Arms and Ammunition Act, 1972

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N.R.C.D.

9
ARMS AND AMMUNITION ACT, 1972

ARRANGEMENT OF SECTIONS

Possession and Use of Arms and Ammunitions


1. Registration of arms and ammunition.
2. Method of registration.
3. Registration of change of ownership or possession.
4. Expiry of permit.
5. Control of imports and exports.
6. Manufacture of arms and ammunition.
7. Control of public display of arms or ammunition.
8. Seizure of arms or ammunition in national interest.
9. Forfeiture.
10. Central register.
10A. Fees payable.

Import of Arms and Ammunition


11. Possession of arms or ammunition without authority.
12. Prescribed ports.
13. Deposit in public warehouse and withdrawal.
14. Restrictions on withdrawals from public warehouse.
15. Private warehouses.
16. Responsibility of person in charge.
17. Withdrawals from private warehouses.
18. Registration and stamping of firearms.
19. Transport of firearms.
20. Manufacture and assembling of firearms.
21. Establishment for repair of firearms.

Maritime Supervision
22. Restriction on shipment by small vessels.

Miscellaneous
23. Licences, not receivable as of right.
24. Prohibition of dealing in arms and ammunition.
g
25. Protection of public officers.
26. Offences.
27. Public services excepted.
28. Regulations.
29. Interpretation.
30. Repeals and savings.

SCHEDULES
First Schedule Application to Register Arms or Ammunition including
Explosives
Second Schedule Fees Payable
Third Schedule Licence
Fourth Schedule Fees Payable

N.R.C.D. 9
ARMS AND AMMUNITION ACT, 19721(1)

AN ACT to regulate the possession and use of arms and ammunition, the trade in arms and
ammunition and to provide for related matters.

Possession and Use of Arms and Ammunitions

1. Registration of arms and ammunition


(1) A person who owns, possesses or controls arms or ammunition shall forthwith apply to register
those arms or ammunition at the nearest police station.
(2) Subsection (1) applies to arms and ammunition although a licence, permit or an authorisation has
been granted under any other enactment before the commencement of this Act in respect of those arms
and ammunition.
(3) A fee is not payable in respect of a permit issued under subsection (3) of section 2, in respect of a
period for which there is in force in relation to the arms or ammunition in question a valid licence issued
under an enactment.
(4) This section applies in respect of arms and ammunition within the Republic.2(2)
(5) This section does not apply so as to require the registration of arms or ammunition forming part of
the regular equipment of the Armed Forces or the Police Service, but shall apply in respect of the arms
and ammunition acquired by the Armed Forces or the Police Service otherwise than as part of that regular
equipment.
(6) This section applies in respect of the arms and ammunition held by a department of the
Government.
2. Method of registration
(1) A person applying to register arms or ammunition in accordance with section 1 shall complete the
form set out in the First Schedule.
(2) An application for registration shall not be accepted unless the arms or ammunition are produced
for inspection by the police
(a) where practicable, at the police station at which the application is made, or
(b) where the production is impracticable, at the place at which the arms or ammunition are kept.
(3) Where an application for registration is duly submitted and the arms or ammunition are duly
produced and inspected by the police, the police officer authorised to effect the registration shall register
the arms or ammunition in accordance with this Act.
(4) On the registration, of the arms or ammunition, the police officer shall issue to the applicant, on
payment by the applicant of the fee prescribed in the Second Schedule, a permit entitling the applicant to
possess those arms or ammunition for the purposes and subject to the conditions specified in the permit,
which may include a condition requiring the person licensed to account for the use of the ammunition.
(5) A permit is valid for six months or for any other period determined by the Inspector-General of
Police.

3. Registration of change of ownership or possession


(1) A person who possesses arms or ammunition in accordance with a valid permit granted under
section 2, shall not sell, dispose of or part with the possession of those arms or ammunition to any other
person unless
(a) that person has applied in writing to the Inspector-General of Police for permission to do so,
and
(b) the Inspector-General of Police has granted the permission, subject to the conditions
specified by the Inspector-General.
(2) Where the Inspector-General of Police grants permission in accordance with subsection (1), the
holder of the permit shall surrender it to the issuing authority who shall re-register the arms or
ammunition in the name of the new holder, amend the permit accordingly, and deliver the permit to the
new holder.
(3) A permit delivered to a new holder in accordance with subsection (2) shall continue in force in
accordance with its original terms and the additional conditions imposed by the Inspector-General of
Police and shall continue in force until the date of expiry originally specified in the permit.

4. Expiry of permit
(1) A permit may be renewed for further periods not exceeding six months at a time, or any other
period determined by the Inspector-General of Police, on application made to the issuing authority on or
before the date of expiry of the permit.
(2) An application to renew a permit shall be accompanied by the renewal fee specified in the Second
Schedule.
(3) Where a permit is not renewed before its expiry, the holder of the permit shall immediately
surrender it to the issuing authority and shall also surrender to the issuing authority the arms and
ammunition held by the holder in respect of which the permit was granted.

5. Control of imports and exports


(1) A person shall not import or export arms or ammunition without the prior consent in writing of the
Minister.
(2) The Minister may issue a permit to a person authorising that person to import or export the arms
or ammunition specified in the permit, subject to the conditions and restrictions imposed by the Minister
and on payment of the fee prescribed in the Second Schedule.3(3)

6. Manufacture of arms and ammunition


A person shall not, except with the prior written consent of the Minister, and subject to the conditions
and restrictions determined by the Minister, manufacture any arms or ammunition.

7. Control of pubic display of arms or ammunition


(1) A person shall not, except in accordance with the terms of a permit granted under this Act or with
the prior written consent of the Inspector-General of Police, publicly display any arms or ammunition or
discharge a fire-arm or any other weapon in a public place.
(2) Subsection (1) applies to the performance of traditional ceremonies.

8. Seizure of arms or ammunition in national interest


(1) Despite sections 1 to 7 of this Act and the relevant provisions of any other enactment, the Minister
may, in the national interest authorise a member of the Police Service or of the Armed Forces to seize any
arms or ammunition wherever they may be.
(2) The officer effecting the seizure shall issue a written receipt for the articles seized to the person
appearing to that officer to be the owner, or in possession or control, of those articles.
(3) An officer authorised to effect a seizure under this section may, subject to the directions of the
Minister,
(a) enter and search any premises, place or vehicle,
(b) require that any premises, place, vehicle or article be opened or made available to inspection
by that officer, and
(c) break open or in any other manner gain admittance to any premises place, vehicle, or article,
where there is an obstruction to that admittance.
(4) A civil action shall not be brought against an officer acting under this section in respect of an act
done by that officer in good faith in the execution or intended execution of a provision of this section.

9. Forfeiture
(1) Unless the Minister otherwise directs, there shall be forfeited to the Republic the arms or
ammunition
(a) used in the commission of a criminal offence;
(b) surrendered under section 4 (3); or
(c) seized in accordance with section 8.
(2) An article forfeited in accordance with subsection (1) may be disposed of as the Minister may
direct.

10. Central register


(1) The Inspector-General of Police shall maintain a central arms and ammunition register of the arms
and ammunition registered in accordance with this Act.
(2) The officer in charge of a police station shall, on effecting a registration under this Act as soon as
practicable notify the fact of the registration to the Inspector-General of Police for incorporation in the
central register.

10A. Fees payable


The fees specified in column 3 of the Schedule to this Act are payable in respect of the matters
specified in relation to them in column 2.4(4)

Import of Arms and Ammunition

11. Possession of arms or ammunition without authority


Where any firearms, arms of war, munitions of war or ammunition are, without the proper authority,
(a) found in the possession of a person,
(b) kept in a place other than a public warehouse, or
(c) unlawfully kept in a private warehouse,
that person or the occupier of that place, or the owner of the place or any other person keeping them,
commits an offence unless that person, occupier, or owner can prove that they were deposited there
without the knowledge or consent of that person, occupier or owner.

12. Prescribed ports


Subject to section 5, firearms, arms of war, munitions of war or ammunition shall not be imported
except at a prescribed port.

13. Deposit in public warehouse and withdrawal


(1) Firearms and ammunition imported or purporting to have been imported under this Act shall be
deposited by the importer at the importer’s own risk and expense in a public warehouse.
(2) The deposit shall not take place unless it has been authorised by the prescribed authority.
(3) Firearms or ammunition shall not be withdrawn from a public warehouse unless authorised by the
prescribed authority.

14. Restrictions on withdrawals from public warehouse


The authorisation for withdrawal of firearms and ammunition referred to in subsection (3) of section
13 shall only be granted
(a) for dispatch to prescribed places in which the inhabitants are allowed to possess firearms
under statutory control for the purpose of defence against robbers and rebels,
(b) for dispatch to prescribed warehouses under statutory control, or
(c) for individuals who satisfy the prescribed authority that they require the articles for their own
legitimate personal use.

15. Private warehouses


(1) A person shall not keep a private warehouse for the storing of firearms, arms of war, munitions of
war or ammunitions without a licence granted by the prescribed authority.
(2) A private warehouse kept under subsection (1) shall consist of enclosed premises reserved for that
special purpose, having only one entry, which shall be provided with two locks, one of which can be
opened only by a public officer.
(3) A person to whom a licence is granted under this section shall maintain the warehouse under
guard at all times.

16. Responsibility of person in charge


(1) The person in charge of a private warehouse is responsible for the firearms, arms and ammunition
deposited in the warehouses and shall account for them on the demand of the prescribed authority.
(2) For the purposes of subsection (1), the deposits and withdrawals shall be entered in a special
register, numbered and initialled by the person in charge.
(3) An entry in the register shall be supported by references to the official documents authorising the
deposits or withdrawals.
(4) Despite subsections (1) and (2), arms or ammunition may be shipped on a vessel of less than five
hundred tons burden, if a licence to ship the arms or ammunition has been previously granted by the
Minister.
(5) The licence shall be in the form set out in the Third Schedule.
(6) Subsections (1), (2) and (3) do not apply to firearms or ammunition
(a) conveyed on behalf of the Government and accompanied by a duly qualified official; or
(b) in the possession of persons licensed to bear firearms or to whom a permit for the purchase
or use of ammunition is granted.

17. Withdrawals from private warehouse


(1) Arms, firearms, or ammunition shall not be withdrawn from a private warehouse except under a
licence granted by the prescribed authority.
(2) The application for the licence shall state the purpose for which the arms, firearms or ammunition
are required and shall in the case of firearms be supported by an appropriate licence to bear firearms, or in
the case of ammunition by a permit for the purchase or use of the ammunition.

18. Registration and stamping of firearms


Each firearm shall, on withdrawal from a public or private warehouse, be registered and stamped by
the prescribed authority, who shall enter on the licence to bear firearms the mark stamped on the weapon.

19. Transport of firearms


Transportation of firearms, arms of war, munitions of war or ammunition in numbers or in quantities
greater than those which from time to time may be prescribed shall not take place unless under a licence
granted by the prescribed authority.

20. Manufacture and assembling of firearms


The manufacture and the assembling of firearms, arms of war, munitions of war or ammunition are
prohibited unless at arsenals established by Government.

21. Establishment for repair of firearms


A person shall not open or carry on an establishment for the purposes of repairing firearms without a
licence issued by the prescribed authority who may attach to the licence the conditions determined by the
prescribed authority.

Maritime Supervision

22. Restriction on shipment by small vessels


(1) A vessel of less than five hundred tons burden shall not ship, discharge or tranship any firearms or
ammunition completely or in parts.
(2) This section does not apply to barges, lighters or to any other small boats duly registered and
licenced by a harbour master, or any other proper officer of the Customs, Excise and Preventive Service.
(3) Despite subsection (1), it is lawful for arms or ammunition to be shipped on a vessel of less than
five hundred tons burden if a licence to ship the arms or ammunition has been previously granted by the
President.
(4) The licence granted by the President shall be in the form specified in the Schedule.
(5) Subsections (1) and (2) do not apply
(a) to firearms or ammunition conveyed on behalf of the Government and accompanied by a
duly qualified official, or
(b) to firearms or ammunition in the possession of a person licenced to bear firearms or to whom
a permit for the purchase of ammunition has been granted.

Miscellaneous

23. Licences, not receivable as of right


(1) A person is not entitled as of right, to the grant of a licence, an authorisation, or a permit under
this Act.
(2) A licence may be refused by the prescribed authority without a reason being assigned, subject to
an appeal to the Minister.5(5)

24. Prohibition of dealing in arms and ammunition


(1) The Minister may, by an executive instrument, prohibit dealing in arms or ammunition, absolutely
or subject to the restrictions, limitations, and conditions specified in the instrument.
(2) The Minister may in the instrument declare the towns, places, districts, or areas, to which the
instrument shall apply.

25. Protection of public officers


(1) Public officers are hereby authorised and empowered to take the necessary action and to do the
things which the efficient execution of this Act, the Regulations or of an instrument made under this Act
may reasonably require.
(2) A civil proceeding shall not, without the written consent of the Attorney-General, be brought
against a person in a court for damages or compensation in respect of the measures or acts which may be
taken or done in the performance or intended performance of the functions of a public officer under this
Act or the Regulations or under an instrument made under this Act.
(3) On convicting a person of an offence against this Act, the Court may by order, suspend or revoke
a licence, permit or an authorisation which that person holds under this Act, or under the Regulations.

26. Offences
(1) A person commits an offence and is liable on summary conviction to a fine not exceeding one
thousand penalty units or to a term of imprisonment not exceeding five years or to both the fine and
imprisonment, if that person
(a) contravenes a provision of this Act or a condition or restriction imposed in respect of a
permit granted to that person,
(b) obstructs a member of the Police Service or of the Armed Forces in the performance of a
function conferred on that member by this Act,
(c) wilfully makes a false statement in connection with an application under this Act,
(d) forges, alters or defaces a permit granted under this Act,
(e) has in that person’s possession, without lawful authority, a permit granted under this Act,
(f) makes or knowingly has in that person’s possession or control an explosive, including
gunpowder or fuses under circumstances which give rise to a reasonable suspicion that that
person is not making it, or does not have it in possession or control, for a lawful reason.
(2) A person commits a misdemeanour if that person
(a) contravenes a provision of this Act, or of an instrument made under section 24 or of a
condition in a licence or permit,
(b) does an act with intent to contravene this Act, or an instrument made under section 24 or a
condition in a licence or permit, or
(c) does an act which is, in this Act or in an instrument issued under section 24, declared to be
an offence.
(3) Where an offence under this Act or under the Regulations is committed by a body of persons
(a) in the case of a body corporate, every director or officer of that body corporate shall be
deemed to have committed that offence; and
(b) in the case of a firm, every partner of that firm shall be deemed to have committed that
offence.

27. Public services excepted


This Act does not apply to firearms, arms or ammunition intended for use by the Armed Forces or the
Police Service.

28. Regulations
(1) The Minister may, by legislative instrument, make Regulations
(a) amending a provision of the Schedules;
(b) exempting a person or class of persons from all or any of the provisions of this Act;
(c) regulating the conveyance, storage, possession and use of arms and ammunition;
(d) prohibiting the import, export or possession of any specified kind of arms or ammunition;
and
(e) generally for giving effect to this Act.
(2) The Regulations may be of a nature that renders more strict the operation of a provision of this
Act.

29. Interpretation
In this Act, unless the context otherwise requires,
“ammunition” includes explosives, munitions of war, and the materials for loading firearms;
“arms” includes firearms and offensive weapons of any description, artillery, apparatus for the
discharge of any kind of projectiles, explosive or gas-diffusing, flamethrowers, bombs, grenades,
machine-guns and rifled small-bore breech-loading weapons of any kind, and the parts of any of those
arms;
“cap gun” includes a cap pistol;
“Convention” means the Convention for the control of the trade in arms and ammunition which
was signed at Saint-Germain-en-Laye on the 10th day of September, 1919;
“court” means a court of competent jurisdiction;
“deal in” includes disposal or transfer by sale, barter, exchange, gift, or in any other manner,
whether with or without valuable consideration;
“explosives” includes gunpowder, nitro-glycerine, dynamite, or any other nitro-glycerine
admixture, gun cotton, blasting power, detonators, and any other substance used to produce a practical
effect by explosion;
“firearms” includes a gun, rifle, machine-gun, cap-gun, flint-lock gun or pistol, revolver, pistol,
cannon or any other fire-arm, and an air gun, air rifle, or air pistol whether whole or in detached
pieces;
“First class arms and ammunition dealer” means a person whose annual importation of shot
guns and ammunition is more than 1 000 pieces but not more than2 000 pieces;6(6)
“flint-lock gun” includes a flint-lock pistol;
“importer” includes an owner or any other person for the time being possessed of or beneficially
interested in imported firearms or ammunition;
“magazine” means a store for arms, ammunition, cartridges and explosives;7(7)
“Minister” means the Minister to whom functions under this Act are assigned by the President;
“munitions of war” includes all ammunition and parts of ammunition serviceable for use with an
arm of war, but does not include lead;
“occupier” includes owner;
“prescribed” means prescribed by Regulations;
“private warehouse” means any place or building licensed under section 15;
“public warehouse” means any place or building prescribed as a public warehouse for any of the
purposes of this Act;
“Regulations” means the Regulations made under a provision of this Act;
“second class arms and ammunition dealer” means a person whose annual importation of arms
and ammunition is less than 1 000 pieces.8(8)

30. Repeals and savings


Spent.9(9)

SCHEDULES

First Schedule
APPLICATION TO REGISTER ARMS OR AMMUNITION INCLUDING EXPLOSIVES
[Section 2 (1)]

1. Full names of applicant ............................................................................................................


2. Address of applicant ................................................................................................................
................................................................................................................................ ..................
3. Nationality ................................................................................................................................
4. Date of birth ..............................................................................................................................
5. Place of birth ............................................................................................................................
6. Description and quantity of arms and ammunition ..................................................................
................................................................................................................................ ..................
................................................................................................................................ ..................
7. Date on which arms and ammunition were acquired................................................................
8. Person from whom arms and ammunition were acquired
(a) Full names ..........................................................................................................................
( )
(b) Address ..............................................................................................................................
9. Particulars of last permit or other authorisation to possess the arms and ammunition to
which this application relates—
(a) Number of permit, etc. ......................................................................................................
(b) Date of issue or permit, etc. ..............................................................................................
(c) Date of expiry of permit, etc. ............................................................................................
................................................................................................................................ ..........................
10. Purpose for which the applicant requires arms and ammunition—
................................................................................................................................ ..................
................................................................................................................................ ..................
11. Full particulars of any other arms and ammunition held by the applicant ................................
................................................................................................................................ ..................
................................................................................................................................ ..................
................................................................................................................................ ..................
I, ......................................................................................................................(name of applicant)
Declare that the statements made by me in this application are true and that I have not
concealed a fact material to this application. I undertake that if this application is granted, I
shall use the arms and ammunition to which it relates for the purposes specified in paragraph
10 of this application and not for any other purpose, and that I shall observe the conditions
attached to a permit which may be granted to me.

Signed/marked ......................................................
Applicant

before me ..............................................................
Authorised officer
Date of application .............................................................................................., 20......................
Place of application ........................................................................................................................

Second Schedule
FEES PAYABLE
[Sections 2 (4), 4 (2), 5 (2) and 10A]

Fire-arms other than revolvers and pistols .......................................................... ¢400.00


Revolvers and pistols .......................................................................................... ¢500.00
Air pistol, air rifle, air gun and gas diffusing arms .............................................. ¢300.00
Other arms ............................................................................................................ ¢200.00
Gunpowder for firearms ...................................................................................... Free
p
Ammunition (including explosives) other than gunpowder for firearms ............ ¢25.00 in
respect of
each
application
Renewal fee for permit relating to revolvers and pistols ...................................... ¢50.00
Renewal fee in any other case; except, air pistol, air rifle, air gun and gas
diffusing arms ...................................................................................................... ¢20.00
Permit to import arms or ammunition (including explosives)—
(a) Individual ................................................................................................ ¢50.00
(b) First class dealer ...................................................................................... ¢2,000.00
(c) Second class dealer .................................................................................. ¢1,000.00
No fees shall be payable in respect of arms or ammunition acquired by the Armed Forces or the
Police Service, or held by any Department of Government.

(10)

Third Schedule
LICENCE
[Section 22 (2)]

Name and address of applicant


Licence is hereby granted to ........................................................................................................
of ..............................................................................................................................to ship a cargo
of ................................................................................................................................ ....consisting
of ................................................................................................................................ ....................
Nature and quantity of shipment
................................................................................................................................ ........consigned
to ................................................................................................................................ ......................
of ................................................................................................................................ ....................
Name of vessel
Port of loading ............................................................................................................................
Port of discharge ..........................................................................................................................
Name and address of consignee
Dated at .............................................. this .......................... day of .............................., 20 ............

............................................................................
Minister

Fourth Schedule 11(11)


FEES PAYABLE
[Section 10]

(i) First class private arms and ammunition magazine dealer (first ¢1,000,000.00
licensing) ................................................................................................
(ii) Renewal fee for first class private arms and ammunition magazine
dealer (renewal licence) .......................................................................... ¢500,000.00
(iii) Second class private arms and ammunition magazine dealer (first
licensing) ................................................................................................ ¢500,000.00
(iv) Renewal fee for second class private arms and ammunition magazine
dealer (renewal licence) .......................................................................... ¢300,000.00
(v) Revolvers and pistols (first licence) (individuals) .................................... ¢250,000.00
(vi) Renewals for revolvers and pistols (first licence) (individuals)
(annually) ................................................................................................ ¢100,000.00
(vii) Air pistol, air rifle, air gun and gas diffusing arms licensing for life ...... ¢50,000.00
(viii) Other arms e.g. cap guns and flint lock guns licensing for life ................ ¢10,000.00
(ix) Fee for private magazine withdrawals permit for explosives (Form C)
(annually) ................................................................................................ ¢100,000.00
(x) Fee for private magazine withdrawals permit for arms and ammunition
(Form C) annually—1st class .................................................................. ¢100,000.00
2nd class ........................................................ ¢50,000.00
(xi) Commercial magazine dealer in explosives (first licence)........................ ¢5,000,000.00

(xii) Commercial magazine dealer (annual renewal) fee ................................ ¢1,000,000.00.


Endnotes
1 (Popup - Footnote)
1. This Act consolidates the Arms and Ammunition Act, 1962 (Act 118) assented to on 12th June, 1962 and the
Arms and Ammunition Decree, 1972 (N.R.C.D. 9) made on 29th January, 1972 and notified in the Gazette on the
1st day of February, 1972.
2 (Popup - Footnote)
2. The Republic includes the territorial waters. See article 4 of the Constitution.
3 (Popup - Footnote)
3. Substituted by section 1 of the Ammunition (Amendment) Law, 1983 (P.N.D.C. L. 710). The subsection (2)
reads,
“(2) The National Redemption Council may issue a permit to any person authorising him to import or
export the arms or ammunition (including explosives) specified therein, subject to such conditions and restrictions
as the National Redemption Council may think fit to impose).”
4 (Popup - Footnote)
4. Inserted by section 1 of the Arms and Ammunition (Amendment) Act, 1996 (Act 579).
5 (Popup - Footnote)
5. The words, “whose decision shall be final” have been omitted as offending clause (3) of article 125 of the
Constitution.
6 (Popup - Footnote)
6. Inserted by section 3 of the Arms and Ammunition (Amendment) Act, 1996 (Act 579).
7 (Popup - Footnote)
7. Inserted by section 3 of the Arms and Ammunition (Amendment) Act, 1996 (Act 579).
8 (Popup - Footnote)
8. Inserted by section 3 of the Arms and Ammunition (Amendment) Act, 1996 (Act 579).
9 (Popup - Footnote)
9. The section provides that,
“(1) The following enactments are hereby repealed: (a) Explosives Ordinance (Cap. 254); (b) Explosives
(Amendment) Ordinance, 1956 (No. 9).
(2) Notwithstanding the repeal of the Explosives Ordinance (Cap. 254), the Explosives Regulations, 1970
(L.I. 666) as subsequently amended shall continue in force as if made under section 12 of this Decree, until
modified, amended or revoked.”
10 (Popup - Footnote)
10. Substituted by section 1of the Ammunition (Amendment) Law, 1983 (P.N.D.C.L. 91). The Second Schedule
reads—
“Fire-arms other than revolvers and pistols .................. N¢1.00 for each fire-arm.
Revolvers and pistols .................................................... N¢3.00 for each revolver or pistol.
Other arms ...................................................................... N¢2.00 for each item.
Gunpowder for fire-arms .............................................. Free.
Ammunition (including explosives) other than in N¢200 in respect of each
powder for fire-arms.................................................... application.
Renewal fee for permit relating to revolvers and Pistol..
N¢3.00.
Renewal fee in any other case ........................................ N¢1.00.”10

11 (Popup - Footnote)
11. Inserted by section 1 of the Arms and Ammunition (Amendment) Act, 1996 (Act 519).

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