46. Deposit of arms and ammunition under section 21
(1)When a licensing authority decides to suspend or revoke a licence or to refuse to renew it, he shall, while communicating his decision in writing to the licensee, inform him that(a)under section 21(1) he is required to deposit within such time as may be specified in the order suspending, revoking or refusing to renew the licence, the arms or ammunition covered by the licence, either with the officer in charge of the nearest police-station or with a dealer holding a licence in Form XIV, or, in case he is a member of the armed forces of the Union, in the unit armoury;(b)subject to the proviso to section 21(2), during the period prescribed under sub-rule (4), he or, in the case of his death, his legal representative is 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; and(c)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 prescribed period, they shall, subject to the proviso to section 21(3), be forfeited to Government by order of the District Magistrate.(2)Where any arms or ammunition is deposited by an owner under section 21(1), in a police station or unit armoury, or with a dealer holding a licence in Form XIV, the officer in charge of thepolice station or unit armoury or the licensed dealer, as the case may be, shall(a)attach to each article deposited, a card showing the following:Deposit under section 21(1)(i)Description (No. etc.) of the article(ii)Particulars of licence of exemption (if any) .............................................(iii)Name and address of depositor(iv)Serial No. in register and date of deposit(v)Date due for forfeiture/disposal(vi)....................................................................................................................................................(vii)............................................................................................................................................(Signature of dealer/or officer in chargeof police station/unit armoury).(b)issue to the depositor a receipt containing the same details as in (a); and(c)immediately send a copy of the receipt to the authority who granted the licence or renewed it last.(3)(a)(i)Any arms or ammunition deposited in a unit armoury under section 21(1) may, unless returned or disposed of earlier, be transferred, after the expiry of a period of 30 days after such deposit to the nearest police station.(ii)Any arms or ammunition deposited in a police station under section 21(1) which have not been returned or disposed of within 30 days of the deposit and the arms or ammunition transferred under clause (i) may be transferred for the sake of better maintenance or safety to a police armoury in the district/taluqua headquarters or such other place as may bespecified 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, when he considers it desirable, extend the said period of 30 days.(b)Intimation of such transfer shall be given to the depositor of the article and to the licensing authority who granted or last renewed the licence for the article.(4)The period within which a depositor or his legal representative may exercise his rights under sub-section (2) of section 21 shall be(a)Six months from the date of deposit, if the arms or ammunition are deposited as a consequence or contravention by its, owner of any provision of the Act or these rules or any condition of the licence.(b)One year(i)from the date of deposit, if the arms or ammunition are deposited as a consequence of its possession becoming unlawful under section 21(1) otherwise than as under clause (a); or(ii)if it is already in deposit, from the date of communication to the owner, of the order revoking, suspending, or refusing to renew the licence; or(iii)from the date of notification issued under section 4:Provided that any period under clause (a) or (b) shall be reckoned(i)where an appeal is preferred by the owner under section 18 from the date of the final order of the appellate authority;(ii)where the arms or ammunition is the subject of a legal suit or dispute or is owned or inherited by a person who has not completed the age of sixteen years from the date of termination of the dispute or of completion by that person of the age of sixteen years; and(iii)wherethe owner of the arms or ammunition is on active service outside India-from the date of his return to India:[Provided further that(i)when the arms or ammunition is owned by a person who is considered by the licensing authority to be unfit, for the time being to carry the arms or ammunition for any reason, or in any other suitable case, the District Magistrate or the Commissioner of Police, in relation to any metropolitan area, may extend the period prescribed under clause (a) or clause (b) for a period upto six months; and(ii)the State Government may by special or general order extend the period beyond six months:Provided further that when the arm or ammunition is owned by a person who is considered by the licensing authority to be unfit, for the time being, to carry the arms or ammunition for any reason, the period prescribed under clause (a) may be extended suitably by the District Magistrate, or the Commissioner of Police in relation to any metropolitan area.] [Substituted by G.S.R. 509, dated 26.5.1982.](c)[ [Two years] if the firearms are deposited as a consequence of proviso tosub-section (2) of section 3.](5)(a)Any arm or ammunition not returned or disposed of before the expiry of the period prescribed under sub-rule (4) shall be notified to the District Magistrate; and subject to the provisos of sub-rule (4) and the proviso to the section 21(3), transferred to the district malkhana or such other place as required by order of the District Magistrate, for the purpose of forfeiture under section 21(3).(b)The District Magistrate shall, before making an order of forfeiture after the expiry of the prescribed period serve a notice as required under section 21(4) in like manner as for service of summons under the [Code of Criminal Procedure, 1898 (5 of 1898)] [[Now see the Code ofCriminal Procedure, 1973 (2 of 1974.]]:Provided that, in the case of the depositor being a member of the armed forces of theUnion, the notice shall be served personally through the Commanding Officer of such member.(6)Charges for maintaining in good condition articles deposited may be levied at such rates as may be fixed from time to time by the State Government.
