19Power of Inspector to inspect any person or place
(1) An Inspector may inspect--
(a) any person who is engaged in--
(i) 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
(ii) the production of any Discrete Organic Chemical including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine;
(b) any place where any Chemical Weapon, Old Chemical Weapon or Abandoned Chemical Weapon is located or Chemical Weapon Production Facility exists,
for the purposes specified in the Verification Annex to the Convention.
(2) An Inspection Team may undertake a Challenge Inspection of any Facility or location pursuant to Article IX and such inspection shall be undertaken in accordance with the provisions of the Verification Annex to the Convention.
(3) The Inspection Team may, while carrying out a Challenge Inspection, be accompanied by an Observer to observe the conduct of the Challenge Inspection.
(4) An enforcement officer shall accompany the Inspector or Inspection Team to observe all verification activities carried out by the Inspector or Inspection Team and to provide the Inspector or Inspection Team, during the inspection, with such clarifications in connection with an ambiguity that may arise during an inspection as may be necessary to remove such ambiguity.
(5) Every Inspector or Inspection Team shall have--
(a) the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts;
(b) the right to request clarifications in connection with ambiguities that may arise during inspection;
(c) the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection;
(d) the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved;
(e) the right to draw samples, perform on site analysis of such samples; and
(f) such other rights as are provided under the Convention.
(6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention.
(7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India.
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- 19 Power of Inspector to inspect any person or place
- 20 Enforcement officer to enter into any place for examining and testing facility or to conduct search
- 21 Certain acts to constitute an offence
- 22 Power to issue warrant and authorisation
- 23 Power of entry, search, seizure and arrest without warrant or authorisation
- 24 Power of seizure and arrest in public places
- 25 Procedure where seizure of goods liable to confiscation not possible
- 26 Power to stop and search conveyance
- 27 Conditions under which search of persons be conducted
- 28 Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
- 29 Disposal of persons arrested and goods seized
- 30 Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
- 31 Police to take charge of goods seized and delivered
- 32 Report of arrest and seizure
- 33 Liability of Toxic Chemical, Precursor and conveyance to confiscation
- 34 Confiscation of Goods used for concealing Toxic Chemicals or Precursors
- 35 Confiscation of sale proceeds of goods
- 36 Procedure in making confiscation
- 37 Power to call for information, etc
- 38 Information as to commission of offences