All about Atomic Energy Act, 1962

The FAQs have been prepared by Lohitaksh Shively, a 3rd-year, BA.LLB student at ILS Law College, Pune. He is currently interning with LatestLaws.com.

Introduction

The growth and entire debate relating to India’s nuclear policy was considerably influenced by the devastating aftermath of the nuclear holocaust that had taken place in the world after the devastating period of the Second World War in 1945. India’s the then government was forced to draw out its nuclear policy relating to disarmament. Furthermore, India’s policy was greatly shaped by former US President Eisenhower’s “Atoms for Peace” manifesto. It spoke about the willingness to work for the transfer of a part of fissionable material from military to peaceful purposes. Needless to say, this kind of energy and its discharge had to be kept under constant check and control. Thus, the Atomic Energy Act of 1962 which replaced the 1948 legislation, was fabricated to provide for the development, control and use of such atomic energy for the welfare of the people of India.

1. Who was the architect of India’s Nuclear policy?

Ans. Jawaharlal Nehru is the rightful architect of India’s Nuclear policy. He was of the opinion that science was the only full proof solution for acute poverty, hunger, illiteracy and for diminishing resources. Even though such an advancement lay in embracing science and technology, he was aware of the potential destructive power of science. He was in all support of nuclear energy and its ability to peacefully open up limitless possibilities for human development and prosperity. The Nehruvian nuclear policy created a bridge between nuclear energy and the socio-economic development of India. Therefore, in short the policy was centred around the idea of harnessing the atom to lift the standard of living of the people.

2. What is the legislative framework of the Nuclear policy?

Ans. The Indian Nuclear policy was launched in 1948 when the Atomic Energy Bill was introduced in the Constituent Assembly by the then Premier Jawaharlal Nehru. The bill’s objectives were mainly two fold viz research and development in secrecy and along methodical lines; state ownership over atomic minerals. Furthermore, the Act led to creation of an institutional framework i.e. the Atomic Energy Commission in 1948, which was reorganized in 1958, within the Department of Scientific Research, the Atomic Energy Establishment and Department of atomic Energy  in 1954, The Atomic Energy Regulatory Board (AERB) in 1983. The 1948 act was replaced by its more comprehensive version, the Atomic Energy Act of 1962. Its prime focus was “welfare of the people of India”. It was a strict manifestation of the Nehruvian policy as, even during the height of the Cold War and a possible nuclear-capable Chinese aggression, the Act declared that Atomic Energy would be used only for “peaceful purposes”.

3. What are the broad Objectives of the Act?

Ans.  This Act which came into force on 15^th September, 1962 aims at providing various standards for keeping in check the levels of the radioactive substances and plants, along with furnishing measures to – avert radiation accidents, preserve public safety, assure vigilant disposal of radioactive waste, maintain limited production and use of atomic energy, utilize nuclear energy for beneficial purposes, train scientists to carry out more convoluted research, etc. In short, this Act focuses on promoting a well-controlled and well protected use of radioactive substances.          

4. What are the radioactive materials that have been mentioned in this Act?

Ans. The interpretation clause i.e. Section 2 of the Act lays down what materials constitute as radioactive ones and have the ability to come under the ambit of this act. Firstly, “Atomic energy” is that energy which is released from the atomic nuclei due to fission/ fusion. Secondly, “Fissile material” is uranium 233, uranium 235, plutonium and any other such material made up of these elements. Thirdly, “Radiation” is gamma rays, X-Rays, and rays comprising alpha particles, beta particles, neutrons, protons, and any other nuclear and sub-atomic particles. However, sound waves, radio waves, visible light, infrared light, ultraviolet light are excluded from such materials. Lastly, such materials are extended to any element which spontaneously emits radiation in excess of the prescribed limits. In short, any substance, whether a material or a mineral that could be regarded as a radioactive substance, could come under the ambit of this enactment.

5. What powers are entrusted with the Central Government?

Ans. The powers that the Central Government possesses are laid down in Section 3 of the Act. They are – produce, develop, use and dispose atomic energy, research into the same, manufacture any such radioactive substance, buy, acquire, store, transport any such radioactive substance, prevent radioactive hazards so as to secure public safety and safety of those handling such radioactive substances, provide for the production and supply of electricity generated from such atomic energy. Furthermore, deem information as ‘restricted’ in nature – comprises information like location, usage, quantity, way of purchase, disposal, extraction of atomic energy and fissile materials, along with the theory and design for operation of nuclear reactors and any such other study; and declare area as ‘prohibited’ – includes those areas which can be used for research work, design, development, production, treatment, usage and disposal of such atomic energy. In short, the Central Government by itself or through any authority or corporation established by it or a government company, has to look into every aspect of the usage, research, production, development, disposal of such radioactive substances.

6. What is the NPCIL?

Ans. Section 3 was amended in 1987 which allowed the creation of an authoritative body i.e. corporation/ government company. Such an addendum led to the establishment of an altogether distinct public sector company, the Nuclear Power Corporation of India (NPCIL). This company had the authority to –  prevent radiation hazards, secure public safety and safety of persons handling radioactive substances or radiation generating plants, ensure safe disposal of radioactive wastes, produce and supply electricity from atomic.

7. What are the various provision relating to uranium?

Ans. Uranium has been discussed in various provision throughout this Act. The details are given below –

1. Discovery – any person who discovers such substance in India has to within 3 months inform the Central Government in writing regarding the same.
2. Mining – if the Central Government is of the knowledge that any person is mining or about to mine such a substance; then, the former may instruct such persons to either do so under their supervision or entirely prohibit them from doing such an act.
3. Disposal – any material containing uranium in excess of the prescribed limits must be disposed of with previous permission from the Central Government and according to its terms.
4. Acquisition – the Central Government may serve such a notice on any person who has produced any material containing uranium in excess and compulsorily acquire it.
5. Requisitioning – the Central Government has the right to require any substance containing uranium or any of its isotopes, and further extract such uranium or any of its isotopes from the substance before returning it back.

8.   How does the Central Government control the production and use of atomic energy?

Ans. Unless and until a license is granted by the Central Government, it can make necessary rules and prohibit certain activities. They are enlisted in Section 14 of the Act, which are –

1. The working of any mine of such substances
2. The acquisition, possession, production, use, disposal, export or import of such substances, their plants and the equipment used therein.
3. The authority to grant, cancel and revoke any such license as seems fit.
4. To deem any such information as restricted information possessed by a person having a license.
5. To deem any such area under the control of a licensee as a prohibited area.
6. Regarding the conditions and criteria for the location, installation and operation of any plant.
7. The details relating to the extent of the liability of the license if any harm has been caused to any person or property.
8. Insurance related provisions relating to settlement of claims and setting up of sufficient funds for the same.
9. Miscellaneous – necessary qualifications, hours of employment, security clearances, medical examinations for the employed personnel, inspection, sealing of premises, retaining or disposing of articles indicating contravention of the rules, fees for such licensing etc.

9. What are the Safety provisions mentioned in the Act?

Ans.  Safety is essential, and to maintain the same the Central Government exercises its powers to make necessary rules and safety measures regarding any place or premises where radioactive substances can potentially be manufactured, mined, stored or used. The measures are enlisted in Section 17, which are – to prevent injury to health of persons employed and exposed to radiation, to dispose of radioactive waste securely, to prescribe qualifications for persons employed in such premises, and to manage the transport of radioactive substances. If any contravention takes place to the established rules, the Central Government has the authority to take necessary decisions to prevent any further injury to any person or property.

10. What are the various offenses and penalties enlisted in the Act?

Ans. Section 24 of the Act lists the various offences and their corresponding punishments. Whoever violates section 14 and any of its conditions under which a license is granted, section 17 and the rules made thereunder, obstructs any authority exercising its powers under section 17 and violates section 18 shall be penalised with imprisonment for a term up to 5 years, or fine, or both.

On the other hand, whoever fails to abide by any notice served to him under sections 5 and 7 or knowingly makes false statements in any such reply to the same, interferes and prevents authority from exercising power under sections 8 and 9 shall be penalised with imprisonment for a term up to 1 years, or fine, or both.

Furthermore, as per section 25, when a company commits an offence under this Act, whomsoever at that time is in charge of the company shall be deemed guilty, unless such a person can prove that the commission was beyond his knowledge and every such precautionary measure was taken.

According to section 26, all the offenses committed under this Act shall be cognizable under the Code of Criminal Procedure, 1898, however no action can be taken without any written complaint filed by an authority having the power to enter and inspect into premises, or any such person duly authorised by the government.

11. What is the Central Government’s power to make rules?

Ans.  As per section 30 of this Act, the Central Government can make ruled in various situations viz restrictions on information; unauthorised dissemination; declaring any area as prohibited area and denying entry into the same; reporting of information relating to the discovery of uranium and other substances; regulating by licensing; compulsory acquisition of prescribed substances; use of the prescribed equipment; regulating transport of substances etc. Furthermore, section 30 (4) requires that each rule made under the 1962 Act be laid before the Parliament.