THE ATOMIC ENERGY ACT, 1962 
_________ 
ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions and interpretation. 

3. General powers of the Central Government. 

4. Notification of discovery of uranium or thorium. 

5. Control over mining or concentration of substances containing uranium. 

6. Disposal of uranium. 

7. Powers to obtain information regarding materials, plant or processes. 

8. Powers 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. 

11A. Removal of doubts. 

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 Provisions as to inventions. 

21. Principles relating to payment of compensation. 

22. Special provisions as to electricity. 

23. Administration of Factories Act, 1948. 

24. Offences and penalties. 

25. Offences by companies. 

26. Cognizance of offences. 

27. Delegation of powers. 

28. Effect of other laws 

29. Protection of action taken in good faith. 

30. Power to make rules. 

31. Act binding on Government. 

32. [Repealed.] 

1 

THE ATOMIC ENERGY ACT, 1962 
ACT 33 OF 1962 

[15th September, 1962.] 
An Act 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 matters connected therewith. 
BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— 
1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Atomic  Energy                   

Act, 1962. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

 2. Definitions and interpretation.—(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  containing 
these  substances  or  any  other  material  that  may  be  declared  as  such  by  notification  by  the  Central 
Government; 

2[(b) “Government company” means a company in which not less than fifty-one per cent. of the 

paid up share capital is held by the Central Government;] 

(c) “minerals” include all substances obtained or obtainable from the soil (including alluvium or 

rocks) 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,  by 
notification, prescribe, being a property which in its opinion is specially designed or adapted or which 
is used or intended to be used for the production or utilisation of any prescribed substance, or for the 
production or utilisation of atomic energy, radioactive substances, or radiation, but 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  substance”  means  any  substance  including  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,  thorium,  beryllium,  deuterium  or  any  of  their  respective  derivatives  or 
compounds 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  which 
spontaneously  emits  radiation  in  excess  of  the  levels  prescribed  by  notification  by  the  Central 
Government. 

1.  21st  September,  1962,  vide  notification  No.  G.S.R.  1254,  dated  18th  September,  1962,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3 (i). 

2. Clause (bb) shall stand substitute (date to be notified) by Act 5 of 2016, s. 2, to read as under:— 

(bb) “Government company” means a company in which— 

(i) not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; or 
(ii) the whole of the paid-up share capital is held by one or more of the companies specified in sub-clause (i) and 
which,  by  its  articles  of  association,  empowers  the  Central  Government  to  constitute  and  reconstitute    its  Board  of 
Directors. 

2 

                                                           
(2) Any reference in this Act to the working of minerals shall be construed as 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 energy shall be construed as including 

a reference to the carrying out of any process, preparatory or ancillary to such production or use. 

3. 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 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 

1. Ins. by Act 29 of 1987, s. 3 (w.e.f. 8-9-1987).  
2. Subs. by s. 3, ibid., for clause (b) (w.e.f. 8-9-1987).  

3 

                                                           
(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. 

4.  Notification  of  discovery  of  uranium  or  thorium.—(1)  Every  person  who,  whether  before  or 
after the commencement of this Act, has discovered or discovers that uranium or thorium occurs at any 
place  in  India  shall,  within  three  months  after  the  date  of  commencement  of  this  Act  or  after  the 
discovery, whichever is later, report the discovery in writing to the Central Government 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 and the reasons therefor to the Central Government or to any 
such person or authority as aforesaid. 

 5. Control over mining or concentration of substances containing uranium.—(1) If the Central 
Government is satisfied that any person is mining or is about to mine any substance from which, in the 
opinion  of  the  Central  Government,  uranium  can  be  or  may  reasonably  be  expected  to  be,  isolated  or 
extracted, or is engaged or is about to be engaged in treating or concentrating 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 be notice 
in writing given to that person either— 

(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 

(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 
treating 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  any 
compensation 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 in 

writing a brief statement giving the reasons for such decision. 

(3)  Where  the  Central  Government  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 shall be taken of the value of any uranium contained in the substance referred to in 
sub-section (1). 

(4)  Where  any  mining  operation  or  any  process  of  treatment  or  concentration  of  any  substance  is 
prohibited  under  clause  (b)  of  sub-section  (1),  the  Central  Government  shall  pay  compensation  to  the 
person  conducting  the  mining  operations  or  using  the  process  of  treatment  or  concentration  and  the 
amount  of  such  compensation  shall  be  determined  in  accordance  with  section  21  but  in  calculating  the 
compensation payable, no account shall be taken of the value of any uranium contained in the substance. 

6. Disposal of uranium.—(1) No minerals, concentrates and other materials which contain uranium 
in  its  natural  state  in  excess  of  such  proportion  as  may  be  prescribed  by  notification  by  the  Central 
Government  shall  be  disposed  of  except  with  the  previous  permission  in  writing  of  the  Central 
Government and in accordance with such terms and conditions as it may impose. 

(2)  The  Central  Government  may  serve  notice  on  any  person  who  has  produced  any  mineral, 
concentrate  or  other  material  referred  to  in  sub-section  (1)  that  the  Central  Government 1[proposes  to 
compulsorily  acquire  it  and  upon  the  service  of  the  notice],  the  mineral,  concentrate  or  other  material 
shall become the property of the Central Government and shall be delivered to the Central Government or 
as it may direct: 

1. Subs. by Act 59 of 1986, s. 2, for certain words (w.e.f. 21-9-1962),  

4 

                                                           
* 

1* 
2[(3) Compensation in respect of acquisition under sub-section (2) shall be paid in accordance with 
section 21 and in determining such compensation 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 shall be 
taken of the value of uranium in its natural state contained therein.] 

* 

* 

* 

7.  Powers  to  obtain  information  regarding  materials,  plant  or  processes.—The  Central 
Government  may,  by  notice  in  writing  served  on  any  person,  require  him  to  make  such  periodical  and 
other returns, or statements at such times and containing such particulars and accompanied by such plans, 
drawings, and other documents as may be specified in the notice relating to— 

(a)  any  prescribed  substance,  specified  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  Central 
Government is or can be a source of any of the prescribed substances, including returns in respect of 
any such land or mine; 

(b) any plant in his possession or under his control designed for mining or processing of minerals 
so specified, or adapted for the production 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  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. 

8. Power of entry and inspection.—(1) Any person authorised by the Central Government may, on 
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 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, 

and may inspect the mine, premises or land and any articles contained therein. 

(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 
extracts, may remove any such drawing, plan or other document after giving a duly signed receipt for the 
same and retain possession thereof for a period not exceeding seven days. 

 9. Power to do work for discovering minerals.—(1) The Central Government may, subject to the 
provisions  of  this  section,  do  on,  over  or  below  the  surface  of  any  land  such  work  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 present. 

(2)  Before  any  powers  are  exercised  under  sub-section  (1)  in  relation  to  any  land,  the  Central 
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 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. 

1. The proviso omitted by Act 59 of 1986, s. 2 (w.e.f. 21-9-1962).  
2. Ins. by s. 2, ibid. (w.e.f. 21-9-1962).  

5 

 
 
 
 
 
 
 
 
                                                           
(3)  The  Central  Government  may,  after  giving  the  person  making  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 not so as to increase the extent of the land affected. 

(4)  Compensation  shall  be  determined  and  paid  in  accordance  with  section  21  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.  Compulsory  acquisition  of  rights  to  work  minerals.—(1)  Where  it  appears  to  the  Central 
Government that any minerals from which in its opinion any of the prescribed substances can be obtained 
are present in or on any land, either in a natural state or in a deposit of waste material obtained from any 
underground  or  surface  working,  it  may  by  order  provide  for  compulsorily  vesting  in  the  Central 
Government  the  exclusive  right,  so  long  as  the  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 Government 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) rights necessary for the purpose of access to or conveyance 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 aforesaid; 

(d) rights to use and occupy for the purpose 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 

(e) rights to obtain a supply or water for any of the purposes connected with the working of the 
minerals aforesaid, or 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 all persons who, but for the order, would be entitled 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 under this 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 affected 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 uranium can 
be obtained. 

11.  Compulsory  acquisition  of  prescribed  substances,  minerals  and  plants.—(1)  Save  as 
otherwise provided in any other provision of this Act, the Central Government may compulsorily acquire 
in accordance with the provisions of this section— 

(a) any prescribed substance; 

(b)  any  minerals  from  which  in  the  opinion  of  the  Central  Government  any  of  the  prescribed 

substances can be obtained; 

(c) any prescribed equipment; 

6 

(d) any plant which is designed or adapted for the mining or processing of any minerals referred 
to  in  clause  (b)  or  substances  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 
are likely to be required for or in connection with the production, use or disposal of atomic energy or 
for research into matters connected 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  buildings,  railway  sidings,  tramway  lines,  or  aerial  ropeways 
serving such plant. 

(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 previous permission in writing of the Central Government. 

(5)  If  it  appears  to  the  Central  Government  in  consequence  of  any  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. 

(6) A notice served under sub-section (3) shall contain a statement 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 appearing before and being heard by a person appointed by the Central Government for 
the purpose. 

(7)  After  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-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 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; 

(b) if such an objection is duly made and the notice is confirmed as respect 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  respect  of  acquisition  under  this  section  shall  be  paid  in  accordance  with            

section 21. 

1[11A. Removal of doubts.— For the removal of doubts, it is hereby declared that the compulsory 
acquisition  of  any  mineral,  concentrate  or  other  material  under  sub-section  (2)  of  section  6,  or  of  any 
substance, minerals, equipment or plant under sub-section (1) of section 11, shall not be deemed to be a 
sale for any purpose whatsoever.] 

1. Ins. by Act 59 of 1986, s. 3 (w.e.f. 21-9-1962).  

7 

                                                           
12. Compensation in case of compulsory acquisition of a mine.—Where the Central Government 
acquires, in accordance with any law, any mine or part of a mine from which in the opinion of the Central 
Government  any  of  the  prescribed  substances  can  be  obtained,  compensation  in  respect  of  such 
acquisition shall be paid in accordance 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. 

13.  Novation  of  certain  contracts.—(1)  The  Central  Government  may  serve  on  the  parties  to  a 
contract relating to prospecting or mining of any substance from 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 contract 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  provisions  of  this  section,  the 
contract  shall,  as  regards  any  rights  exercisable,  or  liabilities  incurred,  on  or  after  the  said  date,  have 
effects as if the Central Government were a party to the contract instead 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 statement 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 appearing before and being heard by person appointed by the Central 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 rights and liabilities of a party to a contract are transferred to the Central Government 
under this section, there shall be paid to that party such compensation in respect of any loss suffered by 
that party as may be agreed between him and the Central Government, and in default of such agreement, 
as may be determined by arbitration. 

14. Control over production and use of atomic energy.—(1) The Central Government may, subject 

to such rules as may be made in this behalf, by order prohibit except under a licence granted by it— 

(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; 

(ii) the acquisition, production, possession, use, disposal, export or import— 

(a) of any of the prescribed substances; or 

(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  adopted  or  manufactured  for  the  production,  development  and 

use of atomic energy or for research into matters connected therewith; or 

(d) of any prescribed equipment. 

1[(1A) No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be granted to a person 
other  than  a  Department  of  the  Central  Government  or  any  authority  or  an  institution  or  a  corporation 
established by the Central Government, or a Government company. 

(1B)  Any  licence  granted  to  a  Government  company  under  sub-section  (1)  shall  stand  cancelled  in 
case  the  licensee  ceases  to  be  a  Government  company  and,  notwithstanding  anything  contained  in  any 
other law for the time being in force, all assets thereof shall vest in the Central Government free from any 
liability and the Central Government shall take such measures for safe operation of the plant and disposal 
of nuclear material so vested in it, as may be necessary in accordance with the provisions of section 3.] 

1. Ins. by Act 5 of 2016, s. 3 (date to be notified). 

8 

                                                           
(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. 

(3) Without prejudice to the generality of the foregoing provisions, the rules referred to in this 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 information; 

(b) the extent to which the area or premises under the control 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 installation 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  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  sufficient  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 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 persons; and 

(g)  such  other  incidental  and  supplementary  provisions  including  provisions  for  inspection  and 
also for the sealing or premises and seizure, retention and disposal of any article in respect of which 
there are reasonable grounds for suspecting that a contravention 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). 

15.  Requisitioning  of  any  substance  for  extracting  uranium  or  plutonium.—(1)  The  Central 
Government  shall  have  the  right  to  require  that  any  substance  which,  in  the  opinion  of  the  Central 
Government, contains uranium, plutonium or any of their isotopes, shall be delivered to it and the Central 
Government may extract from that substance the uranium, plutonium or any of their isotopes contained 
therein  and  return  the  substance  to  the  person  concerned  on  payment  of  compensation  which  shall  be 
determined in accordance with section 21: 

Provided that such compensation shall not, in any case, 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 taken 
on 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 impose, the use of small quantities of natural uranium for the purpose of 
examination, test or analysis. 

16. Control over radioactive substances.—The Central Government may prohibit the manufacture, 
possession,  use,  transfer  by  sale  or  otherwise,  export  and  import  and  in  any  emergency,  transport  and 
disposal, of any radioactive substances without its written consent. 

17.  Special  provisions  as  to  safety.—(1)  The  Central  Government  may,  as  regards  any  class  or 
description  of  premises  or  places,  being  premises,  or  places,  in  which  radioactive  substances  are 
manufactured, produced, mined,  treated, stored  or  used  or  any  radiation  generating  plant,  equipment or 
appliance 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; 

9 

(b)  to  secure  that  any  radioactive  waste  products  resulting  from  such  manufacture,  production, 

mining, treatment, storage, or use as aforesaid are disposed of safely; 

(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  sub-section,  provide  for 
imposing requirements as to the erection or structural alterations of buildings or the carrying out of 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 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. 

(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 aircraft for the purpose of ascertaining whether there has been committed, or is 
being committed, 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 to persons or 
damage to property arising from radiation or contamination by radioactive substances including, without 
prejudice  to  the  generality  of  the  foregoing  provisions,  and  to  the  right  to  take  further  action  for  the 
enforcement  of  penalties  under  section  24,  the  sealing  or  premises,  vehicle,  vessel,  or  aircraft,  and  the 
seizure of radioactive substances and contaminated equipment. 

18. Restriction on disclosure of information.—(1) The Central Government may by  order restrict 
the disclosure of information, whether contained in a document, drawing, photograph, plan, model, or in 
any other form whatsoever, which relates to, represents or illustrates— 

(a)  an  existing  or  proposed  plant  used  or  proposed  to  be  used  for  the  purpose  of  producing, 

developing or using atomic energy, or 

(b) the purpose or method of operation of any such existing or proposed plant, or 

(c) any process operated or proposed to be operated in any such existing or proposed plant. 

(2) No person shall— 

(a) disclose, or obtain or attempt to obtain any information restricted under sub-section (1), or 

(b)  disclose,  without  the  authority  of  the  Central  Government,  any  information  obtained  in  the 

discharge of any functions under this Act or in the performance of his official duties. 

(3) Nothing in this section shall apply— 

(i) to the disclosure of information with respect to any plant of a type in use for purposes other 
than the production, development or use of atomic energy, unless the information disclose 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  available  to  the  general  public  otherwise  than  in 

contravention of this section, to any subsequent disclosure of that information. 

19. Prevention of entry into prohibited areas.—The Central Government may by order prohibit— 

(a) entry of any person, without obtaining permission, into a prohibited area, and 

(b) taking by any persons, without permission, of any photograph, sketch, pictures, drawing, map 
or  other  document  from  a  prohibited  area  and  any  permission,  if  given  to  do  these  things,  may  be 
subject to stipulations which the Central Government may consider necessary. 

10 

20.  Special  Provisions  as  to  inventions.—(1)  As  from  the  commencement  of  this  Act,  no  patents 
shall be granted for inventions which in the opinion of the Central Government are useful for or relate to 
the  production,  control,  use  or  disposal  of  atomic  energy  or  the  prospecting,  mining,  extraction, 
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 under sub-section (1) shall also apply to any invention of the nature specified in 
that  sub-section  in  respect  of  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 (2 of 1911), 
before the commencement of this Act and is pending with him at such commencement. 

(3)  The  Central  Government  shall  have  the  power  to  inspect  at  any  time  any  pending  patent 
application and specification before its acceptance and if it considers that 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 person, who has made an invention which he has reason to believe relates to atomic energy, 

shall communicate to the Central Government the nature and description of the invention. 

(5)  Any  person  desiring  to  apply  for  a  patent  abroad  for  an  invention  relating  to  or  which  he  has 
reason  to  believe  relates  to  atomic  energy  shall  obtain  prior  permission  from  the  Central  Government 
before making the application abroad or communicating the invention to any person abroad, unless three 
months have elapsed since his request for permission was made to the Central Government and no reply 
was received by him. 

(6) The Controller of Patents and Designs shall have the power 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 conceived whether in establishments controlled by the 
Central  Government  or  under  any  contract,  sub-contract,  arrangement  or  other  relationship  with  the 
Central  Government  shall  be  deemed  to  have  been  made  or  conceived  by  the  Central  Government, 
irrespective of whether such contract, sub-contract, arrangement or other relationship involves financial 
participation of or assistance from the Central Government. 

(8) Notwithstanding anything contained in the Indian Patents and Designs Act, 1911 (2 of 1911), the 

decision of the Central Government on points connected with or arising out of this section shall be final. 

21. Principles relating to payment of compensation.—(1) Save as otherwise provided in this Act, 
where by reason of exercise of any powers under this Act, any compensation is payable, the amount of 
such compensation shall be determined in the manner and in accordance with the principles hereinafter 
set out, that is to say— 

(a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with 

such agreement; 

(b)  where  no  such  agreement  is  reached,  the  Central  Government  shall  appoint  as  arbitrator  a 
person having expert knowledge as to the nature of the right affected who shall determine 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 section 9— 

(i) to the nature of the work done; 

(ii) the manner, extent and duration of the exercise of any powers under that section; 

(iii) the diminution in the rent of the land and of the property situated thereon, which might 
reasonably  be  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; and 

(iv) 

the  provisions  of  sub-section  (1)  of  section  23  of 

the  Land  Acquisition                                    

Act,  1894  (1  of  1894),  in  so  far  as  such  provisions  can  be  made  applicable  to  the  exercise  of 
powers under section 9; and 

11 

(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 effected by 
him immediately before the date of the acquisition. 

(3) An appeal shall lie to the High Court against an award of the arbitrator except in cases where the 

amount claimed thereof does not exceed an amount prescribed in this behalf by the Central Government. 

(4) The Central Government may make rules prescribing the procedure to be followed in arbitrations 
under this Act and the principles to be followed in the apportionment of the cost of proceedings before the 
arbitrator and on appeal. 

(5) Save as provided in this Act, nothing in any law for the time being in force relating to arbitration 

shall apply to arbitrations under this Act. 

 22. Special provision as to electricity.—(1) Notwithstanding anything contained in the Electricity 

(Supply) Act, 1948 (54 of 1948), the Central Government shall have authority— 

(a)  to  develop  a  sound  and  adequate  national  policy  in  regard  to  atomic  power,  to  co-ordinate 
such policy with the Central Electricity Authority and the State Electricity Boards constituted under 
sections 3 and 5 respectively of that Act 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 1[,either  by  itself  or  through  any  authority  or 
corporation  established  by  it  or  a  Government  company,]  atomic  power  stations  in  the  manner 
determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter 
into agreement regarding the supply or electricity so produced; 

(b) to fix rates for and regulate the supply of electricity from atomic power stations  2[either by 
itself  or  through  any  authority  or  corporation  established  by  it  or  a  Government  company,  in 
consultation with] of the Central Electricity Authority; 

(c) to enter into arrangements with the Electricity Board of the State in which an atomic power 
station  is  situated  1[either  by  itself  or  through  any  authority  or  corporation  established  by  it  or 
a Government company] for the transmission of electricity to any other State: 
Provided  that  in  case  there  is  difference  of  opinion  between  the  Central  Government  1[or  such 
authority or corporation or Government company, as the case may be,] and any State Electricity Board in 
regard  to  the  construction  of  necessary  transmission  lines,  the  matter  shall  be  referred  to  the  Central 
Electricity Authority whose decision shall be binding on the parties concerned. 

(2) No provision of the Indian Electricity Act, 1910 (9 of 1910), or any rule made thereunder or of 
any instrument having effect by virtue of such law or rule 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  (9  of  1910),  and  the  Electricity  (Supply)                         
Act, 1948 (54 of 1948). 

23.  Administration of Factories  Act,  1948.—Notwithstanding  anything  contained  in the  Factories 
Act, 1948 (63 of 1948), the authority to administer the said Act and to do all things for the enforcement of 
its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall vest 
in the Central Government in relation to any factory owned by the Central Government 3[or any authority 
or corporation established by it or a Government company] and engaged in carrying out the purposes of 
this Act. 

24. Offences and penalties.—(1) Whoever— 

(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 

1.  Ins. by Act 29 of 1987, s. 4 (w.e.f. 8-9-1987).  
2. Subs. by s. 4, ibid., for “with the concurrence of” (w.e.f. 8-9-1987).  
3. Ins. by s. 5, ibid. (w.e.f. 8-9-1987).  

12 

                                                           
(c)  obstructs  any  person  authorised  by  the  Central  Government  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; 

shall be punishable with imprisonment for  a term which may extend to five years, or with fine, or with 
both. 

(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 Section 7 or knowingly makes any untrue 

statement in any return or statement made in pursuance of any such notice; or 

(c) obstructs any person or authority in the exercise of powers under Section 8 or 9; or 

(d) contravenes any other provision of this Act or any order made there under; 

shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  one  year,  or  with  fine,  or  with 
both. 

25.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed 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  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he exercised 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  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 
officer 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 and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means  any  body  corporate  and  includes  a  firm  and  other  association  of 

individuals; and 

(b) “director” in relation to a firm, means a partner in the firm. 

26. Cognizance of offences.—(1) All offences under this Act shall be cognizable under the Code of 
Criminal  Procedure,  1898  (5  of  1898),  but  no  action  shall  be  taken  in  respect  of  any  person  for  any 
offence under this Act except on the basis of a written complaint made— 

(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. 

(2)  Proceedings  in  respect  of  contravention  of  section  18  shall  not  be  instituted  except  with  the 

consent of the Attorney General of India. 

27. Delegation of powers.—The Central Government may, by order, direct that any power conferred 
or any duty imposed on it by this Act shall, in such circumstances and subject to such conditions as may 
be specified in the direction, be exercised or discharged also by— 

(a) such officer or authority subordinate to the Central Government, or 

13 

(b) such State Government or such officer or authority subordinate to a State Government as may 

be specified in the direction. 

28.  Effect  of  other  laws.—The  provisions  of  this  Act  shall  have  effect  notwithstanding  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. 

29. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie 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 of order made thereunder. 

30.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification,  make  rules  for 

carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for— 

(a)  declaring  any  information  not  so  far  published  or  otherwise  made  public  as  restricted 
information and prescribing the measures to be taken to guard against unauthorised dissemination or 
use thereof; 

(b) declaring any area or premises as prohibited area and prescribing 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  uranium,  thorium  and  other  prescribed 

substances and for payment of rewards for such discoveries; 

(d) control over mining or concentration of substances containing uranium; 

(e)  regulating  by  licensing  and  encouraging  by  award  of  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) regulating the production, import, export, transfer,  refining, possession, ownership, sale, use 
or  disposal  of  the  prescribed  substances  and  any  other  articles  that  in  the  opinion  of  the  Central 
Government may be used for, or may result as a consequence of, the production, use or application of 
atomic energy; 

(h) regulating the use of prescribed equipment; 

(i) regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of 

any radioactive substance; 

(j)  regulating  the  transport  of  such  prescribed  substances  as  are  declared  dangerous  to  health 

under sub-section (2) of section 17; 

(k)  developing,  controlling,  supervising  and  licensing  the  production,  application  and  use  of 

atomic energy; 

(l) fees for issue of licences under this Act; 

(m) the manner of serving notices under this Act; 

(n) generally promoting co-operation among person, institutions and countries in the production, 

use, application of atomic energy and in research and investigations in that field. 

(3) Rules made under this Act may provide that a contravention of the rules shall, save as otherwise 

expressly provided in this Act, be punishable with fine which may extend to five hundred rupees. 

(4) Every rule made under this Act shall be laid as soon as may be after it is made, before each House 
of Parliament while it is in session for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions, and if 1[before the expiry of the session immediately following the 
session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or 
both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall  thereafter  have  effect  only  in  such 

1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for “before the expiry of the session in which it is so laid” (w.e.f. 15-5-1986).  

14 

                                                           
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. 

31. Act binding on Government.—The provisions of this Act shall be binding on Government. 

32. [Repeal of Act 29 of 1948].—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and 

the First Schedule (w.e.f. 20-12-1974). 

15 

