The Chemical Weapons Convention Act, 2000 · VI — ==> picture [122 x 13] intentionally omitted <==

Section 42. Punishment for contravention in relation to transfer of Toxic Chemicals, etc., listed in Schedule 2

In force · As amended up to 2026-08

42. Punishment for contravention in relation to transfer of Toxic Chemicals, etc., listed in Schedule 2. —Whoever, in contravention of any provision of this Act transfers to or receives from[1] [a State which is not a State Party 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, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees. — 43. Punishment for contravention in relation to export or import of Toxic Chemicals, etc. Whoever, in contravention of any provision of this Act, exports from or imports into India any Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to the Convention, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees. 1. Subs. by Act 36 of 2012, s. 5, for "any person" (w.e.f. 23-11-2012). 42. The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of the Director-General. 42. Detailed procedures for the conduct of inspections shall be developed for inclusion in the inspection manual by the Technical Secretariat, taking into account guidelines to be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i). Safety 42. The systematic verification shall be initiated as soon as possible after the declaration of chemical weapons is submitted and shall continue until all chemical weapons have been removed from the storage facility. It shall in accordance with the facility agreement, combine on-site inspection and monitoring with on-site instruments. 42. If required verification or destruction actions are not taken as planned, all States Parties shall be so informed. C. VERIFICATION Verification of declarations of chemical weapons production facilities through on-site inspection 42. If the inspected State Party provides less than full access to places, activities, or information, it shall be under the obligation to make every reasonable effort to provide alternative means to clarify the possible non-compliance concern that generated the challenge inspection.

Source: India Code

How this section changed

  1. substituted by Act 36 of 2012, s. 5

    In force from 23 Nov 2012

    Earlier wording: “any person”

    Footnote: 1. Subs. by Act 36 of 2012, s. 5, for "any person" (w.e.f. 23-11-2012).