Surrender of Illicit Arms Act, 2014
Download FeedBackDepartment: | Home & Tribal Affairs Department |
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Main Category: | Acts |
Specific Category Name: | Arms |
Year | 2014 |
Promulgation Date: | 02-04-2014 |
Details: | THE KHYBER PAKHTUNKHWA SURRENDER OF ILLICIT ARMS ACT, 2014. (KHYBER PAKHTUNKHWA ACT NO. XVII OF
2014) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Act not to derogate from other laws. 4. Surrender of illicit arms. 5. Surrender of arms, etc., by persons on
visit abroad. 6. Publicity for surrender of illicit
arms. 7. Punishments. 8. Indemnity. 9. Search for illicit arms, etc. 10. Reward for successful recovery. 11. Scrutiny of licences, etc. 12. Punishment for failure to present licence
for scrutiny. 13. Exemption. 14. Power to make rules. 15. Removal of difficulties. 16. Repeal and savings.
THE
KHYBER PAKHTUNKHWA SURRENDER OF ILLICIT
ARMS ACT, 2014. (KHYBER
PAKHTUNKHWA ACT NO. XVII OF 2014) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 2nd April,2014]. AN ACT to provide for
the surrender of illicit arms and improvement and control of the law and order situation, in the Province of the Khyber Pakhtunkhwa. Preamble.---WHEREAS it is
expedient in the public interest to provide for the surrender of illicit arms, improvement
and control of law and order situation, in the Province of the Khyber
Pakhtunkhwa and for matters connected therewith or incidental thereto; It
is hereby enacted as follows: 1. Short
title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Surrender of Illicit Arms Act, 2014. (2) It extends to the whole of the Province
of the Khyber Pakhtunkhwa. (3) It shall come into force at once. 2. Definitions.---(1) In this Act,
unless there is anything repugnant in the subject or context,- (a) “Government”
means the Government of the Khyber Pakhtunkhwa; (b) “illicit arms” includes- (i) cannon as defined in the Khyber
Pakhtunkhwa Arms Act, 2013 (Khyber Pakhtunkhwa Act No. XXIII of 2013),
excluding sub-machine guns and their silencers and revolvers or pistols of over
0.46 inches bore; (ii) all types of explosive substances as
defined in the Khyber Pakhtunkhwa Explosives Act, 2013 (Khyber Pakhtunkhwa Act
No. XXIV of 2013) and the Khyber Pakhtunkhwa Explosive Substances Act, 2013
(Khyber Pakhtunkhwa Act No. XXV of 2013), including mines of all types; (iii) all types of containers, grenades, bombs
and shells that discharge poisonous or noxious gases or other chemicals or
substances which cause damage to human body; (iv) fire-arms comprising automatic weapons
(other than machine guns) including sub-machine guns, automatic rifles and
machine pistols; and (v) rifles, carbines, muskets, short guns,
revolvers, pistols and appliances the object of which is the silencing of fire-arms
and all other fire-arms not included in sub-clause (iv), which are held
or possessed in contravention of the provisions of the Khyber Pakhtunkhwa Arms
Act, 2013, (Khyber Pakhtunkhwa Act No. XXIII of 2013), the Khyber Pakhtunkhwa
Explosives Act, 2013 (Khyber Pakhtunkhwa Act No. XXIV of 2013), the Khyber
Pakhtunkhwa Explosive Substances Act, 2013,
(Khyber Pakhtunkhwa Act No. XXV of 2013), or any other law for the time
being in force; (c) “prescribed” means prescribed by rules; (d) “Province” means the Province of the
Khyber (e) “rules” means rules made under this Act. (2) Government may, by notification in the
official Gazette, declare any article, substance, arms, ammunition or military
stores not specified hereinbefore which is held or possessed in contravention
of any law as illicit arms ammunition or explosives for the purpose of this
Act. 3. Act
not to derogate from other laws.---The provisions of this Act shall be in
addition to, and not in derogation of, any other law for the time being in
force, and nothing contained herein shall exempt any person from any
proceedings which may be instituted against him under such law. 4. Surrender
of illicit arms.---(1)
All persons in possession or control of any illicit arms shall surrender such
arms within such time as is notified by the Government to the Deputy
Commissioner, Additional Deputy Commissioner, Assistant Commissioner,
Additional Assistant Commissioner or officer-in-charge of a police station
within whose Jurisdiction such persons ordinarily reside or to such other
authority as may be specified by the Government by notification in the official
Gazette. (2)
The authority receiving any illicit arms shall issue a receipt for the same. 5. Surrender
of arms, etc., by persons on visit abroad.---A person on alawful visit
abroad at the commencement of this Act shall, within the time notified under
section 4, of his return to the Province, through an authorized route or port
of entry, surrender and deposit all illicit arms in his possession or control
to one of the authorities specified in section 4. 6. Publicity
for surrender of illicit arms.---(1) Government shall give wide publicity
to the provisions of this Act on the media, including television, radio,
national and regional press, in Urdu, English and regional languages or by any
other mode as may be prescribed. (2) There shall be publicly displayed a
count-down of every expired day of the period allowed for surrender of illicit
arms under this Act and the number of days left for such surrender. 7. Punishments.---(1) Whoever,
contravenes the provisions of section 4 or section 5 shall,- (a) in respect of illicit arms defined in
sub-clauses (i) to (iii) of clause (b) of sub-section (1), of section 2, be
punished with imprisonment for life and forfeiture of property, both movable
and immovable; (b) in respect of illicit arms defined in
sub-clause (iv) of clause (b) of sub-section (1) of section 2, be punished with
imprisonment for life or with imprisonment for a term which shall not be less
than ten years having regard to the antecedents of the accused; and (c) in respect of illicit arms defined in
sub-clause (v) of clause (b) of sub-section (1) of section 2, be punished with
imprisonment for a term which may extend to fourteen years but shall not be
less than three years, having regard to the antecedents of the accused. (2) Any illicit arms in respect of which a
person is convicted and sentenced under sub-section (1) shall stand forfeited
to the Government. (3) Any conveyance used for the
transportation of any illicit arms shall also be liable to confiscation. Explanation.---In
this section, “conveyance” includes a vessel, aircraft, vehicle or animal. 8. Indemnity.---A person
surrendering or depositing illicit arms under section 4 or section 5 shall
stand indemnified against any legal or penal action for having previously
possessed such illicit arms: Provided
that any person who had committed any offence with such arms shall not be
exempted from criminal liability for any such offence. 9. Search
for illicit arms, etc.---(1) On the expiry of the period for surrender of
illicit arms allowed under section 4, a campaign for the recovery of illicit
arms shall be launched in a coordinated manner by the Government and all other
agencies of the State which may be called upon, shall act in aid of the
Government. (2) Search for illicit arms, ammunition or
explosives shall be carried out, as nearly as may be, in accordance with
Chapter-V of the Code of Criminal Procedure, 1898 (Act V of 1898): Provided
that, where in case of an extreme urgency a departure from the provisions of
the Code is made, the District Superintendent of Police or any other officer
authorizing the search shall record reasons for such departure. 10. Reward
for successful recovery.---Any person providing information for successful
recovery of illicit arms may, in the prescribed manner, be appropriately
rewarded by the Government to whom such information is provided, keeping in
view the number of illicit arms recovered on the basis of such information. 11. Scrutiny
of licences, etc.---(1)
Whenever the Government deems fit, it may, notwithstanding anything contained
in the Khyber Pakhtunkhwa Arms Act, 2013 (Khyber Pakhtunkhwa Act No. XXIII of
2013), the Khyber Pakhtunkhwa Explosive Act, 2013 (Khyber Pakhtunkhwa Act No.
XXIV of 2013), the Explosives Substances Act, 2013 (Khyber Pakhtunkhwa Act No.
XXV of 2013), or any other law, for the time being in force, by notification in
the official Gazette, direct every person possessing or keeping in his control
any arms, ammunition or explosives under any licence issued by any authority
appointed under any law for the time being in force, to present such licence to
the authority specified in the notification, by the Government, for scrutiny. (2) Where, on scrutiny of a licence, the
authority referred to in, sub-section (1) is satisfied that it was not in the
public interest or conducive for maintenance of law and order or the public
peace to allow retention of the licence or any arms, ammunition or explosives,
it may, after providing an opportunity of being heard, cancel the licence
issued to a person to possess or keep any arms, ammunition or explosives. (3) Where a licence is cancelled under
sub-section (2), the person possessing or keeping any arms, ammunition or
explosives shall deposit such arms, ammunition or explosives with the authority
specified by the Government. 12. Punishment
for failure to present licence for scrutiny.---Whoever fails to
present his licence for possessing or keeping any arms, ammunition or
explosives as required under section 11 shall be punished with imprisonment
which may extend to ten years but shall not be less than three years and
confiscation of such arms, ammunition or explosives. 13. Exemption.---Nothing
contained in this Act shall apply to a person who is exempted by virtue of the
provisions of the Khyber Pakhtunkhwa Arms Act, 2013 (Khyber Pakhtunkhwa Act No.
XXIII of 2013), and the rules, made thereunder from holding a licence for
possessing any arms and ammunition, including those of prohibited bore, by
virtue of his office or otherwise. 14. Power
to make rules.---The
Government may make rules for carrying out the purposes of this Act. 15. Removal
of difficulties.---If
any difficulty arises in giving effect to any provision of this Act, the
Government may make such order or direction, not inconsistent with the
provisions of this Act, as may appear to it to be necessary for the purpose of
removing such difficulty. 16. Repeal and savings.---(1) The Surrender of Illicit Arms Act, 1991 (Act
No. XXI of 1991), to the extent of the Province of the Khyber Pakhtunkhwa is
hereby repealed.
(2) Notwithstanding
the aforesaid repeal, anything done, action taken, rules made, and notification
or order issued under the aforesaid Act, shall, so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done; taken, made or issued,
under this Act, and shall have effect accordingly. |