Section 54 in The Air (Prevention and Control of Pollution) Act, 1981

Title: Power of State Government to make rules.

Description: (1) Subject to the provisions of sub-section (3), the State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act in respect of matter not falling within the purview of section 53. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— 1[(a) the qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control required for appointment as member-secretary of a State Board constituted under the Act;] 2[(aa)] the terms and conditions of service of the Chairman and other members (other than the member-secretary) of the State Board constituted under this Act under sub-section (7) of section 7; (b) the intervals and the time and place at which meetings of the State Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; (c) the fees and allowances to be paid to the members of a committee of the State Board, not being members of the Board under sub-section (3) of section 11; (d) the manner in which and the purpose for which persons may be associated with the State Board under sub-section (1) of section 12; (e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the State Board under sub-section (1) of section 12; (f) the terms and conditions of service of the member-secretary of a State Board constituted under this Act under sub-section (1) of section 14; (g) the powers and duties to be exercised and discharged by the member-secretary of a State Board under sub-section (2) of section 14; (h) the conditions subject to which a State Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under sub-section (3) of section 14; (i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) of section 14; (j) the functions to be performed by the State Board under clause (i) of sub-section (1) of section 17; (k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) of section 19; (l) the form of application for the consent of the State Board, the fees payable therefore the period within which such application shall be made and the particulars it may contain, under sub-section (2) of section 21; (m) the procedure to be followed in respect of an inquiry under sub-section (3) of section 21; (n) the authorities or agencies to whom information under sub-section (1) of section 23 shall be furnished; (o) the manner in which samples of air or emission may be taken under sub-section (1) of section 26; (p) the form of the notice referred to in sub-section (3) of section 26; (q) the form of the report of the State Board analyst under sub-section (1) of section 27; (r) the form of the report of the Government analyst under sub-section (3) of section 27; (s) the functions of the State Air Laboratory, the procedure for the submission to the said Laboratory of samples of air or emission for analysis or tests, the form of Laboratory’s report thereon, the fees payable in respect of such report and other matters as may be necessary or expedient to enable that Laboratory to carry out its functions, under sub-section (2) of section 28; (t) the qualifications required for Government analysts under sub-section (1) of section 29; (u) the qualification required for State Board analysts under sub-section (2) of section 29; (v) the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to be followed by the Appellate Authority in disposing of the appeals under sub-section (3) of section 31; 3[(w) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 34; (ww) the form in which the annual report of the State Board may be prepared under section 35;] (x) the form in which the accounts of the State Board may be maintained under the sub-section (1) of section 36; 4[(xx) the manner in which notice of intention to make a complaint shall be given under section 43;] (y) the particulars which the register maintained under section 51 may contain; (z) any other matter which has to be, or may be, prescribed. (3) After the first constitution of the State Board, no rule with respect to any of the matters referred to in sub-section (2) [other than those referred to 5[[in clause (aa)]] thereof], shall be made, varied, amended or repealed without consulting that Board. 1 Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 2 Clause (a) renumbered as clause (aa) thereof by s. 24, ibid. (w.e.f. 1-4-1988). 3 Subs. by Act 47 of 1987, s. 24, for clause (w) (w.e.f. 1-4-1988). 4 Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 5 Subs. by s. 24,ibid.,for "in clause (a)" (w.e.f. 1-4-1988).

Title: Short title, extent and commencement.

Description: (1) This Act may be called the Arms Act, 1959. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 1st October, 1962, vide notification No. G.S.R. 992, dated 13th July, 1962, see Gazette of India, Extraordinary, Part II, sec. 3(i)

Title: Definitions and interpretation.

Description: (1) In this Act, unless the context otherwise requires,-- (a) "acquisition", with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift; (b) "ammunition" means ammunition for any firearm, and includes--- (i) rockets, bombs, grenades, shells 1[and other missiles,]. (ii) articles designed for torpedo service and submarine mining, (iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not, (iv) charges for firearms and accessories for such charges, (v) fuses and friction tubes, (vi) parts of, and machinery for manufacturing, ammunition, and (vii) such ingredients of ammunition as the Central Government may, by notification in the Official Gazette, specify in this behalf; (c) "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons; 2[(d) "district magistrate", in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or part;] (e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes— (i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing, (ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof, (iii) parts of, and machinery for manufacturing, firearms, and (iv) carriages, platforms and appliances for mounting, transporting and serving artillery; 3[(ea) "licence" means a licence issued in accordance with the provisions of this Act and rules made there under and includes a licence issued in the electronic form;] (f) "licensing authority" means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government; 4[(ff) "magistrate" means an Executive Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974);] (g) "prescribed" means prescribed by rules made under this Act; (h) "prohibited ammunition" means any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, 5[missiles,] articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition; (i) "prohibited arms" means— (i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty, or (ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms; (j) "public servant" has the same meaning as in section 21 of the Indian Penal Code (45 of 1860); (k) "transfer", with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession. (2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing. (3) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. (4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette. 1. Subs. by Act 42 of 1988, s. 2, for "and other like missiles" (w.e.f. 27-5-1988). 2. Subs. by Act 55 of 1971, s. 2, for clause (d) (w.e.f. 13-12-1971). 3. Ins. by Act 48 of 2019, s. 2 (w.e.f. 14-12-2019). 4. Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983). 5. Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988).

Title: Licence for acquisition and possession of firearms and ammunition.

Description: 1[(1)] No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. 2[(2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than 3[two firearm]: Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983 (25 of 1983), may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section. 4[Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year: Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.] (3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice. (4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.] 1. Section 3 re-numbered as sub-section (1) thereof by Act 25 of 1983, s. 3 (w.e.f. 22-6-1983). 2. Ins. by s. 3, ibid. (w.e.f. 22-6-1983). 3. Subs. by Act 48 of 2019, s. 3, for "three firearms" (w.e.f. 14-12-2019). 4. Ins. by s. 3, ibid. (w.e.f. 14-12-2019).

Title: Licence for acquisition and possession of arms of specified description in certain cases.

Description: If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.