The Arms (Amendment) Ordinance, 1983

.1974, ,;}'f~1wm-rrr EXTRAORDINARY mif}~l PART H-Scctiion 1 mr 'TilliT-l'.' 'ff >f'"o/iTT'1ffi:'f PUBLISHED BY AUTHORITY . --·- ····------- tjo 11) No' 17) NEW DELHI, WEDNESDAY, JUNE 22, li/)83/ASADHA 1, 1905 ~ mrr if h1..r tp,o ~ ~, ~m:ft ~l h~ffi !f'cn ~ ~~ ~~o1,wr c/i ~ fr ~ ii/1' ~ I Separate paging is given to this Part in order that it may be filed as a separate compil:ttion - - -·-·-··--·--····--·---·-··-····---- ••• ··-- --·. ~-~- -·--------------------------~--------·-- ·------------ -- ---- MINIS'fRY OF LAW, JUSTJCE Al\!k) (Legislative Depmrtme,!i) AFFAIRS New Delhi, the 22nd June, 1983/Asadha 1, 1905 (Saka) IffE .. ARMS. L;\~1I1tN.1.2.ME1~II.LQJ~QINt\N~Jt1!9~3-- No. OF !9.§.3 .. Promulgated by the President in the 'fhirty-fourth Year of the Republic of India. An Ordinance further to arnend the Arms Act, 1959. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary Jor him to take immediate action; Now, T1HEREF'ORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the fol~owing Ordinance: --- 1. (/) This Ordinance may be called the Arms (Amendment) Ordin­ ance, 1983. (2) It shall come into force a t once. 2. In section 2 of the Arms Act, 1959 (hereinafter referred to as the principal Act), in sub-section ( /), after clause (f), the following clause shall be inserted, namely: - ' (ff) "magistrate" means an Executive Magistrate under the Code of Criminal Procedure, 1973;'. 3. Section 3 of the principal .Act shall be re--numbered as sub-section (1) thereof and after sub-section (I), as so re-numbered, the following sub-sections shall be inserted, namely : ·- • Short title and com­ mence­ .menL Amend­ ment of section 2. Amend­ ment of section 3. Amend­ ment o[ se(·liun :i. Amend­ ment of section 9. "(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: Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Ordin­ ance, 1983, may retain with him any three of such firearms and shall deposit, within thirty days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the condi Lions prescribed for the purposes of sub-section (7) of section 21, wiLh a licensed dealer or, where such person is a member of the Anned Forces of the Union, in a unit armoury: referred to in that sub-section. (8) Nothing contained in sub-section (2) shall apply to any dealer in fire'lrms or to any men1ber of a rifle club or rifle association licensed ·or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice. ( 4) The provisions of suh-·sections (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 ( l) Lhereof and -- ( 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 (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammuniUon 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 possessiqn 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 of which 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 jurisdiction or the ofiicer in charge of the nearest police station of his intention to sell or transfer such firearms, ammu­ nition ·or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammu­ nition 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 (1), in clause (a),­ (a) in sub-clause (i), for the words "sixteen years", the words "twenty-one years" shall be substituted; 198, 4, (b) in sub-clause (ii), for the words " a term of not less than six months " , the words "any term" shall be substituted; and ( c) in sub-clause (iii), for the words and figures "Code of Criminal Procedure 1898", the words and figures "Code of Crimin.al Procedure, 1973'' shall be substituted. 6. In section 13 of the principal Act, for sub-section (2), the following sub-sections shall be substituted , namely:-- ,, (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police sta­ tion on that applicrition , and such officer shall send his report within the prescribed time. (2'A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2) , shall subject to the other provisions of this Chapter, by order m writing either grant the licence or refuse to grant the same: P rovided that where the officer in ch,ffgc of the nen·rest police station does not send his report on the application within the pres­ cribed time, the licensing authority may, if it deems fit , make sach order, after the exp iry of the prescribed time, without further waiting for that n 'port. ". 7. In Chapter IV of the principal Act , after section 24, the following sections shall be inserted , namely:- "24A. (1) Where the Central Government is sati sfied that there is extensive disturbance of public peace and tranquillity or immi­ nent danger of such disturbance in any area and that for the preven­ tion of offences involving the use of arms in such area , it is necessary or expedient so to do, it may by notification in the Official Gazette-- (a) specify the lirnlts of such area; (b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of th e notification in the Official Gazette), every person having in his possession in such area any arms of such descripiion as may be spe:::ified in the notification (the arms so specified being hereafter in this section referred to as noti fa:d arms), shall deposit the sam? before such commen~ement m accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arm: _shall, no~­ withstanding anything contained in any other prov1s1~n of t~is Act (except section 41) or in any other law for the time _bemg in force, as from the date of publication of such notification in the Official Gazct-te be deemed to have ceased to be lawful; Amend­ ment of section 13. Insertion of new sections 24A and 21B Prohibi­ tion as to posses­ sinn of notified arms in disturbed areas, etc. Prohi­ bition as to carrying of noti­ fied arms in or through public places irr dis­ turbed areas, etc. (c) declare that as from the commencement of, and ~,ntil the r;;xpiry o[', the period specified in this behalf in the notifica­ tion , it shall not be lawful for any person to have in his posses•- • sion in such area any notified arms; (d) authorise any such officer subordinate to the Central Government or a State Goven1ment 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 any anlmal ·or vessel or vehicle or other convev:rnce of whatever nature in or passing through, or any r~ccptaclc or other container of whatever nature i~, such area if such officer has reason to believe that :my noti­ fied arms are c;ccrctcd by such person or in such premises or on such animal or in such vessel, vehicle or other conve­ yance or in such receptacle or other container; ('i'i) to seize at any time during the period specified iri. the notificat ion any notifi ed arms in the possession ot any person in such area or di::;covcred through a search under sub-•clause (i), and detain the same durin g the period speci­ fi f' d in the notification (2) The period specified in a notification issued under sub-sec­ tion (1) in respect of any area shaJI not, in the first instance, exceed ninety day'.~, but the Central G·ovcrnment may amend such notifica­ tion to extend such period J'rom time to time by any period not ex­ ceeding ninety days at ony one ti me if, in the opinion of that Gov­ ernment, there continues to be in such area such disturbance of public peace ari d t ranquillity as i:,; referred to in sub-section (1) or immine nt dange r thereof and that for the prevention of offences involving the u :•; c of ar:rn; in such arC '.l it is necessary or expedient so to do. (3) The provision~: of the Code of Criminal Procedure, 1973, 2 of 1971 relating to searches and seizures sholl, so far as may be, apply to any ;::earch or '.:;c i z LnT n1adc 1Jndcr suh-.section (l)- (4) F"or the purpo:,es of this section ,- (a) "arms" includes ammunition; (b) 'where the period specified in a notification, as originally issued under sub-section (1) , is extended under sub-section (2), then, in relation to ,,:ud1 notificntion, references in sub-section (1) to 'the period c'.peci lied in the notification ' shnll be construed as r efe rences to t lw pc~riod as so extended. 24B. (1) Where thp Central Government is satisfied that there is extensive disturbance of. public peace and tranquillity or imminent danger of St11;h distmbnnce in any area and th at for the prevention of 0 ff,~nces involv;ivg t he use of arms in such area it is necessary or expemcnt so to do, it rnay, by notification in the Official Gazette,- ( a) specify the Iim its cf such arc:i ; (h) direct that during the period specified in the notification (which period sha1l be a period commencing from a date not earlier than the second do.y after the date of publication of the noti fication in the Ofllcial Gazette) , no person shall carry or 2 of 1974, otherwise have in his possession any arms of such 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 area ; (c) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notificati.on,- (i) to search at any time during the period specified in the notification any person in or passing through, or any premises in or forming part of, 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 nat·ure in, any public pfoce in such area if such officer has reason to _believe that any n otified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such r eceptacle or other container ; (ii-) to seize at any time during the period specified in the notification any noti fi ed arms being carried by or other­ wise 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-sec­ tion (1) in respect of any area shall not, in the firs t instance, exceed ninety days, but the Central Government may nmend such notifi­ cation to extend such period from time to time by any period not exceeding ninety dnys at any one time if, in the opinion of that Gov­ ermrient, there continues to be in such area such disturbance of public peace and tranquil1ity 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 necessary or expedient so to do. (3) The provisions o[ the Code of Criminal Procedure, 1973 re­ lating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub,.,section (1). ( 4) For the purposes of this section,- (a) "arms" includ.~s ammunition; (b) "public place" means any place intended for use by, or accessible to, the public or any section of the public; and (c) 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 notification' shall be constnied ?s r~fer~nces to the period as so extended.", • • Amend­ ment of I:<ec­ tiori 25 .. 8. In section 25 of the principal Act,- ( a) for sub-section (1), the following sub-sections shall be substi­ tuted, namely:- ,, (1) Whoever- ( a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession 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 imi­ tation firearm into a firearm in contravention of section 6; or (c) acquires, has in his possession or carries, or manu­ factures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7; or (d) brings into, or takes out of, India any arms or arnmunition 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. (1A) Whoever has in contravention of a notification issued under section 24A in his possession or in contravention of a notification issued under section 24B carries or otherwise has in his possession, any arms or ammunition shall be punishab1e 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. ( LB) Whoever- (a) acq'llires, 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 notification under section 4 any arms-.. of such class or description as has been specified in that notifi­ cation 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 o-r otherwise shown thereon as required 'by sub-section (2) of section 8 or does any act in contrav-ention of sub-section (1) of that section; or (d) being a person fo whom sub-clause (ii) or sub­ clause (iii) of clause (a,) of sub-section (1) of section 9: applies, acquires, has in his possession or carries 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 contavention of clause- (b) of sub-section (1) of section 9; or (f) brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or (9') transports any arms vention of section 12; or or ammunition in contra- (h) fails to deposit arms or ammunition as required by sub-section (2) of section 3, or sub-section (1) of section 21; or (i) being a manufacturer of, or dealer in, arms or am­ munition, 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 prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or k·ept or intentionally fails to exhibit or conceals 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 also be liable to fine: Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentenc·e of imprisonment for a term of less than six months."; (b) for sub-section (3), the following sub-section shall be substi­ tuted, 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 of giving such information to such 'Dis­ trict Magistrate or the officer in charge of the police station, in contravention of the provisions of clause (a) or clause, 1(b) of the proviso to sub-section (2) of section 51, 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.". Substitu.­ tion: of new sec­ tion for section 26. Secret contra­ verrtions. Amend­ ment of secticns 27 and 28. Amend­ ment of section 29. Amend­ ment of section 30. Amend­ ment of section 34 Amend­ ment of sections 37 and 38. Amend­ ment of section 41. 9. For section 26 of th:e principal Act, the following section shall be substituted, namely:_:__ "'26. (1) Whoever docs 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 :mch act may not be knewn 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 a term which shall not be less than six months but which may extend to s·even years and also with fine. (2) Whoever does any act in contravention of any of the provi­ sions of section 5, G, 7 or 11 in such manner as to indicate an intention that such act may not be known to :my public servant or to any person employed or working upon a railway, aircraft, vess·el, vehicle or any other means of conveyance, shall be punishable with imprison­ ment for a term which shall not be less than five years but which may exbend to ten years and also with fine. (3) Whoever on any search being made under section 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment 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. 11. In section 29 of the principal Act, fer the words "six months, or with fine of an amount which may extend to five hundred rupees, or with both", the words ''three years, or with fine, or with both'' shall be substituted. 12. In section 30 of the principal Act, for the words "three months", the words "six months" and for the word~ "five hundred'', the words ''two thousand" shall be substituted. 13. In section 34 of the principal Act,- (a) for th€ words and figures "Sea Customs Act, 1878", the 8of 1878. words and figures "Customs Act, 1962" shall be substituted; 52 of 1962 (b) for the word and figures "section 16", the word and figures "section 58'' shall be substituted. 14. In sections 37 and 38 of the principal Act, for the words and figures ''Code of Criminal Procedure, 189W', the words and figures "Code of Criminal Procedure, 1973" shall be substituted. 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 nr c~ass of persons ( either generally or in relation to such description of _arms and ammunition as may be specified in the notification)" shall be substituted. 5 of 1898. 2 of 1974. 16. In section 44 of the principal Act , - (a) in sub-section (2), in clause (a), after the words '•licen­ sing authorities", the words "including the areas and the categories of arms and ammunition for which they may grant licences'' shall be inserted; (b) in sub-section (8), for the words "two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words ''two or more successive sessions, and if, hefore the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted. ZAIL SINGH, President. R. V. S. PERI SASTRI, Secy. to the Go1;t, of India. Amend· ment of. section 44.