Bare Act Search Results

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 5

Title: Power to Identify, Designate, Categorise or Regulate Certain Activities

State: Central

Year: 2005

(1) The Central Government may identify, designate, categorise or regulate, the export, transfer, re-transfer, trans-shipment, or transit of any item related to relevant activity in such manner as may be prescribed. (2) The Central Government may, by order published in the Official Gazette, designate or notify any item related to relevant activity for the purposes of this Act.

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 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 13

Title: Regulation of Export, Transfer, Retransfer, Transit and Trans-shipment

State: Central

Year: 2005

.....of this Act or any other relevant Act. (2) Any transfer of technology of an item, whose export is prohibited under this Act or any other relevant Act relating to relevant activity shall be prohibited. (3) When any technology is notified under this Act or any other relevant Act, as being subject to transfer controls, the transfer of such technology shall be restricted to the extent notified thereunder. Explanation.--The transfer of technology may take place through either or both of the following modes of transfer, namely:-- (a) by a person or from a place within India to a person or place outside India; (b) by a person or from a place outside India to a person, or a place, which is also outside India (but only where the transfer is by, or within the control of, person, who is a citizen of India, or any person who is a resident in India. (4) The Central Government may notify any item as being subject to the provisions of this Act, whether or not it is covered under any other relevant Act, and when such item is exhibited, sold, supplied or transferred to any foreign entity or a foreigner who is resident, operating, visiting, studying, or conducting research or business.....

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 7

Title: Delegation of Powers

State: Central

Year: 2005

(1) Subject to the provisions of this Act and any other law for the time being in force, related to relevant activity, the Central Government shall have the power to direct or assign to any authority, in such manner as it may deem appropriate, such powers as may be necessary to implement the provisions of this Act. (2) The Central Government may appoint a Licencing Authority and an Appellate Authority, and make provisions relating to such authority and for licensing in such manner and in such form as the Central Government may, by rules, prescribed. (3) Without prejudice to the generality of the provisions contained in this Act, the authorities and mechanisms provided under other relevant Acts shall continue to deal with matters covered under those Acts: Provided that in case of any doubt as to whether a matter falls within the scope of such relevant Acts or under this Act, the decision of the Central Government thereon shall be final.

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 Section 18

Title: Penalty for Using False or Making Forged Documents, Etc

State: Central

Year: 2005

Where any person signs or uses, or causes to be signed or used, any declaration, statement or document submitted to the competent authority knowing or having reason to believe that such declaration, statement or document is forged or tampered with or is false in any material particular, and relates to items notified under this Act or any other relevant Act, including those related to relevant activity, he shall be punishable with fine which shall not be less than five lakh rupees or five times the value of the materials, equipment, technology or services, whichever is more.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 9

Title: Prohibition Relating to Non-state Actor and Terrorists

State: Central

Year: 2005

No person shall, directly or indirectly, transfer to a non-State actors or terrorists, any material, equipment and technology notified under this Act or any other Act related to relevant activity: Provided that such transfer made to a non-State actor shall not include a transfer made as such to any person acting under lawful authority in India.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 26

Title: Power to Make Rules

State: Central

Year: 2005

.....power, such rules may provide for all or any of the following matters, namely:-- (a) manner of regulating any item related to relevant activity under sub-section (1) of section 5; (b) appointment of Advisory Committees, their powers and duties under section 6; (c) appointment of Licensing and Appellate Authority and the manner of licensing under sub-section (2) of section 7; and (d) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Preamble 1

Title: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

State: Central

Year: 1974

..... WHEREAS violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State; AND WHEREAS having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner there with; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-- _______________________ 1. Published in Gazette of India (Extraordinary) Part II, section2, dated 25-11-1974 w.e.f. 19th December 1974, vide G.S.R. 690 (E), dated 16-12-1974.