Section 44 of THE ARMS ACT, 1959
notification in the Official Gazette, make rules for carrying out the
purposes of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)the appointment, jurisdiction, control and functions of
| licensing authorities | 1*["including the | areas and the |
|---|---|---|
| categories of | arms and ammunition for which they may |
grant licences];
- (b)the form and particulars of application for the grant or
| renewal of | a licence | and where the application is for | ||
|---|---|---|---|---|
| the renewal | of a | licence, the time within | which | it |
shall be made;
- (c)the form in which and the conditions subject to which any licence may be granted or refused, renewed, varied, suspended or revoked;
- (d)where no period has been specified in this Act, the
period for which any licence shall continue to be in
force;
- (e)the fees payable in respect of any application for the
grant or renewal of a licence and in respect of any
↩1.Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983).
licence granted or renewed and the manner of paying the same; ---------------------------------------------------------------------
- (f)the manner in which the maker's name, the manufacturer's
number or other identification mark of a firearm shall
be stamped or otherwise shown thereon;
- (g)the procedure for the test or proof of any firearms;
- (h)the firearms that may be used in the course of training,
the age-limits of persons who may use them and the
conditions for their use by such persons;
- (i)the authority to whom appeals may be preferred under
| section 18, | the | procedure | to be | followed | by | such |
|---|---|---|---|---|---|---|
| authority and | the period within which appeals shall be | |||||
| preferred, the | fees to be paid | in | respect | of | such |
appeals and the refund of such fees;
- (j)the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or
| section 4, | the form of, and the entries to be made in, | |||
|---|---|---|---|---|
| such records | or accounts | and the | exhibition of | such |
| records or | accounts to any police | officer or to any |
officer of Government empowered in this behalf;
- (k)the entry and inspection by any police officer or by any
officer of Government empowered in this behalf of any
premises or other place in which arms or ammunition are
| or is | manufactured or | in which arms or ammunition are | |
|---|---|---|---|
| or is | kept by a manufacturer of or dealer in such arms | ||
| or ammunition | and the | exhibition of | the same to such |
officer;
- (l)the conditions subject to which arms or ammunition may
| be deposited | with a | licensed | dealer | or | in | a | unit |
|---|---|---|---|---|---|---|---|
| armoury as | required by sub-section (1) | of section 21 | |||||
| and the period on | the expiry | of which | the things so |
deposited may be forfeited;
- (m)any other matter which is to be, or may be, prescribed.
- (3)Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in
| session for | a total | period of | thirty days which may be comprised in | |
|---|---|---|---|---|
| one session | or in 1*[two or more successive sessions, and if, before | |||
| the expiry | of the | session immediately | following the session or the | |
| successive sessions | aforesaid], both Houses agree | in | making | any |
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
↩1.Subs. by Act 25 of 1983, s. 16, for certain words (w.e.f.
form or --------------------------------------------------------------------- 22-6-1983).
| be of | no effect, | as the | case may | be, | so | however | that | any | such |
|---|---|---|---|---|---|---|---|---|---|
| modification or | annulment shall | be without prejudice to the validity |
of anything previously done under that rule.
45.
Nothing in this Act shall apply to
Summary
- Authorizes the Central Government to make rules for carrying out the overall purposes of the arms law.
- Lists specific areas where rules can be made, such as licensing procedures, fees, weapon marking, appeals, and safety standards.
- Requires every rule made under this section to be laid before each House of Parliament for a total of thirty days.
- Specifies that if both Houses agree to modify or reject a rule within the designated period, the rule will only have effect in the modified form or have no effect at all.
Practical examples
FAQ
1. Who has the authority to make rules under Section 44 of the Arms Act, 1959?
Under Section 44 of the Arms Act, 1959, the Central Government has the sole authority to make rules to carry out the purposes of the Act, which must be published in the Official Gazette.
2. For how many days must rules made under Section 44 of the Arms Act, 1959, be laid before Parliament?
Under Section 44 of the Arms Act, 1959, every rule must be laid before each House of Parliament for a total period of thirty days while it is in session.
3. What happens if both Houses of Parliament agree to modify a rule made under Section 44 of the Arms Act, 1959?
Under Section 44 of the Arms Act, 1959, if both Houses of Parliament agree to modify a rule, the rule shall thereafter have effect only in that modified form.
Test yourself
Q1.Under Section 44 of the Arms Act, 1959, what is the required duration for which rules must be laid before each House of Parliament?
Q2.If rules made under Section 44 of the Arms Act, 1959, are laid before Parliament, how can those thirty days be structured?
Q3.Under Section 44 of the Arms Act, 1959, which of the following is a subject that the Central Government can specifically regulate by making rules?
Q4.Suppose the Central Government wants to delegate its power to make rules under Section 44 of the Arms Act, 1959, to a State Government. Based on Section 43 and Section 44 of the Act, is this delegation legally permitted?