The Atomic Energy Act, 1962

(1) This Act may be called the Atomic EnergyAct, 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 theOfficial Gazette, appoint.

(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 containingthese substances or any other material that may be declared as such by notification by the CentralGovernment; 1[(b) "Government company" means a company in which not less than fifty-one per cent. of thepaid up share capital is held by the Central Government;] (c) "minerals" include all substances obtained or obtainable from the soil (including alluvium orrocks) by underground or surface working; (d) "notification" means notification published in the Official Gazette; (e) "Plant" includes machinery, equipment or appliance, whether affixed to land or not; (f) "prescribed equipment" means any property which the Central Government may, bynotification, prescribe, being a property which in its opinion is specially designed or adapted or whichis used or intended to be used for the production or utilisation of any prescribed substance, or for theproduction or utilisation of atomic energy, radioactive substances, or radiation, but does not includemining, milling, laboratory and other equipment not so specially designed or adapted and notincorporated in equipment used or intended to be used for any of the purposes aforesaid; (g) "prescribed substance" means any substance including any mineral which the CentralGovernment may, by notification, prescribe, being a substance which in its opinion is or may be usedfor the production or use of atomic energy or research into matters connected therewith and includesuranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives orcompounds or any other materials containing any of the aforesaid substances; (h) "radiation" means gamma rays, X-rays, and rays consisting of alpha particles, beta particles,neutrons, protons and other nuclear and sub-atomic particles; but not sound or radio waves, or visible,infrared or ultraviolet light; (i) "radioactive substance" or "radioactive material" means any substance or material whichspontaneously emits radiation in excess of the levels prescribed by notification by the CentralGovernment. (2) Any reference in this Act to the working of minerals shall be construed as including a reference tothe mining, getting, carrying away, transporting, sorting, extracting or otherwise treating of minerals. (3) Any reference in this Act to the production or use of atomic energy shall be construed as includinga reference to the carrying out of any process, preparatory or ancillary to such production or use.

Subject to the provisions of this Act, the CentralGovernment shall have power-- (a) to produce, develop, use and dispose of atomic energy 1[either by itself or through anyauthority or corporation established by it or a Government company] and carry out research into anymatters connected therewith; 2[(b) to manufacture or otherwise produce any prescribed or radioactive substance and anyarticles 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 prescribedor radioactive substance or any articles manufactured or otherwise produced; (bb) (i) to buy or otherwise acquire, store and transport any prescribed or radioactivesubstance and any articles which in its opinion are, or are likely to be, required for, or inconnection with, the production, development or use of atomic energy; and (ii) to dispose of such prescribed or radioactive substance or any articles bought or otherwiseacquired 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 madepublic relating to-- (i) the location, quality and quantity of prescribed substances and transactions for theiracquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise; (ii) the processing or prescribed substances and the extraction or production of fissilematerials from them; (iii) the theory, design, construction and operation of plants for the treatment and productionof 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 fromitems (i) to (iv); (d) to declare as “prohibited area” any area or premises where work including research, design ordevelopment is carried on in respect of the production, treatment, use, application or disposal ofatomic 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 radiationgenerating plant; and (iii) ensure safe disposal of radioactive wastes; (f) to provide for the production and supply of electricity from atomic energy and for takingmeasures conducive to such production and supply and for all matters incidental thereto 1[either byitself 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 theworking of minerals) as the Central Government considers necessary or expedient for the exercise ofthe foregoing powers.

(1) Every person who, whether before orafter the commencement of this Act, has discovered or discovers that uranium or thorium occurs at anyplace in India shall, within three months after the date of commencement of this Act or after thediscovery, whichever is later, report the discovery in writing to the Central Government or to any personor 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 anysuch person or authority as aforesaid.

(1) If the CentralGovernment is satisfied that any person is mining or is about to mine any substance from which, in theopinion of the Central Government, uranium can be or may reasonably be expected to be, isolated orextracted, or is engaged or is about to be engaged in treating or concentrating by any physical, chemicalor metallurgical process any substance from which, in the opinion of the Central Government, uraniumcan be or may reasonably be expected to be, isolated or extracted, the Central Government may be noticein writing given to that person either-- (a) require him in conducting the mining operations or in treating or concentrating the substanceaforesaid to comply with such terms and conditions and adopt such processes as the CentralGovernment may in the notice, or from time to time thereafter, think fit to specify, or (b) totally prohibit him from conducting the mining operations or treating or concentrating thesubstance aforesaid. (2) Where any terms and conditions are imposed on any person conducting any mining operations ortreating or concentrating any substance under clause (a) of sub-section (1), the Central Government may,having regard to the nature of the terms and conditions, decide as to whether or not to pay anycompensation to that person and the decision of the Central Government shall be final: Provided that where the Central Government decides not to pay any compensation, it shall record inwriting a brief statement giving the reasons for such decision. (3) Where the Central Government decides to pay any compensation under sub-section (2), theamount thereof shall be determined in accordance with section 21 but in calculating the compensationpayable, no account shall be taken of the value of any uranium contained in the substance referred to insub-section (1). (4) Where any mining operation or any process of treatment or concentration of any substance isprohibited under clause (b) of sub-section (1), the Central Government shall pay compensation to theperson conducting the mining operations or using the process of treatment or concentration and theamount of such compensation shall be determined in accordance with section 21 but in calculating thecompensation payable, no account shall be taken of the value of any uranium contained in the substance.