General powers of the Central Government
Section 3 of the Atomic Energy Act, 1962 deals with general powers of the Central Government. Subject to the provisions of this Act, the 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; The Act came into force on 21 Sep 1962.
Subject to the provisions of this Act, the Central Government shall have power--
(a) to produce, develop, use and dispose of atomic energy 1[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;
2[(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 research as aforesaid and to dispose of such prescribed 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 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 or 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 or isotopes;
(iv) the theory, design, construction and operation of nuclear reactors;
(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 substances;
(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 or 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 1[either by itself or through any authority or corporation established by it or a Government company]; and
(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.
Section 3, The Atomic Energy Act, 1962 (Act 33 of 1962).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Electronics Corporation of India Ltd. v. State of Andhra Pradesh
Court's Decision & Legal Precedent
Writ concerning DAE/Atomic Energy establishment labour and Factories Act administration under Atomic Energy Act s.23; Court applies Central Government’s special powers under s.3 and the Act’s effect over other laws under s.28 in the institutional/regulatory setting. DATE VERIFIED Final Order 2012-09-20 (order-1.pdf).
On this section: Central Government general powers under Atomic Energy Act engaged in DAE/ECIL regulatory setting.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 4 instruments name this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 of the Atomic Energy Act?
Electronics Corporation of India Ltd. v. State of Andhra Pradesh (20 Sep 2012) is the leading judgment on this section among those set out below: Central Government general powers under Atomic Energy Act engaged in DAE/ECIL regulatory setting.
How do I find court cases under Section 3 of the Atomic Energy Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Atomic Energy Act 1962 3, section 3 Atomic Energy Act 1962, section 3 of the Atomic Energy Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Electronics Corporation of India Ltd. v. State of Andhra Pradesh (20 Sep 2012).
What should I read with Section 3 of the Atomic Energy Act, and has it changed?
2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Atomic Energy (Radiation Protection) Rules, 2004 (2021).
When did Section 3 of the Atomic Energy Act come into force?
Section 3 of the Atomic Energy Act, cited as Atomic Energy Act 1962 3, came into force on 21 Sep 1962, having been enacted on 15 Sep 1962. It is in force as at the date shown on this page.
Other sections of this Act
- 14. Control over production and use of atomic energy695 words
- 11. Compulsory acquisition of prescribed substances, minerals and plants612 words
- 30. Power to make rules474 words
- 2. Definitions and interpretation457 words
- 10. Compulsory acquisition of rights to work minerals434 words
- 20. Special Provisions as to inventions428 words
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. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.