Indians For Guns

StampMaster wrote: ↑

Mon Mar 30, 2020 11:31 am

Hello IFGians,

Hoping you're all doing great.

A friends license application which was on hold for almost 4 years has been rejected in Oct 2019. I've asked him to make an appeal against it as US 18 of Arms Act 1959. What is the time limit and who is the Appellate Authority?

Sec 18 (3) states- The period prescribed for an appeal shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation thereunder..

Limitation Act states- Continuous running of time. Where once time has begun to run, no subsequent dis-ability or inability to sue stops it :
Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues.

However the time limit description is no where clearly mentioned.

Thank you all, Be Safe Stay Healthy.

Pran wrote: ↑

Mon Mar 30, 2020 11:28 pm

Chapter IX - Appeals under Arms Act of the Arms Rules, 2016 sheds light on your query

I'm posting the relevant portion for your perusal-

CHAPTER IX
Appeals under Arms Act

105. Appellate authorities.─ (1) The appellate authority to whom an appeal shall lie against an order of the
licensing or other authority specified in column (1) of the table below, shall be that specified in the
corresponding entry in column (2) thereof :
TABLE
Authority Appellate Authority

(a) District Magistrate ---- Commissioner of the Division or any other equivalent post or in any State in which there is no post of Commissioner
of a Division, the State Government
(b) Commissioner of Police --- State Government


107. Appeal against order of licensing authority or an authority suspending or revoking a licence under subsection
(6) of section 17 of the Act.─ In any case, in which an authority issues an order ─
(i) refusing to grant or renew a licence or to give a "no objection certificate" for such grant or renewal; or
(ii) varying any condition of a licence or suspending or revoking a licence under sub-section (1), or subsection
(3) or sub-section (6) of section 17,
the person aggrieved by such order may, within thirty days from the date of issue of the order, and subject to
the proviso to sub-section (2) of section 18, prefer an appeal against that order, to the concerned appellate
authority.

Herewith Sec 18 of the Arms Act-
18. Appeals.―
(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by, or under the direction of, the Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

In your friend's case, he's past the Limitation period for filing an appeal. He may however file an application under section 5 of the Limitation Act for condonation of delay.

Regards
Pran