Act34
Enacted 2000

The Chemical Weapons Convention Act, 2000

In force 56 sections Chemicals and Fertilizers

An Act to give effect to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to provide for matters connected therewith or incidental thereto.

Act 34 of 2000 Enacted 26 Aug 2000 In force 01 Jul 2005 Department Department of Chemicals and Petro-Chemicals

Administered by. Ministry of Chemicals and Fertilizers, Department of Chemicals and Petro-Chemicals · Other Acts of 2000

Preamble

THE CHEMICAL WEAPONS CONVENTION ACT, 2000

ACT NO. 34 OF 2000

[26th August, 2000.] An Act to give effect to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to provide for matters connected therewith or incidental thereto.

WHEREAS a Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was signed on behalf of the Government of India at Paris on the 14th day of January, 1993;

AND WHEREAS India, having ratified the said Convention, has to make provisions for giving effect thereto and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--

What this Act covers

Summary of the Chemical Weapons Convention Act, 2000

Key Provisions

1. Prohibitions & Penalties

• Chemical Weapons & Toxic Chemicals/Precursors:

Prohibition: Development, production, acquisition, stockpiling, retention, use, transfer, and export/import of Chemical Weapons and specified Toxic Chemicals/Precursors.

• Penalty for Violation:

Chemical Weapons & Schedule 1 Substances: Imprisonment (1 year to life), and/or fine up to ₹1 lakh.

Schedule 2 Substances (to/from non-State Parties): Imprisonment (1 year to life), and/or fine up to ₹1 lakh.

• Export/Import Violations (Schedules 1-3): Imprisonment (1 year to life), and/or fine up to ₹1 lakh.

• Disclosure of Confidential Information: Imprisonment details not fully specified in the provided context.

2. Regulatory & Enforcement Measures

3. National Authority: - Oversees compliance, regulates Toxic Chemicals/Precursors, and interacts with the international organization. Example: Ensures declarations and inspections are conducted as per the Convention.

4. Enforcement Officers: - Empowered for inspections, searches, seizures, and forfeitures to prevent and punish violations.

Sections

Type to filter. 56 sections.

  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
  6. 6Establishment of National Authority
  7. 7Powers and functions of National Authority
  8. 8National Authority to submit initial, annual and other periodical declaration to Organization
  9. 9Appointment of enforcement officers
  10. 10Power of National Authority to issue directions
  11. 11Power of Central Government to constitute Committee
  12. 12Power of National Authority to call for information, etc
  13. 13Prohibition to develop, produce, acquire, etc., Chemical Weapons
  14. 14Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority
  15. 15Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor
  16. 16Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2
  17. 17Export or import to be made in accordance with Export and Import Policy
  18. 18Registration of person engaged in production, etc., of any Toxic Chemical or Precursor
  19. 19Power of Inspector to inspect any person or place
  20. 20Enforcement officer to enter into any place for examining and testing facility or to conduct search
  21. 21Certain acts to constitute an offence
  22. 22Power to issue warrant and authorisation
  23. 23Power of entry, search, seizure and arrest without warrant or authorisation
  24. 24Power of seizure and arrest in public places
  25. 25Procedure where seizure of goods liable to confiscation not possible
  26. 26Power to stop and search conveyance
  27. 27Conditions under which search of persons be conducted
  28. 28Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
  29. 29Disposal of persons arrested and goods seized
  30. 30Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
  31. 31Police to take charge of goods seized and delivered
  32. 32Report of arrest and seizure
  33. 33Liability of Toxic Chemical, Precursor and conveyance to confiscation
  34. 34Confiscation of Goods used for concealing Toxic Chemicals or Precursors
  35. 35Confiscation of sale proceeds of goods
  36. 36Procedure in making confiscation
  37. 37Power to call for information, etc
  38. 38Information as to commission of offences
  39. 39Punishment for failure to register
  40. 40Punishment for contravention in relation to development, production, etc., of Chemical Weapons or riot control agents, etc
  41. 41Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1
  42. 42Punishment for contravention in relation to transfer of Toxic Chemical, etc., listed in Schedule 2
  43. 43Punishment for contravention in relation to export or import of Toxic Chemicals, etc
  44. 44Punishment for contravention in relation to disclosure of confidential information
  45. 45Punishment for contravention in relation to denial of access
  46. 46Punishment for contravention in relation to failure to furnish information, declaration or return
  47. 47Offence punishable under section 46 to be cognizable
  48. 48Offences by companies
  49. 49Prosecution of offences
  50. 50Appeals from the decision of National Authority
  51. 51Provisions of Convention not to apply to certain mixtures
  52. 52Protection of action taken in good faith
  53. 53Power to delegate
  54. 54Officers to be public servants
  55. 55Removal of difficulties
  56. 56Power to make rules

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Chemical Weapons Convention (Amendment) Act, 201234 of 2012

Rules made under this Act

24 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Chemical Weapons Convention Rules 20162016
  • S.O 2813 (E) Amendment in the notification SO 1490 (E)2015
  • S.O. 745(E).Chemical Weapons Convention (Criteria for Appointment as Enforcement Officer) Rules, 20142014
  • SO 3405 (E) Regarding Amendment to Notification No. S.O. 1490 (E) dt. 13.09.2006 under Chemical Weapons Convention Act 2000 (34 of 2000)2013
  • SO 1064(E) Dated 11.05.2012 regarding further amendment S.O.1490(E)2012
  • SO 2776 (E) Regarding Central Govt. appoints the date 23.11.2012 as the date on which the provisions of Chemical Weapon Convention (Amendment) Act, 2012 (36 of 2012) shall come into force.2012
  • SO 848 (E) Central Govt. specifies exemptions under the provisions of the Chemical Weapons Convention Act 2000 (34 of 2000)2012
  • CWC Public Notice 01/2011 Regarding Appointment of officers as National Authority2011
  • S.O. 1894 (E) further amendment in S.O 1490 (E)2011
  • S.O. 1495 (E) further amendment in S.O 1490 (E)2010
  • S.O. 295 (E) further amendment in S.O 1439 (E)2010
  • S.O 3062 (E) Amendment in the notification SO 1490 (E)2009
  • S.O. 654 (E) further amendment in S.O 1490 (E)2009
  • S.O. 1908 (E) further amendment in S.O 1490 (E)2008
  • S.O. 128 (E) further amendment in S.O 2148 (E)2007
  • S.O. 1439 (E) further amendment in S.O 128 (E)2007
  • S.O. 1988 (E) further amendment in S.O 1439 (E)2007
  • S.O. 1490 (E) further amendment in S.O 821 (E)2006
  • S.O. 2148 (E) further amendment in S.O 1490 (E)2006
  • SO 1491 (E) Regarding appointment of officers as the Officers of the National Authority.with powers and functions of Enforcement Officers for the purpose of Chemical Weapons Convention Act, 2000 (34 of 2000)2006
  • CWC Appeal Rules 20052005
  • SO 818 (E) Appointing the date i.e 1.7.2005 as the date on which the provisions of the Chemical Weapons Convention Act, 2000 (34 of 2000), except the provisions of Section 18 and 39 come into force2005
  • SO 819 (E) Regarding constitution of a Committee to be called the Steering Committee for the purpose of overseeing the function of National authority, under Chemical Weapons Convention Act , 2000 (34 of 2000)2005
  • SO 820(E) Regarding establishing an authority to be known as National Authority for implementing the provisions of the convention on the prohibition of the development, production, stockpiling and use of the chemical weapons and their destruction signed on behalf of the Govt. of India, under Chemical Weapons Convention Act, 2000 (34 of 2000)2005

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 56 sections of this Act has its own page. This page is not a substitute for legal advice.