NEW RULE FOR CROP PROTECTION

[mbsolan]

New applicants of arms licence (crop protection form V) in the state of Himachal Pradesh need to submit new document:-

‘No Objection certificate from District Forest Officer (DFO)’

This No objection certificate is required by Licencing Authority for clearing new cases for crop protection Form V. The land is registered in the name of the agriculturist who has rights to grow crops in his field, but needs a no objection certificate for protection of his growing crops from forest department. In many instances the agriculturist is issued a licence only when he submits an affidavit in the Office of the Sub Division Magistrate with an undertaking that he will deposit his weapon with local police station from November to May Months every year. A Large number of new licnces and transfer cases are pending in the offices of DFO and Conservator of forests on such requirement.

The following questions need answers:-

1. Is this certificate prescribed under any of the sections of The Arms Act or The Arms Rules.?
2. Is this a mandatory requirement for issue of new licence or transfer licence
3. By which notification the Licencing authority requires ‘No Objection certificate from District Forest Officer’ from new applicants of arms licences in form V?
4. What is the notification number, date of issue and issued by whom?
5. If the agriculturist deposits his gun from November to May Months every year how will he protect crop/cattle?


‘Certificate of Training in Handling Arms and Ammunition’

This certificate is required by police authorities for clearing new licence applications. Applicants are required to submit this certificate issued from ex-army officers, ex police personnel or dealers in arms and ammunition stating that the applicant is trained in handling arms and ammunition. However no ex-army officer, police or dealer issues such certificate. The Licence branch could not clarify who is authorized to issue such a certificate, but police authorities continue to demand the same.


The following questions need answers:-

1. Is this certificate prescribed under any of the sections of The Arms Act or The Arms Rules.?
2. By which notification the police authorities require ‘Certificate of Training in handling Arms and Ammunition’ from new applicants of arms licences?
3. What is the notification number, date of issue and issued by whom?
4. Which authority, agency or dealer in H.P is authorised to issue ‘certificate of Training in Handling Arms and Ammunition’?
5. What is the stipulated time period within which the police authorities must send verification report for application of new arms licence?

[prashantsingh]

D F O stands for Divisional Forest Officer not District Forest Officer

[nagarifle]

not in the arms act.
however LA might want prove of the fact that ones crops are under threat from naxals etc

[goodboy_mentor]

1. Is this certificate prescribed under any of the sections of The Arms Act or The Arms Rules.?

No. on the contrary Section 13 of Arms Act 1959 makes it obligatory on Licensing Authourity to issue the license if the applicant is not disqualified under Section 14 of Arms Act 1959.
Relevent portions of Section 13 of Arms Act 1959:
(3) The licensing authority shall grant---

(a) a licence under section 3 where the licence is required---

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:

Please note the words "shall grant", it is a kind of order by parliament to the licensing authourities that if the applicant is not disqualified under Section 14 of Arms Act then licensing authourity "shall grant" license.

2. Is this a mandatory requirement for issue of new licence or transfer licence

No. Better do RTI to hear what they say.

3. By which notification the Licencing authority requires ‘No Objection certificate from District Forest Officer’ from new applicants of arms licences in form V?
4. What is the notification number, date of issue and issued by whom?

Notification under Arms Act can be done by Central Government only. You may do an RTI. Also please note that notifications cannot be issued to undermine the provisions of arms act or the objects and reasons of arms act. The objects and reasons of arms act are mentioned below:
(a) to exclude knives, spears, bows and arrows and the like from the definition of ‘arms’.
(b) to classify firearms and other prohibited weapons so as to ensure –
(i) that dangerous weapons of military patterns are not available to civilians, particularly anti-social elements;
(ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege; and
(iii) that firearms required for training purposes and ordinary civilian use are made more easily available on permits;
(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;
(d) to recognize the right of the State to requisition the services of every citizen in national emergencies. The licensees and permit holders for firearms, shikaris, target shooters and rifle-men in general (in appropriate age groups) will be of great service to the country in emergencies, if the Government can properly mobilize and utilize them.

5. If the agriculturist deposits his gun from November to May Months every year how will he protect crop/cattle?

There is no such thing under Arms Act that requires depositing between certain months. Better do an RTI to get information.

1. Is this certificate prescribed under any of the sections of The Arms Act or The Arms Rules.?

No. Better do RTI to hear what they say.

2. By which notification the police authorities require ‘Certificate of Training in handling Arms and Ammunition’ from new applicants of arms licences?
3. What is the notification number, date of issue and issued by whom?

Notifications under Arms Act can be issued by Central Government only. Better do an RTI with those putting up such requirements.

4. Which authority, agency or dealer in H.P is authorised to issue ‘certificate of Training in Handling Arms and Ammunition’?

Better do an RTI and also ask such certificate has been issued to them under which section of Arms Act?

5. What is the stipulated time period within which the police authorities must send verification report for application of new arms licence?

Unfortunately this is one of the biggest loopholes of Arms Act to keep the issue of arms license pending for practically indefinite period.

Section 13 Arms Act 1959:

13. Grant of licences.- (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

1*[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

As you can see above the Arms Act is talking about "prescribed time" but not "prescribing" any time! You may do an RTI to get information as to what is the duration of "prescribed time" under Section 13(1)(2) of Arms Act 1959.

[mbsolan]

RTI reply
Letter of Chief Wildlife Warden to all Deputy comissioners in HP

[goodboy_mentor]

Either accept these unconstitutional provisions of Wildlife Protection Act 1972, Rule 14(2) of Arms Rules 1962 and other similar provisions in Arms Act and Rules or fight them that they are unconstitutional and unreasonable on the various grounds including that arms are fundamental right under Articles 91 and 21 of the Constitution.

[advmayya]

Arms Rules 2016, Rule 10 mandates certificate of training in S1 format.

[StampMaster]

I agree with Goodboy Mentor on RTI and about the Act. But as per the rules 2016, 35 (2) licensee under Form IV has to deposit their weapon during seasons of non-cultivation and are under the obligation of Widlife Protection Act etc.

There is nothing mentioned in the act on Training certificate. But, can be obtained from a local rifle association or shooting range (depending on the state). But the red tape is forcing the citizen to move towards draconian era.

5. What is the stipulated time period within which the police authorities must send verification report for application of new arms licence?

30 days in general. But may extend to 90 days by order from Central govt for certain areas/states. Check with your state.

Licensee has to go thought a long battle to win the case in his favour.

[Woods]

Our friend goodboy_ mentor has come back after a long time . Hope the discussions will be fruitful and aimed solely at RKBA and related matters .