(1) This Act may be called the Weapons of Mass Destructionand their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.

(2) It shall come into force on such date ¹as the Central Government may, by notification in theOfficial Gazette, appoint.

1 17th November, 2006, vide notification No. S.O. 1990(E), dated 17th November, 2006, see Gazette of India, Extraordinary,Part II, sec. 3(ii).

--Save as otherwise expressly provided in this Act, the provisionsof this Act shall be in addition to any other relevant Act for the time being in force in relation to anymatter covered under this Act.

(1) It extends to the whole of India including its Exclusive EconomicZone.

(2) Every person shall be liable to punishment under this Act for every act or omission contrary to theprovisions 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 bedealt with according to the provisions of this Act in the same manner as if such act had been committed inIndia.

(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 itmay 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 anyactivity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit andtrans-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 aNuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or itsinternational obligations under any bilateral, multilateral or international treaty, Covenant, Convention orarrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party.

In this Act, unless the context otherwise requires,--

(a) "biological weapons" are/--

(i) microbial or other biological agents, or toxins whatever their origin or method ofproduction, of types and in quantities that have no justification for prophylactic, protective orother peaceful purposes; and

(ii) weapons, equipment or delivery systems specially designed to use such agents or toxinsfor hostile purposes or in armed conflict;

(b) "brought in transit" means to bring goods from any country into India by land, air, oramphibious means of transportation, where the goods are to be taken out from India on the sameconveyance on which they are brought into India without any landing in India, but does not include aconveyance in innocent passage through Indian territory, Indian territorial waters or Indian airspaceof a foreign conveyance carrying goods.

Explanation I. -- A conveyance is a foreign conveyance if it is not registered in India.

Explanation II. - A conveyance is in innocent passage if it is not engaged in relevantactivity and passes through or above Indian territorial waters or airspace without stopping oranchoring in India;

(c) "chemical weapons" means,--

(i) the toxic chemicals and their precursors, except where intended for

(a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

(b) protective purposes, namely those purposes directly related to protection against toxicchemicals and to protection against chemical weapons;

(c) military purposes not connected with the use of chemical weapons and not dependenton the use of the toxic properties of chemicals as a method of warfare; or

(d) law enforcement including domestic riot control purposes;

as long as the types and quantities are consistent with such purposes;

(ii) the munitions and devices, specifically designed to cause death or other harm through thetoxic properties of those toxic chemicals specified in sub-clause (i), which would be released as aresult of the employment of such munitions and devices; and

(iii) any equipment specifically designed for use directly in connection with the employmentof munitions and devices specified in sub-clause (ii),together or separately;

(d) "export" shall have the meaning assigned to this expression in the Foreign Trade(Development and Regulation) Act, 1992 (22 of 1992);

(e) "fissile material" and "radioactive material" shall have the meanings assigned to theseexpressions in the Atomic Energy Act, 1962 (33 of 1962);

(f) "item" means materials, equipment, and technology, of any description, notified under this Actor any other Act related to relevant activity;

(g) "non-State actor" is a person or entity not acting under the lawful authority of any country;

(h) "nuclear weapon or other nuclear explosive device" means any nuclear weapon or othernuclear explosive device as may be determined by the Central Government, whose determination inthe matter shall be final;

(i) "public domain" means domain that has no restrictions upon dissemination of informationwithin or from it; the existence of any legal rights to intellectual property in that information does notremove such information from being in public domain;

(j) "relevant activity" means,--

(i) the development, production, handling, operation, maintenance, storage or disseminationof a nuclear, chemical or biological weapon; or

(ii) the development, production, maintenance, storage or dissemination of missiles speciallydesigned for delivering any such weapon;

(k) "re-transfer" means transfer of any item notified under this Act from any country or entity towhich it has been exported from India, to yet another country or entity;

(l) "technology" means any information (including information embodied in software) other thaninformation in the public domain, that is capable of being used in--

(i) the development, production or use of any goods or software;

(ii) the development of, or the carrying out of, an industrial or commercial activity or theprovision of a service of any kind.

Explanation. - When technology is described wholly or partly by reference to the uses to which it(or the goods to which it relates) may be put, it shall include services which are provided or used, orwhich are capable of being used, in the development, production or use of such technology or goods;

(m) "terrorist" shall have the meaning assigned to this expression in the Unlawful Activities(Prevention) Act, 1967 (37 of 1967);

(n) "trans-shipment" means to remove goods from the conveyance on which they were broughtinto India and to place the goods on the same or another conveyance for the purpose of taking themout of India, where these acts are carried out on a" through bill of lading", through airway bill orthrough manifest.

Explanation. - "through bill of lading", "through airway bill" and "through manifest" meansrespectively a bill of lading, airway bill and manifest, for the consignment of goods from a placeoutside India to a destination which is also outside India without a consignee in India;

(o) "unlawful" means without the authority of the Central Government and the expression"unlawfully" shall be construed accordingly;

(p) "weapons of mass destruction" means any biological, chemical or nuclear weapons.

(1) The CentralGovernment may identify, designate, categorise or regulate, the export, transfer, re-transfer, transshipment,or transit of any item related to relevant activity in such manner as may be prescribed.

(2) The Central Government may, by order published in the Official Gazette, designate or notify anyitem related to relevant activity for the purposes of this Act.

For the purposes of this Act, the Central Governmentmay appoint such Advisory Committees as it deems fit, and may appoint to them persons to exercise suchpowers and perform such duties as the Central Government may, by rules, prescribe.

(1) Subject to the provisions of this Act and any other law for the timebeing in force, related to relevant activity, the Central Government shall have the power to direct orassign to any authority, in such manner as it may deem appropriate, such powers as may be necessary toimplement the provisions of this Act.

(2) The Central Government may appoint a Licensing Authority and an Appellate Authority andmake provisions relating to such authority and for licensing in such manner and in such form, as theCentral Government may, by rules, prescribe.

(3) Without prejudice to the generality of the provisions contained in this Act, the authorities andmechanisms provided under other relevant Acts shall continue to deal with matters covered under thoseActs:

Provided that in case of any doubt as to whether a matter falls within the scope of such relevant Actsor under this Act, the decision of the Central Government thereon shall be final.

(1) No person shall unlawfullymanufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive deviceand their means of delivery.

(2) No person shall unlawfully transfer, directly or indirectly, to any one a nuclear weapon or othernuclear explosive device, or transfer control over such a weapon, knowing it to be a nuclear weapon orother nuclear explosive device.

(3) No person shall unlawfully manufacture, acquire, possess, develop or transport a biological orchemical weapon or their means of delivery.

(4) No person shall unlawfully transfer, directly or indirectly, to any one biological or chemicalweapons.

(5) No person shall unlawfully transfer, directly or indirectly, to any one missiles specially designedfor the delivery of weapons of mass destruction.

No person shall, directly or indirectly,transfer to a non-State actor or terrorist, any material, equipment and technology notified under this Act orany other Act related to relevant activity:

Provided that such transfer made to a non-State actor shall not include a transfer made as such to anyperson acting under lawful authority in India.

No person shall transfer, acquire, possess, ortransport fissile or radioactive material, which is intended to be used to cause, or in a threat to cause,death or serious injury or damage to property for the purpose of intimidating people or a section of thepeople in India or in any foreign country, or compelling the Government of India or the Government of aforeign country or an international organisation or any other person to do so or abstain from doing anyact.

No person shall export any material, equipment or technology knowingthat such material, equipment or technology is intended to be used in the design or manufacture of abiological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in theirmissile delivery systems.

No person who is a resident in India shall, for a consideration underthe terms of an actual or implied contract, knowingly facilitate the execution of any transaction which isprohibited or regulated under this Act:

Provided that a mere carriage, without knowledge, of persons, goods or technology, or provision ofservices, including by a public or private carrier of goods, courier, telecommunication, postal serviceprovider or financial service provider, shall not be an offence for the purposes of this section.

(1) No item notifiedunder this Act shall be exported, transferred, re-transferred, brought in transit or transhipped except inaccordance with the provisions of this Act or any other relevant Act.

(2) Any transfer of technology of an item whose export is prohibited under this Act or any otherrelevant Act relating to relevant activity shall be prohibited.

(3) When any technology is notified under this Act or any other relevant Act, as being subject totransfer controls, the transfer of such technology shall be restricted to the extent notified thereunder.

Explanation.--The transfer of technology may take place through either or both of the followingmodes of transfer, namely:

(a) by a person or from a place within India to a person or place outside India;

(b) by a person or from a place outside India to a person, or a place, which is also outside India(but only where the transfer is by, or within the control of, person, who is a citizen of India, or anyperson who is a resident in India).

(4) The Central Government may notify any item as being subject to the provisions of this Act,whether or not it is covered under any other relevant Act; and when such item is exhibited, sold, suppliedor transferred to any foreign entity or a foreigner who is resident, operating, visiting, studying, orconducting research or business within the territorial limits of India, or in its airspace or ExclusiveEconomic Zone, it shall constitute an offence.

Any person who contravenes, or attempts to contravene or abets, theprovisions of section 8 or section 10 of this Act, shall be punishable with imprisonment for a term whichshall not be less than five years but which may extend to imprisonment for life, and shall also be liable tofine.

(1) Any person who, with intent to aidany non-State actor or terrorist, contravenes the provisions of section 9 of this Act, shall be punishablewith imprisonment for a term which shall not be less than five years but which may extend toimprisonment for life, and shall also be liable to fine.

(2) Any person who, with intent to aid any non-State actor or terrorist, attempts to contravene orabets, or does any act preparatory to contravention of sub-section (1), shall be deemed to havecontravened that provision and the provision of sub-section (1) shall apply subject to the modification thatthe reference to imprisonment for life therein shall be construed as a reference to imprisonment for tenyears.

(3) While determining the punishment under this section, the court shall take into considerationwhether the accused had the knowledge about the transferee being a non-State actor or not.

(1) Any person who knowingly contravenes, abets orattempts to contravene, the provisions of sub-section (4) of section 13 of this Act, shall be punishablewith fine which shall not be less than three lakh rupees and which may extend to twenty lakh rupees.

(2) If any person is again convicted of the same offence under sub-section (1), then he shall bepunishable for the second and every subsequent offence with imprisonment for a term which shall not beless than six months but which may extend to five years and shall also be liable to fine.

(1) Where any person contravenes,or abets or attempts to contravene, any provision of this Act other than the provisions under sections 8, 9,10 and sub-section (4) of section 13 of this Act, he shall be punishable with imprisonment for a termwhich shall not be less than six months but which may extend to five years and shall also be liable to fine.

(2) If any person is again convicted of the same offence under sub-section (1), then he shall bepunishable for the second and every subsequent offence with imprisonment for a term which shall not beless than one year but which may extend to seven years and shall also be liable to fine.

Where any person signs or uses, orcauses to be signed or used, any declaration, statement or document submitted to the competent authorityknowing or having reason to believe that such declaration, statement or document is forged or tamperedwith or is false in any material particular, and relates to items notified under this Act or any other relevantAct, including those related to relevant activity, he shall be punishable with fine which shall not be less than five lakh rupees or five times the value of the materials, equipment, technology or services,whichever is more.

Whoevercontravenes any other provision of this Act or any rule or order made thereunder for which no specificpunishment is provided, shall be punishable with imprisonment for a term which may extend to one year,or with fine, or with both.

(1) Where an offence under this Act has been committed by acompany, every person who at the time the offence was committed was in charge of, and was responsibleto, the company for the conduct of the business of the company as well as the company, shall be deemedto be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to anypunishment, if he proves that the offence was committed without his knowledge or that he had exercisedall due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has beencommitted by a company and it is proved that the offence has been committed with the consent orconnivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or otherofficer of the company, such director, manager, secretary or other officer shall be deemed to be guilty ofthat offence and shall be liable to be proceeded against and punished accordingly.

Explanation. - For the purposes of this section

(a) "company" means any body corporate and includes a firm and other association ofindividuals; and

(b) "director", in relation to a firm, means a partner in the firm.

No Court shall take cognizance of any offence under this Act withoutthe previous sanction of the Central Government or any officer authorised by the Central Government inthis behalf.

No action or proceedings taken under section 5 and subsections(1) and (2) of section 7 of this Act by the Central Government or any officer authorised by it inthis behalf shall be called in question in any civil court in any suit or application or by way of appeal orrevision, and no injunction shall be granted by any civil court or other authority in respect of any actiontaken or to be taken in pursuance of any power conferred under those provisions.

(1) The provisions of this Act shall have effect notwithstanding anythinginconsistent therewith contained in any enactment other than this Act or any other instrument havingeffect by virtue of any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and also under anyother relevant Act, then the offender found guilty of such offence shall be liable to be punished under thatAct which imposes a greater punishment.

No suit, prosecution or other legal proceeding shalllie against the Central Government or any officer or authority of the Central Government or any otherauthority on whom powers have been conferred pursuant to this Act, for anything which is in good faithdone or purported to be done in pursuance of this Act or any rule or order made thereunder.

Nothing in this Act shall affect the activities ofthe Central Government in the discharge of its functions relating to the security or the defence of India.

(1) The Central Government may, by notification, make rules to carryout the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) manner of regulating any item related to relevant activity under sub-section (1) of section 5;

(b) appointment of Advisory Committees, their powers and duties under section 6;

(c) appointment of Licensing and Appellate Authority and the manner of licensing under subsection(2) of section 7; and

(d) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each Houseof Parliament, while it is in session for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making any modificationin the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule.

(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order published in the Official Gazette, make such provisions,not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of the period of two yearsfrom the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament.