MISCELLANEOUSCentral

Section 43 of THE ARMS ACT, 1959

notification in	the	Official Gazette,	direct
function which may be exercised or	performed by	it under	this Act
other than	the power	under section	41 or the power under section 44
may, in	relation to	such matters	and subject to such conditions, if
any, as	it may specify in the notification, be exercised or performed

also by--

(a)such officer or authority subordinate to the Central Government, or
(b)such State Government or such officer or authority subordinate to the State Government, as may be specified in the notification.

(2)Any rules made by the Central Government under this Act may

confer powers	or impose	duties or authorise the conferring of powers
or imposition	of duties	upon any	State Government or any officer or

authority subordinate thereto.

44.

Power to make rules.

Summary

Permits the Central Government to delegate most of its powers and functions under this arms legislation to subordinate officers or authorities.
Allows delegation of these powers to State Governments or officers subordinate to State Governments.
Restricts delegation by explicitly preventing the Central Government from delegating its power to grant exemptions or to make rules.
Enables the Central Government to make rules that confer powers or impose duties upon State Governments or their subordinate officers.

Practical examples

1On August 1, 2026, the Central Government decides that instead of managing the licensing of certain heavy transit arms itself, it wants the State Government of Maharashtra to handle it. Under Section 43 of the Arms Act, 1959, the Central Government publishes a notification in the Official Gazette delegating this specific function to the State.

2The Central Government wants to authorize regional commissioners to oversee local arms storage approvals. Under Section 43 of the 1959 Act, the Central Government delegates this specific supervisory power to these subordinate officers, but they cannot give these officers the power to write new arms rules.

FAQ

1. Can the Central Government delegate its power to make rules under Section 43 of the Arms Act, 1959?

No, under Section 43 of the Arms Act, 1959, the Central Government is explicitly prohibited from delegating its power to make rules under Section 44.

2. To whom can the Central Government delegate its powers under Section 43 of the Arms Act, 1959?

Under Section 43 of the Arms Act, 1959, powers can be delegated to an officer or authority subordinate to the Central Government, a State Government, or any officer or authority subordinate to a State Government.

3. Which two powers is the Central Government prohibited from delegating under Section 43 of the Arms Act, 1959?

Under Section 43 of the Arms Act, 1959, the Central Government cannot delegate the power to exempt under Section 41 or the power to make rules under Section 44.

Test yourself

Q1.Which of the following powers is the Central Government strictly prohibited from delegating under Section 43 of the Arms Act, 1959?

Q2.Under Section 43 of the Arms Act, 1959, can the Central Government delegate its functions to a State Government?

Q3.What does Section 43 of the Arms Act, 1959, say about how rules made by the Central Government can affect State Governments?

Q4.Under Section 43 of the Arms Act, 1959, which of the following is an authority to whom the Central Government may delegate its powers?

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