 bill no  xxii of  2010 the chemical weapons convention (amendment) bill, 2010 a billto amend the chemical weapons convention act, 2000be it enacted by parliament in the sixty-first year of the republic of india as  follows:—34 of 2000amendment of section 92 in the chemical weapons convention act, 2000 (hereinafter referred to as the principal act), in section 9, in sub-section (1), after the words "national authority'', the words " or  the central government'' shall be inserted3 for section 16 of the principal act, the following section shall be substituted, namely:—5substitution of new section for section16"16 no person shall transfer to,  or receive from,  a state which is not a party  to the convention, any toxic chemical or precursor listed in schedule 2 in the  annex on chemicals to the convention"restriction on transfer oftoxic chemical or precursor listed in schedule 24 in section 18 of the principal act,—amendmentof section 1810 15 20(a) in sub-section (1), in the opening portion, for the words "every person who is", the words "subject to such exemptions and thresholds as may be prescribed, every person who is" shall be substituted;(b) in sub-section (2), in the opening portion, for the words "no person,  who after the commencement of this act", the words "subject to such exemptions and thresholds as may be prescribed, no person, who after the coming into force of this section" shall be substituted;(c) in sub-section (4), after the words "a certificate of registration", the words"subject to such terms and conditions as may be prescribed'' shall be inserted;(d) after sub-section (5), the following sub-section shall be inserted, namely:—"(6) every person, to whom a certificate of registration is granted under sub-section (4), shall furnish to the central government periodically, or, as and when required, such information, declaration or return as may be prescribed''5 in section 42 of the principal act, for the words "any  person who is not a citizen of a state party", the words "a state which is not a state party" shall be substitutedamendment of   section 4225amendment of section 5630 356 in section 56 of the principal act, in sub-section (2), for clause (c), the following clause shall be substituted, namely:—"(c) the exemptions and  thresholds  under sub-sections (1) and (2) of section18, 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 section 18 and information, declaration or return to be furnished under sub-section (6) of that section;'' statement of objects and reasonsthe convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction was singed on behalf of the government of india at paris on the 14th day  of january, 1993 the chemical weapons convention act, 2000 was enacted to give effect to the said convention and to provide for matters connected therewith or incidental thereto2 sub-section (1) of section 9 of the chemical weapons convention act, 2000 confers power upon the central government to appoint such of the officers of the national authority, as it thinks fit, to be enforcement officers for the purposes of the said act it is proposed to amend the said sub-section (1) of section 9 to widen its scope and confer upon the central government the power also to appoint any of its officers as enforcement officers under the said act3 section 16 of the said act contains provisions for restriction on transfer of any toxic chemical or precursor listed in schedule 2 in  the annex on chemicals to the said convention it provides that no person shall, three years after the 29th day of april, 1997, transfer to or receive from 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 it is proposed to amend the said section to provide that no person shall transfer to,  or receive from, a state which is not a party to the convention, any toxic chemical or precursor listed in schedule 2 in the annex on chemicals4 the provisions of the aforesaid act, except sections 18 and 39, were brought into force on the 1st  july, 2005 section 18 of the aforesaid act relates to the provisions of registration of person engaged in the production,  processing, acquisition, consumption, transfer, import, export or use of any toxic  chemical or precursor listed in any of the schedules 1 or 3 in the annex on chemicals to the convention or, engaged in the production of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine  and section 39 of the aforesaid  act  relates to the punishment for infringement of section 18 the existing provisions of section 18 do not specify any threshold limit for registration of chemicals covered under the said convention in order to bring the said section 18 of the act in alignment with the said convention and for proper implementation of the said act, it is proposed to amend the said section, inter alia, to provide that—(a)the scope of sub-sections (1) and (2) shall be subject to such exemptionand threshold as may be prescribed by the rules made by the central government;(b)the grant of a certification of the registration under sub-section (4) of thesaid section shall be subject to such terms and condition as may be specified by rules made by the central government;(c)every person to whom the certificate of registration is granted shall furnishto the central government periodically or as and when required under sub-section (6) such information, declaration and return as may be prescribed by the rules made by the central government5 section 42 of the said act provides for the punishment for contravention in relation to transfer of toxic chemicals, etc, listed in  schedule 2 in the annex on chemicals it provides that whoever, in contravention of any provision of this act, transfers  to or receives from 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 in the light of the amendment proposed in section 16, it is proposed to make necessary consequential amendments in section 426 it is also proposed to make consequential amendments in section 56 of the said act which empowers the central government to make rules7 the bill seeks to achieve the above  objectivesnew delhi;the 24th february, 2010srikant kumar jena financial memorandumclause 2 of the bill seeks to empower the central government to appoint the officers of the central government as enforcement officers for the purpose of implementation of the provisions of the act hence, there is no new appointment involved2 no recurring or non-recurring expenditure is likely to be involved in implementing the provisions of the bill memorandum  regarding  delegated  legislationclause 2 of the bill seeks to empower the central government to appoint,  by  notification in the official gazette, the officers of the central government as enforcement officers2 clause 3 of the bill seeks to empower the central government to make rules to provide—(i) exemptions and thresholds for registration under sub-sections (1) and (2) of section 18;(ii) the terms and conditions for granting a certificate of registration for the purpose of sub-section (4) of section 18;(iii) for any information, declaration or return to be furnished periodically by the person to whom a certificate of registration is granted under sub-section (6) of section 18 3 the matters in respect of which rules may be made or notification may be issued under the aforesaid provisions relate to administrative details and procedure and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the chemical weapons convention act, 2000 (34 of 2000)    9 (1) the central government may, by notification in the official gazette, appoint such of the officers of the national authority as it thinks fit to be enforcement officers for the purposes of this actappointment of enforcement officers   16 no person shall, three years after the 29th day of april, 1997, transfer to or receive from 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    restriction on transfer oftoxicchemical orprecursor listed in schedule 2 chapter iv registration of persons as producers, users, etcregistration of persons engaged in production, etc, of any toxic chemical orprecursor18 (1) every person who is engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or, engaged in the production of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine shall make, within thirty days from the commencement of this act, an application for registration of his name, as a producer, processor, acquirer, consumer, transferor, importer, exporter or user of any toxic chemical or precursor or, as the case may be, as a producer of any discrete organic chemicals including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, to such registration authority as the central government may, by notification in the official gazette, specify in this behalf(2) no person, who after the commencement of this act, desires to produce, process, acquire, consume, transfer, import, export or use any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or,  desires to produce any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, shall commence business unless such person has applied to the registration authority specified under sub-section (1) for registration of his name as a producer, processor, acquirer, consumer, transferor, importer, exporter or user of any toxic chemical or precursor or, as the case may be, as a producer of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine(4) on receipt of the application referred to in sub-section (1) or sub-section (2), the registration authority shall, if the application is in the prescribed form, register the name of the applicant and grant him a certificate of registration42  whoever, in contravention of any provision of this act transfers to or receives from 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|                ||-----------------|| punishment      || for             || contravention   || in relation to  || transfer  of    || toxic           || chemicals,      || etc, listed in || schedule 2     |power to make rules56 (1)     (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:—    (c) 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 and the period for which a renewed certificate of registration may be issued and the amount of fee payable therefor under sub-section (5) of that section;    rajya   sabha———— a billto amend the chemical weapons convention act, 2000————(shri srikant kumar jena, minister of state in the ministry of chemicals and fertilizers)gmgipmrnd—1498rs(s5)—08-04-2010