Chapter 8

Miscellaneous

43. Power of entry, seizure, etc.—(1) For the purpose of inspection or investigation of an offence, mentioned in this Act, under the direction of National Authority or any competent court, any person authorised by the National Authority or any person of inspection team authorised under section 12 may, for reasonable cause and time, enter into any facility, or place or any kind of vehicle, search or seize or collectsamples of anything or inspect any place orfacilities: Provided that, while entering into any facility or place or vehicle under this section, the direction of the National Authority or the court shall be shown on demand of the owner, or possessor, asthe case may be.

  • (2) Any person or inspection team under sub-section (1) may take essential equipments and relevant instruments with him at the time of entering into the facility, place or vehicle thereto as appear to him to be necessary.
  • (3) For the purpose ofsub-section (1), such person or inspection team may, if necessary, apply to a magistrate having jurisdiction undersection 96 of the Criminal Procedure to issue search warrant.
  • (4) In the case ofsearch, seizure or inspection under thissection, such person or inspection team shall asfar as possible, follow the procedure of the provisions of the Criminal Procedure and the rules made under this Act.
  • (5) After entering into any facility, place or any kind of vehicles under sub section (1) and (2), if any Chemical Weapons or suspicious objects are found at the place or facility, the inspection team or the person shall take it under custody, and-
    • (a)if thinks propershall seize and remove it; or
    • (b)if the chemical weapon or harmful object is of such size and nature that it is not possible to remove the same instantly, then he shall take necessary stepsfor quick removal of the same and shall affix a written caution regarding the removal in a conspicuous place until itsremoval.

44.Destruction of Chemical Weapons.—(1) If the National Authority takes decision that any Chemical Weapon or suspicious object seized or removed under sub-section (5) of section 43 is required to be destroyed, the said authority shall take necessary stepsto destroy it.

  • (2)The method of destruction under this section shall be according to the procedure of destruction as prescribed by the rules, made in consistent with the provisions ofthe Convention.
  • (3)The cost ofseizure or removal undersub-section (5) ofsection 43 or destruction ofseized or removed Chemical Weapons orsuspicious objects or destroyed under thissection shall be realized from the concern accused person orfrom whose possession the said weapon or object isremoved or in the manner prescribed by the rules.

45. Forfeiture ofthe object, equipment etc. related to crime.—(1)If any person isfound guilty and sentenced for any offence under this Act, the equipments or the partsthereof, or vehicles used in the said offence or the chemical weapons or objectsrelated to the offence shall be forfeited.

  • (2) If any equipment or the part thereof, vehicles or chemical weapons or objects mentioned in sub-section (1) are forfeited, the National Authority may, in the manner prescribed by the rules, destroy or, dispose of them, as the case may be.

46. Report.—(1) The National Authority shall, within two months after the end of every calendar year of Christian era, submit to the Government an annual report on the performance of its functions during that year.

  • (2) The Government may, if necessary, at any time require the National Authority to furnish any report orstatement regarding any matter.

47. Acts done in good faith.—No suit, prosecution or other legal proceedings shall lie against the Chairman or any Member or Director or any officer or employee of the National Authority or any member of the inspection team for anything done or apparently intended to be done in good faith under this Act and rules made thereunder for which any person is or to be affected.

 

48. Powerto make rules.—The National Authority may, with the prior approval of the government, by the notification in the official gazette, make rulesfor the purposes of this Act.

 

49. Publication of English Text of the Act.—After the commencement of this Act, as soon as possible, the government, shall, by the notification in the official gazette, publish the English text of the Act, which shall be deemed as the authorised English text: Provided that, in the event of conflict between the Bengali and the English text, the Actshall prevail.