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Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Preamble 1

Title: Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

State: Central

Year: 2005

.....devices, or to transfer control over such weapons or explosive devices, and not in any way to assist, encourage, or induce any other country to manufacture nuclear weapons or other nuclear explosive devices; AND WHEREAS India is committed to prevent a non-State actor and a terrorist from acquiring weapons of mass destruction and their delivery systems; AND WHEREAS India is committed to the objective of global nuclear disarmament; AND WHEREAS India is committed to its obligations as a State Party to the Convention on the Prohibition of the Development, Production, Skpiling and use of Chemical Weapons and on their Destruction and the Convention on the Prohibition of the Development, Production and Skpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction; AND WHEREAS India is exercising controls over the export of chemicals, organisms, materials, equipment, and technologies in relation to weapons of mass destruction and their delivery systems under other relevant Acts; AND WHEREAS it is considered necessary to provide for integrated legal measures to exercise controls over the export of materials, equipment, and technologies and to prohibit.....

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Complete Act

Title: Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

State: Central

Year: 2005

..... Section10 - Prohibition as regards intimidating acts Section11 - Prohibition of export Section12 - Prohibition on brokering Section13 - Regulation of export, transfer, retransfer, transit and trans-shipment Section14 - Offences and penalties Section15 - Punishment for aiding non-State actor or terrorist Section16 - Punishment for unauthorised export Section17 - Punishment for violation of other provisions of Act Section18 - Penalty for using false or making forged documents, etc Section19 - Punishment for offences with respect to which no provision has been made Section20 - Offences by companies Section21 - Cognizance of Offences Section22 - Bar of jurisdiction of civil courts Section23 - Effect of other laws Section24 - Protection of action taken in good faith Section25 - Special provisions as to Central Government Section26 - Power to make rules Section27 - Power to remove difficulties

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 8

Title: Prohibition Relating to Weapons of Mass Destruction

State: Central

Year: 2005

(1) No person shall unlawfully manufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive device and their means of delivery. (2) No person shall unlawfully transfer, directly or indirectly, to any one a nuclear weapon or other nuclear explosive device, or transfer control over such a weapon, knowing it to be a nuclear weapon or other nuclear explosive device. (3) No person shall unlawfully manufacture, acquire, possess, develop or transport a biological or chemical weapon or their means of delivery. (4) No person shall unlawfully transfer, directly or indirectly, to any one biological or chemical weapons. (5) No person shall unlawfully transfer, directly or indirectly, to any one missiles specially designed for the delivery of weapons of mass destruction.

The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Complete Act

State: Central

Year: 2005

.....SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 An Act to prohibit unlawful activities, in relation to weapons of mass destruction and their delivery systems and for matters connected therewith or incidental thereto. Whereas India is determined to safeguard its national security as a Nuclear Weapon State; And Whereas India is committed not to transfer nuclear weapons or other nuclear explosive devices, or to transfer control over such weapons or explosive devices, and not in any way to assist, encourage, or induce any other country to manufacture nuclear weapons or other nuclear explosive devices; And Whereas India is committed to prevent a non-State actor and a terrorist from acquiring weapons of mass destruction and their delivery systems; And Whereas India is committed to the objective of global nuclear disarmament; And Whereas India is committed to its obligations as a State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction and the Convention on the Prohibition of.....

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 1

Title: Short Title and Commencement

State: Central

Year: 2005

(1) This Act may be called the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. _____________________________________ 1. Enforcement date for the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 as per notification no: SO1990(E) dated 17.11.2006, is 17.11.2006.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 3

Title: Extent and Application

State: Central

Year: 2005

.....or subsidiaries, outside India; (c) any ship, aircraft or other means of transport registered in India or outside India, wherever it may be; (d) foreigners while in India; (e) persons in the service of the Government of India, within and beyond India. (5) Notwithstanding the applicability of the provisions of any other Central Act relating to any activity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit and trans-shipment of material, equipment or technology of any description as are identified, designated, categorised or considered necessary by the Central Government, as pertinent or relevant to India as a Nuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, Covenant, Convention or arrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 4

Title: Definitions

State: Central

Year: 2005

.....in the Atomic Energy Act, 1962(33 of 1962); (f) "item" means materials, equipment, and technology, of any description, notified under this Act or any other Act related to relevant activity; (g) "non-State actor" is a person or entity not acting under the lawful authority of any country; (h) "nuclear weapon or other nuclear explosive device" means any nuclear weapon or other nuclear explosive device as may be determined by the Central Government, whose determination in the matter shall be final; (i) "public domain" means domain that has no restrictions upon dissemination of information within or from it; existence of any legal rights to the intellectual property in that information does not remove such information from being in public domain; (j) "relevant activity" means,-- (i) the development, production, handling, operation, maintenance, storage, or dissemination of a nuclear, chemical or biological weapon; or (ii) the development, production, maintenance, storage or dissemination of missiles specially designed for delivering any such weapon; (k) "re-transfer" means transfer of any item notified under this Act from any country or entity to which it has.....

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 19

Title: Punishment for Offences with Respect to Which No Provision Has Been Made

State: Central

Year: 2005

Whoever contravenes any other provision of this Act or any rule or order made thereunder for which no specific punishment is provided, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 20

Title: Offences by Companies

State: Central

Year: 2005

.....punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall, be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section-- (a) "company" means any body corporate and includes a firm and other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 21

Title: Cognizance of Offences

State: Central

Year: 2005

No Court shall take cognizance of any offence under this Act without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf.