Thursday, 18 March 2021

Section 17 of Arms Act - Variation, suspension and revocation of licenses-

 Section 17 Arms Act Description

(1) The licensing authority may very the conditions subject to which a license has been granted except such of them as have been prescribed and may for that purpose require the license holder by notice in writing to deliver-up the license to it within such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of a license, also vary the conditions of the license except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a license for such periods it thinks fit or revoke a license

(a) if the licensing authority is satisfied that the holder of the license is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a license under this Act; or

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the license; or

(c) if the license was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the license or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the license has been contravened; or

(e) if the holder of the license has failed to comply with a notice under sub-section (1) requiring him to deliver-up the license.

(4) The licensing authority may also revoke a license on the application of the holder thereof.

(5) Where the licensing authority makes an order varying a license under sub-section (1) or an order suspending or revoking a license under sub-section (3), it shall record in writing the reasons therefor and furnish tot he holder of the license on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend for revoke a license on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a license by such authority.

(7) A court conviction the holder of a license of any offence under this Act or the rules made thereunder may also suspend or revoke the license :

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.]

(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licenses granted under this Act throughout India or any part thereof.

(10) On the suspension or revocation of a license under this section the holder thereof shall without delay surrender the license to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.

No comments:

Post a Comment

Privity of Contract

 PRIVITY OF CONTRACT By: Robin Pandey Date: 04/03/2022 The doctrine of "privity of contract" means that a contract is cont...