Section 9 in The Chemical Weapons Convention Rules, 2016
9. Other functions of the Authority.
-I. Submission of declarations. -(1)The Authority, for the purposes of submission of various declarations to the Organization, as obligated under the Convention, shall have the powers to call for any information pertaining to the Act from any person or agency which, in its opinion, is likely to have the information.(2)The Authority shall submit 'Annual Declarations of Past Activities (ADPA)' to the Organization ninety days after the end of each year.(3)All declarable facilities shall submit their individual declarations so as to reach the Authority on or before the 15th day of February of the coming year or any other date as may be fixed by the Authority from time to time.(4)The Authority shall submit the 'Annual Reporting of Information on National Programmes for Protection Against Chemical Weapons for the Previous Calendar Year' to the Organization not later than one hundred and twenty days after the end of each year.(5)All concerned agencies shall submit the information so as to reach the Authority on or before the last day of February of the year or any other date as may be fixed by the Authority from time to time.(6)The Authority shall submit the 'Annual Declarations of Anticipated Activities (ADAA)' to the Organization ninety days before the beginning of the following calendar year in case of scheduled chemical facilities belonging to Schedule 1 category and not later than sixty days before the beginning of the following calendar year in case of scheduled chemical facilities belonging to Schedule 2 and Schedule 3 categories.(7)All declarable facilities belonging to Schedule 1 category and all declarable facilities belonging to Schedules 2 and 3 categories shall submit their individual declarations so as to reach the Authority on or before the 15th day of September and the 10th day of October respectively, or any other dates as may be fixed by the Authority from time to time.(8)The formats for submission of declarations to the Organization under this rule by the Authority, shall be as notified by the Organization from time to time.(9)Various types of declarable facilities shall submit additional information to the Authority in the following forms, namely:(i)Form 2.0 - For Schedule 2 facility(ii)Form 3.0 - For Schedule 3 facility(iii)Form 4.0 - For Other Chemical Production facility(iv)Form 5.0 - For exporters/importers of Schedule 2 and Schedule 3.(10)Any change in the form specified under sub-rule (9) shall be notified by the Authority in its official website.(11)The Authority shall endeavor to receive, process and transmit declarations electronically and take necessary steps to achieve complete digitization of all processes relating to declarations in a phased manner.(12)The concerned agency shall submit to the Authority not later than twenty days, whenever there is any change in the chemicals for use as riot control agents in India.II. Inspections. -(1)It shall be the general duty of the Authority to conduct inspections of chemical facilities in the country in accordance with the provisions of the Convention and with the mandate given to the inspection team by the Organization.(2)For the purpose of carrying out inspections under sub rule (1), the Authority shall take necessary steps including. -(a)immediately acknowledging receipt of the intimation of inspection from the Organization;(b)intimating the chemical facility to be inspected of the date, duration, purpose and scope of the inspection as well as the rights and responsibilities of the facility thereof;(c)informing the district administration and the concerned State Government for local support and facilitation;(d)deputing escort officers for each inspection;(e)designating the team leader as representative of the Inspected State Party; and(f)any other action, which in its opinion would be required to conduct the inspection in accordance with the Convention.(3)The escort officers deputed by the Authority under clause (d) of sub-rule (2) may perform all or any of the following functions, namely:-(a)receiving the inspection team at the point of entry and accompanying the inspection team throughout its stay in the territory of India including making all logistic and stay arrangements till their departure through the point of exit;(b)liaising with local officials for ensuring safety and securing necessary assistance for proceeding with the inspection activities;(c)assisting the inspection team at all stages including pre-inspection briefing, physical inspection, site tour, review of records and writing of the preliminary finding report.(4)The team leader designated under clause (e) of sub-rule (2) shall perform all or any of the following functions, namely:-(a)coordinating the interaction between the inspected facility and the inspection team;(b)advising the inspected facility as to their rights and responsibilities during the inspection;(c)assist the inspected facility to furnish the documents or clarifications required by the inspection team;(d)signing of documents as the representative of the inspected State Party; and(e)ensuring that the inspection does not become unduly intrusive to the inspected facility.(5)The inspection team shall be allowed to enter and leave the territory of India only through New Delhi which shall be designated as the sole point of entry and exit.Provided that the Authority shall change or add any point of entry or exit only with the prior permission of the Central Government.(6)The Authority may carry out inspection of any building or place, which in its opinion, is carrying out any activity contrary to the objects and purposes of the Act.(7)The Authority may depute any official of the Authority or of the Central Government to function as In-Country Escort for the In-Country Period during any inspection.(8)All concerned agencies shall take necessary steps to ensure that members of the inspection team receive all the privileges and immunities which they are entitled to, under the Convention. Provided that the Authority shall bring to the notice of the Central Government whenever breaches on these immunities and privileges are not acted upon adequately by any concerned agency.III. Training. -(1)The Authority shall function as the nodal agency for facilitating the participation of its officials and other Indian nationals in the training courses conducted or coordinated with the Organization and also other institutions working in the area related to the Convention.(2)The Authority may publish training calendar of the Organization, invite applications from eligible persons and select the candidates for the training based on suitability of the training course and the merit of the candidate.(3)The Authority shall maintain a database of the persons who have received trainings and maintain the reports for future use.IV. Education and outreach. -(1)It shall be the duty of the Authority to take all necessary steps to create awareness of the Convention and the Act amongst all concerned agencies, other stakeholders and the public at large.(2)The Authority may organize or conduct meetings, workshops, seminars, conferences at regional, national or international levels, for the effective implementation of the Convention and the Act.(3)The Authority may approve and fund internships or research projects on any matter connected with the Convention or the Act.V. Miscellaneous functions and powers. -(1)It shall be the duty of the Authority to provide all information and assistance required by the Steering Committee to discharge its functions under section 11 of the Act.(2)The Authority shall prepare and submit annual report to the Steering Committee which shall contain the main activities and events of the previous financial year.(3)It shall be the endeavor of the Authority to have the meeting of the Steering Committee convened at least twice every year.(4)When called upon to do so, the Authority shall give its inputs and opinion to the Central Government for it to take decision on any matter relating to implementation of the Convention in India or anywhere in the world.(5)The Authority shall coordinate with all concerned agencies for better compliance to the provisions of the Act by taking appropriate steps in improving quality of annual declarations, carrying out internal inspections of chemical facilities in India, simplifying and enhancing efficiency of Organization inspections, monitoring export and import of scheduled chemicals, enhancing use of electronic systems for collection and processing of information relating to the Act, simplification and standardization of procedure.(6)The Authority shall communicate to the Organization as soon as possible, of objections, if any, of the Central Government on granting to any person access to India for any purposes related to the Convention.(7)The Authority may recommend to any concerned agency of relaxation of procedure or waiver of documents, if it is of opinion that such action is necessary or likely to facilitate better implementation of the Convention or the Act.(8)The Central Government may, by general or special order, from time to time, assign such other functions to the Authority for the purposes of carrying out the provisions of the Act.(9)The Authority shall decide its own procedure for conducting its business under the Act.(10)The Authority may invite any outside person as expert to take part in any of its meeting in addition to representative from the concerned agencies.AnnexureForm 2.0[See rule 9 (9)]Declaration of Schedule 2 FacilitiesPlease complete one form for each plant site.Plant Site Code:
