Updated: Wednesday April 04, 2018/AlArbia'a
Rajab 19, 1439/Budhavara
Chaitra 14, 1940, at 07:17:09 AM
The
Rules No. 22 of 2017
GOVERNMENT OF THE
HOME DEPARTMENT
30-01-2017
NOTIFICATION No. SO(Judl-I) 1-1/2015. In exercise of the powers conferred under
section 11 of the Punjab Arms Ordinance, 1965 (XX of 1965), Governor of the
CHAPTER I PRELIMINARY
1. Short title and commencement.–(1) These rules may be cited as the Punjab Arms Rules 2017.
(2) They shall come into force at once.
2. Definitions.– (1) In these rules:
(a) “applicant” means the applicant for a license;
(b) “CNIC” means computerized national identity card;
(c) “DC” means Deputy Commissioner, or his successor in office, by whatever name called;
(d) “form” means an application form provided in Schedule-I, appended to the rules;
(e)
“Government” means Government of the
(f) “Legal Heir” means the person who is entitled to succeed to the possession of arms or arms dealership license, after the death of original owner/licensee i.e. spouse of the licensee, parents, children only;
(g) “NADRA” means the National Database Registration Authority established under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000);
(h) “NRC” means NADRA Registration Centre designated or established for the purpose of the rules;
(i) “Institution” means any organization, public or private, established under the law e.g. Educational, Business or Worship places, Hospitals or Security Companies etc.;
(j) “Ordinance” means the Punjab Arms Ordinance, 1965 (XX of 1965);
(k) “Retainer” means the person, authorized by the Government of Punjab to look after and carry the arms;
(l) “rules” means the Punjab Arms Rules 2017;
(m) “Sale/Purchase agent” mean the person authorized by the Government of Punjab for sale/purchase of arms on behalf of the original licensee.; and
(n) “service of
(2) An expression used in the rules but not defined shall have the same meaning as is assigned to it in the Ordinance.
CHAPTER II
PERSONAL AND INSTITUTIONAL ARMS LICENSES PART A PERSONAL ARMS LICENSE
3. Personal arms license.-(1) A personal arms license may be issued to a natural person for the purpose of protection or sports subject to the fulfillment of eligibility criteria.
(2) No arms license will be required for acquisition of a nonoperational, non-functional and obsolete weapon, for decorative purposes, subject to such verification by authorized arms dealer connected with repair of weapons and by the Punjab Fire Arms Bureau on the recommendation of the Government.
4. Eligibility criteria for personal arms license.– (1) An applicant shall be considered eligible for a personal arms license, if he:
(a) is a
citizen of
(b) possesses valid CNIC;
(c) is
domiciled in
(d) has attained the age of 25 years;
(e) is not considered unsuitable by the local police in view of his general conduct or previous record;
(f) is not fugitive from law;
(g) has not been convicted by any court of law except for minor offences or traffic violations;
(h) has not been a member of a proscribed organization or suspected to be involved in any anti-state activity; and
(i) is not physically, mentally or psychologically infirm to an extent where his carrying of arms shall be inadvisable for his own safety or life; or for the safety or life of others.
(2) A license
issued in favour of a citizen of
(3) A license shall, if issued to an otherwise eligible person, not be construed as a right and may be denied on any reasonable ground.
5. Application for personal arms license.- (1) An application for obtaining a personal arms license shall be submitted in writing to the Government or to the DC of the domiciled district, on Form-I.
(2) The application under sub-rule (1) shall be accompanied by the following documents:
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Document |
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Form |
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No. |
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(a) |
CNIC; |
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in photocopy. |
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(b) |
domicile certificate; |
in photocopy. |
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(c) |
medical |
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fitness |
in original. |
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certificate |
of |
the |
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applicant
issued |
by a |
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registered |
medical |
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practitioner; and |
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(d) |
any |
other |
document |
in
photocopy/in |
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that |
the |
Government |
original. |
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may specify.
6. Determination of suitability of the applicant.- (1) The Government or the DC, as the case may be, approve the personal arms license and forward the same to the NRC for further processing after:
(a) ascertaining the eligibility of the applicant; and
(b) obtaining the report as to the applicant’s credentials, general conduct, and criminal record, present as well as past, from the local police and, if required, from any other appropriate agency.
(2) The applicant shall, upon getting approval, under sub-rule (1) of this rule, appear in person in NRC for further processing. 7. Verification of certain persons not required.–No verification, as mentioned under rule 6 of the rules, may be made in respect of:
(a) sitting
members of Parliament or Provincial Assembly of the
(b) persons who
are in the service of
(c) serving
commissioned and junior commissioned officers of the armed forces of
8. Purchase and entry of a license. – (1) An applicant, within ninety days of the approval of personal arms license from the Government or the DC, as the case may be, shall:
(a) purchase the arms of the category to which the personal arms license pertains, from a registered dealer or any other source prescribed by the Government;
(b) apply to NRC for entry of the arms so purchased in the personal arms license, failing which, the approval of the DC or the Government shall be deemed to be withdrawn; and
(c) Submit two fired test bullets by the arms to Punjab Forensic Science Agency as per procedure notified by the Government from time to time. (2) The Government or the DC, as the case may be, in extraordinary circumstances may extend the arms purchase and entry period, mentioned in sub-rule (1) of this rule, through application submitted by the applicant, after recording reasons in writing.
9. Revalidation/Computerization of manual license.- (1)A licensee may, after payment of requisite fee and within the specified time limit, apply to NRC for revalidation/computerization of personal arms license.
(2) A license
issued by the government of any other province may be revalidated/ computerized
in
10. Duplicate license.–(1) The DC may, if a personal arms license issued under the rules is lost, accidently destroyed or damaged, on submission of an application on Form-II and subject to payment of prescribed fee, grant approval for issuance of a duplicate license:
(2) An application, under sub-rule (1) of this rule, shall be accompanied by:
(a) the police report if a personal arms license is lost; or
(b) the damaged or destroyed computerized personal arms license card if a personal arms license is damaged.
PART B
INSTITUTIONAL ARMS LICENSE
11. Institutional arms license.-The institutional arms license may be issued to an institution as defined by the government from time to time, subject to the fulfillment of eligibility criteria.
12. Eligibility for institutional license.–(1) The Government shall not issue institutional arms license to an institution unless it fulfills the following conditions:
(a) the institution or the security company is lawfully registered;
(b) the
institution is either registered in, or carries out substantial operations in
(c) a license not previously cancelled except in case of cancellation made on the behalf of the institution;
(d) no person on a decisive position/ authority in the institution has been convicted by any court of law; and
(e) no person on a decisive position/ authority in the institute maintains any relation with a proscribed organization and is suspected to be involved in any anti-state activity.
(2) An
institutional arms license issued in favor of an institution not registered in,
or carrying out substantial operations in
(3) The issuance of institutional arms license to an otherwise eligible institution or the security company shall not be construed as a right, and as such may be denied on any reasonable ground.
13. Application for institutional arms license.–(1) An application for obtaining an institutional arms license shall be submitted in writing to the Government or the DC, as the case may be, on Form-III.
(2) The application, under sub-rule (1) of this rule, shall be accompanied by the following documents:
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Document |
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Form |
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No. |
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(a) |
CNIC of the
applicant; |
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In photocopy |
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(b) |
Letter |
of |
authorization |
duly |
issued |
in original |
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by head of the
institution, in case |
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the application
is made through an |
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authorized agent,
along with the |
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CNIC of the agent
so authorized; |
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(c) |
License, |
registration |
certificate, or |
in photocopy |
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any other such
document, as proof |
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of registration with |
appropriate |
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authority, |
where |
such license, |
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certificate, or
document is required |
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for the
establishment or operation |
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of the
institution under any law or |
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rules for the
time being in force; |
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(d) |
Details |
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of |
owners, |
partners, |
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directors, |
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office |
bearers |
and |
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employees of
the institution, as |
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may |
be |
required |
by |
the |
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Government or DC; |
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(e) Details of otherwise eligible persons, under
rule, who are likely to carry arms under the authority of licenses; and
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(f) Any other document that the Government may specify.
14. Determination of suitability.- (1) The Government or the DC, as the case may be, approve the license and forward the same to the NRC for further processing after:
(a) ascertaining the eligibility of the applicant and of those who are likely to carry arms under the authority of license; and
(b) obtaining the reports to credentials, general conduct, and criminal record, present as well as past, from the local police and, if required, from any other appropriate agency of the applicant and those who are likely to carry arms under the authority of the license.
(2) The applicant, upon getting approval under sub-rule (1) of this rule, and those who are likely to carry arms under the authority of license shall appear in person in NRC for providing of necessary information to NRC.
PART C
DISTRICT QUOTA, RESTRICTIONS ON NUMBER OF ARMS LICENSES AND CARTRIDGES ETC.
15. Monthly license quota for districts.– (1) The Government may, by notification specify maximum number of personal arms licenses which a DC may approve in a calendar month.
(2) The personal arms licenses sanctioned by the Government shall not be counted for the purposes of the quota of a DC concerned.
(3) Notwithstanding anything contained in the rules, no limit shall apply to the institutional arms license issued by the DC provided that the same are issued subject to fulfillment of all necessary conditions, and after ascertaining the genuineness of need.
16. Limit of personal arms license.–(1) A person, subject to subrule (2), shall not be entitled to obtain or retain more than five personal arms licenses at a given time. Provided that Government may, in case of hunters, shooters or sportsmen, increase the number of licenses on the written request of applicant subject to provision of substantial proof and fulfillment of other conditions.
(2) The number of licenses issued to a person prior to coming into force of the rules shall not be affected by the limit specified in sub-rule (1).
17. Limit of cartridges allowed for a license.– (1) The cartridges 10 or bullets shall not be carried by the licensee in excess of the number endorsed on the license.
(2) A new license will be issued with the minimum limit of 50 bullets at a time provided that the maximum limit of cartridges or bullets endorsed on a license shall, subject to sub-rule (3) of this rule, shall not exceed five hundred at a time with the approval of the government, subject to prescribed fee (Schedule-I).
(3) The Government may, if required for hunting, shooting or other sports activities increase the maximum limit of 500 cartridges or bullets, as mentioned in the sub-rule (2), on the written request of applicant subject to provision of substantial proof and fulfillment of other conditions.
18. Record of the cartridges or bullets: - (1) The record of purchase of the cartridges or bullets shall be maintained as specified by the Government by notification from time to time.
19. Application for change.– (1)A licensee, on the basis of cogent reasons, may apply for change of bore/category of arms, increase in number of cartridges or bullets, or extension of validity of a license to whole of Pakistan, in writing directly to the Government or through the DC of concerned district.
(2) The DC shall asses the application submitted under subrule (1), interview the applicant, or cause him/ her to be interviewed, in person, for genuineness of need, and where satisfied, may forward the application to the Government with clear recommendations.
(3) The Government may, if deems necessary, seek report from any other agency or agencies as to the credentials, general conduct, and criminal record of the applicant mentioned under subrule (1) and genuineness of his/ her demand.
(4) The Government may, upon satisfaction, issue sanction letter to the concerned DC and Incharge NRC to undertake the required action and make necessary changes in the record, subject to prescribed fee (Schedule-I).
PART D
GRATIS ARMS LICENSE
20. Gratis
licenses.– (1) The Government fee shall not be charged in respect of
personal arms license issued to a person in the service of
(2) The yearly renewal fee shall not be charged provided that the renewal is carried out within the stipulated time for renewal of personal arms license.
(3) Nothing is this rule shall apply to the processing fee charged by the NADRA, and any fine or penalty, if and when applicable.
21. Limit of gratis licenses.– (1) Subject to the exceptions provided for in sub-rule (2), no more than two gratis arms licenses 11 may be issued to a person in the service of Pakistan in BS-17 or above or a member of the Armed Forces of Pakistan.
(2) The number of licenses issued to a person prior to coming into force of the rules shall not be affected by the limit specified in sub-rule (1).
(3) The claim of personnel of Armed Forces to gratis license shall be regulated by the Army Regulations (Instructions), 2000 as under:
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Personnel |
Pistol/ |
Rifle |
Shot |
Remarks |
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category |
Revolver |
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gun |
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(a) |
General |
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- |
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For |
all |
arms |
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Officers |
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gifted |
on |
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retirement. |
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(b) |
Commissioned |
2 |
- |
- |
Pistol |
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or |
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Officer |
(only |
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revolver. |
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retired) |
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(c) |
Junior |
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1 |
1 |
- |
1 |
pistol |
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or |
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Commissioned |
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revolver, |
or |
1 |
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Officer |
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rifle (total 1) |
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(d) |
Retired |
Junior |
1 |
1 |
- |
1 |
pistol |
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or |
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Commissioned |
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revolver, |
or |
1 |
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Officer |
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rifle (total 1) |
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(e) |
All other ranks |
1 |
- |
1 |
1 |
pistol |
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or |
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revolver, |
or |
1 |
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shotgun (total |
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1) |
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The
recipients of military awards shall also be authorized for gratis arms license
as per the following details:
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Sr. |
Military award |
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Entitlement |
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No. |
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(a) |
Nishan-e-Haider,
Nishan- |
(i) |
one |
pistol |
or |
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e-Imtiaz (M),
Hilal-e- |
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revolver; |
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Jurrat,
Hilal-e-Imtiaz (M), |
(ii) |
one |
rifle; |
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Sitara-e-Jurrat, Sitara-e- |
(iii) |
one .22 bore
rifle; and |
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Imtiaz (M), and
Sitara-e- |
(iv) |
two shotguns |
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Bisalat |
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(b) |
Tamgha-e-Imtiaz
(M) |
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(i) |
one
pistol or revolver; |
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(ii) |
one shotgun; and |
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(iii) |
one .22 bore
rifle. |
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(c) |
Tamgha-e-Jurrat |
and |
(i) |
one
pistol or revolver; |
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Tamgha-e-Bisalat |
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and |
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(ii) |
one shotgun. |
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(d) |
Imtiazi
Sanad |
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one
shotgun |
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PART E
TRANSFER AND RETAINERSHIPS
22. Transfer of license.– Subject to rules 23 and 24 of the rules, a personal arms license shall be non-transferable.
23. Transfer of license in case of death of licensee.- (1) The Government or the DC, as the case may be, in case of death of a licensee, transfer the personal arms license in the following manner:
(a) a license may be transferred to an otherwise eligible legal heir of a deceased licensee subject to acquiescence of other legal heirs;
(b) the application for transfer personal arms license, subject to fulfillment of the conditions mentioned in clause (a), shall be submitted in writing to the Government or the DC, as the case may be, on Form-I, alongwith following documents:
(i) copy of the personal arms license;
(ii) death certificate of the deceased issued by NADRA;
(iii) succession/declaration certificate issued by a court or revenue authority;
(iv) no objection certificate or an affidavit of the legal heirs, on a stamp paper of one hundred rupees or above, made before or attested by a judicial or a revenue officer, empowering the applicant in this regard;
(v) Computerized National Identity Card of the proposed transferee;
(vi) domicile certificate of the proposed transferee;
(vii) fitness certificate issued by a registered medical practitioner, in original, of the proposed transferee; (viii) any other document that the Government may specify from time to time.
(2) The application for transfer shall not be considered if the same is made after a lapse of one year from the death of original licensee.
(3) The Government may condone the delay, maximum to 5 years, if the applicant is able to establish that the delay was caused due to reasons beyond control.
24. Transfer of license in cases other than death of licensee.- (1) The Government or the DC, as the case may be, in a case where a licensee becomes incapacitated to utilize personal arms license on account of ill health or old age, or some other compelling circumstances, to be noted in writing, transfer personal arms license to an otherwise eligible legal heir subject to personal appearance of the original licensee.
(2) The Government or the DC, as the case may be, may dispense with the condition of personal appearance where transfer is being sought on account of a medical condition, subject to the provision of certificate issued by a registered medical practitioner, to this effect.
(3) The application for transfer of personal arms license shall be submitted in writing to the Government or the DC, as the case may be, on Form-I, along with the following documents:
• copy of the license; • CNIC of the proposed transferee; •
domicile certificate of the proposed transferee; • fitness certificate issued
by a registered medical practitioner, in original, of the proposed transferee;
and • Any other document that the Government may specify from time to time. (4)
The Government or the DC, as the case may be, may approve the transfer and
forward the case to the NRC for further processing after: (a) ascertaining the
eligibility of the proposed transferee; and (b) obtaining the report as to his
credentials, general conduct, and criminal record, present as well as past,
from the local police and, if required, from any other appropriate agency.
25. Transfer of gratis license.- (1) The transfer fee shall be charged as prescribed in the Schedule-I, if a legal heir of the gratis license holder is not eligible for a gratis license as per rule 20, and the status of gratis license shall be changed immediately to a regular license, on such transfer.
(2) The status of regular license may, if a legal heir is otherwise eligible for a gratis license, be changed to gratis on the request of licensee, and subject to the rules.
26. Transfer of institutional license.-(1) An institutional arms license shall be non-transferable and valid only for the institution for which it is issued.
(2) An institutional arms license, issued to an institution, shall remain valid till the life of such institution for which it has been issued.
(3) An institutional arms license shall have to be returned, in prescribed manner, if the institution ceases to exist or function.
27. Retainership permissions.–(1) Every application for retainership of computerized arms licenses shall be submitted in writing to the Government or the DC, as the case may be, on Form-I.
(2) No more than one retainership permission shall be allowed for one license.
(3) The proposed retainer shall otherwise be eligible as per 14 rule(4) of the rules.
(4) Where an application is directly received by the Government, it may, subject to conditions mentioned in sub-rules (2) and (3) above, issue sanction order to the DC to undertake the required action and make necessary changes in the record.
(5) The licensee shall appear along with the proposed retainership permission and proposed retainer, before the DC/ NRC for further processing subject to prescribed fee, as the case may be (Schedule-I).
(6) The licensee may, at any time, apply on Form-I to the Government or the DC, as the case may be, for the termination of the retainership.
(7) The Application under sub-rule (5) of this rule once received to DC/ NRC, he shall cause to omit the name of the retainer from the license as prescribed by the government.
(8) No fee, other than the NADRA processing fee, shall be charged where a holder of a gratis license shall seek to have a retainer who himself is entitled to get a gratis license.
28. Responsibility and use of arms by an Institution.-(1) Arms acquired by an institution shall be handed over to the security guards, who shall be:
(a) duly trained in security related functions by the district police or a training institute notified by the Government;
(b) security cleared by the Special Branch; and
(c) registered with local police station.
(2) Each security guard, hired by an institution mentioned under sub-rule (1) of this rule, shall otherwise be eligible as per rule(4) of the Rules.
(3) The use of arms, mentioned under sub-rule (1) and (2), shall be limited only to the purposes or premises for which the licenses are issued.
(4) A proper system of issuance and receipt of arms shall be adopted whereby the following shall be recorded:
(a) name of the guard
(b) CNIC number
(c) arms number
(d) time, duration and place of duty.
(5) The register used for the purpose shall be open to inspection by law enforcement agencies.
(6) An attested copy of the institutional arms license as well as the authority letter to possess the arms shall be available with every arms bearing security guard.
(7) The institution or the security company shall issue identity card/authority letter to each security guard, which shall be prominently displayed by him at all times during the duty hours.
PART F
SUSPENSION AND CANCELLATION OF LICENSES
29. Suspension of license.– (1) The DC may, on his own information or on receipt of a complaint, suspend a personal or institutional arms license in one or more of the following circumstances:
(a) the licensee appears to have become ineligible for holding the license;
(b) the licensee has acquired the license by concealing relevant information, or on the basis of forged or fraudulent documents;
(c) the licensee fails to renew his license within the stipulated time;
(d) the licensee has given his arms to a person who is neither a retainer nor an authorized person to carry the arms under the authority of license; and
(e) the licensee has contravened or violated any provision(s) of the Ordinance or the rules, term(s) of the license, or instruction(s) of the Government, issued from time to time.
(2) The license shall not be suspended under sub-rule (1) of this rule without first giving the licensee a reasonable opportunity of being heard.
(3) The DC concerned may dispense with the condition of giving the licensee a reasonable opportunity of being heard under extraordinary circumstances, to be recorded in writing, or where, in the opinion of the DC, any delay would mean continuation of an illegal activity.
(4) The act of suspension shall be communicated to NADRA, law enforcement agencies as well as the licensee forthwith for record purposes and necessary action, if required.
(5) The arms returned or confiscated upon suspension as mentioned in sub-rule (1) shall be deposited in the relevant DC office strong room in the prescribed manner.
30. Restoration of license.- (1) The DC may restore a suspended license if the licensee has:
(a) proved that the suspension has been made on the basis of misinformation; or
(b) removed the objection which led to the suspension, to the satisfaction of the DC.
(2) The restoration of license under this rule shall not be construed as a right and as such may be denied on any reasonable grounds.
31. Cancellation of license.– (1) The DC concerned may, on its own information or on receipt of a complaint, cancel a license in one or more of the following circumstances:
(a) if the licensee fails, on given an opportunity of hearing under rule 30, to remove the objection of, or satisfy, the DC;
(b) on repetition of an act which constitutes ground for suspension of a license;
(c) a licensee fails to renew his license for three consecutive years;
(d) arms entered upon the license has been used for commission of an offence; or
(e) the licensee has contravened or violated any provision(s) of the Ordinance or the rules, term(s) of the license, or instruction(s) of the Government, issued from time to time.
(2) A license shall not be cancelled, under sub-rule (1), without first giving the licensee a reasonable opportunity of being heard.
(3) The DC concerned may dispense with the condition of giving the licensee a reasonable opportunity of being heard, as mentioned in sub-rule (2), under extraordinary circumstances, or where, in the opinion of the DC, any delay shall mean continuation of an illegal activity.
(4) The fact of cancellation shall be communicated to NADRA as well as local police forthwith for record purposes and confiscation of the arms, if required.
(5) The arms returned or confiscated after cancellation as mentioned in sub-rule (1) shall be deposited in the strongroom in the prescribed manner.
(6) A licensee or the legal heir of a deceased licensee may apply to the DC concerned, in writing, for cancellation of his license, or the license of his deceased ancestor or descendent, as the case may be.
(7) The DC shall, after ascertaining the genuineness of the application filed under sub-rule (6) and after giving opportunity of being heard to legal heir of deceased licensee if required, cancel the license:
(8) The arms entered upon license, for an application for
cancellation under sub-rule (6) has been received, shall be deposited into the
strongroom or with any registered dealer, and receipt to this effect, shall be
attached with the application so submitted. 17 32. Right of representation
against orders.–Any person, aggrieved by an order passed under the rules may
make a representation to the Government, within 30 days of such order, whose
decision on such representation shall be final.
33. Keeping and disposing of arms.-(1) A DC shall establish and maintain a strong room in the district for the purpose of safe custody of illegal arms confiscated by the law enforcement agencies, or those retrieved or returned after cancellation of licenses.
(2) A stock register for strong room mentioned in sub-rule (1), specifying details of all arms, including make, model, and identification number as well as the date and mode of its receiving, along with the photographs, shall be maintained at all times.
(3) An open and public auction shall be conducted of the arms, as mentioned in sub-rule (1), at least once a year, and a register of all transactions carried out in such auctions shall be maintained, in a manner prescribed by the Government by notification in official Gazette.
(4) The NADRA shall develop and deploy software in each DC Office for recording the details as mentioned in sub-rules (2) and (3) of this rule.
(5) In the absence of strongrooms in the districts, the arms returned/ confiscated may be deposited in the concerned police station or the district “Malkhana”, temporarily.
CHAPTER III
PART A
BUSINESS LICENSES
34. Business arms license.- (1) The business arms license shall be issued to a natural or a legal person, subject to the fulfillment of eligibility criteria.
(2) The business arms license shall be issued in, and clearly mentions, the categories of manufacturing, repair, sale, or storage of arms, ammunitions, or military stores.
35. Eligibility criteria for business arms license for a natural person.– (1) An applicant shall be considered eligible for a business arms license if he/ she:
(a) is a
citizen of
(b) possesses valid CNIC;
(c) is
domiciled in
(d) has attained the age of 30 years;
(e) does not already possess a business license;
(f) had a business license which was cancelled on his own request;
(g) has reasonable financial and other means, including space, to carry out the proposed business;
(h) is not considered unsuitable by the local police in view
of his general conduct or previous record;
(j) has not been convicted by any Court of law
(k) has not been a member of a proscribed organization or suspected to be involved in any anti-state activity; and
(i) does not suffer from any physical or mental defect which might impair his capacity to carry out the proposed business.
(2) A license
issued in favour of a citizen of
(3) The issuance of license to an otherwise eligible person shall not be construed as a right, and as such may be denied on any reasonable ground.
36. Eligibility for business arms license for a legal person.– (1) The Government shall not issue a business license to a firm or a company unless the firm or the company fulfils the following conditions:
(a) the firm or the company is lawfully registered;
(b) the firm or
the company is registered in
(c) the firm or the company or any of its owners, partners, directors, office bearers and employees does not already possess a business license of the same category;
(d) a license not previously cancelled except in case of cancellation made on the behalf of the firm or the company;
(e) no owner or partner has been convicted by any Court of law;
(f) all individuals of the company not maintains any relation with a proscribed organization and are suspected to be involved in any anti-state activity; and
(g) the firm or company has reasonable financial and other means or resources, including space, to carry out the proposed business.
(2) A license issued in favour of a firm or a company not registered in, or carrying out substantial, if not major, portion of its operations in Punjab, prior to enforcement of the rules shall remain valid, subject to fulfillment of all terms and conditions specified by the Government by notification and shall, henceforth, be governed by the rules.
(3) The issuance of license to an otherwise eligible firm or company shall not be construed as a right, and as such may be denied on any reasonable ground.
37. Application for business arms license.–(1) An application for obtaining a business arms license shall be submitted in writing to the Government or the DC, as the case may be, on form-IV.
(2) The application shall be accompanied by legible copies, certified to be true by an officer of the Government in BS-17 or above, of the following documents:
(a) CNIC of the person making the application;
(b) domicile certificate, in case the applicant is a natural person;
(c) letter of authorization issued by an appropriate authority in case application is made through an authorized agent, along with the CNIC of the agent so authorized.
(d) the license, registration certificate, or other such document, as proof of registration with appropriate authority, where such license, certificate, or document is required for the establishment or operation of firm or the company under any law or rules for the time being in force;
(e) details of owners, partners, directors, office bearers and employees of the firm or company, as may be asked by the Government or the DC concerned;
(f) details of otherwise eligible persons, under rule 35, who are likely to carry out the business as salesmen, manufacturers, repairmen, or other employees, at the business establishment;
(g) statement of account to indicate financial standing for the proposed business;
(h) proof of availability of suitable space for carrying out business;
(i) ownership or lease documents, as the case may be, in respect of the property the applicant intends to use as storehouse for the business; and
(j) any other document that Government may specify from time to time.
38. Determination of suitability of the applicant.–(1) The Government shall, for the purpose of determining the suitability of the applicant, call and assess the reports from the following departments:
(a) Additional Inspector General (Special Branch), Additional Inspector General (Counter Terrorism Department) and head of District Police with respect 20 to applicant’s credentials, general conduct, and criminal record, present as well as past;
(b) DC with respect to suitability of the applicant in general, his financial standing, expected sales volume, and suitability of proposed place of business; and
(c) Civil Defence Officer with respect to the safety aspects of the proposed place of business.
(2) The reports from the offices as mentioned in sub-rule (1) shall be submitted in such format as may be specified, by the Government.
(3) The Government may, after ascertaining the eligibility of the applicant and considering the reports as stated in sub-rule (1), approve the license and forward the same to the DC and NRC for further processing as notified from time to time.
(4) The applicant or the authorized agent and the proposed salesmen, manufacturers, repairmen or employees shall, upon getting approval under sub-rule (3), appear in person in NRC for further processing.
39. Duplicate license.–(1) The Government may, if a Business arms license issued under the rules is lost, accidently destroyed or damaged, on submission of an application subject to payment of prescribed fee (Schedule-I), grant approval for issuance of a duplicate license:
(2) An application, under sub-rule (1) of this rule, shall be accompanied by:
(a) the police report if Business arms license is lost;
(b) the recommendation of the DC concerned.
(c) an affidavit; or
(d) the damaged or destroyed computerized arms license card if a business arms license is damaged.
PART B
QUANTITY AND QUOTA OF ARMS AND AMMUNITION
40. Permissible number of licenses for each district.–(1) Subject to other conditions, a business arms license for a particular district may be issued only if the number of such licenses in that district, including the new license, does not exceed the permissible number of licenses fixed by the Government.
(2) The permissible number of licenses under Rule 40 for a particular district shall be notified from time to time.
41. Quantity of arms and ammunition authorized to a licensee.–A licensee may sell or keep for sale such number of arms, ammunition or other military stores as may be authorized under the license.
42. Enhancement of quota.– (1) A licensee may, for the enhancement of quota of arms and ammunition, apply to the Government through the DC concerned.
(2) The Government may enhance the quota of the license subject to prescribed fee (Schedule-I), after ascertaining factors like:
(a) the genuineness of the demand;
(b) the suitability of the licensee; and
(c) the recommendation of the concerned DC.
PART C
TRANSFER
OF
43. Transfer of license.– (1) A business arms license shall be nontransferable.
(2) The Government may, in case of death of a licensee, or his being incapacitated to carry out business on account of ill-health or old age, or some other compelling circumstances, transfer his business arms license in the manner prescribed in rules 44 and 45 of the rules.
44. Transfer of license in case of death.– (1) A business arms license may be transferred to a legal heir of a deceased licensee, as may be authorized by all legal heirs in the form of an affidavit attested by a judicial or revenue authority, subject to fulfillment of the eligibility criteria as mentioned in section (35) of the rules and subject to prescribed fee (Schedule-I).
(2) Application for transfer under sub-rule (1) shall be submitted in writing to the Government within one year of the death of the original licensee, on Form-V, along with the following documents:
(i) copy of the business arms license;
(ii) death certificate of the deceased licensee issued by NADRA;
(iii) succession certificate issued by a court;
(iv) an affidavit of the legal heirs, on a stamp paper of one hundred rupees or above, made before or attested by a judicial or a revenue officer, empowering the applicant in this regard;
(v) CNIC of the proposed transferee;
(vi) domicile certificate of the proposed transferee;
(vii) fitness certificate issued by a registered medical practitioner, in original, of the proposed transferee; and (viii) any other document that the Government may 22 specify from time to time.
(3) An application for transfer shall not be considered if the same is made after a lapse of 365 days from the date of death of original licensee.
(4) If an application is not made under sub-rule (3) of this rule, the license shall be deemed to have become suspended.
(5) The business running under the license suspended under the sub-rule (4) shall be illegal.
45. Transfer of the business arms license in cases other than death.- (1) A business arms license may, in cases other than death of a deceased licensee, be transferred to a legal heir, subject to the fulfillment of the eligibility criteria as mentioned in section (35) of the rules, and personal appearance of the original licensee, subject to prescribed fee (Schedule-I).
(2) An application for transfer of the business arms license under sub-rule (1) shall be submitted in writing to the Government on Form-V, along with the following documents:
(i) Copy of the business arms license;
(ii) all documents mentioned in sub-rule (2) of rule 43 in respect of the proposed transferee; and
(iii) any other document that the Government may specify from time to time.
(3) The Government may, after ascertaining the eligibility of the proposed transferee and obtaining the report as to his credentials, general conduct, and criminal record, present as well as past, from the local police and, if required, from any other appropriate agency, may approve the transfer and forward the case to the DC/ NRC for further processing.
(4) The original licensee, where living, shall remain responsible for compliance of the provisions of the Ordinance and the rules, terms of the license, and instructions issued by the Government from time to time, and shall be held responsible for any violation thereof, till the completion of transfer process in the prescribed manner.
(5) The transfer of license under this rule shall not be construed as a right and as such may be denied on any reasonable grounds.
46. Change of business name.–The name of business shall not be changed unless such change is necessitated by transfer of business arms license under rule 47, subject to the approval of the Government.
47. Change of place of business.–(1) A licensee shall carry out business from such place only as is mentioned in the business arms license.
(2) The Government may, subject to the prescribed fee (Schedule-I), and after ascertaining the suitability of the proposed place, permit the change of place of business mentioned in the business arms license in the following circumstances:
(a) if change is:
(i) unavoidable due to conditions considered beyond the control of the licensee;
(ii) required on account of transfer of the license; or (iii) necessitated due to loss of right of the licensee to occupy the place of business due to expiry or termination of lease agreement or other similar reasons;
(b) if place of business is no more conducive or suitable to conduct business; or
(c) if Government requires such change to take place.
(3) The new place of business allowed under this rule shall not be located beyond the limits of the district in which the original place of business is located.
(4) The Government shall seek reports from the DC, local police, Civil Defence Department, and any other appropriate agency or department, if required, as to the suitability of the proposed place, before according the permission under sub-rule (2).
(5) Nothing in this rule shall affect the permission of change of place of business given by the Government prior to coming into force of the rules.
48. Manners for running the Business.- (1) A licensee shall carry out business personally or through authorized agent(s) mentioned in the license.
(2) A licensee shall not enter into a partnership for the purpose of carrying out the business after the issuance of the business arms license.
(3) The partnerships only those may be acknowledged by the Government which shall have:
(a) come into being before the commencement of Punjab Arms Rules 2014;
(b) been constituted or registered under the relevant law regulating such partnerships; and
(c) been duly entered in the license and other record maintained under the Government.
(4) All partners recorded in the license shall be responsible, individually as well as collectively, for compliance of the provisions of the Ordinance and the rules, terms of the license, and instructions issued by the Government from time to time, and shall be held responsible for any violation thereof.
PART D
SUSPENSION AND CANCELLATION OF LICENSES
49. Suspension of license.– (1) The Government or the DC, as the case may be, may on its own information or on receipt of a complaint, suspend a license in one or more of the following circumstances:
(a) the licensee appears to have become ineligible for holding the license;
(b) the licensee has acquired the license by concealing relevant information, or on the basis of forged or fraudulent documents;
(c) the licensee fails to renew his license within the stipulated time;
(d) the licensee is found to be conducting the business from a place, or under a name, other than the one mentioned in the license;
(e) the licensee fails to carry out business for six consecutive months during a calendar year except where such failure, in the view of the Government, resulted from reasons beyond the control of the licensee;
(f) the licensee fails to maintain, or produce for inspection, stock register or record of transaction of arms, ammunition and military stores in the prescribed manner; and
(g) the licensee has contravened or violated any provision(s) of the Ordinance or the rules, term(s) of the license, or instruction(s) of the Government, issued from time to time.
(2) The license shall not be suspended without first giving the licensee a reasonable opportunity of being heard.
(3) The Government may dispense with the condition of giving the licensee a reasonable opportunity of being heard under extraordinary circumstances, or where, in the opinion of the Government, any delay shall mean continuation of an illegal activity.
(4) The act of suspension shall be communicated to the DC, NADRA, law enforcement agencies as well as licensee forthwith for record purposes and necessary action, if required.
50. Restoration of license.-(1) The Government or the DC, as the case may be, may restore a suspended license if the licensee has:
(a) proved that the suspension has been made on the basis of misinformation; or
(b) removed the objection which led to the suspension, to the satisfaction of the Government.
(2) The restoration of license under this rule shall not be construed as a right and as such may be denied on any reasonable grounds.
51. Cancellation of license.– (1) The Government may, on its own information or on receipt of a complaint, cancel a license in one or more of the following circumstances:
(a) if the licensee fails, on given an opportunity of hearing under rule 49, to remove the concern of, or satisfy, the Government;
(b) on repetition of an act which constitutes ground for suspension of a license;
(c) the licensee fails to renew his license for two consecutive years;
(d) the licensee has permitted an unauthorized person to run business on his own or on behalf of the licensee;
(e) the licensee is found to be involved in illegal sale, supply, transport or storage of arms, ammunition or military stores; or
(f) the licensee has contravened or violated any provision(s) of the Ordinance or the rules, term(s) of the license, or instruction(s) of the Government, issued from time to time.
(2) The license shall not be cancelled without first giving the licensee a reasonable opportunity of being heard.
(3) The Government may dispense with the condition of giving the licensee a reasonable opportunity of being heard under extraordinary circumstances, or where, in the opinion of the Government, any delay shall mean continuation of an illegal activity.
(4) The act of cancellation shall be communicated to DC, NADRA as well as the licensee forthwith for record purposes and sealing of the business, if required.
52. Right of representation against orders.–Any person, aggrieved by an order passed under the rules may file an appeal to the Secretary to Government, Home Department or the Chief Secretary, Punjab, as the case may be, within 30 days of such order, whose decision on such representation shall be final.
PART E
TRANSPORTATION,
53. Transportation of arms and ammunition.- Only a licensee holding a business arms license under the rules is eligible for transportation of arms and ammunition, to the extent and in the manner permitted by such license, subject to the prescribed fee as mentioned in Scehdule-I and other terms and conditions as prescribed by the government.
54. Fee for transportation.-The Government may issue a transportation license or a no objection certificate for transportation of arms and ammunition subject to prescribed fee (Schedule-I).
55. Storage of the arms, ammunition and military stores.- (1) The licensee shall keep or store his arms, ammunition or military stores at a property approved by the Government, for the purpose.
(2) Any arms, ammunition or military stores recovered from any property other than the one approved, irrespective of their status, shall be deemed illegal.
PART F
INSPECTION AND MONITORING
56. Maintenance of record.- (1) The holder of a business arms license shall maintain stock register as well as record of transaction of arms, ammunition and military stores in the manner provided for under the Ordinance, the rules, terms of the license, or instructions of the Government, issued from time to time, which may include deploying a software and/or joining a management information system, on its own cost.
(2) The register of transaction of arms, ammunition and military stores, as mentioned in sub-rule (1), shall be maintained in such a manner that all essential details in respect of a purchaser, including his name, parentage, CNIC number, address, license number, date of purchase etc. are duly recorded.
(3) The arms or ammunition shall not be sold to anyone unless the intended purchaser produces original CNIC and license.
(4) The registers so maintained shall be open to inspection by the law enforcement agencies, subject to prior permission of the Government or the DC concerned, as the case may be.
(5) The condition of prior permission, as required under sub-rule (4), may be dispensed with under extra-ordinary circumstances to be recorded in writing.
(6) Where prior permission has not been taken, as required under sub-rule (4),a report shall be submitted to the Government or the DC, as the case may be, by the law enforcement agency, within 24 hours of the inspection, detailing the circumstances which led to the inspection without permission, as well as the findings of such inspection.
57. Safety Measures.- (1) In every manufacturing facility and business establishment minimum safety measure shall be taken which are necessary to minimize danger to persons being in or in the vicinity of such premises as notified by the Government.
58. Inspection of business establishments and institutions.- (1) Every DC shall cause inspection of the sale, manufacturing, repair and storage units within his jurisdiction.
(2) The DC shall notify a committee for the purposes of inspection under sub-rule (1) which may comprise representatives of the office of the DC, the DPO and Civil Defence Department.
(3) The committee constituted under sub-rule (2) shall have the right to:
• enter and inspect any premises in which arms or ammunition
are sold, manufactured, repaired, converted, or stored; • examine the stock
register as well as the record of all transactions; • verify that the business
is being conducted, or manufacturing or repair is being done, through
authorized persons only; and • ensure that the instructions issued from time to
time, related to safety precautions and other matters, are followed in letter
and spirit.
(4) The member of the committee, mentioned in sub-rule (3) of this rule, shall not be below BPS-16:
(5) The DC concerned may, under extraordinary circumstances, dispense with the condition of constituting a committee, and instead cause the inspection through an officer specially authorized in this behalf.
(6) The inspection shall be carried out at least once in every year and detailed report of inspection, with clear recommendations, shall be submitted to the DC concerned within one week of the date of inspection.
(7) The DC shall submit an annual performance report to the Government in respect of each sale, manufacturing, repair and storage unit within his jurisdiction, within three months after the end of every calendar year.
CHAPTER IV
FEE AND RENEWAL
59. Fee and charges.– The Government may, by notification in the official Gazette, fix and revise the fee and other charges for, or in relation to, arms licenses.
60. Payment of fee.–The fee or other charges for, or in relation to, arms licenses shall be payable in the form and manner, and within the timeline, specified by the Government.
61. Renewal of Personal/Institutional arms license.– (1) A arms license issued under the rules shall, unless otherwise cancelled or renewed, remain valid till 31st December of the year as the case may be.
(2) An arms license issued or renewed prior to the enforcement of the rules shall remain valid for the duration for which it was issued or renewed.
(3) An arms license shall be renewed for a period of minimum one year and maximum five years at the discretion of the licensee subject to the prescribed fee as mentioned in Schedule-I.
(4) An arms license may be renewed up to a maximum of ten years in case the licensee has attained the age of sixty or above.
(5) An arms license may be renewed within three calendar months of the date of expiry, hereinafter referred to as the grace period, without the payment of any penalty or late fee.
(6) After the expiry of the grace period, and before the lapse of one year from date of expiry of the license, it may be renewed subject to the payment of a penalty equivalent to the renewal fee for one calendar year, in addition to payment of the due renewal fee for each year.
(7) An arms license if not renewed within the period specified above, shall be deemed to have been suspended.
(8) An arms license, if suspended under sub-rule (7), may be restored again, on the discretion of the Government, subject to the payment of a penalty equivalent to renewal fee for each year.
(9) An arms license, if remains suspended or is not renewed, for three consecutive years in case of personal or institutional arms license, and two years in case of business arms license, it shall be:
(a) deemed to have been cancelled;
(b) entered in database by NADRA as such; and
(c) communicated to the relevant authorities for confiscation of the arms, unless the Government, on an application by the licensee stating reasons of the delay, and subject to the payment of penalty as mentioned in sub-rule (8), decides otherwise.
62. Renewal of business arms licenses.- (1) A business arms license issued under the rules shall, unless otherwise cancelled or renewed, remain valid till 31st December of the year as the case may be.
(2) A business arms license issued or renewed prior to the enforcement of the rules shall remain valid for the duration for which it was issued or renewed.
(3) A business arms license shall be renewed for a period of minimum one year and maximum five years at the discretion of the licensee subject to the prescribed fee as mentioned in Schedule-I.
(4) If main form of business license (with fee) is renewed, other associated forms shall be deemed to be renewed for the same duration for which main form is renewed, and no separate fee shall be required to be submitted for the purpose.
(5) A business arms license may be renewed within three calendar months of the date of expiry, hereinafter referred to as the grace period, without the payment of any penalty or late fee.
(6) After the expiry of the grace period, and before the lapse of 365 days from date of expiry of the license, it may be renewed subject to the payment of a penalty equivalent to the renewal fee for one calendar year, in addition to payment of the due renewal fee for each year.
(7) If license is not renewed within one year of date of expiry, thereafter license may be renewed on the payment of late fee equal to the twice of the renewal fee for each calendar year, in addition to payment of the due renewal fee.
(8) A business arms license if is not renewed within the period specified above, it shall be deemed to have been suspended.
(9) A business arms license, if suspended under sub-rule (8), may be restored again, on the discretion of the Government, subject to the payment of a penalty as per Rule (7).
(10) A business arms license, if remains suspended or is not renewed for more than three years, it shall be:
(a) deemed to have been cancelled;
(b) entered in database by NADRA as such; and
(c) communicated to the relevant authorities for confiscation of the arms, unless the Government, on an application by the licensee stating reasons of the delay, and subject to the payment of penalty as mentioned in sub-rule (9), decides otherwise.
63. Charging late fee.- The Government shall, if a time limit is expressly announced by the Government for fulfillment of an instruction, and the licensee fails to take the required action within the specified time, maintain the right to charge late fee, as penalty, on rates specified by the Government in the official Gazette, in respect of the instruction so given. 64. Penalty waiver.-The Government shall retain the power of condoning the delay, and waive off penalty, completely or partially, on an application submitted by a licensee in case where the license has not been renewed for any length of time for a cogent reason to be recorded in writing.
CHAPTER V
MISCELLANEOUS
65. Prohibited and Non-Prohibited Arms.– The Government may by notification in official Gazette categorized and declared arms as prohibited and non-prohibited.
66. Form of arms license.– The NADRA shall issue every license in the form of an automated smart card, or any other format, as deemed appropriate by the Government.
67. Record of licensees.– (1) The NADRA shall maintain a central database of all the licenses issued by Government, in different 30 categories, in updated form, in accordance with the instructions of the Government.
(2) The NADRA may give access to the law enforcement agencies to the data, mentioned in sub-rule (1), with the prior approval of the Government.
68. Change in procedure.- The Government may, at any time, without prior intimation, change the procedure, mode, or the agency for the issuance of the licenses by notification in the official gazette.
69. Arms policy and instructions.– The Government, may, from time to time, by notification in official Gazette, issue instructions for carrying out the purposes of the rules.
70. Repeal.– The Punjab Arms Rules 2014 are hereby repealed.
SECRETARY GOVERNMENT OF THE PUNJAB HOME DEPARTMENT
APPLICATIONS FORMS FOR ARMS
LICENSE
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