Allied Acts Indian penal code and state of india

allied acts

1. Allied Acts By M.S. Yadav, Asst. Director (Retd.) ED

2. BREIF DISCUSSION ON ALLIED ACTS THE FOOD SAFETY AND STANDARDS ACT, 2006 ( FSSA) THE DRUGS AND COSMETICS ACT, 1940 THE ARMS ACT, 1959

3. THE FOOD SAFETY AND STANDARDS ACT, 2006 ( FSSA) Establishment of Food Safety and Standard Authority of India (Section 4): The Food Safety and Standard Authority of India to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. The Authority regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food. Among other duties, it is also the duty of the Authority to specify the procedure and the enforcement of quality control in relation to any article of food imported into India. The Food Authority and the State Food Safety Authorities are responsible for the enforcement of this Act.

4. PROVISIONS RELATING TO IMPORT ( Section 25) No person shall import into India:- (S. 25) (25.1) i ) any unsafe or misbranded or sub-standard food or food containing extraneous matter; ii) any article of food for the import of which a license is required under any Act or rules or regulations, except in accordance with the conditions of the license; and iii) any article of food in contravention of any other provisions of this Act, or rules or regulations made thereunder or any other Act.

5. PROVISIONS RELATING TO IMPORT ( Section 25) (Section 25.2): The Central Government shall, while prohibiting, restricting or otherwise regulating import of articles of food under the Foreign Trade (Development and Regulation) Act, 1992, follow the standards laid down by the food Authority under the provisions of this Act and the rules and regulations made thereunder; This clause provides that no person shall import into India any article of food in contravention of this Act or any rules or regulations made thereunder.

6. LICENSES AND REGISTRATIONS Following Licenses and registration would be required for importing food products into India: Registration of Company [ Private Ltd Company (Optional) ] GST Registration Importer Exporter Code from DGFT Product approval from FSSAI ( if the product proposed to be imported is non-standard i.e. it is not in conformity with the food standards prescribed under the FSS

7. IMPORT OF FOOD ARTICLES ( Step 1): Custom clearance: Prior to the food consignment arriving in air or seaport in India, the importing food business operator must prepare an Authority Letter in favour of a Customs Handling Agent (CHA) addressed to the FSSAI/ Authorised officer. On arrival of consignment, the Customs Handling Agent based on the authorization letter would file an application for clearance of consignment with the Department of Customs based on the Bill of Entry. The  Customs Officer would verify the consignment and clear the same after clearance of customs formalities and payment of customs duty.

8. IMPORT OF FOOD ARTICLES (Step 2) Applying for FSSAI Clearance: On obtaining Customs clearance, the CHA must file an application in the Food Import Clearance System (FICS) of FSSAI to obtain the ‘No Objection Certificate’. The documents required to be uploaded in the FSSAI platform for clearance are: Importer Exporter Code issued by the DGFT; FSSAI Food Business License ; Bill of Entry; Examination Order generated by the EDI system of Customs, therein requiring NOC from the FSSAI. In addition to the above documents, the additional documents may also be required on a case to case basis:

9. IMPORT OF FOOD ARTICLES (Step 3) Inspection and Sampling of the Consignment Once an application is made in the Food Import Clearance System with the above documents, an FSSAI Officer will verify the documents, request more information (if required only). If the application is accepted, the Importer will be requested to deposit fees for FSSAI clearance based on the number of samples.

10. IMPORT OF FOOD ARTICLES Also, the FSSAI Officer will fix a date and time for visual inspection of the consignment. During the visual inspection of the consignment, the following parameters will be verified: The physical condition of the consignment for visible insects and fungal infestation; The valid remaining shelf life of the product is more than the 60% of its original shelf life at the time of import clearance; Compliance of the FSS (Packaging & Labelling) Regulations, 2011, and the product-specific labelling requirements; Rectification of labelling deficiencies, namely: Name and address of the importer FSSAI logo and license number Veg / Non-Veg Symbol

11. IMPORT OF FOOD ARTICLES After the visual examination, the FSSAI Officer would draw two samples from the consignment for testing. One of the sealed and labelled Food Sample will be sent to a randomly selected laboratory made by the Food Import Clearance System. The second food sample would be stored in appropriate conditions for re-testing if the need arises. The samples of imported Food sent by the Authorised Officer would be analysed by the laboratory as per the parameters defined in the Food Safety and Standards Act and the Regulations. The lab is required to send its report within five days to the Authorised Officer with a conclusive opinion about the product tested as conforming or non-conforming.

12. IMPORT OF FOOD ARTICLES (Step 4) Approval of Food Product into India: If the authorised lab issues an opinion report confirming that the food consignment is in conformance with the FSSAI regulations, the FSSAI Officer would issue a No Objection Certificate (NOC)/Non-Conformance Certificate (NCC). The food product would then be cleared for import into India and released from the customs warehouse.

13. IMPORT OF FOOD ARTICLES Food Imports into India NOT requiring FSSAI Approval: Export rejected or re-imported food meant for re-export; Food articles or ingredients or additives which are being imported for manufacturing of 100% exports products. Food imported by Diplomatic Missions. Import of Food for Quality Assurance, Research and Development – This imported food cannot be released into the domestic market or used for test marketing or market research purposes. Food imported for the purposes of exhibitions & tasting, subject to certain conditions. Food received during any disaster/emergency situations. Import of food for sports events, subject to certain conditions.  

14. THE DRUGS AND COSMETICS ACT, 1940

15. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Standard of quality: [Section 8] (1). For the purpose of this chapter, the expression “ standard quality “ means- (a) in relation to a drug, that the drug complies with the standard set out in [the second schedule], and (b) in relation to cosmetics, that the cosmetic complies with such standard as may be prescribed. (2) The Central Government after consultation with the Board may add or amend the Second Schedule after giving notification in the Official Gazette, not less than three months notice of its intention to do so.

16. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Misbranded drugs: [Section 9] For the purpose of this chapter, the drugs shall be deemed to be misbranded,- (a) if it is so coloured , coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; (b) If it is not labelled in the prescribed manner; or ( c) if its label or container or anything accompanying the drugs, bears any statement, design or device which makes any false claim for the drugs or which is false or misleading in any particular.

17. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Adulterated drugs [ Section 9A]: For the purpose of this chapter, a drug shall be deemed to be adulterated,- If it consist, in whole or part, of any filthy, putrid/rotten, or decomposed substance; or If it has been prepared, packed or stored under insanitary conditions where whereby it may been contaminated with filth or whereby it may have been rendered injurious to health; or If its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

18. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Adulterated drugs (cont.) If it bears or contains, for purpose of colouring only, a colour other than one which is prescribed; or If it contains any harmful or toxic substance which may render it injurious to health; or If any substance has been mixed therewith so as to reduce it quantity or strength.

19. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Spurious/fake drugs [Section 9B]: For the purpose of this chapter, a drug shall be deemed to be spurious,- If it imported under a name which belongs to another drug; or If it is an imitation of, or is a substitute for another drug or resembles another drug in a manner likely to deceive or bears upon its label or container the name of another drug unless it is plainly and conspicuous marked as to reveal its true character and its lack of identity with such other drug; or If the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which company or individual is fictitious or does not exist; or If it has been substituted wholly or in part by another drug or substance; or If it purports to be the product of a manufacturer of whom it is not truly a product.

20. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Misbranded cosmetics [Section 9C]: For the purpose of this chapter, a cosmetic shall be deemed to be misbranded,- If it contains colour which is not prescribed; or If it is not labelled in the prescribed manner; or If the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular .

21. IMPORT OF DRUGS AND COSMETICS [CHAPTER III] Spurious/fake cosmetics [Section 9D]: For the purpose of this chapter, a cosmetic shall be deemed to be spurious,- If it is imported under a name which belongs to another cosmetic; or If it is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it, or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal it true character and its lack of identity with such other cosmetic; or If the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company fictitious or does not exist; or If it purports to be the product of a manufacturer of it is not truly a product.

22. PROHIBITION OF IMPORT OF CERTAIN DRUGS AND COSMETICS [SECTION.10] Any drug or cosmetic which is of not standard quality; Any misbranded drug or misbranded or spurious cosmetic; Any adulterated or spurious drug; Any drug or cosmetic for the import of which a license is prescribed, otherwise than under, and in accordance with, such license; Any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof [ the true formula or list of active ingredient contained in together with the quantities thereof]; Any drug which by means of any statement, design or device accompanying it or any other means claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;

23. PROHIBITION OF IMPORT OF CERTAIN DRUGS AND COSMETICS Cont. Any cosmetic containing any ingredient which may render it unsafe or harmful or use under the directions indicated or recommended; Any drug or cosmetic, the import of which is prohibited by rule made under this chapter Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use; Provided further that the Central Government, may after consultation with the board, by notification in the official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality

24. Power of Central Government to prohibit import of drugs and cosmetic in public interest (Section 10A) Without prejudice to any other provision contained in this chapter, if the Central Government is satisfied; that the use any drug or cosmetic is likely to involve any risk to humane beings or animals; or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification; and that in the public interest it is necessary or expedient so to do then; that Government may, by notification in the Official Gazette prohibit the import of such drug or cosmetic.

25. APPLICATION OF LAW RELATING TO SEA CUSTOMS AND POWERS OF CUSTOMS OFFICERS [SECTION 11] (1)The law for the time being in force relating to sea customs and to goods, the import of which is prohibited under section 18 of the Sea Customs Act, 1878 shall, subject to the provisions of section 13 of this Act apply in respect of drugs and cosmetics, the import of which is prohibited under this chapter; The officers of Customs , and the officer empowered under that Act shall have the same powers to perform the duties imposed thereby on a Commissioner of Customs and other officers of Customs;

26. Cont. (2) the Commissioner of Customs or any other officer of the Government authorized by the Central Government in this behalf, may detain any imported package which he suspect to contain any drug or cosmetic, the import of which is prohibited under this chapter; and Shall forthwith report such detention to the Drugs Controller, India; and If necessary, forward the package or sample of any suspected drugs or cosmetics found therein to the Central Drugs Laboratory

27. Cont. The tainted goods may be confiscated without proceeding personally against any person and without coming to a finding as to who was the smuggler. Mere unlawful possession of prohibited goods does not lead to conclusion that the goods had been imported unlawfully. Onus on the custom authorities to prove the breach of prohibition order.

28. OFFENCES [SECTION 13] Section 13(1): Whoever himself or by any other person on his behalf imports; (a)Any drugs deemed to be adulterated under section 9A; or deemed to be a spurious drug under section 9B; or any spurious cosmetic referred to in section 9D; or any cosmetic of the nature referred to in clause ( ee ) of section 10; shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees.

29. OFFENCES [SECTION 13] Section 13(1): (b) Any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10; or Any rule made there under this chapter; shall be punishable with imprisonment for term which may extend to six months; or With fine which may extend to five hundred rupee, or with both. (c ) any drug or cosmetic, in contravention of the provisions of any notification issued under section 10A, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand, or with both

30. OFFENCES [SECTION 13] Section 13 (2): Who have been convicted of an offence- (a) under clause (a) or clause (c ) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both; (b) under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

31. CONFISCATION (SECTION 14) Where any offence punishable under section 13 has been committed, the consignment of drugs or cosmetic in respect of which the offence has been committed shall be liable to confiscation.

32. JURISDICTION (SECTION 15) No Court inferior to that of Metropolitan Magistrate or a Judicial Magistrate of the First Class, shall try an offence punishable under section 13.

33. THE COSMETIC RULES 2020 IMPORT OF COSMETICS: [Rule 19] Documents to be supplied to the Commissioner of Customs: Before any cosmetic is imported, a declaration signed by manufacturer or on behalf of manufacturer or by importer or on behalf of the importer; that the cosmetic comply with the provisions of chapter III of the Act, and the rules made thereunder; shall be supplied to the Commissioner of Customs.

34. THE COSMETIC RULES 2020 Procedure for import of cosmetic: [Rule 20]: (1) If the officer at the port of import, has reasons to believe that any cosmetic contravenes any of the provisions of the Act or the rules made thereunder, he may take sample of the cosmetic from the consignment for inspection. (2) If on examination of the sample, defects are noticed, the officer shall advise the Commissioner of Customs about further action to be taken.

35. THE COSMETIC RULES 2020 [Rule 20]: (3) If the suspected contravention of the provisions of the Act or the rules made thereunder is such as may have to be determined by test, the officer shall send the sample to Laboratory established for the purpose of performing such test; and the consignment of said cosmetic shall be detained till such time, the test report on that sample is received from the Laboratory. Provision: the importer can take the consignment with an undertaking not to dispose off without permission of Customs and return the consignment or such portion thereof as may be required.

36. THE COSMETIC RULES 2020 [Rule 20]: (4) If the importer who has given undertaking under proviso to sub-rule (1) is required by the commissioner of Customs to return the consignment or portion thereof, he shall return the same within ten days of receipt of the notice. (5) If the lab report suggest that the contravention of the provision can not remedied by the importer, the Commissioner shall communicate the report to the importer who shall within two months of the communication, send the goods back either to the country of manufacture or the country from which it was imported or hand over it to the Government which shall cause to be destroyed. Provided: the importer may make representation against the report to the Commissioner within thirty days and request for re-test of sample and it will be final.

37. THE COSMETIC RULES 2020 [Rule 20]: (6) If the lab report suggest that the contravention is such which can be remedied by the importer; the Commissioner shall communicate report to the importer and permit him to import the cosmetic on his giving an undertaking in writing no to dispose of the cosmetic without the permission.

38. IMPORT OF COSMETIC FOR PERSONAL USE [R. 21] Small quantities of cosmetics the import which is otherwise prohibited under section 10 of the Act, may be imported for personal use subject to the following conditions; ( i ) shall be part of the passenger's baggage and shall be the property and intended for the bona fide use of the passenger; (ii) shall be declared to the Customs, if they direct so. IMPORT THROUGH POINTS OF ENTRY: [R. 21]: No cosmetic shall be imported into India except through the points of entry as specified in Rule 43A of the Drugs and Cosmetics Rules, 1945.

39. THE ARMS ACT, 1959

40. THE ARMS ACT, 1959 Licence for import and export of arms etc.,- [Section 10]: (1) No person shall bring into, or take out of, India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder; Provided: (a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having, in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;

41. THE ARMS ACT, 1959 Section 10 (1): (b) a person being a bona fide tourist belonging to such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the law of that country from having in his possession any arms or ammunition, may without a licence under this section but accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purpose only of sport and for no other purpose. EXPLAINATION: Tourist means, person not citizen of India; period of visit not exceeding six months, no other object than recreation, sight seeing, or participation in a representative capacity in meeting conveyed by the Central Government, or In international conference, associations or other bodies.

42. THE ARMS ACT, 1959 Section 10 (2): Not withstanding anything contained in the proviso to sub-section (1) where the Commissioner of Customs or any officer empowered by Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him, or As to reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause; or as to the use to which such arms or ammunition may be put by such person; May detain the arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.

43. THE ARMS ACT, 1959 Section 10 (3): Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming part of India, are taken out of, and brought into, India within the meaning of this section.

44. THE ARMS ACT, 1959 POWER TO PROHIBIT IMPORT OR EXPORT OF ARMS ETC., [SECTION.11]: The central Government may, by notification in the Official Gazette, prohibit the bringing into, or taking out of, India, arms or ammunition of such class and description as may be specified in the notification.

45. THE ARMS ACT, 1959 POWER TO RESTRICT OR PROHIBIT TRANSPORT OF ARMS [SECTION 12]: (1) The Central Government may, by notification in the Official Gazette,- (a) direct that no person shall transport over India or any part thereof arms and ammunition of such classes and description as may be specified in the notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder ; or (b) prohibit such transport altogether. (2) Arms and ammunition trans-shipped at a sea port or an airport in India are transported within the meaning of this section.

46. ARMS RULES, 2016

47. ARMS RULES, 2016 Licences for import and export of arms and ammunition [ Rule 87] Grant of licences for import and export of arms ammunition should be in accordance with the provisions of the Foreign Trade (Development and Regulation) Act, 1992. Bringing arms and ammunition as part of personal baggage shall be governed by the Customs Act, 1962 and rules made thereunder.

48. ARMS RULES, 2016 Import of arms and ammunition [Rule 88]: (1) Arms ammunition shall be deemed to have been brought in India by a person, when such arms and ammunition are imported through an agent, are either consigned to such person direct, or consigned to the said agent; If the agent possess a certificate from that person that the arms and ammunition are bona fide his property and the agent only clears the arms and ammunition from Indian Customs and forward the same. (2) The dealer or manufacturer who wants to import a fire arm or parts of the fire arms or ammunition shall file an application for grant of licence in Form X at least twenty one days before the shipment to India or on good cause shown shorter period, as the licencing authority in his opinion deem fit and shall not arrange for the shipment prior to the issuance of the import licence .

49. ARMS RULES, 2016 Import of arms and ammunition [Rule 88]: (3) The licencing authority granting the licence shall forthwith send a copy of the licence to the licencing authority having jurisdiction at the port of import. (4) The dealer or the manufacturer immediately on arrival of the consignment, notify the licencing authority as well as the licencing authority of port of entry, in writing of the arrival and provide particulars of the container or consignment and place where the shipment can be inspected; and importer licensee shall not open the container or the consignment before an inspection is conducted by the licencing authority of the port in presence of the Indian Customs authority at the port of entry in India.

50. ARMS RULES, 2016 Import of arms and ammunition [Rule 88]: (5)The dealer or manufacturer shall within seventy two hours of the arrival of the fire arms and ammunition in India,- (a) arrange with the licensing authority of the port of entry to physically inspect the fire arms or ammunition; and (b) on finalisation of physical inspection, certify in writing to the licencing authority, who issued the import licence, that the imported fire arms or ammunition corresponding with the import licence , have arrived in India. (6) Any delay in carrying out the inspection within 72 hours resulting in additional charges or demurrage shall be attributed to the licencing authority at the port of entry and the Customs authority and not the importer licensee.

51. ARMS RULES, 2016 Import of certain type of arms [Rule 89]: (1) Import of replicas of contemporary or modern fire arms, shall be subject to submission of certificate of not harmful or offensive from the manufacturing company of the country of export, and an under taking from the importer that the replicas of the fire arms imported are incapable, even with modifications, of expelling or launching a shot, bullet or projectile by an action of explosive charge or compressed air or any other gas.

52. ARMS RULES, 2016 Import of certain type of arms [Rule 89]: (2) Import of paintball markers or paintball guns shall be subject to submission of certificate from the manufacturer company of the country of export that the muzzle energy of the paintball marker or gun exceed 90 m/s or 300 ft/s; and an undertaking from the importer that the paintball marker or gun shall be sold only through an authorised arms and ammunition dealer registered under these rules.

53. ARMS RULES, 2016 Import of certain type of arms [Rule 89]: (3) (a) Import of electronic disabled devices (EDD) shall be subject to submission of medical research reports on the technology used in such products at the time of submitting application for import to the licencing authority, which shall include, ( i ) physiological effect of prolonged discharge on intoxicated adults; (ii) echocardiography evaluation of probes into the chests of humane volunteers; (iii) implanted pace makers; (iv) repeated or long duration exposure: Academia and lack of respiration; (v) cardio vascular effects; (vi) physiological effect after exercise;

54. ARMS RULES, 2016 Import of certain type of arms [Rule 89]: (3) (a) cont. (vii) lactate and pH evaluation in exhausted humans; (viii) non-impairment of basic respiratory parameters during fifteen second device application. (b) an undertaking from the importer that all types of electronic disabling devices (EDD) irrespective of their range shall be sold only through authorized arms and ammunition dealers having a licence under these rules.

55. ARMS RULES, 2016 Export of arms and ammunition [Rule 90] (1) The authority granting a licence for export of arms and ammunition from any customs port of India to any port in foreign country shall send a copy of such licence to the agent or master of the vessel or to the air carrier or the railway authority by which the consignment is intended to be taken out of India, and Shall forthwith send a copy of such licence to the licencing authority of the place, wherefrom the goods are to leave the Indian territory; The export licence shall also be governed by the extant standard operating procedure issued by Department of defence Production in the Ministry of Defence , from time to time.

56. ARMS RULES, 2016 Export of arms and ammunition [Rule 90] (2) Every application for the grant of licence for export of arms specified in category IV of the Schedule I, shall be accompanied with a certificate from the DG Archaeology that the arms intended to be exported do not fall within the definition of ‘antiquities’ under the Antiquities and Art Treasure Act, 1972; (3) The DM of the jurisdiction out of which the goods to be exported are to cross the frontier of India, may in his discretion, require the licencee to produce the arms or ammunition for his inspection before allowing them to leave the area.

57. ARMS RULES, 2016 Export of arms and ammunition [Rule 90] (4) An export licence in [Form X-A] shall be non-transferable and issued in three original copies. (5) (a) The first copy of the export licence is to be returned to issuing licencing authority within ten days of the date of export and which date must be duly certified by the Indian Customs authorities. (b) The second copy shall be returned to the issuing authority within ninety days after the export date, which must bear the signature, an official date and name of the end user , to serve a delivery verification certificate. Provided: Failure to comply clause(a) and (b) will result in suspension of pending and future export transactions till the time the exporter duly comply the conditions.

58. ARMS RULES, 2016 Export of arms and ammunition [Rule 90] (6) A one time extension of validity of export licence, for period not extending three months, may be granted by the issuing authority, if any genuine reasons are shown in the application, the export transactions could not be carried out within the stipulated time of the validity of the export licence. (7) If the exporter fails to export within the validity of the licence, shall return all the three copies in original to the issuing authority with the reasons of noncompliance of the said transaction. (8) On completion of the export transaction, the exporter shall retain one original copy of export licence, BL, Airway bill, packing list, export invoice pertaining to the arms and ammunition so exported and shall produce the said documents whenever required to do so by the issuing licencing authority.

59. ARMS RULES, 2016 Export and re-import of arms and ammunition [ Rule 91]: (1) The licence in [Form X-A] may be granted for export of arms and ammunition from one place in India and its re-import into another place into India by the Central Government in the Ministry of Home Affairs or any other officer, specially empowered by it, if the arms and ammunition are taken across intervening territory not forming the part of India. (2) The copy of every licence granted under sub-rule (1) shall forthwith be sent by the Central Government both to the licencing authority of the place of dispatch and place of destination of the articles in India. (3) Arms an ammunition exported from India for the purpose of exhibition, evaluation and demonstration shall be returned to India within a period of six months after the date of export reflected on the export licence issued in [Form X-A].

60. ARMS RULES, 2016 In-transit licence of arms and ammunition [Rule 92] (1) No person shall import, transport and re-export any arms and ammunition unless he hold in this behalf an in-transit licence in {Form X] and [Form X-A] issued by Ministry of Home Affairs. (2) The application for grant of in-transit licence shall be accompanied by; ( i ) proof of authority to export from country of origin and proof of authority from country of destination; (ii) particulars of intended transport route and mode of transport, proposed port of entry, likely date of entry and exit, along with certified copy of the licence , permit authorization or any proof acceptable to the licencing authority, confirming the lawful possession of the firearms and ammunition in transit through Indian territory.

61. ARMS RULES, 2016 In-transit licence of arms and ammunition [Rule 92] (2)(iii) complete list of the firearms and ammunition indicating the quantity, type of action, manufacturer’s serial number, model and caliber of the firearm and quantity, type and caliber of the ammunition, along with a consignment note to be carried in-transit through Indian territory. (3) Licencee immediately on arrival of the consignment in India in writing notify the issuing licencing authority referred in sub-clause (1) as well as the licencing authority for the area where the shipment has arrived an provide particulars of the container or consignment and place where it can be inspected and shall ensure that the consignment is stored in a bonded warehouse under the jurisdiction of Indian Customs and shall not open unless inspected by the licencing authority and customs authority of the area.

62. ARMS RULES, 2016 In-transit licence of arms and ammunition [Rule 92] (4) The licencing authority may lay down conditions for transportation and route thereof, of container or consignment through the Indian territory and all incidental expenses related to the security measures from the port of import to the port of re-export through Indian territory, shall be borne by the licencee . (5) Storage of arms and ammunition for any period not exceeding one month in India, shall be granted in exceptional circumstances by the licencing authority with the prior consent of the local police authority and subject to such conditions of safe storage as licencing authority may prescribe. Provided: arms and ammunition shall be under the direct supervision of the licencing authority and the local authority.

63. ARMS RULES, 2016 In-transit licence of arms and ammunition [Rule 92] (6) Arms and ammunition under an in-transit licence shall not for whatever reasons be sold, transferred or used in India. (7) It shall be the duty of the licencing authority granting an in-transit licence in Form X and Form X-A to send copy of the licence to the DM having jurisdiction over the last port through which the consignment is to cross the frontier of India.

64. ARMS RULES, 2016 Vessels entering the territorial waters of India [Rule 93]: Arms or ammunition carried by a vessel entering the territorial waters of India or leaving such waters, shall be deemed to be imported or exported, as the case may be, irrespective of whether the vessel carrying, the arms or ammunition does or does not berth.

65. ARMS RULES, 2016 Arms or ammunition to be delivered to Indian Customs authority in certain cases: [Rule 94]: Where the vessel or aircraft bound for port other than a port in India, calls any port in India in the course of its voyage, and remains there for a period exceeding forty eight hours; any arms or ammunition in the possession of any passenger not exempted from liability to take out a licence in respect of such possession shall be delivered by him to the Indian Customs authority, to be detained until the departure by sea or air, as the case may be, of such passenger, and it shall not be necessary for such passenger to take out licence in respect of the arms or ammunition so delivered and detained.

66. ARMS RULES, 2016 Scrutiny by the authorities of consignments containing arms and ammunition [Rule 95]: (1) The licence issued under Chapter VI of these rules shall be produced wherever applicable to the authorities invovled in the import or export transactions such as Indian Customs, licencing authority of the port under the Act, railway authority, shipment agent, master of the vessel, air carrier, transporter and any other authority directly or indirectly related with such transactions and the said authorities shall ensure that the consignment containing arms ammunition correspond with the details contained in the licence .

67. ARMS RULES, 2016 Scrutiny by the authorities of consignments containing arms and ammunition [Rule 95]: (2) Where in any case, referred to in sub-clause (1), the original licence is not produced by the importer or the exporter or the consignee or the agent, or the original or attested copy of the licence does not accompany the consignment, as the case may be, or the licence is not identical in substance with the copy sent to the authority, or the arms or ammunition do not correspond with the description given in such licence , the authority shall not receive the consignment for dispatch or allow it to proceed further or deliver the consignment as the case may be, and shall in case he is not district magistrate, forthwith inform the nearest magistrate.

68. THANK YOU OPEN HOUSE