am no '7011'13  the arms (amendment) bill, 1983a bill - further to amend the a m1'/3 act, 1959 b it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the arms (amendment) act, 1983 (2) it shall be deemed to have come into force on the 22nd day of 5 june, 1983 short title and commencement if of 1818 i in section 2 of the anns act, 1959 (hereinafter referred to as the amendprincipal act), b1 sub-section (1), after clause' (f), the fol1owing clause ment of thall be ~nserted, namely:-section~ , (ff) "magistrate" means an executive magistrate under  the 2 of 1t'14 10 code of criminal procedure, 1973;' amendmentor action i,  \ 3 section 3 of the principal act shall be re-numbered as sub-section (1) thereof and after sub-section (1), as so re-numbejoed, the following sub-ections shall be inserted, namely:-ci (2) notwithstanding anything contained in sub-section (1), no r 5 person, other than a person referred to in sub-section (3) shall acquire, have in his possession or carry, at any time, more than three ftreanns: provided that a penon who has in his possession more tlrearma than thr,"'e at the commencement of the anns (amendment) act, 10 1983, may retain with him any three of such flrearrnl and shall deposit, within thirty days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person ia member of the armed forces of the union, in a unit armoll1'1 5 referred to in that sub-section (3) nothing contained in, sub-section (2) shall apply to any dealer in firearms pr to any member of a rifle club or rifle associatiod licensed or recognised by the central government usuig a pc>int d bore rtfte or an air rifle for target practice 10 (4) the provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of flrearms 'ullder the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition 1lllder sub-section (1) of that section"  15 t section 5 of the principal act shall be re-numbered as sud-aectlod (1) thereof and-(a) in sub-section (1) as so re-numbered, the 'proviso shall be omitted; (b) after sub-section (1) as so re-numbered, the following bub- 110 section shall be inserted, namely:-"(2) notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, lell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of 115 this act or any, other law for the time being in force to have, or is no~ prohibited by thls act or su~h other law from having in his possession such arms or ammunition: provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of so which a licence is required under section 4 shall be so sold or transferred by any person unless-(a) he has informed in writing the district magistrate having jurisdictirm or the officer in ch~ge of the nearest pollee station of his intention to sell oil' transfer such ftrearms, 55 ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and (b) a period of ,not less than forty-five days has expired after the giving of such ~nformation" 40 5 in section 9 of the principal act, in sub-section (1), in clause (4) ,-(a) in sub-elause (i), for the words "sixteen years", the words "twenty--one years" shall be substituted; '(b) in sub-clause (ii) , for the words lea term of not less thaa six months", the words "any term" shall bp substituted; and 45 (c) in sub-clause (iii), for the words rnd ftgures "code of criminal procedure, 1898", the words and figures "code of criminal 5 of 1_ procedure, 1973" shall be substituted, 2 of 1,  new delhi; 2 page 7, line 36,-~ult"'-ao~ 1983 ravc:ina 5, 19u5 t5akaj corrigen~ !c1: "fir " ~ "1th i" " the arms (amendmm'll') bill, 1983 1 page 3, line 22,-nu: liof':fiences" ~ "of'fences" (tg be/as introduced in 10k sabha) t, in section 13 of the principal act, fer sub-section (2), the fouowul' jub-sections shall be substituted, namely:-"(2) on receipt of an application, the licensing authority shall call for the report of ,the officer in charge of the nearest pollce 5 station on that application, and such officer shall send his report within the prescribed time (2a) the licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this 10 chapter, by order in writing either grant the licence or refuse to grant the same: provided that where the officer in charge of the nearest pollce station does not send his report on the application within the pres-· cribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report" 7 in chapter iv of the prindpal act, after section 24, the following sections shall be inserted, namely:-insertion otnew sectlons 24aand 24b 20 '24a (1) where the· central government is satisfied that there iii extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offiences involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the official gazette-(a) specify the limits of such area; prohibi_ tion  topoae-sionot noti1led &mliin disturbed areas, etc, 115 (b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of the notification in the official gazette), every person' having in his possession in such area any arms of such description as may be specified in the notification (the arms 35 so specified being hereafter in this section referred to as notified arms), shall deposit the same before such commencement fd accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding anything contained in any other provision of thil act (except section 41) or in any other law for the time being in force, as from the date of publication of such notification in the official gazette be deemed to have ceased to be law:ful; (c) declare that as from the commencement of, and until the expiry of, the period specified in the notification,  it shall not be lawful for any person to have in his possession in such area any notified arms; (d) authorise any such officer subordinate to the central government or a state government as may be specified in the notification,- 5 (i) to search at any time during the period specifled in the notification any person in, or passing through, or any premises in, or any animal or vessel 01' vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in such area if such officer has reason to believe that any notifled arms are secreted by s~ch person or in such px:emlse or 5 on such animal or in such vessel, vehicle or other eonveyance or in such receptacle or other container; (ii) to seize at any time during the period specified in the notification any notified cj'lds in the possession of any person in such area or discovered through a search unckr 10' s-ub-clause (i), and detain the same during the period speci-fied in the notification (2) the period specified in a notification issued under sub-seetion (1) in respect of any area shall not, in the first instance, exceed ninety days, but the central government may amend such notiflca- 15 tion to extend such period from time to time by any period not exceeding ninety days at anyone time if, in the opinion of that government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offence go involving the use of arms in such area it is necessary or expedient so 'to do (3) the provisions of the code of criminal procedure, lins, 2 gf 187 • relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1), ~5 (4) for the purposes of this section,-(/~) "arms" includes ammunition; (b) where the period specified in a notification, as originally issued under sub-section (1) is extended under sub-section (2), then, in relation to such notification, references in 8ub-aection go  (1)to "the period specified in the notification" shall be construed as references to the period as so extended 24b (1) where the central government is satisfied that there is extensive disturbance of public peace and tranquillity or :imminent danger of such disturbance in any area and that for the prevention gs of offences involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the official gazette-(a) specify the limits of such area; prohibition a to carryinl of dotlfied anna in or throulh public place in disturbed area •• etc (b) direct that during the period specified in the notlftcaticm (which period shall be a period commencing from a date  not 40 earlier than the second day after the date of publication of the notification in the official gazette) no person shall carry ol' otherwise have in his possession any arms of such description ii may be specified in the notification (the armi so specified being ,hereafter in this section referred to as notifted arms) throup 4-5 or in any public place in such area; (c) authorise any such officer subordinate to the central government or a state government u may be specified in the notification,-(i) to search at any time during the period specified in the notillcation any person in or passing through, or any premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature, in or passing through, or any receptacle or other container of whatever nature in, any public place in such area if such officer has 10 reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in" such vessel, vehicle or 9ther conveyance or in s'uch receptacle or_ other cqntainer; (ii) to seize at any time during the pedod specified in 15 the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub-clause (i), and detain the same during the period specified in the notification go (2) the period specified in a notification issued under bull-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the central government may amend such notification to extend such period from time to time by any period not exceeding ninety days at anyone time if, in the opinion of that gov-: ernment, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent cldngej" thereof and that for the prevention of offences "involving the use of arms in such area it is necessary or expedient so to do 30 (3) the provisions of the code of criminal procedure, 1973, re-2 of 1974 lating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1), (4) for the purposes of this section,-(a) ,carms" includes ammunition; 35 (b) "public place" means  any place intended for use by, or accessible to, the public or any section of t~e public; and (c) where the per-iod specified in a notification, as originally issued under sub-section (1), is extended under sub-section (2), then, in relation to such notification, references iii sub-section (1) to "the period specified in the notification" shall be construed as references to the period as so extended" 8 in section 25 of the principal act,-amendmertt o·r sec' tion 25 (4) for sub-section (1), the following sub-sections shall be substituted, namely:-,c (1) whoever, 45 (a) manufactures, sells, transfens, converta, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, tr~nsfer, conversion, repair test or proof, any arms or ammunition in contravention of section 5; or (b) shortens the barrel of a firearm or converts an imitation firearm into a fireann in contravention of section 5 6; or (c) acquires, has in his possession or carries, or manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers 'for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or 10 proof, any prohibited arms or prohibited ammunition hi contravention of section 7; or (d) brings into, or takes out of, india, any arms or ammunition of any class or description in contravention of section 11, 15 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine (la) whoever has in contravention of a notification issued under section 24a in his possession or in contravention of a!lo notification issued und(i!r section 24b carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to five years and shall also be liable to fine  ! !l5 (ib) whoever-(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or (b) acquires, has in his possession or carries in any place specified by notification under" section 4 any arms of 30 such class or description as has been specified in that nowicatiou in contravention of that section; or (c) sells or transfers any fireann which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown the"reon u 35 required by sub-section (2) of section 8 or does any aet id contravention of ,sub-section (1) of that section; or   (d) being a person to whom sub-clause (ti) or subclause (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any :firearm 40 or ammunition in contravention of that section; or (e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; or 45 (f) brings into, or takes out of, india, any arms or ammunition in contravention of section 10; or (g) transports any arms or ammunition in contravention of section 12; or (h) fails ~o deposit arms or ammunition as required by 50 sub-sectldn \  ) of section 3, or sub-section (1) of section 21; or 5 10 (i) being a manufacturer of, or dealer in, ann or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstr'teb the entry into any premises or other place where anns or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept,  shall be punishable with imprisonment for a tenn which shall - not be less than six months but which may extend to three yean and shall also be liable to fine: 15 provided that the court may for any adequate and speeial reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than six months"; (b) for sub-section (3), the following sub-section tall be subttituted, namely:-' llo ii (3) whoever sells 'or transfers any ftre~, ammunition or other arms- go (i) without infol1n:ing the dis1;rict magistrate having jurisdiction or the officer in charge of the nearest pollee station, of the intended sale or transfer of that firearm, ammunition or other arms; or (ii) before the expiration of the period of forty-five days from the date of giving such information to such district magistrate or the officer in charge of the pollce station, in contravention of the provisions of clause (a) or clause (b) of the proviso to sub-section (2) of section 5, shall be punishable with imprisonment for a term which may extend to six monthl, or with fine of an amount which may extend to five hundred rupees, or with both" 35 9 fir section 26 of the pri!1cipa1 act, the following section shall be substituted, namely:-subatltutlon of ne" aection 1orlec:-tion 28 secret contra ventions ,,2ft (1) v'¥hoever doe any act in contravention r)f any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than sfx months but which may extend to seven years and also with flne 45 (2) whoever does any act in contravention of any of the provisions of section 5, 6, 7 or 11 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehiele or any other means of comreyance, s~all bp punishlll)l~ with imprlson-ment for a term which shall not be less than five years but which may extend to ten years and also with fine (3) whoever on any search being made under section 22 cone,ali or attempts to conceal any arms or ammunition, shall be punishable with ;mprisonment for a term which may extend to ten yell'll and 5 also with fine" 10 in sections 27 and 28 of the principal act, for the words ii , or with fine, or with both", the words oland with fine" shall be substituted amend· mentof sections 27 aml28 11 in section 29 of the principal act, for the words iisix months, or with fine of an amount whkh may extend to five hundred rupees, or 10 :1 with both", the words "three years, or with fine, or with both" shall be substituted 12 in section 30 of the principal act, for the words "three months", the words i'six months" and for the words "five htmc!red,j, the worda "two thousand" shall be substituted 15 amendmentof section 29 rio amendmentot section 30 13 in section 34 of the principal act,-amendmentof &ection 3t (a) for the words and figures "sea customs act, 1878", words and figures i!customs act, 1962" shall be substituted; the 8 of 1878 82all862 (b) for the word and figures "section 16", the word figures "section 58" shall be substituted and 20 ii otl818 2 of 18'14 14 in sections 37 and 38 of the principal act, for the warda and figures "code of criminal procedure, 1898", the words and figure' "code' of crbninal procedure, 1973" shall be substituted amendmentof sections 37 and 38 amendmenlof section 41 15 in section 41 of the principal act, in clause (a), for the word "exempt any person or class of persons", the words and brackets lois uf'xempt any person or class of persons (either generally or in relation to such description of arms and amnmnition as may be spectfted in the notification)" shall be substituted 16 in section 44 of the principal act,-amendme'11t of section 44 (a) in sub-section (2) in clause (4), after the wor(fs fllicen- 30 sing 8'ilthorities", the word!=: "including the areas and the categories of anns and ammunition for which they may r,rant licences" han be inserted; (b) in sub-section (3), for the words "two buccessive lessiodl, and if before the expiry of the session in which it 1s so laid or the 35 session immediately following", the words "two or more successive sessions, and if before the expiry of the session immediately following the sec;sion or the s'uccessive sessions aforesaid" shall be substituted   17(1) the arms (amendment) ordinance, 1983, is hereby rephled 40 4 of 133(2) notwithstandin/! such repeal anything done or any action taken under the principal act as amend~d by the said ordinance, shall be deemed to have be""n done or taken undel" the prlncipal act is amended by this act the anna act, 1959 (54 of 1959) was enacted about twenty-four years ago of late, there has been an increasing incidence of crime involving use of firearms apart from un licenced firearms, the involvement of licenced firearms in crime has also been on the increase the arms (amendment) bill, 1981 (bill no xxi of 1981) was, therefore, introduced in parliament in 1981 to provide for greater vigilance on the issue of licences for firearms and sale and transfer of those arms with the objective of ensuring that firearms do not come into possession of anti-social elements the bill also provided for enhancement of punishment for offences as also for minim'um punishment for more serious offences under the act, with the objective of acting as a strong 'deten-ent 2 the aforesaid bill which was introduced in rajya sabha on the 24th august, 1981 was passed by that ho'use on 8th september, 1981 arid it is now pending in lok sabha after the passing of the dill by rajya sabha, a number of valuable suggestions for further amendments of the arms act, 1959 so as to make the provisions of ~he act more stringent and effective were received from mttmbers of parliament as also from other quarters the intention originally was to move the- necessary amendments to the bill after completing the examination of the various· suggestions in depth however, the trend of recent events in certain parts of the country was such that there was an imminent danger of extensive disturbance of public peace and tranq'uillity in ~ertain areas and it, therefore, became urgently necessary to make the provisions· of the arms act more· stringent and effective so as to prevent the misuse of arms and the commission of offences involving the use of arms the president, therefore, promulgated the arms (amendment) ordinance, 1983 (4 of 1983) on the 22nd day of june, 1983 3 subject to changes aimed at making the punishments for certain offences more stringent and to certain changes of a verbal or consequential nature, the ordinance provided for all the amendments contained in the arms (amendment) bill as passed by rajya sabha further, the ordinance provided for the insertion of new sections 24a and 24b in the act (vide clause 7 of the bill) new section 24a w;als with prohibition as to possession of notified arms in disturbed areas while new section 24b deals with prohibition as to carrying of or otherwise having in possession notified arms through or in public places in disturbed areas the ordinance also amended section 41 relating to the power to exempt and sub-seetion (2) of section 44 relating to the power to make rules to bring out the intention underlying those provisions more clearly 4  the bill seeks to replace the aforesaid ordinance new delhi; p c sethi, the 20th july, 1983 sub-section (2) of section 13 of the arms act, 1959 provides for the procedure to be followed by the licensing authority in deciding an application for the grant of a licence clause 6 of the bill seeks to substitute that sub-section by two new sub-sections (2) and (2a) under new sub-section (2), the licensing authority has to obtain a police report on an application for a licence the time within which su~h police reports have to be submitted is left to be prescribed by rules 2 clause rl of the bill seeks to insert two new sections 24a and 24b new section 24a seeks to empower the central government to prohibit, by notification in the official gazette, possession of arms and ammunition of th~ description mentioned in the notification in any area specifled in the notification, while new section 24b seeks to empower the central government to prohibit, by notification in the official gazette, carrying or otherwise having in possession arms and ammunition of the description mentioned in the notification through or in any jyllblic place in any area specified in the notification it has' been made clear in both the" sections that the central government can specify any area in a notification thereunder only if it is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in :;uch area and that for the prevention of offences involving the use of arms in such area or, as the case may be, in public places in such area, it is necessary to take action under those sections in respect of such area or public places in such area under both the sections, the central government is empowered to authorise any officers subordinate to that government or a state government to search and seize arms in the circ'umstances mentioned in those' sections it has been made clear in both the sections that the provisions of the code of criminal procedure as to searches and seizures will apply to searches and seizures under those sections 3 the powers proposed to be delegated under the aforementioned provisions pertain to matters of detail or to contingency involving varying circumstances which cannot be visualised and provided for in the legislation itself the delegation of legislative power is, therefore, of a normal character,  extracts from the arms act, 1959 (54 of 1959)'" - '" - 2 (1) in this act, unless the context otherwise requires,-definitions and interpretation '" - '" - - chapter ii  acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition3 no pe~on shall acquire, have in his possession, or carry any firearm or ammlmition unless he holds in this behalf a licence issued in accordance with the provisions of this act and "the rules made thereunder: licence for acquisition and possession of firearms and ammuni~ tion provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written a'uthority, of the holder ,of the licence for repair or for renewal of the licence or for use by such holder '" '" '" '" ' 5, no person shall-(a) manufacture, sell, transfer, convert, repair, test or prove, or (b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof licence for manufacture, sale, etc, of arms and ammuni~ tion any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this act ,and the rules made thereunder: provided that a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this act or any other law for the time being in force to have, or is not prohibited by this act or such other law from having, in his possession, such arms or ammunition; but the person who has sold or transferred any firearm, or ammunition in respect of which a licence is required under section 3 or any arms in respect of which a licence is required under section 4, shall, immediately after the sale or transfer, inform in writing the district' magistrate having jurisd~cti9n or the officer in charge of the nearest police station, of such sale or transfer and the name and address, of the other person to whom the firearm, ammunition or other arms has or have been sold or transferred,  - '" - '" 11-9  (1) notwithstanding anything in the foregoing provisions of this act,-(a) no person,-(i) who has not completed the ag~ of sixteen years, or (ti) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for a term of not less than six months, at any time during a period of five years after the expiration of the sentence, or prohibition of acquisition or possession by, or of sale or transfer to, young persons andcertain other per-sods of firearms, etc  (iii) who has been ordered to execute under chapter viii of the code of criminal procedure, 1898, a bond for keeping the 5 of 1898 peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or amm'l1nition; '" '"  '"  13 (1)     - grantor licences (2) on receipt of an application, the licensing authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this chapter, by order in writing either grant the licence or refuse to grant the same     '" -  chapter iv powebs and procedure  '"   25 (1) whoever-punishment for certain offences (a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or (b) acquires, has in his 'possession or carries in any place specifted by notification under section 4 any arms of such class or description as has been specified in that notification, in contravention of that section; or (e) manufactures, sells, transfers, con't'erts, repairs, tests or proves, or exposes or offers for sale or transfer, or' has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or  (d) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or (e) acquires, has in his possession or carries, or manufactures, sells, tranders, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, tes~ or proof, any prohibited arms or prohibited amm'unition in contravention of section 7; or <f> sells ot transfers any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon as required·,by sub-section (2) of section a or does any act in contravention of sub-section (1) of that section; or (g) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1)·of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or (h) sells or transfers, or converts, repairs, tests or pi dves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; 'or (i) brings into, or takes out of, india, any arms or ammunition in contravention of section 10; or (j) brings into, or takes out of, india, arms or ammunition of any class or description in contravention of secti0!l 11; or (k) transports any arms or ammunition in contravention of section 12; or (l) fails to deposit arms or ammunition as required by sub-section (1) of section 21; or (m) being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44,  to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibitor conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept; shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both - - - - - (3) whoever having sold or transferred any firearms or ammunition or other arms under the proviso 'to section 5 fails to inform the district magistrate having jurisdic~ion or the officer in charge of the nearest pollee statio~, of such salle or transfer shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both - - - - - 28 whoever-secret contraventions (a) does any act in contravention of any of the provisions of section 3,4, 5, 6, 7, 10, 11 or 12 in such manner as to indicate an inten~ tion that such act may not be known to any public servant or to any person employed, or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance; or (b) on any search being made under section 22 conceals or attempts to conceal any arms or ammunition; shall be puni<ihable with imprisonment for a term which may exfend to seven years, or with fine, or with both 27 whoever has in his possession any arms or s:nmunition with intent to use the same for any unlawful purpose or to enable any otner person to use the same for any unlawful purpose shall, whether such unlawful purpose has been carried into effect or not, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both punishmentfor possessing arms, etc, with intent to use them for unlawful purpose 28 whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arre~ or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both punish~ ment for use and possession of fire~ arms or imitation explanation-in this section the expression "imitation firearm" has firearms the same meaning as in section 6 in certain cases 29 whoever-(a) purchases any firearms or any other arms of such class or description as may be prescribed or any ammunition from any otlier person knowing that such other person 1s not licensed or authorised under section 5; or (b) delivers any arms or ammunition into the possession ot another person without previously ascertaining that such other person is entitled by virtue of this act or any other law for the time being in force to have, and is not prohibited by this act or such other law from having, in his possession the same; punishmentfor knowinglypur_ chasing arms, etc, from unlicensed person or for delivering arms, etc, to person not entishall be punishable with imprisonment for a term which may extend to tied to six months, or with fine of an amount which may extend to five hundred possess the same rupees, or with both 30 whoever contravenes any condition of a licence or any provision of this act or any rule made thereunder, for which no punishment is punish· menttor contraventionof licence or rule p~ovided elsewhere in this act shill be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both  '"    34 notwithstanding anything contained in the sea customs act, 1878, no arms or ammunition shall be deposited in any warehouse licensed under section 16 of that act without the sanction of the central government - - - - - sanction of central governmentfor warehousingof arms 37 save as otherwise provided in this act,-arrest and searches s of 1898 (a) all arrests and searches made under this act or under any  rules made thereunder shall be carried out in accordance with the provisions of the code of criminal procedure, 18gs, relating respectively to arrests and searches made under that code; ~ (b) any person arrested and any arms or ammunition seized under this act by a person not being a magistrate or a police officer shall be deliyered without delay to the officer in charge of the nearest polic{l station and that officer shall-(i) either release that person on his executing a hond with or without sureties to appear before a magistrate and keep the  things seized in his custody till the appearance of that person before the magistrate, or (ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produc! that person and those things without delay before the magistrate , of 1898 offences to be cognizable 38 every offence under this act shall be cognizable within the meaning of the code of criminal procedure, 18098 - - - - - power to exempt 41 where the central government is of the opldlon that it is necessary or expedient in the public interest so to do, it may, by notification in the official gazette and subject to such conditions, if any, as it may specify in the notification,-(a) exempt ~ny person or class of persons, or exclude any description of arms or ammunition, or withdraw any part of india, from the operation of all or any of the provisions of this act; and - - - - - 44 (1) - '" - - power to make rules (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; - - '" - - (3) every rule made under this section shall be laid as soon as may be after it is made before eacb hquse of parua~eat while it is in ,ession for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, 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 form or 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 t~at rule  - - - - - ;  a bill further to amend the arms act, 1959 