The Chemical Weapons Convention Act, 2000 · V — INSPECTION, SEARCH, SEIZURE AND FORFEITURE

Section 33. Liability of Toxic Chemicals, Precursors and conveyance to confiscation

In force · As amended up to 2026-08

33. Liability of Toxic Chemicals, Precursors and conveyance to confiscation. —(1) Whenever any offence punishable under Chapter VI has been committed, the goods or in respect of which or by means of which such offence has been committed, shall be liable o confiscation. (2) Any Toxic Chemical or Precursor lawfully produced, imported into India, transported, used, purchased or sold along with, or in addition to, any goods which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any goods liable to confiscation under sub-section (1), is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. purchased or sold along with, or in addition to, any goods which is liable to confiscation under (3) Any conveyance used in carrying any goods liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the conveyance proves that it was used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance and that each of them had taken all reasonable precautions against such use. 33. The Executive Council may request the convening of a special session of the Conference. 33. The inspected State Party shall acknowledge the receipt of a notification by the Technical Secretariat of an intention to conduct an inspection, not later than one hour after receipt of such notification. 33. A State Party shall promptly notify the Technical Secretariat of any developments that could affect inspection activities at its destruction facilities. 33. The detailed plans for destruction of each chemical weapons production facility shall contain: - (a) Detailed time schedule of the destruction process; - (b) Layout of the facility; - (c) Process flow diagram; - (d) Detailed inventory of equipment, buildings and other items to be destroyed; - (e) Measures to be applied to each item on the inventory; - (f) Proposed measures for verification; - (g) Security/safety measures to be observed during the destruction of the facility; and - (h) Working and living conditions to be provided for inspectors. 33. The pre-inspection briefing shall be held in accordance with Part II, paragraph 37, of this Annex. In the course of the pre-inspection briefing, the inspected State Party may indicate to the inspection team the equipment, documentation, or areas it considers sensitive and not related to the purpose of the challenge inspection. In addition, personnel responsible for the site shall brief the inspection team on the physical layout and other relevant characteristics of the site. The inspection team shall be provided with a map or sketch drawn to scale showing all structures and significant geographic features at the site. The inspection team shall also be briefed on the availability of facility personnel and records.

Source: India Code