License Renewal subject to !!!!!!!!

[aniket24]

My arms license was given for renewal to the DM's office. It was renewed by the DM but he has put in the wordings "Renewed Upto 31/12/2013 subject to report from the Suprintendent of Police". What does this mean ? Dosent he have the powers to renew the license on his own? and how do i know the suprintendent of Police has given a report to the DM and it is positive?

[dr.jayakumar]

this due to lack of knowledge by the DM(dim).thats all i can say.they always do not want to hold responsibility for anything and still want all the limelight.i think you should enquire the dm office for explanation and maybe sight in about'' arms act'' on renewel procedure.

[edgaringoa]

It could also mean that the DM has exercised his powers as the awaited SP's report which is usually time bound hasn't turned up. The reasons could be many but its usually exigencies of duty. Check with the SP's office if any such report is pending. In your own interest do not fall back on any pending procedures.

[andy_65_in]

get the SP report and get the remark modified to renewed upto-- 2013 only by the DM-i doubt that chap knows the procedure

[veeveeaar]

Aniket I wonder how you came to know about this renewal proceedings order, in the first place? did some clerk tell you or was it issued to you in the same language as you have said? If it was issued to you as said, then don't worry . It is not your worry at all , just take your licence book and mind your business. It may be also a way of the present DM to move things in pace with regulations and also show his higher ups that he is on the line and the SP is not keeping in pace with him . PLEASE DO NOT ASK THE SP ABOUT HIS REPORT, if you have the licence book with you,let time take its toll. you are in no way liable for any legal action whatsoever. This case may also invite action from the SP 's higher ups and also be an eye opener and a deter-ant to future SP's who think they can take the common man according to their whims and fancies and take their own time on such important security matters.

[edgaringoa]

Checking with the Clerical staff at the SP's office may clear the air and buy you peace of mind. The report may be positive but not yet dispatched to the DM's office.Don't get into a situation where trouble could come knocking at your door. The DM and SP's offices are the" Powers that be" with reference to the Arms Act. The Police Dept also maintains a Civil Arms register duly noting the details of your License and Weapon, so if your records stand updated in there then there's really nothing to worry.Good Luck

[goodboy_mentor]

I agree with veeveeaar that it is not your worry at all. As per Section 15(3) of Arms Act 1959 licensing authority has to give reasons in writing if decides not to renew the license.

"15. Duration and renewal of licence
(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof."

It was unnecessary for District Magistrate(Licensing Authority) to write ".............subject to report from the Suprintendent of Police" since this is already written for the District Magistrate(Licensing Authority) in Section 15(3) of Arms Act 1959 when it says "...........the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof."

Moreover the District Magistrate(Licensing Authority) can suspend or revoke the license regardless whether he writes ".............subject to report from the Suprintendent of Police" practically for any reason, anytime as per Section 17(3) of Arms Act 1959

17. Variation, suspension and revocation of licences
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,---

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.

[dr.jayakumar]

time and again we have been discussing about renewel,new licence,area of validity,import of guns..and so on.we are all law abiding citizens trying our best to live within this arms act and still own a gun.i feel we should do some thing about this; on the whole; and fight for our rights.as i had been trying to file a writ against the govt, on ban to import arms,i am being discouraged by most lawyers.most are ready to fight for a criminal in a court,then for us.these things can only be sorted out,if we all join together and go against the present ''arms act''.we all have to act somehow if we have to have our basic HUMAN RIGHT.

[aniket24]

Thank You All for you suggestions and recommendations.