Section 1174 in The Chemical Weapons Convention Act, 2000
1174.
India is one of the original one hundred and thirty signatories to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention). The Convention was signed by the Government of India on 14th January, 1993 in Paris. The instrument of ratification was deposited on 3rd September, 1996 by the Government of India. The Chemical Weapons Convention which is a universal, multilateral and non-discriminatory disarmament Treaty has entered into force on 29th April, 1997. The Convention prohibits development, production, acquisition, transfer, use and stockpiling of all chemical weapons by the Member States. Riot control agents are also not to be used as a method of warfare. The Convention provides for destruction of all chemical weapons including old and abandoned chemical weapons by the States Parties. The States Parties have a right to develop, produce, otherwise acquire, retain transfer, and use Toxic Chemicals and Precursors for purposes not prohibited under the Convention, such as industrial, agricultural, research, medical, pharmaceuticals, protective and other peaceful purposes. It also entails a number of obligations like regular reporting of data in respect of chemicals related to Chemical Weapons Convention, Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, routine inspection of the declared facilities, Challenge Inspections at short notice on any facility or location, etc. The data will have to be collected and compiled on continuous and time bound basis from the industrial units scattered all over the country.2. The Convention provides for each State Party to adopt necessary measures to implement its obligations under the Convention in accordance with its constitutional process. To fulfil its obligations under the Convention, each State Party has to designate or establish a National Authority to serve as the national focal point for effective liaison with the Organisation for Prohibition of Chemical Weapons (OPCW) and other States Parties. To fulfil various obligations and requirements under the Convention, it is proposed to establish a National Authority. The National Authority shall be responsible for collection of data, fulfilling declaration obligations, negotiating facility agreements, coordinating inspections by the OPCW, ensuring protection of confidential information, checking declarations for accuracy. consistency and completeness, etc.3. For ensuring proper implementation of the Convention, it is proposed to make it mandatory for the persons engaged in activities relevant for the purpose of the Convention to register themselves with a registration authority.4. It is also proposed to prohibit development, production. acquisition, stockpiling, transfer and use of Chemical Weapons, use of riot control agents as a method of warfare and activities prohibited to a State Party under the Convention. The penal provisions for non-compliance of statutory requirements relating to the fulfilment of the obligations under the Convention are also proposed to be made in the Bill.5. The Bill seeks to achieve the above objects. - Gazette of India, 15-5-2000, Pt. II - Section 2, Ext. p. 130 (No. 29).[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:-
