(1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquility or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the Official Gazette-
(a) specify the limits of such area;
(b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of the notification in the Official Gazette), every person having in his possession in such area any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms), shall deposit the same before such commencement in accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding anything contained in any other provision of this Act (except section 41) or in any other law for the time being in force, as from the date of publication of such notification in the Official Gazette be deemed to have ceased to be lawful;
(c) declare that as from the commencement of, and until the expiry of, the period specified in the notification, it shall not be lawful for any person to have in his possession in such area any notified arms;
(d) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification,-
(i) to search at any time during the period specified in the notification any person in, or passing through, or any premises in, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;
(ii) to seize at any time during the period specified in the notification any notified arms in the possession of any person in such area or discovered through a search under sub-clause (i), and detain the same during the period specified in the notification.
(2) The period specified in a notification issued under sub-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that Government, there continues to be in such area such disturbance of public peace and tranquility as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).
(4) For the purposes of this section,-
(a) "arms" includes ammunition;
(b) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-section (2), then, in relation to such notification, references in sub-section (1) to "the period specified in the notification" shall be construed as references to the period as so extended.
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1. Ins. by Act 25 of 1983, s. 7 (w.e.f. 22-6-1983)
Section 21 Deposit of arms, etc., on possession ceasing to be lawful
Section 22 Search and seizure by magistrate
Section 23 Search of vessels, vehicles for arms, etc
Section 24 Seizure and detention under orders of the Central Government
Section 24A Prohibition as to possession of notified arms in disturbed areas, etc
Section 25 Punishment for certain offences
Section 26 Secret contraventions
Section 27 Punishment for using arms, etc
Section 28 Punishment for use and possession of firearms or imitation firearms in certain cases
Section 30 Punishment for contravention of licence or rule
Section 31 Punishment for subsequent offences and Section 32 Power to confiscate
Section 33 Offences by companies
Section 34 Sanction of Central Government for warehousing of arms
Section 35 Criminal responsibility of persons in occupation of premises in certain cases.
Section 36 Information to be given regarding certain offences
Section 37 Arrest and searches
Section 42 Power to take census of firearms
Section 44 Power to make rules
Section 45 Act not to apply in certain cases, Section 46 Repeal of Act 11 of 1878