Vidhi Codex

The Chemical Weapons Convention Act, 2000

The Chemical Weapons Convention Act, 2000

General200056 sections7 chapters

The Chemical Weapons Convention Act, 2000, outlaws the development, stockpiling, and use of chemical weapons in India while strictly monitoring dual-use toxic chemicals. This law applies to all Indian citizens worldwide, including the foreign branches and subsidiaries of companies incorporated in India. To ensure compliance, the government mandates registration, routine declarations, and international inspections for facilities handling regulated chemicals. This legislation matters because it protects national security and public health from toxic weapons, enforces India's commitment to global disarmament treaties, and establishes a dedicated national authority to oversee the peaceful, legal, and safe trade of industrial chemicals within the nation.

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Chapter I PRELIMINARY →

  1. 1Short title, extent, application and commencement.
  2. 2Definitions.
  3. 3Application of the Convention.
  4. 4Power of Central Government to deny the request for inspection.
  5. 5Power of Central Government to declare Cessation of the Act.

Chapter II ESTABLISHMENT OF THE NATIONAL AUTHORITY AND ITS POWERS AND FUNCTIONS →

  1. 6Establishment of National Authority.
  2. 7Powers and functions of National Authority.
  3. 8National Authority to submit initial, annual and other periodical declaration to Organization.
  4. 9Appointment of enforcement officers.
  5. 10Power of National Authority to issue directions.
  6. 11Power of Central Government to constitute Committee.
  7. 12Power of National Authority to call for information, etc.

Chapter III PROHIBITION AND REGULATION OF CHEMICAL WEAPONS AND TOXIC CHEMICALS →

  1. 13Prohibition to develop, produce, acquire, etc., Chemical Weapons.
  2. 14Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority.
  3. 15Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor.
  4. 16Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2.
  5. 17Export or import to be made in accordance with Export and Import Policy.

Chapter IV REGISTRATION OF PERSONS AS PRODUCERS , USERS. ETC. →

  1. 18Registration of person engaged in production, etc., of any Toxic Chemical or Precursor.

Chapter V INSPECTION, SEARCH, SEIZURE AND FORFEITURE →

  1. 19Power of Inspector to inspect any person or place.
  2. 20Enforcement officer to enter into any place for examining and testing facility or to conduct search.
  3. 21Certain acts to constitute an offence.
  4. 22Power to issue warrant and authorisation.
  5. 23Power of entry, search, seizure and arrest without warrant or authorisation.
  6. 24Power of seizure and arrest in public places.
  7. 25Procedure where seizure of goods liable to confiscation not possible.
  8. 26Power to stop and search conveyance.
  9. 27Conditions under which search of persons be conducted.
  10. 28Provisions of Act 2 of 1974 to apply to arrests, searches and seizures.
  11. 29Disposal of persons arrested and goods seized.
  12. 30Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station.
  13. 31Police to take charge of goods seized and delivered.
  14. 32Report of arrest and seizure.
  15. 33Liability of Toxic Chemical, Precursor and conveyance to confiscation.
  16. 34Confiscation of Goods used for concealing Toxic Chemicals or Precursors.
  17. 35Confiscation of sale proceeds of goods.
  18. 36Procedure in making confiscation.
  19. 37Power to call for information, etc.
  20. 38Information as to commission of offences.

Chapter VI OFFENCES AND PENALTIES →

  1. 39Punishment for failure to register.
  2. 40Punishment for contravention in relation to development, production, etc., of Chemical Weapons or riot control agents, etc.
  3. 41Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1.
  4. 42Punishment for contravention in relation to transfer of Toxic Chemical, etc., listed in Schedule 2.
  5. 43Punishment for contravention in relation to export or import of Toxic Chemicals, etc.
  6. 44Punishment for contravention in relation to disclosure of confidential information.
  7. 45Punishment for contravention in relation to denial of access.
  8. 46Punishment for contravention in relation to failure to furnish information, declaration or return.
  9. 47Offence punishable under section 46 to be cognizable.
  10. 48Offences by companies.
  11. 49Prosecution of offences.
  12. 50Appeals from the decision of National Authority.
  13. 51Provisions of Convention not to apply to certain mixtures.

Chapter VII MISCELLANEOUS →

  1. 52Protection of action taken in good faith.
  2. 53Power to delegate.
  3. 54Officers to be public servants.
  4. 55Removal of difficulties.
  5. 56Power to make rules.

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