ATOMIC ENERGY ACT, 1962
(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 date1as the Central Government may by notification in the Official Gazette, appoint.
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1. The Act came into force on 21-9-1962.
(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;
1[(bb) "Government company" means a company in which not less than fifty-one per cent 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" mean
Subjectto the provisions of this Act, the Central Government shall have power--
(a)to produce, develop, use and dispose of atomic energy 1 [either byitself or through any authority or corporation established by it or a Governmentcompany] and carry out research into any matters connected therewith;
2 [(b)to manufacture of otherwise produce any prescribed or radioactive substance andany articles which in its opinion are, or are likely to be, required for, or inconnection with, the production, development or use of atomic energy or suchresearch as aforesaid and to dispose of such prescribed or radioactive substanceor any articles manufactured or otherwise produced;
(bb)(i) to buy or otherwise acquire, store and transport any prescribed orradioactive substance and any articles which in its opinion
(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.
(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
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(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 Government1[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;
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3[(3) Compensation in resp
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;
(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 situate, 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, premise
(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 or 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 su
(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) rights to withdraw
(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 rese
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.]
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1. Inserted by the Atomic Energy (Amdt.) Act (59 of 1986), S. 3 (w.e.f. 21-9-1962).
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, 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.
(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 c
(1) The Central Government may, subject to such rules aas may be made in this behalf, 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 adapted or manufactured for the production, developme
(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 the uranium, plutonium or any of their isotopes extracted from the substance.
(2) Nothing in this section shall prevent the Central Government from permitting,
The Central Government may prohibit the manufacture, possession, use, transfer by sale or otherwise, export and import and in any emergency, transport and disposal, of any radioactive substances without its written consent.
(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 an
(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,
The Central Government may by order prohibit--
(a) entry of any person, without obtaining permission, into a prohibited 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.
(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 Gov
(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 hereinafter 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 such 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
(1)Notwithstanding anything contained in the Electricity (Supply) Act, 1948, theCentral Government shall have authority--
(a)to develop a sound and adequate national policy in regard to atomic power, toco-ordinate such policy with the Central Electricity Authority and the StateElectricity Boards constituted under sections 3 and 5 respectively of that Actand other similar statutory corporations concerned with the control andutilisation of other power resources, to implement schemes for the generation ofelectricity in pursuance of such policy and to operate 1 [either byitself or through any authority or corporation established by it or a Governmentcompany] atomic power stations in the manner determined by it in consultationwith the Boards or Corporations concerned, with whom it shall enter intoagreement regarding the supply of electricity so produced:
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 Government1[or any authority or corporation established by it or a Government company] and engaged in carrying out the purposes of this Act.
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1. Inserted by the Atomic Energy (Amdt.) Act (29 of 1987), S. 5 (8-9-1987).
(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 rule made under Section 17 or any requirement, prohibition or restriction imposed under any such rule; or
(c) obstructs 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 extend to five years, or with fine, or with both.
(2) Whoever--
(a) fails to comply with any n
(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 attributa
(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 sections, 14or 17 or any rule 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.
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.
The provisions of this Act shall have effect notwithstanding anything consistent therewith contained in any enactment other than this Act or any other instrument having effect by virtue of any enactment other than this Act.
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.
(1)The Central Government may, by notification, make rulesb for carrying out thepurposes 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 asrestricted information and prescribing the measures to be taken to guard againstunauthorised dissemination or use thereof;
(b)declaring any area or premises as prohibited area and prescribing the measuresto be taken to provide against unauthorised entry into or departure from suchprohibited area;
(c)reporting of information relating to the discovery of uranium, thorium and otherprescribed substances and for payment of rewards for such discoveries;
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The provisions of this Act shall be binding on Government.
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1. Repealed by the Repealing and Amending Act, 1974 (56 of 1974) by Section 2 and First Schedule.
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