Bare ActsThe Arms Act 1959

Section 17

Amendment status not verified — confirm the current text below against the official source.

Variation, suspension and revocation of ~~~~~~~(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescrib- ed and may for that purpose require the licence holder by notice in wtiting to deliver-up the licence to it within n,ch time zs may I>e specified in the notice. 9 A r m Act, 1959 [Sffitions 17-18] (2) The licensing authority may, on the application of the holder of alicenca, also vary the conditions of the licence except such of them as have been prescribed. (3) The licensing authority ma) by order in witing suspend a liecenca for such pon~ds aa it thinks fit or revoke a licence- (a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licencz under this Act ; or (b) if the liecensing authority deems it necessary for the security of tho fublic pace or for public safety to suspend or revoke the licence ; or (c) if the licence was obtained by tho suppression of material information or on tho basis of wrong information provided by the the holder of the licence or any other person on his behalf at the time of applying for it; or ((I) if any of the conditions ofthe licence has beon contravened; or (e) if the holder of the licence has failed to comply with a notice under sub-section ( 1 ) requiring him to deliver-up the licence. (4) The Iicensingauthority may also revoke a l i e n s on the application of the holdor thereof. (5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3). it shall rewrd in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of :he same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. (6) The autho~ity to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing autho- rity; and the foregoing provisions of this section shall, as far as may be, apply in relation to tho suspension or revocation of a licence b) suchauthority. (7) A court convicting the holder of ailicencc of any officnce under this Act or the rules ma& thereunder may also suspend or revoke the licence : provided that if the conviction ib set aside on appeal or otherwise, the usp pension or revoca- tion shall become void. (a) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision. (9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct licensing authority to suspend or revoke all or any licences granted undor this Act throughout Indin or any part thereof. (lo) On the suspension or revocation of a Licence under this section the holder thereof shall delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may bc specified in this behalf in the order of suspension or revocation. IF. Appeals--(I) Any person aggrieved by an order of the licensing authority refusing to grant a licente or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer ;dn appeal against that order to such authority @ereinafter referred to as the appellate authority) and within such period as mny be prescribed : Provided thnt no lppenl shall lie against any order made by, or under the direction of the Govern?r!:r. A m Act, 1959 [Sections 18-21] (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribct! the:efor : Provided that an appeal may be admitted after the expiry of the period prescriLtJ iherefcr if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation thereunder. (4) Every appeal under this section shall be made by apetition in writing and shzll be accompani- ed by a brief statement of the reasons for the order appealed against where such statemsnt has been furnished to the appellant and by such fee as may be prescribed. (5) In disposing of an appeal the appellate authority shall follow such pro;cllure as may be prescribed : Provided that no appeal shall be disposed of unles; the appellant ha: b:sn giv:n? r:ai~nabI~ opportunity of being heard. (6) Theorderapp~aledagainst shall, unle3s the appellate authority conditi3.ixlly or uncondi- tionally directs otherwise, be in force pending the disposal of the appeal against such order. (7) Every order of the appellate authority confirming, modifying or r-versinz the order appcal cd against shall be final. POWERS AND PROCEDURE

Section 17 – The Arms Act 1959 | DailyLaw.ai