THE WEST PAKISTAN ARMS ORDINANCE, 1965. (WEST PAKISTAN ORDINANCE No. XX of 1965). CONTENTS
CHAPTER—II Sale and Repair 4. Unlicensed sale and repair pronibited. CHAPTER—III Transport
CHAPTER—IV GOING ARMED AND POSSESSING ARMS, ETC.
10. In certain cases arms to be deposited at police station or with licensed dealers.
CHAPTER—VI PENALTIES Sections.
19. Penalty for refusing or neglecting to produce arms. 20. Power to confiscate.
THE 2[....] PARISIAN ARMS ORDINANCE, 1965. 1W.P. Ordinance No. XX of 1965, 8th June, 1965 AN ORDINANCE to consolidate and amend the law relating to the sale, transport, bearing or possession of arms, ammunition or military stores.
AND WHEREAS the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;. NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance :— CHAPTER—I Preliminary
Sort title, extent and commencement
(3) It shall come into force at once.
(a) arms, ammunition or military stores on board any sea-going vessel and forming part of her ordinary armament or equipment or
1. This Ordinance was approved by the West Pakistan Provincial Assembly under Article 79 (3) of the Constitution at its mention held on 19th Ju1y1965. see Gazelle of West Pakistan 1965, Extraordinary pages 3673—84. 2. The word "West", omitted by Act No. XXXVIII of 1974.
(b) the sale, transport, beating or possession of arms, ammunition or military stores by order of the 1Federal] Government; or a Provincial Government, as the case may be, or by a public servant or a member of any of the non-regular forces raised or maintained by or under the authority of the 1[Federal] Government or a Provincial Government, in the course of his duty as such public servant or member.
3. (1) In this Ordinance, unless the context other wise requires, the following expressions shall have the meanings hereby respectively assigned to them that is so say—
(a) "ammunition" includes— (i) ammunition of all types for light and heavy automatic weapons, revolvers, pistols, rifles, carbines, muskets and shot guns; (ii) ammunition constructed and modified for firing projectiles or gas or smoke containers; (iii) gun wads, gun flints, percussion-caps, fuses, friction tubes and detonations; (iv) all types of grenades, bombs, rockets mines and fuels for flams throwers; (v) all types of explosives, fulminating material and propollants, including all articles specially designed for tarpado operation and depth charges; (vi) all parts of ammunition, but does not include lead, suplier or salt-petre; (b) "arms" includes— (i) cannon; (ii) firearms of all types, such as light and heavy automatic and semi-automatic weapons, rifles, carbines, muskets, shot guns (whither single or double barrelled), revolvers, pistol and appliances the object of which is the silencing of fire arms; 2[(iii) air pistals, bayonets, swords, swordsticks, daggers, knives with blades of four inches or more (but not
kitchen knives or knives used in good faith for the carrying, on of a profession), and flick knives irrespective of the size of the blade." (iv) knuckle-dusters, spears, spear-heads, bows and arrows and pans of arms; (c) "cannor1" includes— (I) all types of artillery, mortars, machine and submachine gun; (II) for all machines and sub-machine gun; (III) anti-tank rifles and recoil-less guns or rifles and bazookas; (iv) revolvers or pistols over, 46 inches bore. (v) nuclear weapons of all types'; (vi) projectors, guided missiles, and dischargers for grenades, rockets, bombs and gas or smoke containers; (viii) all carriages, platforms and appliances for mounting or transporting cannon: and (ix) Parts of cannon; 2[(d) "Government" means the 3[Federal Government for the whole of Pakistan and the Provincial Government in the case of Province; 2[(dd) "Flick. Knife'" means a knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in, or attached to, the handle of the knife, and includes any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or by the application of centrifugal force and which, when released, is locked in place by means of a button, spring lever 01 other device;]
(g) "rules" means rules made under this Ordinance,. (2) Government may, by notification in the official Gazette, declare any article or substance not specified in clause (2) or clause (b) or clause (c) of sub-section (1), to be, as the case may be, ammunition arms or cannon for the purposes of this Ordinance and on the publication of such notification, such article or substance shall be deemed to be specified in the said clause (a) or clause (b) or clause(c), as may be notified. CHAPTER—II Sale and Repair
4. (1) No person shall sell, or keep, offer or expose for sale, any arms, ammunition, or military stores, or under take the repairs of any arms, except under a licence and in the manner and to the extent permitted thereby.
(2) Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfull possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same; but every person so selling arms or ammunition to any person shall, without unnecessary delay, give to the Magistrate of the District, or to the officer in charge of the nearest police station, notice of the sale and of the purchaser's name and address. CHAPTER—III Transport
5. Government may, from time to time, by notification in the official Gazette, regulate or prohibit the transport of any description of arms, ammunition or military stores over the whole of the Province or any part thereof either altogether or except under a licence and to the extent and in the manner permitted by such licence.
Explanation:—Arms, ammunition or military stores transshipped at a port in the Province are transported within the meaning of this section.
6. Government may, at any place along the boundary line between the Province and an Acceding State and at such distance within such line as it deems expedient, or at any place in the Province that it may deem proper establish searching posts at which any person, vessel, vehicle or any other type of transport or any type of package or container in transit, may be stopped and
searched for Arms, ammunition and military store by any officer empowered by Government in this behalf by name or in virtue of his office.
Arrest of person conveying arms etc, under suspicious circumstances.
CHAPTER-IV Going Armed and Possessing Arms, etc.
Prohibition of going armed with out license.
9. No person shall have in his possession or under his control any arms, or any ammunition or military stores, except under a licence and in the manner and to the extent permitted thereby.
Unlicensed possession of arms etc.
10. (1) Any person possessing arms, ammunition or military stores the possession whereof, has, in consequence of the cancellation or expiry of a licence or of an exemption or the death of the licence or otherwise, become unlawful, shall without unnecessary delay deposit the same either with the officer incharge of the nearest police station or, at his option and subject to such conditions as Government may by rule prescribed, with a licensed dealer:
In certain cases arms to be deposited at police station or with license dealers.
Provided that where, within one month of the expiry of a licence an application for its renewal has been made by registered post or by hand, the retention by the holder of such licence of the arms, ammunition or military stores covered by the licence shall be deemed to be lawful until such time as the licence has been renewed or its renewal refused. (2) When arms, ammunition or military stores have been deposited under sub-section (1), the depositor, or in the case of his demise his legal heirs, shall, at any time before the expiry of such period as Government may by rules prescribed, be entitled—
Provided that nothing in this sub-section shall be deemed to authorise the return or disposal of anything the confiscation of which has been directed under section 1[20.]
(b) In particular and without prejudice to the generality of the foregoing provision Government, may by rules prescribe— (i) the conditions subject to which arms, ammunition or military stores may be deposited with a licensed dealer, and (ii) the period after the expiry of which things deposited as aforesaid shall be forfeited under sub-section (3).
1. In .section 10. in subjection (2) in the proviso at the end the figures (19t. the figure (20) substituted by W. P. Ord. No. XI of l969, s.3:
Power to make rules as to license.
1[(c) . . . . . . . ]
1[11-A. Power of the Federal Government.—(I) The Federal Government may, by notification in the official Gazette specify the description, calibre or bore of arms and ammunition which are to be prohibited bores for the purpose of this Ordinance.
1. In section-1,, clause (c) omitted by Act No. XXXVIII of 1974. 1. After section 11, new section 11-A inserted by Act No. XXXVIII of 1974.
1[l 1-B. Prohibition of keeping, carrying or displaying arms— Federal Government may, and if so directed by the Federal Government the Provincial Government shall, by general or special order, prohibit the keeping, carrying or display of arms at such places or times or on such occasions as may be specified in the order. (2) In particular, and without prejudice to the generality of sub-section (1), an order issued thereunder may prohibit— (a) the keeping of arms within the premises of educational institutions and the premises of the hostels or boarding and lodging houses relating or affiliated thereto; and (b) the carrying or display of arms at fairs or in gatherings or processions of a political, religious, ceremonial or sectarian character or in the premises of courts of law or public offices. (3) Any person keeping, carrying or displaying any arm is contravention of an order issued under sub-section (1) may be disarmed by any Magistrate, Police Officer or other person empowered by Government in this behalf.]
12. (1) Any licence may be cancelled or suspended—(a) by the officer by whom the same was granted or by any authority to which he may be subordinate, or any District Magistrate within the local limits or whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing; and after giving the holder of the licence an opportunity of showing cause against the proposed cancellation or suspension, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or
1. Section -11 -B, Ins by Act XXX of 1976.
(b) by any Judge or Magistrate before whom the holders of such licence is convicted of an offence against this Ordinance or against the rules and Government may, by a notification in the official Gazette, cancel or suspend all or any licences throughout the Province or any part thereof. (2) An appeal against an order of cancellation of suspension under clause (a) of sub-section (1) may be made by the person whose licence has been cancelled or suspended to the immediate official superior to the authority making the order, within sixty days of the receipt by him of a copy of the order where appeal lies to Government, and where appeal lies to any other authority, within thirty days of the receipt by him of a copy of the order.
Penalty for breach of sectors 5,8 to 11
(f) fails to deposit arms, ammunition or military stores as required by section 10; (g) intentionally makes any false entry in a record or ac-count which by a rule made under clause (d) of section II he is required to keep; 1[..]
(h) intentionally fails to exhibit anything which by a rule made under clause (f) of section II he is required to exhibibit; 1[or] 2[(i) keeps, carries or displays any arms in contravention of an order issued under section 11-B;] shall be punished with imprisonment for a term which may extend to 3[seven] years, 01 with fine, or with both; 4[Provided that the punishment for an offence committed in respect of any—
14. Whoever 5[(a) . . . . . ] (b) on any search being made under section 21, conceals or attempts to conceal any arms, ammunition or military stores, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both;. 6[Provided that the punishment for an offence committed in respect of any—
shall be imprisonment for a term which is not less than two years.]
Subs, by Ord. No. XXXI and act No LXXX of 1976.
1[14-A. Certain offences by Magistrates.—(1) Notwithstanding any thing contained in the Code of Criminal Procedure, 1898 (Act V 1898}., an offence punishable under section 13 or section 14 shall, unless it has been committed in respect of any of the ammunition or military stores referred to in the proviso to the said section. 13, be tribal by Magistrate of the first class. (2) All cases relating to offences tribal by a Magistrate of the first class under sub-section (1) and pending in a Court of Session immediately before the commencement of the Pakistan. Arms (Amendment) Ordinance, 1976 (XXI of 1976), in which the charge had not been framed shall, on such commencement, stand transferred to the Court of the Magistrate of the first class having jurisdiction over such cases].
Breach of license.
16. Whoever(a) knowingly purchases any arms, ammunition or military store from any person not licensed or authorised under sub-section (2) of section 4 to sell the same; or
Knowingly purchasing arms, etc .from unlicensed persons.
(b) delivers any arms ammunition or military stores in to the possession of any person without previously ascertaining that such person is legally authorised to possess the same, shall be punished with imprisonment for a term which may extend to three years or with fine, or with both: 2[Provided] hat the punishment for an offence committed in respect of any— (a) cannon, grenade, bomb or rocket; or (b) light or heavy automatic weapon, rifle of 303 bore or over, musket of 410 bore or over or pistol or revolver of 441 bore or over, or ammunition which can be fixed from such weapon rifle musket, pistol or revolver shall be imprisonment for a term which is not less than one year],
Penalty fro breach of rules.
17. Any person violating any provision of any rule made under this Ordinance for the violation of which no penalty is provided by this Ordinance, shall be punished with fine which may extend to two hundred rupees.
Penalty for failure to give information under section 23.
18. Any person who in the absence of reasonable excuse, the burden of proving which shall lie upon such person, fails to give information to the nearest Police Officer or Magistrate in respect of any offence under sub-section (1) or sub-section (2) of section 23 of which he becomes aware or which he has reason to suspect, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 500 or with both.
Penalty for refusing or neglecting to produce arms.
19. Any person refusing or neglecting to produce any arms when so required under section 26 shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.
Power to confiscate.
20. When any person is convicted of any offence punishable under this Ordinance, committed by him in respect of any arms, ammunition or military stores it shall be in the discretion of the committing Court or Magistrate further to direct that the whole or any portion of such arms, ammunition or military stores, and any vessel, vehicle or any other type of transport used to convey the same and any type of package or container in which the same may have been concealed, together with the other contents of such package of container shall be confiscated.
Provided that where such conviction is in respect of aa. offence punishable under this Ordinance with imprisonment for not less than twelve months, the Court or the Magistrate convicting such person shall direct that the whole or any portion of such arms, ammunition or military stores shall be confiscated.CHAPTER— V" MISCELLANEOUS.
21. Whenever any Magistrate or any officer in charge of a police station has reason to believe that any person residing within the local limits of his jurisdiction.
such Magistrate or such Police Officer having first recorded the grounds of his belief, may cause a search to be made of the house or premises occupied by such person or in which such Magistrate or such Police Officer has reason to believe such arms, ammunition or military stores are or is to be found, and may seize and detain the same although covered by licence or exemption, in safe custody for such time as he thinks necessary.
Seizure and detention by Government.
23. (1) Every person aware of the commission of any offence punishable under this Ordinance shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information of the same to the nearest Police Officer or Magistrate.
Information be given regarding offences.
(2) Every person employed upon any Railway or by any public carrier shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information to the nearest Police Officer or Magistrate regarding any package or container in transit which he may have reason to suspect contains arms, ammunition or military stores in respect of which any offence against this Ordinance has been or is being committed.
Searches in the case of offences how conducted.
25. Nothing in this Ordinance shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Ordinance or the rules or from being liable under such other law to any higher punishment or penalty than that provided by this Ordinance:
Operation of other laws not barred.
Provided that no person shall be punished twice for the same offence.
Power to take census of arms.
(2) On the issue of any such notification, persons Possessing any such arms in such area shall furnish to the persons so empowered such information as he may require in reference thereto, and shall produce such arms to him if he so requires.
Power to exempt
27. 1[Federal) Government may, from time to time, by notification in the official Gazette, or in exceptional circumstances by a written order, exempt any person by name or in virtue of his office, or any class of persons, or exclude any description of arms, ammunition or military stores, or with draw any part of the Province from the operation of any prohibition or direction contained in this Ordinance.
Notice and limitation of proceedings
28. No suit, prosecution or other proceeding shall belie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance.
29. The Arms Act 1878 (XI of 1878), as in force in the Province of West Pakistan, together with all enactments amending or modifying the same, except the provisions thereof relating to manufacture (including conversion), export or import of arms, ammunition and military stores, is hereby repealed.
1. In section 27 before the word Government" the word "Federal" added by Act XXXVIII of 1974.