Statement of Objects and Reasons.-India remains committed to safeguard its national security as a Nuclear Weapon State. At the same time, India's policy has always been not to assist, encourage or induce any other country to manufacture weapons of mass destruction (WMD) including nuclear weapons or other nuclear explosive devices. India continues to fulfil its international commitments under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention, to which it is a State Party. India also remains committed to prevent non-State actors and terrorists from acquiring weapons of mass destruction and their means of delivery.

2. Over the years, India has enacted necessary legislations dealing with and having relevance to weapons of mass destruction, their means of delivery and related dual use materials, equipment and technologies. It has also put in place administrative mechanisms to prevent any unlawful access to weapons of mass destruction and their means of delivery. Being conscious of its responsibilities, India has been exercising control over the export of WMD-usable materials, equipment and technologies.

3. In view of India's status as a Nuclear Weapon State and its international commitments, it is felt necessary to introduce an over-aching legislation to prohibit unlawful activities in relation to weapons of mass destruction, their means of delivery and related dual-use materials, equipment and technologies. As such, this will provide an integrated legislative basis to our commitment to prevent proliferation of weapons of mass destruction. In addition, the envisaged control over the export of WMD-usable materials, equipment and technologies will also fulfil our mandatory obligations pursuant to UN Security Council Resolution 1540 adopted under Chapter VII of the UN Chapter on April 28, 2004.

4. The proposed Bill intends to achieve the above objects.

An Act to prohibit unlawful activities, in relation to weapons of mass destruction and their delivery systems and for matters connected therewith or incidental thereto.

Whereas India is determined to safeguard its national security as a Nuclear Weapon State;

And whereas India is committed not to transfer nuclear weapons or other nuclear explosive devices, or to transfer control over such weapons or explosive devices, and not in any way to assist, encourage, or induce any other country to manufacture nuclear weapons or other nuclear explosive devices;

And whereas India is committed to prevent a non-State actor and a terrorist from acquiring weapons of mass destruction and their delivery systems;

And whereas India is committed to the objective of global nuclear disarmament;

And whereas India is committed to its obligations as a State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction;

And whereas India is exercising controls over the export of chemicals, organisms, materials, equipment and technologies in relation to weapons of mass destruction and their delivery systems under other relevant Acts;

And whereas it is considered necessary to provide for integrated legal measures to exercise controls over the export of materials, equipment and technologies and to prohibit unlawful activities in relation to weapons of mass destruction and their means of delivery.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:

Received the assent of the President on 6.6.2005, published in the Gazette of India, Ext., Pt.II, Section 1, dated 7.6.2005, pp.1.8,Sl.No. 24.Enforced on 17.11.2006 vide S.O. 1990 (E), dated 17.11.2006.