THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS  
(PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Act in addition to other laws. 
3.  Extent and application. 
4.  Definitions. 
5.  Power to identify, designate, categorise or regulate certain activities. 
6.  Power to appoint Advisory Committees. 
7.  Delegation of powers. 
8.  Prohibition relating to weapons of mass destruction. 
9.  Prohibition relating to non-State actor or terrorist. 
10.  Prohibition as regards intimidating acts. 
11.  Prohibition on export. 
12.  Prohibition on brokering. 
12A. Prohibition on financing 
13.  Regulation of export, transfer, re-transfer, transit and transshipment. 
14.  Offences and penalties. 
15.  Punishment for aiding non-State actor or terrorist. 
16.  Punishment for unauthorised export. 
17.  Punishment for violation of other provisions of the Act. 
18.  Penalty for using false or making forged documents, etc. 
19.  Punishment for offences with respect to which no provision has been made. 
20.  Offences by companies. 
21.  Cognizance of offences. 
22.  Bar of jurisdiction of civil courts. 
23.  Effect of other laws. 
24.  Protection of action taken in good faith. 
25.  Special provisions as to Central Government. 
26.  Power to make rules. 
27.  Power to remove difficulties. 

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THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS  
(PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 

ACT NO. 21 OF 2005 

[6th June, 2005.]  

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:— 
1. Short title and commencement.—(1) This Act may be called the Weapons of Mass Destruction 

and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Act in addition to other laws.—Save as otherwise expressly provided in this Act, the provisions 
of  this  Act  shall  be  in  addition  to  any  other  relevant  Act  for  the  time  being  in  force  in  relation  to  any 
matter covered under this Act. 

3. Extent and application.—(1) It extends to the whole of India including its Exclusive Economic 

Zone. 

(2) Every person shall be liable to punishment under this Act for every act or omission contrary to the 

provisions 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 be 
dealt with according to the provisions of this Act in the same manner as if such act had been committed in 
India. 

(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; 

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). 

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(c) any ship, aircraft or other means of transport registered in India or outside India, wherever it 

may 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  any 
activity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit and 
trans-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  a 
Nuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its 
international obligations under any bilateral, multilateral or international treaty, Covenant, Convention or 
arrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party. 

4. Definitions.—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  of 
production,  of  types  and  in  quantities  that  have  no  justification  for  prophylactic,  protective  or 
other peaceful purposes; and 

(ii) weapons, equipment or delivery systems specially designed to use such agents or toxins 

for hostile purposes or in armed conflict; 

(b)  “brought  in  transit”  means  to  bring  goods  from  any  country  into  India  by  land,  air,  or 
amphibious  means  of  transportation,  where  the  goods  are  to  be  taken  out  from  India  on  the  same 
conveyance on which they are brought into India without any landing in India, but does not include a 
conveyance in innocent passage through Indian territory, Indian territorial waters or Indian airspace 
of 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  relevant 
activity  and  passes  through  or  above  Indian  territorial  waters  or  airspace  without  stopping  or 
anchoring 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 toxic 

chemicals and to protection against chemical weapons; 

(c) military purposes not connected with the use of chemical weapons and not dependent 

on 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 the 
toxic properties of those toxic chemicals specified in sub-clause (i), which would be released as a 
result of the employment of such munitions and devices; and 

(iii) any equipment specifically designed for use directly in connection with the employment 

of 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); 

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(e)  “fissile  material”  and  “radioactive  material”  shall  have  the  meanings  assigned  to  these 

expressions in the Atomic Energy Act, 1962 (33 of 1962); 

(f) “item” means materials, equipment, and technology, of any description, notified under this Act 

or 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  other 
nuclear explosive device as may be determined by the Central Government, whose determination in 
the matter shall be final; 

(i)  “public  domain”  means  domain  that  has  no  restrictions  upon  dissemination  of  information 
within or from it; the existence of any legal rights to intellectual property in that information does not 
remove such information from being in public domain; 

(j) “relevant activity” means,— 

(i) the development, production, handling, operation, maintenance, storage or dissemination 

of a nuclear, chemical or biological weapon; or 

(ii) the development, production, maintenance, storage or dissemination of missiles specially 

designed for delivering any such weapon; 

(k) “re-transfer” means transfer of any item notified under this Act from any country or entity to 

which it has been exported from India, to yet another country or entity; 

(l) “technology” means any information (including information embodied in software) other than 

information 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  the 

provision 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, or 
which 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 brought 
into India and to place the goods on the same or another conveyance for the purpose of taking them 
out of India, where these acts are carried out on a “through bill of lading”, “through airway bill” or 
“through manifest”. 

Explanation.—”through  bill  of  lading”,  “through  airway  bill”  and  “through  manifest”  means 
respectively  a  bill  of  lading,  airway  bill  and  manifest,  for  the  consignment  of  goods  from  a  place 
outside 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. 

5.  Power  to  identify,  designate,  categorise  or  regulate  certain  activities.—(1)  The  Central 
Government  may  identify,  designate,  categorise  or  regulate,  the  export,  transfer,  re-transfer,  trans-
shipment, 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 any 

item related to relevant activity for the purposes of this Act. 

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

7. Delegation of powers.—(1) Subject to the provisions of this Act and any other law for the time 
being  in  force,  related  to  relevant  activity,  the  Central  Government  shall  have  the  power  to  direct  or 
assign to any authority, in such manner as it may deem appropriate, such powers as may be necessary to 
implement the provisions of this Act. 

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

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

Provided that in case of any doubt as to whether a matter falls within the scope of such relevant Acts 

or under this Act, the decision of the Central Government thereon shall be final. 

8.  Prohibition  relating  to  weapons  of  mass  destruction.—(1)  No  person  shall  unlawfully 
manufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive device 
and their means of delivery. 

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

(3)  No  person  shall  unlawfully  manufacture,  acquire,  possess,  develop  or  transport  a  biological  or 

chemical weapon or their means of delivery. 

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

weapons. 

(5) No person shall unlawfully transfer, directly or indirectly, to any one missiles specially designed 

for the delivery of weapons of mass destruction. 

9.  Prohibition  relating  to  non-State  actor  or  terrorist.—No  person  shall,  directly  or  indirectly, 
transfer to a non-State actor or terrorist, any material, equipment and technology notified under this Act or 
any 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 any 

person acting under lawful authority in India. 

10.  Prohibition  as  regards  intimidating  acts.—No  person  shall  transfer,  acquire,  possess,  or 
transport  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 the 
people in India or in any foreign country, or compelling the Government of India or the Government of a 
foreign country or an international organisation or any other person to do so or abstain from doing any 
act. 

11. Prohibition on export.—No person shall export any material, equipment or technology knowing 
that  such  material,  equipment  or  technology  is  intended  to  be  used  in  the  design  or  manufacture  of  a 
biological  weapon,  chemical  weapon,  nuclear  weapon  or  other  nuclear  explosive  device,  or  in  their 
missile delivery systems. 

12. Prohibition on brokering.—No person who is a resident in India shall, for a consideration under 
the terms of an actual or implied contract, knowingly facilitate the execution of any transaction which is 
prohibited or regulated under this Act: 

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

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1[12A. Prohibition on financing.—(1) No person shall finance any activity which is prohibited under 

this Act, or under the United Nations (Security Council) Act, 1947 (43 of 1947) or any other relevant Act 

for  the  time  being  in  force,  or  by  an  order  issued  under  any  such  Act,  in  relation  to  weapons  of  mass 

destruction and their delivery systems. 

(2) For prevention of financing by any person of any activity which is prohibited under this Act, or 

under the United Nations (Security Council) Act, 1947 (43 of 1947) or any other relevant Act for the time 

being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and 

their delivery systems, the Central Government shall have power to— 

(a) freeze, seize or attach funds or other financial assets or economic resources— 

(i) owned or controlled, wholly or jointly, directly or indirectly, by such person; or 

(ii) held by or on behalf of, or at the direction of, such person; or 

(iii)  derived  or  generated  from  the  funds  or  other  assets  owned  or  controlled,  directly  or 

indirectly, by such person; 

(b)  prohibit  any  person  from  making  funds,  financial  assets  or  economic  resources  or  related 
services available for the benefit of persons related to any activity which is prohibited under this Act, 
or under the United Nations (Security Council) Act, 1947 (43 of 1947) or any other relevant Act for 
the  time  being  in  force,  or  by  an  order  issued  under  any  such  Act,  in  relation  to  weapons  of  mass 
destruction and their delivery systems. 

(3) The  Central  Government  may  exercise  its  powers  under this  section  through  any  authority  who 

has been assigned the power under sub-section (1) of Section 7.] 

13. Regulation of export, transfer, retransfer, transit and transshipment.—(1) No item notified 
under  this  Act  shall  be  exported,  transferred,  re-transferred,  brought  in  transit  or  transhipped  except  in 
accordance 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  other 

relevant 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  to 

transfer 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  following 

modes 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 any 
person 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, supplied 
or  transferred  to  any  foreign  entity  or  a  foreigner  who  is  resident,  operating,  visiting,  studying,  or 
conducting  research  or  business  within  the  territorial  limits  of  India,  or  in  its  airspace  or  Exclusive 
Economic Zone, it shall constitute an offence. 

1. Ins. by Act 14 of 2022, s. 2 (w.e.f. 10-11-2022). 

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14. Offences and penalties.—Any person who contravenes, or attempts to contravene or abets, the 
provisions of section 8 or section 10 of this Act, shall be punishable with imprisonment for a term which 
shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to 
fine. 

15. Punishment for aiding non-State actor or terrorist.—(1) Any person who, with intent to aid 
any non-State actor or terrorist, contravenes the provisions of section 9 of this Act, shall be punishable 
with  imprisonment  for  a  term  which  shall  not  be  less  than  five  years  but  which  may  extend  to 
imprisonment 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  or 
abets,  or  does  any  act  preparatory  to  contravention  of  sub-section  (1),  shall  be  deemed  to  have 
contravened that provision and the provision of sub-section (1) shall apply subject to the modification that 
the reference to “imprisonment for life” therein shall be construed as a reference to “imprisonment for ten 
years”. 

(3)  While  determining  the  punishment  under  this  section,  the  court  shall  take  into  consideration 

whether the accused had the knowledge about the transferee being a non-State actor or not. 

16.  Punishment for  unauthorised  export.—(1)  Any  person  who  knowingly  contravenes,  abets  or 
attempts  to  contravene,  the  provisions  of  sub-section  (4)  of  section  13  of  this  Act,  shall  be  punishable 
with 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  be 
punishable for the second and every subsequent offence with imprisonment for a term which shall not be 
less than six months but which may extend to five years and shall also be liable to fine. 

17. Punishment for violation of other provisions of the Act.—(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  term 
which 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  be 
punishable for the second and every subsequent offence with imprisonment for a term which shall not be 
less than one year but which may extend to seven years and shall also be liable to fine. 

18. Penalty for using false or making forged documents, etc.—Where any person signs or uses, or 
causes to be signed or used, any declaration, statement or document submitted to the competent authority 
knowing or having reason to believe that such declaration, statement or document is forged or tampered 
with or is false in any material particular, and relates to items notified under this Act or any other relevant 
Act, 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. 

19.  Punishment  for  offences  with  respect  to  which  no  provision  has  been  made.—Whoever 
contravenes any other provision of this Act or any rule or order made thereunder for which no specific 
punishment is provided, shall be punishable with imprisonment for a term which may extend to one year, 
or with fine, or with both. 

20.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed was in charge of, and was responsible 
to, the company for the conduct of the business of the company as well as the company, shall be deemed 
to 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  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other 

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officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that 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  of 

individuals; and 

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

21. Cognizance of offences.—No Court shall take cognizance of any offence under this Act without 
the previous sanction of the Central Government or any officer authorised by the Central Government in 
this behalf. 

22. Bar  of jurisdiction  of  civil  courts.—No action or  proceedings taken  under  section  5  and  sub-
sections (1) and (2) of section 7 of this Act by the Central Government or any officer authorised by it in 
this behalf shall be called in question in any civil court in any suit or application or by way of appeal or 
revision, and no injunction shall be granted by any civil court or other authority in respect of any action 
taken or to be taken in pursuance of any power conferred under those provisions. 

23. Effect of other laws.—(1) The provisions of this Act shall have effect notwithstanding anything 
inconsistent  therewith  contained  in  any  enactment  other  than  this  Act  or  any  other  instrument  having 
effect 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 any 
other relevant Act, then the offender found guilty of such offence shall be liable to be punished under that 
Act which imposes a greater punishment. 

24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie  against  the  Central  Government  or  any  officer  or  authority  of  the  Central  Government  or  any  other 
authority on whom powers have been conferred pursuant to this Act, for anything which is in good faith 
done or purported to be done in pursuance of this Act or any rule or order made thereunder. 

25. Special provisions as to Central Government.—Nothing in this Act shall affect the activities of 

the Central Government in the discharge of its functions relating to the security or the defence of India. 

26. Power to make rules.—(1) The Central Government may, by notification, make rules to carry 

out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide 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  sub-

section (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 House 
of  Parliament,  while  it  is  in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

27. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this 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: 

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Provided that  no  order shall  be  made  under this  section  after the expiry  of  the period  of two  years 

from 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 each 

House of Parliament. 

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