The Chemical Weapons Convention Act, 2000 · VII — MISCELLANEOUS

Section 56. Power to make rules

In force · As amended up to 2026-08

56. Power to make rules. THE SCHEDULE. THE CHEMICAL WEAPONS CONVENTION ACT, 2000 ACT NO. 34 OF 2000 [26 th August , 2000.] 56. Power to make rules. —(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the Directors under sub-section (3) of section 6, and the salary and allowances payable to and other terms and conditions of service of officers and other employees of the National Authority under sub-section (4) of that section; (b) other functions of the National Authority that may be prescribed under clause (v) of sub-section (2) of section 7; 1[(ba) the criteria which the officers are required to fulfil under sub-section (1) of section 9;] 2[(c) the exemptions and thresholds under sub-sections (1) and (2) of section 18, the form of application, the particulars to be contained in the application form, the form of certificate of registration, the manner of making application, the amount of fee payable, the procedure to be followed in granting or cancelling certificate of registration under sub-section (3) of section 18, the terms and conditions for granting a certificate of registration under sub-section (4) of section 18, the period for which a renewed certificate of registration may be issued and the amount of fee payable therefor under sub-section (5) of sub-section 18, and information, declaration or return to be furnished under sub-section (6) of that section;] (d) the time within which appeal may be preferred under sub-section (1) of section 50; (e) the form for making appeal and the fee to be accompanied therewith under sub-section (3) of section 50; (f) the procedure for disposing of appeal under sub-section (4) of section 50; (g) any other matter which is to be, or may be, prescribed. 56. The Director-General shall have the primary responsibility for the security, integrity and preservation of samples and for ensuring that the confidentiality of samples transferred for analysis off-site is protected. The Director-General shall do so in accordance with procedures, to be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i), for inclusion in the inspection manual. He shall: preservation of samples and for ensuring that the confidentiality of samples transferred for analysis (a) Establish a stringent regime governing the collection, handling, transport and analysis of samples; (b) Certify the laboratories designated to perform different types of analysis; (c) Oversee the standardization of equipment and procedures at these designated laboratories, mobile analytical equipment and procedures, and monitor quality control and overall standards in relation to the certification of these laboratories, mobile equipment and procedures; and (d) Select from among the designated laboratories those which shall perform analytical or other functions in relation to specific investigations. (3) Every notification issued under sub-section (2) of section 3, any declaration made under section 5, every order made under section 55 and every rule made under section 56 shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, order or rule or both Houses agree that the notification, order or rule should not be issued or made, the notification, order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification, order or rule. 2. Subs. by s. 6, ibid., for clause (c) (w.e.f. 23-11-2012). 56. The agreed detailed plans for verification, with an appropriate recommendation by the Technical Secretariat, shall be forwarded to the Executive Council for review. The Executive Council shall review the plans with a view to approving them, consistent with verification objectives and obligations under this Convention. It should also confirm that verification schemes for destruction are consistent with verification aims and are efficient and practical. This review should be completed not less than 180 days before the destruction period begins. 56. When all items on the declared inventory have been destroyed, the Technical Secretariat shall confirm the declaration of the State Party to that effect. After this confirmation, the Technical Secretariat shall terminate the systematic verification of the chemical weapons production facility and shall promptly remove all devices and monitoring instruments installed by the inspectors. 56. Throughout the in-country period, the inspected State Party shall provide or arrange for the amenities necessary for the observer such as communication means, interpretation services, transportation, working space, lodging, meals and medical care. All the costs in connection with the stay of the observer on the territory of the inspected State Party or the Host State shall be borne by the requesting State Party. Duration of inspection

Source: India Code

How this section changed

  1. substituted, s. 6

    In force from 23 Nov 2012

    Footnote: 2. Subs. by s. 6, ibid., for clause (c) (w.e.f. 23-11-2012).