Section 34 of the Arms Act, 1959: Central Government Sanction for Warehousing of Arms
Section 34 of the Arms Act, 1959 regulates the deposit of arms or ammunition in a warehouse licensed under Section 58 of the Customs Act, 1962. It requires prior sanction of the Central Government notwithstanding the warehousing permission available under customs law.
Notwithstanding anything contained in the Customs Act, 1962 (52 of 1962), no arms or ammunition shall be deposited in any warehouse licensed under section 58 of that Act without the sanction of the Central Government.
What Section 34 means
Section 34 creates an additional statutory requirement for arms and ammunition. A warehouse licence under the Customs Act does not, by itself, authorise the deposit of arms or ammunition. Central Government sanction under the Arms Act is also required.
| Requirement | Legal effect |
|---|---|
| Warehouse licensed under Section 58 of the Customs Act, 1962 | The warehouse may operate as a private warehouse in accordance with the Customs Act and applicable conditions. |
| Arms or ammunition proposed to be deposited | Section 34 of the Arms Act becomes specifically relevant. |
| Central Government sanction | The arms or ammunition cannot lawfully be deposited in the Section 58 warehouse without the required sanction. |
Meaning of the non-obstante clause
Section 34 begins with the words "Notwithstanding anything contained in the Customs Act, 1962". This gives the requirement in Section 34 overriding effect for the specific matter it regulates. Therefore, compliance with customs warehousing provisions does not dispense with the separate requirement of Central Government sanction for depositing arms or ammunition.
Section 58 of the Customs Act, 1962
Section 58 of the Customs Act deals with licensing of private warehouses. Under the current provision, the Principal Commissioner of Customs or Commissioner of Customs may, subject to prescribed conditions, license a private warehouse in which dutiable goods imported by or on behalf of the licensee may be deposited.
For arms or ammunition, however, the Arms Act imposes the additional safeguard in Section 34. The customs warehouse licence and the Central Government sanction serve different statutory purposes and both requirements must be considered where Section 34 applies.
Legislative amendments reflected in Section 34
The provision was updated by Act 25 of 1983 with effect from 22 June 1983. The reference to the Sea Customs Act, 1878 was replaced by the Customs Act, 1962, and the former reference to section 16 was replaced by section 58.
Related Arms Act provisions
This page provides the statutory text and a general explanation for legal information. Application of the provision depends on the applicable facts, permissions and current statutory or regulatory requirements.