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State of Uttar Pradesh - Act

The U.P. Firearms and Ammunitions (Restriction on Grant of Licence) Order, 1976

UTTAR PRADESH
India

The U.P. Firearms and Ammunitions (Restriction on Grant of Licence) Order, 1976

Rule THE-U-P-FIREARMS-AND-AMMUNITIONS-RESTRICTION-ON-GRANT-OF-LICENCE-ORDER-1976 of 1976

  • Published on 9 July 1976
  • Commenced on 9 July 1976
  • [This is the version of this document from 9 July 1976.]
  • [Note: The original publication document is not available and this content could not be verified.]
The U.P. Firearms and Ammunitions (Restriction on Grant of Licence) Order, 1976Published vide Notification U.P. Gazette, (Extraordinary), dated 9th July, 1976, vide Notification No. 4398-R/ 8-Section-5-364-76, dated July 9, 1976In exercise of the powers under Rule 67 of the Defence and Internal Security of India Rules, 1971, the Governor is pleased to make the following Order, namely:

1. Short title, extent and commencement.

(1)This Order may be called the Uttar Pradesh Firearms and Ammunitions (Restriction on Grant of Licence) Order, 1976.
(2)It extends to the whole of Uttar Pradesh.
(3)It shall come into force with immediate effect.

2. Definitions.

- In this Order-
(a)"disqualified person" means a person who on the date of commencement of this Order has three or more children living and who becomes parent of a child after the date of the commencement of this Order, so that the number of his or her living children exceeds three and the date of his so becoming a parent of an additional child shall be referred to as the "date of incurring disqualification";
(b)"eligible person" means a person, being a married person, whose spouse is alive and who together or in the aggregate have or has at the relevant date not less than three children, but does not include any one of a married couple-
(i)where husband is above 50 years of age and the wife is or all the wives are above 45 years of age; or
(ii)where the last child born to the couple was born not less than 10 years before the relevant date; or
[(ii-A) where the husband or the wife has, or all the wives have, already been sterilized; or] [Inserted by Notification No. 6692-R/VIII-Section-5-364-76, dated 3.1.1977.]
(iii)where a certificate of exemption has been granted by such authority as may be specified by general or special order of the State Government;
(c)"sterilization" means any surgical operation performed on any man or woman by a medical practitioner (approved in that behalf under general or special orders of the State Government) with the object of rendering such person incapable or further procreation and a person shall not be deemed to be sterilized unless he produces a certificate in that behalf from medical practitioner who performs such operation failing which by a medical practitioner authorised in this behalf by the State Government.

2A. [ Declaration of family. [Inserted by Notification No. 6692-R/VIII-Section-5-364-76, dated 3.1.1977.]

- No application for grant or renewal of a licence in respect of any firearms or ammunition under the Arms Act, 1959, shall be entertained unless the applicant submits to the licensing authority along with the application, a declaration regarding his or her family, in the form given in Annexure 'A' to this Order.]

3. Restriction of licence for firearms, etc.

- No eligible person who does not get himself or herself or his or her spouse or all his wives, as the case may be, sterilised and no disqualified person shall be granted any licence or renewal of an existing licence in respect of any firearms or ammunition under the Arms Act, 1959, and where an eligible person already holds such a licence and fails to get himself or herself or his or her spouse or all his wives, as the case may be, sterilized within three months of the commencement of this Order, it shall stand cancelled upon the expiry of the said period of three months or upon the incurring of such disqualification as the case may be:[Provided that, in case the person concerned gives an undertaking in the form given in Annexure 'B' to this Order, to get himself or herself, or his/her spouse or all his wives, as the case may be, sterilized on such date as may be fixed either initially or upon postponement by the Medical Officer-in-charge of a Government hospital within the district concerned, and communicate to such person in the form given in Annexure "C" to this Order, the authority granting licence may renew such licence which shall, however, stand cancelled if the licensee does not fulfil the undertaking:Provided further that the authority granting such licence may restore or renew such licence after the person concerned gets himself or herself or his or her spouse or all his wives, as the case may be, sterilized and upon such sterilization, the liability, if any, incurred for unlawful possession of any firearms or ammunitions consequent upon the cancellation of the licence as aforesaid shall cease.] [Inserted by Notification No. 6692-R/VIII-Section-5-364-76, dated 3.1.1977.][Annexure 'A'] [Inserted by Notification No. 6692-R/VIII-Section-5-364-76, dated 3.1.1977.](See Clause 2-A)DeclarationI,........................................... (name), s/o or w/o............................. resident of .............................(place) hereby declare that I have following issues, the details in respect of whom are given below:
Name Son/Daughter Date of birth Age______________
Years Months
(1)(2)(3)(4)      
2. My present age is:
Date of Birth     Age______________
Years Months
3. The present age of my wife/husband is:
Name(s) of wife/wives/husband | Age_______________
Years Months
| | |
4. I/my wife/my husband/all my wives have/have been/not beensterilized.
Date...................Place.................   Signature or left-thumb impressionAddress:
 
Signed or thumb impression marked in the presence of:
1 (Name)(Address) 2 (Name)(Address)
N.B.-If the person making declaration has more than one wife, the age of each of them should be given.
Annexure 'B'(See Clause 3)Form of DeclarationI ...aged......................years, son/wife of ....................... Resident of............................. (place) hereby undertake to get myself/my Wife/husband/all my wives (named below) sterilized on or such other date as may be fixed by the Medical Officer-in-charge of ..................... Hospital ....................... (Place)...........................................district..............................for such sterilization.I understand that if I do not fulfil this undertaking the licence for firearms and ammunition which may be granted to me or renewed in pursuance of this undertaking shall stand cancelled.
Name of husband/wife/wives   Age
     
Date..........................Place...................... ….......................................................Signatureor thumb-impressionAddress.................
Signed or thumb-impression markedin the presence of:
1 (Name)(Address) 2 (Name)(Address)
N.B. - Strike out words not applicable.Annexure 'C'(See Clause 3)Date, time and place fixed for the sterilization of-Sri/Smt ................. aged............. years, son/wife of........................ resident of .................... (Place) and *Smt.................. aged ............ years.
Date Time Place
Seal ..........................................................................
  Signature of Medical Officer Incharge,
  …...........................(Hospital)....
  …...................................(Place)
Received information of the date …................................(District)
  (Signature of the applicant for licence)
*To be filled in if the person concerned has more than one wife.