Bare Acts

CHAPTER III PROHIBITION AND REGULATION OF CHEMICAL WEAPONS AND TOXIC CHEMICALS


emical Weapons within seven days from the
commencement of this Act:
Provided that where the knowledge about the possession or location of Old Chemical Weapons or
Abandoned Chemical Weapons is obtained after the commencement of this Act, an information about
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knowledge of such possession or location shall be given to the National Authority within seven days from
the occurrence of such knowledge.
15. Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor.—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 (i) 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 purposes specified in sub-clause (i) of clause (b); and
(ii) in accordance with the procedure set out in Part VI of the Verification Annex to the
Convention:
Provided that no Toxic Chemicals or Precursors referred to in clause (c) shall be re-transferred to any
third State.
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[16. Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2.—No person
shall transfer to, or receive from, a State which is not a party to the Convention or 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.]
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. 

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