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THE  WEAPONS  OF  MASS  DESTRUCTION  AND THEIR DELIVERY SYSTEMS  (PROHIBITION  OF  UNLAWFUL  ACTIVITIES) ACT, 2005

NO. 21 OF 2005    [6th June, 2005.]

An Act to prohibit unlawful activities, in relation to weapons of mass destruction and their delivery systems and for matters connected therewith or incidental thereto.

WHEREAS India is determined to safeguard its national security as a Nuclear Weapon State;

AND WHEREAS India is committed not to transfer nuclear weapons or other nuclear explosive devices, or to transfer control over such weapons or explosive devices, and not in any way to assist, encourage, or induce any other country to manufacture nuclear weapons or other nuclear explosive devices;

AND WHEREAS India is committed to prevent a non-State actor and a terrorist from acquiring weapons of mass destruction and their delivery systems;

AND WHEREAS India is committed to the objective of global nuclear disarmament;

AND WHEREAS India is committed to its obligations as a State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and  Use of Chemical Weapons and on their Destruction and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction;

AND WHEREAS India is exercising controls over the export of chemicals, organisms, materials, equipment and technologies in relation to weapons of mass destruction and their delivery systems under other relevant Acts;

AND WHEREAS it is considered necessary to provide for integrated legal measures to exercise controls over the export of materials, equipment and technologies and to prohibit unlawful activities in relation to weapons of mass destruction and their means of delivery.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1.Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.

(2)  It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2.Act in addition to other laws.

2. Act in addition to other laws.-Save as otherwise expressly provided in this Act, the provisions of this Act shall be in addition to any other relevant Act for the time being in force in relation to any matter covered under this Act.


3.Extent and application.

3. Extent and application.-(1) It extends to the whole of India including its Exclusive Economic Zone.

(2) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.

(3) Any person who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.

(4) The provisions of this Act shall also apply to -

(a) citizens of India outside India;

(b) companies or bodies corporate, registered or incorporated in India or having their associates, branches or subsidiaries, outside India;

(c) any ship, aircraft or other means  of transport registered in India or outside India, wherever it may be;

(d) foreigners while in India;

(e) persons in the service of the Government of India, within and beyond India.

(5) Notwithstanding the applicability of the provisions of any other Central Act relating to any activity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit and trans-shipment of material, equipment or technology of any description as are identified, designated, categorised or considered necessary by the Central Government, as pertinent or relevant to India as a Nuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, Covenant, Convention or arrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party.

 

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Full Text Available at::

http://indiacode.nic.in/fullact1.asp?tfnm=200521

[Irreverent]

PING

[Admin Moderator]

The link you provided doesn't work. Do you have another?

[Irreverent]

It opens in Internet Explorer only. http://indiacode.nic.in/fullact1.asp?tfnm=200521

The page showing search results from INDIA CODE is
http://indiacode.nic.in/qryactyear2.asp?txtact=2005&Page=2

You can also try visiting www.indiacode.nic.in

[Irreverent]

by the way dont you guys ever sleep?

[Admin Moderator]

Sometimes. Thanks for asking.

[familyop]

I'm not a lawyer, but the impression I received was that of honorable, courageous, responsible and caring people behind the intent of the document.