Section 18 of THE ARMS ACT, 1959
licensing authority refusing to grant a licence or varying the
conditions of a licence or by an order of the licensing authority or
the authority to whom the licensing authority is subordinate,
| suspending or | revoking a | licence may prefer an | appeal against that | |
|---|---|---|---|---|
| order to | such authority | (hereinafter referred | to as the | appellate |
authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by or
under the direction of, the Government.
- (2)No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
| Provided that | an appeal | may be admitted after the expiry of the |
|---|---|---|
| period prescribed | therefor if the appellant | satisfies the appellate |
authority that he had sufficient cause for not preferring the appeal within that period.
- (3)The period prescribed for an appeal shall be computed in
| accordance with | the provisions of the Indian Limitation Act, 1908 | (9 | ||
|---|---|---|---|---|
| of 1908), | with respect | to the | computation of | periods of limitation |
thereunder.
- (4)Every appeal under this section shall be made by a petition
| in writing | and shall | be accompanied | by a | brief | statement | of | the |
|---|---|---|---|---|---|---|---|
| reasons for | the order appealed against where such statement has been |
furnished to the appellant and by such fee as may be prescribed.
- (5)In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed: Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
- (6)The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.
- (7)Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final. CHAP POWERS AND PROCEDURE
Summary
- Any person who is unhappy with an order refusing, varying, suspending, or canceling a license can file an appeal.
- The appeal must be made to a specified higher appellate authority within a set time limit.
- No appeal is allowed if the original order was made by or under the direction of the Government.
- The time limit for filing an appeal is calculated using the rules of the Indian Limitation Act, 1908.
- The appeal must be a written petition, include the official reasons for the decision, and be accompanied by the required fee.
- An appeal cannot be decided unless the person filing it is given a fair chance to be heard.
- The original decision stays active while the appeal is being considered, unless the appellate authority says otherwise.
Practical examples
FAQ
1. Who can I appeal to if my weapon license is rejected under Section 18 of the Arms Act, 1959?
Under Section 18 of the Arms Act, 1959, you can file an appeal with the prescribed appellate authority, which is a higher authority specified by the rules.
2. Can I appeal if the Central Government itself ordered the cancellation of my license under Section 18 of the Arms Act, 1959?
No, under Section 18 of the Arms Act, 1959, no appeal can be filed if the order was made by, or under the direction of, the Government.
3. What happens if I miss the deadline to file my appeal under Section 18 of the Arms Act, 1959?
Under Section 18 of the Arms Act, 1959, an appeal filed late can still be admitted if you satisfy the appellate authority that you had a very good reason for the delay.
4. Does a suspension order stop working while my appeal is active under Section 18 of the Arms Act, 1959?
No, under Section 18 of the Arms Act, 1959, the original order remains active and in force while the appeal is pending, unless the appellate authority directs otherwise.
Test yourself
Q1.Under Section 18 of the Arms Act, 1959, which law is used to compute the time limit for filing an appeal?
Q2.Under Section 18 of the Arms Act, 1959, what is a necessary condition before the appellate authority can dispose of an appeal?
Q3.Under Section 18 of the Arms Act, 1959, what is the status of the original order while the appeal is still being decided?
Q4.Under Section 18 of the Arms Act, 1959, what happens to the decision made by the appellate authority?
Q5.If a person wants to appeal a license cancellation under Section 18 of the Arms Act, 1959, how does this process connect to the written reasons required under Section 17?