Act33
Enacted 1962

The Atomic Energy Act, 1962

In force 33 sections Department of Atomic Energy

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.

Act 33 of 1962 Enacted 15 Sep 1962 In force 21 Sep 1962

Administered by. Department of Atomic Energy · Other Acts of 1962

Preamble

THE ATOMIC ENERGY ACT, 1962

ACT 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:--

What this Act covers

Summary of Atomic Energy Act, 1962:

Key Provisions

1. Central Government Oversight

• Authority: Exercises comprehensive control over atomic energy, including production, utilization, and disposal.

• Requisition Power: Can requisition substances (e.g., for uranium/plutonium extraction) with provision for fair compensation.

2. Safety, Security, and Environmental Measures

• Radioactive Substances Control: Strict regulations on possession, use, and transport.

• Mandatory Safety Regulations: For premises, transport, employment, and waste management to ensure public and environmental safety.

3. Information and Facility Security

• Restricted Information Act: Regulates disclosure of sensitive atomic energy information.

• Access Control to Prohibited Areas: Strict documentation and clearance for entry.

4. Intellectual Property and Innovations

• Patent Approval Requirement: Inventions related to atomic energy subject to Central Government clearance.

5. Land Acquisition and Compensation

• Compensation Framework: Based on agreed terms or arbitration, considering property impact and nature of atomic work.

6. Legal and Penal Provisions

• Offences and Penalties: Imprisonment and fines for violations.

• Corporate and Director Liability: For offences committed with consent or through negligence.

7. Administrative and Governance

• Delegation of Powers: To facilitate efficient management.

• Good Faith Immunity: Legal protection for actions taken in good faith.

• Rule Making Authority: For effective implementation and adaptation. Additional Considerations from Related Legislation Insights

• Exemption Clarity: While not directly applicable, noting from other regulatory contexts, any exemptions (if granted under similar regulatory frameworks) are typically time-bound (e.g., up to five years) and subject to consultations with relevant bodies (e.g., Bureau of Energy Efficiency), emphasizing the importance of transparency and expert oversight in decision-making processes.

• Public Servant Status: Personnel involved in regulatory bodies (akin to those in the Bureau of Energy Efficiency or similar) are deemed public servants, highlighting the legal responsibilities and protections associated with their roles. For Detailed Provisions Refer to the Atomic Energy Act, 1962, for comprehensive insights into compensation calculations, special provisions, offences, and concluding legal clauses.

Sections

Type to filter. 33 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions and interpretation
  3. 3General powers of the Central Government
  4. 4Notification of discovery of uranium or thorium
  5. 5Control over mining or concentration of substances containing uranium
  6. 6Disposal of uranium
  7. 7Powers to obtain information regarding materials, plant or processes
  8. 8Powers of entry and inspection
  9. 9Power to do work for discovering minerals
  10. 10Compulsory acquisition of rights to work minerals
  11. 11Compulsory acquisition of prescribed substances, minerals and plants
  12. 11ARemoval of doubts
  13. 12Compensation in case of compulsory acquisition of a mine
  14. 13Novation of certain contracts
  15. 14Control over production and use of atomic energy
  16. 15Requisitioning of any substance for extracting uranium or plutonium
  17. 16Control over radioactive substances
  18. 17Special provisions as to safety
  19. 18Restriction on disclosure of information
  20. 19Prevention of entry into prohibited areas
  21. 20Special Provisions as to inventions
  22. 21Principles relating to payment of compensation
  23. 22Special provisions as to electricity
  24. 23Administration of Factories Act, 1948
  25. 24Offences and penalties
  26. 25Offences by companies
  27. 26Cognizance of offences
  28. 27Delegation of powers
  29. 28Effect of other laws
  30. 29Protection of action taken in good faith
  31. 30Power to make rules
  32. 31Act binding on Government
  33. 32Repealed

Amending Acts

2 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Atomic Energy (Amendment) Act, 198733 of 1987
  • The Atomic Energy (Amendment) Act, 198633 of 1986

Rules made under this Act

19 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Atomic Energy (Amendment), Act, 2015(No.5 of 2016) dated 15.05.20232023
  • Atomic Energy (Arbitration Procedure) Rules, 19832021
  • Atomic Energy (Factories) Rules, 19962021
  • Atomic Energy (Radiation Protection) Rules, 20042021
  • Atomic Energy (Safe disposal of radioactive wastes) Rules, 19872021
  • Atomic Energy (Working of the mines, minerals and handling of prescribed substances) Rules, 19842021
  • Atomic Energy Amendment Act, 20152021
  • Atomic Energy Radiation Processing of food and allied products rules 20122021
  • Notification (July 15, 2005): w.r.t Rule 13 of Atomic Energy (Working of the mines, minerals and handling of prescribed sustances) Rules, 19842021
  • Notification 2865 Mumbai 26.10.20042021
  • Notification dated 15.12.2015 authorising Director AMD to exercise powers of entry and inspection under section 8 of the Act for the purpose of Atomic Energy (Working of the mines, minerals and handling of prescribed substances) Rules, 1984 (New Addition)2021
  • Notification s.o.1014 E 04..07.20052021
  • Notification s.o.984 23.03.20192021
  • Notifications dated 02.02.2021 (a) to delegate power to AERB to define Radioactive substance (03.02.2021) and (b) to determine the levels for regulating radiation generating equipment (03.02.2021). (New Addition)2021
  • Order s.o.213 E 15.03.19952021
  • Guidelines for Nuclear Transfers (Exports) 20162016
  • Notification on List of Prescribed Substances, Prescribed Equipment and Technology under Atomic Energy Act, 19622016
  • Guidelines for implementation of arrangements for cooperation concerning peaceful uses of atomic energy-designation of competent authority2013
  • Guidelines for implementation of arrangements for cooperation concerning peaceful uses of atomic energy2010

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 33 sections of this Act has its own page. This page is not a substitute for legal advice.