Re: NOTIFICATIONS
Posted: Fri Nov 06, 2009 1:20 pm
SUB_ Grant/renewal of arms licences in respect of non-prohibited bore weapons for all-India operation consequent to the amendment dated 24.1.1989 to the Arms Rules, 1962 - Instructions regarding:
1. I am directed to say that consequent to the amendments made to the Arms Rules, 1962 Vide this Ministry's Notification No. V-11026/24/876 ARMS dated 24th January, 1989, several queries are being received from State Governments and UT Administrations seeking directions and asking for definite guidelines for handling applications for arms licences for non-prohibited bore weapons. It is, therefore, proposed to clarify some important points related to arms licensing so that as far as possible there is no ambiguity left in this regard.
2. At the outset it may be stated that in the context of the prevailing conditions of law and order in the country and the international crime scenario in general the need to impose reasonable amount of restrictions on the right to possess arms of any nomenclature and their carrying/movement within specified jurisdiction is considered imperative for ensuring public peace and safety. Therefore, the Government of India's conscious policy to place adequate curbs on the unrestricted issue of fire-arms and their unrestrained movement/carrying from one part of the country to the other is hereby reiterated.
3. The amendments to the Arms Rules referred to in para 1 above envisage as follows:
(i) The District Magistrate can grant a licence valid for the district(or part of the district) under his jurisdiction;
(ii) The State Government can grant a licence valid for the entire State/part thereof (that is for more than one district) under their jurisdiction; and
(iii) The State Government can also grant the licences for all-India or any part thereof subject, however, to the prior approval of the Central Government (Ministry of Home Affairs).
4. In view of the above statutory obligations, therefore, whenever a person applies for grant of a fresh license the District Magistrate would, irrespective of the fact whether the applicant desires to have it for more than one district or for the whole State or for all-India, in the due discharge of his powers restrict its validity to the district(or part of the District). Where, however, the D.M. feels that the applicant is in genuine need of a licence for carrying the weapon outside the confines of the district or of the State or for all-India, he should forward his recommendations(giving full justification) to the State Government/UT Administration concerned for further consideration. On receipt of such recommendation the State Government/UT Administration should examine each case judiciously and then either accept or reject the grant of license as recommended by the D.M. In case of acceptance of the application for grant of an all-India license the matter would of course get referred to the Government of India (Ministry of Home Affairs) for final decision. An important point to be kept in view is that all reference to the Government of India for extending the validity of license on all-India basis should be made only after the licensees have actually procured the weapons.
5. As a rule all-India licenses shall be granted in very rare cases. The few exceptions where a consideration could be given would comprise the following categories:
(i) Ministers and Members of parliament;
(ii) Serving officers of Defence Services, Police and para-military organisations and officers of Government having liability to serve anywhere in India;
(iii) members of recognised Rifle Clubs and Rifle Associations for bona fide Sports & Games.
In all the above cases the State Governments should send their recommendations to the Central Government for obtaining a decision.
6. In the case of licenses coming up for renewal, that is to say the licences which had already been granted prior to the afore-mentioned amendments in the Arms Rules the DM should irrespective of the fact whether the earlier license was for more than one district or for the whole State or for All-India, restrict its validity to the jurisdiction of the district only and renew the licence. This he should do straightaway without any undue delay because the primary objective should be to say that the licensee obtains revalidation/ renewal within the specified period and the weapon (if any)held by the licencee is covered by a valid licence. Such action of The DM cannot be questioned in a Court of Law as he will be acting in accordance with the changes made in the relevant statute. The question as to whether it should be for more than one district or for the State or for all-India could be examined later on merits and suitable recommendation, if considered necessary, made to State Governments/ the Government of India (Ministry of Home Affairs).
This should take care of the bulk of current licences, when they come up for renewal, and will remove any greviance about non-renewal or delay in renewal.
7. It is to be noted that the conditions of a license are not intended to be varied during its term. The restriction referred to in para 6 above should be applied only when the licence comes up in its due term for renewal before the district authority. It will be desirable that the need for this restriction be suitably explained to the license holders at this stage and it is ensured that by and large the applicants are content with licenses having validity for the district. Only very genuine/deserving cases falling in the categories mentioned in para 5 above should be referred by the district authorities to the State Government/Central Government
8. The District Authority/District Magistrates are the final repository of information on arms licenses within their jurisdiction and necessary registers are also maintained by them. No change in the existing systems procedures is contemplated to be made. All applications for fresh licenses or renewal of licenses will continue to be processed by the District magistrates as hithertofore in the manner laid down. Only in few cases where the question of extending the validity of license beyond the jurisdiction (that is to say the district) is involved that thecases get referred to the State/UT authority or the Central Government as the case may be.
9. There is no over-emphasizing the point that the strictest possible control over the issue of fresh licenses(or for renewing the existing ones) has to be applied by all licensing authorities whether it be at a district level or the State Headquarters. The need for possession of weapon by the applicant should gone into meticulously and judiciously both at the stage of issue of fresh licence and then again when it comes up for renewal and only when fully established the applicant should, if otherwise not disqualified, be issued/renewed the licence. It should be borne in mind that renewal of a licence should not be accepted or done as a matter of course.
10. The receipt of this letter may please be acknowledged.
(GOI/MHA letter No. V-11026/8/89-Arms, dated 4.7.1989 to all State Governments/U.T. Administrations)
1. I am directed to say that consequent to the amendments made to the Arms Rules, 1962 Vide this Ministry's Notification No. V-11026/24/876 ARMS dated 24th January, 1989, several queries are being received from State Governments and UT Administrations seeking directions and asking for definite guidelines for handling applications for arms licences for non-prohibited bore weapons. It is, therefore, proposed to clarify some important points related to arms licensing so that as far as possible there is no ambiguity left in this regard.
2. At the outset it may be stated that in the context of the prevailing conditions of law and order in the country and the international crime scenario in general the need to impose reasonable amount of restrictions on the right to possess arms of any nomenclature and their carrying/movement within specified jurisdiction is considered imperative for ensuring public peace and safety. Therefore, the Government of India's conscious policy to place adequate curbs on the unrestricted issue of fire-arms and their unrestrained movement/carrying from one part of the country to the other is hereby reiterated.
3. The amendments to the Arms Rules referred to in para 1 above envisage as follows:
(i) The District Magistrate can grant a licence valid for the district(or part of the district) under his jurisdiction;
(ii) The State Government can grant a licence valid for the entire State/part thereof (that is for more than one district) under their jurisdiction; and
(iii) The State Government can also grant the licences for all-India or any part thereof subject, however, to the prior approval of the Central Government (Ministry of Home Affairs).
4. In view of the above statutory obligations, therefore, whenever a person applies for grant of a fresh license the District Magistrate would, irrespective of the fact whether the applicant desires to have it for more than one district or for the whole State or for all-India, in the due discharge of his powers restrict its validity to the district(or part of the District). Where, however, the D.M. feels that the applicant is in genuine need of a licence for carrying the weapon outside the confines of the district or of the State or for all-India, he should forward his recommendations(giving full justification) to the State Government/UT Administration concerned for further consideration. On receipt of such recommendation the State Government/UT Administration should examine each case judiciously and then either accept or reject the grant of license as recommended by the D.M. In case of acceptance of the application for grant of an all-India license the matter would of course get referred to the Government of India (Ministry of Home Affairs) for final decision. An important point to be kept in view is that all reference to the Government of India for extending the validity of license on all-India basis should be made only after the licensees have actually procured the weapons.
5. As a rule all-India licenses shall be granted in very rare cases. The few exceptions where a consideration could be given would comprise the following categories:
(i) Ministers and Members of parliament;
(ii) Serving officers of Defence Services, Police and para-military organisations and officers of Government having liability to serve anywhere in India;
(iii) members of recognised Rifle Clubs and Rifle Associations for bona fide Sports & Games.
In all the above cases the State Governments should send their recommendations to the Central Government for obtaining a decision.
6. In the case of licenses coming up for renewal, that is to say the licences which had already been granted prior to the afore-mentioned amendments in the Arms Rules the DM should irrespective of the fact whether the earlier license was for more than one district or for the whole State or for All-India, restrict its validity to the jurisdiction of the district only and renew the licence. This he should do straightaway without any undue delay because the primary objective should be to say that the licensee obtains revalidation/ renewal within the specified period and the weapon (if any)held by the licencee is covered by a valid licence. Such action of The DM cannot be questioned in a Court of Law as he will be acting in accordance with the changes made in the relevant statute. The question as to whether it should be for more than one district or for the State or for all-India could be examined later on merits and suitable recommendation, if considered necessary, made to State Governments/ the Government of India (Ministry of Home Affairs).
This should take care of the bulk of current licences, when they come up for renewal, and will remove any greviance about non-renewal or delay in renewal.
7. It is to be noted that the conditions of a license are not intended to be varied during its term. The restriction referred to in para 6 above should be applied only when the licence comes up in its due term for renewal before the district authority. It will be desirable that the need for this restriction be suitably explained to the license holders at this stage and it is ensured that by and large the applicants are content with licenses having validity for the district. Only very genuine/deserving cases falling in the categories mentioned in para 5 above should be referred by the district authorities to the State Government/Central Government
8. The District Authority/District Magistrates are the final repository of information on arms licenses within their jurisdiction and necessary registers are also maintained by them. No change in the existing systems procedures is contemplated to be made. All applications for fresh licenses or renewal of licenses will continue to be processed by the District magistrates as hithertofore in the manner laid down. Only in few cases where the question of extending the validity of license beyond the jurisdiction (that is to say the district) is involved that thecases get referred to the State/UT authority or the Central Government as the case may be.
9. There is no over-emphasizing the point that the strictest possible control over the issue of fresh licenses(or for renewing the existing ones) has to be applied by all licensing authorities whether it be at a district level or the State Headquarters. The need for possession of weapon by the applicant should gone into meticulously and judiciously both at the stage of issue of fresh licence and then again when it comes up for renewal and only when fully established the applicant should, if otherwise not disqualified, be issued/renewed the licence. It should be borne in mind that renewal of a licence should not be accepted or done as a matter of course.
10. The receipt of this letter may please be acknowledged.
(GOI/MHA letter No. V-11026/8/89-Arms, dated 4.7.1989 to all State Governments/U.T. Administrations)