The Arms’ Act, 1878
ACT
No. XI OF 1878
15th March.1878
An Act to consolidate and
amend the law relating to Arms, Ammunition and military
Stores.
WHEREAS it is expedient to
consolidate and amend the law relating to arms, ammunition and military stores;
It is hereby enacted as follows:‑
Statement of Objects
and Reasons
(For the Statement of
Objects and Reasons, see Gazette of India, 1877, Pt. V, p. 650; for discussions
in Council, see ibid., 1877, Supplement, pp. 3016 and 3030; ibid., 1878,
Supplement, pp. 435 and 453.
Entrustment of
functions
The functions of the
Central Government under certain provisions of this Act, subject to certain
conditions, were entrusted to‑
(a)
Provincial Governments with their consent, for a period of three years (with
effect from the 1st April,
1951 ), see Gaz. of P., 1951, Pt. I, p. 181; and
(b)
The Chief Commissioner of Karachi , for the
period 28th April, 1952
to 31st March, 1957 ,
see Gaz. of P., 1954, Pt. I, p. 136.
Act
applied to‑
(i)
Baluchistan by Regulation III of 1940 with
certain restrictions and modifications.
(ii)
Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.‑W.F.P., subject to certain modifications; see N.‑W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
(iii)
Excluded Area of Upper Tanawal other than Phulera, by the N: W. F.P. (Upper Tanawal ) (Excluded Area) Laws Regulation, 1950 and
declared to be in force in that area with effect from 1st June, 1951; see N:
W.F.P. Gazette, Ext., dated 1st
June, 1951 ;and
(iv)
The Leased Areas of
Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and
applied in the Federated Areas of Baluchistan; see Gazette of India, 1937, Pt.
I, p. 1499.
Extent
It has been extended
to the Baluchistan States Union by the Baluchistan States Union (Federal Laws)
(Extension) Order, 1953 (G. G. O. 4 of 1953), as amended.
The Act has been and shall be deemed to has been brought into force in Gwadur
with effect from the 8th September, 1958 by the Gwadur (Application of Central
Laws) Ordinance, 1960 (37 of 1960), s. 2.
It is in force throughout the province of Assam except the Lushai Hills, see
Notification No. 2443‑T., dated the 1st June, 1914, Assam Gazette, 1914, Pt.
II, p. 843.
A license granted under the Explosives Act, 1884 (4 of 1884), for the
manufacture, possession, sale, transport or importation of an explosive may be
given the effect of a like license granted under the Arms Act, 1878 (11 of
1878), see Act 4 of 1884, s. 15.
As to the possession, manufacture and export of arms, ammunition and gun‑powder
in the Chittagong Hill Tracts, see the Chittagong Hill Tracts Regulation, 1900
(1 of 1900), ss. 11 and 12.
As to further law relating to unlawful manufacture and possession of explosive
substances, see the Explosive Substances Act, 1908 (6 of 1908), ss 4 (b) and 5.
This Act has been repealed in its application to the Province
of West Pakistan except certain provisions by West Pakistan
Ordinance 20 of 1965, s. 29 (with effect from the 8th June, 1965 ).
The Act has been amended in Bengal by the
Bengal Criminal Law (Arms and Explosives) Act, 1932 (Ben. 21 of 1932), and the
Bengal Criminal Law (Amendment) Act, 1934 (Ben. 7 of 1934); and in the N.‑W.F.P.
by the Indian Arms (N.‑W.F.P. Arndt.) Act, 1934 (N.‑W.F.P. 1 of 1934) and Sind Act 10 of 1953 s. 12.)
I.‑PRELIMINARY
1.
Short title, local extent and commencement:--- This act may
be called the Arms Act, 1878; and it extends to the whole of Pakistan .
Savings:--
But nothing herein contained shall apply to--
(a)
arms, ammunition or military stores on board, any sea going vessel and forming
part of her ordinary armament or equipment, or
(b)
The manufacture, conversion, sale, Import, export, transport, bearing or
possession of arms, ammunition or military stores by order of the Central
Government or any provincial government, or by a public servant or a member of
the forces constituted by the Pakistan Territorial Force Act, 1950 in the Course
of his duty as such public servant or member .
2.
Commencement.
This Act shall come into force on such day 1[ as the 2[Central
Government] by notification in the 3 [official Gazette] appoints.
Legal
amendments
1. 1st
October 1878‑see Gazette of India, 1878, Pt. I, p. 389.
2.
Subs. by A. .O., 1937, for "G. G. in C..
3.
Subs. ibid., for "Gazette of India".
3.
1[REPLEAD]
Legal
amendments
1.
Rep. by the Repealing Act, 1938 (1 of 1938), S. 2 and Sch.
4.
Interpretation‑clause.---In
this Act, unless there be something repugnant in the subject or context,‑
"Cannon"
includes also all howitzers, mortars, wall‑pieces, mitrailleuses and other
ordnance and machine‑guns, all parts of the same, and all carriages, platforms
and appliances for mounting, transporting and serving the same:
["Appropriate
Government" 1[means, in relation to matters enumerated in
the Third Schedule to the Constitution, the Central Government and, in relation
to other matters, the Provincial Government:]
"arms"
includes fire‑arms, bayonets, swords, daggers, spears, spearheads and bows and
arrows, also cannon and parts of arms, and machinery for manufacturing arms
"ammunition"
includes also all articles specially designed for torpedo service and submarine
mining, rockets, gun‑cotton, dynamite, lithofracteur and other explosive or
fulminating material, gun‑flint, gun‑wads, percussion‑caps, fuses and friction‑tubes,
all parts of ammunition and all machinery for manufacturing ammunition, but
does not include lead, sulphur or salt petre
"military
stores", in any section of this Act as applied to any part of 2[Pakistan]
may from time to time, by notification in the 3[official Gazette],
specially extend such section in such part, and includes also all lead,
sulphur, saltpeter and other material to which the 4[Central
Government] may from time to time so extend such section:
"license"
means a license granted under this Act, and "licensed" means holding
such license.
Legal
Amendments
1.
The definition was ins. by A. O., 1964, Art. 2 and Sch.)
2.
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3
and 2nd Sch. (with effect from the
14th October, 1955 ), for the Provinces and the Capital of the
Federation" which had been subs. by A. O., 1949, Arts, 3(2) and 4, for
"British India .") [Pakistan ], means any military
stores to which the (Subs. by A. O., 1937, for "G. G. in C.
3.
(Subs. ibid., for "Gazette of India".)
4.
(Subs. by A. O., 1937, for "G. G. in C.")
II.‑MANUFACTURE,
CONVERSION AND SALE
5.
Unlicensed manufacture, conversion and sale prohibited.--No person shall
manufacture, convert or sell, or keep, offer or expose for sale, any arms,
ammunition or military stores, except under a license and in the manner and to
the extent permitted thereby.
Nothing herein contained shall prevent any, person from selling any arms or
ammunition which he lawfully possesses for his own private use to any person
who is not by any enactment for the time being in force prohibited from
possessing the same ; but every person so selling arms or ammunition to any
person other than a person entitled to possess the same by reason of an
exemption under section 27 of this Act shall, without unnecessary delay, give
to the Magistrate of the district, or to the officer in charge of the nearest
police‑station, notice of the sale and of the purchaser's name and address.
III.‑IMPORT,
EXPORT AND TRANSPORT
6.
Unlicensed
importation and exportation prohibited. No person shall bring or take by sea
or by land into or out of [Pakistan ]
any arms, ammunition or military stores except under a license and in the
manner and to the extent permitted by such license.
Importation and exportation of arms and ammunition for private use. Nothing in
the first clause of this section extends to arms (other than cannon) or
ammunition imported or exported in reasonable quantities for his own private
use by any person lawfully entitled to possess such arms or ammunition; but the
Collector of Customs or any other officer empowered by the 1[Central
Government] in this behalf by name or in virtue of his office may at any time
detain such arms or ammunition until he receives the orders of the 2[Central
Government] thereon.
Explanation.‑Arms, ammunition and military stores taken from one part of
[Pakistan] to another by sea or across intervening territory not being part of
[Pakistan] are taken out of and brought into [Pakistan] within the meaning of
this section.
Legal Amendments
1.
(Subs. by A. O., 1937, for "L. G.".)
2.
(Subs. by A. O., 1937, for "L. G.".)
7.
Sanction of Central Government required to warehousing of arms, etc.-- Notwithstanding
anything contained in the Sea‑Customs Act, 1878, no arms, ammunition or
military stores shall be deposited in any warehouse licensed under section 16
of that Act without the sanction of the 1[Central Government]. VIII
of 1878.
Legal
Amendments
1.
Subs. by A. O., 1937, for "L.
G.
8.
[Levy of duties on arms, etc., imported by sea.] 1[Repealed.]
Legal
amendments
1. Rep.
by the Amending Act, 1891 (XII of 1891).
9.
[Power to impose duty on import by land.] 1[Repealed.]
Legal
amendments
1. Rep.
By the Amending Act, 1891 (XII of 1891).
10.
Power to prohibit transport. The 1["Central
Government" may, from time to time, by notification in the 2[official
Gazette],‑
(a)
regulate or prohibit the transport of any description of arms, ammunition or
military stores over (See foot‑note 2 on page 396, supra.) [the whole of Pakistan ]
or any part thereof, either altogether or except under a license and to the
extent in the manner permitted by such license, and
(b)
cancel any such notification.
Transhipment
of arms.----Explanation.‑Arms, ammunition or military stores transhipped at a
port in [Pakistan ]
are transported within the meaning of this section.
Legal
amendments
1.
Subs. by A. O., 1964, Art 2 and Sch., for which bad been subs. by A. O., 1937,
for "G. G. in C.".
2.
Subs. by A. O., 1937, for "Gazette of India "
11.
Power to establish
searching stations.--The
1[Central Government] may, at any places along the boundary‑line
between [Pakistan] and foreign territory 2[and at such distance
within such line as it deems expedient, establish, searching‑posts at which all
vessels, carts and baggage‑animals, and all boxes, bales and packages in
transit, may be stopped and searched for arms, ammunition and military stores
by any officer empowered by 3[the Central Government] in this
behalf by name or in virtue of his office.
Legal
amendments
1.
Subs. by A. O., 1937, for "L. G.
2. The
words "or between a Province and an Acceding State ",
which were ins. by A. O., 1949, Sch., have been omitted by A. O., 1964, Art. 2,
and Sch.
3.
Subs. by A. O., 1937, for "such Govt.
12.
Arrest of persons conveying arms, etc., under suspicious circumstances. When any person is
found carrying or conveying any arms, ammunition or military stores, whether
covered by a license or not, in such manner or under such circumstances as to
afford just grounds of suspicion that the same are being carried by him with
intent to use them, or that the same may be used, for any unlawful purpose, any
person may without warrant apprehend him and take such arms, ammunition or
military stores from him.
Procedure where arrest made by person not Magistrate or Police‑officer. Any
person so apprehended, and any arms, ammunition or military stores so taken by
a person not being a Magistrate or Police‑officer, shall be delivered over as
soon as possible to a Police officer.
All persons apprehended by, or delivered to, a Police‑officer, and all arms and
ammunition seized by or delivered to any such officer under this section, shall
be taken without unnecessary delay before a Magistrate.
IV.‑GOING ARMED AND POSSESSING ARMS,
ETC.
13.
Prohibition of going armed without license. No person shall go armed with any
arms except under a license and to the extent and in the manner permitted
thereby.
Any person so going armed without a license or in contravention of its
provisions may be disarmed by any Magistrate, Police officer or other person
empowered by the 1[appropriate Government] in this behalf by name
or by virtue of his office.
Legal
amendments
1,
(Subs. by A. O., 1964, Art 2 and Such., for "Central Government"
which had been subs. by A. O., 1937, for L. G.".)
14.
Unlicensed possession of fire‑arms, etc.-----No person shall have in his
possession or under his control any cannon or fire-arms or any ammunition or
military stores except under a license and in the manner and to the extent
permitted thereby.
15.
Possession of arms of any description without license prohibited in certain
places.
In any place to which section 32, clause 2, of Act No. XXXI of 1860 (Act 31 of
1860 was rep. by s. 3 of this Act.) applies at the time this Act comes into
force or to which [ aropriate Government] may by notification in [official
Gazette] specially extend this section(S. 15 has been especially extended to‑
(1) [aces in the Punjab ,
(2) places in assam ]
no person shall have
in his possession any arms of any description, except under a license and in
the manner and to the extent permitted thereby.
Legal
amendments
1.
The original words " the Local Government with the previous sanction of
the Governor General in Council" were first subs. by A. O., 1937 and then
amended by A. O., 1964, Art. 2 and Sch., to read as above.
2. the
(Subs. by A. O., 1937, for "local offcial Gazette"
3.
see Punjab Gazette, 1899, Pt. I, p. 285; ibid., 1900, Pt. I, p. 810.
4.
see Assam Gazette, Extra., dated 23rd March, 1923.),
[16.
In certain cases arms to be deposited at police‑stations or with licensed
dealers.
(1) Any person possessing arms, ammunition or military stores the
possession whereof has, in consequence of the cancellation or expiry of a
license or of an exemption or by the issue of a notification under section 15
or otherwise, become unlawful, shall without unnecessary delay deposit the same
either with the officer in charge of the nearest police‑station or, at his
option and subject to such conditions as the [appropriate Government] may by
rule prescribe, with a licensed dealer.
(2)
When arms, ammunition or military stores have been deposited under sub‑section
(1) or before the first day of January, 1920, under the provisions of any law
for the time being in force, the depositor shall, at any time before the expiry
of such period as the (See foot‑note 6 on preceding page.)[appropriate
Government] may by rule prescribe, be entitled‑‑
(a)
to receive back any thing so deposited the possession of which by him has
become lawful, and
(b)
to dispose, or authorize the disposal, of any thing so deposited by sale or
otherwise to any person whose possession of the same would be lawful ; and to
receive the proceeds of any such sale:
Provided that nothing in this sub‑section shall be deemed to authorize the
return or disposal of any thing the confiscation of which has been directed
under section 24.
(3)
All things deposited as
aforesaid and not returned or disposed of under sub‑section (2) within the
prescribed period therein referred to shall be forfeited to [Government].
(4)
(a) The[appropriate Government]
may make rules consistent with this Act for carrying into effect the
provisions of this section.
(b)
In particular and without prejudice to the generality of the foregoing
provision, the (See foot‑note 6 on page 399, supra.)[appropriate Government]
may by rule prescribe‑
(i)
the conditions
subject to which arms, ammunition and military stores may be deposited with a
licensed dealer, and
(ii)
the period after the expiry of which things deposited as aforesaid shall be
forfeited under sub‑section (3).]
V. LICENCES
17.
Power to make rules as to licenses.--The [appropriate Government] may
from time to time, by notification in the 1[official Gazette], make
rules to determine the officers by whom the form in which, and the terms and
conditions on and subject to which, any license shall be granted and may by
such rules among other matters‑‑
(a)
fix the period for which such license shall continue in force;
(b)
fix a fee payable by stamp or otherwise in respect of any such license granted
in a place to which section 32, clause 2, of Act No. XXXI of 1860 applies at
the time this Act comes into force or in respect of any such license other
than a license for possession granted in any other place;
(c)
direct that the holder of any such license other than a license for possession
shall keep a record or account, in such form as the [appropriate Government]
may prescribe of anything done under such license, and exhibit such record or
account when called upon by an officer of Government to do so ;
(d)
empower any officer of Government to enter and inspect any premises in which
arms, ammunition or military stores are manufactured or kept by any person
holding a license of the description referred to in section 5 or section 6;
(e)
direct that any such person shall exhibit the entire stock of arms, ammunition
and military stores in his possession or under his control to any officer of
Government so empowered; and
(f)
require the person holding any license or acting under any license to produce
the same, and to produce or account for the arms, ammunition or military stores
covered by the same when called upon by an officer of Government so to do.
Legal
amendments
1.
(Subs. by A. O., 1937, for "Gazette of India".)
18.
Canceling and suspension of license. Any license may be cancelled or
suspended,
(a)
by the officer by whom the same was granted, or by any authority to which he
may be subordinate, or by any Magistrate of a district, within the local limits
of whose jurisdiction the holder of such license may be, when, for reasons to
be recorded in writing, such officer, authority, Magistrate deems it necessary
for the security of the public peace to cancel or suspend such license; or
(b)
by any Judge or Magistrate before whom the holder of such license is convicted
of an offence against this Act, or against the rules made under this Act ; and
the 1[appropriate Government] may by a notification in the official
Gazette cancel or suspend all or any licenses throughout 2[Pakistan
or the Province, as the case may be, or any part thereof]].
Legal
Amendments
1.
(Subs. by A. O., 1937, for "the L. G. may at its discretion, by a notification
in the local official Gazette, cancel or suspend all or any licences through.
out the whole or any portion of the territories under its
administration.")
2.
(The original words " the whole or any portion of British India" were
first subs. by A. O., 1949, Sch. and then amended by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955) and A. O., 1964, Art. 2 and Sch., to read as above.,
VI.‑PENALTIES
19.
1[For breach of sections 5, 6, 10, 13 to 17:--Whoever commits
any of the following offences (namely):‑
(a)
manufactures, converts or sells, or keeps, offers or exposes for sale, any
arms, ammunition or military stores in contravention of the provisions of
section 5;
(b)
fails to give notice as required by the same section ;
(c)
imports or exports any arms, ammunition or military stores in contravention of
the provisions of section 6;
(d)
transports any arms, ammunition or military stores in contravention of a
regulation or prohibition issued under section 10;
(e)
goes armed in contravention of the provisions of section 13;
(f)
has in his possession or under his control any arms, ammunition or military
stores in contravention of the provisions of section 14 or section 15 ;
(g)
intentionally makes any false entry in a record or account which, by a rule
made under section 17, clause (c), he is required to keep ;
(h)
intentionally fails to exhibit anything which, by a rule made under section 17,
clause (e), he is required to exhibit ; or
(i)
fails to deposit arms, ammunition or military stores, as required by section 14
or section 16 ;
shall
be punished with imprisonment for a term which may extend to three years, or
with fine, or with both 2[
Legal
Amendments
1.
Offences under this section are bailable, see Code of Criminal Procedure, 1898
(Act 5 of 1898), Sch. II.
2.
After this section, a new S. 19A, prescribing a heavier penalty for offences
under cl. (a) (c), (e) or (f) of s. 19 in respect of certain arms, has been
inserted in Bengal . See the Bengal Criminal
Law (Arms and Explosives) Act, 1932 (Ben 21 of 1932), s. 3 and the Bengal Criminal Law Arndt. Act, 1934 (Ben. 7 of 1934), s.
3.
20.
For secret breaches of sections 5, 6, 10, 14 and 15. Whoever does any
act mentioned in clause (a), (c), (d) or (f) of section 19, in such manner as
to indicate an intention that such act may not be known to any public servant
as defined in the Pakistan Penal Code, or to any person employed upon a
railway or to the servant of any public carrier,
For concealing arms,
etc.-----and whoever, on any search being made under section 25, conceals or
attempts to conceal any arms, ammunition or military stores,
shall be punished with imprisonment for a term which may extend to seven years,
or with fine, or with both.
Legal
Amendments
1.
A proviso, prescribing a
heavier penalty for offences under this section in respect of certain arms, has
been inserted in Bengal ; see Ben. Act 21 of
1932, s. 4. After this section, a new s. 20A prescribing heavier penalty in
certain cases has been inserted in Bengal ; see
Ben. Act 7 of 1934, s. 4.
21.
For breach of license.--Whoever,
in violation of a condition subject to which a license has been granted, does
or omits to do any act shall, when the doing or omitting to do such act is not
punishable under section 19 or section 20, be punished with imprisonment for a
term which may extend to six months, or with fine which may extend to five
hundred rupees, or with both.
22.
For knowingly purchasing arms, etc., from unlicensed person. For delivering
arms, etc., to person not authorised to possess them.-----Whoever
knowingly purchases any arms, ammunition or military stores from any person not
licensed or authorized under the proviso to section 5 to sell the same ; or
delivers any arms, ammunition or military stores into the possession of any
person without previously ascertaining that such person is legally authorized
to possess the same,
shall be punished with imprisonment for a term which may extend to six months,
or with fine which may extend to five hundred rupees, or with both.
23.
Penalty for breach of rule.--Any person violating any rule made under this Act, and
for the violation of which no penalty is provided by this Act, shall be
punished with imprisonment for a term which may extend to one month, or with
fine which may extend to two hundred rupees, or with both.
24.
Power to confiscate.--When any person is convicted of an offence punishable under
this Act, committed by him in respect of any arms, ammunition or military
stores, it shall be in the discretion of the convicting: Court or Magistrate
further to direct that the whole or any portion, of such arms, ammunition or
military stores, and any vessel, cart or' baggage‑animal used to convey the
same, and any box, package or bale in which the same may have been concealed,
together with the other contents of such box, package or bale, shall be
confiscated.
VII.‑MISCELLANEOUS
25.
Search and seizure by Magistrate.--Whenever any Magistrate has reason
to believe that any person residing within the local limits of his jurisdiction
has in his possession any arms, ammunition or military stores for any unlawful
purpose,
or that such person cannot be left in the possession of any such arms,
ammunition or military stores without danger to the public peace,
such Magistrate, having first recorded the grounds of his belief, may cause a
search to be made of the house or premises occupied by such person or in which
such Magistrate has reason to believe such arms, ammunition or military stores
are or is to be found, and may seize and detain the same, although covered by a
license, in safe custody for such time as he thinks necessary.
The search in such case shall be conducted by, or in the presence of, a
Magistrate, or by, or in the presence of, some officer specially empowered in
this behalf by name or in virtue of his office by the[appropriate Government].
26.
Seizure and detention by appropriate Government. The appropriate
Government may at any time order or cause to be seized any arms, ammunition or
military stores in the possession of any person, notwithstanding that such
person is licensed to possess the same, and may detain the same for such time
as it thinks necessary for the public safety.
27.
Power to exempt.
The appropriate Government may from time to time, by notification published in
the official Gazette exempt any person by name or in virtue of his office, or
any class of persons, or exclude any description of arms or ammunition, or
withdraw any part of Pakistan, or of the province, as the case may be, from the
operation of any prohibition or direction contained in this Act; and
cancel any such
notification, and again subject the per-sons or things or the part of Pakistan
or Province comprised therein to the operation of such prohibition or
direction.
28.
Information to be given regarding offences.-----Every person aware of the
commission of any offence punishable under this Act shall, in the absence of
reasonable excuse, the burden of proving which shall lie upon such person, give
information of the same to the nearest Police‑officer or Magistrate, and
every person employed
upon any railway or by any public carrier shall, in the absence of reasonable
excuse, the burden of proving which shall lie upon such person, give
information to the nearest Police officer regarding any box, package or bale in
transit which he may have reason to suspect contains arms, ammunition or
military stores in respect of which an offence against this Act has been or is
being committed.
29.
Sanction required to certain proceedings under section 19, clause (f) 1[Where
an offence punishable under section 19, clause (f), has been committed within
three months from the date(The 1st October, 1878.) on which this Act comes into
force in any province, district or place .to which section 32, clause 2, of Act
XXXI of 1860 (Act 31 of 1860 was rep. by s. 3 of this Act.) applies at such
date, or where such an offence has been committed in any part of [Pakistan] not
being such a district, province or place, no proceedings shall be instituted
against any person in respect of such offence without the previous sanction of
the Magistrate of the district 2[*****].
Legal
Amendments
1.
This section has been rep in its application to the N: W.F.P. by the Indian
Arms (N.‑W.F.P. Amdt.) Act, 1934 (N.‑W.F.P. 1 of 1934)
2.
The words "or, in a presidency‑town, of the Commissioner of Police"
omitted by A. O., 1949, Sch.
30.
Searches in the case of
offences against section 19, clause (f), how conducted.----Where a search
is to be made under the Code of Criminal Procedure 1[ in the course
of any proceedings instituted in respect of an offence punishable under
section 19, clause (f), such search shall, notwithstanding anything contained
in the said Code be made in the presence of some officer specially appointed
by name or in virtue of his office by [appropriate Government] in this behalf,
and not otherwise.
Legal
Amendments
1.
( The words comma and figures "or the Presidency Magistrate Act,
1877" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of
1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).),
31.
Operation of other laws not
barred.--Nothing
in this Act shall be deemed to prevent any person From being prosecuted under
any other law for any act or omission which constitutes an offence against this
Act or the rules made under it, or from being liable under such other law to
any higher punishment or penalty than that provided by this Act : Provided
that no person shall be punished twice for the same offence.
32.
Power to take census of fire‑arms.--The
[appropriate Government] may from time to time, by notification in the [official
Gazette], direct a census to be taken of all fire‑arms in any local area, and
empower any ,person by name or in virtue of his office to take such census.
On
the issue of any such notification, all persons possessing any such arms in
such area shall furnish to the person so empowered such information as he may
require in reference thereto, and shall produce such arms to him if he so
requires.
Any
person refusing or neglecting to produce any such arms when so required shall
be punished with imprisonment for a term which may extend to one month, or with
fine which may extend to two hundred rupees, or with both.
33.
Notice and limitation of proceedings.--No proceeding
other than a suit shall be commenced against any person for anything done in pursuance
of this Act, without having given him at least one month's previous notice in
writing of the intended proceeding and of the cause thereof, nor after the
expiration of three months from the accrual of such cause.
THE FIRST
SCHEDULE
1[Enactments repealed. ]
Legal
Amendments
1.
Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.
THE SECOND SCHEDULE
1[Arms, etc., liable to Duty.]
Legal
Amendments
1.
Rep. by the Amending Act, 1891 (XII of 1891).
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