Arms Act during question time in Parliament
Posted: Sun Mar 07, 2010 2:36 pm
Lok Sabha
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 4053
ANSWERED ON 15.12.2009
GUIDELINES OF ARMS LICENCING
4053 . Shri ASHOK ARGAL
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether there is any proposal to revise the 1995 guidelines regarding area validity of arms licence;
(b) if so, the details thereof;
(c) whether any complaints of noncompliance of central guidelines on arms licence under the Arms Act 1962 have been received from various States including Delhi;
(d) if so, the details thereof and the reaction of the Government thereto; and
(e) the details of applications from peoples representatives for extension of area validity of their arms licences received during the current year and the action taken thereon?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)
(a) & (b): Yes, Madam. The guidelines regarding area validly of arms licenses are under review and necessary changes will be made, as necessary.
(c) & (d): Some complaints alleging non compliance of the guidelines on area validity of arms licences by the Govt. of NCT of Delhi were received. The matter was examined and it was found that vide letter No. V-11026/106/94-Arms, dated 11-10-1995 issued by Ministry of Home Affairs, powers have been delegated to the State Governments to consider requests for extension of area validity of arms licences. State Governments have been advised to consider such requests judiciously, on merits, depending on the genuineness of the need, local factors and law and order situation prevailing in the State. Thus, the State Governments are fully competent to decide such cases, and it was thus observed that no non-compliance was done by the Govt. of NCT of Delhi in the matter.
(e):
(i) Applications for extension of area validity in respect of Non-Prohibited Bore (NPB) weapons are considered by the State Government concerned based on the recommendations of the DM concerned. Data in respect of NPB licences is not maintained at central level.
(ii) Applications for extension of area validity in respect of Prohibited Bore (PB) weapons are considered at central level by Ministry of Home Affairs. NO application for extension of area validity of arms licences from Hon’ble MPs in respect of PB weapons has been received during the current year upto 30-11-2009.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 16
ANSWERED ON 23.02.2010
DATABASE OF ARMS LICENCE HOLDERS
16 . Smt. MANEKA GANDHI
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether there is any proposal to create a centralised database of the arms licence holders in the country;
(b) if so, the details thereof;
(c) whether the Government has decided to draft new arms and ammunition policy to accommodate the said provision; and
(d) if so, the details thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)
(a) to (d): Yes Madam. The Government has decided to review various provisions of the Arms Act, 1959 and Arms Rules, 1962 with regard to grant of arms licences for possession of arms and ammunition by individuals and manufacture of fire-arms in the country. This also includes a proposal to make a provision under the Arms Rules, under which the Licensing Authorities will be required to maintain a database and to share the data with the Central Government which shall maintain a national database.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 4053
ANSWERED ON 15.12.2009
GUIDELINES OF ARMS LICENCING
4053 . Shri ASHOK ARGAL
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether there is any proposal to revise the 1995 guidelines regarding area validity of arms licence;
(b) if so, the details thereof;
(c) whether any complaints of noncompliance of central guidelines on arms licence under the Arms Act 1962 have been received from various States including Delhi;
(d) if so, the details thereof and the reaction of the Government thereto; and
(e) the details of applications from peoples representatives for extension of area validity of their arms licences received during the current year and the action taken thereon?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)
(a) & (b): Yes, Madam. The guidelines regarding area validly of arms licenses are under review and necessary changes will be made, as necessary.
(c) & (d): Some complaints alleging non compliance of the guidelines on area validity of arms licences by the Govt. of NCT of Delhi were received. The matter was examined and it was found that vide letter No. V-11026/106/94-Arms, dated 11-10-1995 issued by Ministry of Home Affairs, powers have been delegated to the State Governments to consider requests for extension of area validity of arms licences. State Governments have been advised to consider such requests judiciously, on merits, depending on the genuineness of the need, local factors and law and order situation prevailing in the State. Thus, the State Governments are fully competent to decide such cases, and it was thus observed that no non-compliance was done by the Govt. of NCT of Delhi in the matter.
(e):
(i) Applications for extension of area validity in respect of Non-Prohibited Bore (NPB) weapons are considered by the State Government concerned based on the recommendations of the DM concerned. Data in respect of NPB licences is not maintained at central level.
(ii) Applications for extension of area validity in respect of Prohibited Bore (PB) weapons are considered at central level by Ministry of Home Affairs. NO application for extension of area validity of arms licences from Hon’ble MPs in respect of PB weapons has been received during the current year upto 30-11-2009.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 3274
ANSWERED ON 28.07.2009
ARMS LICENCE WITH ALL INDIA VALIDITY
3274 . Shri ASHOK ARGAL
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) the number of recommendations received by the Union Government from the States including NCT of Delhi for last three years for extension of the validity of arms licences to all India licence;
(b) the number of arms licences whose validity has been so extended to all India;
(c) whether the Government has refused to extend the validity of such arms licences despite recommendation from NCT of Delhi; and
(d) if so, the details thereof including their number?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)
(a): As per guidelines issued in 1995, requests for extending the area validity of Non-Prohibited Bore arms licences are considered by the State Governments concerned on merits based on the recommendations of the DMs concerned, keeping in view the genuineness of the need, law and order situation obtaining in the district/ State and other local factors.
In respect of Prohibited Bore arms licences, requests for extending the area validity for the All India are considered by MHA on merits, in consultation with the State Governments and the security agencies concerned. Ninety-one recommendations were received by the Union Government from States including NCT of Delhi during last three years; i.e. 2006 to 2009 (till date), for extension of the validity of the Prohibited Bore arms licence to all India basis.
(b): Validity of 62 arms licences was allowed to all India during last three years; i.e. 2006 to 2009 (till date) in respect of Prohibited Bore weapons.
(c) & (d): Union Govt. have received 30 recommendations from the NCT of Delhi during the last three years; i.e. from 2006 to 2009 against which validity of eleven arms licences was allowed to all India in respect of Prohibited Bore weapons.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 2262
ANSWERED ON 21.07.2009
VALIDITY OF ARMS LICENCES
2262 . Shri YASHVIR SINGH
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether the Government has issued any guideline to the State Governments regarding all India validity of arms licences;
(b) if so, the details thereof;
(c) whether there is any proposal to amend the Arms Act;
(d) if so, the details thereof;
(e) whether any complaint has been received regarding forging of the guidelines for grant of all India validity of arms licences; and
(f) if so, the details thereof and the reaction of the Government thereto?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)
(a): Yes, Madam.
(b): As per guidelines issued in October, 1995 by Ministry of Home Affairs (MHA), requests for extending the area validity of Non-Prohibited Bore arms licences are considered by the State Government concerned, on merits, based on the recommendations of the DM concerned,keeping in view the genuineness of the need, law and order situation obtaining in the district/State and other local factors.In respect of Prohibited Bore arms licences,requests for extending the area validity of arms licences to all India are considered by MHA on merits, in consultation with the State Government and the security agencies concerned.
(c) & (d): Arms policy is under review and necessary amendments would be made, wherever necessary.
(e) & (f): A complaint alleging forging the guidelines on area validity of arms licences by the Govt. of NCT of Delhi was received from Shri Ashok Argal, Hon’ble MP. The matter was examined. As already indicated in reply to part (b) of this question, powers have been delegated to the State Governments to consider requests for extension of area validity of arms licences.They have been advised to consider such requests judiciously, on merits, depending on the genuineness of the need, local factors and law and order situation prevailing in the State. Thus, the State Governments are fully competent to decide such cases, and it was thus observed that no forgery was done by the Government of NCT of Delhi in the matter. Accordingly, a reply was sent to the Hon’ble MP on 13.04.2009.