(a) fix the period for which such license shall continue in force;

 

1Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government” which was subs. by A.O., 1937, for “L. G.”.

2The words “with the previous sanction of the Governor General in Council” rep., ibid.

3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. (with effect from the 4th 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.”

4The 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.

 5The original words “such Govt.” as amended by A. O., 1937, has been subs. by F. A. O., 1975, Art. 2 and Table, to read as above.

6Subs. by A. O., 1964, Art. 2 and Sch., for "Central Government” which had been subs. by A.O., 1937, for “G. G. in C.”.

7Subs. by A. O., 1937, for “Gazette of India”.

8For Rules as to licenses, see the Indian Arms Rules, 1924, Genl. R. & O., Vol.II.


(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 18601 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 the2[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.

18. Cancelling 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 5[District Coordination Officer],3* * *, within the local limits of whose jurisdiction the holder of such license may be, when, for reasons to be recorded in writing, such officer 5[or] authority, 4* * * 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

 

1Act 31 of 1860 was rep. by s. 3 of this Act.

2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A. O., 1937, for “L. G”.

3The words “or Commissioner of Police in a presidency-town” omitted by A. O., 1949, Sch.

4The words “or Commissioner” omitted, ibid.

5Subs. by Ord. 66 of 2001, s.1.


 

1[the 2[appropriate Government] may by a notification in the official Gazette cancel or suspend all or any licenses through­out 3[Pakistan or the Province, as the case may be, or any part thereof]].

VI. PENALTIES

419. For breach of sections 5,6,10,13 to 17. Whoever commits any of the following offences (namely):­–

5[(a) manufactures or converts any arms, ammunition or military stores in contravention of the provisions of section 5;]

6* * * * * * *

(c) imports or exports any arms ammunition or military stores in contravention of the provisions of section 6;

6* * * * * * *

(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

7* * * * * * *

shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

8[20. For secret breaches of sections 5 and 6. Whoever does any act mentioned in clause (a) or (c) 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 (XLV of 1860), or to any person employed upon a railway or to the servant of any public carrier shall be punished with imprisonment for a term which may extend to seven years or with fine, or with both.].

 

1Subs. 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 throughout the whole or any portion of the territories under its administration.”

2Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”.

3The 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.

4Offences under this section are bailable, see Code of Criminal Procedure, 1898 (Act 5 of 1898), Sch., II.

5Clause (a) subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for the original clause (a).

6Clauses (b), (d), (e) and (f) omitted ibid.

7Clause (i) omitted ibid.

8Subs. ibid., for the original section 20.


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 un-licensed person. For delivering arms, etc., to person not authorised to possess them.] Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s. 3 and IInd Sch.

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.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVIl of 1981), s. 3 and IInd Sch.

26. [Seizure and detention by appropriate Government.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981),s. 3 and IInd Sch.

27. Power to exempt. The 1[appropriate Government] may from time to time by notification2 published in the 3[official Gazette],­–

4(a) 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 5[Pakistan], 6[or of the Province, as the case may be,] from the operation of any prohibition or direction contained in this Act; and

 

1Subs. by A. O., 1964, Art. 2 and Sch., for "Central Government” which had been subs. by A.O., 1937, for “G. G. in C.”.

2For exemptions and withdrawals under s. 27(a) see rule 3 and Schedules I to IV of the Indian Arms Rules, 1924.

3Subs. by A. O., 1937, for “Gazette of India”.

4For notifn. under this clause, see Gaz. of P., 1953. Pt. I, p.188 ; and ibid., 1961, Pt. I, p. 247.

5Subs. by the Central Laws (Statue 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".

6Ins. by A.O., 1964 Art. 2 and Sch.


(b) cancel any such notification, and again subject the per­sons or things or the part of 1[Pakistan] 2[or Province] comprised therein to the operation of such prohibition or direction3.

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).] Omitted by the Federal Laws (Revision and Declaration) Ordinance,1981 (XXVII of 1981), s. 3 and IInd Sch.

30. [Searches in the case of offences against section 19, clause (f), how conducted.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and IInd Sch.

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.] Omitted by the Federal Laws (Revision and Declaration) Ordinance,1981 (XXVII of 1981), s. 3 and IInd Sch.

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.-[Enactments repealed.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.

 

THE SECOND SCHEDULE.-[Arms, etc., liable to Duty.] Rep. by the Amending Act, 1891 (XII of 1891).

 

1Subs. by the Central Laws (Statue 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".

2Ins. by A.O., 1964, Art. 2 and Sch,

3For notification declaring arms, etc., brought into a Pakistan port and declared under manifest to be consignments without transhipment to any port on the sea board of the Persian Gulf, to be liable to the prohibitions and directions contained in s. 6, see No. 902-P., dated 27th April, 1904 Gazette of India, 1904, Pt. I, p. 296. As to exemption of small parcels under certain conditions or of arms, etc., exported under license and in transit at an intermediate port, see ibid.


 

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