In force · As amended up to 2026-08
38. Information as to commission of offences. —No enforcement officer, subordinate officer to enforcement officer or officer of the National Authority or the State Government or officer subordinate to such officer as is mentioned in sub-section (2) of section 22 acting in exercise of powers vested in him under any provision of this Act or any such order made thereunder shall be compelled to say when he got any information as to the commission of any offence.
38. The Technical Secretariat shall:
(a) Prepare and submit to the Executive Council the draft programme and budget of the Organization;
(b) Prepare and submit to the Executive Council the draft report of the Organization on the implementation of this Convention and such other reports as the Conference or the Executive Council may request;
(c) Provide administrative and technical support to the Conference, the Executive Council and subsidiary organs;
(d) Address and receive communications on behalf of the Organization to and from States Parties on matters pertaining to the implementation of this Convention;
(e) Provide technical assistance and technical evaluation to States Parties in the implementation of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals.
38. The members of the inspection team shall discharge their functions in accordance with the provisions of this Convention, as well as rules established by the Director-General and facility agreements concluded between States Parties and the Organization.
38. The inspectors shall conduct this verification promptly after a declaration is submitted. They shall, inter alia , verify the quantity and identity of chemicals, types and number of munitions, devices and other equipment.
38. Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy of the combined plan for destruction and verification. If there are no objections by any member of the Executive Council, the plan shall be put into action.
38. The inspected State Party shall provide access within the requested perimeter as well as, if different, the final perimeter. The extent and nature of access to a particular place or places within these perimeters shall be negotiated between the inspection team and the inspected State Party on a managed access basis.
Source: India Code