Bare Act Search Results

Chemical Weapons Convention Act, 2000 Section 15

Title: Prohibition to Develop, Produce, Acquire, Etc., Taxic Chemical or Precursor

State: Central

Year: 2000

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, outside the territories of States Parties, and shall not transfer such Chemicals or Precursors outside the territory of India except to another State Party; (b) produce, acquire, retain, transfer or use Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to the Convention without permission from the National Authority and unless-- (i) the Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to the Convention are for the purposes to be applied to research, medical, pharmaceutical or protective purposes; and (ii) the types of Toxic Chemicals or Precursors are strictly limited to those that can be justified with reference to the purposes specified in sub-clause (1) and the quantities of such Toxic Chemicals or Precursors for such purposes at any time do not exceed the limits fixed by the National Authority; (c) transfer the Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to the Convention to another State Party outside India except-- (i) for the p

Chemical Weapons Convention Act, 2000 Section 18

Title: Registration of Persons Engaged in Production, Etc., of Any Taxic Chemical or Precursor

State: Central

Year: 2000

.....Precursor or, as the case may be, as a producer of any Discrete Organic Chemical including Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine. (3) The form of application to be made to the registration authority under sub-­section (1) or sub-section (2), the particulars to be contained in such application form, the manner in which such application shall be made, the fee payable on such application, the form of certificate of registration, the procedure to be followed in granting or cancelling certificate of registration shall be such as may be prescribed. (4) On receipt of the application referred to in sub-section (1) or sub-section (2), the registration authority shall, if the application is in the prescribed form, register the name of the applicant and grant him a certificate of registration. (5) The certificate of registration granted in pursuance of this section shall be valid for a period specified therein and may be renewed from time to time for such further period and on payment of such fee as may be prescribed.

Chemical Weapons Convention Act, 2000 Section 16

Title: Restriction of Transfer of Taxic Chemical or Precursor Listed in Schedule 2

State: Central

Year: 2000

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 Chemical or Precursor listed in Schedule 2 in the Annex on Chemicals to the Convention.

Chemical Weapons Convention Act, 2000 Section 33

Title: Liability of Taxic Chemicals, Precursors and Conveyance to Confiscation

State: Central

Year: 2000

(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 committed, shall be liable to confiscation. (2) Any Toxic Chemical or Precursor lawfully produced, imported into India, transported, used, purchased or sold along with, or in addition to, any goods which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any goods liable to confiscation under sub-section (1), is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. (3) Any conveyance used in carrying any goods liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the conveyance proves that it was used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance and that each of them had taken all reasonable precautions against such use.

Chemical Weapons Convention Act, 2000 Complete Act

State: Central

Year: 2000

.....Team shall have-- (a) the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts; (b) the right to request clarifications in connection with ambiguities that may arise during inspection; (c) the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection; (d) the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved; (e) the right to draw samples, perform on site analysis of such samples; and (f) such other rights as are provided under the Convention. (6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention. (7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India. SECTION 20: Enforcement officer to enter into any place for examining and tasting facility or to conduct.....

Chemical Weapons Convention Act, 2000 Schedule I

Title: Schedule

State: Central

Year: 2000

..... (d) Law enforcement including domestic riot control purposes. 10. "Production Capacity" means: The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity is the corresponding theoretically calculated product output. 11. "Organization" means: The Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention. 12. For the purposes of Article VI: (a) "Production" of a chemical means its formation through chemical reaction; (b) "Processing" of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical; (c) "Consumption" of a chemical means its conversion into another chemical.....

Chemical Weapons Convention Act, 2000 Chapter III

Title: Prohibition and Regulation of Chemical Weapons and Tixic Chemicals

State: Central

Year: 2000

.....the 29th day of April, 1997, transfer to or receive from any person, who is not a citizen of a State Party, any Toxic Chemical or Precursor listed in Schedule 2 in the Annex on Chemicals to the Convention. Section 17 - Export 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 Convention except in accordance with the provisions of the Export and Import Policy determined by the Central Government from time to time under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Orders issued thereunder.

Chemical Weapons Convention Act, 2000 Chapter V

Title: Inspection, Search, Seizure and Forfeiture

State: Central

Year: 2000

.....shall have-- (a) the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts; (b) the right to request clarifications in connection with ambiguities that may arise during inspection; (c) the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection; (d) the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved; (e) the right to draw samples, perform on site analysis of such samples; and (f) such other rights as are provided under the Convention. (6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention. (7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India. Section 20 - Enforcement officer to enter into any place for examining and tasting facility or.....

Chemical Weapons Convention Act, 2000 Chapter II

Title: Establishment of the National Authority and Its Powers and Functions

State: Central

Year: 2000

.....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, constitute a Committee by such name as may be specified in the order for the purpose of overseeing the functions of the National Authority and exercising and performing such of the powers and functions of the Central Government under this Act (except the power to make rules under section 56) as may be specified in the order and subject to the supervision and control of the Central Government and the provisions of such order, such Committee may exercise the powers or perform the functions so specified in the order as if such Committee had been empowered by this Act to exercise those powers or perform those functions. Section 12 - Power 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 person, to furnish to that Authority periodically or as and when required any information, declaration or return concerning Toxic Chemicals or.....

Chemical Weapons Convention Act, 2000 Chapter VI

Title: Offences and Penalties

State: Central

Year: 2000

.....or the authority notified by the Central Government, in the Official Gazette, to be competent to sanction prosecution of the offences under this Act. Section 50 - Appeals 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 time as may be prescribed. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the prescribed period. (3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the direction appealed against and by such fee as may be prescribed. (4) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. Section 51 - Provisions of Convention not to apply to certain mixtures .....