Section 40 in The Arms Act, 1959

Title: Protection of action taken in good faith.

Description: No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Title: Power to exempt.

Description: Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-- (a) 1[exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or withdraw any part of India, from the operation of all or any of the provisions of this Act; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons or the description of arms and ammunition or the part of India to the operation of such provisions. 1. Subs. by s. 15, ibid.,for “exempt any person or class of persons” (w.e.f. 22-6-1983).

Title: Power to take census of firearms.

Description: (1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census. (2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.

Title: Power to delegate.

Description: (1) The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under section 41 or the power under section 44 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by― (a) such officer or authority subordinate to the Central Government, or (b) such State Government or such officer or authority subordinate to the State Government, as may be specified in the notification. (2) Any rules made by the Central Government under this Act may confer powers or impose duties or authorise the conferring of powers or imposition of duties upon any State Government or any officer or authority subordinate thereto.

Title: Power to make rules.

Description: (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (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:-- (a) the appointment, jurisdiction, control and functions of licensing authorities 1[including the areas and the categories of arms and ammunition for which they may grant licences]; (b) the form and particulars of application for the grant or renewal of a licence and where the application is for the renewal of a licence, the time within which it shall be made; (c) the form in which and the conditions subject to which any licence may be granted or refused, renewed, varied, suspended or revoked; (d) where no period has been specified in this Act, the period for which any licence shall continue to be in force; (e) the fees payable in respect of any application for the grant or renewal of a licence and in respect of any licence granted or renewed and the manner of paying the same; (f) the manner in which the maker’s name, the manufacturer’s number or other identification mark of a 2[ firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing]; 3[Explanation.--For the purposes of this clause, "tracing" means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking;] (g) the procedure for the test or proof of any firearms; (h) the firearms that may be used in the course of training, the age-limits of persons who may use them and the conditions for their use by such persons; (i) the authority to whom appeals may be preferred under section 18, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the refund of such fees; (j) the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or section 4, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of Government empowered in this behalf; (k) the entry and inspection by any police officer or by any officer of Government empowered in this behalf of any premises or other place in which arms or ammunition are or is manufactured or in which arms or ammunition are or is kept by a manufacturer of or dealer in such arms or ammunition and the exhibition of the same to such officer; (l) the conditions subject to which arms or ammunition may be deposited with a licensed dealer or in a unit armoury as required by sub-section (1) of section 21 and the period on the expiry of which the things so deposited may be forfeited; (m) any other matter which is to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in 4[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possessed by that or any other person. 1. Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983). 2. Subs. by Act 48 of 2019, s. 11, for "firearm shall be stamped or otherwise shown thereon" (w.e.f. 14-12-2019). 3. Ins. by s. 11, vide (w.e.f. 14-12-2019). 4. Subs. by Act 25 of 1983, s. 16, for certain words (w.e.f. 22-6-1983).