Wildlife Protection Act of 1972 vs Arms act 1959

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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renjith747
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Wildlife Protection Act of 1972 vs Arms act 1959

Post by renjith747 » Fri Jul 06, 2012 10:18 pm

Wildlife Protection Act of 1972

"Under Article 34 of WPA of 1972, sub-section 3 states that no new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of 10 km of a sanctuary without the prior concurrence of the chief wild life warden."

Arms act of 1959

Section 13(3) in The 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: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle
1. Subs. by Act 25 of 1983, s. 6, for sub- section (2) (w. e. f. 22- 6- 1983 ).
club or rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

The sections in both act seems contradictory, what will happen to a fresh arms license if the applicant is residing near to forest area?.

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Nitro Express
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Re: Wildlife Protection Act of 1972 vs Arms act 1959

Post by Nitro Express » Fri Jul 06, 2012 10:40 pm

This act came in when hunting was just about to be banned in India.

If you reside within the radius, your license would go to the office of the Divisional Forest Officer in charge of the concerned area for necessary clearance.

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Last edited by Nitro Express on Sat Jul 07, 2012 11:31 am, edited 1 time in total.

dr.jayakumar
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Re: Wildlife Protection Act of 1972 vs Arms act 1959

Post by dr.jayakumar » Sat Jul 07, 2012 8:55 am

the whole indian law is contradictory!!
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Re: Wildlife Protection Act of 1972 vs Arms act 1959

Post by goodboy_mentor » Sat Jul 07, 2012 10:39 am

Yes it is not only contradictory but unconstitutional. Constitution itself is a bunch of contradictions and complications to create confusion, the laws under it are even more so.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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