Updated: Monday September 27, 2021/AlEthnien Safar 20, 1443/Somavara Asvina 05, 1943, at 05:49:12 AM
The
(W.P.
Ord. XX of 1965)
C O N T E N T S
Sections
CHAPTER
I
PRELIMINARY
1. Short
title, extent and commencement.
2. Exception.
3. Definitions.
CHAPTER
II
4. Unlicensed
sale and repair prohibited.
CHAPTER
III
TRANSPORT
5. Power
to Prohibit transport.
6. Power
to establish searching posts.
7. Arrest
of persons conveying arms, etc., under suspicious circumstances.
CHAPTER
IV
GOING
ARMED AND
POSSESSING ARMS, ETC.
8. Prohibition
of going armed without licence.
9. Unlicensed
possession of arms, etc.
10. In
certain cases arms to be deposited at police station or with licenced dealers.
CHAPTER
V
LICENCES
11. Power
to make rules as to licences.
11-A. Power
of the Federal Government.
11-B. Prohibition
of keeping, carrying, or displaying arms.
12. Cancellation
and suspension of licences.
CHAPTER
VI
PENALTIES
13. Penalty
for breach of sections 4, 5, 8 to 11.
14. Certain
breaches of sections 4, 5, 9 and 21.
14-A. Certain
offences triable by magistrates.
15. Breach
of licence.
16. Knowingly
purchasing arms, etc., from unlicensed persons.
17. Penalty
for breach of rules.
18. Penalty
for failure to give information under section 23.
19. Penalty
for refusing or neglecting to produce arms.
20. Power
to confiscate.
CHAPTER
VII
MISCELLANEOUS
21. Search
and seizure by magistrate.
22. Seizure
and detention by Government.
23. Information
be given regarding offences.
24. Searches
in the case of offences how conducted.
25. Operation
of other laws not barred.
26. Power
to take census of arms.
27. Power
to exempt.
28. Notice
and limitation of proceedings.
29. Repeal.
[1][1]The [2][2][
(W.P. Ordinance XX of 1965)
[8 June 1965]
An Ordinance to consolidate and amend the law relating to
the sale, transport, bearing or possession of arms, ammunition or military
stores
Preamble.— WHEREAS it is expedient to consolidate the
law relating to the sale, transport, bearing or possession of arms, ammunition
or military stores, in the manner hereinafter appearing;
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 (I) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:---
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the [3][3][
(2) It extends to the whole of [4][4][
(3) It shall come into force at once.
2. Exception.— Nothing contained in this Ordinance shall
apply to,---
(a) arms, ammunition or
military stores on board any sea-going vessel and forming part of her ordinary
armament or equipment; or
(b) the sale, transport,
bearing or possession of arms, ammunition or military stores by order of the [5][5][Federal 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 [6][6][Federal Government] or a Provincial Government, in the
course of his duty as such public servant or member.
3. Definitions.— (1) In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say,---
(a) “ammunition” includes,---
(i) ammunition of all types
for light and heavy automatic weapons, revolvers, pistols, rifles, carbines,
muskets and shotguns;
(ii) ammunition constructed
and modified for firing projectiles or gas or smoke containers;
(iii) gun wads, gun flints,
percussion-caps, fuses, friction tubes and detonators;
(iv) all types of grenades,
bombs, rockets, mines and fuels for flame throwers;
(v) all types of explosives,
fulminating material and propellants, including all articles specially designed
for torpedo operation and charges;
(vi) all parts of ammunition,
but does not include lead, sulphur or
saltpeter;
(b) “arms” includes,---
(i) cannon;
(ii) firearms
of all types, such as light and heavy automatic and semi-automatic weapons,
rifles, carbines, muskets, shotguns (whether single or double barrelled),
revolvers, pistols and appliances the object of which is the silencing of fire
arms;
[7][7][(iii) air pistols, bayonets, swords, sword-sticks,
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 blade;]
(iv) knuckle-dusters,
spears, spear-heads, bows and arrows and parts of arms;
(c) “cannon” includes,---
(i) all types of artillery,
mortars, machine and sub-machine guns;
(ii) silencers for all
machines and sub-machine guns;
(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;
(vii) flame throwers of all
types;
(viii) all carriages,
platforms and appliances for mounting or transporting cannon; and
(ix) parts of cannon;
[8][8][(d) “Government” means the “Federal Government”
for the whole of
[9][9][(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 or other
device;]
(e) “licence” means a licence
granted under this Ordinance;
(f) “military stores” means
any stores which the [10][10][Federal Government] may, by notification in
the official Gazette, declare to be military stores;
(g) “rules” mean rules made
under this Ordinance.
(2) Government
may, by notification in the official Gazette, declare any article or substance
not specified in clause (a) 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
4. Unlicensed sale and repair prohibited.— (1) No person shall sell, or keep, offer or
expose for sale, any arms, ammunition, or military stores, or undertake 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 lawfully 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 incharge of the nearest police
station, notice of the sale and of the purchaser’s name and address.
CHAPTER
III
TRANSPORT
5. Power to Prohibit transport.— 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 trans-shipped at a port in the Province are transported within
the meaning of this section.
6. Power to
establish searching posts.— 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 stores by any officer
empowered by Government in this behalf by name or in virtue of his office.
7. Arrest of persons conveying arms, etc.,
under suspicious circumstances.— (1) When any person is found carrying or conveying any arms,
ammunition or military stores, whether covered by a licence or not, in such
manner or under such circumstances as to afford just grounds of suspicion that
the same are being carried or conveyed by him with intent to use them, or that
the same may be used for any unlawful purpose, any person may without warrant
apprehend him and take such arms, ammunition or military stores from him.
(2) Any person so apprehended, and any arms
ammunition or military stores so taken by a person not being a magistrate or a
police officer, shall be delivered over as soon as possible to a police
officer.
(3) All persons apprehended by, or delivered
to, a police officer and all arms, ammunition and military stores seized by or
delivered to any such officer under this section shall be taken without
unnecessary delay before a magistrate.
CHAPTER
IV
GOING
ARMED AND POSSESSING ARMS, ETC.
8. Prohibition of going armed without
licence.— (1) No person
shall go armed with any arms except under a licence and to the extent and in
the manner permitted thereby.
(2) Any person so going armed without a licence
or in contravention of its provision may be disarmed by any magistrate, police
officer or other person empowered by Government in this behalf by name or by
virtue of his office.
(3) Nothing
in sub-section (1) and (2) shall apply to a person carrying arms under a
written authority issued in accordance with the rules.
9. Unlicensed possession of arms, etc.— 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.
10. In certain cases arms to be deposited at
police station or with licensed dealers.— (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 licencee 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 prescribe, with a licensed dealer:---
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 heir, shall, at any time before the expiry of such period as
Government may by rules prescribe, be entitled:---
(a) to receive back anything so deposited the
possession of which by him or his legal heirs has become lawful; and
(b) to dispose, or authorise the disposal of
anything so deposited by sale or otherwise to any person whose possession of
the same would be lawful, and to receive the proceeds of any such sale:---
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 [11][11][20].
(3) All things deposited under sub-section
(1) and not returned or disposed of under sub-section (2) within the prescribed
period therein referred to, shall be forfeited to Government.
(4) (a) Government may make rules consistent
with this Ordinance for carrying into effect the provisions of this section.
(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).
CHAPTER
V
LICENCES
11. Power to make rules as to licences.— Government may, from time to time, by
notification in the official Gazette, make rules to determine the officers by
whom, the form in which, and the terms and conditions on and subject to which
any licence shall be granted, or renewed, and may by such rules among other
matters,---
(a) fix the period for which such licences shall
continue in force;
(b) fix a fee payable by stamp or otherwise in
respect of any such licence;
(c) [12][12][* * * * *
* * * * * * *];
(d) direct that the holder of any such licence
shall keep a record or account, in such form as Government may prescribe, of
anything done under such licence, and exhibit such record or account when called
upon to do so by an officer of Government authorized in this behalf;
(e) empower any officer of Government to enter and
inspect any premises in which arms, ammunition or military stores are kept by
any person holding a licence of the description referred to in section 4;
(f) direct
that any such person shall exhibit the entire stock of arms, ammunition and
military stores in his possession or under his control to any officer of
Government so empowered; and
(g) require
the person holding any licence or acting under any licence to produce the same
and to produce or account for the arms, ammunition or military stores covered
by the same when called upon to do so by an officer of Government so empowered.
[13][13][11-A. Power of the Federal Government.— (1) 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.
(2) No licence for the arms and ammunition
notified under sub-section (1) shall be issued except by the Federal
Government.
(3) The
Federal Government shall have the power to issue licences for non-prohibited
bore weapons valid for the whole or any part of
(4) The Provincial Government shall have the
power to issue licences for non-prohibited weapons only which power shall be
exercised by the said Government subject to section 11.]
[14][14][11-B. Prohibition of keeping, carrying, or
displaying arms.— (1) The
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 arms in contravention of an order issued under sub-section (1)
may be disarmed by the magistrate, police officer or other person empowered by
Government in this behalf.]
12. Cancellation and suspension of licences.— (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 of 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
(b) by any Judge or magistrate before whom the
holder 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 or suspension under clause (a)
of sub-section (I) 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.
CHAPTER
VI
PENALTIES
13. Penalty for breach of sections 4, 5, 8 to
11.— Whoever commits any of
the following offences, namely:---
(a) sells,
or keeps, offers or exposes for sale, any arms, ammunition or military stores,
or undertakes the repairs of any arms in contravention of the provisions of
section 4;
(b) fails
to give notice of the sale of arms and ammunition and of the purchaser’s name
and address as required by section 4;
(c) transports any arms,
ammunition or military stores in contravention of a regulation or prohibition
issued under section 5;
(d) goes
armed in contravention of the provisions of section 8;
(e) has
in his possession or under his control any arms, ammunition or military stores
in contravention of the provisions of section 9;
(f) fails
to deposit arms, ammunition or military stores as required by section 10;
(g) intentionally
makes any false entry in a record or account which by a rule made under clause
(d) of section 11 he is required to
keep; [15][15][*]
(h) intentionally
fails to exhibit anything which by a rule made under clause (f) of section 11 he is required to
exhibit; [16][16][or]
[17][17][(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 [18][18][seven years], or with fine, or with both:
[19][19][Provided that 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 .410 bore or over or pistol or revolver of .441 bore or
over, or ammunition which can be fired from such weapon, rifle, musket, pistol
or revolver,
shall be punished with imprisonment for a
term which is not less than three years.]
14. Certain breaches of sections 4, 5, 9 and
21.— Whoever,---
(a) [20][20][* * * * *
* * * * * * *]
(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:
[21][21][Provided that 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 fired from such weapon, rifle, musket, pistol
or revolver,
shall be punished with imprisonment for a
term which is not less than two years.]
[22][22][14-A. Certain offences triable by magistrates.— (1) Notwithstanding anything contained in
the Code of Criminal Procedure, 1898 (Act V of 1898), an offence, punishable
under section 13 or section 14 shall, unless it has been committed in respect
of any of the arms, ammunition or military stores referred to in the proviso to
the said section 13, be triable by a magistrate of the first class.
(2) All cases relating to offences triable
by a magistrate of the first class under sub-section (1) and pending in a Court
of Sessions immediately before the commencement[23][23] 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.]
15. Breach of licence.— Whoever, in violation of a condition subject
to which a licence has been granted, does or omits to do any act shall, when
the doing or omitting to do such act is not punishable under section 13 or
section 14, be punished with fine which may extend to five hundred rupees.
16. Knowingly purchasing arms, etc., from
unlicensed persons.—
Whoever,---
(a) knowingly purchases any arms, ammunition or
military stores from any person not licensed or authorised under sub-section
(2) of section 4 to sell the same; or
(b) delivers any arms, ammunition or military
stores into 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:---
[24][24][Provided that 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 fired from such weapon, rifle, musket, pistol
or revolver,
shall be punished with imprisonment for a
term which is not less than one year.]
17. Penalty for breach of rules.— 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.
18. Penalty for failure to give information under
section 23.— 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.
19. Penalty for refusing or neglecting to
produce arms.— 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.
20. Power to confiscate.— 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 or container shall be confiscated:---
Provided
that where such conviction is in respect of an 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
VII
MISCELLANEOUS
21. Search and seizure by magistrate.— Whenever any magistrate or an officer
incharge of a police-station has reason to believe that any person residing
within the local limits of his jurisdiction,---
(a) has in his possession any arms, ammunition or
military stores for any unlawful purpose; or
(b) that such person cannot be left in the
possession of any such arms, ammunition or military stores without danger to
the public peace;
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.
22. Seizure and detention by Government.— Government may at any time order or cause to
be seized any arms, ammunition or military stores in the possession of any
person, notwithstanding that such person is lawfully entitled to possess the
same, and may detain the same for such time as it thinks necessary for the
public safety.
23. Information be given regarding offences.— (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.
(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 an offence against this Ordinance has been or is
being committed.
24. Searches in the case of offences how
conducted.— When a search is
to be made for any of the purposes of this Ordinance, such search shall be made
under the provisions of the Code of Criminal Procedure, 1898 (V of 1898).
25. Operation of other laws not barred.— 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:---
Provided that no person shall be punished twice for the
same offence.
26. Power to take census of arms.— (1) Government may, from time to time, by
notification in the official Gazette, direct a census to be taken of any arms
in any area, and empower any person by name or in virtue of his office to take
such census.
(2) On the issue of any such notification,
all persons possessing any such arms in such area shall furnish to the person
so empowered such information as he may require in reference thereto, and shall
produce such arms to him if he so requires.
27. Power to
exempt.—
[25][25][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 withdraw any part of the Province from the operation of any
prohibition or direction contained in this Ordinance.
28. Notice and limitation of proceedings.— No suit, prosecution or other proceeding
shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Ordinance.
29. Repeal.— 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][1]This Ordinance was
promulgated by the Governor of West Pakistan on 8th June, 1965; approved by the
Provincial Assembly of West Pakistan on 10th July, 1965, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette (Extraordinary), dated 10th July, 1965,
pages 3673-84.
[2][2]Substituted by the West
Pakistan Arms (Amendment) Act, 1974 (XXXVIII of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Substituted ibid., for “Central Government”.
[6][6]Substituted by the
[7][7]Substituted by the
[8][8]Substituted by the
[9][9]Inserted by the
[10][10]Substituted by the
[11][11]Substituted by the West
Pakistan Arms (Amendment) Ordinance, 1969 (XI of 1969), for the figure “19”.
[12][12]Deleted by the
[13][13]Added by the
[14][14]Added by the
[15][15]The word
“or” deleted by the Pakistan Arms (Second Amendment) Act, 1976 (LXXX of 1976).
[16][16]Added ibid.
[17][17]Ibid.
[18][18]Substituted
by the West Pakistan Arms (Amendment) Act, 1973 (LII of 1973), for “three
years”.
[19][19]The
original proviso which was omitted by the West Pakistan Arms (Amendment) Act,
1967 (XI of 1967) was re-inserted by the West Pakistan Arms (Amendment) Act,
1973 (LII of 1973).
[20][20]Deleted by the
[21][21]Substituted by the
[22][22]Added by the
[23][23]It came into being w.e.f.
25th May, 1976.
[24][24]Substituted by the
[25][25]Substituted by the
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