Arms Rules, 2014

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Department: Home & Tribal Affairs Department
Main Category: Rules
Year 2014
Promulgation Date: 17-03-2014
Details:

GOVERNMENT OF THE KHYBER PAKHTUNKHWA

HOME AND TRIBAL AFFAIRS DEPARTMENT.

 

 

NOTIFICATION

 

 

Peshawar, dated the 17th March, 2014.

 

No. SO(Arms)HD/2-B/2004/Vol-XII(B-1421.---In exercise of the powers conferred by section 11 of the Khyber Pakhtunkhwa Arms Act, 2013 (Act No. XXIII of 2013), the Government of the Khyber Pakhtunkhwa is pleased to make the following rules, namely:

 

THE KHYBER PAKHTUNKHWA

ARMS RULES, 2014.

 

CHAPTER-I

PRELIMINARY

 

1.         Short title and commencement.---(1)  These rules may be called the Khyber Pakhtunkhwa Arms Rules, 2014.

 

(2)       These rules shall come into force at once.

 

2.         Definitions.---In these rules, unless there is anything repugnant in the subject or context,-

 

(a)       “Act” means the Khyber Pakhtunkhwa Arms Act, 2013 (Act No. XXIII of 2013);

 

 (b)      “Deputy Commissioner”, means the Deputy Commissioner of the district concerned;

 

(c)       “Forms” mean Forms provided in Schedule-I, appended to these rules;

 

(d)       “non-prohibited bore weapon” means the weapon which is allowed to be manufactured, repaired, sold, possessed or transported by an individual under a license and includes restricted bore weapon and non-restricted bore weapon;

 

(e)       “non-restricted bore weapon” means the weapon which is in positive list of the description of arms, as Government may notify from time to time;

 

(f)        “prohibited bore weapon” means the weapon as mentioned in rule 4 of these rules which are not allowed to be manufactured, repaired, sold, possessed or transported by an individual;

 

(g)       “restricted bore weapon” means the weapon which are in the negative list of the description of arms as Government may notify from time to time;

(h)       “Schedule” means Schedule appended to these rules;

 

(i)        “Secretary”, means the Secretary to Government Home and Tribal Affairs Department; and

 

(j)        “transportation” means to transport arms or ammunition and machinery for manufacturing of arms or ammunition within, into or away from the Province.

 

CHAPTER-II

CONDITIONS

 

3.         Conditions for licensee.---(1)  An applicant shall be granted a license if,-

(a)       he is a citizen of Pakistan;

 

(b)       he has attained the age of 21 years;

 

(c)       he possess national identity card;

 

(d)       he is of sound mind and having no mental disorder;

 

(e)       he is not fugitive from law;

 

(f)        he is not convicted by any Court of law:

 

            Provided that a convict who has undergone the imprisonment shall be treated as eligible as of normal applicant.

 

(g)       he is not a bankrupt;

 

(h)       he is not a habitual criminal;

 

(i)        he is considered suitable by the local police in view of general conduct or previous record; and

 

(j)        he fulfills any other condition as Government may notify from time to time:

 

            (2)       No verification, under rule (1) shall be required in respect of members of Parliament or Provincial Assembly of the Province or persons who are in service of Pakistan serving in the Province or the Province, as the case may be.

 

CHAPTER-III

TRANSPORTATION

 

4.         Manufacture, repair, sale, possession and transportation of cannon and certain other articles.---A license for the manufacture, repair, sale, possession and transportation of-

 

(a)       cannon, or

 

(b)       articles designed for torpedo service, or

 

(c)       war rockets, or

(d)       machinery for manufacture of such arms or ammunition, or

 

(e)       other articles which may be notified by Government, from time to time,

 

may be granted by the Secretary, in Form-I, only to the law enforcement agencies or any other Government Departments, as may be authorized by Federal Government or Government, as the case may be, in this behalf, after due satisfaction.

 

5.         Prohibition of transportation of arms or ammunition otherwise than under license.---(1) Save as otherwise provided in this rule, the transportation of arms-or-ammunition is prohibited all over the Province except under a license and to the extent and in the manner permitted by such license.

 

(2)       Nothing in sub-rule (1) shall be deemed apply to-

 

(a)       arms, and ammunition transported personally or as personal luggage in reasonable quantity  for his own use by any person lawfully entitled to possess arms or go armed;

 

(b)       arms or ammunition which are covered by a license being transported by licensed dealer; and

 

(c)       arms or ammunition transported-

 

(i)        by any person licensed to possess such articles or exempted from the liability to obtain such license, where such articles are transported in reasonable quantities for his own use from the premises of a licensed dealer, or are transported for purposes of examination or repair to or from any such premises, or are transported to any other person so licensed or exempted as aforesaid; and

 

(ii)       by a licensed dealer, where such articles are transported in a case or package legibly addressed to such a person as is referred to in sub-clause (i), in compliance with an order given by such person for the supply of such articles in reasonable quantities for his own use.

 

6.         Transportation of arms or ammunition of non-restricted bore weapon and restricted bore weapon.---(1) Save as otherwise provided by
rule 5, license for the transportation of arms and ammunition of non-restricted bore weapon may be granted, by the Deputy Commissioner, on the approval of the Secretary in the manner as specified in Form-II.

 

            (2)       The license for the transportation of arms or ammunition of restricted bore weapon may be granted by the Secretary in the manner as specified in Form-II-R:

 

            (3)       The licensee shall, prior to the transportation of arms or ammunition of non restricted bore weapon or restricted bore weapon, as the case may be, obtain a No Objection Certificate from the Provincial Government or the Federal Government, as the case may be, where the consignment is to be delivered.

            (4)       The Deputy Commissioner shall forth sent a copy of every license granted under sub-rules (1) and (2), for the transportation, beyond the local limits of the district or the Province, as the case may be, to the receiving authority of the district, Province concerned or the Capital Territory, as the case may be, where such consignment is to be delivered.

 

7.         Delivery of transport licenses.---(1) The licensee of any arms or ammunition transported by land or river, shall deliver a copy of the license within six days of the arrival of the consignment at its destination to the Deputy Commissioner of the district in which the place of destination is situated, or to such other officer as the Deputy Commissioner may authorize in this behalf.

 

            (2)       Every consignment shall be properly packed, sealed and dispatched under the supervision of an officer deputed by the Deputy Commissioner and a police official deputed by the Police Department.

 

            (3)       Where the arms or ammunition are to be transported across the Provinces and the Capital Territory, as the case may be, entirely by rail, a copy of the license under rule 6 shall forthwith be sent by the Deputy Commissioner or any other officer authorized by the Secretary in this behalf, as the case may be, to the receiving authority at the place from which the consignment is to be dispatched.

 

            (4)       Where the arms or ammunition are transported by rail, a copy of the license shall be attached to the way bill or invoice, as the case may be, and an invoice of every such consignment shall be sent by the railway authorities from the forwarding to the receiving station and the consignment shall not be taken from the railway premises unless the railway police, or, if there are no railway police, the railway authorities, have satisfied themselves that the arms or ammunition correspond with the description given in the license.

 

            (5)       The railway authorities shall not receive for dispatch any case or package containing arms or ammunition unless accompanied by the original license.

 

            (6)       Where the arms or ammunition are to be transported by road or river,-

 

(a)       a copy of the license granted under rule 6 shall forthwith be sent by the Secretary or Deputy Commissioner, as the case may be, to the Deputy Commissioner of the district out of which the consignment is to cross the frontier of the Provinces and Capital territory to which it is transported; and

 

(b)       the licensee shall, within six days of the arrival of the consignment in the district out of which it is to cross the frontier of the Provinces and the Capital territory to which it is transported and before it so crosses, be delivered to the Deputy Commissioner of such district, or to such other officer as the Deputy Commissioner may appoint for this purpose.  

 

            (7)       Every officer to whom a license is delivered under this rule shall satisfy himself that-

 

(a)       the arms or ammunition corresponds with the description given in the license;

 

(b)       the arms or ammunition shall not exceed the number mentioned in the license;

 

(c)       such license is identical in substance with the copy send to him under sub-rule (4) of rule 6; and

 

(d)       any deficiency is properly accounted for shall be forwarded to the Secretary or the Deputy Commissioner, as the case may be, and the arms or ammunition shall be taken into temporary possession by the receiving authority till the disposal of the issue.

           

            (8)       A licensee shall, after obtaining the imports or exports license regarding arms or ammunition from the Federal Government, inform Government in this respect and a copy of the same shall be provided for endorsement and record.

                                                                                                                                   

CHAPTER-IV

MANUFACTURE AND SALE

 

8.         Manufacture, conversion, sale and keeping for sale of arms or ammunition from the manufacturing unit or factory.---(1)         License for manufacture, conversion, sale and keeping for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifle of non-restricted bore weapon and restricted bore weapon, from manufacturing unit or factory, may be granted by the Secretary, in the manner as specified in Forms-III and III-R respectively.

 

            (2)       License for manufacture, conversion, sale and keeping for sale of rifles, parts of rifles and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from manufacturing unit or factory, may be granted by the Secretary in the manner as specified in Forms IV and IV-R respectively.

 

            (3)       License for sale and keeping for sale of arms or ammunition other than rifles, parts of rifle and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from the dealers, may be granted by the Secretary, in the manner as specified in Forms-V and V-R respectively.

 

            (4)       License for sale and keeping for sale of rifles, parts of rifle and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from the dealers, may be granted by the Secretary, in the manner as specified in Forms-VI and VI-R respectively.

 

            (5)       The Secretary may, by licenses granted under this rule, authorize selected dealers to sell and keep for sale a specified amount of arms or ammunition of non- restricted bore weapon or restricted bore weapon:

 

            Provided that the licensee shall not sell from his stock to any person who does not hold a license to possess such arms or ammunition.

 

            (6)       Any officer authorized by the Secretary or a police officer not below the rank of Inspector, may, on the directions of the Secretary, within the local limits of his authority,-

(a)       enter and inspect any premises in which arms or ammunition are manufactured, converted, sold, or kept for sale; and

 

(b)       examine the stock and accounts of receipts and sale of arms or ammunition.

 

            (7)       Licenses for the transportation, possession or use of sulphur, in reasonable quantities, proved to the satisfaction of the Deputy Commissioner, to be required in good faith for medicinal, agricultural, manufacturing or industrial purposes other than the manufacture of arms or ammunition, may be granted by the Deputy Commissioner, in the manner as specified in Form-VII.

 

CHAPTER-V

KEEPING FOR SAFE CUSTODY

AND REPAIR

 

9.         License to keep for safe custody of arms or ammunition of non-restricted bore weapon.---(1) A license to keep for safe custody of arms or ammunition of non- restricted bore weapon deposited by their owner for that purpose may be granted in Form-VIII by the Secretary.

 

            (2)       A license to keep for safe custody of arms or ammunition of restricted bore weapon deposited by their owner for that purpose may be granted in Form-VIII-R by the Secretary.

 

10.       License for repair of arms or ammunition.---(1)  A license to keep for repair of arms or ammunition of non-restricted bore weapon deposited by the owner for that purpose may be granted in Form-IX by the Secretary.

 

            (2)       A license to keep for repair of arms or ammunition of restricted bore weapon deposited by their owner for that purpose may be granted in Form IX–R by the Secretary.

 

CHAPTER-VI

PART-I

POSSESSION

 

11.       Licenses to Government controlled organizations.---(1) Where a license granted for possession of any arms or ammunition is granted to a Government controlled organization for its security, maintaining law and order and security of general public, such arms or ammunition may be possessed and used by the security personnel of such organization under a written authority of the Secretary.

 

            (2)       The security personnel who are trained to use and authorized to possess arms under written authority under sub-rule (1) shall be deemed to be a licensee for the purpose of the Act, these rules and any other law for the time being in force.

 

12.       License for the possession and use of arms or ammunition for purposes of target practice.---A license for the possession and use of arms, for the purposes of target practice, by the members of any military mess or of any club or association may, with the approval of the Secretary, be granted in
Form-X in the name of the mess, club or association by the Deputy Commissioner.

PART-II

POSSESSION AND GOING

ARMED

 

13.       Possession of arms or ammunition and going armed for sport, protection or display.---(1)  Save as otherwise provided by rule 4, a license for the possession of arms or ammunition of non- restricted bore weapon in reasonable quantities and for going armed for the purposes of sport, protection or display, may be granted, under these rules in Form-XI, by the Deputy Commissioner.

 

            (2)       The Secretary shall grant a license for restricted bore under these rules in Form XI-R.

 

            (3)       Where an officer so authorized, receives an application for a license of the nature referred to in sub-rules (1) and (2), from any person who is not resident within the local limits of his authority, or is not personally known to him, he shall, before granting such license, ascertain or verify, when the applicant resides in a place in other Province and the Capital Territory, as the case may be, from the Deputy Commissioner of the district in which such place is situated.

 

            (4)       No license shall be granted to a Junior Commissioned Officer of the Pakistan Army, Warrant Officer, Chief Petty Officer, Petty Officer, Non- Commissioned Officer, Seamen, Soldier or Airman of the Pakistan Naval, Military or Air Force respectively, except on the recommendation of his Commanding Officer.

 

            (5)       A licensee shall purchase an arm or ammunition of the category mentioned therein from a registered dealer, within sixty days of the issuance of the license and apply to the Deputy Commissioner for its entry in the record.

 

            (6)       Where a license granted or renewed under these rules is lost or accidentally destroyed, the Secretary or the Deputy Commissioner, as the case may be, may grant a duplicate of it, free of any fee or on payment of a fee, as the case may be.

 

            (7)       The Deputy Commissioner shall process application for change of bore in license for pistol, shotgun or rifle, as the case may be, free of any fee, however, conversion of a license for pistol into shotgun or rifle or otherwise, as the case may be, shall be on payment of a fee as may be specified in Schedule-V.

 

14.       Institutional arms or ammunition License.---A registered institution, may through an authorized agent, apply to the Secretary, for an institutional arms license. Such institution shall provide registration documents along with a surety bond for use of arms for defense purposes only and details of security guards, deployed in the Province. However, prior clearance from Government shall be obtained before processing any application for such license.

 

15.       Temporary license for possession of arms or ammunition and for going armed by bona fide travelers.---(1)  Save as otherwise provided by rule 5, a license may be granted in Form-XII to bona fide traveler proceeding from a port of arrival in the Provinces and the Capital Territory to his place of destination and for the possession of arms or ammunition in reasonable quantities during the period occupied in so proceeding and for going armed during such period, by the Deputy Commissioner.

 

(2)       A copy of every license, granted under sub-rule (1), shall forthwith be forwarded, where his place of destination is elsewhere in the Province, to the Deputy Commissioner of the district in which such place is situated.

 

(3)       Any officer to whom a copy of such license has been sent under sub-rule (2) shall satisfy himself when necessary that the licensee has complied with all conditions of the relevant Form.

 

16.       Possession of arms or ammunition, and going armed for the control or destruction of wild animals.---A license for the possession of arms or ammunition and for going armed for the control or destruction of wild animals which likely to cause injury to human beings or cattle may be granted in Form-XIII, by the Deputy Commissioner.

 

17.       Possession of arms or ammunition, and going armed for the protection of crops.---(1) A license for the possession of arms or ammunition and for going armed for the destruction of wild animals which likely to cause injury to crops may be granted, in Form-XIV, by the Deputy Commissioner.

 

(2)       The license under sub-rule (1) shall only be granted to bona fide cultivators and shall be valid only in the place or area specified in the license by the Deputy Commissioner.

 

18.       Going armed on a journey.---A license for going armed on a journey in or through any other Province or Capital Territory, as the case may be, granted in Form-XV by the Secretary.

 

CHAPTER-VII

APPLICATION, REGISTRATION, RENEWAL,

QUOTA ALLOCATION, PRODUCTION

AND INSPECTIONS

 

PART-I

APPLICATION

 

19.       Previous sanction in certain cases.---(1) A license, having effect beyond the powers of the Secretary or the Deputy Commissioner, as the case may be, shall not be granted-

 

(a)       for the transportation of any arms or ammunition to any place within the  Province without the previous sanction of the Deputy Commissioner of the district in which such place is situated;

 

(b)       for the transportation of any arms or ammunition to
any other Province or Capital Territory, as the case may be, without the previous sanction of the concerned authority of that Government; and

 

(c)       one of the person or persons belonging to one of the classes of persons as exempted by the concerned authority, from time to time, and the consignment is intended for the personal use only of the consignee.

 

            (2)       The previous sanction referred to in this rule may be obtained either through an application by the applicant to the Competent Authority.

 

            (3)       Where the previous sanction is sought by the officer to whom application for the grant of license is made, he shall send a copy of the proposed license to the authority whose previous sanction is required, and, on receipt of the reply of such authority, they shall either grant the license or inform the applicant that his application is refused.

 

20.       Application for license.---(1) Every person who applies for obtaining a license under these rules, shall apply in writing to the Secretary or the Deputy Commissioner, as the case may be, and shall in such applications furnish all such particulars as per Form-XVI:

 

            Provided that applications for non-restricted bore weapon and restricted bore weapon shall be made in Forms XVII and XVII-R respectively.

 

(2)       Without prejudice to generality of sub-rule (1), every person applying for a license for the transportation of any arms or ammunition shall specify in his application-

 

(a)       the place of destination;

(b)       the route;

(c)       the time likely to be occupied in the journey; and

(d)       the quantity, description and price of each kind of arms, ammunition or stores in respect of which the license is required and the purpose for which they are intended.

 

(3)       Where the grant of license requires the previous sanction of some other authority specified in rule 19, the application shall state where such previous sanction has been obtained and, if so, shall be supported by documents thereof.

 

21.       Form and language of license.---(1) Every license shall be granted or renewed in the appropriate Form, and subject to the conditions set forth in such Form, and save as therein otherwise expressly provided, the arms or ammunition specified and the person named in the license shall alone be covered thereby.

 

(2)       Every such license shall be written or printed in English.

 

 

PART-II

REGISTRATION AND RENEWAL

OF LICENSES

 

22.       Registration of licenses.---(1)A license, in any Form, granted by the Secretary, the licensee shall, within sixty days of the receipt thereof, present it at the office of the Deputy Commissioner, for registration.

 

(2)       Where a license granted or registered, in any Form, by the Deputy Commissioner shall be communicated to the Secretary.

 

(3)       If the licensee fails to get his license registered at the office of Deputy Commissioner within the period specified in sub-rule (1), his license shall, on the expiry of that period, stand cancelled.

(4)       Licenses issued in Forms -XI and XI-R shall be registered by the Deputy Commissioner and a copy thereof may be sent to the concerned police station, for record.

 

23.       Duration and renewal of license.---(1) Save as otherwise provided, every license granted under these rules, shall, unless previously cancelled, be in force for such period and expire on such day as specified in the license, subject to any restrictions or limitations provided in the relevant Form:

 

            Provided that where a license is granted in Forms-X, XIII or XIV the Deputy Commissioner shall direct that within a specified period, which it may from time to time extend, arms or ammunition under the license shall be produced for his inspection, and if within period so specified or extended the licensee fails to comply, the license shall stand cancelled.

 

(2)       A license for transportation of arms or ammunition shall be granted for a period longer than twice the time likely to be occupied in the journey to the place of destination by the route indicated in the license. However, the Deputy Commissioner on the approval of the Secretary may extend the time period so granted, on reasons to be recorded.

 

24.       Conditions for renewal of license.---Following are the conditions for the renewal of a license:

 

(a)       the license may be granted or renewed for a period-specified in the relevant Forms;

 

(b)       the license may be renewed within a period of one month of its expiry hereinafter referred to as the grace period without the payment of any penalty or late fee;

 

(c)       after the expiry of the grace period before the lapse of three months from date of expiry of the license it may be renewed at fine as notified by the Secretary from time to time;

 

(d)       a late fee for the purpose of license in any Form shall be fined as notified by the Secretary from time to time, for every month that intervenes between the expiry of the grace period and the date of renewal of the license; and

(e)       if a license is not renewed within the period specified above, the license shall, on the expiry of the said period, stand cancelled.

 

25.       Procedure for renewal of license.---(1)             A licensee who desires to have his license in any form renewed, shall present his license to an authorized officer or in-charge of the bank who shall after depositing the requisite fee, allot a registration number to each renewal and also make necessary entries in the account of the licensee under intimation to the Secretary or the Deputy Commissioner, as the case may be.

 

            (2)       The in-charge of the bank concerned shall, at the close of each month, send a report in the proforma set forth in Schedule-II, to the concerned authority, who grants license under these rules, about the registration of the licenses at his branch during the month.

 

            (3)       The authorized person of the bank shall check the necessary entries in license, the date up to which the license is renewed and after putting his signature and affixing the date-seal of the bank thereon, with regard to such renewal, return the license to the licensee. At the end of each month the bank shall furnish a statement in this respect to the concerned authority, who grants license under these rules in the proforma set forth in the Schedule-III.

 

            (4)       Where a license has been registered at any branch of the authorized bank, the licensee shall not be entitled to have his license got renewed at any other branch:

 

            Provided that if the licensee takes up permanent residence within the area of another branch of authorized bank he may, after giving notice in writing of the change of his address to the Deputy Commissioner and the bank concerned where his license was registered so as to enable it to transfer the record relating to his license to the other branch and the Deputy Commissioner of the area to which he has shifted.

 

            (5)       The in-charge of the authorized bank shall, as soon as may be, after 31st January of each year, submit to the Secretary and the Deputy Commissioner, as the case may be, a list of defaulters in the proforma set forth in Schedule-IV.

 

            (6)       Licenses granted under these rules, requiring renewal, may be renewed in a manner as specified in a separate form attached to each relevant Form respectively.

 

PART-III

QUOTA ALLOCATION, PRODUCTION

AND INSPECTIONS

 

26.       Quota.---Government may, from time to time, specify a maximum number of licenses to be issued by the Secretary or the Deputy Commissioner, as the case may be.

 

27.       Powers to grant the license.---(1) The concerned authority empowered to grant or renew a license or to give his previous sanction to such grant or renewal may in his discretion,-

 

(a)       refuse to grant or renew such license or to give, such sanction; or

 

(b)       cancel or suspend a license; or

 

(c)       where the authority is subordinate to Government, refer the application for orders to Government:

 

            Provided that in any case in which such authority refuses, renewal, cancels or suspends license, as the case may be, the applicant may appeal to the immediate officer superior to the authority so refusing, canceling or suspending such license.

 

(2)       The concerned authority shall exercise all powers and perform all duties, conferred by these rules.

 

28.       Obligation to produce license.---Any person who holds a license, granted or renewed, shall forthwith produce such license upon the demand of the Secretary or Deputy Commissioner, as the case may be, or any police officer not below the rank of sub-inspector.

 

29.       Production and inspection of arms.---(1) The Secretary or the Deputy Commissioner, as the case may be, or any other officer so authorized in this behalf, may, for the purpose of satisfying himself, by order in writing, inspect any such arms, equipment, manufacturing unit and business sites, as the case may be, covered by such license, at any time and place as he may deem appropriate.

 

            (2)       The Deputy Commissioner may inspect arms, equipment, manufacturing unit and business sites, as the case may be, in his jurisdiction, at any time along with local police.

 

            (3)       A report of such inspection as provided in sub-rule (1) or sub-rule (2) shall be furnished by the authorized officer to Secretary or Deputy Commissioner, as the case may be.

 

CHAPTER-VIII

RETAINER, TRANSFER

AND INCLUSION

 

30.       Retainers.---A concerned authority, who grants license, may, on an application, allow the appointment of not more than two retainers at a time of a licensed arm subject to the conditions set forth in rule 4 of these rules. The retainer may be the legal heirs of the licensee. All the rights given to a licensee, under these rules, shall be equally applicable to the retainers.

 

31.       Transfer of licenses.---Transfer of licenses under various Forms shall be considered only on ‘inheritance’ or ‘extreme hardship or need’ basis and upon the satisfaction of Secretary or Deputy Commissioner, as the case may be, at a fees as may be notified by Government from time to time; provided that the person to whom the license is transferred also fulfills all the legal requirements of such license mentioned in sub-rule (1) of rule 4. Statements of all concerned on stamp paper, duly attested by the Registrar or Sub-Registrar of the concerned District or Political Agent, as the case may be, shall be furnished along with such application. The Registrar or Sub-Registrar of the District or the Political Agent, as the case may be, shall also authenticate the agreement between the parties before the transfer is effected.

 

32.       Change of title.---Change of title of the company shall be admissible to any licensee on application, subject to the approval of the Secretary or Deputy Commissioner, as the case may be, as specified in Schedule-I.

 

33.       Addition or inclusion of sale agent in licenses.---Sale agents shall be added to licenses for dealership, manufacturing, institutional etc; subject to proper verification of applicant.

 

34.       Addition or inclusion of proprietorship.---Proprietorship shall be added to licenses for dealership, manufacturing, institutional etc., subject to proper verification of the applicant.

 

35.       All Pakistan and increase of cartridges in licenses.---(1) Validity of licenses of non-restricted bore weapons may be extended to other Provinces as well as the Capital Territory by the Secretary on the  recommendation of the-

 

(a)       concerned Deputy Commissioner or Political Agent, as the case may be, or

 

(b)       Commanding Officer, in case of army men, or

 

(c)       Gazetted officer or public representative.

 

(2)       Government may notify, from time to time, the maximum number of cartridges and procedure of its increase in a license as per Forms-XI and XI-R, respectively:

 

Provided that the free license holder is exempted from such fee up to the limit of one hundred (100) cartridges.

 

CHAPTER-IX

DISPOSAL OF ARMS OR

AMMUNITION

 

36.       Weapon of non-prohibited bore.---(1) All arms or ammunition forfeited by Government under these rules, other than the weapon of historical interest and the prohibited bore weapon shall be disposed of by the Deputy Commissioner-

 

(a)       through sale to Government servants who possesses valid license in respect of the weapon, at a price to be fixed by the Deputy Inspector General of Special Branch Police, in case of sale at district Peshawar and by the Deputy Commissioner himself, in consultation with the District Police Officer, in other districts; and

 

(b)       through open auction amongst general public, who possesses valid license in respect of the weapon.

 

            (2)       The local made weapons shall be sold or auctioned at a price less than one third of its market price and no foreign made weapon shall be sold at a price less than one half of its market price.

 

            (3)       Government may distribute weapon amongst Government servants and other persons who are either required to possess a weapon in the discharge of their official duty who render such services to the state as warrant them to keep a weapon whether indefinitely or for a limited period, as Government may fix it.

 

            (4)       All such persons including Government servants possessing weapon under sub-rule (3) shall surrender the weapon to Government as soon as they cease to discharge such duty or render such services as warranted them to keep the weapon.

 

(5)       If a person fails to surrender the weapon under sub-rule (4), due to any reason, the Secretary shall conduct an enquiry in this respect and if the person proved guilty under such enquiry shall be liable to deposit an amount equivalent to the weapon according to the market price.

 

(6)       No foreign made arms or ammunition shall be disposed of through open auction at a place other than Peshawar, and for this purpose, all the Deputy Commissioners shall shift all such arms or ammunition to the Provincial Malkhana.

 

(7)       All sale proceeds of such arms or ammunition shall be deposited in the treasury in the relevant head under intimation to Government.

 

37.       Disposal of prohibited bore weapons.---(1) All forfeited or confiscated prohibited bore weapons may be handed over to law enforcement agencies or other Government Departments, free of cost, for discharging their official duties, under proper documentation.

 

(2)       All such weapons or parts of it, which cannot be used by any such agencies or Departments, may be sold to a registered factory other than that of arms or ammunition at a price to be fixed by Government and a certificate of destruction shall be obtained from such factory in respect of such weapon.

 

38.       Disposal of weapon of historical interest.---Government may dispose of weapon which are of historical interest by offering free of cost, to museums located in the Province or by sale to museums located out of the Province or to interested persons at a cost to be fixed by Government.

 

39.       Reward.----Government may, in recognition of exceptionally valuable services rendered by an individual to the cause of advancement of welfare of the public at large, grant a non-prohibited weapon to such individual as a reward.

 

CHAPTER-X

FEE

 

40.       Fee payable for license.---Every license granted or renewed under these rules shall, save as otherwise expressly provided, be chargeable with the fee as specified in Schedule-V.

 

41.       Exemption from fees.---(1) Government may, by general or special order, exempt, remit, reduce or enhance, as the case may be, the fee payable in respect of the grant, renewal, late fee or any other fee, as the case may be, of any license.

 

            (2)       No fee is chargeable in respect of the persons mentioned in Schedule-VI for a license of non-restricted bore weapon.

 

            (3)       All Government Servants serving in the Province and Federal Government Servants in BPS-17 and above shall be exempted from payment of any fees of one non-restricted bore weapon.

 

            (4)       All Government officials in BPS-16 and below serving in the Province shall produce departmental permission for obtaining one free arms license of non-restricted bore weapon.

 

42.       Collection of fee.---The fee, as specified in Schedule-V shall be deposited in the relevant head of account.

 

43.       Arms policy.---Government may, from time to time, formulate a policy, for carrying out the purposes of the Act and these rules, which is not in consistent with the provisions of the Act and these rules.

 

44.       Repeal and Savings.---(1)The Arms Rules, 1924, to the extent of the Province of the Khyber Pakhtunkhwa, are hereby repealed.

 

            (2)       Notwithstanding the aforesaid repeal, anything done, action taken and notifications or orders issued under the aforesaid rules shall, so far as it is not inconsistent with the provisions of the Act, be deemed to have been done taken, made or issued, under these rules and shall have effect accordingly.

 

 

                                                                       

                                                                        Sd/-xxx

SECRETARY TO

GOVERNMENT OF THE KHYBER PAKHTUNKHWA

HOME AND TRIBAL AFFAIRS DEPARTMENT.


 

 

 

SCHEDULE -I

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM –I

(see rule 4)

 

License for the transportation, possession of prohibited bore weapon including cannon, articles designed for torpedo service, war rockets or machinery for the manufacture of such arms or ammunition.

 

Name, description of licensee and agent,(if any) and residence of

Number of packages

Description with specification of caliber of cannon or other articles

Number of articles

Place of dispatch and route

Place of destination

Name description and residence of consignee

Period for which the license is valid

Usage of the articles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


CONDITIONS:

 

1.                  This license is granted subject to all the provisions of the Act and of these rules.

 

2.                  In cases of transportation-

 

(a)              bulk shall not be broken before the articles reach the place of destination, and

 

(b)              the articles shall be delivered only to a person lawfully entitled to receive them.

 

3.                  In cases of transportation by land or river, an account of contents of each package shall be legibly written thereon.

 

4.                  In case of transportation by rail, each package shall be marked with the word “cannon”, or as the case may be, in such a manner as to be readily, recognizable by the railway authorities.

 

5.                  A person may be authorized by the law enforcement organization in writing, before the consignment is made.

 

6.                  The receiving authority upon reception of the consignment certify the receipt which may be furnished to Home and Tribal Affairs Department immediately.


 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM-II

 

[see rule 6(1)]

License for the transportation of arms or ammunition of non-restricted bore weapon.

 

Name, description and licensee and agent (if any).

 

ARMS.

AMMUNITION.

 

Purpose for which and route.

 

Name description residence of consignee.

 

 

Number of Packages.

 

 

 

 

Place of dispatch and route.

Place of destination.

Period for which the license is valid.

 

Description.

Number.

Description.

Numbers, or Weight in Seers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.

 

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the ______ to

The_____

 

Date on which the previous sanction of

Government......................................................................

 

 


 

 

CONDITIONS:

 

1.                  The sealing and loading of the consignment of arms or ammunition shall be done in the presence of a police officer of the rank of Deputy Superintendent of Police, who would certify the contents of the consignment, and submit the compliance report within seven (7) days of expiry of the transportation license.

 

2.                  The consignment shall be escorted by the police from the port or factory to the point of delivery.

 

3.                  This license shall be valid for a period of sixty days (60) for one consignment.

 

4.                  Compliance report along with video footage of the whole process shall be submitted to this office within seven (7) days of the expiry of transportation license.

 

5.                  This license is granted subject to all the provisions of the Act and under these rules.

 

6.                  The articles shall not be conveyed by any route other than that specified in column 1 and bulk shall not be broken, nor shall the consignment be stopped before the articles reach the place of destination.

 

7.                  An account of the contents of each package shall be legibly written thereon and where the articles are conveyed by rail, each package shall be marked with the word or expression “Arms”, “Ammunition” as the case may be, so as to be readily recognizable by the railway authorities.

 

8.                  The articles shall be delivered only to a person lawfully entitled to receive them.


 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM II-R

 

[see rule 6(2)]

 

License for the transportation of arms or ammunition of restricted bore weapon.

 

Name, description and licensee and agent

(if any).

Number of Packages.

ARMS.

AMMUNITION.

Place of dispatch and route.

Purpose for which and route.

Place of destination.

 

Period for which the license is valid.

 

Description.

Number.

Description.

Numbers, or Weight in Seers.

Name description residence of consignee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.

 

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the______to

The_____

 

Date on which the previous sanction of

 

Government......................................................................


 

 

CONDITIONS:

 

1.                  The sealing and loading of the consignment of arms or ammunition shall be done in the presence of a police officer of the rank of Deputy Superintendent of Police, who would certify the contents of the consignment, and submit the compliance report within seven (7) days of expiry of the transportation license.

 

2.                  The consignment shall be escorted by the police from the port/factory to the point of delivery.

 

3.                  This license shall be valid for a period of sixty days (60) for one consignment.

 

4.                  Compliance report along with video footage of the whole process shall be submitted to this office within seven (7) days of the expiry of transportation license.

 

5.                  This license is granted subject to all the provisions of the Act and of these rules.

 

6.                  The articles shall not be conveyed by any route other than that specified in column 1 and bulk shall not be broken, nor shall the consignment be stopped before the articles reach the place of destination.

 

7.                  An account of the contents of each package shall be legibly written thereon and where the articles are conveyed by rail, each package shall be marked with the word or expression “Arms”, “Ammunition” as the case may be, so as to be readily recognizable by the railway authorities.

 

8.                  The articles shall be delivered only to a person lawfully entitled to receive them.


 

 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

FORM-III [see rule 8(1)]

 

License to manufacture, conversion and keeping for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifles of non-restricted bore weapon from the manufacturing unit or factory.

 

 

 

 

 

 

 

Serial

number

of

license.

 

 

 

Name ,

description

of license

and duly

authorized

agent or

agents, if

any.

 

 

 

 

 

 

 

Place of

Business or shop.

Description and

number of arms

Description and

quantity of

ammunition or military stores

 

To be

manufa

ctured

or

converted.

To be

sold or

kept for

sale.

To be

manufac

tured.

To be

sold or

kept for

sale.

Date on

which

the

license

expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 

 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

Form for renewal of the license

 

Name: ______________ Title Of license: _______________ Serial No. ______________

 

Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and Signature

of authorized bank.

Endorsement of

granting authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 

 


CONDITIONS:

 

1.                  General. The license is granted subject to all the provisions of the Act and of these rules.

 

2.                  Maintenance of stock books, etc. The licensee shall maintain stock books and accounts of receipts and issues in Forms A and B respectively of the Appendix to these conditions. The pages of these books shall be numbered and before any entries are made the books shall be exhibited, together with the manufacturer’s license, to the Deputy Commissioner or any other officer so authorized who shall sign the first and the last pages of each book and seal them with his official seal.

 

3.                  Inspection of premises stocks and registers. The licensee shall exhibit at his premises his stocks and his registers for inspection on the demand of Deputy Commissioner, Magistrate, any police officer not below the rank of Inspector, or if Government may directs, a Sub-Inspector, or any other officer authorized in this behalf. At the time of inspection the books shall be initialed by the inspecting officer and any irregularity or breech of the rules which may be noticed shall be reported to Government and Deputy Commissioner at once.

 

4.                  Signboard to be affixed-

 

(a)              the licensee shall have affixed on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English and in the vernacular of the district, his name and the words “Licensed to manufacture”, “or Licensed to deal in, as the case may be “arms, ammunition; and.

 

(b)              the licensee shall also affix in his place of business, factory or shop a copy of such license.

 

5.                  License to be endorsed at the time of sale. The licensee shall at the time of sale of any arms or ammunition endorse upon the license of every purchaser holding a license in relevant form-

 

(a)              the name, description and residence of the person who takes delivery of the articles sold;

 

(b)              the nature and quantity of the articles sold; and

 

(c)              the date of sale, and shall sign the endorsement.

 

6.                  Number and marks to be entered in register at the time of sale. The licensee shall make a sale of a weapon enter in his register the number and marks, if any, stamped on the weapon at the time of manufacture.

 

7.                  Sale to be reported to the Deputy Commissioner and Superintendent of Police-

 

(a)              Whenever a licensee makes a sale of arms or ammunition, he shall within forty-eight (48) hours make a report thereof to the Deputy Commissioner and Superintendent of Police of the district in which the licensee has his place of business, factory or shop and shall in such report states-

 

 

(i)                the name, description and residence of the person who takes delivery of the articles sold;

 

(ii)             the nature and quantity of the articles sold; and

 

(iii)           the date of sale and such report shall be signed by the licensee.

 

8.                  Sale not to exceed maximum fixed. The licensee shall not sell to any person licensed to possess or carry arms, rifle ammunition in excess of the maximum which may be fixed by Government for such person and which is endorsed on such person’s license.

 

9.                  Sale only allowed in regular place of business. The licensee shall not sell arms, ammunition or elsewhere than at place of business, factory or shop specified in the license.

 

11.             Restrictions on keeping of Government arms or ammunition etc. The licensee shall not keep Government arms, Government ammunition and such arms, as are in current use of Government Armed Forces and the

 

Police and have been declared as “restricted bores”.

 

Explanation.---For the purpose of this condition-

 

(a)              “Government arms” means a arms or other weapon which is the property of Government; and

 

(b)              “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government.

 

12.             Restrictions on sale to members of FATA. Where the license is granted in and for any local area in FATA of the licensee shall not sell arms or ammunition without a special permit from a Political Agent, to any member of a FATA to which Government may, from time to time, by notification, apply this condition.

 

(2)              Nothing in this condition shall be deemed to apply to sales to, or for the use of-

 

(a)              any person who is exempted under rule 3 of these rules;

 

(b)              any person who is notified by Government for this purpose.

 

13.             Loss or theft of arms to be reported forthwith. The licensee shall forthwith give information at the nearest police station and the office of the Deputy Commissioner concerned of the loss or theft of any arms or ammunition covered by the license.

 

 

 

SPECIAL CONDITIONS FOR ARMS FACTORIES

 

1.                  Provision for fire extinction. The licensee shall build his factory in concrete, fitted with fireproof material, and shall keep fire extinguishers and other appliances necessary for protection against fire.

 

2.                  Location of factory and its size. The licensee shall, as far as possible, locate his factory at sufficient distance from congested areas or thickly populated places, and shall surround it with a high compound wall. The factory shall be of a size commensurate with the number of workers employed.

 

3.                  Provision of police guard. The licensee shall apply to the District Superintendent of Police for a police guard for guarding his factory both by day and by night. The number of the police guard shall depend on the size of the factory and the number of gates to be guarded and its costs shall be realized from the owner of the factory.

 

4.                  Anti-sabotage precautions. The licensee shall ask the District Superintendent of Police to get the antecedents of all workers in his factory verified by the police before employing them. He shall also arrange with the police for issue of an identity card to each worker, bearing his photograph and signature or hand thumb impression.

 

5.                  Precautions against smuggling. Workers shall be searched on entering and leaving the factory. A record of the finished products shall be kept and certificates should be furnished showing the actual number and description of finished products sent out of the factory in any consignment.

 

6.                  Making of numbers of arms manufactured. The licensee shall take steps to ensure that all arms manufactured in his factory bear the name of the factory and a number. The number shall be marked on the barrels of guns and pistols, on barrels and breeches or rifles and on the barrels and cylinders of revolvers. The marking shall be done at the time when the component parts are ready and no arms shall be allowed to leave the factory unless they have been marked as indicated. The number shall correspond with those in the registers and in the sale book at the time of disposal. Separate registers shall be maintained for each type of arms.

 

Note.  Government may, by order in writing, waive or relax any of the conditions or special conditions through a notification.


 

 

 


 

FORM -A

 

Stock book of……………. Son of ……………caste…………………..resident of……………….. licensed to manufacture arms or ammunition.

 

 

 

 

Description and number / quantity of arms or ammunition

 

Date.

Guns.

Rifles.

Pistols and Revolvers.

Swords.

Bayonets.

Daggers.

Parts of arms other weapon.

Ammunition.

Including lead and Sulphar

Signature of licensee.

Remarks.

 

 

FORM-B

Daily sale book ……………..son of……….caste……….resident of………… licensed to manufacture arms or ammunition.

 

Date.

Name and

father’s

name of

purchaser.

Caste and

profession

of

purchaser.

Residence

of

purchaser.

Articles

purchased.

Price

rupees.

Signature

of

purchaser

and

dealer.


 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM-III-R

 

[see rule 8(1)]

 

License to manufacture conversion and keeping for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifles of restricted bore weapon from the manufacturing unit or factory.

 

 

 

 

Description and number of arms.

Description and quantity of ammunition or military stores.

 

Serial number of license.

Name description of license and duly authorized agent or agents, if any.

Place of business or shop.

To be manufactured or converted.

To be sold or kept for sale.

To be manufactured.

To be sold or kept for sale.

Date on which the license expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

Form for renewal of the license

 

Name: ______________ Title Of license: _______________ Serial No. ______________

 

 

Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and Signature

of authorized bank.

Endorsement of

granting authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 

 

 

 

 


 

 

 

CONDITIONS:

 

1.                  General. The license is granted subject to all the provisions of the Act and of these rules.

 

2.                  Maintenance of stock books, etc. The licensee shall maintain stock books and accounts of receipts and issues in Forms A and B respectively of the Appendix to these conditions. The pages of these books shall be numbered and before any entries are made the books shall be exhibited, together with the manufacturer’s license, to the Deputy Commissioner or any other officer so authorized who shall sign the first and the last pages of each book and seal them with his official seal.

 

3.                  Inspection of premises stocks and registers. The licensee shall exhibit at his premises his stocks and his registers for inspection on the demand of the Deputy Commissioner, Magistrate, any police officer not below the rank of Inspector, or if Government may direct, a sub-inspector, or any other officer authorized in this behalf. At the time of inspection the books shall be initialed by the inspecting officer and any irregularity or breech of the rules which may be noticed shall be reported to Government and the Deputy Commissioner at once.

 

4.                  Signboard to be affixed-

 

(a)              The licensee shall have affixed on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English and in the vernacular of the district, his name and the words “Licensed to manufacture” or “Licensed to deal in”, as the case may be, “arms, ammunition”; and

 

(b)              The licensee shall also affix in his place of business, factory or shop a copy of such license.

 

5.                  License to be endorsed at the time of sale. The licensee shall at the time of sale of any arms or ammunition endorse upon the license of every purchaser holding a license in relevant Form-

 

(a)              the name, description and residence of the person who takes delivery of the articles sold;

 

(b)              the nature and quantity of the articles sold; and

 

(c)              the date of sale, and shall sign the endorsement.

 

6.                  Number and marks to be entered in register at the time of sale. The licensee shall make a sale of a weapon enter in his register the number and marks, if any, stamped on the weapon at the time of manufacture.

 

7.                  Sale to be reported to the Deputy Commissioner and Superintendent of police-

 

(a)              Whenever a licensee makes a sale of arms or ammunition, he shall within forty-eight (48) hours make a report thereof to the Deputy Commissioner and Superintendent of Police of the district in which the licensee has his place of business, factory or shop and shall in such report states-


 

 

(i)                the name, description and residence of the person who takes delivery of the articles sold;

 

(ii)             the nature and quantity of the articles sold; and

 

(iii)           the date of sale and such report shall be signed by the licensee.

 

8.                  Sale not to exceed maximum fixed. The licensee shall not sell to any person licensed to possess or carry arms or ammunition, rifle in excess of the maximum which may be fixed by Government for such person and which is endorsed on such person’s license.

 

9.                  Sale only allowed in regular place of business. The licensee shall not sell arms or ammunition elsewhere than at place of business, factory or shop specified in the license.

 

10.             Restrictions on keeping of Government arms or ammunition etc. The licensee shall not keep Government arms, Government ammunition and such arms, as are in current use of Government Armed Forces and the police and have been declared as “restricted bores”.

 

Explanation.---For the purpose of this condition-

 

(a)              “Government arms” means a arms or other weapon which is the property of Government; and

 

(b)              “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government.

 

11.             Restrictions on sale to members of FATA. Where the license is granted in and for any local area in FATA the licensee shall not sell arms or ammunition without a special permit from a Political Agent, to any member of a FATA to which Government may, from time to time by notification, apply this condition.

 

(2) Nothing in this condition shall be deemed to apply to sales to, or for the use of-

 

(a)              any person who is exempted under rule 3 of these rules; and

 

(b)              any person who is notified by Government for this purpose.

 

12.             Loss or theft of arms or ammunition to be reported forthwith. The licensee shall forthwith give information at the nearest police station and the office of the Deputy Commissioner concerned of the loss or theft of any arms or ammunition covered by the license.


 

 

SPECIAL CONDITIONS FOR ARMS FACTORIES

 

1.                  Provision for fire extinction. The licensee shall build his factory in concrete, fitted with fireproof material, and shall keep fire extinguishers and other appliances necessary for protection against fire.

 

2.                  Location of factory and its size. The licensee shall, as far as possible, locate his factory at sufficient distance from congested areas or thickly populated places, and shall surround it with a high compound wall. The factory shall be of a size commensurate with the number of workers employed.

 

3.                  Provision of police guard. The licensee shall apply to the District Superintendent of police for a police guard for guarding his factory both by day and by night. The size of the guard shall depend on the size of the factory and the number of gates to be guarded and its costs shall be realized from the owner of the factory.

 

4.                  Anti-sabotage precautions. The licensee shall ask the District Superintendent of Police to get the antecedents of all workers in his factory verified by the police before employing them. He shall also arrange with the police for issue of an identity card to each worker, bearing his photograph and signature or hand thumb impression.

 

5.                  Precautions against smuggling. Workers shall be searched on entering and leaving the factory. A record of the finished products shall be kept and certificates should be furnished showing the actual number and description of finished products sent out of the factory in any consignment.

 

6.                  Making of numbers of arms manufactured. The licensee shall take steps to ensure that all arms manufactured in his factory bear the name of the factory and a number. The number shall be marked on the barrels of guns and pistols, on barrels and breeches or rifles and on the barrels and cylinders of revolvers. The marking shall be done at the time when the component parts are ready and no arms shall be allowed to leave the factory unless they have been marked as indicated. The number shall correspond with those in the registers and in the sale book at the time of disposal. Separate registers shall be maintained for each type of arms.

 

Note:  Government may, by order in writing, waive or relax any of the conditions or special conditions through a notification.


 

 

 


FORM –A

 

Stock book of………………. Son of …………caste…………………..resident of……………….. licensed to manufacture arms or ammunition.

 

 

 

Description and number / quantity of arms or ammunition

 

Date.

Guns.

Rifles.

Pistols and Revolvers.

Swords.

Bayonets.

Daggers.

Parts of arms other weapon.

Ammunition.

Including lead and Sulphar

Signature of licensee.

Remarks.

 

 

FORM-B

Daily sale book ……………..son of……….caste……….resident of………… licensed to manufacture arms or ammunition.

 

Date.

Name and

father’s

name of

purchaser.

Caste and

profession

of

purchaser.

Residence

of

purchaser.

Articles

purchased.

Price

Rs.

Signature

of

purchaser

and

dealer.

 

 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM-IV

 

[see rule 8(2)]

 

License to manufacture, conversion and keeping for sale of rifles, parts of rifles, ammunition of rifles of non-restricted bore weapon from the manufacturing unit or factory.

 

 

 

 

Description and number of arms.

Description and quantity of ammunition or military stores.

 

Serial number of license.

Name description of license and duly authorized agent or agents, if any.

Place of business or shop.

To be manufactured or converted.

To be sold or kept for sale.

To be manufa-

ctured.

To be sold or kept for sale.

Date on which the license expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category


 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

Form for renewal of the license

 

Name: ______________ Title Of license: _______________ Serial No. ______________

 

 

       Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and Signature

of authorized bank.

Endorsement of

granting authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 

 


CONDITIONS:

 

1.                  General. This license is granted subject to all the provisions of the Act and of these rules.

 

2.                  Maintenance of stock books, etc. The licensee shall maintain stock books and accounts of receipts and issues in Forms A and B respectively of the Appendix to these conditions. The pages of these books shall be numbered and before any entries are made the books shall be exhibited, together with the manufacturer’s license, to the Deputy Commissioner or any other officer so authorized who shall sign the first and the last pages of each book and seal them with his official seal.

 

3.                  Inspection of premises stocks and registers. The licensee shall exhibit at his premises his stocks and his registers for inspection on the demand of the Deputy Commissioner, the Magistrate or any police officer not below the rank of inspector, or if Government may direct, a sub-inspector, or any other officer authorized in this behalf. At the time of inspection the books shall be initialed by the inspecting officer and any irregularity or breech of the rules which may be noticed shall be reported to Government and the Deputy Commissioner at once.

 

4.                  Signboard to be affixed-

 

(a)              the licensee shall have affixed on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English and in the vernacular of the district, his name and the words “Licensed to manufacture”, “or Licensed to deal in” as the case may be “arms, ammunition and ”.

 

(b)              the licensee shall also affix in his place of business, factory or shop a copy the license

 

5.                  License to be endorsed at the time of sale. The licensee shall at the time of sale of any arms or ammunition endorse upon the license of every purchaser holding a license in relevant Form-

 

(a)              the name, description and residence of the person who takes delivery of the articles sold;

 

(b)              the nature and quantity of the articles sold; and

 

(c)              the date of sale, and shall sign the endorsement.

 

6.                  Number and marks to be entered in register at the time of sale. The licensee shall make a sale of a weapon enter in his register the number and marks, if any, stamped on the weapon at the time of manufacture.

 

7.                  Sale to be reported to the Deputy Commissioner and Superintendent of Police

 

(a)                Whenever a licensee makes a sale of arms, ammunition or, he shall within forty-eight (48) hours make a report thereof to the Deputy Commissioner and Superintendent of Police of the district


 

 

in which the licensee has his place of business, factory or shop and shall in such report states-

 

(i)                the name, description and residence of the person who takes delivery of the articles sold;

 

(ii)             the nature and quantity of the articles sold;

 

(iii)           the date of sale; and such report shall be signed by the licensee.

 

8.                  Sale not to exceed maximum fixed. The licensee shall not sell to any person licensed to possess or carry arms, rifle ammunition in excess of the maximum which may be fixed by Government for such person and which is endorsed on such person’s license.

 

9.                  Sale only allowed in regular place of business. The licensee shall not sell arms or ammunition, elsewhere than at place of business, factory or shop specified in the license.

 

11.             Restrictions on keeping of Government arms or ammunition etc. The licensee shall not keep Government arms, Government ammunition and such arms, as are in current use of Government Armed Forces and the police and have been declared as “restricted bores”.

 

Explanation.---For the purpose of this condition-

 

(a)              “Government arms” means a arms or other weapon which is the property of Government; and

 

(b)              “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government.

 

12.             Restrictions on sale to members of FATA. Where the license is granted in and for any local area in FATA of the licensee shall not sell arms or ammunition, without a special permit from a Political Agent, to any member of a FATA to which Government may, from time to time by notification, apply this condition.

 

(2)              Nothing in this condition shall be deemed to apply to sales to, or for the use of-

 

(a)              any person who is exempted under rule 3 of these rules; and

 

(b)              any person who is notified by Government for this purpose.

 

13.              Loss or theft of arms to be reported forthwith. The licensee shall forthwith give information at the nearest police station and the office of the Deputy Commissioner of the loss or theft of any arms or ammunition covered by the license.


SPECIAL CONDITIONS FOR ARMS FACTORIES

 

1.                  Provision for fire extinction. The licensee shall build his factory in concrete, fitted with fireproof material, and shall keep fire extinguishers and other appliances necessary for protection against fire.

 

2.                  Location of factory and its size. The licensee shall, as far as possible, locate his factory at sufficient distance from congested areas or thickly populated places, and shall surround it with a high compound wall. The factory shall be of a size commensurate with the number of workers employed.

 

3.                  Provision of police guard. The licensee shall apply to the District Superintendent of police for a police guard for guarding his factory both by day and by night. The number of the police guard shall depend on the size of the factory and the number of gates to be guarded and its costs shall be realized from the owner of the factory.

 

4.                  Anti-sabotage precautions. The licensee shall ask the District Superintendent of police to get the antecedents of all workers in his factory verified by the police before employing them. He shall also arrange with the police for issue of an identity card to each worker, bearing his photograph and signature or left hand thumb impression.

 

5.                  Precautions against smuggling. Workers shall be searched on entering and leaving the factory. A record of the finished products shall be kept and certificates should be furnished showing the actual number and description of finished products sent out of the factory in any consignment.

 

6.                  Making of numbers of arms or ammunition manufactured. The licensee shall take steps to ensure that all arms manufactured in his factory bear the name of the factory and a number. The number shall be marked on the barrels of guns and pistols, on barrels and breeches of rifles and on the barrels and cylinders of revolvers. The marking shall be done at the time when the component parts are ready and no arms or ammunition shall be allowed to leave the factory unless they have been marked as indicated. The number shall correspond with those in the registers and in the sale book at the time of disposal. Separate registers shall be maintained for each type of arms.

 

Note:  Government may, by order in writing, waive or relax any of the conditions or special conditions through a notification.


FORM –A

 

Stock book of……………. Son of …………… caste…………………..resident of……………….. licensed to manufacture arms or ammunition.

 

 

 

Description and number / quantity of arms or ammunition

 

Date.

Guns.

Rifles.

Pistols and Revolvers.

Swords.

Bayonets.

Daggers.

Parts of arms Other weapon.

Ammunition.

Including lead and sulphur saltpeter.

Signature of licensee.

Remarks.

 

 

FORM-B

Daily sale book ……………..son of……….caste……….resident of………… licensed to manufacture arms or ammunition.

 

Date.

Name and

father’s

name of

purchaser.

Caste and

profession

of

purchaser.

Residence

of

purchaser.

Articles

purchased.

Price

Rs.

Signature

of

purchaser

and dealer.

 


 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM-IV-R [see rule 8(2)]

 

License to manufacture conversion and keeping for sale of rifles, parts of rifles, ammunition of rifles of restricted bore weapon from the manufacturing unit or factory.

 

 

 

 

Description and number of arms.

Description and quantity of ammunition or military stores.

 

Serial number of license.

Name, description of license and duly authorized agent or agents, if any.

Place of business or shop.

To be manufact-

ured or converted.

To be sold or kept for sale.

To be manufa-

ctured.

To be sold or kept for sale.

Date on which the license expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category


 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

Form for renewal of the license

 

Name: ______________ Title Of license: _______________ Serial No. ______________

 

Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and Signature

of authorized bank.

Endorsement of

issuing authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 


CONDITIONS:

 

1.                  General. The license is granted subject to all the provisions of the Act and of these rules.

 

2.                  Maintenance of stock books, etc. The licensee shall maintain stock books and accounts of receipts and issues in Forms A and B respectively of the appendix to these conditions. The pages of these books shall be numbered and before any entries are made the books shall be exhibited, together with the manufacturer’s license, to the Deputy Commissioner or any other officer so authorized who shall sign the first and the last pages of each book and seal them with his official seal.

 

3.                  Inspection of premises stocks and registers. The licensee shall exhibit at his premises his stocks and his registers for inspection on the demand of the Deputy Commissioner, the Magistrate or any police officer not below the rank of inspector, or if Government may directs, a sub-inspector, or any other officer authorized in this behalf. At the time of inspection the books shall be initialed by the inspecting officer and any irregularity or breech of the rules which may be noticed shall be reported to Government and the Deputy Commissioner at once.

 

4.                  Signboard to be affixed.

 

(a)              the licensee shall have affixed on a conspicuous part of his place of business, factory or shop a signboard on which shall be painted in large letters in English and in the vernacular of the district, his name and the words “Licensed to manufacture”, “or Licensed to deal in” as the case may be, “arms, ammunition”; and

 

(b)              the licensee shall also affix in his place of business, factory or shop a copy of such license

 

5.                  License to be endorsed at the time of sale. The licensee shall at the time of sale of any arms or ammunition endorse upon the license of every purchaser holding a license in relevant Form-

 

(a)              the name, description and residence of the person who takes delivery of the articles sold;

 

(b)              the nature and quantity of the articles sold; and

 

(c)              the date of sale, and shall sign the endorsement.

 

6.                  Number and marks to be entered in register at the time of sale. The licensee shall make a sale of a weapon enter in his register the number and marks, if any, stamped on the weapon at the time of manufacture.

 

7.                  Sale to be reported to the Deputy Commissioner and Superintendent of Police-

 

(a)              whenever a licensee makes a sale of arms, ammunition or, he shall within forty-eight (48) hours make a report thereof to the Deputy Commissioner and Superintendent of Police of the district


 

 

in which the licensee has his place of business, factory or shop and shall in such report states-

 

(i)                the name, description and residence of the person who takes delivery of the articles sold;

 

(ii)             the nature and quantity of the articles sold; and

 

(iii)           the date of sale; and such report shall be signed by the licensee.

 

8.                  Sale not to exceed maximum fixed. The licensee shall not sell to any person licensed to possess or carry arms or ammunition, rifle in excess of the maximum which may be fixed by Government for such person and which is endorsed on such person’s license.

 

9.                  Sale only allowed in regular place of business. The licensee shall not sell arms or ammunition elsewhere than at place of business, factory or shop specified in the license.

 

11.             Restrictions on keeping of Government arms and ammunition etc. The licensee shall not keep Government arms, Government ammunition and such arms, as are in current use of Government Armed Forces and the police and have been declared as “restricted bores”.

 

Explanation.---For the purpose of this condition-

 

(a)              “Government arms” means a arms or other weapon which is the property of Government; and

 

(b)              “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government.

 

12.             Restrictions on sale to members of FATA.---Where the license is granted in and for any local area in FATA of the licensee shall not sell arms or ammunition, without a special permit from a Political Agent, to any member of a FATA to which Government may from time to time by notification, apply this condition.

 

(2)              Nothing in this condition shall be deemed to apply to sales to, or for the use of-

 

(a)              any person who is exempted under rule 3 of these rules; and

 

(b)              any person who is notified by Government for this purpose.

 

13.             Loss or theft of arms or ammunition to be reported forthwith. The licensee shall forthwith give information at the nearest police station and the office of the Deputy Commissioner of the loss or theft of any arms or ammunition covered by the license.


 

 


SPECIAL CONDITIONS FOR ARMS FACTORIES

 

1.                  Provision for fire extinction. The licensee shall build his factory in concrete, fitted with fireproof material, and shall keep fire extinguishers and other appliances necessary for protection against fire.

 

2.                  Location of factory and its size. The licensee shall, as far as possible, locate his factory at sufficient distance from congested areas or thickly populated places, and shall surround it with a high compound wall. The factory shall be of a size commensurate with the number of workers employed.

 

3.                  Provision of police guard. The licensee shall apply to the District Superintendent of police for a police guard for guarding his factory both by day and by night. The number of the police guard shall depend on the size of the factory and the number of gates to be guarded and its costs shall be realized from the owner of the factory.

 

4.                  Anti-sabotage precautions. The licensee shall ask the District Superintendent of Police to get the antecedents of all workers in his factory verified by the police before employing them. He shall also arrange with the police for issue of an identity card to each worker, bearing his photograph and signature or left hand thumb impression.

 

5.                  Precautions against smuggling. Workers shall be searched on entering and leaving the factory. A record of the finished products shall be kept and certificates should be furnished showing the actual number and description of finished products sent out of the factory in any consignment.

 

6.                  Making of numbers of arms manufactured. The licensee shall take steps to ensure that all arms manufactured in his factory bear the name of the factory and a number. The number shall be marked on the barrels of guns and pistols, on barrels and breeches of rifles and on the barrels and cylinders of revolvers. The marking shall be done at the time when the component parts are ready and no arms or ammunition shall be allowed to leave the factory unless they have been marked as indicated. The number shall correspond with those in the registers and in the sale book at the time of disposal. Separate registers shall be maintained for each type of arms.

 

Note:  Government may, by order in writing, waive or relax any of the conditions or special conditions through a notification.

 

 


FORM –A

 

Stock book of……………. Son of ……………caste…………………..resident of……………….. licensed to manufacture arms or ammunition.

 

 

 

Description and number / quantity of arms or ammunition Or

 

Date.

Guns.

Rifles.

Pistols and Revolvers.

Swords.

Bayonets.

Daggers.

Parts of arms Other weapon.

Ammunition.

Including lead and sulphur and saltrepetere.

Signature of licensee.

Remarks.

 

 

FORM-B

Daily sale book ……………..son of……….caste……….resident of………… licensed to manufacture arms or ammunition.

 

Date.

Name and

father’s

name of

purchaser.

Caste and

profession

of

purchaser.

Residence

of

purchaser.

Articles

purchased.

Price

Rs.

Signature

of

purchaser

and dealer.

 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM -V

 

[see rule 8(3)]

 

License to sell and keep for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifles of non-restricted

 

bore weapon from the dealers.

 

 

 

 

Description and number of arms.

Description and quantity of ammunition or military stores.

 

Serial number of license.

Name, description of license and duly authorized agent or agents, if any.

Place of business or shop.

To be manuf-

actured or converted.

To be sold or kept for sale.

To be manufactured.

To be sold or kept for sale.

Date on which the license expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category


 


 

GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

Form for renewal of the license

Name: ______________ Title Of license: _______________ Serial No. ______________

 

Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and Signature of

authorized bank.

Endorsement of

granting authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category

 


CONDITIONS:

 

1.                  This license is granted subject to all the provisions of the Act and of these rules.

 

2.                  The licensee shall maintain registers of all arms or ammunition and in stock, and of all sales, in such form as Government may direct.

 

3.                  The licensee shall exhibit his stock and his registers on the demand of the Deputy Commissioner, the Magistrate, any police officer not below the rank of inspector, or if Government may direct, a sub-inspector, or any other officer authorized in this behalf.

 

4.                                          (a)       The licensee shall affix on a conspicuous part of his place of business or shop a signboard, on which shall be painted in large letters in English and in the vernacular of the district his name and the words “Licensed to deal in arms or ammunition and”; and

 

(b)              the licensee shall also affix in his place of business or shop a copy of such license.

 

5.                  The licensee shall at the time of purchase of arms or ammunition, endorse upon the license of every purchaser holding a license in relevant Form-

 

(a)              the name, description and residence of the person who takes delivery of the articles sold;

 

(b)              the nature and quantity of the articles sold; and

 

(c)              the date of sale, and shall sign the endorsement or shop specified in the license.

 

6.                  The licensee shall at the time of the sale of a weapon enter in his register the number and marks, if any, stamped on the weapon at the time of manufacture.

 

7.                  The licensee shall give information of all sales of arms or ammunition to such person and in such manner as Government may direct.

 

8.                  The licensee shall not sell to any person licensed to possess or carry arms or ammunition in excess of the maximum which may be fixed by Government for such person and which is endorsed on such person’s license.

 

9.                  The licensee shall not sell arms or ammunition elsewhere than at the place of business, factory, shall not keep Government arms or ammunition or, unless he is specially authorized in this behalf by Government.

 

Explanation.---For the purpose of this condition-

 

(a)                “Government arm” means a arms or other weapon which is the property of Government; and

 

(b)              “Government ammunition” means ammunition manufactured in any Government factory, or prepared for and supplied to Government.

 

10.             The licensee shall forthwith give information at the nearest police station and the Deputy Commissioner of the concerned district, of the loss or theft of any arms or ammunition, covered by the license.

 

11.              (a)       The license may be renewed with a period of one year ending on 31st December;

 

(b)              the license may be renewed within a period of one month of its expiry (that by 31stJanuary) hereinafter referred to as the grace period without the payment of any penalty or late fee;

 

(c)              after the expiry of the grace period before the lapse of three months of the date of the expiry of the license (that is by 31st March) it may be renewed at the authorized bank on the payment of a late fee calculated at the rate of fine as notified by Government for every month that intervenes between the expiry of the grace period and the date of renewal of the license;

 

(d)              the license may be renewed after three months but before the lapse of six months of the date of expiry thereof under the orders of the granting authority on the payment of four times the normal renewal fee and such initiation shall be sent by the granting authority to the incharge of the bank where the license was registered and the licensee shall pay the renewal fee at such bank.

 

(e)                if a license is not renewed within the period specified in clause (d), the license shall on the expiry of the said period, stand cancelled.


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

FORM-V-R

 

[see rule 8(3)]

 

License to sell and keep for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifles of restricted bore weapon from the dealers.

 

 

 

 

Description and number of arms.

Description and quantity of ammunition or military stores.

 

Serial number of license.

Name, description of license and duly authorized agent or agents, if any.

Place of business or shop.

To be manufactured or converted.

To be sold or kept for sale.

To be manufactured.

To be sold or kept for sale.

Date on which the license expires.

1.

2.

3.

4.

5.

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Category


 

 


GOVERNMENT OF KHYBER PAKHTUNKHWA

 

______________ Home and Tribal Affairs Department ______________

 

 

Form for renewal of the license

Name: ______________ Title Of license: _______________ Serial No. _____________

 

Date and year of

renewal.

Date on which the

renewed license

expires.

Seal and

Signature of

authorized bank.

Endorsement of

granting

authority.