Arms License Act 1959 and 2016 Arms License Act 1959 and 2016

2 years ago

Section 30 in Arms Act
30. Punishment for contravention of licence or rule.—Whoever contravenes any condition of a licence or any provision of this Act or any rule made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to 32 [six months], or with fine which may extend to 33 [two thousand] rupees, or with both.


Does this section apply upon the licensing authority as well ? Eg. In case, for not processing license application within stipulated period mentioned in section 13 & 14 of arms act 2016 ?

Anik

Responded 2 years ago

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A.Hi,
When read together, Sections 13, 14, and 34 of the Arms Act give the licensing authority the right to determine the application whenever they want. Since several considerations must be weighed, there is no contractual requirement on the authorities to determine the application within a specified time frame. You should file an application yourself and ask for excuses for the delay. Also, you have the choice to approach the courts for remedy.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Section 13 and 14 of Arms Act when read with Section 34 provides the licensing authority a right to decide the application whenever they want. There is no rigid statutory obligation on the authorities to decide the application within a prescribed time limit since many factors have to be considered. You can personally file an application and demand reasons for delay. If nothing happens, you can also approach court for relief.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
'' King can do no wrong''. This principle applies to them. Approach High Court.
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