the State Fire-arm Bureau and the District Fire-arm Unit with a view to carry out the provisions contained in Rule 103 & 104 of the Arms Rule 2016:-
A. State Fire-arm Bureau (SFB)
Composition: To be headed by an IG/DIG rank officer of CID Jharkhand. SFB will thus comprise as follows:
i. IG/DIG of CID Jharkhand - Chairperson
ii. A representative not below the rank of Addl. Secretary from Home Deptt. to be nominated by ACS/Principal Secretary/Secretary Home - Member
iii. One representative from Directorate of Prosecution to be nominated by Home Dept. - Member iv. One representative from Law Deptt. to be nominated by Principal Secretary / Secretary Law - Member 2 Jharkhand Gazette (Extraordinary), Friday, 8th February, 2019 vii. Police Headquarters has to provide sufficient number of armourer and other supporting staff for State Fire-arm Bureau.
B. District Fire-arm Unit (DFU)
Composition: To be headed by an ADM/Additional Collector rank officer dealing with law and order or in the absence of ADM/ Additional Collector rank officer, SDM of the district Headquarter Sub-Division at each district. DFU will thus comprise as follows:-
i. ADM / Addl. Collector - Chairperson
ii. A Judicial Officer nominated by Principal District and Session Judge - Member iii. A representative of the district SSP/SP not below the rank of Dy. SP to be nominated by the SSP/SP - Member
iv. PP or senior most Addl. PP of the District – Member
Functions:
i. District Fire-arm Unit (DFU) to maintain at each district an inventory for different categories of confiscated, captured, seized, recovered or surrendered arms and ammunition.
ii. DFU shall be granted UIN (Unique Identification Number) by the Central Govt. with separate user id and password under NDAL system.
iii. DFU to ensure that 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 respective district.
iv. Deputy Commissioner of each district to nominate a Deputy Collector or Executive Magistrate rank officer as Empowered officer.
v. It would be the responsibility of the Empowered Officer to ensure handing over of the said arms & ammunition to the DFU.
vi. DFU shall make police station wise entry in the receipt of its Stock Register.
vii. DFU at the district level shall get fire-arms & ammunition so handed over to it examined from gunsmith holding a license in form IX or an officer of the State Police Dept. (Sergeant Major etc.) authorized to examine.
viii. On submission of the report by the examiner of the fire-arm and on the recommendations of the DFU, the fire-arm may be declared as serviceable or unserviceable or beyond economical repair (BER) by the State Fire-arm Bureau (SFB) and informed to the respective DFU.
ix. Serviceable fire-arms shall be entered police station wise by the DFU in the active fire- arms register and uploaded on NDAL system against the UIN allotted to the District Fire-arm Unit on real time basis as well as in a dedicated MIS based portal to be specially designed and created by the Police Headquarter for linking all District Fire- arm Unit with the State Fire-arm Bureau enabling the inventory of district wise fire arms as entered in the active fire arms register in each district to be also available on real time basis with the State Fire-arm Bureau. In this way the inventory of serviceable fire-arms for each district will also get maintained at the State level at the State Fire- arm Bureau.
3 Jharkhand Gazette (Extraordinary), Friday, 8th February, 2019x. The serviceable fire-arms may be, on receipt of the orders of the competent court, shall be allotted by the State Fire-arm Bureau (SFB) to the eligible applicants under these rules against valid arms license in Form III, for the particular category of fire-arm against a sale voucher or invoice to be issued by the State Fire-arm Bureau (SFB) and the details of such sale or transfer shall be recorded in the register district wise to be maintained by it and uploaded on the NDAL system which can also be viewed by District Fire-arm Unit (DFU) through the specially designed MIS portal.
xi. Any obsolete or obsolescent, condemned or unserviceable firearm or any confiscated, captured, seized, recovered or surrendered fire-arm that does not bear the manufacture's serial number or additional identification mark shall be forwarded by the respective DFU to the SFB and shall be marked forthwith by the State Fire-arm Bureau (SFB) in accordance with the procedure laid down in rule 34 and rule 58 of Arms Rule-2016 and details of such fire-arm be recorded in a separate register and uploaded on the NDAL system under a distinct category.
xii. The District Fire-arm Unit (DFU) shall forward to the State Fire-arm Bureau the details of fire-arm to be destroyed, giving particulars regarding the make, type, caliber of the fire-arm as well as the manufacturer's serial number or additional identification mark.
State Fire-arm Bureau shall after duly satisfied with all relevant details give go-ahead to the District Fire-arm Unit which will then submit to the local licensing authority an application containing the details of fire-arm to be destroyed, giving particulars regarding the make, type, caliber of the fire-arm as well as manufacturer's serial number or additional identification mark. The licensing authority shall after verifying the particulars recorded in the list supplied to it, grant permission for destruction of fire- arm.
xiii. After getting permission from licensing authority/ competent court, detailed list of arms and ammunition to be destroyed along with arms and ammunition has to be submitted to the State Fire-arm Bureau for destruction.
xiv. The fire-arms 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 fire-arm or any part thereof is permanently or irrevocably destroyed. Provided that a fire-arm or ammunition, shall be destroyed only in the presence of a designated officers deputed by the local licensing authority.
xv. A list of fire-arms or ammunition destroyed under sub rule (3) with the particulars of such fire-arms referred to in sub-rule (2) shall be submitted to the licensing authority within fourteen days of such destruction.
xvi. State Fire-arm Bureau (SFB) to maintain separately at the state level a district wise (within the district police station wise) up to date data base of serviceable and unserviceable fire-arms and ammunition as prepared by each District Fire-arm Unit.
xvii. It shall be granted UIN by the Central Govt. with separate user id and password under NDAL system.
xviii. A Management Information System (MIS) based dedicated Portal to be specially designed and created by Police Headquarters for interlinking all District Fire-arm Unit (DFUs) with State Fire-arm Bureau (SFB) whereby State Fire-arm Bureau can view the data base of all the districts at state level and also districts could view their own data base as well as database of other districts. Also, search option shall be available in the Fire-arms MIS Portal for search of Fire-arms across the Jharkhand State level.
4 Jharkhand Gazette (Extraordinary), Friday, 8th February, 2019Feasibility for integration of State level Fire-arms MIS Portal with National Database for Arms License (NDAL) system will also be examined for ensuring seamless flow of relevant data.
C. Role of Empowered Officer -
To ensure collection of all the confiscated, captured, seized, recovered or surrendered arms and ammunition from concerned officials/Police Station and handover the same to District Fire-arm Unit and act as a link between State Fire-arm Bureau and District Fire-arm Unit.
D. District Fire-arm Unit (DFU) shall work exclusively under the control and supervision of State Fire-arm Bureau (SFB). The Deputy Commissioner and Senior Superintendent of Police / Superintendent of Police shall make available the necessary human resources / infrastructure to the DFU.
By order of the Governor of Jharkhand,
Ignatius Kullu,
Deputy Secretary to Government. Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 118 -- 50.