Notification, 2017

Text

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REGD. NO. D. L.-33004/99

EXTRAORDINARY

II— — (i)

PUBLISHED BY AUTHORITY

No. 885] NEW DELHI, FRIDAY, OCTOBER 27, 2017/KARTIKA 5, 1939 II (i) 3

MINSTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 27th October, 2017

G.S.R. 1342(E).—In exercise of the powers conferred by section 44 of the Arms Act, 1959 (54 of 1959), the Central Government hereby makes the following rules to amend the Arms Rules, 2016, namely:—

1. (1) These rules may be called the Arms (Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Arms Rules, 2016, ─

(i) in rule 2, in sub-rule (I), after clause (21), the following clause shall be inserted, namely:- ‘(21a) “existing manufacturer” means any manufacturer holding manufacturing licence under the Arms Rules, 1962 in Form IX or under the Industrial Development (Regulation) Act, 1951 or rules framed thereunder on the date of notification of these rules;’;

(ii) in rule 19, after sub-rule (3), the following shall be inserted, namely:- “(4) The Area validity granted under sub-rule (3) shall not terminate with the validity period of the licence and the renewing authority shall not vary the area validity at the time of renewal of licence:

Provided that where in any case, the renewing authority on the basis of some material evidence, is satisfied that area validity for the whole of India is not required anymore, it may send the recommendations to the licensing authority concerned for review of the area validity.”;

(iii) in rule 29, the following proviso shall be inserted, namely:- “Provided that in case of a licence in Form VII for the manufacture and/or proof test of arms and ammunition, the fee shall be payable at the time of grant of a licence.”;

(iv) in rule 51, -

(a) sub-rule (4) shall be omitted;

(b) for sub-rule (5), the following sub-rule shall be substituted, namely:— “(5) Single licence in Form VII may be issued to an applicant company applying for a multi-unit facility which may be set-up within the same State or in different States within the country, for the grant of a licence under these rules:

Provided that an applicant company may apply for a separate licence for each unit and in that case, separate licence shall be issued for each of the units.”;

(v) in rule 54, for sub-rule (2), the following sub-rule shall be substituted, namely:— “(2) A licence granted in Form VII shall be valid for the life time of the licensee company: Provided that the licensee shall be required to setup the facility for manufacture or proof test of arms and/or ammunition, recruit technical and administrative staff, develop and proof test proto-types of arms and ammunition, conduct trial runs and any other activity related to the setting up of the facility for the manufacture or proof-test of arms and ammunition, within a period of seven years from the date of grant of a licence:

Provided further that the licensing authority may extend the period of seven years by a further period of three years, on the basis of a written representation received from the licensee and after recording reasons for granting such an extension:

Provided also that if during the period of seven years or the extended period of three years, as the case may be, the licensee fails to setup the manufacturing or proof-test facility or is unable to take other operating steps required for starting commercial production, the licence shall be suspended or revoked.”;

(vi) in rule 55, for sub-rule (6), the following sub-rule shall be substituted, namely:- II (i) 5 “(6) The small arms and light weapons produced by the manufacturers may be allowed for export subject to the approval of the Ministry of Home Affairs in consultation with the Ministry of External Affairs, the Ministry of Defence and the Ministry of Commerce, on a case to case basis.”;

(vii) in rule 55, after sub-rule (10), the following sub-rule shall be inserted, namely:- “(11) A licensee company having a licence in Form VII shall be permitted to have enhanced annual production of firearms and/or ammunition upto fifteen per cent. of the quantity endorsed on his licence, by giving prior intimation to the licensing authority for which no further endorsement on the licence as to capacity shall be required.”;

(viii) in rule 59, ─

(a) in sub-rule (7), for the words “Every licensee having a proof-test facility”, the words and figures “Every licensee holding a licence in Form VII” shall be substituted;

(b) in sub-rule (9), for the words “Every licensee under this rule”, the words and figures “Every licensee having a licence in Form VII” shall be substituted;

(ix) in rule 60, for sub-rule (4), the following sub-rules shall be substituted, namely:- “(4) Every existing manufacturer shall be issued a fresh licence in Form VII, within a period of two years of the notification of these rules, by the licensing authority and any permission or any exemption granted for procurement of raw materials to the existing manufacturers under the Arms Rules, 1962 or under the Industrial Development (Regulation) Act, 1951 or rules framed thereunder, shall be deemed to have been issued under the corresponding provisions of these rules.

(5) Every fresh licence issued in Form VII under sub-rule (4) shall be valid for the life time of the licensee and such licensee shall be permitted to have enhanced annual production of firearms and/or ammunition upto fifteen per cent. of the quantity endorsed on his licence by giving prior intimation to the licensing authority and for which no further endorsement on the licence as to capacity, shall be required.”;

(x) in Schedule IV, in Part II of Table A, for serial numbers 7,8,9,10,15 and 20 and the entries relating thereto, the following serial numbers and entries shall, respectively, be substituted, namely:— Sr.

No Form No. Licence Fee at the time of grant of licence (in Rs.) Renewal fee for each subsequent year wherever applicable (in Rs.) “7. VII Manufacture and Proof Test I Firearms - Annual Licensed Capacity

(a) Not exceeding 1000 units Rs. 5000 N/A

(b) More than 1000 units but not exceeding 10000 units II Ammunition - Annual Licensed Capacity

(a) Not exceeding 1 lac cartridges Rs. 5000 N/A

(b) More than 1 lac cartridges but not exceeding 10 lac cartridges

8. VII-A Manufacture of Category V arms of Schedule I (arms other than firearms)

9. VII-B Manufacture of replica of firearms including of antique muzzle loading [No. V-11026/98/2016-Arms (Pt. I)] MUKESH MITTAL, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 15 th July, 2016.

and Published by the Controller of Publications, Delhi-110054. weapons and air weapons including air rifles/ air guns

10. VII-C Manufacture of air weapons Rs. 5000 N/A

15. X Composite Import/Export licence for arms and ammunition including parts thereof (for each consignment)

20. XV For import and Transportation for Govt. of Nepal (for each consignment)

ALOK KUMAR

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Arms Act, 1959