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The Chemical Weapons Convention Act, 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

THE CHEMICAL WEAPONS CONVENTION ACT, 2000 ACT NO. 34 OF 2000 [26th August, 2000] 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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