Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Weapons of Mass Destruction and their Delivery Systems, Appointment of Advisory Committees and their Powers and Duties Rules, 2006 CONTENTS 1. Short title and commencement 2. Definitions 3. Appointment of Advisory Committees 4. Composition of Advisory Committee on Weapons of Mass Destruction and their Delivery System 5. Composition of the Advisory Committee on Nuclear and Nuclear Related Items 6. Composition of Advisory Committee on Chemical Weapons and Related Items 7. Composition of the Advisory Committee on Biological Weapons and Related Items 8. Composition of the Advisory Committee on Export Control of Dual-Use Items 9. Term of office 10. Meetings of the Advisory Committee 11. Presiding at meetings 12. Decision by Consensus 13. Powers and duties of the Advisory Committee on Weapons of Mass Destruction and their Delivery System 14. Powers and duties of the Advisory Committee on Nuclear and Nuclear Related Items 15. Powers and duties of the Advisory Committee on Chemical Weapons and Related Items 16. Powers and duties of the Advisory Committee on Biological Weapons and Related Items 17. Powers and duties of the Advisory Committee on Export Control of Dual-use Items Weapons of Mass Destruction and their Delivery Systems, Appointment of Advisory Committees and their Powers and Duties Rules, 2006 In exercise of the powers conferred by clause (b) of sub-section (2) of section 26 of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement :- (1) These rules may be called the Weapons of Mass Destruction and their Delivery Systems, Appointment of Advisory Committees and their Powers and Duties Rules, 2006. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires,- (a) "Act" means the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005; (b) "Advisory Committee" means the Advisory Committee appointed under rule 3; (c) "member" means a member of the Advisory Committee and includes its Chairperson; (d) "section" means a section of the Act; (e) "notification means a notification published in the Official Gazette; (f) the words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Appointment of Advisory Committees :- The Central Government shall appoint the following Advisory Committees, namely:- (i) the Advisory Committee on Weapons of Mass Destruction and their Delivery System; (ii) the Advisory Committee on Nuclear and Nuclear Related Items; (iii) the Advisory Committee on Chemical Weapons and Related Items; (iv) the Advisory Committee on Biological Weapons and Related Items; (v) the Advisory Committee on Export Control of Dual-Use Items. 4. Composition of Advisory Committee on Weapons of Mass Destruction and their Delivery System :- (1) The Advisory Committee on Weapons of Mass Destruction and their Delivery System shall consist the following members, namely:- (a) the Additional Secretary in the Ministry of External Affairs ex officio Chairperson; (b) the Joint Secretary (Disarmament and International Security Affairs) in the Ministry of External Affairs ex officio member; - (c) the Scientific Secretary, Department of Space - ex officio member; (d) the Joint Secretary, National Authority, Chemical Weapons Convention - ex officio member; (e) the Chief Controller Research and Development (Services Interaction) and ex officio member; Distinguished Scientist, Defence Research Development Organisation, Ministry of Defence - (f) the Joint Secretary (Customs), Department of Revenue, Ministry of Finance - ex officio member; (g) the Additional Director General, Directorate of Revenue Intelligence, Ministry of Finance - ex officio member; (h) the Joint Secretary, ex officio member; Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers- (i) the Joint Secretary (Disaster Management-I) in the Ministry of Home Affairs - ex officio member; (j) the National Security Council Secretariat - ex officio member; (k) the Director (Hazardous Substances ex-officio member; Management Division) in the Ministry of Environment and Forests - (l) the Scientific Officer, Department of Atomic Energy - ex officio member; (m) the Additional Director General of Foreign Trade, Directorate General of Foreign Trade, Ministry of Commerce and Industry - ex officio member; (n) the Director, Department of Bio-technology, Ministry of Science and Technology - ex officio member; (o) the Director (Nuclear Biological Chemical), Head Quarters, Integrated Defence Staff in the Ministry of Defence - ex officio member; (p) the Director (Disarmament and International Security Affairs) in the Ministry of ex officio Member External Affairs - Secretary; (2) The Chairperson and members of the Advisory Committee shall be appointed by a notification. 5. Composition of the Advisory Committee on Nuclear and Nuclear Related Items :- (1) The Advisory Committee on Nuclear and Nuclear Related Items shall consist of the following members, namely:- (a)the Director, Strategic Planning Group, Department of Atomic Energy - ex officio Chairperson; (b)the Assistant Scientific Secretary, Department of Space- ex officio member; (c)the Joint Director, Directorate of Revenue Intelligence, Ministry of Finance - ex officio member; (d)The Senior Technical Officer (International Customs Division) Department of Revenue, Ministry of Finance- ex officio member; (e)the Joint Director General of ex officio member; Foreign Trade, Directorate General of Foreign Trade, Ministry of Commerce and Industry - (f)the Director (International Co- operation). Defence Research Development Organisation, Ministry of Defence- ex officio member; (g)the Director (National Disaster Management- II) in the ex officio member; Ministry of Home Affairs - (h)the Director (Disarmament and International Security Affairs) in the Ministry of External Affairs - ex officio member; (i) the Director, Army Head Quarter, Ministry of Defence- ex officio member; (j)the Scientific Officer, Department of Atomic ex officio Member Energy - Secretary; (2) The Chairperson and members of the Advisory Committee shall be appointed by a notification. 6. Composition of Advisory Committee on Chemical Weapons and Related Items :- (1) The Advisory Committee on Chemical Weapons and Related Items shall consist of the following members, namely:- (a) the Joint Secretary, Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers- ex officio Chairperson; (b) the Joint Director, National Authority, Chemical Weapons Convention - ex officio member; (c) the ex officio Scientific/Engineer, Department of Space - member; (d) the Director, Central Revenue Control Laboratory in the Department of Revenue, Ministry of Finance - ex officio member; (e) the Senior Technical Officer (International Customs Division), Department of Revenue, Ministry of Finance - ex officio member; (f) the Consultant in the Ministry of Environment and ex officio member; Forests - (g) the Director (National Disaster Management-II) in the Ministry of Home Affairs - ex officio member; (h) the Joint Director General of Foreign Trade, Directorate General of Foreign Trade, Ministry of Commerce and Industry - ex officio member; (i) the Scientist 'G', Defence Research Development Organisation, Ministry of Defence - ex officio member; (j) the Director, Army Head Quarters, Ministry of Defence - ex officio member; (k) Joint Director, ex officio Directorate of Revenue Intelligence, Ministry of Finance - member; (l) the Deputy Secretary (Disarmament and International Security Affairs) in the Ministry of External Affairs - ex officio member; (m) the Director (Chemical Weapons Convention) Department of Chemicals and Petrochemicals, Ministry of ex officio Member Chemicals and Fertilizers- Secretary; (2) The Chairperson and members of the Advisory Committee shall be appointed by a notification. 7. Composition of the Advisory Committee on Biological Weapons and Related Items :- (1) The Advisory Committee on Biological Weapons and Related Items shall consist of the following members, namely;- (a) the Director, Department of Biotechnology, Ministry of Science and Technology - ex officio Chairperson; (b) the Director (Hazardous Substances Management Division) in the Ministry of Environment ex officio member; and Forests - (c) the Director, Central Revenue Control Laboratory in the Department of Revenue, Ministry of Finance - ex officio member; (d) the Senior Technical Officer (International Customs Division), Department of Revenue, Ministry of ex officio member; Finance - (e) the Director, Department of Chemicals. Ministry of Chemicals and Fertilizers - ex officio member; (f) the Director (National Disaster Management- II) in the Ministry of Home Affairs - ex officio member; (g) the Joint Director General of Foreign Trade, Directorate ex officio member; General of Foreign Trade, Ministry of Commerce and Industry - (h) the Scientist 'G', Defence Research Development Organisation, Ministry of Defence - ex officio member; (i) the Director, (SIC)ny Head Quarters, Ministry of Defence - ex officio member; (j) the Joint Director, Directorate of Revenue Intelligence,Ministry of Finance- ex officio member; (k) the Deputy Secretary (Disarmament and International Security ex officio Member Secretary; Affairs) in the Ministry of External Affairs - (2) The Chairperson and members of the Advisory Committee shall be appointed by a notification. 8. Composition of the Advisory Committee on Export Control of Dual-Use Items :- (1) The Advisory Committee on Export Control of Dual-Use Items shall consist of the following members, namely:- (a) the Additional Director General of Foreign Trade, Directorate General of Foreign Trade, Ministry of Commerce and Industry ex officio Chairperson; (b) the Joint Director, ex officio member; Directorate of Revenue Intelligence, Ministry of Finance (c) the Senior Technical Officer (International Customs Division), Department of Revenue, Ministry of Finance ex officio member; (d) the Director, Department of Biotechnology, Ministry of ex officio ex officio member; member; Science and technology (e) the Director, Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers ex officio member; (f) the Joint Director, National Authority, Chemical Weapons Convention ex officio member; (g) the Programme Director, Department of Space. ex officio member; (h) the Director (National Disaster Management- II) in the Ministry of Home Affairs- ex officio member; (i) (i) the Scientific Officer, Department of Atomic Energy ex officio member; (j) the Director ( International Co-operation), Defence research Development Organisation, Ministry of Defence- ex officio member; (k) the Director (Bharat Earth Movers Limited and Export Promotion), Department of Defence Production in the Ministry of Defence ex officio member; (l) the Joint Director, national Security Council ex officio member; Secretariat- (m) the Deputy Secretary (Disarmament and International Security Affairs) in the Ministry of External Affairs ex officio member; (n) the Joint Director General of Foreign Trade, Directorate General of Foreign Trade, Ministry of Commerce and Industry- ex officio member; (2) The Chairperson and members of the Advisory Committee shall be appointed by a notification. 9. Term of office :- The term of office of a member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated. 10. Meetings of the Advisory Committee :- The Advisory Committee shall meet as and when the Chairperson deems necessary. 11. Presiding at meetings :- The Chairperson shall preside at the meetings of the Advisory Committee. 12. Decision by Consensus :- All questions at the meeting of the Advisory Committee shall be decided by a general consensus of the members present. 13. Powers and duties of the Advisory Committee on Weapons of Mass Destruction and their Delivery System :- (1) The powers and duties of the Advisory Committee on Weapons of Mass Destruction and their Delivery System shall be - (a) to advise the Central Government regarding the formulation and implementation of a national policy in relation to matters relating to the Weapons of Mass Destruction and their means of Delivery; (b) to recommend measures which should be taken for proper implementation and regulation of the provisions relating to the Weapons of Mass Destruction and their means of Delivery; (c) to coordinate the activities of other Advisory Committees; (d) to give such directions to any other Advisory Committee, as may be necessary or expedient, relating to any matter under the Act: (e) to seek assistance from the other Advisory Committees with regard to any matter relating to the Weapons of Mass Destruction and their means of Delivery. 14. Powers and duties of the Advisory Committee on Nuclear and Nuclear Related Items :- The powers and duties of the Advisory Committee on Nuclear and Nuclear Related Items shall be - (a) to make recommendation to the Central Government regarding the steps to be taken to harmonise the provisions of the Atomic Energy Act, 1962 with that of the provisions of the Act; (b) to make recommendations to the Central Government regarding prosecution of offences relating to nuclear weapons or other nuclear explosive devices and their means of delivery or any other related activity; (c) to make recommendations on such matters relating to nuclear weapons or other nuclear explosive devices and their means of delivery or any other related activity as may be requested by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery; (d) to comply with and carry out such directions as may be issued by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery. 15. Powers and duties of the Advisory Committee on Chemical Weapons and Related Items :- The powers and duties of the Advisory Committee on Chemical Weapons and Related Items shall be - (a) to make recommendation to the Central Government regarding the steps to be taken to harmonise the provisions of the Chemical Weapons Convention Act, 2000 with that of the provisions of the Act; (b) to make recommendations to the Central Government regarding prosecution of offences relating to chemical weapons and their means of delivery or any other related activity; (c) to make recommendations on such matters relating to chemical weapons and their means of delivery or any other related activity as may be requested by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery; (d) to comply with and carry out such directions as may be issued by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery. 16. Powers and duties of the Advisory Committee on Biological Weapons and Related Items :- The powers and duties of the Advisory Committee on Biological Weapons and Related Items shall be - (a) to make recommendation to the Central Government regarding the steps to be taken to harmonise the provisions of the Environment Protection Act, 1986 with that of the provisions of the Act; (b) to make recommendations to the Central Government regarding prosecution of offences relating to biological weapons and their means of delivery or any other related activity; (c) to make recommendations on such matters relating to biological weapons and their means of delivery or any other related activity as may be requested by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery; (d) to comply with and carry out such directions as may be issued by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery. 17. Powers and duties of the Advisory Committee on Export Control of Dual-use Items :- The powers and duties of the Advisory Committee on Export Control of Dual-use Items shall be - (a) to make recommendation to the Central Government regarding the steps to be taken to harmonise the provisions of the Foreign Trade (Development and Regulation Act, 1992 with that of the provisions of the Act; (b) to make recommendations to the Central Government regarding prosecution of offences relating to export controls of dual-use items or any other related activity; (c) to make recommendations on such matters relating to export controls of dual-use items or any other related activity as may be requested by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery; (d) to comply with and carry out such directions as may be issued by the Advisory Committee on Weapons of Mass Destruction and their means of Delivery.