SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Chemical Weapons Convention Act, 2000. 2.     It extends to the whole of India, and it shall apply to- a.     citizens of ...
2Definitions
In this Act, unless the context otherwise requires,- a.     "Article" means an Article of the Convention; b.    "Chemical Weapons" means,-               i...
3Application of the Convention
1.     Notwithstanding anything to the contrary contained in any other law, the provisions of the Convention set out in the Schedule to this Act shall have t...
4Power of Central Government to deny the request for inspection
Where the Central Government considers any inspection of a Chemical Weapons Production Facility in India under this Act to be India, it may deny the request f...
5Power of Central Government to declare Cessation of the Act
The Central Government may, by notification in the Official Gazette, declare that this Act shall cease to be in force in case the Government of India withdraw...
Chapter IIEstablishment of the National Authority and its Powers and Functions
6Establishment of National Authority
1.     For the purposes of this Act, the Central Government shall establish, by notification in the Official Gazette, an Authority to be known as the Nationa...
7Powers and functions of National Authority
1.     Subject to the provisions of this Act,- a.     it shall be the general duty of the National Authority to fulfill, on behalf of the Government of Indi...
8National Authority to submit initial, annual and other periodical declarations to Organisation
The National Authority shall prepare such initial, annual and other periodical declarations regarding Toxic Chemicals or Precursors listed in any of the Sched...
9Appointment of enforcement officers
1.     The Central Government may, by notification in the Official Gazette, appoint such of the officers of the National Authority as it thinks fit to be enf...
10Power of National Authority to issue directions
Notwithstanding anything contained in any other law but subject to the provisions of this Act, the National Authority may, in the exercise of its powers and p...
11Power of Central Government to constitute Committee
The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, cons...
12Power of National Authority to call for information, etc.
1.     Notwithstanding anything contained in any other law for the time being in force, the National Authority may, by general or special order, call upon a ...
Chapter IIIProhibition and Regulation of Chemical Weapons and Toxic Chemicals
13Prohibition to develop, produce, acquire, etc., Chemical Weapons
1.     No person shall- a.     develop, produce, otherwise acquire, stockpile, retain or use Chemical Weapons, or transfer, directly or indirectly, any Chem...
14Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority
Any person having knowledge about the possession or location of Old Chemical Weapons or Abandoned Chemical Weapons shall inform the National Authority of such...
15Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor
No person shall- a.     produce, acquire, retain or use Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to the Convention, outsi...
16Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2
No person shall, three years after the 29th day of April, 1997, transfer to or receive from any person, who is not a citizen of a State Party, any Toxic Chemi...
17Export or import to be made in accordance with Export and Import Policy
No person shall export from, or import into, India a Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to the Conven...
Chapter IVRegistration of Persons as Producers, Users, Etc.
18Registration of persons engaged in production, etc., of any Toxic Chemical or Precursor
1.     Every person who is engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any Toxic Chemical or Precurso...
Chapter VInspection, Search, Seizure and Forfeiture
19Power of Inspector to inspect any person or place
1.     An Inspector may inspect- a.     any person who is engaged in-               i.        the production, processing, acquisition, consumption, transf...
20Enforcement officer to enter into any place for examining and testing facility or to conduct search
1.     Any enforcement officer shall have the right to enter with such assistance as he considers necessary, any building or place for the purpose of- a.    ...
21Certain acts to constitute an offence.
a.     refuses without reasonable excuse to comply with the request made by the Inspector or Inspection Team for the purpose of facilitating the conduct of t...
22Power to issue warrant and authorization
1.     A Metropolitan Magistrate or a Judicial Magistrate of the first class or any Magistrate of the second class specially empowered by the State Governmen...
23Power of entry, search, seizure and arrest without warrant or authorization
1.     Any such subordinate officer to the enforcement officer as is authorised in this behalf by general or special order by the Central Government or any s...
24Power of seizure and arrest in public places
Any subordinate officer to the enforcement officer as is authorised in section 23 may- a.     seize, in any public place or in transit, any goods, in relatio...
25Procedure where seizure of goods liable to confiscation not possible
1.     Where it is not practicable to seize any goods which are liable to confiscation under this Act, any officer authorised under section 23 may serve on t...
26Power to stop and search conveyance
Any subordinate officer authorised under section 23 may, if he has reason to suspect that any conveyance is, or is likely to be, used for the transport of any...
27Conditions under which search of persons be conducted
1.     When any subordinate officer authorised under section 23 or any subordinate officer exercising power in pursuance of sub-section (3) of section 22 is ...
28Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
The provisions of the Code of Criminal Procedure, 1973 shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants is...
29Disposal of persons arrested and goods seized
1.     Any officer arresting a person under section 22 or section 23 or section 24 shall, as soon as may be, inform him of the grounds for such arrest. 2.   ...
30Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
1.     The Central Government may, after consultation with the State Government, by notification published in the Official Gazette, invest any officer of the...
31Police to take charge of goods seized and delivered
An officer in charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all goods seized under this Act ...
32Report of arrest and seizure
Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of al...
33Liability of Toxic Chemicals, Precursors and conveyance to confiscation
1.     Whenever any offence punishable under Chapter VI has been committed, the goods or in respect of which or by means of which such offence has been commi...
34Confiscation of goods used for concealing Toxic Chemicals or Precursors
Any Goods used for concealing any goods which is liable to confiscation under this Act shall also be liable to confiscation. Explanation.- In this section, "...
35Confiscation of sale proceeds of goods
Where any goods is sold by a person having knowledge or reason to believe that the goods is liable to confiscation under this Act, the sale proceeds thereof s...
36Procedure in making confiscation
1.     In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any goods seized ...
37Power to call for information, etc.
Any subordinate officer authorised under section 23 may, during the course of any inquiry in connection with the contravention of any provision of this Act,- ...
38Information as to commission of offences
No enforcement officer, subordinate officer to enforcement officer or officer of the National Authority or the State Government or officer subordinate to such...
Chapter VIOffences and Penalties
39Punishment for failure to register.-Whoever
a.     before the commencement of this Act had been engaged in development, production, processing, acquisition, consumption, transfer, import, export or use...
40Punishment for contravention in relation to development, production, etc., of Chemical Weapons or riot control agents, etc.
Whoever, in contravention of any provision of this Act, develops, produces, otherwise acquires, stockpiles, retains or uses Chemical Weapons, transfers, direc...
41Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1
Whoever, in contravention of any provision of this Act, produces, acquires, retains, transfers or uses any Toxic Chemical or Precursor listed in Schedule 1 in...
42Punishment for contravention in relation to transfer of Toxic Chemicals, etc., listed in Schedule 2.
Whoever, in contravention of any provision of this Act transfers to or receives from any person who is not a citizen of a State Party any Toxic Chemical or Pr...
43Punishment for contravention in relation to export or import of Toxic Chemicals, etc.
Whoever, in contravention of any provision of this Act, exports from or imports into India any Toxic Chemical or Precursor listed in any of the Schedules 1 to...
44Punishment for contravention in relation to disclosure of confidential information
Whoever, in contravention of any provision of this Act, divulges any confidential information obtained by the National Authority from any declaration or retur...
45Punishment for contravention in relation to denial of access
Whoever does not comply with the obligations related to inspection activity under the Convention or delays or obstructs any Inspection Team or Inspector or en...
46Punishment for contravention in relation to failure to furnish information, declaration or return
Any person who being required by or under this Act to furnish any- a.     information; b.    declaration; or c.     return, fails to furnish such informa...
47Offence punishable under section 46 to be cognizable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under section 46 shall be cognizable....
48Offences by companies
1.     Where any offence under Chapter VI has been committed by a company, every person who at the time the offence was committed was in charge of, or was re...
49Prosecution of offences
No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the Central Government or the authority notified ...
50Appeals from the decision of the National Authority
1.     Any person aggrieved by any direction of the National Authority issued under section 10 may prefer an appeal to the Central Government within such tim...
51Provisions of Convention not to apply to certain mixtures
Notwithstanding anything contained in this Act, the provisions of the Convention in so far as they relate to- a.     restriction or reporting; b.    inspec...
Chapter VIIMiscellaneous
52Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or of a...
53Power to delegate
1.     The Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the ...
54Officers to be public servants
The Chairperson, Directors, officers and other employees of the National Authority or any other person exercising any powers or discharging any functions unde...
55Removal of difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such pro...
56Power to make rules
1.     The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 2.     In particular, and...
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