The Atomic Energy Act, 1963

The Atomic Energy Act, 1963

The Atomic Energy Act enacted in 1962 had set its objectives for widely setting a path leading towards development in relation to the utilization of nuclear energy and to train scientists further for them to carry out more intricate research for the benefit and welfare of the nation. This Act took within its ambit the probability of all problems that could be the result of working with nuclear energy in the areas where production, development, and disposal of it would take place. 

The Act seeks to provide standards of controlling radioactive substances and plants and measures to prevent radiation accidents, retain public safety, assure cautious disposal of radioactive wastes, and so on. Section 3 and 5 of the Act allows the establishment of State electricity boards and other corporations for controlling, safeguarding, and utilizing power resources to generate the electricity required to operate atomic power stations according to the process resolved by the Boards and Corporations working closely with it and entering into agreements related to supply of electricity needed. It also provides special provisions relating to control over radioactive substances, the authority to inspect, regulate, and maintain production and use of atomic energy, and so on.

Powers of the Central Government

1. According to Section 3(a) and (b) of the Act, the Central Government is conferred with the power of producing, manufacturing, using, and disposing of atomic energy and radioactive substances subsequently. The Central Government or any authority related to it can carry out research related to atomic energy and anything related to it. They can also manufacture any article along with the radioactive substance that would be required in the process of producing, developing, or using atomic energy. 
2. Section 3(C) puts forth what “restricted information” constitutes under the Act. It includes information like location, usage, quantity, way of purchase, disposal, and so on about substances as recommended by the Act which was essential in the use and study of atomic energy; extraction and manufacturing of fissile materials; theory and design for operating nuclear reactors, and so on.
3. A “prohibited area” as per Section 3(d) incorporates areas suitable to carry out research, design, and development work for production, treatment, application, and disposal of atomic energy and radiation substances. 
4. The Central Government under Section 3(e) is authorized to manage and control radioactive substances and subsequent plants generating radiation for preventing hazards, securing the safety of the public, ensuring the disposal of the radioactive wastes, and so on. 

Provisions regulating and controlling the discovery of uranium or thorium, disposal of uranium or mining or concentration of substances containing uranium

1. Section 4 of the Act puts forth that whoever before or after the Act, discovers or discovered uranium or thorium in any place located in India in a matter of three matters after the commencement of the Act or the discovery of it must notify the Central Government or an authority set up by the Central Government of it in writing. Even a person who finds and believes that uranium and thorium could exist and occur in a place in India, he/she must inform the Central Government or the assigned authority about it as soon as possible.
2. If the Central Government believes and is sure about a person mining or about to mine a substance is uranium which could be expected as isolated or extracted, or is pursuing the treatment or concentration of a substance that is uranium or expected to be uranium by any ‘physical, chemical or metallurgical process,’ then it can direct that person to conduct such operations under the guidance of the government or by adhering to the rules set by it, or it can forbid the person completely from conducting such operations under Section 5 of the Act.
3. The minerals and materials that uranium constitutes in its natural form cannot be disposed of without the notification or permission of the Central Government in writing under Section 6(1) of the Act. If a person produces a mineral or material as mentioned in Section 6(1), then by the Central Government’s notice that becomes the property of the Central Government and has to be given to the government on time. The cost of its production is according to Section 21 of the Act.

The authority to work on the discovery of minerals

1. The Central Government under Section 9(1) can conduct any work under or over the surface of any land as it deems fit for discovering minerals in its natural state or in the form of disposed waste material. 
2. Before considering the powers under Section 9(1) of the Act, the Central Government has to serve the owner or occupier of that land with a notice clearly specifying about the nature of work and the extent of land that it would be carried over, within the time frame of twenty-eight days where suitable objections can be raised.
3. Compensation has to be paid according to section 21 for any damage or depreciation in the value of the land or property on which the work is carried on.

Controlling the production and use of atomic energy 

1. The Central Government under Section 14(1) can make rules and order to prohibit, except if a licence is granted, the work of a mine or mineral specified in the order. It can also stop the ‘acquisition, production, possession, use, disposal, export or import’ of substances prescribed by the Central Government, or any minerals or substances mentioned in the rules which according to the Central Government can be used to acquire prescribed substances, any plant constructed to facilitate the development, manufacturing and utilisation of atomic energy, and so on. 
2. The rules under this section indicate that when a person has been granted a licence under this section, then whatever information he has in his possession regarding it, that falls within the ambit of restricted information. The extent of the area considered under the licence has to be regarded as a prohibited area.
3. Requirements and prohibitions on employers employed persons and such related persons are laid by this Act as notified by Section 14(2)(f).
4. Supplementary provisions like rules for inspection, sealing of premises, seizing, retaining or disposing of articles indicating contravention of the rules under the Act, and so are all specified. 

Safety provisions

1. The Central Government can make rules regarding any place or premises where radioactive substances can potentially be manufactured, mined, stored or used or with regard to a radiation generating plant, or appliance as well to prevent injuries, health hazards of people employed at such places, for securing any radioactive waste products, setting qualification requirements for people being employed at such places, and so on under Section 17.
2. The Central Government with regard to the transport of any radioactive substance or any such substance as prescribed under the Act can make rules preventing such injuries and health hazards for it being dangerous to health.

Offences and Penalties

1. Section 24 of the Act lays down what according to the Act constitutes an offence and what is the possible penalty that one is subjected to for committing it. Section 24(1) puts forth certain offences punishable with imprisonment extending to 5 years and fine, or both:

• Whoever violates Section 14 any condition under that section against which a license is granted.
• For defying rules under Section 17 or any condition imposed by such rules.
• Obstructing authority from exercising powers as under Section 17(4).
• Infringing Section 18(2).

1. Section 24(2) puts forth offences punishable with a term of imprisonment extending up to 1 year, or fine, or both:

• Whoever is delivered with a notice or subjected to conditions under Section 5 of the Act and fails to adhere to it.
• Whoever does not abide by the notice given under Section 7 of the Act and makes false statements regarding such a notice.
• Anyone who interferes and prevents authority from exercising power under Sections 8 and 9 of the Act.