The Chemical Weapons Convention Act, 2000

The Chemical Weapons Convention Act, 2000

ACT NO. 34 OF 2000

PREAMBLE

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.

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY
SECTIONS

  1. Short title, extent, application 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 Organization.
  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 person 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 authorisation.
  23. Power of entry, search, seizure and arrest without warrant or authorisation.
  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 Chemical, Precursor 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.
  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 Chemical, 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 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 SCHEDULE.

The Chemical Weapons Convention Act, 2000