Indians For Guns

Bill No. 102 of 2010

THE ARMS (AMENDMENT) BILL, 2010
A Bill further to amend the Arms Act, 1959.

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

Short title.
1. This Act may be called the Arms (Amendment) Act, 2010.

Amendment of section 13.
2. In Section 13 of the Arms Act, 1959 (hereinafter referred to as the principal Act), -

(a) in sub-section (2),--
(i) for the words "within the prescribed time", the words "within sixty days from the date of receipt of application by him and in case such officer fails to do
so, he shall record the reasons therefor and intimate the same to the licensing authority:" shall be be substituted;
(ii) the following proviso shall be inserted, namely :--
"Provided that in the case the licensing authority is of the opinion that the reasons for such failure are not sufficient or convincing, he may recommend
to the concerned authorities to initiate punitive action, under section 30A, against the officer in charge of the concerned police station for such failure
to send the report within the time specified under this sub-section.",
(b) in sub-section (2A), the proviso shall be omitted.

Insertion of new section 30A

3. After section 30 of the Principal Act, the following section shall be inserted, namely:--

(Punitive action for failure to furnish report under section 13.)

"30A. In case a police officer, ---
(a) fails to send the report under section 13 and reasons for such failure given by such officer are not sufficient or convincing; or

(b) has failed to give reasons for failure to send the report under section 13, such failure to send the report or failure to give reasons shall be dereliction of duty by such
police officer and he shall be proceeded against and punished for dereliction of his duty under the service rules applicable to him".


STATEMENT OF OBJECTS AND REASONS

1. The Arms Act 1959 and rules thereunder regulates the acquisition, transfer of arms and ammunition and punishment for contravention of the provisions of the Act.

2. Under the existing provisions, it is compulsory to obtain under section 3 of the Arms Act, 1959 a license for acquisition and possession of firearms and ammunition. Section 13 of the Arms Act, 1959, inter alia, lays down the procedure for grant of such licenses which requires the licensing authority to call for the report of the officer incharge of the nearest police station on the application for grant of such license. Such police officer is required to send his report within the prescribed time. After making such enquiry as the licensing authority may consider necessary and on receipt of report from the officer incharge of the nearest police station, the licensing authority may grant the license or refuse to grant the same. However, the proviso to sub-section (2A) of section 13 of the aforesaid Act empowers the licensing authority to grant an arms license where the report of the police authorities has not been received within the prescribed time.

3. Proliferation of arms and ammunition, whether licensed or not, in the country disrupt the social order and development, vitiate the law and order situation, directly contribute towards lethality of violent acts, and needs to be curbed. It is, thus, imperative to ensure that arms licenses are issued to the bonafide persons by the licensing authority concerned after due verification of their antecedents by the police authority concerned.

4. In view of the foregoing paragraph, it has become necessary to make the procedure for grant of license for the acquisition, transfer of arms and ammunition more specific. The provisions of the Arms (Amendment) Bill, 2010 proposes to --

(a) amend sub-section (2) of section 13 of the Arms Act, 1959 so as to specify in the Act itself the time limit of sixty days from the date of receipt of application for sending the aforesaid report by the officer incharge of the nearest police and to record the reasons for failure to send the report within the specified time;

(b) insert a proviso sub-section (2) of section 13 of the Arms Act, 1959 so as to provide that the licensing authority may recommend to the concerned authorities to initiate punitive action under section 30A (proposed to be inserted in the Bill), against the officer in charge of the concerned police station in case the police officer fails to submit the report within the specified time or the licensing authority is of the opinion that the reasons for failure to submit the report by the officer incharge of the nearest police station are not sufficient or convincing;

(c) omit the proviso to sub-section (2A) of section 13 of the Arms Act, 1959 so as to do away with the discretion of the licensing authority to issue the license without receipt of the report from the officer incharge of the nearest police station;

(d) insert a new section 30A in the Arms Act, 1959 to provide for punitive action for failure to send the report or failure to give sufficient or convincing reasons for not sending the report within the time limit of sixty days proposed to be specified.

5. The Bill seeks to achieve the above object.


New Delhi; P. Chidambaram
The 5th August,2010

Annexure - Extract from the Arms Act 1959

Section 13(1), 13(2), 13(2A) copy pasted on the last page....

psm wrote:Don't jump to conclusions.
But lets hope for best.

Best will come out of NAGRI team's especially Abhijeet's untiring work and efforts.

kanwar76 wrote:Hmmmm

How come this is talking only about the verification process and not everything else as put up by them in the Amendment ??

Nitro Express wrote:

kanwar76 wrote:Hmmmm

Just confirmed my fear.

Nitro Express

kanwar76 wrote:

Nitro Express wrote:

kanwar76 wrote:Hmmmm

Just confirmed my fear.

Nitro Express

Hi Nitro,

I don't know what your fears were or how they got confirmed ny my expression. I was commenting on exactly what Good boy mentor has written in his post. This is nothing but a clever worded amendment. Wording is capable of fooling people that its a good thing if all license holders are verified by police.

Thats why hmmmm and

-Inder

and they will, have no fear on this, since most MPs can not read between the lines. but need to have everything spelled out to them.