13. Grant of licences.―(1) An application for the grant of a licence under Chapter II shall be
made to the licensing authority and shall be in such form, contain such particulars and be
accompanied by such fee, if any, as may be prescribed.
1
[(2) On receipt of an application, the licensing authority shall call for the report of the officer in
charge of the nearest police 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
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 police station does not send his report on
the application within the prescribed 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.]
(3) The licensing authority shall grant—
(a) a licence under section 3 where the licence is required―
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than
twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun
to be used for bona fide crop protection:
Provided that where having regard to the circumstances of any case, the licensing
authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the
licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid
for such protection; or
1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f. 22-6-1983).
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(ii) in respect of a 1
[firearm] to be used for target practice by a member of a rifle club or
rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5,
section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom
the licence is required has a good reason for obtaining the same.
14. Refusal of licences.―(1) Notwithstanding anything in section 13, the licensing authority shall
refuse to grant―
(a) a licence under section 3, section 4 or section 5 where such licence is required in respect
of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter II,―
(i) where such licence is required by a person whom the licensing authority has reason to
believe—
(1) to be prohibited by this Act or by any other law for the time being in force from
acquiring, having in his possession or carrying any arms or ammunition; or
(2) to be of unsound mind; or
(3) to be for any reason unfit for a licence under this Act; or
(ii) where the licensing authority deems it necessary for the security of the public peace or
for public safety to refuse to grant such licence.
(2) The licensing authority shall not refuse to grant any licence to any person merely on the
ground that such person does not own or possess sufficient property.
(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing
the reasons for such refusal and furnish to that person on demand a brief statement of the same unless
in any case the licensing authority is of the opinion that it will not be in the public interest to furnish
such statement.
15. Duration and renewal of licence.―(1) A licence under section 3 shall, unless revoked
earlier, continue in force for a 2
[period of five years] from the date on which it is granted:
Provided that such a licence may be granted for a shorter period if the person by whom the licence
is required so desires or if the licensing authority for reasons to be recorded in writing considers in
any case that the licence should be granted for a shorter period.
3
[Provided further that the licence granted under section 3 shall be subject to the conditions
specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall
produce the licence along with the firearm or ammunition and connected document before the
licensing authority after every five years from the date on which it is granted or renewed.]
(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in
force for such period from the date on which it is granted as the licensing authority may in each case
determine.
1. Subs. by Act 48 of 2019, s. 7, for “point 22 bore rifle or an air rifle” (w.e.f. 14-12-2019).
2. Subs. by s. 8, ibid., for “period of three years” (w.e.f. 14-12-2019).
3. The proviso ins. by s. 8, ibid. (w.e.f. 14-12-2019).
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(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing
otherwise decides in any case, be renewable for the same period for which the licence was originally
granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall
apply to the renewal of a licence as they apply to the grant thereof.
16. Fees, etc., for licence.―The fees on payment of which, the conditions subject to which and
the form in which a licence shall be granted or renewed shall be such as may be prescribed:
Provided that different fees, different conditions and different forms may be prescribed for
different types of licences:
Provided further that a licence may contain in addition to prescribed conditions such other
conditions as may be considered necessary by the licensing authority in any particular case.
17. Variation, suspension and revocation of licences.―(1) The licensing authority may vary the
conditions subject to which a licence has been granted except such of them as have been prescribed
and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it
within such time as may specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the
conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks
fit or revoke a licence,―
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act
or by any other law for the time being in force, from acquiring, having in his possession or
carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence
under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for
public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of
wrong information provided by the holder of the licence or any other person on his behalf at the
time of applying for it; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1)
requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an
order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons
therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any
case the licensing authority is of the opinion that it will not be in the public interest to furnish such
statement.
(6) The authority to whom the licensing authority is subordinate may by order in writing suspend
or revoke a licence on any ground on which it may be suspended or revoked by the licensing
authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the
suspension or revocation of a licence by such authority.
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(7) A court convicting the holder of a licence of any offence under this Act or the rules made
thereunder may also suspend or revoke the licence:
Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation
shall become void.
(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate
court or by the High Court when exercising its powers of revision.
(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct
any licensing authority to suspend or revoke all or any licences granted under this Act throughout
India or any part thereof.
(10) On the suspension or revocation of a licence under this section the holder thereof shall
without delay surrender the licence to the authority by whom it has been suspended or revoked or to
such other authority as may be specified in this behalf in the order of suspension or revocation.
18. Appeals.―(1) Any person aggrieved by an order of the 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.