 the atomic energy bill, 1962(as introduced in lok sabha on 13th august 1962) j arliament uf;skatn 110 •••••••••••• -_ r)ate •• ~1:-1l;~  arrangement of clausbs clauses1 short title, extent and commencement 2 definitions and interpretation 3 general powers of the central government 4 notification of discovery of uranium or thoriwn 5 control over mining or concentration of substances containing uranium 6 disposal of uranium 7 power to obtain information regarding materials, plant 01' processes 8 power of entry and inspection 9 power to do work for discovering minerals 10 compulsory acquisition of rights to work minerals 11 compulsory acquisition of prescribed substances, minerals and plants 12 compensation in case of compulsory acquisition of a mine 13 novation of certain contracts 14 control over production and use of atomic energy 15 requisitioning of any substance for extracting uranium or - plutonium 16 control over radioactive substances 17 special provisions as to safety 18 restriction on disclosure of information 19 prevention of entry into prohibited areas 20 special provdsions es to inventions 21 principles relating to payment of compensation 22 special provision as to electricity 23 administration of factories act, 1948 24 offences and penalties 25 offences by companies  clavses26 cognizance of offences 27 delegation of powers 28 effect of other laws 29 protection of action taken in good fattii 30 power to make rules 31 act binding on government 32 repeal of act 29 of 1948  the atomic energy bill, 1962 (as introduced in lok sabha) a billeo provide for the development, control and use of atomic energy 1m' the welfare of the people of india and for other peaceful purposes and for matters connected therewith be it enacted by parliament in the thirteedjth year of the republic of india as follows:-1 (1) this act may be called the atomic energy act, 1962 (2) it extends to the whole of india short title extent and commencement s (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 (1) in this act, unless the context otherwise requires,-definitions and intcrprc-(a) "ajtomic energy" means energy released from atomic tation nuclei as a result of any process, including the fission and fusion processes; 10 (b) "fissile material" means uranium 233, uranium 235, plutonium or any ~terlal containing these substances or any other material that may be declared as such by notification by the central government; is (c) "minerals" include all substances obtained or obtainable from the soll (including alluvium or rocia) by underground or surface working; (d) "notification" means notifiollltion published in the 0filctl g~ette; (e) "plant" includes machinery, equipment or appliance, whether affixed to land or not; <f) "prescribed equipment" means any property which the 5 central government may, by notification, prescribe, being a property which in its opinion is specially deslgned or adapted or which is used or intended to be used for the production or utilisation of eny prescribed substance, or for the production or utilisation of atomic energy, radioactive substances, or radiation, but 10 does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid; (g) "prescribed substjance" means any substance including 15 any mineral which the central government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thonwn, beryllium, deuterium or any of their respective deriva- 20 tives or compounds or any other materials containing tldy 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 2s waves, at visible, infrared or ultraviolet light; (i) "radioactive substance" or "radioactive material" means any subetance or material which spontaneously emits radiation in excess of the levels prescribed by notifl~tion by the central government 30 (2) any reference in this act to the working of minerals shall be construed 811 including a reference to the 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 3s energy shall ,be (ccmstrued as including a reference to the carrying out of any prqcefl, preparatory or ancillary to such production or use general powers of tbe ccdttai government 3 subject to the provisions of this am, 'bhe central government shan have power-<a) tg pmiuce, develop, \lie and dispose of atomic energy 40 and carry out research into any matters co~ed therewith; (b) to manufacture or otherwise produce, 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 or such research as aforesaid and to dispose of any articles manufactured or otherwise produced, bought or otherwise acquired by it; (c) to declare as "restricted information" any information not so far published or otherwise made public relating to-10 (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 of prescribed substances and the 15 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 end for the separation of isotopes; (iv) the theory, design, construction and operation of 20 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 25 on in respect of the production, treatment, use, application or disposal of atomic energy or of any presori-bed substance; (e) to provide for control over radioactive substances or radiation generating planrt: in order to-(i) prevent radiation hazards; 30 (ii) secure public ibfety and 'safety of persods handling radioactive substances or radiation generating plant; and (iii) ensure safe disposal of rac:tioactive wastes; (f) to provide for t~e production and supply of electricity from atomic energy and for taking measures conducive to such 3s production and supply and for all matters incidental thereto; 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 fer the exereise of the foregoing powers ~o~ion 4 (1) every person who, whether before or after the commence-~fu:::1/ ment of this act, has discovered or discovers that uranium or or thorium thorium occurs at any place in india shall, within three months after the date of commencement of this act or efter the discovery, whichever is later, report the discovery in writing to the central govern,,:, s ment or to any person or 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 end the reasons therefor to the central govern- 10 ment or to any such person or authority as aforesaid control over 5 (1) if the central government is satisfied that any person is ::~~tr~~ mining or is about to mine any substance from which, in the opinion don of aub- of the central government, uranium can be or may reasonably be ltadceb ted b containing expec to e, isolated or extracted, or is engaged or is about to be is uranium engaged in treating or concentralting by any physical, chemical or metallurgical process any substance from which, in the opinion of the central government, uranium can be or may reasonably be expected to 'be, isolated or extracted, the central government may by notice in writing give to that person either-20 (a) require him in conducting the mining operations or in treating or concentrating the substance aforesaid to comply with such terms and conditions and adopt such processes as the central government may in the notice, or from time to time thereafter, think fit to specify, or 25 (b) totally prohibit him from conducting the mining operations or treating or concentrating the substance aforesaid (2) where any terms and conditions are imposed on any person conducting any mining operations or treatm, or concentrating any substance under clause (a) of sub-section (1), the central govem- 30 ment may, having regard to the nature of the terms and conditions, decide as to whether or not to pay any compensation to that person and the decision of the central govemment shall be final: provided that where the central govemment decides not to pay any compensation, it shan record in writing a brief statement giving 35 the reasons for such decision ' (3) where the central govemment decides to pay any compensation under sub-section (2), the amount thereof shall be determined in accordance with section 21 but in calculating the compensation payable, no account shan be taken of the value of any uranium 40 contained in the substance referred to in sub-sedion (1) (4) where any mining op~ration or any process of treatment or concentration of any substanc~ is prohibited under clause (b) of subsection (1), the central government shall pay compensation to the person conducting the mining operations or using the process of ~ treatment or concentration lind the amount of such compensation shall be determined in accordance with section 21 but in calculating the compensation payable, no account shan be taken of the value of any uranium contained il1 the substance 6 (1) no minerals, concentrates and other materials which con- dis~osal of [0 tain urani}lm in its natural state in excess of such proportion as may uraruum be prescribed by notification by the central government shall be disposed of except with the previous permjssion in writing of the central government and in accordance with such terms tbnd conditions as it may impose '! (2) the central goverl1ment may serve notice on any person who has produced any mineral, concentrate or other material referred to in sub-section (1) that the central govemment proposes to acquire it and upon the service of the notice and the payment of compensation in accordance with section 21, the mineral, concentrate or other 20 material shall become the property of the central govenunent and shall be delivered to the central government or as it may direct: provided that in determining the compensatioll regard shall be had to the cost of production of such mineral, concentrate or other material and such other factors as may be relevant, but no account 25 shall be taken of the value of uranium in its natural state contained therein i 7 the central gowrnment may, by notice in writing served on pow~ to any pe;son, require him to make such periodical and other retul"d8, :::, inforor statements at such times and containing such particulars and rep~idg 30 accompanied by such plans, drawings and other documents as may ~~' be specified in ,the notice relating toprocesses (a) any prescribed substance, speclfted in the notice, in his possession or under his control or present in or on any land or mine owned or occupied by him which in the opinion of the 35 centool government }s or can be a source of any of the prescribed substances, including returns in respect of any such land i or mine; (b) any plant in his possession or under his control designed for mining or processing of minerals so specifled, or adapted for 40 the produ~t~on or use of atomic energy or research into matters connected therewith; (c) any contract entered into by him or any licence granted by or to him relating to prospecting or mining of minerals so specified or the production or use of atomic energy or research into matters connected therewith; (d) any other information in his possession relating to any 5 work carried out by him or on his behalf or under his directions, in connection with prospecting or mining of materials so specified or the production or use of atomic energy or research into matters connected therewith power of entry and inspection 8 (1) any person authorised by the central government may, on 10 producing, if so required, a duly authenticated document showing his authority, enter any mine, premises or land-(a) where he has reason to believe that work is being carried out for the purpose of or in connection with production and processing of any prescribed substances or substances from which is a prescribed substance can be obtained or production, development or use of atomic energy or research into matters connected therewith, or (b) where any such plant as is mentioned in clause (b) of section 7 is situate 20 and may inspect the mine, premises or land and any articles contained therein power to do work for dlscoftring minerals (2) the person carrying out the inspection may make copies of or extracts from any drawing, plan or other document found in the mine, premises or land and for the purpose of making such copies or 25 extracts, may remove any such drawing plan or other document after giving a duly signed receipt for the same and retain poueslion thereof for a period not exceeding seven days t (1) the central government may, subject to the provisions of this section, do on, over or below the surface of any land such work 30 as it considers necessary for the purpose of discovering whether there is present in or on the land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, any substance from which in its opinion any of the prescribed substances can be obtained, and the extent to which such substance is so 3s present (2) before any powers are exercised under sub-section (1) in relation to any land, the centra! government shall serve on every owner, lessee and occupier of the land a notice in writing specifying the nature of the work proposed to be done and the extent of the land 40 : affected, and the time, not being less than twenty-eight days within  {which and the manner in which objections can be made thereto, and no such powers shall be exercised otherwise than in pursuance of the notice or before the expiration of the time specified therein for making objections (3) the central government may, after giving the person making 5 the objection an opportunity of appearing before and being heard by a person appointed by the central government for the purpose, and after considering any such objection and the report of the person so appointed, make such orders as it may deem proper but riot so as to increase the extent of the land affected 10 (4) compensation shan be determined and paid in accordance with section zi in respect of any diminution in the value of any land or property situate thereon resulting from the exercise of powers under this section 10 (1) where it appears to the central government that any compulsory is minerals from which in its opinion any of the prescribed substances ~=::~: can be obtained are present in or on any land, either in a natural1n?rit state or in a deposit of waste material obtained from any under- mldcrals ground or surface working, it may by order provide for compulsorily vesting in the central government the exclusive right, so long 88 the 20 order remains in force, to work those minerals and any other minerals which it appears to the central government to be necessary to work with those minerals, and may also provide, by that order or a subsequent order, for compulsorily vesting in the central government any other ancillary rights which appear to the central govern-25 ment to be necessary for the purpose of working the minerals aforesaid including (without prejudice to the generality of the foregoing provisions) -(a) rights to withdraw support; (b) righta necessary for the purpose of access to or convey-30 anee of the minerals aforesaid or the ventilation or drainage of the working; (c) rights to use and occupy the surface of any land for the purpose of erecting any necessary buildings and installing any necessary plant in connection with the working of the minerals 35 aforesaid; (d) rights to use and occupy for the p~se of working the minerals aforesaid any land forming part of or used in connection with an existing mine or quarry, and to use or acquire any plant used in connection with any such mine or quarry; and 40 (e) rights to obtain a supply of water for any of the purposes connected with the working of the minerals aforesaid, or 1147(8) ls -·z to dispose of water or other liquid matter obtained in consequence of working such minerals (2) notice of any order proposed to be made under this section shall be served by the central government-(a) on ~ll persons who, but for the order, would be entitled 5 to work the minerals affected; and (b) on every owner, lessee and occupier (except tenants for a month or for less than a month) of any land in respect of which rights are proposed to be acquired under the order (3) compensation in respect of any right acquired ander this 10 section shall be paid in accordance with section 21, but in calculating the compensation payable, no account shall be taken of the value of any minerals present in or on land ajlected by the order, being minerals specified in the order as those from which in the opinion of the central government uranium or any concentrate or derivative of i~ uranium can be obtained -;=~~:~~ry 11 (1) save as otherwise provided in any other provision of this of prescribed act, the central government may compulsorily acquire in accordance tubatanees, 'th th '  f th' sect' alderel wi e provisions 0 is lonand plants, (a) any prescribed substance, 20 (b) any minerals from which in the opinion of the central government any of the prescribed substances can be obtained; (c) any prescribed equipment; (d) any plant which is designed or adapted for the mining or processing of any minerals referred to in clause (b) or subs- 25 tances obtained therefrom or for the production or use of any prescribed substance or a radioactive substance or for the production, use or disposal of such articles as are or arc likely to be required for or in connection with the production, use or disposal of atomic energy or for research into matt:::rs connected 30 therewith (2) where the central government acquires any plant referred to in clause (d) of sub-section (1), it shall also have the right to acquire any bui1dings; railway sidings, tramway lines, or aerial ropeways serving tluch plant 35 (3) where the central government proposes to acquire any property under sub-section (1), it shall serve upon the person appearing to be the owner thereof, a notice in writing specifying the property to be acquired and requiring that person to make to the central government within the time specified in the notice a written declaration containing such particulars as may be so specified regarding the ownership of such property and any agreement or charge by virtue , of which any other person has an interest in such property (4) upon the service of a notice under sub-section (3), no property to which the notice relates shall be disposed of without the pre· vious permission in writing of the central government (5) if it appears to the central government in consequence of any 10 written declaration made to it in pursuance of sub-section (3) that any person other than the person on whom the notice under sub-section (3) was served is the owner of, or has any interest in, the property to which the notice relates, the central government shall serve a copy of the notice on that other person 15 (6) a notice served under sub-section (3) shall contain a state· ment to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the central government shall afford an opportunity to the person making the objection of appear-20 ing before and being heard by a person appointed by the central government for the purpose (7) mter considering any such objection, and the report of the person appointed by it under sub-section' (6), the central government may serve on the persons upon whom the -notice under sub-2s section (3) or a copy thereof was served a further notice in writing either withdrawing the notice of acquisition or confirming the said notice as respects the property to which it relates or such part of the property as may be specified (8) any property with respect to which a notice of acquisition is 30 served under this section shall-(a) if no objection is duly made to the notice, vest in the central government at the expiration of the time for making such objection; 3s (b) if such an objection is duly made and the notice is confirmed as respects the whole or· any part of that property by a notice served under sub-section (7), vest accordingly in the central government on the service of the last mentioned notice; and shall in either case vest free from all encumbrances (9) compensation in reaped of aequisition under this section shall 40 be paid in accordance with section 21 c o compen  -12 where the central government acquires, in accordance with lion in cate any law, any mine or part of a mine from whieh in the opinion of the :!r~o::~~_ central government any of the prescribed substadceb un be obtain-~ of a ed, compeuation in respect of such acquilitietb shall be paid in aeldlne cordance with section 21: provided that in determining the amount of such compensation, no account shall be taken of the value of uranium which may be obtained from such mine or part of a mine c iii c( ti it c( w novation of 13 (1) the central government may serve on the parties to a =:~ con- contract relating to prospecting or mining of any substance from 10 which any of the prescribed substances can be obtained or to production or use of atomic energy or to research into matters connected therewith, not being a contract for the rendering of personal services a notice in writing stating that on such date as may be specified in the notice the rights and liabilities of any of the parties to the con- is tract specified in the notice (hereinafter referred to as the specified party) will be transferred to the central government, and thereupon subject to any withdrawal of the notice under the following provfaioiul of this section, the contract shall, as regards any rights exerciuble or liabilities incurred, on or after the said date, have effect 20 as if the central govenunent were a party to the contract 1iuitead of the specified party and as if for any reference in the contract to the specified party there were substituted a reference to the central government (2) a notice served under sub-section (1) shall contain a state- 25 ment to the dect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the central government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the central 30 government for the purpose (3) after considering any such objection and the report of the person appointed by it under sub-section (2), the central government may make such order as it may deem proper (4) where the rigbts and liabilities of a party to a coiltnct are 35 transferred to the central government under tbis section, there shall he paid to tbat party sueh compensation in respect of any loss dered tty that party as may be agreed between him and the central goveniiiieet, and in default of sueh agreement, as may be determined by arbitration control over 14 (i) the central government may, subject to such rules as may production be made in this behalf, by order prohibit except under a lieence aduc of atomic granted by itcneray· (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; s (ii) the acquisition, production, possession, use, disposal, export or import-(a) of any of the prescribed substances; or 10 (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 adapted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith; or (d) of any prescribed equipment is (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 20 (3) without prejudice to the generality of the foregoing provi-sions, the rules referred to in thik 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 in-2s formation; (b) the extent to which the area or premises under the cod-trol 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 installa-30 tion 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 35 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 sufftci-40 ent 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 5 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 10 persons; and " (g) such other incidental and supplementary provisions including provisions for inspection and also for the sealing of premises and seizure, retention and disposal of any article in respect of which there are reasonable grounds for suspecting that a con- j 5 travention 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) requisition-15 (1) the central government shall have the right to require 20 ing of any that any substance which, in the opinion of the central government, substance for t  , it' of th' 't h ii be d i' extracting cen ams uranium, p u omum or any elr iso opes, s a e lor uranium vered to it and the central government may extract fronl that plutonium substance the uranium, plutonium or any of their isotopes contained therein and return the substance to the person concerned cn pay- 25 ment of compensation which shall be determined ill accordance with section 21: ' provided that such compensation shall not, in any ease, exceed the cost incurred by the person in the production, mining or irradiation of ·the substance and in determining the same no account shall be 30 taken of the value of the uranium, plutonium or any of their isotopes extracted from the substance (2) nothing in this section shall prevent the central government from permitting, subject to such conditions as it may deem fit to fm-- ~se, the us~ of small quantities of natural uranium for the purpose 35 i)f examination, test or analysis control over 14; the central government may prohibit the manufacture, pos-:~:c~~~ session, use, transfer by sale or otherwise, export and import and in an emergency, transport and disposal, of any radioactive substances wlihout its written consent, 17 (1) the central government may, as regards any class or spe(:!a1 , 1 be'  i ' h' h provislons9 description of prerruses or paces, mg prerruses or paces, m w lc to safety radioactive substances are manufactured, produced, mined, treated, stored or used or any radiation generating plant, equipment or appli-5 ance is used, make such provision by rules as appear to the central government to be necessary-(a) to prevent injury being caused to the health of persons employed at such premises or places or other persons either by radiations, or by the ingestion of any radioactive substance; [0 (b) to secure tlmt any radioactive waste products resulting from such manufacture, production, mining, treatment, storage, or use as aforesaid are disposed of safely; 15 (c) to prescribe qualifications of the persons for employment at such premises or places and the regulation of their hours of employment, minimum leave and periodical medical examination; and the rules may, in particular and without prejudice to the generality of this subseclion, provide for imposing requirements as to the erection or structural alterations of buildings or the carrying 'out of 20 works (2) the central government may, as respects the transport of any radioactive substance or any prescribed substance specified by an order issued under this act as being dangerous to health, make such rules as appear to be necessary to prevent injury being caused 25 by such transport to the health of persons engaged therein and other persons, (3) rules made under this section may provide for imposing requirements, prohibitions and restrictions on employers, employed persons and other persons 30 (4) any person authorised 'by the central government under this section, may, on producing, if so required, a duly authenticated document showing his authority, enter at all reasonable hours any premises, or any vehicle, vessel or aireraft for the purpose of ascertaining whether there has been committed, or is being committed, 35 in or in connection with the premises, vehicle, vessel or aircraft, any contravention of the rules made under this section (5) in the event of any contravention of the rules made under this section, the central government shall have the right to take such measures as it may deem necessary to prevent further injury 40 to persons or damage 110 property arising from radiation or contamination by radioactive subs1anoes, including, without prejudice to the generauty of the fol'egoing provisions, and to the right to take further action for the enforcement of penalties wlder section 24, the sealing of premises, vehicle, vessel, or aircraft, and the seizure of radioactive substances and contaminated equipment restriction 18 (1) the centnl government nay by order restrict the dis- 5 on dibfoclosure of information, whether contained in a document, drawing, r:;:~tiod photograph, plan, model, or in any other form whatsoever, which relates to, represents or illustnltes--(a) an existing or proposed plant used or proposed to be used for the purpose of producing, developing or using atomic 10 energy, or (b) the purpose or method of operation of any such existing or proposed plant, ar (c) any process opel1tted or proposed to be operated in any such existing or proposed plant is (2) no person shall-(a) disclose, or obtain or attempt to obtain any information relrtricted under sub-eeetion (1), ar (b) disclose, without the authority of the central government, any infonnation obtained in the diacbarge of ,any functions 20 under this act or in the performance of his oftlcial duties (3) nothing in this section shall epply-(i) to the disclosul'e of infomwrtion with respect to any plant of a type in use for purposes other than the production, development or use of atomic energy, unless ,the infonnation 25 discloses that plant of that type is used or proposed to be used for the production, development or use of atomic energy or research into any matters connected therewith; or (ii) where any information has been made evailable to the general public otherwise than in contravention of'this section, 30 to any subsequent disclosure of that information 19 the central government may by order prohibit-prevention of~~lnto p ted 1nii (a) entry of any person, without obtaining permission, into a prohibited area, and (b) king by any penon, without permission, of any photo- 35 graph, sketch, pictures, drawing, map or other document from a prohibited area and any permiiidoil, if given to do these things, may he ubject to atipulations which the central govemment may consider nece  ry zo (1) as from the commencement of this act, no patents shah speeial be granted for inventions which in the opinion of the central ::!iaiodl government are useful for or relate to the production, control, use invedtiaa •• or disposal of atomic energy or the prospecting, mining extraction, s production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations (2) the prohibition u'nder sulb-section (1) shall also epply to any invention of the nature specified in that su~on in respect of of 1911 10 which an application for the grant of a patent has been made to the controller of patents and designs appointed under the indian patents and designs act, 1911, before the commencement of this act and is pending with him at souch commencement   ---(3) the central goverrunent shall have the power to inspect 6t 15 any time any pending patent application and specification before its acceptance and if it considers tihat the invention relates to atomic energy, to issue directions to the controller of patents and designs to refuse the application on that ground (4) any~, who has made an invention which he has reason 20 to believe relates to atomic enel"gy, shall communicate to the central government the natu're and description of the invention (5) any ·person desiring to apply for a patent abroad for an invention resting to or which he has reason to ,believe relates to atomic energy shall obtain prior permission from the central govern-25 ment ~fore making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for pel"mission was made to the centll81 government and no reply wu; received by him (6) the controller of patents and designs shall have the power 30 to refer any application to the central government for direction as to whether the invention is one relating to atomic energy and the direction given by the central government shall be final (7) any invention in the field of atomic energy oonce1ved whether in establishments controlled by the central government or 35 under any contl"8ct, sub-contract, ai'l1li1gement or other relationship  with the centre! government shall be deemed to have been made or conceived by the central government, irrespective of whether such contract, sub-oontract, a1rrangement or other relationship' involves financial participation of or assis1ance from the central government 40 (8) notwithstanding anything contained in the indian patents i of 1911 and designs act, 1911, the decision of the central government on pointa' connected with or arising out of this section ahall be flnal  18f'l (b) ls-3 " ' 21(1) save as otberwiseprov'ided in this act, where by reason' of exerclse of any powers ~er tns act, tblly compensation is pay- able, the amount of such compensation shall be determined in the manner and in accorduce with the principles hereinafter set out, that is to say-5 (a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement; (b) where no sucll agreement is reached, the central government shall appoint as arbitrator a person having expert knowledge as to the nature of the righ~ aftected who shall determ:ne 10 the amount of compensation payable (2) in making his award, the arbitrator appointed under sub· section (1) shall have regard-(a) in the case of any compensation payable under sectoiou 9-i, (i) to the nature of the work done; (ii) the manner, e~tent gnd dw-atoion of the exercise of any powers under that section; (iii) the diminution in the rent of the land and of t:1e property situated thereon, which might reasonably be 20 expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end, fdd (iv) the provisions of sub-section (1) of section 23 of the land acqwsitu>n act, 1894, in so far as such provisions 25 f 8 be mad " bl  1' 10 1 9·"· can e 8ipp!lca e to 'liue exerelse of powers under section 9, and (b) in the case of any compensation payable under section 11 or under section 12, to the price which the owner might reasonably have been expected to obtain on a sale of the property 30 effected by him immediately before the date of the acquisition (3) an appeal shall lie to the high court ag'3inst an award of the arbitrator except in cases where the amount claimed thereof ,doel not exceed an amount prescribed in this behalf by the ~tj!'al government 35 (4) ,the c~tral government may make rules prescribing the procedure to be followed in 8i'bitratidil& under this act and the principles to be followed in the eppgrtionment of the cost of pr,pceedin:p be£qre the arbitrator and ·on appeal (5) save &i provided in this act, nothing in any law far tbe time being in foree relating to 8l'wtration shall apply to arbitrations under this act 22' (1) notwithstanding anything contained in the electriclty sp;citipro-, of 1948 s (supply) act, 1948, the centrel government shall have authority- :i:!:~ric~;~ (a) to develop a sound and adequate national policy in regard to atomic poower, to co-ordinate such polley with the central electricity authority and the state electricity boards constlituted under sections 3 and 5 respectively of that act and 10 other similar statutory corporotions concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of such policy and to operate atomic power stations in the manner determined by it in -consultation with the boards or corporations concerned, is with whom· it shall enter into agreement regarding the supply of electricity so produced; (b) to fix rates for and regulete the supply of electricity from atomic power stations with the concurrence of the central electricity authority; as (c) to enter into arrangements with the electricity board of the state in which an atomic power station is situated, for the transmission of electricity to any other state: provided that in case there is difference of opinion between the central government and any state electricity board in regard to the construction of necessary transmission lines, the matter shall be referred to the centra1 electricity authority whose decision shall be binding on the parties concerned 9 of 1910 (2) no provision of the indian electricity act, 1910, or any rule made thereunder or of any instrument having effect by virtue of 30 such law or rale shall have any effect so far as it is: inconsistent with any of the provisions of this act (3) save as otherwise provided in this act, the provisions of this act shall be in addition to, and not in derogation of, the indian electricity act, 1910, and the electricity (supply) act, im8 9 of 1910 54 of 1948• 63 of 1948 3s 23 notwithstanding ally thing eontained in the factories ad, 1948, ~dminjltl  the authority to admillister the said act and to do all things for the ~~~::iet enforcement of its provisions, including the appointment of inspecting act, 1948 staft -and the maldn, f ittles thereunder, shan vest in the central governm_t in relation to any factory owned by the ceatra! government and engaged in carrying out the purposes of this act 24 (1) wboever-(a) contravenes any order made under section 14: or any condition subject to which a licence is granted under that $ section; or ( (b) contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or 11 c t i' e u (c) obstructs any person authorised by the central govern- i ment under sub-section (4) of section 17 in the exercise of powers under that sub-section; or (d) contravenes sub-section (2) of section 18, ahall be punishable with imprisonment for a term which may extend, to five years, or with fine, or with both is (2) whoever-(a) fails to comply with any notice served on him under section 5 or with any terms and conditions that may be imposed on him under that section; or (b) fails to comply with any notice served on him under 20 section 7 or knowingly makes any untrue statement in any return or statement mnde in pursuance of any such notice; or (c) obstructs any person or i\uthority in the exercise of powers under section 8 or 9; or (d) contravenes any other provision of this act or any 2s order made thereunder; shall be purishable with imprisonment for a term which may extend to one year, or with fine, or with both offences by 25 (1) where an offence under this act has been committed by a c:ompanic company, every person who at the time the offence was committed 30 was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render 3s any such person liable to any punlahment, if he proves that the 6nce was committed without his knowledge or that he exereisecl all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company 5 and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other oftlcer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against 10 and punished accordingly ezplan4tion-for the purposes of this section-(a) "company" means any body corporate and includes a flrm and other association of individuals: and (b) "director" in rel&tlon to a ftrm, means a partner in the is ftrm 26 (1) all offences under this act shall be cognizable under c08llizance of 1898 the code of criminal procedure, 1898, but no action shall be taken of offence  in respect of any person for any offence under this act except on the basis of a written complaint made-zo (a) in respect of contravention of section 8, 14, or 17 or any rule or order made thereunder, by the person authorised to exercise powers of entry and inspection; (b) in respect of any other contravention, by a person duly authorised to make such complaints by the central government 25 (2) proceedings in respect of contravention of sectiolll 18 shall not be instituted except with the consent of 1lhe attorney general of india 27 the central government may, by order, direct that any power deleptioll conferred or any duty imposed on it by this act shall, in sucb cir- of powen 30 cumstances and subject to such conditions as may be specifted in the direction, be exercised, or discharged also by-(a) such officer or authority subordinate to the·  central government, or (b) such state government or such officer or authority 35 subordinate to a state government 8s may be specifted in the direction meet of other iawi as the ptovisions t)f this ac:t shall have effect notwithltddina anything inconsistent therewith contained in any enactment other than this act or any other instrument having effect by virtue of any enactment other than this act plotection oflction taten in  good faith 29 no suit, prosecution or other legal proceeding sh:alilie against , the government or any person or authority in respect of anything done by it or him in good faith in pursuance of this act or of ,any rule or order made thereunder =rrul~~ 38 (1) the centnll government may, by notificajtion, make rules for carrying out the purposes of this act 10 (2) in particular, and without prejudice to the generality of the foregoing powers, wch rules may provide for-(a) deelaring any information not so far published or otherwise made public as '!'estricted information and preserlbing the measures to be taken to gu8l'd against unauthorised disse- is mination or use thereof; (b) declaring any area or premises as prohibited area and prescrib~g the measures to be taken to provide against unauthorised entry into or departure from such prohibited area; (c) reporting of information relating to the discovery of 20 uranium, thorium and other prescribed substances and for payment of rewards for such discoveries; (d) conltrol over mining or concentration of substances cod-taining uranium; (e) regulating by licensing and encouraging by award of 2, concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed substances; <f) compulsory acquisition of prescribed substances minerals and plants; (g) regwaiing the production, import, export, transfer, 30 refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the gpinion of the cen·tral government may be used for, or may result as a consequence of, the production, use or application of atomic energy; 35 (h) regulating the use of prescribed equipment; (i) regulatmg the mantif8eturi custody, transport transfer t sale, export, import, use or disposal of any radioactive substance; (j) regulating tale transport of such prescribed 911bstari6ei as are declared dangerous to health under sub-section (2) of sec:-tion 17; (k) developing, controlling, supervising and licensing the s production, application and use of atomic  energy; (i) fees for issue of licences under this act; (m) the manner of serving notices under this act; (n) generally promoting co-operation among persods, insti tutions and countries in the production, use, application of ato-10 mic energy and in research and investigations in that field (3) rules made under this act may provide that q contravention of the rules shall, save as otherwise expressly provided in this act, be punishable with fine which may exjtend to five hundred rupees (4) every rule made under this act shall be laid as soon as may is be after it is made, before each house of parliament while it is in session for q total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule 20 or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 2s 31 the provisions of this act shall be binding on ment  govern- act bindiq on govern ment 32 the atomic energy act, 1948, is hereby repealed repeal or act 39 0( 1948•  statement of objects and reasonsat present control over the development of atomic energy and matters connected therewith is exercised under the atomic energy act, 1948 (29 of 1948) having regard to the developments in the field of atomic energy since the enactment of that legislation and with a view to the implementation of the future programme of expansion in this field, it has become necessary to revise that act e~tensively it is accordingly proposed to repeal the existing act and to replace it by a comprehensive measure the notes on clauses explain the important provisions of the blll new delhi; jawaharlal nehru t1ue 3rd august 1962 - long title to the bm-this gives an indication of the pollcy ol the government of india in regard to the development of atomic energy, namely, that it will be used for the welfare of' the people of india and other peaceful purposes clause 4 makes it obligatory on persons diseovering uranium' or thorium to report their discovery to government in view of the importance of these substances to the atomic energy programme clause 5, inte1' alia, empowers the central government to impose certain terms and conditions on persons eniaged" in mining substances from which uranium can be isolated or extracted clause 6 permits the central government to prohibit the dilpoial of substances' containing uranium in excess of prescribed perea_-without its prior permission it also enables government 'to acquire such substances on payment of compensation clause 12 empowers the central government to acquire any mine or part of a mine from which, in its opinion, any of the prescribed substances can be obtained on payment of compensation at provided in the bill clause 15 vests the '"central government with the right to require that any substance containing uranium or plutonium· or any of their isotopes shall be delivered to government "'!'he intention is to extract uranium, plutonium or any of their isotopel from such substance and return the residue to the party concemed compensation will be paid for the substajlces extracted this is necessary not only because uranium, plutonium and their isotopes are essential to the atomic energy programme, but also because they are strategic materials which have military potentialities and which constitute a radiation hazard c'lawe 16, for the same reason, prohibits the manufacture, possession use transfer by sale or otherwise, export, import, etc, of radioactive substances without the written consent of the centnl government i clause 11 enables the central government to make !utes; to ensure that safety measures are taken in handling radioactive lubltances wherever they are manufactured, produced, mined treated, tored, transported or used clause 20 contains provisions under which inventions relating to atomic energy will cease to be patentable in india this is necessary as the central government, which has assumed the sole responsibility for the development of atomic energy in the country, rhould for obvious reasons be free to develop its programme without being hampered by patent rights in respect of the inventions which involve the use of atomic energy clause 21 sets out the principles relating to the payment of compensation in those cases where it is payable under the act clause 22 empowers the central government to develop a national policy in regard to atomic power, to co-ordinate such policy with the central electricity authority, the state electricity boards and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of ·such policy and to operate such power stations it also authorises the central government to fix rates for and to regulate the supply of electricity from the atomic power stations with the concurrence of the central electricity authority since the central government has assumed the sole responsibility for the development of atomic energy in this country, it is necessary that it should have the necessary authority to formulate the policy in regard to the production and supply of electricity by utilisation of atomic energy and to implement the schemes in pursuance of that policy clause 23 vests in the central government the authority to administer the provisions of the factories act, 1948, and to enforce its provisions in the factories, workshops or other places of work owned by the central government, and engaged in carrying out the purposes of the act this provision is essential as radiation hazards require elaborate precautions which the department of atomic energy is in the best position to prescribe and enforce clause 24 prescribes a penalty of imprisonment up to ftve years or ftne without limit or both for grave offences under the act, and a penalty of imprisonment up to one year or fine without limit or both for less serious offences clause 26 makes offences under the act cognizable under the code of criminal procedure, 1898 clause 31 declares that the provisions of the act shall be binding on government this provision is necessary to make the provisions of the act applicable to state governments the flnancial' effect of the bill can be classified in two categorie&-(i) expenditure arising directly from the application of the provilions of the bill, and (ii) expenditure incidental to the development oi atomic energy the former category will include all expenditure incurred in setting up organisations (a) to carry out inspections in the interest of the health and safety of the personnel employed in the handling and transport of radioactive substances and those employed in the plants and workshops where work connected with atomic energy is being carried out or in mines where radioactive minerals are being mined, (b) to grant licences under the act, and (c) to prohibit or restrict mining or other operations the expenditure on (b) above can be offset by recoveries from licensing fees the expenditure on account of the payment of compensation involved in (i) regulating mining operations (ii) acquisition of rights to work minerals (iii) compulsory acquisition of prescribed substances, mineral's, plants, mines, etc, and (iv) transfer to government of uranium, plutonium, etc, will fall in the second category it is not possible to indicate with any degree of accuracy the expenditure to be incurred from the consolidated fund of india as it would depend oil the pace and extent of the programme for atomic energy development in the country and the extent to which the acquisition of certain rights or materials, plants etc, is necessary, depending upon this programme the extent of compensation incidental' thereto cannot in the very nature of the case be estimated 2 the following clauses of the bill have financial implications and the nature of the expenditure involved under each clause is explained below:-cl4t1be s-with a view to ensuring an adequate supply of uranium and other atomic minerals required to support the development of atomic energy in this country, tqe central government may, under this clause, impose any terms and conditions for the conduct of mining operations or the treatment or concentration of substances containing uranium, or totally prohibit the conduct of mining operations or the treatment or concentration of such substances compensation may have to be paid to the parties affected in such cases depet'dijl(( upon the nature of the conditions imposed c'latue 6-the- central government· may udder ,thia claue acquire, on payment of compensation, minerals, eonc:entntea and other materials containing uranium clause 9-this clause confers on the central government ·the right to undertake any work in connection with the discovery of minerals containing prescribed substances compensation is payable in respect of any diminution iil the value of the land or property' situated thereon, resulting from the undertaking of such work clause lo-this clause authorises the central government to assume the exclusive right to work minerals required in connection with the development of atomic energy and certain other ancillary rights which may be necessary for the purpose of working  such minerals compensation is payable in respect of rights acquired under this clause clause ll-this dause empowers the central government to acquire, on payment of compensation, any prescribed substances and certain minerals and plants required in connection with the development of atomic energy clxluse 12-this clause provides that compensation is payable for acquisition of any mine or part of a mine from which any of the prescribed substances can be obtained clause 13-under this clause, the central government may acquire the rights and liabilities of any part,- to a contract relating to prospecting or mining of any substance from which any of the prescribed substances can be obtained compensation will have to be paid to the party concerned in such cases clause l5-under this clause, the central government will have the right to require that any substance containing uranium, plutonium, or any of their isotopes shall be delivered to it such substance, after extraction of plutonium, uranium or isotope, shall be returned to the party concerned compensation to the extent defined in this clause will have to be paid by the government to the party clause 23-under this clause, the authority to administer the factories act, 1948 shall vest in the central government in relation to factories or workshops or other places of work owned by the central government rnd engaged in carrying out the purposes of the bill this may require setting up of an organisation and employment of suitable staff, which would otherwise have to be employed by the authorities responsible for the administration of the factories act, 1948 clause 30-the enforcement of the rules, which may be framed by the central government for carrying out the purposes of the bill, will require the employment of suitable staff clause 30 of the bill empowers the central government to make ruj'es for carrying out the purposes of the act the matters in respect of which rules may be ma~e relate, inter alia, to declaring any information as restricted information and prescribing precautions against unauthorised dissemination thereof, declaring any area as a prohibited area and providing against unauthorised entry into it, control over mining or concentration of substances containing uranium, compulsory acquisition of prescribed substances, minerals and plants, regulation of the grant of licences for the acquisition, possession etc, of prescribed substances and equipment, protection against radiation hazards and prescription of fees for the issue of l'icences these are matters of procedure and detail incidentai to or consequential upon the other provisions of the bill the rule-making power is thus of a normal character power is also being conferred on the central government to issue notifications-(a) prescribing the equipment and substances required in connection with the development of atomic energy [clause 2 (f) and (g)]; (b) prescribing the levels of the intensity of radiation of substances to be c!assifted as radioactive substances for the purposes of the act [clause 2 (i)]; (e) prescribing the minimum uranium content in minerals which may not be disposed of except with the prior permission of the central government and laying down terms and conditions for their dispos,ai [clause 6 (i)] these powers are intended to facilitate the enforcement of the act with due regard to the nature of the substancp or mineral concerned a bill 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 mattl,;rs connected therewit~ , the president bas, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (shri jqfljaharlal nehru, prime minister, ) 