THE ATOMIC ENERGY
ACT, 1962
NO. 33 OF 1962
[15th September, 1962]
An Act to provide for the development, control and use of
atomic energy for the welfare of the people of India and for other peaceful
purposes and for matters connected therewith.
Be it enacted by Parliament in the Thirteenth Year of the
Republic of India as follows :-
1. Short title,extent and commencement
(1) This Act may be called the Atomic Energy Act, 1962.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definition and
interpretation
(1) In this Act, unless the context otherwise requires -
(a) "atomic energy" means energy released from
atomic nuclei as a result of any process, including the fission and fusion
processes;
(b) "fissile material" means uranium-233,
uranium-235, plutonium or any material containing these substances or any other
material that may be declared as such by notification by the Central Government;
++(bb) "Government Company" means a company in
which not less than fifty one percent of the paid up share capital is held by
the Central Government;
(c) "minerals" include all substances obtained or
obtainable from the soil (including alluvium or rocks) by underground or
surface working;
(d) "notification" means notification published
in the Official Gazette;
(e) "plant" includes machinery, equipment or
appliance whether affixed to land or not;
++ This has been inserted vide the Atomic Energy (Amendment)
Act 1987 (N0. 29 of 1987)
(f) "prescribed equipment" means any property
which the Central Government may, by notification, prescribe, being a property
which in its opinion is specially designed or adapted or which is used or
intended to be used for the production or utilisation of any prescribed
substance, or for the production or utilisation of atomic energy, radioactive
substances, or radiation, but does not include mining, milling, laboratory and
other equipment not so specially designed or adapted and not incorporated in
equipment used or intended to be used for any of the purposes aforesaid;
(g) "prescribed substance" means any substance
including any mineral which the Central Government may, by notification,
prescribe, being a substance which in its opinion is or may be used for the
production or use of atomic energy or research into matters connected therewith
and includes uranium, plutonium, thorium,beryllium, deuterium or any of their
respective derivatives or compounds or any other materials containing any of
the aforesaid substances;
(h) "radiation" means gamma rays, X-rays, and
rays consisting of alpha particles, beta particles, neutrons, protons and other
nuclear and sub-atomic particles, but not sound or radiowaves, or visible,
infrared or ultraviolet light;
(i) "radioactive substance" or "radioactive
material" means any substance or material which spontaneously emits
radiation in excess of the levels prescribed by notification by the Central
Government.
(2) Any reference in this Act to the working of minerals
shall be construed as including a reference to the mining, getting, carrying
away, transporting, sorting, extracting or otherwise treating of minerals.
(3) Any reference in this Act to the production or use of
atomic energy shall be construed as including a reference to the carrying out
of any process, preparatory or ancillary to such production or use.
3. General powers of the Central Government
Subject to the provisions of this Act, Central Government
shall have power -
+ (a) to produce, develop, use and dispose of atomic energy
either by itself or through any authority or Corporation established by it or a
Government company and carry out research into any matters connected therewith;
++(b) to manufacture or otherwise produce any prescribed or
radioactive substance and any articles which in its opinion are, or are likely
to be, required for, or in connection with, the production, development or use
of atomic energy or such
+ Inserted vide the Atomic Energy (Amendment) Act 1987 (No.
29 of 1987.
++ Substituted vide Atomic Energy (Amendment) Act 1987 (No.
29 of 1987.
research as aforesaid and to dispose of such described or
radioactive substance or any articles manufactured or otherwise produced.
(bb) (i) to buy or otherwise acquire, store and transport
any prescribed or radioactive substance and any articles which in its opinion
are, or are likely to be, required for, or in connection with, the production,
development or use of atomic energy; and
(ii)to dispose of such prescribed or radioactive substance
or any articles bought or otherwise acquired by it either by itself or through
any authority or corporation established by it, or by a Government company;
(c) to declare as "restricted information" any
information not so far published or otherwise made public relating to -
(i) the location, quality and quantity of prescribed
substances and transactions for their acquisition, whether by purchase or
otherwise, or disposal, whether by sale or otherwise;
(ii)the processing of prescribed substances and the
extraction or production of fissile materials from them;
(iii) the theory, design, construction and operation of
plants for the treatment and production of any of the prescribed substances and
for the separation of isotopes;
(iv)the theory, design, construction and operation of
nuclear reactors; and
(v)research and technological work on materials and
processes involved in or derived from items (i) to (iv);
(d) to declare as "prohibited area" any area or
premises where work including research, design or development is carried on in
respect of the production, treatment, use, application or disposal of atomic
energy or of any prescribed substance;
(e) to provide for control over radioactive substances or
radiation generating plant in order to —
(i) prevent radiation hazards;
(ii) secure public safety and safety of persons handling
radioactive substances or radiation generating plant; and
(iii) ensure safe disposal of radioactive wastes;
++ (f) to provide for the production and supply of
electricity from atomic energy and for taking measures conducive to such
production and supply and for all matters incidental thereto either by itself
or through any authority or corporation established by it or a Government
Company;
(g) to do all such things (including the erection of
buildings and execution of works and the working of minerals) as the Central
Government considers necessary or expedient for the exercise of the foregoing
powers.
4. Notification of discovery of uranium or thorium
(1) Every person who, whether before or after the
commencement of this Act, has discovered or discovers that uranium or thorium
occurs at any place in India shall, within three months after the date of
commencement of this Act or after the discovery, whichever is later, report the
discovery in writing to the Central Government or to any person or authority
authorised by the Central Government in this behalf.
(2) Every person who has reason to believe that uranium or
thorium occurs at any place in India, shall without delay, send intimation of
such belief and the reasons therefor to the Central Government or to any such
person or authority as aforesaid.
5. Control over mining or concentration of substances
containing uranium
(1) If the Central Government is satisfied that any person
is mining or is about to mine any substance from which, in the opinion of the
Central Government, uranium can be or may reasonably be expected to be,
isolated or extracted, or is engaged or is about to be engaged in treating or
concentrating by any physical, chemical or metallurgical process any substance
from which, in the opinion of the Central Government, uranium can be or may
reasonably be expected to be, isolated or extracted, the Central Government may
by notice in writing given to that person either -
(a) require him in conducting the mining operations or in
treating or concentrating the substance aforesaid to comply with such terms and
conditions and adopt such processes as the Central Government may in the
notice, or from time to time thereafter, think fit to specify, or
(b) totally prohibit him from conducting the mining
operations or treating or concentrating the substance aforesaid.
(2) Where any terms and conditions are imposed on any
person conducting any mining operations or treating or concentrating any
substance under clause (a) of sub-section (1), the Central Government may,
having regard to the nature of the terms and conditions, decide as to whether
or not to pay any compensation to that person and the decision of the Central
Government shall be final;
++ Inserted vide Atomic Energy (Amendment) Act 1987 (No. 29
of 1987).
Provided that where the Central Government decides not to
pay any compensation, it shall record in writing a brief statement giving the
reasons for such decision.
(3) Where the Central Government decides to pay any
compensation under sub-section (2),the amount thereof shall be determined in
accordance with section 21 but in calculating the compensation payable, no
account shall be taken of the value of any uranium contained in the substance
referred to in sub-section (1).
(4) Where any mining operation or any process of treatment
or concentration of any substance is prohibited under clause (b) of sub-section
(1), the Central Government shall pay compensation to the person conducting the
mining operations or using the process of treatment or concentration and the
amount of such compensation shall be determined in accordance with section 21
but in calculating the compensation payable, no account shall be taken of the
value of any uranium contained in the substance.
6. Disposal of Uranium
(1) No minerals, concentrates and other materials which
contain uranium in its natural state in excess of such proportion as may be
prescribed by notification by the Central Government shall be disposed of
except with the previous permission in writing of the Central Government and in
accordance with such terms and conditions as it may impose.
+ (2) The Central Government may serve notice on any person
who has produced any mineral, concentrate or other material referred to in
sub-section (1) that the Central Government proposes to compulsorily acquire it
and upon the service of the notice, the mineral, concentrate or other material
shall become the property of the Central Government and shall be delivered to
the Central Government or as it may direct;
Provided that in determining the compensation regard shall
be had to the cost of production of such mineral, concentrate or other material
and such other factors as may be relevant, but no account shall be taken of the
value of uranium in its natural state contained therein.
++ (3) Compensation in respect of acquisition under
sub-section (2) shall be paid in accordance with section 21 and in determining
such compensation regard shall be had to the cost of production of such
mineral, concentrate or other material and such other factors as may be
relevant, but no account shall be taken of the value of uranium in its natural
state contained therein.
+ Substituted vide the Atomic Energy (Amendment) Act 1986
(No. 59 of 1986).
++ Inserted vide the Atomic Energy (Amendment) Act 1986
(No. 59 of 1986).
7. Power to obtain information regarding materials,plant
or processes
The Central Government may, by notice in writing served on
any person, require him to make such periodical and other returns, or
statements at such times and containing such particulars and accompanied by
such plans, drawings and other documents as may be specified in the notice
relating to —
(a) any prescribed substance, specified in the notice, in
his possession or under his control or present in or on any land or mine owned
or occupied by him which in the opinion of the Central Government is or can be
a source of any of the prescribed substances, including returns in respect of
any such land or mine;
(b) any plant in his possession or under his control
designed for mining or processing of minerals so specified, or adapted for the
production or use of atomic energy or research into matters connected
therewith;
(c) any contract entered into by him or any licence granted
by or to him relating to prospecting or mining of minerals so specified or the
production or use of atomic energy or research into matters connected
therewith;
(d) any other information in his possession relating to any
work carried out by him or on his behalf or under his directions, in connection
with prospecting or mining of materials so specified or the production or use
of atomic energy or research into matters connected therewith.
8. Power of entry and inspection.
(1) Any person authorised by the Central Government may, on
producing, if so required, a duly authenticated document showing his authority,
enter any mine, premises or land —
(a) where he has reason to believe that work is being
carried out for the purpose of or in connection with production and processing
of any prescribed substances or substances from which a prescribed substance
can be obtained or production, development or use of atomic energy or research
into matters connected therewith, or
(b) where any such plant as is mentioned in clause (b) of
section 7 is situated,
and may inspect the mine, premises or land and any articles
contained therein.
(2) The person carrying out the inspection may make copies
of or extracts from any drawing, plan or other document found in the mine,
premises or land and for the purpose of making such copies or extracts, may
remove any such drawing, plan or other document after giving a duly signed
receipt for the same and retain possession thereof for a period not exceeding
seven days.
9. Power to do work for discovering minerals.
(1) The Central Government may, subject to the provisions
of this section, do on, over or below the surface of any land such work as it
considers necessary for the purpose of discovering whether there is present in
or on the land, either in a natural state or in a deposit of waste material
obtained from any underground or surface working, any substance from which in
its opinion any of the prescribed substances can be obtained, and the extent to
which such substance is so present.
(2) Before any powers are exercised under sub-section (1)
in relation to any land, the Central Government shall serve on every owner,
lessee and occupier of the land a notice in writing specifying the nature of
the work proposed to be done and the extent of the land affected, and the time,
not being less than twenty-eight days, within which and the manner in which
objections can be made thereto, and no such powers shall be exercised otherwise
than in pursuance of the notice or before the expiration of the time specified
therein for making objections.
(3) The Central Government may, after giving the person
making the objection an opportunity of appearing before and being heard by a
person appointed by the Central Government for the purpose, and after
considering any such objection and the report of the person so appointed, make
such orders as it may deem proper but not so as to increase the extent of the
land affected.
(4) Compensation shall be determined and paid in accordance
with section 21 in respect of any diminution in the value of any land or
property situate thereon resulting from the exercise of powers under this
section.
10. Compulsory acquisition of rights to work minerals.
(1) Where it appears to the Central Government that any
minerals from which in its opinion any of the prescribed substances can be
obtained are present in or on any land, either in a natural state or in a
deposit of waste material obtained from any underground or surface working, it
may by order provide for compulsorily vesting in the Central Government the
exclusive right, so long as the order remains in force, to work those minerals
and any other minerals which it appears to the Central Government to be
necessary to work with those minerals, and may also provide, by that order or a
subsequent order, for compulsorily vesting in the Central Government any other
ancillary rights which appear to the Central Government to be necessary for the
purpose of working the minerals aforesaid including (without prejudice to the
generality of the foregoing provisions) —
(a) right to withdraw support;
(b) rights necessary for the purpose of access to or
conveyance of the minerals aforesaid or the ventilation or drainage of the
working;
(c) rights to use and occupy the surface of any land for
the purpose of erecting any necessary buildings and installing any necessary
plant in connection with the working of the minerals aforesaid;
(d) rights to use and occupy for the purpose of working the
minerals aforesaid any land forming part of or used in connection with an
existing mine or quarry, and to use or acquire any plant used in connection
with any such mine or quarry; and
(e) rights to obtain a supply of water for any of the
purposes connected with the working of the minerals aforesaid, or to dispose of
water or other liquid matter obtained in consequence of working such minerals.
(2) Notice of any order proposed to be made under this
section shall be served by the Central Government —
(a) on all persons who, but for the order, would be
entitled to work the minerals affected; and
(b) on every owner, lessee and occupier (except tenants for
a month or for less than a month) of any land in respect of which rights are
proposed to be acquired under the order.
(3) Compensation in respect of any right acquired under
this section shall be paid in accordance with section 21, but in calculating
the compensation payable, no account shall be taken of the value of any
minerals present in or on land affected by the order, being minerals specified
in the order as those from which in the opinion of the Central Government
uranium or any concentrate or derivative of uranium can be obtained.
11. Compulsory acquisition of prescribed substances,
minerals and plants
(1) Save as otherwise provided in any other provision of
this Act, the Central Government may compulsorily acquire in accordance with
the provisions of this section —
(a) any prescribed substance;
(b) any minerals from which in the opinion of the Central
Government any of the prescribed substances can be obtained;
(c) any prescribed equipment;
(d) any plant which is designed or adapted for the mining
or processing of any minerals referred to in clause (b) or substances obtained
therefrom or for the production or use of any prescribed substance or a
radioactive substance or for the production, use or disposal of such articles
as are or are likely to be required for or in connection with the production,
use or disposal of atomic energy or for research into matters connected
therewith.
(2) Where the Central Government acquires any plant
referred to in clause (d) of sub-section (1), it shall also have the right to
acquire any buildings, railway sidings, tramway lines, or aerial ropeways
serving such plant.
(3) Where the Central Government proposes to acquire any
property under sub-section (1), it shall serve upon the person appearing to be
the owner thereof, a notice in writing specifying the property to be acquired
and requiring that person to make to the Central Government within the time
specified in the notice a written declaration containing such particulars as
may be so specified regarding the ownership of such property and any agreement
or charge by virtue of which any other person has an interest in such property.
(4) Upon the service of a notice under sub-section (3), no
property to which the notice relates shall be disposed of without the previous
permission in writing of the Central Government.
(5) If it appears to the Central Government in consequence
of any written declaration made to it in pursuance of sub-section (3) that any
person other than the person on whom the notice under sub-section (3) was
served is the owner of, or has any interest in, the property to which the
notice relates, the Central Government shall serve a copy of the notice on that
other person.
(6) A notice served under sub-section (3) shall contain a
statement to the effect that an objection may be made thereto within such time
and in such manner as may be specified, and if any such objection is duly made
and not withdrawn, the Central Government shall afford an opportunity to the
person making the objection of appearing before and being heard by a person
appointed by the Central Government for the purpose.
(7) After considering any such objection, and the report of
the person appointed by it under sub-section (6), the Central Government may
serve on the persons upon whom the notice under sub-section (3) or a copy
thereof was served a further notice in writing either withdrawing the notice of
acquisition or confirming the said notice as respects the property to which it
relates or such part of the property as may be specified.
(8) Any property with respect to which a notice of
acquisition is served under this section shall -
(a) if no objection is duly made to the notice, vest in the
Central Government at the expiration of the time for making such objection;
(b) if such an objection is duly made and the notice is
confirmed as respects the whole or any part of that property by a notice served
under sub-section (7), vest accordingly in the Central Government on the
service of the last mentioned notice;
and shall in either case vest free from all encumbrances.
(9) Compensation in respect of acquisition under this
section shall be paid in accordance with section 21.
11-A Compulsory acquisition not sale *
For the removal of doubts, it is hereby declared that the
compulsory acquisition of any mineral, concentrate or other material under
sub-section (2) of section 6, or of any substance, minerals, equipment or plant
under sub-section (1) of section 11, shall not be deemed to be a sale for any
purpose whatsoever.
12. Compensation in case of compulsory acquisition of a
mine
Where the Central Government acquires, in accordance with
any law, any mine or part of a mine from which in the opinion of the Central
Government any of the prescribed substances can be obtained, a compensation in
respect of such acquisition shall be paid in accordance with section 21;
Provided that in determining the amount of such compensation,
no account shall be taken of the value of uranium which may be obtained from
such mine or part of a mine.
13. Novation of certain contracts
(1) The Central Government may serve on the parties to a
contract relating to prospecting or mining of any substance from which any of
the prescribed substances can be obtained or to production or use of atomic
energy or to research into matters connected therewith, not being a contract
for the rendering of personal services, a notice in writing stating that on
such date as may be specified in the notice the rights and liabilities of any
of the parties to the contract specified in the notice (hereinafter referred to
as the specified party) will be transferred to the Central Government, and
thereupon subject to any withdrawal of the notice under the following
provisions of this section, the contract shall, as regards any rights
exercisable, or liabilities incurred, on or after the said date, have effect as
if the Central Government were a party to the contract instead of the specified
party and as if for any reference in the contract to the specified party there
were substituted as reference to the Central Government.
(2) A notice served under sub-section (1) shall contain a
statement to the effect that an objection may be made thereto within such time
and in such manner as may be specified, and if any such objection is duly made
and not withdrawn, the Central Government shall afford an opportunity to the
person making the objection of appearing before and being heard by a person
appointed by the Central Government for the purpose.
* This has been amended vide the Atomic Energy (Amendment)
Act 1986 (No. 59 of 1986).
(3) After considering any such objection and the report of
the person appointed by it under sub-section (2), the Central Government may
make such order as it may deem proper.
(4) Where the rights and liabilities of a party to a
contract are transferred to the Central Government under this section, there
shall be paid to that party such compensation in respect of any loss suffered
by that party as may be agreed between him and the Central Government, and in
default of such agreement, as may be determined by arbitration.
14. Control over production and use of atomic energy
(1) The Central Government may, subject to such rules as
may be made in this behalf and by order prohibit except under a licence granted
by it —
(i) the working of any mine or minerals specified in the
order, being a mine or minerals from which in the opinion of the Central
Government any of the prescribed substances can be obtained;
(ii) the acquisition, production, possession, use,
disposal, export or import —
(a) of any of the prescribed substances; or
(b) of any minerals or other substances specified in the
rules, from which in the opinion of the Central Government any of the
prescribed substances can be obtained; or
(c) of any plant designed or adopted or manufactured for
the production, development and use of atomic energy or for research into
matters connected therewith; or
(d) of any prescribed equipment.
(2) Nothing in this section shall affect the authority of
the Central Government to refuse a licence for the purpose of this section or
to include in a licence such conditions as the Central Government thinks fit or
to revoke a licence and the Central Government may take any action as
aforesaid.
(3) Without prejudice to the generality of the foregoing
provisions, the rules referred to in this section may provide for —
(a) the extent to which information in the possession of,
or which has been made available to, the person granted a licence for purposes
of this section, should be regarded as restricted information;
(b) the extent to which the area or premises under the
control of the person to whom a licence has been granted for purposes of this
section, should be regarded as a prohibited area;
(c) the conditions and criteria for location of any
installation or operation of any plant in respect of which a licence has been
granted or is intended to be granted for the purposes of this section including
those necessary for protection against radiation and safe disposal of harmful
by-products or wastes;
(d) the extent of the licensee’s liability in respect of
any hurt to any person or any damage to property caused by ionising radiations
or any radioactive contamination either at the plant under licence or in the
surrounding area;
(e) provision by licensee either by insurance or by such
other means as the Central Government may approve, of sufficient funds to be
available at all times to ensure settlement of any claims in connection with
the use of the site or the plant under licence which have been or may be duly
established against the licensee in respect of any hurt to any person or any
damage to any property caused by ionising radiations emitted at the plant under
licence or radioactive contamination either at the plant under licence or in
surrounding areas;
(f) obligatory qualifications, security clearances, hours
of employment, minimum leave and periodical medical examination of the persons
employed and any other requirement or restriction or prohibition on the
employer, employed persons and other persons; and
(g) such other incidental and supplementary provisions
including provisions for inspection and also for the sealing of premises and
seizure, retention and disposal of any article in respect of which there are
reasonable grounds for suspecting that a contravention of the rules has been
committed, as the Central Government considers necessary.
(4) The Central Government may also prescribe the fees
payable for issue of licences under sub-section (1).
15. Requisitioning of any substance for extracting
uranium or plutonium
(1) The Central Government shall have the right to require
that any substance which, in the opinion of the Central Government, contains
uranium, plutonium or any of their isotopes, shall be delivered to it and the
Central Government may extract from that substance the uranium, plutonium or
any of their isotopes contained therein and return the substance to the person
concerned on payment of compensation which shall be determined in accordance
with section 21;
Provided that such compensation shall not, in any case,
exceed the cost incurred by the person in the production, mining or irradiation
of the substance and in determining the same no account shall be taken of the
value of uranium, plutonium or any of their isotopes extracted from the
substance.
(2) Nothing in this section shall prevent the Central
Government from permitting, subject to such conditions as it may deem fit to
impose, the use of small quantities of natural uranium for the purpose of
examination, test or analysis.
16. Control over radioactive substances.
The Central Government may prohibit the manufacture,
possession, use, transfer by sale or otherwise, export and import and in an
emergency, transport and disposal, of any radioactive substances without its
written consent.
17. Special provisions as to safety
(1) The Central Government may, as regards any class or
description of premises or places, being premises or places, in which
radioactive substances are manufactured, produced, mined, treated, stored or
used or any radiation generating plant, equipment or appliance is used, make
such provision by rules as appear to the Central Government to be necessary —
(a) to prevent injury being caused to the health of persons
employed at such premises or places or other persons either by radiations, or
by the ingestion of any radioactive substance;
(b) to secure that any radioactive waste products resulting
from such manufacture, production, mining, treatment, storage, or use as
aforesaid are disposed of safely;
(c) to prescribe qualifications of the persons for
employment at such premises or places and the regulation of their hours of
employment, minimum leave and periodical medical examination.
and the rules may, in particular and without prejudice to
the generality of this sub-section provide for imposing requirements as to the
erection or structural alterations of buildings or the carrying out of works.
(2) The Central Government may, as respects the transport
of any radioactive substance or any prescribed substance specified by an order
issued under this Act as being dangerous to health, make such rules as appear
to be necessary to prevent injury being caused by such transport to the health
of persons engaged therein and other persons.
(3) Rules made under this section may provide for imposing
requirements, prohibitions and restrictions on employers, employed persons and
other persons.
(4) Any person authorised by the Central Government under
this section, may, on producing, if so required, a duly authenticated document
showing his authority, enter at all reasonable hours any premises, or any
vehicle, vessel or aircraft for the purpose of ascertaining whether there has
been committed, or is being committed, in or in connection with the premises,
vehicle, vessel or aircraft, any contravention of the rules made under this
section.
(5) In the event of any contravention of the rules made
under this section, the Central Government shall have the right to take such
measures as it may deem necessary to prevent further injury to persons or
damage to property arising from radiation or contamination by radioactive
substances including, without prejudice to the generality of the foregoing
provisions, and to the right to take further action for the enforcement of
penalties under section 24, the sealing of premises, vehicle, vessel, or
aircraft, and the seizure of radioactive substances and contaminated equipment.
18. Restriction on disclosure of information
(1) The Central Government may by order restrict the
disclosure of information, whether contained in a document, drawing,
photograph, plan, model or in any other form whatsoever, which relates to,
represents or
illustrates —
(a) an existing or proposed plant used or proposed to be
used for the purpose of producing, developing or using atomic energy, or
(b) the purpose or method of operation of any such existing
or proposed plant,or
(c) any process operated or proposed to be operated in any
such existing or proposed plant.
(2) No person shall —
(a) disclose, or obtain or attempt to obtain any
information restricted under sub-section (1), or
(b) disclose, without the authority of the Central
Government, any information obtained in the discharge of any functions under
this Act or in the performance of his official duties.
(3) Nothing in this section shall apply —
(i) to the disclosure of information with respect to any
plant of a type in use for purposes other than the production, development or
use of atomic energy, unless the information discloses that plant of that type
is used or proposed to be used for the production, development or use of atomic
energy or research into any matters connected therewith; or
(ii) where any information has been made available to the
general public otherwise than in contravention of this section, to any
subsequent disclosure of that information.
19. Prevention of entry into prohibited areas
The Central Government may by order prohibit-
(a) entry of any person, without obtaining permission, into
a prohibite area and
(b) taking by any persons, without permission, of any
photograph, sketch, pictures, drawing, map or other document from a prohibited
area and any permission, if given to do these things, may be subject to
stipulations which the Central Government may consider necessary.
20. Special provision as to inventions
(1) As from the commencement of this Act, no patents shall
be granted for inventions which in the opinion of the Central Government are
useful for or relate to the production, control, use or disposal of atomic
energy or the prospecting, mining, extraction, production, physical and
chemical treatment, fabrication, enrichment, canning or use of any prescribed
substance or radioactive substance or the ensuring of safety in atomic energy
operations.
(2) The prohibition under sub-section (1) shall also apply
to any invention of the nature specified in that sub-section in respect of
which an application for the grant of a patent has been made to the Controller
of Patents and Designs appointed under the Indian Patents and Designs Act,
1911, before the commencement of this Act and is pending with him at such
commencement.
(3) The Central Government shall have the power to inspect
at any time any pending patent application and specification before its
acceptance and if it considers that the invention relates to atomic energy, to
issue directions to the Controller of Patents and Designs to refuse the
application on that ground.
(4) Any person, who has made an invention which he has
reason to believe relates to atomic energy, shall communicate to the Central
Government the nature and description of the invention.
(5) Any person desiring to apply for a patent abroad for an
invention relating to or which he has reason to believe relates to atomic
energy shall obtain prior permission from the Central Government before making
the application abroad or communicating the invention to any person abroad,
unless three months have elapsed since his request for permission was made to
the Central Government and no reply was received by him.
(6) The Controller of Patents and Designs shall have the
power to refer any application to the Central Government for direction as to
whether the invention is one relating to atomic energy and the direction given
by the Central Government shall be final.
(7) Any invention in the field of atomic energy conceived
whether in establishments controlled by the Central Government or under any
contract, sub-contract, arrangement or other relationship with the Central
Government shall be deemed to have been made or conceived by the Central
Government, irrespective of whether such contract, sub-contract, arrangement or
other relationship involves financial participation of or assistance from the
Central Government.
(8) Notwithstanding anything contained in the Indian
Patents and Designs Act, 1911, the decision of the Central Government on points
connected with or arising out of this section shall be final.
21. Principles relating to payment of compensation.
(1) Save as otherwise provided in this Act, where by reason
of exercise of any powers under this Act, any compensation is payable, the
amount of such compensation shall be determined in the manner and in accordance
with the principles here in after set out, that is to say —
(a) where the amount of compensation is fixed by agreement,
it shall be paid in accordance with such agreement;
(b) where no agreement is reached, the Central Government
shall appoint as arbitrator a person having expert knowledge as to the nature
of the right affected who shall determine the amount of compensation payable.
(2) In making his award, the arbitrator appointed under
sub-section (1) shall have
regard —
(a) in the case of any compensation payable under section 9
—
(i)to the nature of the work done;
(ii) the manner, extent and duration of the exercise of any
power under that section;
(iii) the diminution in the rent of the land and of the
property situated thereon, which might reasonably be expected over any period
or diminution in the market value of the land and property on the date when the
exercise of powers comes to an end; and
(iv) the provisions of sub-section (1) of section 23 of the
Land Acquisition Act, 1894, in so far as such provisions can be made applicable
to the exercise of powers under section 9; and
(b) In the case of any compensation payable under section
11 or under section 12, to the price which the owner might reasonably have been
expected to obtain on a sale of the property effected by him immediately before
the date of the acquisition.
(3) An appeal shall lie to the High Court against an award
of the arbitrator except in cases where the amount claimed thereof does not
exceed an amount prescribed in this behalf by the Central Government.
(4) The Central Government may make rules prescribing the
procedure to be followed in the arbitrations under this Act and the principles
to be followed in the apportionment of the cost of proceedings before the
arbitrator and on appeal.
(5) Save as provided in this Act, nothing in any law for
the time being in force relating to arbitration shall apply to arbitrations
under this Act.
22. Special provisions as to electricity
(1) Notwithstanding anything contained in the Electricity
(Supply) Act, 1948, the Central Government shall have authority —
(a) to develop a sound and adequate national policy in
regard to atomic power, to co-ordinate such policy with the Central Electricity
Authority and the State Electricity Boards constituted under sections 3 and 5
respectively of that Act and other similar statutory corporations concerned
with the control and utilisation of other power resources, to implement schemes
for the generation of electricity in pursuance of such policy and to operate
either++ by itself or through any authority or corporation
established by it or a Government Company, atomic power stations in the manner
determined by it in consultation with the Boards or Corporations concerned,
with whom it shall enter into agreement regarding the supply of electricity so
produced;
(b) to fix rates for and regulate the supply of electricity
from atomic power stations either+++ by itself or through any
authority or corporation established by it or a Government Company in
consultation with the Central Electricity Authority.
(c) to enter into arrangements with the Electricity Board
of the State in which an atomic power station is situated either by itself or
through any authority or corporation established by it or a Government Company,
for the transmission of electricity to any other State;
Provided that in case there is a difference of opinion
between the Central Government or such authority or corporation or Government
Company as the case
++ Inserted vide the Atomic Energy (Amendment) Act 1987
(No. 29 of 1987)
+++ Substituted vide the Atomic Energy (Amendment) Act 1987
(No. 29 of 1987).
may be, and any State Electricity Board in regard to the
construction of necessary transmission lines, the matter shall be referred to
the Central Electricity Authority whose decision shall be binding on the
parties concerned.
(2) No provision of the Indian Electricity Act, 1910, or
any rule made thereunder or of any instrument having effect by virtue of such
law or rule shall have any effect so far as it is inconsistent with any of the
provisions of this Act.
(3) Save as otherwise provided in this Act, the provisions
of this Act shall be in addition to, and not in derogation of, the Indian
Electricity Act, 1910, and the Electricity (Supply) Act, 1948.
23. Administration of Factories Act,1948
Notwithstanding anything contained in the Factories Act,
1948, the authority to administer the said Act, and to do all things for the
enforcement of its provisions, including the appointment of inspecting staff
and the making of rules thereunder, shall vest in the Central Government in
relation to any factory owned by the Central Government or any authority or
corporation established by it or a Government Company and engaged in carrying
out the purposes of this Act.
24. Offences and Penalties
(1) Whoever —
(a) contravenes any order made under section 14 or any
condition subject to which a licence is granted under that section; or
(b) contravenes any rules made under section 17 or any
requirement, prohibition or restriction imposed under any such rule; or
(c) obstruct any person authorised by the Central
Government under sub-section (4) of section 17 in the exercise of powers under
that sub-section; or
(d) contravenes sub-section (2) of section 18;
shall be punishable with imprisonment for a term which may
extent to five years, or with fine, or both.
(2)Whoever —
(a) fails to comply with any notice served on him under
section 5 or with any terms and conditions that may be imposed on him under
that section; or
(b) fails to comply with any notice served on him under
section 7 or knowingly makes any untrue statement in any return or statement
made in pursuance of any such notice; or
(c) obstructs any person or authority in the exercise of
powers under section 8 or 9; or
(d) contravenes any other provision of this Act or any
order made thereunder;
shall be punishable with imprisonment for a term which may
extent to one year, or with fine, or with both.
25. 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 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 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.
26. Cognizance of offences
(1) All offences under this Act shall be cognizable under
the Code of Criminal Procedure, 1898, but no action shall be taken in respect
of any person for any offence under this Act except on the basis of a written
complaint made -
(a) in respect of contravention of section 8, 14 or 17 or
any rules or order made thereunder, by the person authorised to exercise powers
of entry and inspection;
(b) in respect of any other contravention, by a person duly
authorised to make such complaints by the Central Government.
(2) Proceedings in respect of contravention of section 18
shall not be instituted except with the consent of the Attorney General of
India.
27. Delegation of powers
The Central Government may, by order, direct that any power
conferred or any duty imposed on it by this Act shall, in such circumstances
and subject to such conditions as may be specified in the direction, be
exercised or discharged also
by —
(a) such officer or authority subordinate to the Central
Government, or
(b) such State Government or such officer or authority
subordinate to a State Government as may be specified in the direction.
28. Effect of of other laws
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.
29. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie
against the Government or any person or authority in respect of anything done
by it or him in good faith in pursuance of this Act or of any rule or order
made thereunder.
30. Power to make rules
(1) The Central Government may, by notification, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing powers, such rules may provide for-
(a) declaring any information not so far published or
otherwise made public as restricted information and prescribing the measures to
be taken to guard against unauthorised dissemination or use thereof;
(b) declaring any area or premises as prohibited area and
prescribing the measures to be taken to provide against unauthorised entry into
or departure from such prohibited area;
(c) reporting of information relating to the discovery of
uranium, thorium and other prescribed substances and for payment of rewards for
such discoveries;
(d) control over mining or concentration of substances
containing uranium;
(e) regulating by licensing and encouraging by award of
concessions including rewards, floor prices and guarantees, mining of and
prospecting for other prescribed substances;
(f) compulsory acquisition of prescribed substances,
minerals and plants;
(g) regulating the production, import, export, transfer,
refining, possession, ownership, sale, use or disposal of the prescribed
substances and any other articles that in the opinion of the Central Government
may be used for, or may result as a consequence of, the production, use or
application of atomic energy;
(h) regulating the use of prescribed equipment;
(i) regulating the manufacture, custody, transport,
transfer, sale, export, import, use or disposal of any radioactive substance;
(j)regulating the transport of such prescribed substances
as are declared dangerous to health under sub-section (2) of section 17;
(k) developing, controlling, supervising and licensing the
production, application and use of atomic energy;
(l) fees for issue of licences under this Act;
(m) the manner of serving notices under this Act;
(n) generally promoting co-operation among persons,
institutions and countries in the production, use, application of atomic energy
and in research and investigations in that field.
(3) Rules made under this Act may provide that a
contravention of the rules shall, save as otherwise expressly provided in this
Act, be punishable with fine which may extend to five hundred rupees.
(4) 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 in
which it is so laid 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.
31. Act binding on goverment
The provisions of this Act shall be binding on Government.
32. Repeal of Act 29 of 1948
The Atomic Energy Act, 1948, is hereby repealed.
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THE ATOMIC ENERGY
(AMENDMENT) ACT, 1986
(No.59 of 1986)
[23rd December, 1986]
An Act further to
amend the Atomic Energy Act, 1962.
BE it enacted by Parliament in the Thirty-seventh Year of
the Republic of India as follows :-
Short title and commencement
1. (1) This Act may be called the Atomic Energy (Amendment)
Act, 1986.
(2) It shall be deemed to have come into force on the 21st
day of September, 1962.
Amendment of section 6
2. In section 6 of the Atomic Energy Act, 1962 (hereinafter
referred to as the principal Act).
(a) in sub-section (2),
(i) for the words and figures "proposes to acquire it
and upon the service of the notice and the payment of compensation in
accordance with section 21", the words "proposes to compulsorily
acquire it and upon the service of the notice" shall be substituted;
(ii) the proviso shall be omitted;
(b) after sub-section (2), the following sub-section shall
be inserted, namely :
(3) Compensation in respect of acquisition under
sub-section (2) shall be paid in accordance with section 21 and in determining
such compensation regard shall be had to the cost of production of such
mineral, concentrate or other material and such other factors as may be
relevant, but no account shall be taken of the value of uranium in its natural
state contained therein".
Insertion of the new section 11 A
3. After section 11 of the principal Act, the following
section shall be inserted, namely -
"11 A. For the removal of doubts, it is hereby
declared that the compulsory acquisition of any mineral, concentrate or other
material under sub-section (2) of section 6,or of any substance, minerals,
equipment or plant under sub- section (1) of section 11, shall not be deemed to
be a sale for any purpose whatsoever".
C. Raman Menon,
Additional Secretary to the Govt. of India
THE ATOMIC ENERGY
(AMENDMENT) ACT, 1987
[ACT NO.29 OF
1987]
[8th September, 1987]
An Act further to amend the Atomic Energy Act, 1962.
Be it enacted by Parliament in the Thirty eighth year of
the Republic of India as follows:-
1. Short title — This
Act be called the Atomic Energy (Amendment) Act, 1987.
2. Amendment of section 2
— In section 2 of the Atomic Energy Act, 1962 (hereinafter referred to as the
principal Act), in sub-section (1), after clause (b), the following clause
shall be inserted, namely :-
(bb) "Government company" means company in which
not less than fifty-one per cent of the paid up share capital is held by the Central
Government.
3. Amendment of section 3
— In section 3 of the principal Act -
(i) in clause (a), after the words "atomic
energy", the words "either by itself or through any authority or
corporation established by it or a Government company" shall be inserted;
` (ii) for clause (b) the following clauses shall be
substituted, namely —
(b) to manufacture or otherwise produce any prescribed or
radioactive substance and any articles which in its opinion are, or are likely
to be, required for, or in connection with, the production, development or use
of atomic energy or such re search as aforesaid and to dispose of such
prescribed or radioactive substance or any article manufactured or otherwise
produced;
(bb) (i) to buy or otherwise acquire, store and transport
any prescribed or radioac- tive substance and any articles which in its opinion
are, or are likely to be, required for, or in connection with, the production,
development or use of atomic energy; and
(ii) to dispose of such prescribed or radioactive substance
or any articles bought or otherwise acquired by it, either by itself or through
any authority or corporation established by it, or by a Government
company".
(iii) in clause (f), after the words "all matters
incidental thereto", the words
"either by itself or through any authority or
corporation established by it or a Government company" shall be inserted.
4. Amendment of section 22 —
In section (1) of S.22 of the principal Act,
(i) in clause (a), after the words "to operate"
the words "either by itself or through any authority or corporation
established by it or a Government com - pany", shall be inserted.
(ii) in clause (b), for the words "with the
concurrence of", the words "either by it or through any authority or
corporation" may be substituted.
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