THE CHEMICAL WEAPONS CONVENTION ACT, 2000

ACT NO. 34 OF 2000 · Enacted [26th August, 2000.] · 56 sections

PRELIMINARY

Section 1.Short title, extent, application and commencement.

Section 2.Definitions.

Section 3.Application of the Convention.

Section 4.Power of Central Government to deny the request for inspection.

Section 5.Power of Central Government to declare Cessation of the Act.

ESTABLISHMENT OF THE NATIONAL AUTHORITY AND ITS POWERS AND FUNCTIONS

Section 6.Establishment of National Authority.

Section 7.Powers and functions of National Authority.

Section 8.National Authority to submit initial, annual and other periodical declaration to Organization.

Section 9.Appointment of enforcement officers.

Section 10.Power of National Authority to issue directions.

Section 11.Power of Central Government to constitute Committee.

Section 12.Power of National Authority to call for information, etc.

PROHIBITION AND REGULATION OF CHEMICAL WEAPONS AND TOXIC CHEMICALS

Section 13.Prohibition to develop, produce, acquire, etc., Chemical Weapons.

Section 14.Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority.

Section 15.Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor.

Section 16.Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2.

Section 17.Export or import to be made in accordance with Export and Import Policy.

REGISTRATION OF PERSONS AS PRODUCERS , USERS. ETC.

Section 18.Registration of person engaged in production, etc., of any Toxic Chemical or Precursor.

INSPECTION, SEARCH, SEIZURE AND FORFEITURE

Section 19.Power of Inspector to inspect any person or place.

Section 20.Enforcement officer to enter into any place for examining and testing facility or to conduct search.

Section 21.Certain acts to constitute an offence.

Section 22.Power to issue warrant and authorisation.

Section 23.Power of entry, search, seizure and arrest without warrant or authorisation.

Section 24.Power of seizure and arrest in public places.

Section 25.Procedure where seizure of goods liable to confiscation not possible.

Section 26.Power to stop and search conveyance.

Section 27.Conditions under which search of persons be conducted.

Section 28.Provisions of Act 2 of 1974 to apply to arrests, searches and seizures.

Section 29.Disposal of persons arrested and goods seized.

Section 30.Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station.

Section 31.Police to take charge of goods seized and delivered.

Section 32.Report of arrest and seizure.

Section 33.Liability of Toxic Chemical, Precursor and conveyance to confiscation.

Section 34.Confiscation of Goods used for concealing Toxic Chemicals or Precursors.

Section 35.Confiscation of sale proceeds of goods.

Section 36.Procedure in making confiscation.

Section 37.Power to call for information, etc.

Section 38.Information as to commission of offences.

OFFENCES AND PENALTIES

Section 39.Punishment for failure to register.

Section 40.Punishment for contravention in relation to development, production, etc., of Chemical Weapons or riot control agents, etc.

Section 41.Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1.

Section 42.Punishment for contravention in relation to transfer of Toxic Chemical, etc., listed in Schedule 2.

Section 43.Punishment for contravention in relation to export or import of Toxic Chemicals, etc.

Section 44.Punishment for contravention in relation to disclosure of confidential information.

Section 45.Punishment for contravention in relation to denial of access.

Section 46.Punishment for contravention in relation to failure to furnish information, declaration or return.

Section 47.Offence punishable under section 46 to be cognizable.

Section 48.Offences by companies.

Section 49.Prosecution of offences.

Section 50.Appeals from the decision of National Authority.

Section 51.Provisions of Convention not to apply to certain mixtures.

MISCELLANEOUS

Section 52.Protection of action taken in good faith.

Section 53.Power to delegate.

Section 54.Officers to be public servants.

Section 55.Removal of difficulties.

Section 56.Power to make rules.