Act Number: 33

Act Name: The Atomic Energy Act, 1962

Year: 1962

Enactment Date: 1962-09-15

Long Title: 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.

Ministry: Department of Atomic Energy

Department:

Section 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, 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.
     1 [(1A) No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be granted to a person other than a Department of the Central Government or any authority or an institution or a corporation established by the Central Government, or a Government company.
     (1B) Any licence granted to a Government company under sub-section (1) shall stand cancelled in case the licensee ceases to be a Government company and, notwithstanding anything contained in any other law for the time being in force, all assets thereof shall vest in the Central Government free from any liability and the Central Government shall take such measures for safe operation of the plant and disposal of nuclear material so vested in it, as may be necessary in accordance with the provisions of section 3.]
     (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 or 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).
Notes:
1. Ins. by Act 5 of 2016, s. 3 (w.e.f. 15-05-2023).
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