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Union of India - Section

Section 47 in The Arms Rules, 2016

47. Deposit of arms and ammunition under section 21.

(1)When a licensing authority decides to suspend or revoke a license or to refuse to renew it, he shall, communicate his decision in writing to the licensee, requiring him to deposit under section 21, within such time as may be specified in the order suspending, revoking or refusing to renew the license, the arms or ammunition covered by the license, either with the officer-in-charge of the nearest police station or with a dealer holding a license in Form VIII, or, in case he is a member of the armed forces of the Union, in the unit armory:Provided that in case of death of a licensee, the arms or ammunition shall be deposited by the legal representative with the officer-in-charge of the nearest police station or with a dealer holding a license in Form VIII, within a period of three months of the death of the licensee.
(2)Subject to the proviso to sub-section (2) of section 21,the licensee or, in the case of his death, his legal representative shall be entitled to sell or otherwise dispose of the arms or ammunition to any person lawfully entitled to possess the same and to receive the sale-proceeds, if any, during the period specified in column (3) of the Table in case of deposit of arms and ammunition mentioned in column (2) of the said table in sub-rule (6):Provided that if the arms or ammunition have not been disposed of or their possession by the licensee or his legal representative, as the case may be, has not become lawful within the period so specified, then such arms or ammunition shall, subject to the proviso to sub-section (3) of section 21, be forfeited to the Government by an order of the district magistrate.
(3)Where any arm or ammunition is deposited by an owner under sub-section (1) of section 21, in a police station or unit armory or with a dealer holding a license in Form VIII, the officer-in-charge of the police station or unit armory or the licensed dealer, as the case may be, shall attach to each article deposited, a card and issue a receipt to the depositor and send a copy to the authority who granted the license or renewed it last, containing the following particulars, namely:-
(i)Description (No. etc.) of the article;
(ii)Particulars of license or exemption (if any);
(iii)Name and address of the depositor;
(iv)Serial No. in register and date of deposit;
(v)Date due for forfeiture or disposal;
(vi)Signature of the depositor; and
(vii)Signature of the dealer or officer-in-charge of police station or unit armory.
(4)Any arms or ammunition deposited in a unit armory under sub-section (1) of section 21 may, unless returned or disposed of earlier, be transferred, after the expiry of a period of thirty days after such deposit, to the nearest police station.
(5)Any arms or ammunition deposited in a police station under sub-section (1) of section 21, which have not been returned or disposed of ?
(i)with-in thirty days of the deposit with it; and
(ii)transferred from the unit armory under sub-rule (4)
may be transferred by the officer-in-charge of the police station for the sake of better maintenance or safety, to a police armory in the district/ taluqa headquarters or such other place as may be specified by the district magistrate, in accordance with such instructions as may be issued by the State Government for the purpose:Provided that the district magistrate may, if he considers it necessary, extend the said period of thirty days up-to ninety days and intimation of such transfer shall be given to the depositor of the article and to the licensing authority who, granted or last renewed the license.
(6)The depositor or his legal representative may exercise his rights to receive back or dispose of any arms or ammunition under sub-section (2) of section 21, within the period specified in column (3), in case of deposit of the arms or ammunition specified in column (2) of the table given below, namely:-Table
S.No. Reason of deposit of arms and ammunition Effective date
(1) (2) (3)
1. Due to contravention by the owner of any provisions of theAct, the rules or conditions of license One year from the date of such deposit
2. Due to suspension or revocation of license or for any otherreason One year from the date of the order of suspension orrevocation
3. Where the arms or ammunition are already deposited One year from the date of the order of revocation, suspensionor refusal to renew the license
4. When a notification is issued under section 4 One year from the date of said notification
5. Where an appeal is preferred by the owner under section 18 One year from the date of the final order
6. Where the arms or ammunition are -  
the subject of a legal suit or dispute; or From the date of termination of the dispute or the date offinal order; or
owned or inherited by a person who has not completed the ageof twenty-one years One year from the date of completion by that person of the ageof twenty one years
7. Where the owner is on active service outside India from the date of his return to India
Note 1 - The period of one year may be extended by thedistrict magistrate by another six months in case the depositoror owner is found unfit for any reasons to carry such arms orammunition.
Note 2 - The State Government may further extend the saidperiod beyond six months by another six months.
(7)Any arms or ammunition not returned or disposed of before the expiry of the period specified under sub-rule (6) shall be transferred to the district malkhana or such other place, by order of the district magistrate, for the purpose of forfeiture under sub-section (3) of section 21:Provided that the district magistrate shall, before making such order of forfeiture, serve a notice as required under sub-section (4) of section 21 in like manner as for service of summons under the Code of Criminal Procedure, 1973 (2 of 1974):Provided further that in the case of the depositor being a member of the armed forces of the Union the notice, shall be served personally, through the Commanding Officer, of such member.
(8)Charges for maintaining the articles deposited may be levied at such rates as may be fixed from time to time by the State Government.