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Union of India - Section

Section 96 in The Arms Rules, 2016

96. Prohibition of transport of arms and ammunition.

(1)Save as herein otherwise provided, no person shall transport over India or any part thereof any arms or ammunition or any arms specified in category V of Schedule I, except under, and in accordance with the conditions of, a license in Form XII granted under these rules.
(2)Nothing in sub-rule (1) or in section 12 of the Act shall be deemed to apply to arms or ammunition -
(a)transported personally or as personal luggage, in reasonable quantities for his own use, by a person lawfully entitled to possess or carry such arms or ammunition;
(b)transported by a person licensed to manufacture such articles, for proof-testing, in a case or package legibly addressed to a Government establishment or an establishment licensed under these rules, or re-transported by such establishment to such person;
(c)of category V arms specified in Schedule I, transported through an area where the Central Government has, by notification in the Official Gazette, applied section 4, or from such area to an area where section 4 does not apply, provided that the arms are properly packed and labeled, showing clearly the description of these articles and the name and address of the consignee;
(d)transported by a licensed manufacturer or dealer for export or after import, in accordance with a license for their export or import, -
(i)from the place of dispatch to the port or other place of export, or
(ii)from the port or other place of import to the place of destination, or
(iii)by transshipment in the port of import for re-export;
(e)transported -
(i)by a person lawfully entitled to possess such articles, in reasonable quantities for his own use from the premises of a licensed manufacturer or dealer, or for purposes of examination or repair or test to or from any such premises, or to the address of any other person lawfully entitled to possess such articles; or
(ii)by a licensed manufacturer or a dealer, in a case or package legibly addressed to a person lawfully entitled to possess such articles, in compliance with an order given by such person for the supply of such articles, in reasonable quantities, for his own use or after carrying out necessary repairs thereto;
(iii)by a dealer to another dealer under trade transfer, within the same State against a sale invoice;
(f)being chlorates, transported for bona fide industrial, agricultural or medicinal purposes:
Provided that-
(i)transport of arms or ammunition under clause (d),sub-clauses (i) and (ii) of clause (e) or clause (f), shall be subject to obtaining a certificate of no objection from the licensing authority at the destination of the articles as provided for in rule 98;
(ii)transport of arms or ammunition personally for any of the purposes stated in sub-clause (i) of clause (e) without using them through any area outside the area of validity of his possession license, shall be subject to his obtaining a license in Form XII from the licensing authority at the starting place of transport; and
(iii)prior intimation of the transport of arms specified in category V of Schedule I under clause (c) or of chlorates under clause (f) shall be given to the officer-in-charge of the nearest police station or a magistrate having jurisdiction over the place of dispatch.
(3)The officer or magistrate receiving prior intimation under clause (iii) of the proviso to sub-rule (2) shall immediately inform the district magistrate, and if the articles are transported by rail, the Superintendent of railway police having jurisdiction,-
(i)over the place of destination, in the case of transport of chlorates, and
(ii)over the place of entry into the area where section 4 applies, in the case of transport of arms specified in category V of Schedule I.
Explanation. - For the purposes of these rules, 'transport' includes movement of arms or ammunition across any part of the country, but does not include movement of arms or ammunition by a licensed manufacturer or dealer from a warehouse, godown or any other similar place to his factory, shop or other place of business within the same village, town or city.