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The Chemical Weapons Convention Act, 2000

ACT NO. 34 OF 2000

[26th August, 2000]

Contents
Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
2 Definitions
3 Application of the Convention
4 Power of Central Government to deny the request for inspection
5 Power of Central Government to declare Cessation of the Act
Chapter II Establishment of the National Authority and its Powers and Functions
6 Establishment of National Authority
7 Powers and functions of National Authority
8 National Authority to submit initial, annual and other periodical declarations to Organisation
9 Appointment of enforcement officers
10 Power of National Authority to issue directions
11 Power of Central Government to constitute Committee
12 Power of National Authority to call for information, etc.
Chapter III Prohibition and Regulation of Chemical Weapons and Toxic Chemicals
13 Prohibition to develop, produce, acquire, etc., Chemical Weapons
14 Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority
15 Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor
16 Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2
17 Export or import to be made in accordance with Export and Import Policy
Chapter IV Registration of Persons as Producers, Users, Etc.
18 Registration of persons engaged in production, etc., of any Toxic Chemical or Precursor
Chapter V Inspection, Search, Seizure and Forfeiture
19 Power of Inspector to inspect any person or place
20 Enforcement officer to enter into any place for examining and testing facility or to conduct search
21 Certain acts to constitute an offence.
22 Power to issue warrant and authorization
23 Power of entry, search, seizure and arrest without warrant or authorization
24 Power of seizure and arrest in public places
25 Procedure where seizure of goods liable to confiscation not possible
26 Power to stop and search conveyance
27 Conditions under which search of persons be conducted
28 Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
29 Disposal of persons arrested and goods seized
30 Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
31 Police to take charge of goods seized and delivered
32 Report of arrest and seizure
33 Liability of Toxic Chemicals, Precursors and conveyance to confiscation
34 Confiscation of goods used for concealing Toxic Chemicals or Precursors
35 Confiscation of sale proceeds of goods
36 Procedure in making confiscation
37 Power to call for information, etc.
38 Information as to commission of offences
Chapter VI Offences and Penalties
39 Punishment for failure to register.-Whoever
40 Punishment for contravention in relation to development, production, etc., of Chemical Weapons or riot control agents, etc.
41 Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1
42 Punishment for contravention in relation to transfer of Toxic Chemicals, etc., listed in Schedule 2.
43 Punishment for contravention in relation to export or import of Toxic Chemicals, etc.
44 Punishment for contravention in relation to disclosure of confidential information
45 Punishment for contravention in relation to denial of access
46 Punishment for contravention in relation to failure to furnish information, declaration or return
47 Offence punishable under section 46 to be cognizable
48 Offences by companies
49 Prosecution of offences
50 Appeals from the decision of the National Authority
51 Provisions of Convention not to apply to certain mixtures
Chapter VII Miscellaneous
52 Protection of action taken in good faith
53 Power to delegate
54 Officers to be public servants
55 Removal of difficulties
56 Power to make rules

An Act to give effect to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to provide for matters connected therewith or incidental thereto.

WHEREAS a Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was signed on behalf of the Government of India at Paris on the 14th day of January, 1993;

AND WHEREAS India, having ratified the said Convention, has to make provisions for giving effect thereto and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-



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