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Union of India - Section

Section 59 in The Arms Rules, 2016

59. Proof test of firearms.

(1)A new manufacturer may set up a proof test facility for gun barrels or completed firearms.
(2)The facility shall be located within its premises separately from its arms manufacturing unit.
(3)A manufacturer who intends to set-up a proof testing facility shall make an application in Form A-6 along with the application for arms and ammunition manufacturing license.
(4)The application under sub-rule (3) for proof-testing facility shall be examined by the Ministry of Home Affairs in consultation with the Directorate General of Quality Assurance (DGQA), Ministry of Defense and in accordance with the guidelines specified for manufacturing license.
(5)The existing manufacturers shall get their barrels or completed firearms proof tested either from the ordnance factories or other proof houses having proof test facilities under these rules.
(6)Every licensee having proof-testing facility shall be responsible for the security and disposal of waste such as rejected barrels or completed firearms.
(7)[Every licensee holding a licence in Form VII] [Substituted 'Every licensee having a proof-test facility' by Notification No. G.S.R. 1342(E), dated 27.10.2017 (w.e.f. 15.7.2016).] shall maintain a proof test register in the format of a secure electronic database in addition to the records specified in rule 65 for sale or disposal of completed arms and ammunition.
(8)The record to be maintained by the licensee under sub-rule (7) shall include the following particulars, namely:-
(i)Serial numbers of gun-barrels or completed firearms manufactured;
(ii)Date, month and year of manufacture;
(iii)Date of dispatch of gun-barrels or completed firearms to proof house;
(iv)Number and date of license (Transport License in Form XIII) under which gun-barrels or completed firearms sent for proof test;
(v)Date of receipt of gun-barrel or completed firearms after proof test;
(vi)Result of proof test;
(vii)Date of completion of gun if only the gun-barrel has been proved;
(viii)Date on which completed firearm transferred to register for sale or transfer maintained under rule 65;
(ix)Serial number in rectification register in case gun-barrel or completed firearm was not accepted in proof on initial submission;
(x)Remarks of inspecting officer;
(9)[Every licensee having a licence in Form VII] [Substituted 'Every licensee under this rule' by Notification No. G.S.R. 1342(E), dated 27.10.2017 (w.e.f. 15.7.2016).] shall maintain a rectification register containing details of the barrels or completed firearms not passed by proof house, which shall include the following particulars, namely:-
(i)Serial number;
(ii)Serial number stamped on gun-barrel or completed firearm to be rectified;
(iii)Number and date of proof house communication indicating rectifications to be made;
(iv)Date on which gun-barrel or completed firearm re-submitted for proof test after rectification;
(v)Date of receipt of gun-barrel or completed firearm after proof test and the result of proof test;
(vi)Date of completion of firearm if gun-barrel or completed firearm has been proved;
(vii)Date on which completed firearm transferred to Register for sale and transfer maintained under rule 65;
(viii)Remarks
(10)The proof-test and the rectification records shall be inspected by the district magistrate of the area, or by an officer nominated by him in this behalf, during July and January every year and during one surprise inspection in a calendar year to verify the following, namely:-
(i)serial numbers on gun-barrels or completed firearms are stamped in the strict order in which they are manufactured;
(ii)entries of sale or transfer are made promptly and tally with record of such transactions under rule 65;
(iii)the conditions of the license are strictly complied with.
(11)A Transport license in Form XIII may be issued by the licensing authority on an application for transport of gun-barrels or completed firearms to proof house provided the license in Form VII is valid on the date of issuance of such Transport license.
(12)Transport license issued under sub-rule (11) for transport of gun-barrels or completed firearms to proof houses shall indicate separately total quantity of gun-barrels or completed firearms to be dispatched for proof test for the first time and for rectification of defects.
(13)The licensee shall be eligible to submit gun-barrels or completed firearms for proof test after rectification of defects without any limit on the number of occasions for such submission:Provided that the licensee shall complete the necessary rectifications within a period of two years from the date of communication of first test results of the defects issued by the concerned proof house.
(14)The gun-barrels or completed firearms for proof test which are unfit or beyond rectification, shall be mutilated by the proof house and the decision of the officer-in-charge of proof house concerned in this regard shall be final:Provided that the mutilated parts that are capable of being utilized, shall be returned by the proof house to the licensee.
(15)The sale or transfer of proof tested gun-barrels alone shall be prohibited and the gun-barrels after proof test shall be assembled as a complete gun only by the licensee authorized to manufacture it.
(16)The gun-barrels or completed firearms manufactured during a calendar year shall be proof-tested within a period of eighteen months from the date of the manufacture, failing which, it shall be considered to have been manufactured during the calendar year of the proof-test.