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Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005


4. Definitions.-

In this Act, unless the context otherwise requires,-

a.     "biological weapons" are-

              i.        microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and

             ii.        weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict;

b.    "brought in transit" means to bring goods from any country into India by land, air, or amphibious means of transportation, where the goods are to be taken out from India on the same conveyance on which they are brought into India without any landing in India, but does not include a conveyance in innocent passage through Indian territory, Indian territorial waters or Indian airspace of a foreign conveyance carrying goods.

Explanation I.-A conveyance is a foreign conveyance if it is not registered in India.

Explanation II.-A conveyance is in "innocent passage" if it is not engaged in relevant activity and passes through or above Indian territorial waters or airspace without stopping or anchoring in India;

c.     "chemical weapons" means,-

              i.        the toxic chemicals and their precursors, except where intended for-

a.     industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

b.    protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

c.     military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or

d.    law enforcement including domestic riot control purposes; as long as the types and quantities are consistent with such purposes;

             ii.        the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in sub-clause (i), which would be released as a result of the employment of such munitions and devices; and

            iii.        any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in sub-clause (ii), together or separately;

d.    "export" shall have the meaning assigned to this expression in the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);

e.     "fissile material" and "radioactive material" shall have the meanings assigned to these expressions in the Atomic Energy Act, 1962 (33 of 1962);

f.     "item" means materials, equipment, and technology, of any description, notified under this Act or any other Act related to relevant activity;

g.    "non-State actor" is a person or entity not acting under the lawful authority of any country;

h.     "nuclear weapon or other nuclear explosive device" means any nuclear weapon or other nuclear explosive device as may be determined by the Central Government, whose determination in the matter shall be final;

i.      "public domain" means domain that has no restrictions upon dissemination of information within or from it; the existence of any legal rights to intellectual property in that information does not remove such information from being in public domain;

j.      "relevant activity" means,-

              i.        the development, production, handling, operation, maintenance, storage or dissemination of a nuclear, chemical or biological weapon; or

             ii.        the development, production, maintenance, storage or dissemination of missiles specially designed for delivering any such weapon;

k.     "re-transfer" means transfer of any item notified under this Act from any country or entity to which it has been exported from India, to yet another country or entity;

l.      "technology" means any information (including information embodied in software) other than information in the public domain, that is capable of being used in-

              i.        the development, production or use of any goods or software;

             ii.        the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind.

Explanation.-When technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods;

m.   "terrorist" shall have the meaning assigned to this expression in the Unlawful Activities (Prevention) Act, 1967 (37 of 1967);

n.     "trans-shipment" means to remove goods from the conveyance on which they were brought into India and to place the goods on the same or another conveyance for the purpose of taking them out of India, where these acts are carried out on a "through bill of lading", "through airway bill" or "through manifest".

Explanation.-"through bill of lading", "through airway bill" and "through manifest" means respectively a bill of lading, airway bill and manifest, for the consignment of goods from a place outside India to a destination which is also outside India without a consignee in India;

o.    "unlawful" means without the authority of the Central Government and the expression "unlawfully" shall be construed accordingly;

p.    "weapons of mass destruction" means any biological, chemical or nuclear weapons.



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