The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Bill, 2025 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE SUSTAINABLE HARNESSING AND

•ADVANCEMENT OF NUCLEAR ENERGY FOR

•TRANSFORMING INDIA BILL, 2025

•———

•ARRANGEMENT OF CLAUSES

•———

SECTION Section 10

Untitled Section

6.Application for licence and safety authorisation.

SECTION Section 100

Untitled Section

85.Power to make regulations.

SECTION Section 101

Untitled Section

86.Rules, regulations to be laid before Parliament.

SECTION Section 102

Untitled Section

87.Act to have an overriding effect.

SECTION Section 103

Untitled Section

88.Power to remove difficulties.

SECTION Section 104

Untitled Section

89.Amendment of Act No. 39 of 1970.

SECTION Section 105

Untitled Section

90.Act binding on Government.

SECTION Section 106

Untitled Section

91.Repeal and saving.

•THE FIRST SCHEDULE.

•THE SECOND SCHEDULE.

•THE THIRD SCHEDULE.

•AS INTRODUCED IN LOK SABHA

•Bill No. 196 of 2025

•THE SUSTAINABLE HARNESSING AND ADVANCEMENT OF

•NUCLEAR ENERGY FOR TRANSFORMING INDIA BILL, 2025

•A

•BILL

•to provide for the promotion and development of nuclear energy and ionising

•radiation for nuclear power generation, application in healthcare, food,

•water, agriculture, industry, research, environment, innovation in nuclear

•science and technology, for the welfare of the people of India, and for robust

•regulatory framework for its safe and secure utilisation and for matters

•connected therewith or incidental thereto.

•WHEREAS India having achieved self-reliant capability in production and use

•of nuclear energy, recognises the potential it offers towards rapidly meeting the

•ever increasing energy needs of the country through further research and

•development;

•2

•Short title and

commencement.

•AND WHEREAS India has been pursuing such developments in a responsible way;

•AND WHEREAS nuclear energy is a clean and abundant source for electricity

•and hydrogen production and has the potential to address clean energy needs of

•Viksit Bharat;

•AND WHEREAS India pursues a policy of closed fuel cycle to enable

•sustainability of nuclear fuel resources as well as safe radioactive waste

•management, and has adopted a three -stage nuclear power development

•programme, which aims at full exploitation of India’s abundant thorium reserves;

•AND WHEREAS speedy development for large scale thorium utilisation

•requires strong institutional foundations for research, development and usage of

•next generation technologies;

•AND WHEREAS accelerated growth of Artificial Intelligence,

•high-performance computing, quantum technologies, indigenous semiconductor

•fabrication and large-scale data-driven research requires stable, reliable, abundant,

•clean and round-the-clock power supply, which can be ensured through expanded

•deployment of nuclear energy and necessitating a new legal framework promoting

•research and innovation in private-sector;

•AND WHEREAS application of nuclear science and technology in energy,

•healthcare, food, water, agriculture, industry, research, environment and other

•non-power uses and its utilisation in Artificial Intelligence in supporting

•future-ready applications including advanced materials research, precision

•manufacturing, space technologies and industrial automation is crucial in fulfilling

•India’s developmental aspirations and achieving sustainable development goals;

•AND WHEREAS India is committed to expand the application and deployment

•of nuclear science and technology to enhance nuclear energy share of the total

•energy mix;

•AND WHEREAS it is desirable to harness the potential of nuclear energy

•through active involvement of both public and private sectors and to leverage the

•participation of the domestic industry to contribute to and benefit from the global

•nuclear energy ecosystem including research, technology, manufacturing, finance,

•insurance and skill development;

•AND WHEREAS India’s excellent record in nuclear safety and radiation safety

•needs to be sustained through enhanced legal and regulatory framework for

•ensuring continued excellence keeping pace with the large -scale expansion of

•nuclear power programme, rapidly emerging Artificial Intelligence enabled

•nuclear and radiation technologies and other radiation applications.

•BE it enacted by Parliament in the S eventy-sixth Year of the Republic of

•India as follows:––

SECTION Section 107

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 108

Untitled Section

1.(1) This Act may be called the Sustainable Harnessing and Advancement

•of Nuclear Energy for Transforming India Act, 2025.

(2)It shall come into force on such date as the Cen tral Government may, by

•notification in the Official Gazette, appoint:

•Provided that different dates may be appointed for different provisions of

•this Act and any reference in any such provision to the commencement of this Act,

•shall be construed as a reference to the coming into force of that provision.

•5

•10

•3

•36 of 2003.

•18 of 2013.

•29 of 1986.

•18 of 2013.

•5

•10

•15

•20

•25

•30

•35

•40

SECTION Section 109

Untitled Section

2.In this Act, unless the context otherwise requires,—

(1)“activities” means any activity connected with or incidental to

•production or use of nuclear energy and ionising radiation and includes

•radioactive waste management, import, export or transport of prescribed

•substance or radioactive substance and any other practice or circumstances in

•which an individual may be subject to radiation exposure;

(2)“adjudicating officer” means the adjudicating officer designated as

•such under sub-section (2) of section 70;

(3)“Appellate Tribunal” means the Appellate Tribuna l for Electricity

•established under section 110 of the Electricity Act, 2003;

(4)“Atomic Energy Commission” means the Atomic Energy Commission

•established by the Government of India Resolution dated the 1st March, 1958;

(5)“Board” means the Atomic Energy Regulatory Board constituted

•under sub-section (1) of section 17;

(6)“Central Government” means the Department of Atomic Energy;

(7)“Claims Commission” means the Nuclear Damage Claims

•Commission established under section 56;

(8)“Claims Commissioner” means the Claims Commissioner

•designated as such under sub-section (2) of section 54;

(9)“company” shall have the same meaning as assigned to it in

SECTION Section 11

Untitled Section

7.Conditions for grant of licence or safety authorisation.

SECTION Section 110

Untitled Section

•clause (20) of section 2 of the Companies Act, 2013, but does not include a

•company incorporated outside India;

(10)“Council” means the Atomic Energy Redressal Advisory Council

•established under section 47;

(11)“decommissioning” means permanent discontinuation of the

•operation of any facility or mine, with or without dismantling the equipment,

•removal or containment of any prescribed substance or radioactive material, with

•necessary measures taken for cessation of regulatory or governmental control;

(12)“environment” shall have the same meaning as assigned to it in

SECTION Section 111

Untitled Section

•clause (a) of section 2 of the Environment (Protection) Act, 1986;

(13)“facility” includes nuclear facility and radiation facility;

(14)“financial security” means a contract of indemnity or guarantee or

•shares or bonds or such instrument or any combination thereof;

(15)“fissile material” means––

(a)plutonium;

(b)uranium-233;

(c)uranium -235;

(d)any material containing one or more of the foregoing; and

(e)such other material as the Central Government may from time

•to time notify in this behalf;

(16)“Government company” shall have the same meaning as assigned

•to it in clause (45) of section 2 of the Companies Act, 2013;

(17)“licence” means licence granted by the Central Government under

•this Act;

Definitions.

•4

(18)“licensee” means a person to whom a licence has been granted

•under this Act;

(19)“minerals” include all substances obtained or obtainable from the

•earth surface or sub -surface of the earth crust, either soil or rock, and the

•like; and 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;

(20)“notification” means notification published in the Official Ga zette

•and the term “notify” or “notified” shall be construed accordingly;

(21)“nuclear damage” means any injury, loss or damage caused by a

•nuclear incident,––

(a)occurring in a nuclear installation; or

(b)involving a nuclear material originating in, transported from

•or to, a nuclear installation,

•whether arising from the radioactive properties of such material, or from a

•combination of radioactive properties with toxic, explosive or other

•hazardous properties of such other material, resulting in—

(i)loss of life or personal injury including immediate and

•long-term health impact to an individual;

•(ii) loss of, or damage to, property; or

•(iii) any other loss or damage as may be notified by the Central

•Government, including—

(A)any economic loss;

(B)costs of measures taken for the restoration of an

•impaired environment;

(C)any loss of income arising from an economic interest in

•the use or enjoyment of the environment;

(D)the costs of measures taken for preventing and mitigating

•nuclear damage, and additional loss or damage resulting from such

•measures;

(22)“nuclear energy” means energy released from atomic nuclei as a

•result of any process, including the fission and fusion processes; and any

•reference in this Act to the production or use of nuclear energy shall be

•construed as including a reference to the carrying out of any process,

•preparatory or subsequent or ancillary to such production or use.

Explanation.—For the removal of doubts, it is hereby clarified that any

•reference to the expression “atomic energy” in any law or any other

•instrument having the force of law shall be construed as a reference to

•nuclear energy as defined in this clause;

(23)“nuclear facility” means any plant including the premises and

•precincts thereof in which source material or fissile material is produced,

•processed, used, handled, stored or disposed of and includes nuclear power

•plant, research reactor, fuel fabrication plant, refinement or conversion plant,

•spent fuel storage facility, enrichment plant, reprocessing plant, facility

•engaged in management of waste from use of source or fissile material; or

•any other facility engaged in the use or production of nuclear energy as may

•be notified by the Central Government, but does not include mining and

•processing of ores and facilities handling waste arising thereof;

•5

•10

•15

•20

•25

•30

•35

•40

•45

•5

•10

•15

•20

•25

•30

•35

•40

•45

(24)“nuclear incident” means any occurrence or a series of

•occurrences having the same origin that results in nuclear damage or, despite

•all reasonable measures taken to prevent or mitigate the damage, presents a

•grave and imminent risk of causing such damage;

(25)“nuclear installation” means such nuclear facility where—

(a)nuclear fission can occur in a reactor including one driven by

•external neutrons other than a reactor comprised in any means of

•transport;

(b)nuclear fuel is used for the production or processing of

•nuclear material, including reprocessing of irradiated nuclear fuel; or

(c)nuclear material is stored (other than storage incidental to the

•carriage of such material),

•and several nuclear installations of one operator which are located at the

•same site shall be considered as a single nuclear installation;

(26)“nuclear material” means and includes––

(a)nuclear fuel (other than natural uranium or depleted uranium)

•capable of producing energy by a self -sustaining chain process of

•nuclear fission outside a reactor, either by itself or in combination with

•some other material; and

(b)any radioa ctive material produced in, or any material made

•radioactive by exposure to, the radiation incidental to the production or

•utilisation of nuclear fuel, but does not include radioisotopes which have

•left its nuclear installation of origin for final fabrication so as to be usable

•for any scientific, medical, agricultural, commercial or industrial purpose;

(27)“nuclear security” or “security”, means measures to prevent,

•detect and respond to criminal or intentional or unauthorised or malicious

•acts including unauthorised removal of fissile material and sabotage

•involving or directed at fissile material, other radioactive material or

•associated facilities and activities;

(28)“operator”, in relation to a nuclear installation, means the person

•who has been grant ed a licence under this Act for the purpose of operating

•the nuclear installation;

(29)“person” shall include an individual or a company or association

•or body of individuals, whether incorporated or not, or the Central

•Government or a State Government;

(30)“plant” includes machinery, equipment or appliance, whether

•affixed to land or not and associated buildings and conveyances;

(31)“prescribed” means prescribed by rules made by the Central

•Government under this Act;

(32)“prescribed equipment” means any property which the Central

•Government may, by notification, specify, being a property which in its

•opinion is specially designed or adapted or w hich is used or intended to be

•used for the production or utilisation of any prescribed substance, or for the

•production or use of nuclear energy, radioactive substances, or ionising

•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;

•6

(33)“prescribed substance” means any source material, fissile material

•and such other material which the Central Government may, by notification,

•specify, being a substance which in its opinion is or may be used for the

•production or use of nuclear energy or ionising radiation or matters

•connected therewith or incidental thereto;

(34)“radiation” means ionising radiation such as gamma rays, X -rays,

•and rays consisting of alpha particles, beta particles, neutrons, protons,

•positron and other nuclear and sub -atomic particles; but not sound or ra dio

•waves or microwaves, or visible, infra-red or ultra-violet light;

(35)“radiation facility” means any location or facility, including a

•mobile facility, involving the use of generating equipment or plant or

•radioactive material for non -power applicatio ns such as in the field of

•medicine, industry, food, water, environment, research and agriculture;

(36)“radioactive substance” or “radioactive material” means any

•substance or material which spontaneously emits radiation in excess of the

•levels notified by the Board;

(37)“radioactive waste” means any waste material, other than spent

•fuel, which has no further foreseen use, as determined by the Central

•Government, containing radionuclides in quantities and concentrations

•exceeding the level notified by the Board;

(38)“reactor” means any engineered facility containing nuclear fuel in

•such an arrangement that nuclear energy can be produced, extracted or

•harnessed;

(39)“regulations” means regulations made by the Board under this Act;

(40)“regulatory documen t” includes safety codes, safety standards,

•safety guides, safety manuals and such other documents issued by the Board;

(41)“safeguards” means a set of measures necessary to ensure that

•source material and fissile material are controlled and accounted for , as per

•the provisions of this Act;

(42)“safety” or “nuclear safety” or “radiation safety”, means the

•achievement of proper operating conditions, prevention of accidents or

•mitigation of accident consequences, resulting in protection of workers,

•public and environment from harmful effects of radiation risks;

(43)“safety authorisation” means a written permission granted by the

•Board under this Act;

(44)“source material” means––

(a)uranium containing mixture of isotopes occurring in nature;

(b)uranium depleted in the isotope 235;

(c)thorium;

(d)any of the foregoing in the form of metal, alloy, chemical

•compound, or concentrate;

(e)any other material containing one or more of the foregoing in

•such concentration; or

(f)such other material as the Central Government may, from time

•to time, notify;

(45)“spent fuel” means nuclear fuel that has been irradiated in, and

•permanently removed from, the reactor core.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•7

•5

•10

•15

•20

•25

•30

•35

•40

SECTION Section 112

Untitled Section

•CHAPTER II

•GRANT OF LICENCE AND SAFETY AUTHORISATION

SECTION Section 113

Untitled Section

3.(1) Subject to the provisions of this Act, the following persons shall be

•eligible to apply to the Central Government for a licence for the purposes of

•setting up any of the facilities or undertaking the activities specified in

•sub-section (2), namely:—

(a)any Department of the Government of India or any institution or

•authority or corporation established or owned or controlled by such

•Government;

(b)any Government company;

(c)any other company;

(d)a joint venture among any of the aforesaid; or

(e)any other person expressly permitted by the Central Government,

•by notification, to set up such facilities or undertake such activities.

(2)The licence referred to in sub -section (1) shall be mandatory for setting

•up or undertaking the following facilities and activities, namely:––

(a)build, own, operate or decommission a nuclear power plant or

•reactor;

(b)the fabrication of nuclear fuel including conversion, refining and

•enrichment of uranium -235 up to such threshold value, or production, use,

•processing or disposal of other prescribed substance, as may be notified by

•the Central Government;

(c)the transportation or storage of nuclear fuel or spent fuel or any

•other prescribed substance;

(d)the import, export, acquisition, or possession of nuclear fuel or

•prescribed substance;

(e)the import, export, acquisition or use of prescribed equipment;

(f)the import or export of any technology or software, that may be

•used for the development, production or use of prescribed substance or

•prescribed equipment; or

(g)any other facilities or activities as may be notified by the Central

Government.

(3)The facilities or activities requiring a licence under this section shall also

•require a safety authorisation if such facilities or activ ities are likely to subject an

•individual to radiation exposure, as may be specified by regulations.

(4)While setting up the facilities or undertaking the activities referred to in

•sub-section (2),––

(a)the source material and fissile material in any for m, produced

•within India or imported, shall remain under the surveillance and control of

•the Central Government for the purposes of accounting; and shall be subject

•to such safeguards as may be specified by the Central Government;

•Licence and

•safety

•authorisation for

•production or

•use of nuclear

energy.

•8

•Regulation of

•radioactive

•substance and

•radiation

•generating

equipment.

(b)the spent fuel shall be safely stored for a cooling period of such duration

•to be determined by the Board or for such further duration as the Central

•Government may direct, before being delivered to the Central Government for its

•subsequent management or repatriated to the country of origin;

(c)the heavy water used in a nuclear facility shall remain under the

•supervision of the Central Government for the purposes of accounting; and

•shall be delivered back to it after its intended use or as directed by t he

•Central Government,

•and the cost of delivery and subsequent management of spent fuel or its

•repatriation under clause (b) and delivery of heavy water under clause ( c), as may

•be determined by the Central Government, shall be borne by the licensee.

(5)T he following facilities and activities shall be set up or undertaken

•exclusively by the Central Government or any institution or factory wholly owned

•by it, namely:—

(a)the enrichment or isotopic separation of prescribed substance or

•radioactive substance, unless otherwise notified by the Central Government

•in this behalf;

(b)the management of spent fuel, including reprocessing, recycling,

•separation of radionuclides contained therein an d management of high -level

•radioactive waste arising thereof;

(c)the production of heavy water and its upgradation by isotopic

•separation;

(d)any other facilities or activities as may be notified by the Central

Government.

SECTION Section 114

Untitled Section

4.(1) Any person who seeks to,—

(a)manufacture, possess, use, export, import , transport, dispose or

•transfer by sale or otherwise, any radioactive substance and radiation

•generating equipment; or

(b)establish, operate or decommission a radiation facility or undertake

•associated activities,

•shall obtain a safety authorisation from the Board.

(2)The Central Government may, if it considers necessary or expedient so to

•do in the public interest, require the export, import or manufacture of any category

•or class of radioactive substances and high energy radiation generating equipment,

•as may be notified by it, to be carried out under a licence.

(3)In the case of radiological emergency as may be specified by regulations,

•the transport for safe disposal of radioactive substances shall be carried out in

•accordance with the directions issued by the Central Government.

(4)The Central Government may, by rules provide for measures for ensuring

•the security of radioactive substance during its storage, use, disposal and transport,

•and for the purpose of securing compliance, may—

(a)inspect any consignments or package or conveyance or plant; and

(b)maintain national registry of radioactive substances.

(5)The Central Government may, either on the recommendations of the

•Board or if it considers necessary for the prevention of radiation hazards, assume

•control of any radioactive substance or radiation generating equipment, including

•for their safe disposal and the cost of such disposal may be recovered from the

•holder of safety authorisation.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•9

•29 of 1986.

•5

•10

•15

•20

•25

•30

•35

•40

•45

SECTION Section 115

Untitled Section

5.(1) The Central Government may undertake any exploration activities for

•the purpose of discovering the presence of,—

(a)any mineral in or on the land including seabed, either in a natural

•state or in a deposit; or

(b)any mineral in waste material obtained f rom any underground or

•surface working; or

(c)any other material from which in its opinion prescribed substance

•can be obtained:

•Provided that any person who discovers or has reason to believe that

•uranium or thorium is available at any place in India sh all inform the Central

•Government forthwith.

(2)Notwithstanding anything contained in any other law for the time being

•in force, the working of mines and minerals in onshore or offshore areas

•containing uranium and thorium and decommissioning of such mines shall be

•carried out only by the Government, a Government company, or a corporation

•owned or controlled by the Government, and only under a licence and a safety

•authorisation:

•Provided that such mineral shall be of the grade t hat is equal to or above the

•threshold value as may be notified by the Central Government:

•Provided further that where the grade of such mineral is below the threshold,

•it shall be handled and disposed of in accordance with such order as may be issued

•by t he Central Government in respect of conservation of minerals and by the

•Board in respect of radiological safety.

(3)Where the Central Government is of the opinion that uranium, thorium or

•any other prescribed substance may reasonably be isolated or extrac ted from the

•working of any mine or mineral or from treating or concentrating any material by

•any physical, chemical or metallurgical process, it may by order,––

(a)require such activities to be carried out under a licence and a safety

•authorisation;

(b)impose such terms and conditions as may be deemed necessary, for

•carrying out the activities; or

(c)prohibit carrying out of such activities.

(4)Where the Central Government imposes any terms and conditions under

SECTION Section 116

Untitled Section

•clause ( b) of sub -section ( 3), or orders any prohibition under clause ( c) of that

•sub-section, it may pay compensation to the affected person in accordance with

SECTION Section 117

Untitled Section

•section 36.

(5)All uranium or thorium mined, isolated or extracted, and any minerals,

•concentrates or other materials, whether mined, treated or concentrated, containing

•uranium or thorium in their natural state beyond such proportion as may be

•notified by the Central Government, shall vest in that Government and shall not be

•sold, transferred, or otherwise disposed of exc ept with its prior permission and in

•accordance with such terms and conditions and such safeguards as may be

•specified by the Central Government.

(6)Any material referred to in sub -section (5) including any tailings, reject,

•byproduct or residue containing uranium and thorium below the proportion notified

•under that sub -section which in the opinion of the Central Government does not

•have any foreseen use shall be treated as hazardous substance and handled in

•accordance with the provisions of the Environment (Protection) Act, 1986.

•Mining and

•processing of

•certain source

material.

•.

•10

•Application for

•licence and

•safety

authorisation.

•Conditions for

•grant of licence

•or safety

authorisation.

(7)In case of non -compliance by any person with the provisions of this

•section or where required in the interest of national policy or public interest or

•public safety, the Central Government may compulsorily acquire any mineral,

•concentrate or substance and require such mineral, concentrate or substance to be

•delivered to it or to such authority as it may direct.

SECTION Section 118

Untitled Section

6.( 1) An application for licence shall be made in such form and manner,

•accompanied by such documents, information and fee, as may be prescribed.

(2)An application for safety authorisation shall be made in such form and

•manner, accompanied by such documents, information and fee as may be specified

•by regulations.

SECTION Section 119

Untitled Section

7.( 1) Upon an application made under sub -section ( 1) of section 6, the

•Central Government may grant a licence in such manner and subject to such terms

•and conditions as may be prescribed, including compliance with the financial,

•technical, management and othe r organisational capabilities covering the aspects

•of design, construction, commissioning, operation, maintenance, life management,

•decommissioning, quality assurance, radioactive waste management, liability,

•security, as it may deem necessary, for the entire life time of the facility or mine.

(2)Upon an application made under sub-section (2) of section 6, the Board may

•grant a safety authorisation in such manner and subject to such terms and conditions as

•may be specified by regulations including compliance with applicable regulatory

documents.

(3)Where an applicant applies to undertake two or more activities in relation

•to a facility, the Central Government or the Board may grant a single composite

•licence or safety authorisation to undertake all or part of the activities for which

•the application has been made.

(4)Notwithstanding anything contained in this Act, no licence may be

•granted to—

(a)any company, if the Central Government knows or has reason to

•believe that it is owned, controlled or dominated by entities who are inimical

•to defence and national security, or health and safety of the public;

(b)any person in India, if in the opinion of the Central Government,

•the issuance of a licence to such person would be inimical to defence and

•national security, or health and safety of the public.

(5)A licence or safety authorisation granted under this Act shall be valid for

•such period as may be determined by the Central Government or the Board, as the

•case may be.

(6)The Central Government or the Board may, upon application, extend or

•renew any licence or safety authorisation for such period as may be deemed necessary.

(7)Any licence or safety authorisation granted under this Act shall not be

•transferable except with the prior pe rmission of the Central Government or the

•Board, as the case may be.

(8)Nothing in this section shall affect the authority of the Central

•Government or the Board to refuse a licence or a safety authorisation for reasons

•to be recorded in writing.

(9)The Central Government or the Board may, on an application or

•otherwise in the public interest, make such alterations or amendments in the terms

•and conditions of the licence or safety authorisation, as may be deemed fit.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•11

•5

•10

•15

•20

•25

•30

•35

•40

SECTION Section 12

Untitled Section

8.Suspension or cancellation, etc., of licence or safety authorisation.

SECTION Section 120

Untitled Section

8.(1) The Central Government or Board may, by order, and after giving an

•opportunity of hearing to the person granted licence or safety authorisation under

•this Act, modify, suspend, cancel or curtail the duration of the licence or the safety

•authorisation for mines, facilities or activities, at any time, if in its opinion, the

•person contravenes or fails to comply with—

(a)any provision of this Act or the rules or regulations made

•thereunder;

(b)any term or condition attached to the licence or safety authorisation; or

(c)any condition imposed or direction issued by the Central

•Government or the Board.

(2)Notwithstanding anything contained in sub -section ( 1), the Central

•Government may modify, suspend, cance l or curtail the duration of the licence, if

•at any point of time,—

(a)the Central Government knows or has reasons to believe that the

•licensee is owned, controlled, or dominated by entities who are inimical to

•defence and national security or health and safety of the public;

(b)the financial position of the licensee has deteriorated to such an

•extent that it may no longer be able to operate the licensed business in a safe,

•secure or reliable manner;

(c)there exists any conduct, omission or circumstance, whether by act

•or default, which poses a material risk to the continuity of operation of the

•licensed business;

(d)the continuation of the licence is likely to be prejudicial to public

•interest, health or safety of public or environment or national security or

•safeguards or nuclear security.

(3)Upon suspension or modification or curtailment of duration of a licence,

•the licensee shall take all measures to comply with the directions issued by the

•Central Government, failing which the licence may be cancelled:

•Provided that no licence shall be suspended for more than one year.

(4)Upon cancellation of the licence, the Central Government shall take

•under its control, the licensed facility or mine and ensure compliance with the

•safety, security, safeguard and any other obligations, in such manner as may be

•prescribed and take measures for the continuity of the licensed business.

(5)Before cancellation of a licence under this section, the Central

•Government shall take into consideration the following factors, namely:—

(a)administration of the business on cancellation of the licence;

(b)measures for protection of interests of lenders, investors, consumers

•and other stakeholders;

(c)transition plans for continuity of the licensed business.

SECTION Section 121

Untitled Section

9.(1) A person may carry out research, development, design and innovation

•in matters related to nuclear energy and radiation for the peaceful use except for

•the activities exclusively reserved for Central Government under sub-section (5) of

SECTION Section 122

Untitled Section

•section 3 or has national security implications.

(2)While carrying out the activities under sub -section (1), adequate safety

•and security shall be ensured to protect the persons, public and the environment.

•Suspension or

•cancellation,

etc., of licence

•or safety

authorisation.

•Exemption of

•research,

•development and

•innovation

•activities from

licence.

•12

•Duties of

•persons granted

•licence or safety

•authorisation

•and other

persons.

•Liability of

•operator of

•nuclear

installation.

(3)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 prescribed substance as may be determined by the Central

•Government to be necessary for the conduct of research under this section.

SECTION Section 123

Untitled Section

•CHAPTER III

•DUTIES AND LIABILITIES

SECTION Section 124

Untitled Section

10.(1) Any person who has been granted licence or safety authorisation shall––

(a)not undertake any activity other than the purpose for which licence

•or safety authorisation is granted;

(b)handle the prescribed substance or radioactive substance or operate

•the prescribed equipment or radiation generating equipment in accordance

•with the terms and conditions of the licence or safety authorisation and

•subject to such safeguards, if any, provided in the purchase agreement.

(2)Any employer of a facility, occupier of a factory, owner of a mine or any

•other per son in possession of radioactive substance or radiation generating

•equipment shall have the prime responsibility for the safety, security and

•safeguards and shall comply with such terms and conditions as may be prescribed.

(3)Without prejudice to the generality of the foregoing provisions, every person

•who has been granted a licence or safety authorisation under this Act, shall—

(a)comply with the terms and conditions of the licence and safety

•authorisation and the rules, regulations, orders and regul atory documents

•issued under this Act in respect of safety, security and safeguards, quality

•assurance and control, radioactive waste management, decommissioning of

•the facilities, and maintaining design support throughout the life time of the

•facility or mine;

(b)maintain such books of account or other documents or records as

•the Central Government or the Board may require;

(c)furnish such periodic returns and reports to the Central Government

•or the Board, as may be required;

(d)provide access and nec essary infrastructure to the authorised

•representatives of the Central Government and the Board including their

•resident officers and employees at site, for the conduct of inspection and

•investigations;

(e)maintain sufficient financial security, in such m anner as may be

•prescribed,—

(i)to ensure safe disposal of radioactive substances and

•decommissioning of the facility or mine; and

•(ii) for settlement of claims for compensation arising from any

•injury, loss or damage, other than nuclear damage, caused b y radiation

•or radioactive contamination either at the facility or mine or in the

•surrounding areas or during transportation.

SECTION Section 125

Untitled Section

11.( 1) Notwithstanding anything contained in this Act, the operator of the

•nuclear installation shall be liable for nuclear damage caused by a nuclear incident––

(a)in that nuclear installation; or

(b)involving nuclear material transported from that nuclear installation

•and occurring before––

•5

•10

•15

•20

•25

•30

•35

•40

•45

•13

•5

•10

•15

•20

•25

•30

•35

•40

•45

(i)the liability for nuclear incident involving such nuclear

•material has been assumed, pursuant to a written agreement by another

•operator;

•(ii) another operator has taken custody of such nuclear material;

•(iii) the person duly authorised to operate a rea ctor has taken

•custody of the nuclear material intended to be used in such reactor

•comprised in any means of transport; or

•(iv) such nuclear material has been unloaded from the means of

•transport by which it was sent to a person within the territory of a foreign

•State;

(c)involving nuclear material transported to that nuclear installation

•and occurring after—

(i)the liability for nuclear incident involving such nuclear

•material has been transferred to that operator, pursuant to a written

•agreement, by the operator of another nuclear installation;

•(ii) that operator has taken custody of such nuclear material;

•(iii) that operator has taken custody of such nuclear material from

•a person operating a reactor comprised in any means of transport;

•(iv) such nuclear material has been loaded, with the written

•consent of that operator, on the means of transport by which it is to be

•carried from the territory of a foreign State.

(2)Where more than one operator is liable for nuclear damage, the liability

•of the operators so involved shall, in so far as the damage attributable to each

•operator is not separable, be joint and several:

•Provided that the total liability of such operators shall not exceed the extent

•of liability specified in the Second Schedule.

(3)Where several nuclear installations of one and the same operator are

•involved in a nuclear incident, such operator shall, in respect of each such nuclear

•installation, be liable to the extent of liability specified in the Second Schedule.

(4)For the purposes of this section,—

(a)where nuclear damage is caused by a nuclear incident occurring in

•a nuclear installation on account of temporary storage of material -in-transit

•in such installation, the person responsible for transit of such mater ial shall

•be deemed to be the operator;

(b)where a nuclear damage is caused as a result of nuclear incident

•during the transportation of nuclear material, the consignor shall be deemed

•to be the operator;

(c)where any written agreement has been entered i nto between the

•consignor and the consignee or the consignor and the carrier of nuclear

•material, as the case may be, the person liable for any nuclear damage under

•such agreement shall be deemed to be the operator;

(d)where both nuclear damage and damage other than nuclear damage

•have been caused by a nuclear incident or, jointly by a nuclear incident and

•one or more other occurrences, such other damage shall, to the extent it is

•not separable from the nuclear damage, be deemed to be a nuclear damage

•caused by such nuclear incident.

•14

•Operator not

•liable in certain

circumstances.

•Limits of

•liability for

•nuclear incident.

•Liability of

•Central

Government.

12.(1) An operator shall be liable for any nuclear damage except the damage

•caused by a nuclear incident due to—

(a)a grave natural disaster of an exceptional character; or

(b)an act of armed conflict, hostility, civil war, insurrection or terrorism:

•Provided that an operator shall not be liable for any nuclear damage caused to,—

(a)the nuclear installation itself and any other nuclear installation

•including a nuclear installation under construction, on the site where such

•installation is located;

(b)any property on the same site which is used or to be used in

•connection with any such installation; or

(c)the means of transport upon which the nuclear material involved

•was carried at the time of nuclear incident.

(2)Where any nuclear damage is suffered by a person on account of his own

•negligence or from his own acts of commission or omission, the operator shall not

•be liable to such person.

SECTION Section 126

Untitled Section

13.(1) The maximum amount of liability in respect of each nuclear i ncident

•shall be the rupee equivalent of three hundred million Special Drawing Rights or

•such higher amount as the Central Government may, by notification, specify.

(2)The maximum amount of liability of an operator in respect of each

•nuclear incident for different categories of nuclear installation shall be as specified

•in the Second Schedule:

•Provided that the amount of liability shall not include any interest or cost of

proceedings.

(3)The Central Government may take additional measures, where necessary,

•if the compensation to be awarded under this Act exceeds the amount specified

•under sub -section ( 1), including seeking funds under the Convention on

•Supplementary Compensation for Nuclear Damage signed at Vienna on the

•27th day of October, 2010 to which the Republic of India is a signatory.

Explanation.— For the purposes of this section, the expression “Special Drawing

•Rights” means an international reserve asset created by International Monetary Fund the

•value of which is determined and allocated by it to the member countries.

SECTION Section 127

Untitled Section

14.(1) The Central Government shall be liable for nuclear damage in respect

•of a nuclear incident—

(a)where the liability exceeds the amount of liability of an operator

•specified in the Second Schedule, to the extent such liability exceeds the

•liability of the operator;

(b)occurring in a nuclear installation owned by it; and

(c)occurring on account of causes specified in sub-section (1) of section 12:

•Provided that the Central Government may, by notification, assume full

•liability for a nuclear installation not operated by it if it is of the opinion that it is

•necessary in the public interest to do so.

(2)For the purpose of meeting its liability under clause ( a) or clause ( c) of

•sub-section ( 1), the Central Government may establish a fund to be called the

•Nuclear Liability Fund, in such manner, as may be prescribed.

•5

•10

•15

•20

•25

•30

•35

•40

•15

•33 of 1962.

•5

•10

•15

•20

•25

•30

•35

•40

•45

SECTION Section 128

Untitled Section

15.(1) The operator shall, before operation of nuclear installation, obtain an

•insurance policy or such other financial security or combination of both, covering

•the liability specified in the Second Schedule and in such manner as may be

prescribed.

(2)The operator shall from time to time renew the insurance policy or other

•financial security before the expiry of the period of validity thereof.

(3)The provisions of this section shall not apply to a nuclear installation

•owned by the Central Government.

SECTION Section 129

Untitled Section

16.The operator of the nuclear installation, after paying the compensation

•for nuclear damage as specified in the Second Schedule, sh all have a right of

•recourse where—

(a)such right is expressly provided for in a contract in writing; or

(b)the nuclear incident has occurred as a result of commission or

•omission of an individual with an intention to cause nuclear damage.

SECTION Section 13

Untitled Section

9.Exemption of research, development and innovation activities from

licence.

SECTION Section 130

Untitled Section

•CHAPTER IV

•ATOMIC ENERGY REGULATORY BOARD

SECTION Section 131

Untitled Section

17.(1) The Atomic Energy Regulatory Board constituted by exercising the

•power under section 27 of the Atomic Energy Act, 1962 shall be deemed to have

•been constituted under this Act.

(2)The Board shall consist of a Chairper son, a Whole -time Member and

•Part-time Members not exceeding seven, to be appointed by the Central

•Government, by notification, to exercise the powers conferred upon, and to

•perform the functions assigned to it under this Act.

(3)The Chairperson and Members of the Board shall be appointed from

•amongst persons of ability, integrity and standing and their qualifications,

•experience and other terms and conditions of service including age limit, shall be

•such as may be prescribed:

•Provided that the Chairperson and a Whole -time Member of the Board shall

•be a person of eminence in the field of nuclear energy.

(4)The Chairperson and Members of the Board shall be appointed by the

•Central Government on the recommendations of a search -cum-selection

•committee to be constituted by the Atomic Energy Commission:

•Provided that the search -cum-selection committee constitu ted for selection

•of the Members of the Board shall include the Chairperson of the Board as one of

•its Members.

(5)The procedure to be followed by the search -cum-selection committee for

•recommending the names under sub -section ( 3) shall be such as may be

prescribed.

(6)The Chairperson shall have such financial and administrative powers as

•may be notified by the Central Government for the autonomous functioning of the

Board.

SECTION Section 132

Untitled Section

18.(1) The Chairperson and Members of the Board shall hold office for a

•period of three years from the date on which they enter upon office which may be

•extended for a further period not exceeding three years at a time, as may be

•notified by the Central Government.

•Operator to

•maintain

•insurance or

•financial

securities.

•Operator’s right

•of recourse.

•Constitution of

•Atomic Energy

•Regulatory

Board.

•Terms and

•conditions of

•service of

•Chairperson and

•Members of

Board.

•16

•Resignation and

•removal of

•Chairperson or

•Member of

Board.

•Filling up

•vacancies of

Board.

•Meetings of

Board.

•Vacancies, etc.,

•not to invalidate

•proceedings of

Board.

(2)The Chairperson and Members of the Board holding the office as such

•immediately before the commencement of this Act shall be deemed to have been

•appointed under this Act and their terms and conditions of service shall be

•governed by the provisions of this Act.

(3)The Chairperson or the Whole -time Member who was in service of the

•Central Government, shall be deemed to have retired from service on the date on

•which he enters upon office as such, but his subsequent service as the Chairperson

•or Whole-time Member shall be reckoned as continuing approved service counting

•for pension in service to which he belonged.

(4)The Chairperson and Members of the Board shall not—

(a)communicate, during holding of office as such or thereafter or

•reveal to an y person any matter which has been brought under their

•consideration or knowledge while acting as such;

(b)accept, during their term and for a period of two years from the date

•on which they cease to hold office, any employment with any person who

•has been granted a licence or safety authorisation under this Act.

SECTION Section 133

Untitled Section

19.(1) The Chairperson or any Member of the Board may relinquish their

•office by giving a prior notice in writing under his hand addressed to the Central

•Government, of not less than three months.

(2)The Central Government shall remove from office the Chairperson or a

•Member of Board, who—

(a)has been adjudged an insolvent;

(b)has been convicted of an offence which, in the opinion of the

•Central Government, involves moral turpitude;

(c)has become physically or mentally incapable of acting as

•Chairperson or a Member;

(d)has acquired such financial or other interest as is likely to affect

•prejudicially his functions as Chairperson or a Member; or

(e)has so abused his position as to render his continuance in office

•detrimental to the public interest:

•Provided that no Chairperson or Member shall be removed under clause ( d)

•or clause (e) unless he has been given an opportunity of being heard in the matter.

SECTION Section 134

Untitled Section

20.The Central Government sha ll, from the date of occurrence of any

•vacancy by reason of death, resignation or removal of the Chairperson or the

•Members of the Board make a reference to the search-cum-selection committee for

•the filling of the post within a period of three months.

SECTION Section 135

Untitled Section

21.The Board shall meet at such times and places and shall observe such

•rules of procedure in regard to the transaction of business at its meetings,

•including quorum, as may be specified by regulations.

SECTION Section 136

Untitled Section

22.No act or proceeding of the Board shall be invalid merely by reason of––

(a)any vacancy in, or any defect in the constitution of the Board;

(b)any defect in the appointment of a person acting as a Member of the

•Board; or

(c)any irregularity in the procedure of the Board not affecting the

•merits of the case.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•17

•45 of 2023.

•5

•10

•15

•20

•25

•30

•35

•40

•45

SECTION Section 137

Untitled Section

23.( 1) The Board shall determine the number, nature and categories of

•officers and other employees as it considers necessary, for the efficient discharge

•of its functions and exercise of its powers under this Act and the Central

•Government shall provide the Board with such officers and other employees.

(2)The salaries, allowances, incentives, entitlements and other conditions of

•service of officers and employees of the Board referred to in su b-section (1) shall

•be such as may be prescribed.

(3)The Board may, subject to such terms and conditions as may be specified

•by the Central Government, appoint such number of consultants or experts, as it

•may consider necessary, for the efficient discharge of its functions under this Act.

(4)The Chairperson shall nominate one of the officers of the Board having at

•least twenty years of experience in nuclear science and technology, to serve as a

•Secretary of the Board.

(5)The Chairperson, Members, Secretary, officers and other employees of

•the Board shall be deemed, when acting or purporting to act in pursuance of any of

•the provisions of this Act, to be public servants in accordance with clause ( 28) of

SECTION Section 138

Untitled Section

•section 2 of the Bharatiya Nyaya Sanhita, 2023.

SECTION Section 139

Untitled Section

24.(1) The Board may take such measures as it may consider necessary, for

•the purposes of ensuring that the use of radiation and nuclear energy is safe for the

•health of the workers, the public and the environment.

(2)The Central Government may, if required fo r the purposes of this Act,

•provide the Board with access to research centres, academic institutions, research

•laboratories, experimental facilities, training facilities, technical and scientific

•support, expertise related to nuclear and radiation technolo gy and related safety

aspects.

(3)The Board may,—

(a)notify the limits of radiation exposure to the workers and the public

•and specify limits for radioactive releases and discharges to environment;

(b)devise and implement policies and programmes for—

(i)radiation safety and nuclear safety including security aspects

•having bearing on safety;

•(ii) occupational health and safety aspects of the workers in

•relation to factories entrusted to it under section 42;

(c)frame safety standards and safety codes an d such other regulatory

•documents for—

(i)safety in design, siting, construction, commissioning,

•operation and decommissioning of nuclear and radiation facilities;

•(ii) quality assurance, management system, emergency

•preparedness and response, radiation p rotection and radioactive waste

•management;

•(iii) safety in storage and transportation of radioactive substance

•or material;

•(iv) qualification, training and recognition of qualified or certified

•personnel employed in facilities handling prescribed substance or

•radioactive substance;

•Officers and

•employees of

Board.

•Powers and

•functions of

Board.

•18

(v)safe working conditions for occupational workers including

•pre-employment and periodical medical examination;

•(vi) any other matter as the Board may consider necessary;

(d)make recommendations to the Central Government for suspension,

•modification, cancellation or curtailment of the duration of the licence;

(e)frame regulations for,—

(i)the grant of safety authorisation during various stages of the

•life time of nuclear and radiation facilities and associated activities

•including type approval to design of radiation equipment, authorisation

•for storage, transfer and disposal of radioactive wastes, approval of

•package and shipment of radioactive consignments;

•(ii) the recognition and certification of persons for performing the

•tasks or c arrying out the functions entrusted to them, in or in relation

•to, a facility,

•and establish suitable mechanism for its implementation;

(f)specify the criteria for reporting of nuclear incidents , and within a

•period of fifteen days from the date of occu rrence of such nuclear incidents,

•provide its recommendations to the Central Government for notifying such

•incidents under section 26;

(g)ensure high quality safety management at all places where nuclear

•and radiation related activities are carried out;

(h)ensure transparency by a planned public outreach and engagement

•with interested parties on matters relating to nuclear safety without

•disclosing restricted information under section 39;

(i)strive to be a knowledge organisation with state -of-the-art scientific

•capabilities in the domain of its responsibilities;

(j)arrange for or conduct research in areas relevant to its functions and

•develop linkages with technical support organisations;

(k)interact with international organisations engaged in ac tivities

•relevant to the functions of the Board with due governmental approvals;

(l)recognise agencies, institutes, and testing and calibration laboratories;

(m)advise the Central Government with respect to—

(i)safety of public and the environment;

•(ii) any radiological surveillance of environment;

•(iii) preparedness in response to nuclear and radiation

•emergencies;

(n)exempt from the requirement of safety authoritsation, by notification,

•subject to such conditions specified therein, any radioactive material, any class

•or classes of radioactive material or any radiation generating plant;

(o)engage with the institutions, laboratories, agencies, technical

•support organisations, industries, specialists, individual experts and

•professionals of integrity and outstanding ability, who have expertise in

•scientific, technical, sociological, legal, public communication, and such

•other disciplines related to nuclear, radiation and industrial safety;

(p)coordinate with any other regulato r or authority and enter into

•Memorandum of Understanding with such regulator or authority for the

•effective discharge of its functions;

•5

•10

•15

•20

•25

•30

•35

•40

•45

•19

•5

•10

•15

•20

•25

•30

•35

•40

•45

(q)constitute advisory or such other committees consisting of domain

•experts and delegate such powers to the committee as it deems necessary,

•except the power to frame regulations or issue regulatory documents; and

(r)exercise such other powers and perform such other functions as may

•be prescribed.

(4)The Board may, issue such directions to the holders of safety authorisations

•and other persons, as it may consider necessary, in the interests of safety.

SECTION Section 14

Untitled Section

•CHAPTER III

•DUTIES AND LIABILITIES

SECTION Section 140

Untitled Section

25.( 1) The Central Government, in addition to the activities specified in

•sub-section (5) of section 3, for the purposes of national defence and security, may carry

•out certain activities and for the said purpose, exempt from the authority of the Board,

•any prescribed substance or radioactive substance or facilities and activities along with

•premises, assets and areas associated with such substance, facilities or activities.

(2)The Central Government may, for the purposes of sub -section (1) or for

•the design and development of advance nuclear reactor, by order, constitute one or

•more regulatory bodies to exercise the powers and discharge the functions relating

•to safety, security, safeguards, licensing and such other matters in respect of the

•jurisdiction, as may be specified in the order.

(3)The regulatory bodies constituted under sub -section (2), shall report to

•the Central Government the release of radiation or radioactive material exceeding

•the authorised limits from the facilities and activitie s within their respective

•jurisdiction specified in the order under sub-section (2).

(4)The Central Government may take such measures as may be considered

•necessary and expedient in the public interest, for––

(a)securing safety of public and environment from all radiation

•exposure situations; and

(b)safe disposal of radioactive wastes or disused or orphan or legacy

•radiation sources or incidental radioactive material.

SECTION Section 141

Untitled Section

26.Upon the receipt of recommendations from the Board under clause ( f) of

•sub-section (3) of section 24, the Central Government shall, within a period of ten

•days, notify the nuclear incident:

•Provided that where the Central Government is satisfied that the gravity of

•the threat and risk involved in a nuclear incident is insigni ficant, it shall not be

•required to notify such nuclear incident.

SECTION Section 142

Untitled Section

27.(1) The Board may, by order, delegate to the Chairperson or Whole -time

•Member or its officer or officer of the State Government not below the rank of a

•Director, subject to such conditions and limitations, if any, as may be specified in

•the order, such of its powers and functions, except the power to make regulations

•and framing regulatory documents, as it may deem necessary.

(2)Any person aggrieved by an order or decision of the Chairpe rson or

•Whole-time Member or officer referred to in sub -section ( 1), may file an

•application to the Board for review of that order or decision in such manner as

•may be specified by regulations.

SECTION Section 143

Untitled Section

•CHAPTER V

•INSPECTION, INVESTIGATION, SEARCH AND SEIZURE

SECTION Section 144

Untitled Section

28.( 1) Any person authorised by the Central Government or the Board,

•including their officers and employees at sites, may enter and inspect at all

•reasonable hours,—

(a)any facility or mine licensed under this Act;

•Regulation of

•activities of

•strategic nature.

•Notification of

•nuclear incident.

•Delegation and

•review by

Board.

•Entry and

inspection.

•20

•Conduct of

investigation.

•Search and

seizure.

(b)any mine, premises, plant, facility or land or any vehicle, vessel or

•aircraft, where he has reason to believe that work is being carried out for the

•purpose of or in connection with—

(i)the production and processing of any prescribed substance,

•radioactive substance or substances from which a prescribed substance

•can be obtained; or

•(ii) the production, development or use of nuclear energy

•including manufacturing of prescribed equipmen t, systems, structures

•and components of a facility.

(2)The manner of carrying out inspection and verification for ascertaining

•compliance with the provisions of this Act, the rules or regulations made

•thereunder, any directions issued, or the terms of a licence and safety

•authorisation, shall be such as may be prescribed.

SECTION Section 145

Untitled Section

29.(1) The Central Government or the Board, upon—

(a)a complaint by any person;

(b)occurrence of a nuclear or radiological event;

(c)review of returns or reports received under clause ( c) of

•sub-section (3) of section 10; or

(d)findings of inspection conducted under section 28,

•may carry out an investigation where it has reasonable grounds to believe that—

(i)there has been violation of the terms of a licenc e or safety

•authorisation or any provision of this Act, the rules, regulations or directions

•issued thereunder; or

•(ii) the activities are being conducted in a manner detrimental to safety,

•security or the implementation of safeguards.

(2)The manner of co nduct of investigation under sub -section (1), shall be

•such as may be prescribed.

(3)The Central Government or the Board may cause the expenses of an

•inspection and investigation under this section to be borne by the licensee or the

•holder of a safety authorisation or other persons, as the case may be.

SECTION Section 146

Untitled Section

30.(1) Where the Central Government or the Board has reasonable grounds

•to believe that—

(a)any person who under this Chapter is required to produce, or cause

•to be produced, any books, registers, documents, records, data, plant or

•material in his custody or power, is likely to omit or fail or has omitted or

•failed to so produce;

(b)any such books, registers, documents, records, data, plant, or

•material are likely to be tampered with, a ltered, mutilated, manufactured,

•falsified or destroyed; or

(c)any provision of this Act has been , or is likely to be, violated by a

•licensee or holder of a safety authorisation or by any other person,

•it may authorise any of its officer to conduct a sea rch of any place, building or

•facility and seize any such books, registers, documents, records, data, plant, or

•material referred to in clause (a).

(2)The manner of carrying out search and seizure under sub-section (1) shall

•be such as may be prescribed.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•21

•5

•10

•15

•20

•25

•30

•35

•40

•45

(3)The officer conducting the search may requisition the services of any police

•officer or of any officer of the Central Government, or of both, as the case may be, for

•assistance related to any of the purposes covered in sub-section (1) and it shall be the

•duty of every such police officer or officer to comply with such requisition.

SECTION Section 147

Untitled Section

31.( 1) On conclusion of the investigation or search or seizure under this

SECTION Section 148

Untitled Section

•Chapter and after giving an opportunity to the holder of a safety authorisation or

•such other person to make a representation, the Board may take such measures as

•may be considered necessary to enforce compliance with safety requirements and

•to prevent further injury to persons or damage to property or environment from

•exposure to radiation or contamination by radioactive substances.

(2)The measures referred to in sub-section (1) shall include,—

(a)sealing the equipment, facility, mine, plant, premises, place,

•vehicle, vessel or aircraft;

(b)imposing requirements, prohibitions or restrictions on employers,

•employees or other persons;

(c)issuing such directions to licensees, holders of safety authorisations

•or other persons as it may consider necessary in the interests of safety;

(d)issuing directions to hand over the material or equipment to the

•Central Government;

(e)advising the Central Government to take control of the radioactive material,

•equipment, plant, facility or mine if the owner thereof cannot be identified.

(f)derecognising or decertifying any recognised or certified personnel.

(3)On conclusion of the investigation or search or seizure under this Chapter

•and after giving an opportunity to the licensee to make a representation, the

•Central Government shall have the power to seal any premises and seize, retain

•and dispose of any article or take control over any material or plant, if it has

•reasonable grounds to believe that a violation of this Act or of any rules,

•regulations, security measures or safeguards has occurred.

(4)Without prejudice to the generality of the foregoing powers, the Central

•Government or the Board may, by an order in writing,—

(a)issue a warning to the licensee or holder of safety authorisation or

•other person, if the business or activities are likely to violate the terms of the

•licence or safety authorisation or the provisions of this Act;

(b)require the licensee or holder of safety authorisation or other person, to,—

(i)cease and desist from committing or causing any violations of the

•terms of the licence or safety authorisation or the provisions of this Act;

•(ii) modify its business or activities for ensuring compliance with the

•terms of the licence or the safety authorisation or the provisions of this Act;

•(iii) take any such action in respect of any matter arising out of

•the investigation as the Central Government or the Board may think fit;

(c)temporarily suspend or discontinue the business or activities of the

•licensee or the holder of safety authorisation, or any other person found to be

•in violation of the terms of the licence or safety authorisation or any

•provision of this Act;

(d)modify, suspend, cancel or curtail the duration of any licence or

•safety authorisation in accordance with section 8.

•Action taken

•pursuant to

•investigation,

•search or

seizure.

•22

•General powers

•and functions of

•Central

Government.

•Vesting of

•acquisition

•rights in certain

cases.

•CHAPTER VI

•GENERAL POWERS AND FUNCTIONS OF CENTRAL GOVERNMENT

SECTION Section 149

Untitled Section

32.(1) The Central Government shall have powers to frame––

(a)the National Nuclear Energy Policy consistent with the National

•Electricity Policy prepared under section 3 of the Electricity Act, 2003;

(b)the National Policy for Safety, Security and Safeguards;

(c)the National Policy for Management of Spent Fuel and Radioactive Waste;

(d)policies for quality assurance and quality control of facilities

•including their manufacturing and construction; and

(e)such other policies as may be considered necessary for the purposes

•of discharging its functions under this Act.

(2)The Central Government may create such funds as may be considered

•necessary for the purposes of carrying out the provisions of this Act;

(3)The Central Government may do all such things including establishing

•Directorates, Wings and Divisions under it, as it may deem necessary or expedient for the

•purposes of exercising any of its powers or discharging any of its functions under this Act.

(4)Without prejudice to any other functions assigned to it under this Act, the

•Central Government shall perform the following functions, namely:—

(a)formulating strategies for policies framed under sub-section (1) and

•overseeing their implementation;

(b)providing services related to environmental surveillance, personnel

•monitoring, dosimetry and other matters related to radiological protection;

(c)coordinating and supporting Government agencies to ensure nuclear

•and radiological emergency preparedness and response.

SECTION Section 15

Untitled Section

10.Duties of persons granted licence or safety authorization and other

persons.

SECTION Section 150

Untitled Section

33.( 1) Notwithstanding anything contained in any other law for the time

•being in force, the acquisition rights shall vest exclusively with the Central

•Government in respect of the following, namely:—

(a)any prescribed substance;

(b)any mine or mineral or material or right to work on such mine or

•mineral from which, in t he opinion of the Central Government, any of the

•prescribed substance can be obtained;

(c)any radioactive substance;

(d)any prescribed equipment; or

(e)any plant designed or adapted for,—

(i)the mining or processing of prescribed substances or any

•minerals from which prescribed substances can be obtained;

•(ii) the production or use of any prescribed substance or

•radioactive substance; or

•(iii) the production, use or disposal of such substance as are likely

•to be required for or in connection with the production, use or disposal

•of nuclear energy or for research into matters connected therewith.

(2)In case a plant or any reactor is abandoned at any stage after its

•commissioning or after the initial nuclear fuel loading, regardless of cause, all

•acquisition rights shall vest in the Central Government, including assets thereof free

•from all encumbrances.

(3)The manner in which acquisition shall be carried out in this section shall

•be such as may be prescribed.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•36 of 2003.

•23

•5

•10

•15

•20

•25

•30

•35

•40

•45

(4)The compensation payable in respect of acquisition under this section shall

•be determined and paid in accordance with section 36.

(5)No acquisition of any mine or mineral, concentrate, other material,

•substance, equipment or plant under this section shall be deemed to be a sale for any

•purpose whatsoever.

(6)Upon acquisition of any nuclear power plant or reactor under this section,

•the Central Government shall take such measures as may be necessary, for—

(a)the development and safe operation of the plant;

(b)the disposal of the prescribed substance;

(c)spent fuel management;

(d)waste management; and

(e)decommissioning, decontamination or dismantling of the plant and

•site remediation,

•and levy such cost on the licensee for any of the aforesaid activities as it may deem fit.

SECTION Section 151

Untitled Section

34.(1) The Central Government shall have the right to require any substance,

•which in its opinion, contains uranium, thorium, plutonium or any of their isotopes

•or any other source material or fissile material, to be delivered to it and the Central

•Government may extract from that substance the uranium, thorium, plutonium or

•any of their isotopes or such other source material or fissile material contained

•therein and return the substance to the person concerned on payment of

•compensation as determined in accordance with section 36.

(2)Nothing in this section shall prevent the Centra l Government from

•permitting, subject to such conditions as it may deem fit to impose, the use of small

•quantities of natural uranium or thorium in excess of the exempt quantities notified

•under section 44, as may be determined by the Central Government to be necessary

•for the purpose of examination, test, analysis or any other non-nuclear applications.

SECTION Section 152

Untitled Section

35.(1) The Central Government may serve on the parties to a contract, not

•being a contract for rendering of personal services, relating to—

(a)prospecting or mining of any substance from which uranium or

•thorium or other prescribed substance can be obtained;

(b)production or use of nuclear energy; or

(c)research into matters connected to clause (a) or clause (b),

•a notice in writing stating that on suc h date as may be specified therein, the rights

•and liabilities of any of the parties to such contract shall be transferred to the Central

Government.

(2)A notice served under sub -section (1) shall specify the time and manner

•for making an objection and t he Central Government shall provide the person

•making the objection an opportunity to appear and be heard by an officer authorised

•by it for the purpose who shall hear the matter and submit a report thereon to the

•Central Government.

(3)Upon receipt of the report under sub-section (2), the Central Government

•may pass such order as it may deem fit.

(4)With effect from the date specified in the notice served under

•sub-section (1) and subject to the order passed under sub-section (3),—

(a)the contract shall operate as if the Central Government were a party in

•place of the person whose rights and liabilities have been transferred to it; and

(b)every reference in the contract to that person shall be deemed a

•reference to the Central Government, in respect of the rights exercisable, or

•liabilities incurred, on or after that date.

•Requisitioning

•of certain

substances.

•Novation of

contracts.

•.

•24

•Determination of

•compensation

•for acquisition,

•requisition,

•prohibition, etc.

•Special

•provision as to

electricity.

•Special

•provisions as to

inventions.

(5)Where the rights and liabilities of a party to a contract are transferred to

•the Central Government under this section, there shall be paid a compensation in

•respect of any loss suffered by that party, as may be agreed between that party and

•the Central Government.

SECTION Section 153

Untitled Section

36.(1) Where any compensation is payable under this Act for the acquisition of

•any right for working of mines or minerals or acquisition or requisition of any mineral,

•concentrates, other material, equipment or plant or mine or the prohibitions or conditions

•imposed or works related to discovery of minerals, the Central Government shall, while

•determining the amount of such compensation, have regard to,—

(a)in the case of compensation payable for the purpose of discovering

•uranium or thorium under clause (d) of sub-section (5) of section 3,—

(i)the nature of the work done;

•(ii) the manner, extent and duration of such discovery;

•(iii) the diminution in the rent of the land and of the property

•situated at the site of such discovery, which might reasonably be

•expected over any period; or

•(iv) the diminution in the market value of the land and property on

•the date of such discovery;

(b)in the case of compensation payable for the compulsory acquisition

•or requisition of any plant, mine, substance or equipment under section 33 or

SECTION Section 154

Untitled Section

•section 34, 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 or the requisition;

(c)where the amount of compensation is fixed by an agreement, it shall

•be paid in accordance with such agreement.

(2)For the purposes of compensation under sub-section (1),––

(a)the value of uranium, thorium, plutonium or any of their isotopes,

•contained in any substance or material including the cost of transportation

•shall not form part of the compensation;

(b)the value shall not exceed the cost incurred by the person in the

•production, mining or irradiation of the substance.

SECTION Section 155

Untitled Section

37.( 1) Notwithstanding anything contained in the Electricity Act, 2003, the

•Central Government shall fix the tariff for supply of electricity from nuclear power

•plants based on such norms and mechanisms as may be specified by it by notification.

(2)While specifying the norms and mechanisms under sub-section (1), the Central

•Government shall have regard to the cost of fuel, cost of spent fuel management,

•decommissioning cost and such other services or factors as may be deemed necessary.

SECTION Section 156

Untitled Section

38.(1) The Central Government may grant patents for inventions which in its

•opinion are for the peaceful uses of nuclear energy and radiation:

•Provided that the inventions relating to activities specified in sub-section (5) of

SECTION Section 157

Untitled Section

•section 3, or which in the opinion of the Central Government, are sensitive in nature

•or having national security implications, shall not be patentable and such invention

•shall be deemed to have been made or conceived by the Central Government.

(2)Any person desirous of obtaining a patent in relation to an invention under

•this section shall make an application to the Controller under the Patents Act, 1970.

(3)If a question arises as to whether an invention is related to any of the

•activities specified in sub-section (5) of section 3 or is sensitive in nature or having

•national security implications, the Controller shall refer the application to the

•Central Government for seeking direction thereon.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•36 of 2003.

•39 of 1970.

•25

•39 of 1970.

•22 of 2005.

•5

•10

•15

•20

•25

•30

•35

•40

•45

(4)The Central Government may issue directions to the Controller in relation

•to any patent application under this Act.

(5)Any person who has reason to believe that an invention made by him is

•related to nuclear energy shall communicate the Central Governm ent of its nature

•and description before disclosing to any third party.

(6)Any application for a patent outside India shall be governed by section 39

•of the Patents Act, 1970.

(7)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 does not relate to the activities referred to in sub-section (1), issue

•directions to the Controller to refuse the application on that ground.

Explanation.––For the purposes of this section, “Controller” means the Controller

•General of Patents, Designs and Trademarks within the meaning of the Patents Act, 1970.

SECTION Section 158

Untitled Section

39.(1) The Central Government may, by order, declare any information, which is

•not in public domain and which in its opinion is detrimental to national security or public

•interest, relating to the following, as restricted information, namely:––

(i)the location, quality and quantity of prescribed substance and

•transactions for their acquisition wheth er by purchase or otherwise, or

•disposal, whether by sale or otherwise;

•(ii) the processing of prescribed substance and the extraction or

•production of fissile materials from them;

•(iii) the theory, design, siting, construction and operation of nuclear

•power plant or reactor or plants for the treatment and production of any of the

•prescribed substance and for the separation of its isotopes;

•(iv) research and technological work on materials and processes

•involved in or derived from items covered by this sub-section;

(v)submissions made available to the Board or other regulatory bodies

•during the course of their work and declared as strategic, sensitive or

•confidential for business purpose by the applicant; and

•(vi) all activities referred to in the proviso to sub-section (1) of section 38,

•whether contained in a document, drawing, photograph, plan, model, or in any other

•form whatsoever, which relates to, represents, or illustrates—

(i)an existing or proposed plant used or proposed to be used for the

•purpose of producing, developing, or using nuclear energy; or

•(ii) the purpose or method of operation of any such existing or proposed

•plant; or

•(iii) any process operated or proposed to be operated in such existing or

•proposed plant.

(2)No person shall––

(a)disclose or obtain or attempt to obtain any restricted information; or

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

•information obtained in the discharge of any functions or performance of

•official duties under this Act.

(3)The Central Government may, by notification, prohibit the publication in

•any form whatsoever of restricted information or any other information as may be

•specified therein.

(4)Notwithstanding anything contained in the Right to Information Act, 2005,

•the information declared as restricted information or prohibited under this section

•shall be debarred from disclosure under the provisions of that Act.

•Restricted

information.

•26

•Prohibited areas.

•Power to obtain

•information

•regarding

•materials,

•facilities or

processes.

•Administration

•of Occupational

•Safety, Health

•and Working

•Conditions

•Code, 2020.

•Delegation of

powers.

40.The Central Government may, by order,—

(a)declare any premises as prohibited area where work including research,

•design or development is carried on in respect of the production, processing, use,

•application or disposal of nuclear energy or of any prescribed substance;

(b)prohibit––

(i)the entry of any person, without obtaining permission, into a

•prohibited area; or

•(ii) any person from taking, without permission, any photograph,

•sketch, pictures, drawing, map or other document from a prohibited area

•and any permission, if given, may be subject to such conditions which

•the Central Government may consider necessary.

SECTION Section 159

Untitled Section

41.The Central Government may, by notice in writing, require any person to

•submit to it 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 in the possession or under the control or present

•in or on any land or mine owned or occupied by such person, 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 facility in his possession or under his control designed for mining

•or processing of minerals, or adapted for the production or use of nuclear

•energy or research into matters connected therewith;

(c)any contract entered into or any licence granted by or to such person

•for prospecting or mining of minerals or production or use of nuclear energy

•or research into matters connected therewith;

(d)any information in possession of such person for any work carried

•out by or on behalf or under the directions of such person, in connection with

•prospecting or mining of minerals so specified or the production or use of

•nuclear energy or research into matters connected therewith; and

(e)any other information as the Central Government deems necessary

•for the purpose of discharging its functions under this Act.

SECTION Section 16

Untitled Section

11.Liability of operator of nuclear installation.

SECTION Section 160

Untitled Section

42.Notwithstanding anything contained in the Occupational Safety, Health

•and Working Conditions Code, 2020, the authority to administer the said Act,

•including the appointment of inspecting staff and the making of rules thereunder

•shall vest in the Central Government in relation to any factory belonging to it or a

•company fully owned or controlled by it and engaged in carrying out the purposes

•of this Act:

•Provided that the Central Government may, by notification, delegate to the

•Board the authority to administer the provisions of the Occupational Safety, Health

•and Working Conditions Code, 2020, ex cept the power to make rules, relating to

•health and safety of the workers, as may be specified in that notification.

SECTION Section 161

Untitled Section

43.The Central Government may, by notification, direct that any power or

•function which may be exercised or performed by it under this Act, except the power

•to make rules, shall, in relation to such matters and subject to such conditions, if

•any, as it may specify in the notification, be exercised or performed also by—

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

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

•State Government,

•not below the rank of a Director, as may be specified in the notification.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•37 of 2020.

•27

•5

•10

•15

•20

•25

•30

•35

•40

SECTION Section 162

Untitled Section

44.Notwithstanding anything contained in this Act, the Central

•Government may, with the prior approval of the Atomic Energy Commission,

•by notification, and for the reasons specified therein, exempt any plant,

•facilities, prescribed substance or quantity of prescribed substance or prescribed

•equipment and technology from the requirements of licence or liability

•or any provisions of this Act, if it is of the opinion that the risk involved is

insignificant.

SECTION Section 163

Untitled Section

45.(1) The Central Government, for ensuring compliance with the provisions

•of this Act, may issue such directions as it deems necessary to any licensee or any

•other person, whether generally or specifically, and every such licensee or person

•shall be bound to comply with such directions.

(2)N o direction shall be issued under sub -section ( 1) unless the Central

•Government has given a reasonable opportunity of being heard to the licensee or the

•person concerned.

SECTION Section 164

Untitled Section

46.(1) In the event of a national emergency declared under article 352 of the

•Constitution, the Central Government shall––

(a)have the authority to assume control over the nuclear and radiation

•facilities, materials, equipment and related products, without limitation; and

(b)take such measures as it considers necessary or expedient for the

•exercise of the powers conferred under this section.

(2)Any person affected by the action of the Central Government under

•sub-section ( 1) shall be entitled to compensation as may be determined under

SECTION Section 165

Untitled Section

•section 36.

SECTION Section 166

Untitled Section

•CHAPTER VII

•REVIEW APPLICATIONS AND APPEALS

SECTION Section 167

Untitled Section

47.( 1) With effect from such date as the Central Government may, by

•notification, appoint, there shall be established a Council to be known as the Atomic

•Energy Redressal Advisory Council.

(2)The Council shall consist of the following Members, ex officio ,

•namely:—

(a)the Chairperson of the Atomic Energy Commission—Chairperson;

(b)Director, Bhabha Atomic Research Centre—Member;

(c)Chairperson, Atomic Energy Regulatory Board—Member; and

(d)Chairperson of Central Electricity Authority—Member.

(3)The Council may invite technical experts, not exceeding three, to the

•meetings of the Council for their expert advice subject to such terms and conditions

•as may be prescribed.

(4)The Council shall meet at such times and places and shall observe such

•rules of procedure in regard to the transaction of business at its meetings, including

•quorum as may be prescribed.

SECTION Section 168

Untitled Section

48.(1) Any licensee or holder of safety authorisation or any person aggrieved

•by an order or decision of the Central Government or the Board under this Act

•including fixation of tariff under section 37 may submit an application for review to

•the Council.

•Power of

exemption.

•Power to issue

directions.

•Emergency

powers.

•Establishment of

•Atomic Energy

•Redressal

•Advisory

Council.

•Redressal of

•disputes by

Council.

•28

•Appellate

Tribunal.

•Technical

•Members of

•Appellate

Tribunal.

Appeals.

(2)The Council shall examine,—

(a)the review application submitted under sub-section (1) and facilitate

•re-conciliation and settlement of disputes by an order in writing;

(b)any matter or complaint referred by the Board or the Central

•Government to determine if the act or omission is a fit case for the purpose of

•complaint under section 74 and pass an order in writing;

(c)any other matter requiring redressal other than matters related to

compensation.

(3)Before passing any order under sub-section (2), the Council shall take into

•account the significance and repeated nature of the contravention, or wilful violation

•or severity of damages caused due to deliberate violations.

SECTION Section 169

Untitled Section

49.(1) The Appellate Tribunal for Electricity established under section 110 of

•the Electricity Act, 2003 , shall be the Appellate Tribunal for the purposes of this

Act.

(2)The Appellate Tribunal may hear and dispose of,––

(a)any appeal filed under sub-section (1) of section 51;

(b)any other matter as may be notified by the Central Government

•within the purview of the Appellate Tribunal.

SECTION Section 17

Untitled Section

12.Operator not liable in certain circumstances.

SECTION Section 170

Untitled Section

50.(1) For the purposes of this Act, the Appellate Tribunal for Electricity, in

•addition to its existing composition shall consist of such number of Technical

•Members not exceeding two, to be known as Technical Member (Atomic Energy)

•having expertise in matters related to nuclear energy and of such rank as may be

•notified by the Central Government.

(2)The Technical Member (Atomic Energy) shall be appointed from a panel

•prepared by the search-cum-selection committee with such composition and in such

•manner as may be prescribed.

(3)The term of office, the salaries and allowances payable to, and other terms

•and conditions of service of the Technical Member (Atomic Energy) shall be the

•same as applicable to the other members of the Appellate Tribunal.

SECTION Section 171

Untitled Section

51.(1) Any person aggrieved by an order of the Council under section 48 or

•penalty imposed by the adjudicating officer under section 70 may file an appeal

•before the Appellate Tribunal in such form and manner and accompanied by such

•fee, as may be prescribed.

(2)Any appeal to the Appellate Tribunal shall be preferred within a period of

•thirty days from the date on which a copy of the order referred to in sub-section (1)

•is received by the appellant:

•Provided that the Appellate Tribunal may entertain the appeal after the expiry

•of the said period of thirty days if it is satisfied that there was sufficient cause for

•not filing it within the stipulated period.

(3)On receipt of an appeal under this section, the Appellate Tribunal may,

•after giving the parties an opportunity of being heard, pass such orders thereon as it

•thinks fit.

(4)The Appellate Tribunal shall send a copy of every order passed by it to the

•parties and to the Council or the adjudicating officer, as the case may be.

(5)The Appellate Tribunal may, for the purposes of examining an appeal

•under this section, on its own motion or otherwise, call for the records relevant for

•the disposal of such appeal.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•36 of 2003.

•29

•44 of 1958.

•16 of 2024.

•80 of 1976.

•5

•10

•15

•20

•25

•30

•35

•40

SECTION Section 172

Untitled Section

52.Any person aggrieved by any order of the Appellate Tribunal, may file an

•appeal before the Supreme Court, within sixty days from the date of communication

•of the order appealed against:

•Provided that the Supreme Court may entertain the appeal after the expiry of

•the said period of sixty days, if it is satisfied that the appellant was prevented by

•sufficient cause from preferring the appeal in time.

SECTION Section 173

Untitled Section

•CHAPTER VIII

•COMPENSATION FOR NUCLEAR DAMAGE

SECTION Section 174

Untitled Section

53.Any compensation for nuclear damage suffe red may be claimed, if the

•nuclear damage has occurred—

(a)within the territory of India;

(b)in or over the maritime areas beyond the territorial waters of

•India––

(i)on a ship registered in India under the Merchant Shipping

•Act, 1958 or under any other law for the time being in force; or

•(ii) on an aircraft registered in India under the Bharatiya Vayuyan

•Adhiniyam, 2024 or under any other law for the time being in

•force; or

•(iii) on an artificial island, installation, or structure under the

•jurisdiction of the Republic of India; or

(c)in or over the exclusive economic zone of India or on the continental

•shelf of India within the meaning of section 7 of the Territorial Waters,

•Continental Shelf, Exclusive Economic Zone and Other Maritime Zones

•Act, 1976; or

(d)in the territory of a foreign State resulting from a nuclear incident in

•India, if at the time of such nuclear incident, the foreign State—

(i)has no nuclear installation in its territory or its maritime zones

•established in accordance with international law; or

•(ii) is a party to one of the international conventions on civil

•nuclear liability.

SECTION Section 175

Untitled Section

54.( 1) Whoever suffers nuclear damage shall be entitled to claim

•compensation in accordance with the provisions of this Act.

(2)For the purposes of adjudicating upon claims for compensation in

•respect of nuclear damage, the Central Government shall, within such period

•not exceeding thirty days from the date of notification of nuclear incident

•under section 26, designate by notification, one or more officers not below the

•rank of Joint Secretary to the Government of India, as Claims Commissioner

•for such area and subject to such terms and conditions, as may be specified in

•that notification.

SECTION Section 176

Untitled Section

55.Upon the notification of nuclear incident under sub -section ( 1) of

SECTION Section 177

Untitled Section

•section 26, the Claims Commissioner designated f or the area shall cause wide

•publicity to be given in such manner as may be deemed fit, for inviting applications

•for claiming compensation for nuclear damage.

•Appeals to

•Supreme Court.

•Territorial

•jurisdiction for

•claims for

•nuclear damage.

•Claims

Commissioner.

•Inviting

•application for

claims.

•30

•Establishment of

•Nuclear Damage

•Claims

Commission.

•Composition of

•Claims

Commission.

•Powers of

•Chairperson of

•Claims

Commission.

•Terms and

•conditions of

•service of

•Chairperson and

•Members of

•Claims

Commission.

56.Where the Central Government, having regard to the extent and severity

•of the nuclear damage is of the opinion that it is expedient in public interest that

•claims for such damage be adjudicated by a Claims Commission instead of by

•Claims Commissioner, then, it may by notification, establish a Claims Commission

•to be called the Nuclear Damage Claims Commission for the purposes of such

adjudication.

SECTION Section 178

Untitled Section

57.(1) The Claims Commission shall consist of a Chairperson and such other

•Members, not exceeding six, as the Central Government may, by notification,

appoint.

(2)The Chairperson and other Members of the Claims Commission shall be

•appointed on the recommendations of a search-cum-selection committee consisting

•of three experts, from amongst persons having at least thirty years of experience in

•nuclear science, and a retired Supreme Court Judge.

(3)No person shall be qualified for appointment as the Chairperson of the

•Claims Commission unless such person is or has been a Judge of a High Court:

•Provided that no appointment of a sitting judge shall be made except after

•consultation with the Chief Justice of India.

(4)No person shall be qualified f or appointment as a Member unless such

•person––

(a)has held or is holding the post of Additional Secretary to the

•Government of India or any other equivalent post and possesses special

•knowledge in law; or

(b)has been a Claims Commissioner for five years.

SECTION Section 179

Untitled Section

58.The Chairperson shall have the power of superintendence and general

•administration of the Claims Commission and exercise such other powers as may

•be prescribed.

SECTION Section 18

Untitled Section

13.Limits of liability for nuclear incident.

SECTION Section 180

Untitled Section

59.(1) The Chairperson or a Member of the Claims Commission shall hold

•office as such for a term of three years from the date on which he enters upon his

•office and shall be eligible for re-appointment for another term of three years:

•Provided that no person shall hold office as Chairperson or Member after he

•has attained the age of sixty-seven years.

(2)The salary and allowances and other terms and conditions of service of the

•Chairperson and Members of the Claims Commission shall be such as may be

prescribed.

(3)A person who, immediately before the date of assuming office as a

•Chairperson or a Member, if––

(a)was in service of the Central Government, shall be deemed to have

•retired from service on the date on which he enters upon office as such, but

•his subsequent service as the Chairperson or a Member shall be reckoned as

•continuing approved service counting for pension in service to which he

•belonged;

(b)in receipt of or being eligible so to do, has opted to draw a pension,

•other than a disability or wound pension, in respect of any previous service

•under the Government of India , his salary in respect of service as the

•Chairperson or a Member shall be reduced––

(i)by the amount of that pension; and

•(ii) if he had, before assuming office, received, in lieu of a portion

•of the pension due to him in respect of such previous service , the

•commuted value thereof, by the amount of that portion of the pension.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•31

•5

•10

•15

•20

•25

•30

•35

•40

•45

(4)The Chairperson or a Member of the Claims Commission shall not––

(a)act as an arbitrator or mediator in any matter while holding the office;

(b)appear, act or plead before the Claims Commission on ceasing to

•hold office.

SECTION Section 181

Untitled Section

60.( 1) The Chairperson or any Member of the Claims Commission may

•relinquish their office by giving a prior notice in writing to the Central Government,

•of not less than three months:

•Provided that the Chairperson or the Member shall, unless permitted by the

•Central Government to relin quish office sooner, continue to hold office until the

•expiry of three months from the date of receipt of such notice or until a person duly

•appointed as a successor enters upon the office or until expiry of their term of office,

•whichever is earlier.

(2)The Central Government shall remove from office the Chairperson or a

•Member of the Claims Commission, who––

(a)has been adjudged an insolvent;

(b)has been convicted of an offence which, in the opinion of the Central

•Government, involves moral turpitude;

(c)has become physically or mentally incapable of acting as a Member;

(d)has acquired such financial or other interest as is likely to affect

•prejudicially his functions as a Member; or

(e)has so abused their position as to render continuance in offic e

•detrimental to the public interest:

•Provided that no Member shall be removed under clause ( d) or clause ( e)

•unless such Member has been given an opportunity of being heard in the matter.

SECTION Section 182

Untitled Section

61.The Central Government shall, from the date of occurrence of any vacancy

•by reason of death, resignation or removal of the Chairperson or any Member of the

•Claims Commission, appoint another person in accordance with the provisions of

•this Act to fill such vacancy and the proceedings may be continued b efore the

•Claims Commission from the stage at which it was, before the vacancy is filled.

SECTION Section 183

Untitled Section

62.(1) The Central Government shall provide the Claims Commission with

•such officers and other employees as it may deem fit.

(2)The salary and allowances payable to and the terms and other conditions

•of service of officers and other employees of the Claims Commission shall be such

•as may be prescribed.

SECTION Section 184

Untitled Section

63.(1) Upon establishment of the Claims Commission under section 56, every

•application for compensation for nuclear damage shall be made to the Claims

•Commission and every application for compensation pending before any Claims

•Commissioner immediately before the date of establishment of the Claims

•Commission under section 56 shall stand transferred on that date to the Claims

•Commission and upon such transfer, the Claims Commissioner shall––

(a)furnish to the Claims Commission all records, documents, evidence,

•registers, transcripts and any other material related to the transferred claims;

(b)provide such assistance and cooperation to the Claims Commission

•as may be requested by it; and

(c)take all reasonable steps to ensure that the transfer of claims does not

•result in delay or prejudice to any party.

•Resignation and

•removal of

•Chairperson or

•Member of

•Claims

Commission.

•Filling up

•vacancies of

•Claims

Commission.

•Officers and

•other employees

•of Claims

Commission.

•Application for

•compensation

•and transfer of

•pending cases to

•Claims

Commission.

•32

•Application for

•compensation in

•respect of

•nuclear damage.

•Adjudication

•procedure for

claims.

(2)Upon transfer of cases to the Claims Commission under sub -section (1),

•the Claims Commission shall hear such applications from the stage at which it was

•before such transfer.

(3)The transfer of a claim for compensation to the Claims Commission shall

•not be construed to––

(a)invalidate any proceeding validly conducted by a Claims

•Commissioner prior to such transfer; or

(b)affect any legal rights, obligations, or liabilities that have already

•accrued under an award or order made by a Claims Commissioner.

(4)The Chairperson may constitute benches of the Claims Commission

•comprising of not more than three Members, for the pur pose of hearing of claims

•and any decision thereon shall be made by a majority of the Members hearing

•such claims.

SECTION Section 185

Untitled Section

64.(1) An application for compensation before the Claims Commissioner or

•the Claims Commission in respect of a nuclear damage may be made by—

(a)a person who has sustained injury;

(b)a person owning the property to which damage has been caused;

(c)the legal representatives of the deceased; or

(d)any agent duly authorised by such persons referred to in

SECTION Section 186

Untitled Section

•clauses (a) and (b).

(2)Every application for compensation before the Claims Commissioner or

•the Claims Commission shall be made in such form and manner as may be

prescribed.

(3)Every application for compensation shall be made within a period of three

•years from the date of knowledge of nuclear damage by the person suffering

•such damage.

SECTION Section 187

Untitled Section

65.(1) For the purposes of adjudication of claims for nuclear damage under

•this Act, the Claims Commissioner and the Claims Commission shall follow such

•procedure as may be prescribed.

(2)For the purpose of holding inquiry, the Claims Commissioner and the

•Claims Commission may engage experts in the nuclear field or such other persons

•as may be deemed fit, on such terms and conditions and on payment of such

•remuneration, fee or allowances, as may be prescribed.

(3)The Claims Commissioner and the Claims Commission shall, for the

•purposes of discharging their functions under this Act, have the same powers as are

•vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit,

•in respect of the following matters, namely:––

(a)summoning and enforcing the attendance of any person and

•examining him on oath;

(b)the discovery and production of documents;

(c)receiving evidence on affidavits;

(d)requisitioning any public record or copies thereof from any court

•or office;

(e)issuing of commission for the examination of any witness;

(f)any other matter which may be prescribed.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•5 of 1908.

•33

•5 of 1908.

•46 of 2023.

•45 of 2023.

•5 of 1908.

•5

•10

•15

•20

•25

•30

•35

•40

•45

(4)The Claims Commissioner and the Claims Commission shall not be bound

•by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided

•by the principles of natural justice and subject to the other provisions of this Act any

•rules made thereunder, the Claims Commissioner and the Claims Commission shall

•have the power to regulate its own procedure including the places and the times at

•which it shall have its sittings.

(5)The Claims Commissioner and the Claims Commission shall be deemed

•to be a civil court for the purposes of section 215 and Chapter XV of the Bharatiya

•Nagarik Suraksha Sanhita, 2023.

(6)Every proceeding before the Claims Commissioner or the Claims

•Commission under this Act shall be deemed to be judicial proceeding within the

•meaning of sections 229, 257 and 267, and for the purposes of section 196, of the

•Bharatiya Nyaya Sanhita, 2023.

SECTION Section 188

Untitled Section

66.(1) On receipt of an application for compensation under this Chapter, the

•Claims Commissioner or the Claims Commission shall, after giving notice of such

•application to the operator and giving an opportunity of being heard to the parties,

•dispose of the application within a period of three months from the date of such

•receipt and make an award accordingly.

(2)While making an award under this section, the Claims Commissioner or the

•Claims Commission shall not take into consideration any benefit, reimbursement or

•amount received by the applicant in pursuance of employment or contract or insurance

•taken by the applicant for himself or for members of his family or otherwise.

(3)Where an operator is likely to remove or dispose of any property with the

•object of evading payment of the amount of the award, the Claims Commission er

•or the Claims Commission may, in accordance with the provisions of rules 1 to 4 of

•Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908, grant a

•temporary injunction to restrain such act.

(4)The Claims Commissioner and the Claims Comm ission shall cause to

•deliver copies of the award to the parties including digital copies, within a period of

•fifteen days from the date of the award.

(5)Every award made under this section shall be final and binding on the

parties.

SECTION Section 189

Untitled Section

67.The right to claim compensation for nuclear damage shall extinguish, if

•such claim is not made within a period of––

(a)ten years, in the case of damage to property;

(b)twenty years, in the case of personal injury to any individual,

•from the date of notification of nuclear incident under sub-section (1) of section 26:

•Provided that where a nuclear damage is caused by a nuclear incident

•involving nuclear material which, prior to such nuclear incident, had been stolen,

•lost, jettisoned or abandoned, the said period of ten ye ars shall not strictly apply

•from the date of such nuclear incident, but, in no case, it shall exceed a period of

•twenty years from the date of such theft, loss, jettison or abandonment.

SECTION Section 19

Untitled Section

14.Liability of Central Government.

SECTION Section 190

Untitled Section

68.(1) When an award is made by the Claims Commissioner or the Claim s

•Commission under this Act,––

(a)the insurer or any person who under the contract of insurance or

•financial security is required to pay any amount in terms of such award and to

•the extent of his liability under such contract shall deposit that amount within

•such period and in such manner as the Claims Commissioner or the Claims

•Commission may direct; and

•Award of

compensation.

•Extinction of

•right to claim.

•Enforcement of

awards.

•34

•Dissolution of

•Claims

•Commission in

•certain

circumstances.

Penalties.

(b)the operator shall, subject to the maximum amount of liability

•specified in the Second Schedule, deposit the remaining amount by which

•such award exceeds the amount deposited under clause (a).

(2)Where the insurer or operator or any person referred to in sub -section (1)

•fails to deposit the amount of award within the period specified in the award, such

•amount shall be recoverable from such in surer or operator or person, as the case

•may be, as arrears of land revenue.

(3)The amount deposited under sub -section (1) shall be disbursed to such

•person as may be specified in the award within a period of fifteen days from the date

•of such deposit.

SECTION Section 191

Untitled Section

69.(1) Where the Central Government is satisfied that the purpose for which

•the Claims Commission was established has served its purpose, or where the number

•of cases pending before such Claims Commission is so less that it would not justify

•the cost of its continued function, or where it considers necessary or expedient

•so to do, the Central Government may, by notification, dissolve the Claims

Commission.

(2)With effect from the dissolution of the Claims Commission,—

(a)the proceedings, if any, p ending before the Claims Commission as

•on the date of such dissolution, shall be transferred to the Claims

•Commissioner;

(b)the Chairperson and all Members of the Claims Commission shall be

•deemed to have vacated their offices as such and they shall not b e entitled to

•any compensation for premature termination of their office;

(c)all assets and liabilities of the Claims Commission shall vest in the

•Central Government.

(3)Notwithstanding the dissolution of the Claims Commission under

•sub-section (1), anything done or any action taken or purported to have been done

•or taken including any order made or notice issued or any appointment, confirmation

•or declaration made or any document or instrument executed or any direction given

•by the Claims C ommission before such dissolution, shall be deemed to have been

•validly done or taken under this Act.

SECTION Section 192

Untitled Section

•CHAPTER IX

•OFFENCES AND PENALTIES

SECTION Section 193

Untitled Section

70.(1) If the Central Government or the Board determines on conclusion of

•an investigation under section 29 that there has been a breach or violation by any

•person, of––

(a)any provision of this Act or the rules or regulations made

•thereunder; or

(b)the terms and conditions of licence or safety authorisation; or

(c)any order issued under,—

(i)the second proviso of sub-section (2) of section 5; or

•(ii) sub-section (1) of section 8; or

•(iii) sub-section (4) of section 31; or

•(iv) sub-section (3) of section 35; or

(v)section 40; or

•5

•10

•15

•20

•25

•30

•35

•40

•45

•35

•5

•10

•15

•20

•25

•30

•35

•40

(d)any directions issued under,—

(i)sub-section (3) of section 8; or

•(ii) sub-section (4) of section 24; or

•(iii) clause (c) or clause (d) of sub-section (2) of section 31; or

(e)any conditions imposed under clause (b) or prohibitions specified

•under clause (c), of sub-section (3) of section 5; or

(f)any notice issued under section 41,

•then if such breach or violation is not likely to pose a grave threat or risk to public

•or environment, the adjudicating officer designated under sub -section ( 2), after

•giving such person a reasonable opportunity of being heard, may impose such

•penalties for any of the categories of the aforesaid breach and viol ations specified

•in the First Schedule.

(2)The Central Government or the Board may designate any of its officers,

•not below the rank of Joint Secretary, as an adjudicating officer for the purposes of

•adjudication under sub-section (1).

(3)While determining the penalty under sub -section ( 1), the adjudicating

•officer shall have due regard to the following factors, namely:—

(a)the nature, gravity and duration of the breach or violation;

(b)the consequences of the breach or violation on nuclear or

•radiation safety;

(c)repetitive nature of the breach or violation;

(d)whether the person, as a result of the breach or violation, has realised

•a gain or avoided any loss;

(e)whether the person took any action to mitigate the effects and

•consequences of the breach or violation, and the timeliness and effectiveness

•of such action;

(f)whether the penalty to be imposed is proportionate and adequate to

•deter any further breach or violation; and

(g)the likely impact of the imposition of the penalty on the person.

(4)In the case of a continuing contravention, the adjudicating officer may

•impose a penalty not exceeding twenty -five thousand rupees for every day during

•which the default continues.

(5)The amount of any penalty under this section, if not paid, may be recovered

•as if it were an arrear of land revenue.

(6)All sums realised by way of penalties imposed by the adjudicating officer

•shall be credited to the Consolidated Fund of India.

SECTION Section 194

Untitled Section

71.(1) Without prejudice to any penalty imposed by the a djudicating officer

•under section 70, whoever––

(a)commits a breach or violation referred to in sub-section (1) of section 70

•which is likely to pose a grave threat or risk to public or environment; or

•knowingly or repeatedly commits any such breach or violation;

(b)carries out any of the activities without a licence or safety

•authorisation for which a licence or safety authorisation is required

•under this Act;

•Punishment for

offences.

•36

•Offences by

companies.

•Offences by

•Government

Departments.

(c)violates safeguards or security requirements under this Act;

(d)fails to comply with the provisions of section 15;

(e)fails to deposit the amount under section 68; or

(f)fails to pay the penalty imposed by the adjudicating officer under

SECTION Section 195

Untitled Section

•section 70,

•shall be deemed to be an offence under this Act and be punishable with

•imprisonment for a term which may extend to five years or with fine or with both.

(2)Whoever obstructs any authority or officer in the exercise of their powers

•under this Act shall or knowingly makes any false, declaration or statement in any

•return or reports submitted to the Central Government or the Board be punishable with

•imprisonment for a term which may extend to three years or with fine or with both.

(3)Whoever abets or attempts or conspires to commit any offence specified

•in sub-section (1) or sub-section (2), shall be liable to the same punishment as they

•apply to such offences.

(4)Whoever takes part in or commits or abets or incites the unauthorised

•removal or use of source material or fissile material or radioactive material or

•discloses any restricted information shall be punishable for a term which may extend

•to ten years of rigorous imprisonment or with fine or with both.

(5)Where an offence under this section relates to a factory, mine or any

•facility, then the occupier, owner or the employer of such factory, mine or facility,

•at the time the offence was committed, 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 section shall render such occupier,

•owner or employer liable to any punishment if he proves that the offence was

•committed without his knowledge or that he exerc ised all due diligence to prevent

•the commission of such offence.

SECTION Section 196

Untitled Section

72.(1) Where an offence under this Act has been committed by a company,

•every person who, at the time the offence was committed was directly 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 under this Act, 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 office r of the

•company, such director, manager, secretary or other officer shall also 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, “director”, in relation to,—

(i)a firm, means a partner in the firm;

•(ii) an association of individuals, means authorised representative of the

association.

SECTION Section 197

Untitled Section

73.Where an offence under this Act has been committed by any Department

•of the Government, the Head of the Department shall be deemed to be guilty of the

•offence and shall be liable to be proceeded against and punished accordingly:

•5

•10

•15

•20

•25

•30

•35

•40

•45

•37

•46 of 2023.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•Provided that nothing contained in this section shall render such Head of the

•Department 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.

SECTION Section 198

Untitled Section

74.(1) The offences under section 71 shall be cognizable under the Bharatiya

•Nagrik Suraksha Sanhita, 2023, but no action shall be taken in respect of any person

•for the offence under this Act except upon a written complaint made by a person

•duly authorised by the Central Government or the Board:

•Provided that proceedings in respect of offences under sub -section ( 4) of

SECTION Section 199

Untitled Section

•section 71 shall not be instituted except with the consent of the Attorney General

•for India.

(2)No court inferior to that of a Judicial Magistrate of the first class shall try

•any offence under this Act.

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

15.Operator to maintain insurance or financial securities.

SECTION Section 200

Untitled Section

75.Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

•Sanhita, 2023, upon a complaint made under section 74, a police officer not below

•the rank of Inspector of Police shall investigate offences under this Act.

SECTION Section 201

Untitled Section

76.(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

•Sanhita, 2023 and save as provided in this section, any offence punishable under

•this Act may either before or after the institution of any proceeding, be compounded

•by the court before which such proceedings are pending.

(2)In deciding whether to compound an offence under this Act, the Judicial

•Magistrate shall have regard to the following factors, namely:—

(a)gravity of the conduct;

(b)risk posed to the public;

(c)the state of mind of the defendant;

(d)steps taken towards restitution of the default;

(e)the opinion of the Central Government or Board; and

(f)any other factor which may be notified by the Central Government.

(3)The offences under clauses (d), (e) and (f) of sub-section (1)

•and sub-section (4) of section 71 or any offence which poses a serious risk to

•nuclear safety or nuclear security, shall not be compoundable.

SECTION Section 202

Untitled Section

•CHAPTER X

•MISCELLANEOUS

SECTION Section 203

Untitled Section

77.(1) The Central Government may, after due appropriation made by

•Parliament by law in this behalf, make to the Board grants of such sums of money

•to enable the Board to carry out its functions under this Act.

(2)The Board shall prepare, in such form and at such time in each financial

•year, as may be prescribed, its budget for the next financial year, showing the

•estimated receipts and expenditure of the Board and submit the same to the Atomic

•Energy Commission.

SECTION Section 204

Untitled Section

78.(1) The Board shall maintain proper accounts and other relevant records

•and prepare an annual statement of accounts in such form as may be prescribed.

(2)The accounts of the Board shall be audited by the Comptroller and

•Auditor-General of India at such intervals as may be as may be specified by him

•and any expenditure incurred by him in connection with such audit shall be

•reimbursed to him by the Board.

(3)The Comptroller and Auditor-General of Indi a a nd any other person

•appointed by the Comptroller and Auditor-General in connection with the audit of

•Cognizance of

offences.

•Power to

•investigate

offences.

•Power to

•Compound

offences.

•Grants by

•Central

•Government to

Board.

•Accounts and

•audit of Board.

•38

•Furnishing of

•returns and

•reports by

Board.

•Furnishing of

•annual report by

•Claims

Commission.

•Bar on

•jurisdiction of

•civil court.

•Protection of

•action taken in

•good faith.

•Power to amend

•First and Second

Schedules.

•Power to make

rules.

•the accounts of the Board shall have the same rights and privileges and authority in

•connection with such audit as the Comptroller and Auditor -General of India

•generally has in connection with the audit of the Government accounts and, in

•particular, shall have the right to demand the production of books, accounts,

•connected vouchers and other documents and papers, and to inspect any of the

•offices of the Board.

(4)The accounts of the Board as c ertified by the Comptroller and

•Auditor-General of India or any other person appointed by him in this behalf

•together with the audit report thereon shall be forwarded annually to the Central

•Government and the Central Government shall cause the same to be laid before each

•House of Parliament.

SECTION Section 205

Untitled Section

79.(1) The Board shall furnish to the Central Government, at such time and

•in such form and the manner as may be prescribed, such returns and statements and

•such particulars in relation to finance and accounts as the Central Government may,

•from time to time, require.

(2)The Board shall prepare, once in every year, an annual report giving a

•summary of its activities during the previous year and copies of the report shall be

•forwarded to the Atomic Energy Commission.

(3)The Central Government shall cause a copy of the report referred to in

•sub-section (2) to be laid before each House of Parliament.

SECTION Section 206

Untitled Section

80.The Claims Commission shall prepare, in such form and at such time

•in each financial year, as may be prescribed, an annual report giving full account

•of its activities during that financial year and submit a copy thereof to the

•Central Government which shall cause the sa me to be laid before each House of

Parliament.

SECTION Section 207

Untitled Section

81.No civil court shall have jurisdiction to entertain any suit or proceedings

•in respect of any matter which the Central Government, Board, the Appellate

•Tribunal, the Claims Commission or the Claims Commissioner, as the case may be,

•is empowered to determine or adjudicate, under this Act and no injunction shall be

•granted by any court or other authority in respect of any action taken or to be taken

•in pursuance of any power conferred by or under this Act.

•82 No suit, prosecution or other legal proceeding shall lie against the Central

•Government or the Board or the Council, or any of their employees and officers or

•any person acting on their behalf, in respect of anything done or intended to be done

•in good faith under this Act or the rules or regulations made thereunder.

SECTION Section 208

Untitled Section

83.(1) If the Central Government is satisfied that it is necessary or expedient

•so to do, it may review the amount of––

(a)penalties specified in the First Schedule, to provide for a higher or

•lower amount for any category of breach or violation; or

(b)operator’s liability specified in the Second Schedule, to provide for

•a higher or lower amount having regard to deployment of nuclear

•installations with advanced technology and enhanced safety features and other

•relevant criteria,

•by notification, amend the First Schedule or the Second Schedule and thereupon the

•First Schedule or the Second Schedule, as the case may be, shall be deemed to have

•been amended accordingly.

(2)A copy of every notification issued under sub-section (1), shall be laid as

•soon as may be after it is issued, before each House of Parliament.

SECTION Section 209

Untitled Section

84.(1) The Central Government may, by notification, make rules for carrying

•out the provisions of this Act.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•50

•39

•5

•10

•15

•20

•25

•30

•35

•40

•45

(2)In particular, and without prejudice to the generality of the

•foregoing power, such rules may provide for all or any of the following matters,

•namely:—

(a)the measures to be taken for security of radioactive substance under

•sub-section (4) of section 4;

(b)the form and manner of application for licence and the documents,

•information and fee, under sub-section (1) of section 6;

(c)the manner and terms and conditions for the grant of licence under

•sub-section (1) of section 7;

(d)the manner of taking control of the facility or mine and for

•compliance with other obligations under sub-section (4) of section 8;

(e)the terms and conditions of safety, security and safeguards under

•sub-section (2), and the manner of maintaining sufficient financial security

•under clause (e) of sub-section (3), of section 10;

(f)the manner of establishing Nuclear Liability Fund under

•sub-section (2) of section 14;

(g)the manner of obtaining an insurance policy or such other financial

•security under sub-section (1) of section 15;

(h)the qualifications and experience of Chairperson and Members of

•Board under sub-section (3) of section 17;

(i)the procedure to be followed by the search-cum-selection committee

•for recommending names of Chairperson and Members of Board under

•sub-section (5) of section 17;

(j)the salaries, allowances, incentives, entitlements and other conditions of

•service of officers and employees of Board under sub-section (2) of section 23;

(k)the other powers to be exercised and functions to be performed by

•Board under clause (r) of sub-section (3) of section 24;

(l)the m anner of carrying out inspection and verification under

•sub-section (2) of section 28;

(m)the manner of conducting investigation under sub -section ( 2) of

SECTION Section 21

Untitled Section

16.Operator’s right of recourse.

SECTION Section 210

Untitled Section

•section 29;

(n)the manner of carrying out search and seizure under sub -section (2)

•of section 30;

(o)the manner in which acquisition shall be carried out under

•sub-section (3) of section 33;

(p)the terms and conditions for inviting technical experts to the meetings

•of the Council under sub-section (3) of section 47;

(q)the times, places, rules of procedure and quorum for meetings of

•Council under sub-section (4) of section 47;

(r)the manner and composition of search -cum-selection committee for

•appointment of Technical Member (Atomic Energy) under sub-section (2) of

SECTION Section 211

Untitled Section

•section 50;

(s)the form and manner of filing an appeal before the Appellate Tribunal

•under sub-section (1) of section 51;

(t)the other powers to be exercised by Chairperson of Claims

•Commission under section 58;

(u)the salary and allowances and other terms and conditions of service

•of the Chairperson and Members of Claims Commission under sub-section (2)

•of section 59;

•40

•Power to make

regulations.

•Rules,

•regulations to be

•laid before

Parliament.

(v)the salary and allowances payable to and the terms and other

•conditions of service of officers and other employees of Claims Commission

•under sub-section (2) of section 62;

(w)the form and manner of application for compensation before Claims

•Commissioner or Claims Commission under sub-section (2) of section 64;

(x)the procedure to be followed for adjudication of claims for nuclear

•damage under sub-section (1) of section 65;

(y)the terms and conditions for engaging experts for holding inquiry and

•payment of remuneration, fee or allowances to them under sub-section (2) of

SECTION Section 212

Untitled Section

•section 65;

(z)any other matter under clause (f) of sub-section (3) of section 65;

•(za) the form and time of preparing budget under sub -section ( 2) of

SECTION Section 213

Untitled Section

•section 77;

•(zb) the form of preparation of annual statement of accounts under

•sub-section (1) of section 78;

•(zc) the time, form and manner of furnishing returns, statements and

•particulars under sub-section (1) of section 79;

•(zd) the form and time of preparing annual report by Claims Commission

•under section 80;

•(ze) any other matter which is to be, or may be, prescribed, or in respect

•of which provision is to be made, by rules.

SECTION Section 214

Untitled Section

85.(1) The Board may, by notification, make regulations for carrying out the

•provisions of this Act.

(2)In particular, and without prejudice to the generality of the foregoing

•power, such regulations may provide for all or any of the following matters,

•namely:—

(a)the facilities or activities requiring safety aut horisation under

•sub-section (3) of section 3;

(b)radiological emergency under sub-section (3) of section 4;

(c)the form and manner of application for safety authorisation, and

•documents, information and fee under sub-section (2) of section 6;

(d)the manner and terms and conditions for granting a safety

•authorisation under sub-section (2) of section 7;

(e)the time, places, rules of procedure and quorum of meetings of Board

•under section 21;

(f)the grant of safety authorisation during various stages of lifetime of

•nuclear and radiation facilities and associated activities under clause ( e) of

•sub-section (3) of section 24;

(g)the manner of review of order or decision of Chairperson or

•Whole-time Member or officer under sub-section (2) of section 27;

(h)any other matter which is to be, or may be, specified, or in respect of

•which provision is to be made, by regulations.

SECTION Section 215

Untitled Section

86.Every rule and every regulation 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, before the expiry of the session immediately

•following the session or the successive sessions aforesaid , both Houses agree in

•5

•10

•15

•20

•25

•30

•35

•40

•45

•41

•33 of 1962.

•38 of 2010.

•5

•10

•15

•20

•25

•30

•35

•40

•4

•making any modification in the rule or regulation, or both Houses agree that the rule

•or regulation should not be made, the rule or regulation 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 or regulation.

SECTION Section 216

Untitled Section

87.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 such effect by virtue of any enactment other than this Act.

SECTION Section 217

Untitled Section

88.(1) If any difficulty arises in giving effect to the provisions of this Act, the

•Central Government may, by order published in the Official Gazette, make such

•provisions, not inconsistent with the provisions of this Act, as may be necessary or

•expedient, for removing the difficulty.

(2)No order shall be made under this section after the expir y of five years

•from the date of commencement of this Act.

(3)Every order made under this section shall be laid, as soon as may be after

•it is made, before each House of Parliament.

SECTION Section 218

Untitled Section

89.The enactment specified in the Third Schedule is hereby amended to the

•extent and in the manner mentioned in the fourth column thereof.

SECTION Section 219

Untitled Section

90.The provisions of this Act shall be binding on the Government.

SECTION Section 22

Untitled Section

•CHAPTER IV

•ATOMIC ENERGY REGULATORY BOARD

SECTION Section 220

Untitled Section

91.( 1) The Atomic Energy Act, 1962 and the Civil Li ability for Nuclear

•Damage Act, 2010 are hereby repealed.

(2)Notwithstanding the repeal of the enactments aforesaid, any action taken,

•including creation of any body or authority, grant of licence or permissions by

•whatever name called, grant of exemption, conduct of inspection or investigation or

•passing of orders, issuance of notice, any document or instrument executed, funds

•collected or any proceedings, complaints or appeal pending or ongoing, under the

•enactments so repealed, shall be deemed to have been done or taken under this Act.

(3)All rules, notifications, orders, directions and regulatory documents made

•or issued or purported to have been made or issued under the enactments so repealed

•shall, in so far as they relate to matters for which provision is made in this Act and

•are not inconsistent therewith, be deemed to have been made or issued under this

•Act as if this Act had been in force on the date on which such rule, notifications,

•orders, directions and regulatory documents were made or issued, and shall continue

•in force unless and until they are superseded by any rule , notification, order,

•direction or regulatory document made or issued under this Act.

(4)Any person appointed to any office under or by virtue of any enactment

•hereby repealed shall be deemed to have been appointed by that office under or by

•virtue of this Act.

(5)Any principle or rule of law, practice or procedure or existing usage,

•custom, privilege, restriction or exemption shall not be affected, notwithstanding

•that the same respectively may have been in any manner affirmed or recognised or

•derived by, in, or from, the enactments hereby repealed.

(6)The offices existing on the commencement of this Act shall continue as if

•they have been established under the provisions of this Act.

•Act to have an

•overriding

effect.

•Power to remove

difficulties.

•Amendment of

•Act No. 39 of

SECTION Section 221

Untitled Section

1970.

•Act binding on

Government.

•Repeal and

saving.

•42

•THE FIRST SCHEDULE

•[See sections 70(1) and 83(1)]

•PENALTIES FOR CATEGORIES OF BREACH AND VIOLATIONS

•Categories of breach and violations Penalty (in INR)

•Severe Not less than fifty lakh rupees but

•may extend to one crore rupees.

•Major Not less than ten lakh rupees but

•may extend to fifty lakh rupees.

•Moderate Not less than five lakh rupees but

•may extend to ten lakh rupees.

•Minor Not less than fifty thousand rupees

•but may extend to five lakh rupees.

•43

•THE SECOND SCHEDULE

•[See sections 11(2)(3), 13 (2), 14(1)(a), 15(1),16, 68(1)(b) and 83(1)]

•LIMITS OF LIABILITY OF THE OPERATORS FOR DIFFERENT CATEGORIES OF

•NUCLEAR INSTALLATION

Sl.No. Categories of nuclear installation Limit of operator’s

•liability (INR) in crore

(1)(2) (3)

SECTION Section 222

Untitled Section

1.Reactors having thermal power above

•3600 MW

•3000

SECTION Section 223

Untitled Section

2.Reactors having thermal power above

•1500 MW and up to 3600 MW

•1500

SECTION Section 224

Untitled Section

3.Reactors having thermal power above

•750 MW and up to 1500 MW

•750

SECTION Section 225

Untitled Section

4.Reactors having thermal power above

•150 MW and up to 750 MW

•300

SECTION Section 226

Untitled Section

5.Reactors having thermal power up to

•150 MW, fuel cycle facilities other than

•spent fuel reprocessing plants and

•transportation of nuclear materials

•100

•44

•THE THIRD SCHEDULE

•(See section 89)

•AMENDMENTS

•Year No. Short title Amendments

(1)(2) (3) (4)

•1970 39 The Patents Act,

•1970

SECTION Section 227

Untitled Section

1.For section 4, the following

•section shall be substituted,

•namely:––

•“4. Inventions relating to

•nuclear energy.––The patents

•may be granted for inventions

•relating to nuclear energy

•subject to the provisions of this

•Act and section 38 of the

•Sustainable Harnessing and

•Advancement of Nuclear Energy

•for Transforming India

•Act, 2025.”.

SECTION Section 228

Untitled Section

2.In section 65, in sub-section (1),

•for the words, brackets and figures

•“sub-section (1) of section 20 of the

•Atomic Energy Act, 1962

•(33 of 1962)”, the words and figures

•“section 38 of the Sustainable

•Harnessing and Advancement of

•Nuclear Energy fo r Transforming

•India Act, 2025” shall be substituted.

•45

•STATEMENT OF OBJECTS AND REASONS

•The Atomic Energy Act, 1962 (33 of 1962) was enacted, after repealing the

•Atomic Energy Act, 1948, to provide for a legal framework for the development,

•control and use of atomic energy, for the welfare of the people of India and for other

•peaceful purposes. Thereafter, the Atomic Energy Act, 1962 was amended in the

•years 1986, 1987 and 2015. The progressive amendments over the years gradually

•broadened the scope of nuclear power production originally confined to the Central

•Government, to Government compan ies and joint ventures among them. In the

•year 2010, the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010) was

•enacted to provide for civil liability for nuclear damage and prompt compensation

•to the victims of nuclear incident through a no-fault liability regime.

SECTION Section 229

Untitled Section

2.With the strong research and development support since inception of the

•nuclear power programme, India could achieve self -reliance in nuclear fuel cycle

•technology and has been carrying out its nuclear power programme in a responsible

manner.With adequate experience now in place, the time is ripe to augment its

•nuclear installed capacity to ensure clean energy security and reliable round -the-

•clock power for national data centres and future ready applications.

SECTION Section 23

Untitled Section

17.Constitution of Atomic Energy Regulatory Board.

SECTION Section 230

Untitled Section

3.India has set an ambitious target to achieve energy independence with a

•roadmap for decarbonisation of the economy by 2070 and to achieve 100 Giga Watt

•of nuclear power capacity by 2047. To achieve this goal, it is imperative to enact a

•new legislation to harness the full potential of India’s nuclear energy and indigenous

•resources through active involvement of both the public and private sectors. It

•further seeks to leverage the contribution of domestic nuclear energy for augmenting

•the global nuclear energy ecosystem.

SECTION Section 231

Untitled Section

4.In view of the reasons mentioned in the preceding paragraphs, it is necessary

•to enact a new comprehensive legislation, namely, the Sustainable Harnessing and

•Advancement of Nuclear Energy for Transforming India Bill, 2025 and to repeal

•the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010.

•The new legislation is aligned to achieve the objectives of increasing the share of

•nuclear energy in the total energy mix of India, facilitate innovation in nuclear

•science and technology, expand its applications to non -power applications and

•continue to honour India’s obligations towards safety, security, safeguards and

•towards nuclear liability.

SECTION Section 232

Untitled Section

5.The Bill, inter alia, seeks to provide for the following, namely:—

(i)to provide for licence and safety authorisation to the persons specified

•in clause 3 of the Bill for the production or use of nuclear energy and providing

•for the suspension and cancellation of such licence and safety authorisation in

•certain situations;

•(ii) to pr ovide for regulation of application of nuclear and radiation

•technology in health care, food and agriculture, industry, research, and other

•non-power uses;

•(iii) to exempt research, development and innovation activities from

•licence;

•(iv) to provide for a pragmatic civil liability regime for nuclear damage;

(v)to confer statutory status to the Atomic Energy Regulatory Board;

•(vi) to strengthen the implementation of security, safeguards and

•provide policy framework for quality assurance and smooth coordi nation for

•emergency preparedness and response;

•46

•(vii) to provide for vesting of acquisition rights exclusively with the

•Central Government in certain cases;

•(viii) to provide for establishment of Atomic Energy Redressal Advisory

•Council for redressal of disputes;

•(ix) to provide that the Appellate Tribunal for Electricity established

•under the Electricity Act, 2003 (36 of 2003) shall be the Appellate Tribunal

•for the purposes of the Bill;

(x)to provide for designation of officers as Claims C ommissioner by

•Central Government for the purposes of adjudication of claims for

•compensation in respect of nuclear damage; and

•(xi) to provide for establishment of Nuclear Damage Claims

•Commission for the adjudication in cases of severe nuclear damage.

SECTION Section 233

Untitled Section

6.The notes on clauses explain in detail the various provisions of the Bill.

SECTION Section 234

Untitled Section

7.The Bill seeks to achieve the above objectives.

•NEW DELHI; DR. JITENDRA SINGH.

•The 12th December, 2025.

•47

•Notes on clauses

SECTION Section 235

Untitled Section

•Clause 1 of the Bill provides for the short title and commencement of the Bill.

SECTION Section 236

Untitled Section

•Clause 2 of the Bill defines the various words and expressions used in the Bill

•such as “nuclear damage”, “nuclear energy”, “nuclear facility”, “nuclear incident”,

•“prescribed substance”, “radiation”, etc.

SECTION Section 237

Untitled Section

•Clause 3 of the Bill, inter alia, permits the Department of Government of

•India, any Company, joint venture, etc ., to set up the facilities or undertake the

•activities specified in this clause only under a licence or safety authorisation. It

•further empowers the Central Government to reserve certain activities of sensitive

•nature under its exclusive control.

SECTION Section 238

Untitled Section

•Clause 4 of the Bill enables the Board to regulate the manufacture, use, export,

•import, transport, transfer, etc., of any radioactive substances and radiation

•generating equipment. It further empowers the Central Government to specify

•measures for the security of radioactive substances.

SECTION Section 239

Untitled Section

•Clause 5 of the Bill empowers the Central Government to undertake

•exploration activities for discovery of uranium or thorium. It provides for notifying

•the threshold values of uranium and thorium content in minerals, above which

•mining would be permitted only to the Government and Government undertakings.

•It, inter alia, empowers the Central Government to impose certain terms and

•conditions on persons engaged in mining substa nces from which uranium can be

•isolated or extracted.

SECTION Section 24

Untitled Section

18.Terms and conditions of service of Chairperson and Members of

Board.

SECTION Section 240

Untitled Section

•Clause 6 of the Bill provides for making an application accompanied by fee

•and relevant documents and information for grant of licence and safety

authorisation.

SECTION Section 241

Untitled Section

•Clause 7 of the Bill, inter alia, provi des for grant of licence and safety

•authorisation by the Central Government and the Board, subject to the terms and

•conditions laid down in the rules and regulations, respectively. It further empowers

•the Central Government and the Board to refuse the gran t of licence and safety

authorisation.

SECTION Section 242

Untitled Section

•Clause 8 of the Bill provides the grounds for suspension, modification,

•curtailment of duration and cancellation of licence and safety authorisation and the

•actions the Central Government or the Board may take pursuant to such suspension,

•modification, curtailment or cancellation of the licence or safety authorisation.

SECTION Section 243

Untitled Section

•Clause 9 of the Bill enables any person to carry out research, development,

•design and innovation in matters related to nuclear energy and radiation for the

•peaceful use, except for the activities of sensitive nature which are exclusively

•reserved for the Central Government.

SECTION Section 244

Untitled Section

•Clause 10 of the Bill provides for duties of persons granted a licence or safety

authorisation.The said clause, inter alia, imposes restrictions, prohibitions as well

•as obligations on person who has been granted licence or safety authorisation for

•ensuring compliance with safety, security, safeguards and liability requirements.

SECTION Section 245

Untitled Section

•Clause 11 of the Bill, inter alia, provides that the operator shall be liable for

•nuclear damage caused by a nuclear incident occurring in a nuclear installation as

•well as for nuclear incident occurring outside the nuclear installation involving

•nuclear material in the course of carriage before and after an other operator has

•assumed the liability.

•48

SECTION Section 246

Untitled Section

•Clause 12 of the Bill provides for the circumstances under which the operator

•shall not be liable for nuclear damage including where a nuclear damage is caused

•by nuclear incident directly due to a grave natural disaster of an exceptional

•character or by acts of armed conflict, hostility, civil war, insurrection or terrorism.

SECTION Section 247

Untitled Section

•Clause 13 of the Bill makes provisions relating to limits of liability. It provides

•the maximum amount of liability of the operator for various categories of nuclear

•installations specified in the Second Schedule.

SECTION Section 248

Untitled Section

•Clause 14 of the Bill provides for the liability of the Central Government. It

•seeks to limit the liability of the Central Government in certain circumstances. It

•further empowers the Central Government to establish Nuclear Liabil ity Fund for

•the purpose of meeting its liability.

SECTION Section 249

Untitled Section

•Clause 15 of the Bill imposes an obligation upon the operator to take out,

•before beginning the operation of a nuclear installation, insurance policy or such

•other financial security covering his liability as specified in the Second Schedule

•and to renew the same. However, the nuclear installation owned by the Central

•Government is exempted from this obligation.

SECTION Section 25

Untitled Section

19.Resignation and removal of Chairperson or Member of Board.

SECTION Section 250

Untitled Section

•Clause 16 of the Bill provides that the operator of a nuclear installation shall

•have a right of recourse where such right is expressly provided for in a contract in

•writing or where the nuclear incident has resulted from the act of commission or

•omission of a person done with the intent to cause nuclear damage.

SECTION Section 251

Untitled Section

•Clause 17 of the Bill provides for the constitution of the Atomic Energy

•Regulatory Board. It further provides for composition of the Board and the

•appointment of the Chairperson and its Members on the recommendations of the

•search-cum-selection committees constituted for the purpose. The said clause also

•enables Central Government to notify the financial and administrative powers of the

•Chairperson as may be necessary for the autonomous functioning of the Board.

SECTION Section 252

Untitled Section

•Clause 18 of the Bill provides for the tenure, terms of office and other

•conditions of service of Chairperson and Members of the Board. It further provides

•for certain restrictions on Chairperson or Members of the Board during their

•employment and after cessation of office.

SECTION Section 253

Untitled Section

•Clause 19 of the Bill provides that the Chairperson or Member may relinquish

•his office by giving in writing to the Central Government a notice of not less than

•three months or be removed from the office in accordance with provisions of this

SECTION Section 255

Untitled Section

•Clause 20 of the Bill provides that the Central Government shall, wit hin a

•period of three months from the date of occurrence of any vacancy by reason of

•death, resignation or removal of the Chairperson or a Member make a reference to

•the search-cum-selection committee for filling up the vacancy.

SECTION Section 256

Untitled Section

•Clause 21 of the Bill provi des for conduct of meetings of the Board. It

•provides that the Board shall meet at such times and places, and observe such rules

•of procedure in regard to the transaction of business at its meetings (including

•quorum at such meeting) as may be specified by regulations.

SECTION Section 257

Untitled Section

•Clause 22 of the Bill seeks to provide that the vacancies, etc., shall not

•invalidate the proceedings of the Board.

SECTION Section 258

Untitled Section

•Clause 23 of the Bill enables the Central Government to provide the Board

•with such number of officers and employees of various categories and post, for the

•effective functioning of the Board. It further makes provision for the salaries,

•allowances, incentives, entitlements and other terms and conditions of service of the

•officers and employees of the Board.

•49

SECTION Section 259

Untitled Section

•Clause 24 of the Bill provides for powers and functions of the Board to ensure

•that the use of radiation and nuclear energy is safe for the health of th e radiation

•workers, members of the public and the environment. Its powers and functions,

•inter alia, include framing regulations and programmes for nuclear, radiation and

•occupational health and safety, issuance of regulatory documents, specify criteria

•for notification of nuclear incident, etc.

SECTION Section 26

Untitled Section

20.Filling up vacancies of Board.

SECTION Section 260

Untitled Section

•Clause 25 of the Bill empowers the Central Government to constitute one or

•more regulatory bodies for regulation of facilities and activities which are sensitive

•in nature or have national security implications. The said clause further empowers

•the Government, inter alia, to take all such measures for securing public and

•environmental safety.

SECTION Section 261

Untitled Section

•Clause 26 of the Bill provides for notification of nuclear incident by the

•Central Government within ten days from receipt of recommendations from the

•Board but shall not be required to notify nuclear incident where it is satisfied that

•the gravity of threat and risk involved in such nuclear incident is insignificant.

SECTION Section 262

Untitled Section

•Clause 27 of the Bill empowers the Board to delegate to the Chairperson or

•the Whole-time Member or its offic er or State Government officer not below the

•rank of Director in Government of India, any of its powers and functions except the

•power to frame regulations and issue regulatory documents. It further provides for

•review by the Board of the order or decision taken by the delegated authority on an

•application submitted to the Board in accordance with manner specified by

regulations.

SECTION Section 263

Untitled Section

•Clause 28 of the Bill provides for powers of inspection to the Central

•Government and the Board under certain circumstances.

SECTION Section 264

Untitled Section

•Clause 29 of the Bill empowers the Central Government and the Board to

•carry out an investigation upon a complaint or occurrence of a nuclear or

•radiological event, etc.

SECTION Section 265

Untitled Section

•Clause 30 of the Bill provides for powers of search and seizure to the Central

•Government and the Board. It further provides for availing the assistance of police

•officer or any officer of Central Government while conducting the search and

seizure.

SECTION Section 266

Untitled Section

•Clause 31 of the Bill provides the actions which the Central Government or

•the Board may take in pursuance of the investigation or search and seizure, which

•among others include sealing, seizing of the material or equipment by the Central

•Government, issuing warning, de -recognise or de -certify any personnel, modify,

•suspend, curtail the duration or cancel the licence or safety authorisation or impose

•penalties or lodge complaint.

SECTION Section 267

Untitled Section

•Clause 32 of the Bill empowers the Central Government, inter alia, to frame

•various national policies related to nuclear energy, safety, radioactive waste

•management, sec urity and safeguards, quality assurance and control, etc ., and

•entrusts with it with various functions.

SECTION Section 268

Untitled Section

•Clause 33 of the Bill empowers the Central Government to acquire prescribed

•substance, radioactive substance, material, equipment, plant, facility, mine and

•rights to work on mine or minerals from which prescribed substance can be

obtained.It further provides, inter alia, that upon acquisition of an abandoned plant,

•the Government may take measures, as considered necessary, for development and

•safe opera tion of the plant, the disposal of the prescribed substance, spent fuel

•management, etc.

•50

SECTION Section 269

Untitled Section

•Clause 34 of the Bill vests the Central Government with the right to require

•that any substance, which in its opinion, contains uranium, thorium, plutonium or

•any of their isotopes or any other source material or fissile material shall be

•delivered to it.

SECTION Section 27

Untitled Section

21.Meetings of Board.

SECTION Section 270

Untitled Section

•Clause 35 of the Bill provides for novation of contract and upon such novation,

•the rights and liabilities of any of the parties to such contract shall be transferred to

•the Central Government. It further provides the procedure to be adopted for novation

•of the contracts.

SECTION Section 271

Untitled Section

•Clause 36 of the Bill sets out the principles relating to the payment of

•compensation in those cases where it is payable under the Bill. While determining

•the amount of compensation payable, no consideration shall be made for the value

•of uranium, thorium, plutonium or any of their isotopes, contained in any substance

•or material including the cost of transportation incurred during its delivery.

SECTION Section 272

Untitled Section

•Clause 37 of the Bill empowers the Central Government to fix the tariff for

•supply of electricity from nuclear power pl ants based on norms and mechanism

•notified by it. It further provides that while specifying the norms, due regard shall

•be given to cost of fuel, cost of spent fuel management, decommissioning cost and

•other services or factors as decided by the Central Government.

SECTION Section 273

Untitled Section

•Clause 38 of the Bill opens up the patent regime for inventions related to

•peaceful uses of the nuclear energy and radiation, except for the activities of

•sensitive nature which are exclusively reserved for the Central Government. It

•further provides the procedure for grant of patent in relation to the Bill.

SECTION Section 274

Untitled Section

•Clause 39 of the Bill empowers the Central Government to declare the

•information to be regarded as ‘restricted information’ under the Bill and lays down

•prohibitions in respect of disclosure o f such information. It further debars the

•disclosure of restricted information under the Right to Information Act, 2005.

SECTION Section 275

Untitled Section

•Clause 40 of the Bill empowers the Central Government to declare any

•premises as ‘prohibited area’ where work including research, design or development

•is carried on in respect of the production, treatment, use, application or disposal of

•nuclear energy or of any prescribed substance and lays down the prohibition on

•entry and accessing any photograph, sketch, pictures, drawing, map or oth er

•document from a prohibited area without its permission.

SECTION Section 276

Untitled Section

•Clause 41 of the Bill empowers the Central Government to call upon any

•information from any person regarding any substance, material, plant, facility, mine,

•processes, etc., under his possession or any other information as it may consider

•necessary for the purpose of discharging its functions under this Bill.

SECTION Section 277

Untitled Section

•Clause 42 of the Bill vests in the Central Government, the authority to

•administer the provisions of the Occupational Safety, Health and Worki ng

•Conditions Code, 2020, and to enforce its provisions in relation to factories

•belonging to it or a company fully owned or controlled by it and engaged in carrying

•out the purposes of this Bill. It further enables the Central Government to entrust

•the Board with the authority to administer certain provisions of the said Code with

•respect to occupational health and safety of workers in relation to such factories.

SECTION Section 278

Untitled Section

•Clause 43 of the Bill empowers the Central Government to delegate any of its

•powers, except the power to make rules, to officer or authority subordinate to the

•Central Government or to State Government or officer or authority subordinate to a

•State Government, not below the rank of Director.

•51

SECTION Section 279

Untitled Section

•Clause 44 of the Bill empowers the Central Government to exempt, by

•notification, any plant, facilities, prescribed substance or quantity of prescribed

•substance or prescribed equipment and technology from the requirements of licence

•or liability or any provisio ns of this Bill where it is of the opinion that the risk

•involved is insignificant and the reasons for such exemption shall be specified in the

notification.

SECTION Section 28

Untitled Section

22.Vacancies, etc., not to invalidate proceedings of Board.

•AS INTRODUCED IN LOK SABHA

•Bill No. 196 of 2025

•(ii)

SECTION Section 280

Untitled Section

•Clause 45 of the Bill empowers the Central Government to issue directions to

•any licensee or any other person for ensuring compliance with the provisions of the

•Bill after giving a reasonable opportunity of being heard, and every such licensee or

•person shall be bound to comply with such directions.

SECTION Section 281

Untitled Section

•Clause 46 of the Bill provides that in case of declar ation of national

•emergency, complete powers shall vest with the Central Government to assume

•control over the nuclear and radiation facilities, materials, equipment, etc., and to

•take all measures necessary or expedient in the exercise of such powers.

SECTION Section 282

Untitled Section

•Clause 47 of the Bill provides for establishment of an Atomic Energy

•Redressal Advisory Council. It further provides for the composition of the council,

•provision to invite technical experts and the conduct of the meetings of the Council

•shall be in accordance with the rules made.

SECTION Section 283

Untitled Section

•Clause 48 of the Bill provides that a licensee or holder of safety authoritsation

•or any person aggrieved by an order or decision of the Central Government or the

•Board including fixation of tariff may submit an application for review to the

Council.It further enables the Council, inter alia, to examine the review application

•to facilitate re-conciliation and settlement of disputes.

SECTION Section 284

Untitled Section

•Clause 49 of the Bill provides that the Appellate Tribunal for Electricity

•established under the Electricity Act, 2003 shall be the Appellate Tribunal for the

•purposes of this Bill to hear and dispose appeals in matters under the Bill.

SECTION Section 285

Untitled Section

•Clause 50 of the Bill provides that the Appellate Tribunal for Electricity, in

•addition to its existing composition shall consist of a maximum of two additional

•Technical Members having expertise in matters related to nuclear energy.

SECTION Section 286

Untitled Section

•Clause 51 of the Bill enables the Appellate Tribunal to hear appeals against

•the order of Council or penalty imposed by the adjudicating officer. It further

•provides the procedure for filing of appeal and adjudication by the Appellate

Tribunal.

SECTION Section 287

Untitled Section

•Clause 52 of the Bill provides for filing an appeal before the Supreme Court

•against the order of the Appellate Tribunal.

SECTION Section 288

Untitled Section

•Clause 53 of the Bill provides the territorial jurisdiction for submitting claims

•for nuclear damage.

SECTION Section 289

Untitled Section

•Clause 54 of the Bill confers a right upon a person who suffers nuclear damage

•to claim compensation in accordance with the provisions of the Bill and claims for

•such compensation shall be adjudicated by one or more Claims Commissioners to

•be designated by the Central Government by notification.

SECTION Section 290

Untitled Section

•Clause 55 of the Bill makes provisions for inviting applications for claims by

•the Claims Commissioner. It provides that the Claims Commissioner shall, after the

•notification of a nuclear incident, cause wide publicity to be given for inviting

•applications for claiming compensation for nuclear damage.

SECTION Section 291

Untitled Section

•Clause 56 of the Bill empowers the Central Government to establish a Nuclear

•Damage Claims Commission considering the extent and severity of nuclear damage.

•52

SECTION Section 292

Untitled Section

•Clause 57 of the Bill provides for the composition of the Nuclear Damage

•Claims Commission. It further provides for the qualification for being appointed as

•Chairperson and Members of the Claims Commission.

SECTION Section 293

Untitled Section

•Clause 58 of the Bill makes provisions relating to powers of the Chairperson

•of the Nuclear Damage Claims Commission. It provides that the Chairperson shall

•have the power of superintendence in the general administration of the Commission

•and exercise such powers as may be made by rules.

SECTION Section 294

Untitled Section

•Clause 59 of the Bill makes provisions for the age limit and term of office of

•the Chairperson and Members of the Nuclear Damage Claims Commission. It

•further provides for the salaries and allowances payable to and other terms and

•conditions of service of the Chairperson and other Members of the Nuclear Damage

•Claims Commission

SECTION Section 295

Untitled Section

•Clause 60 of the Bill makes provisions for resignation and removal of the

•Chairperson or Member of the Nuclear Damage Claims Commission.

SECTION Section 296

Untitled Section

•Clause 61 of the Bill makes provisions for filling up of vacancies in the office

•of Chairperson or Members of the Nuclear Damage Claims Commission.

SECTION Section 297

Untitled Section

•Clause 62 of the Bill provides for appointment of officers and other employees

•of the Nuclear Damage Claims Commission. It further provides that the Central

•Government shall provide the Commission with such officers and other employees

•as it may deem fit.

SECTION Section 298

Untitled Section

•Clause 63 of the Bill provides for adjudication of claims for nuclear damage

•by Nuclear Damage Claims Commission. It further empowers the Chairperson of

•the Claims Commission to constitute benches for the purpose of hearing of claims

•and that any decision thereon shall be rendered by a majority of the Members

•hearing such claims.

SECTION Section 299

Untitled Section

•Clause 64 of the Bill specifies the category of persons entitled to make

•application for nuclea r damage and procedure for making applications before the

•Claims Commissioner and the Nuclear Damage Claims Commission.

SECTION Section 30

Untitled Section

23.Officers and employees of Board.

SECTION Section 300

Untitled Section

•Clause 65 of the Bill provides for the procedure to be followed by the Claims

•Commissioner and Nuclear Damage Claims Commission and pow ers to be

•exercised them for adjudicating claims for nuclear damage.

SECTION Section 301

Untitled Section

•Clause 66 of the Bill provides for making of awards by the Claims

•Commissioner and the Nuclear Damage Claims Commission.

SECTION Section 302

Untitled Section

•Clause 67 of the Bill provides for extinction of right to claim. It, inter alia,

•provides that the right to claim compensation for any nuclear damage caused by a

•nuclear incident shall extinguish if such claim is not made within a period of ten

•years for damage related to property and twenty years for personal injury from the

•date of incident.

SECTION Section 303

Untitled Section

•Clause 68 of the Bill provides for enforcement of awards. It provides that

•when an award is made by the Claims Commissioner or by the Nuclear Damage

•Claims Commission, the insurer or the person responsible under the contract of

•insurance or financial security to pay the amount of such award to the extent of his

•liability, shall be required to deposit such amount within such time and in such

•manner as directed by the Claims Commissioner or the Commission and the

•remaining amount by which such award exceeds the amount so deposited shall be

•deposited by the operator, subject to the maximum extent of his liability provided

•in the Second Schedule of the proposed legislation.

•53

SECTION Section 304

Untitled Section

•Clause 69 of the Bill provides for dissolution of Nuclear Damage Claims

•Commission in certain circumstances. It further provides for consequences of such

dissolution.

SECTION Section 305

Untitled Section

•Clause 70 of the Bill empowers the Central Government or the Board to

•designate an officer, not below the rank of Joint Secretary, as an adjudicating officer

•for levying monetary penalties for breach and violation which are of less severe

nature.It further provides that the amount collected through imposition of penalties

•shall be credited to the Consolidated Fund of India.

SECTION Section 306

Untitled Section

•Clause 71 of the Bill provides for imposition of a punishment of imprisonment

•up to five years or fine or with both for grave offences under the Bill, and a lesser

•punishment for less serious offences. It further provides, inter alia, that the act of

•commission or abetment or incitement of unauthorised removal or use of source

•material or fissile material or radioactive material or disclosure of restricted

•information shall be punished with rigorous imprisonment up to ten years or with

•fine or with both, etc.

SECTION Section 307

Untitled Section

•Clause 72 of the Bill provides for offences by companies. It provides that

•where an offence under the Bill has been committed by a company, every person

•directly in charge of, and responsible to, the company for the conduct of its business

•at the time of commission of offence shall be deemed to be guilty of the offence and

•shall be liable to be proceeded against and punished accordingly unless he proves

•that the offence was committed without his knowledge or that he exercised all due

•diligence to prevent the commission of such offence.

SECTION Section 308

Untitled Section

•Clause 73 of the Bill provides for offences by Government Departments. It

•provides that where an offence under the Bill has been committed by any

•Department of the Government, the Head of the Department shall be deemed to be

•guilty of the offence and shall be liable to be proceeded against and punished

•accordingly, in accordance with the provisions of the said clause.

SECTION Section 309

Untitled Section

•Clause 74 of the Bill provides for cognizance of offences. It provides that no

•court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the

•first class shall try any offence under the Bill and that cognizance of such offence

•shall be taken only on a complaint made by the Central Government or any authority

•or officer authorised by it.

SECTION Section 31

Untitled Section

24.Powers and functions of Board.

SECTION Section 310

Untitled Section

•Clause 75 of the Bill provides that upon a complaint lodged under the Bill,

•only a police officer not below the rank of Inspector of Police shall investigate the

offences.

SECTION Section 311

Untitled Section

•Clause 76 of the Bill provides for compounding of certain offences by the court

•and the factors to be considered for deciding whether to compound such offence.

SECTION Section 312

Untitled Section

•Clause 77 of the Bill provides for grants of money to the Board after due

•appropriation made by Parliament. It further requires the Board to prepare budget in

•each financial year for the next financial year showing the estimated receipts and

•expenditure of the Board and to forward the same to the Atomic Energy Commission.

SECTION Section 313

Untitled Section

•Clause 78 of the Bill provides for maintenance of proper accounts and other

•relevant records by Board. It requires the Board to prepare an annual statement of

•accounts in such form as may be made by rules, which shall be audited by

•Comptroller and Auditor -General of In dia at such intervals as specified by it. It

•further provides for the accounts of the Board, as certified by Comptroller and

•Auditor-General of India or any other person appointed by him in this behalf,

•together with the audit report thereon, to be forward ed annually to the Central

•Government and to be laid before each House of Parliament.

•54

SECTION Section 314

Untitled Section

•Clause 79 of the Bill provides for furnishing of returns, statements and such

•other particulars in relation to finance and accounts by Board to the Central

•Government at such time and in such form and the manner as may be made by rules.

•It further provides for f orwarding of the annual report by Board to the Atomic

•Energy Commission.

SECTION Section 315

Untitled Section

•Clause 80 of the Bill provides for preparation of annual report by Claims

Commission.It provides that the Nuclear Damage Claims Commission shall prepare

•in each financial year an ann ual report giving full account of its activities during

•that financial year in the manner provided by rules to be made by the Central

•Government and submit a copy to the Central Government to enable it to lay the

•same before each House of Parliament.

SECTION Section 316

Untitled Section

•Clause 81 of the Bill provides for exclusion of jurisdiction of civil courts. It

•provides that no civil court shall have jurisdiction to entertain any suit or

•proceedings in respect of which the Central Government, the Board, the Nuclear

•Damage Claims Commissio n or the Claims Commissioner is empowered to

•adjudicate under the Bill. It further provides that no injunction shall be granted by

•any court or other authority in respect of any action taken or to be taken in pursuance

•of any power conferred by or under the Bill.

SECTION Section 317

Untitled Section

•Clause 82 of the Bill provides for protection of action taken in good faith. It

•provides that no suit, prosecution or other legal proceedings shall lie against the

•Central Government or the Board or the Council or any person acting on their behalf

•for anything which is in good faith done or intended to be done under the Bill or the

•rules and regulations made thereunder.

SECTION Section 318

Untitled Section

•Clause 83 of the Bill empowers the Central Government to amend by

•notification the First Schedule to specify higher or lower amount of penalty relating

•to any category of breach or violation, and the Second Schedule to increase or

•decrease the amount of liability of the operator, having regard to the extent of risk

•involved in a nuclear installation. It further requires a copy of such notification to

•be laid before each House of Parliament as soon as it is issued.

SECTION Section 319

Untitled Section

•Clause 84 of the Bill empowers the Central Government to make rules for

•carrying out the provisions of the Bill. Sub-clause (2) of the said clause enumerates

•the various matters in respect of which such rules may be made.

SECTION Section 32

Untitled Section

25.Regulation of activities of strategic nature.

SECTION Section 320

Untitled Section

•Clause 85 of the Bill empowers the Board to make regulations for carrying

•out the provisions of the Bill. Sub -clause ( 2) of the said clause enumerates the

•various matters in respect of which such regulations may be made.

SECTION Section 321

Untitled Section

•Clause 86 of the Bill provides for laying of every rule and regulations before

•each House of Parliament.

SECTION Section 322

Untitled Section

•Clause 87 of the Bill provides for an overriding effect to the provisions of the

Bill.It provides that the provisions of the Bill shall have effect notwithstanding the

•provisions contained in any other enactment other than the Bill or any other

•instrument having effect by virtue of any enactment other than the Bill.

SECTION Section 323

Untitled Section

•Clause 88 of the Bill provides for power to remove difficulties. It empowers

•the Central Government to issue an order for removing the difficulty arising in

•giving effect to the provisions of the Bill, within a period of five years from the date

•of commencement of the Bill. It further requires every such order to be laid before

•each House of Parliament immediately.

•55

SECTION Section 324

Untitled Section

•Clause 89 of the Bill provides for amendment to Act No. 39 of 1970 to the

•extent and in the manner specified in the Third Schedule.

SECTION Section 325

Untitled Section

•Clause 90 of the Bill provides that the provisions of the Bill shall be binding

•on the Government.

SECTION Section 326

Untitled Section

•Clause 91 of the Bill provides for the repeal of the Atomic Energy Act, 1962

•and the Civil Liability for Nuclear Damage Act, 2010. It further provides for saving

•of actions taken under the repealed Acts.

•56

•FINANCIAL MEMORANDUM

•The Bill seeks to repeal the Atomic Energy Act, 1962 (33 of 1962) and the

•Civil Liability for Nuclear Damage act, 2010 (38 of 2010) and to enact a new

•comprehensive legislation, namely, the Sustainable Harnessing and Advancement

•of Nuclear Energy for Trans forming India Bill, 2025 primarily to harness the full

•potential of India’s nuclear energy by involving public and private sectors.

SECTION Section 327

Untitled Section

2.Clause 14 of the Bill provides for the liability of the Central Government in

•the event of a nuclear incident. However, as the actual liability in the event of

•nuclear incident would depend on the magnitude of the incident, it is difficult to

•estimate the cost of liability at this stage. The Central Government has established

•a Nuclear Liability Fund for the purpose of meeting its liability under the Bill.

SECTION Section 328

Untitled Section

3.Clause 17 of the Bill provides that the Atomic Energy Regulatory Board

•constituted under the Atomic Energy Act, 1962 shall be deemed to have been

•constituted under the Bill. The expenditure in respect of the said Board and its

•officers and employees shall be met from the yearly Government budgetary support.

SECTION Section 329

Untitled Section

4.Clause 47 of the Bill provides for establishment of the Atomic Energy

•Redressal Advisory Council, with ex officio members. The Council may invite a

•maximum of thre e technical experts who will be paid sitting allowances for the

meetings.

SECTION Section 33

Untitled Section

26.Notification of nuclear incident.

SECTION Section 330

Untitled Section

5.Clause 49 of the Bill provides that the Appellate Tribunal established under

•the Electricity Act, 2003 (36 of 2003) shall serve as the Appellate Tribunal for

•hearing appeals filed under clause 51 of the Bill. Clause 50 of the Bill empowers the

•Central Government to notify a maximum of two experts in nuclear energy as

•Technical Members of the Appellate Tribunal. The salaries and allowances payable

•to the Technical Members shall be same as other members of the Appellate Tribunal.

•The said expenditure shall be met from the yearly Government budgetary support

SECTION Section 331

Untitled Section

6.Clause 54 of the Bill provides for designating Claims Commissioners for

•adjudication of claims for nuclear damage. Further, d epending on severity and

•extent of nuclear damage, the Central Government may establish Nuclear Damage

•Claims Commission under clause 56 of the Bill. The expenditure, both recurring

•and non-recurring, towards the establishment of Claims Commissioner and Nuclear

•Damage Claims Commission is not quantifiable at this stage, as it can be determined

•only after their appointment in case of any nuclear incident.

SECTION Section 332

Untitled Section

7.In view of the above, there may not be any immediate significant increase

•in the financial implication on the yearly budget of the Central Government on the

•enactment of the Bill.

•57

•MEMORANDUM REGARDING DELEGATED LEGISLATION

SECTION Section 333

Untitled Section

•Clause 42 of the Bill empowers the Central Government to make rules for the

•administration of the provisions of the Occupational Safety, Health and Working

•Conditions Code, 2020, in relation to any factory belonging to it or a company fully

•owned or controlled by it and engaged in carrying out the purposes of this Bill.

SECTION Section 334

Untitled Section

2.Sub-clause (1) of clause 84 of the Bill empowers the Central Government

•to make rules for carrying out the purposes of the proposed legislation.

•Sub-clause (2) of the said clause specifies the matters in respect of which such rules

•may be made, which inter alia , provides for ( a) the measures for security of

•radioactive substance to be taken under sub -section (4) of section 4; ( b) the form

•and manner of application for licence and the documents, information and fee, under

•sub-section (1) of section 6; (c) the manner and terms and conditions for the grant

•of licence under sub-section (1) of section 7; (d) the manner of taking control of the

•facility or mine and for compliance with other obligations under sub-section (4) of

SECTION Section 335

Untitled Section

•section 8; ( e) the terms and conditions of safety, security and safeguards under

•sub-section (2), and the manner of maintaining sufficient financial security under

SECTION Section 336

Untitled Section

•clause (e) of sub-section (3), of section 10; ( f) the manner of establishing Nuclear

•Liability Fund under sub-section (2) of section 14; ( g) the manner of obtaining an

•insurance policy or such other financial security under sub-section (1) of section 15;

(h)the qualifications and experience of Chairperson and Members of Board under

•sub-section ( 3) of section 17; ( i) the procedure to be followed by the

•search-cum-selection committee for recommending names of Chairperson and

•Members of Board under sub-section (5) of section 17; (j) the salaries, allowances,

•incentives, entitlements and other conditions of service of officers and employees

•of Board under sub -section (2) of section 23; ( k) the other powers to be exercised

•and functions to be performed by Board under clause (r) of sub-section (3) of section 24;

(l)the manner of carrying out inspection and verification under sub -section (2) of

SECTION Section 337

Untitled Section

•section 28; ( m) the manner of conducting invest igation under sub -section (2) of

SECTION Section 338

Untitled Section

•section 29; (n) the manner of carrying out search and seizure under sub-section (2)

•of section 30; ( o) the manner in which acquisition shall be carried out under

•sub-section (3) of section 33; ( p) the terms and conditions for inviting technical

•experts to the meetings of the Council under sub -section (3) of section 47; ( q) the

•times, places, rules of procedure and quorum for meetings of Council under

•sub-section ( 4) of s ection 47; ( r) the manner and composition of

•search-cum-selection committee for appointment of Technical Member (Atomic

•Energy) under sub-section (2) of section 50; ( s) the form and manner of filing an

•appeal before the Appellate Tribunal under sub-section (1) of section 51; (t) the other

•powers to be exercised by Chairperson of Claims Commission under section 58; (u) the

•salary and allowances and other terms and conditions of service of the Chairperson and

•Members of Claims Commission under sub-section (2) of section 59; (v) the salary and

•allowances payable to and the terms and other conditions of service of officers and

•other employees of Claims Commission under sub-section (2) of section 62; (w) the

•form and manner of application for compensation before Claims Commissioner or

•Claims Commission under sub-section (2) of section 64; ( x) the procedure to be

•followed for adjudication of claims for nuclear damage under sub -section (1) of

SECTION Section 339

Untitled Section

•section 65; (y) the terms and conditions for engaging experts for holding inquiry and

•payment of remuneration, fee or allowances to them under sub -section ( 2) of

SECTION Section 34

Untitled Section

27.Delegation and review by Board.

SECTION Section 340

Untitled Section

•section 65; (z) any other matter under clause (f) of sub-section (3) of section 65; (za)

•the form and time of preparing budget under sub-section (2) of section 77; (zb) the

•form of preparation of annual statement of accounts under sub -section ( 1) of

SECTION Section 341

Untitled Section

•section 78; ( zc) the time, form and manner of furnishing returns, statements and

•58

•particulars under sub-section (1) of section 79; (zd) the form and time of preparing

•annual report by Claims Commission under section 80; and ( ze) any other matter

•which is to be, or may be, prescribed, or in respect of which provision is to be made,

•by rules.

SECTION Section 342

Untitled Section

3.Sub-clause ( 1) of clause 85 of the Bill empowers the Atomic Energy

•Regulatory Board to make regulations for carrying out the purposes of the proposed

legislation.Sub-clause (2) of the said clause specifies the matters in respect of which

•such regulations may be made, which inter alia, provides for ( a) the facilities or

•activities requiring safety authorisation under sub -section ( 3) of section 3;

(b)radiological emergency under sub -section (3) of section 4; ( c) the form and

•manner of application for safety authorisation, and documents, information and fee

•under sub-section (2) of section 6; ( d) the manner and terms and conditions for

•granting a safety authorisation under sub -section ( 2) of section 7; ( e) the time,

•places, rules of procedure and quorum of meetings of Board under section 21;

(f)the grant of safety authorisation during various stages of lifetime of nuclear and

•radiation facilities and associated activities under clause ( e) of sub -section (3) of

SECTION Section 343

Untitled Section

•section 24; ( g) the manner of review of order or decision of Chairperson or

•Whole-time Member or officer under sub-section (2) of section 27; and (h) any other

•matter which is to be, or may be, specified, or in respect of which provision is to be

•made, by regulations.

SECTION Section 344

Untitled Section

4.The matters in respect of which the rules and regulations may be made are

•matters of procedure and administrative detail and it is not practicable to provide for

•them in the Bill itself. The delegation of legislative power is, therefore, of a normal

character.

•Inventions

•relating to

•atomic energy

•not patentable.

•Revocation of

•patent or

•amendment of

•complete

•specification on

•directions from

•Government in

•cases relating to

•atomic energy.

•ANNEXURE

•EXTRACTS FROM THE PATENTS ACT, 1970

•(39 OF 1970)

•* * * * *

SECTION Section 345

Untitled Section

4.No patent shall be granted in respect of an invention relating to atomic

•energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962.

•* * * * *

SECTION Section 346

Untitled Section

65.(1) Where at any time after grant of a patent, the Central Government is

•satisfied that a patent is for an invention relating to atomic energy for which no

•patent can be granted under sub -section ( 1) of section 20 of the Atomic Energy

•Act, 1962, it may direct the Controller to revoke the pa tent, and thereupon the

•Controller, after giving notice, to the patentee and every other person whose name

•has been entered in the register as having an interest in the patent, and after giving

•them an opportunity of being heard, may revoke the patent.

•* * * * *

•33 of 1962.

•59

•LOK SABHA

•————

•A

•BILL

•to provide for the promotion and development of nuclear energy and ionising

•radiation for nuclear power generation, application in healthcare, food, water,

•agriculture, industry, research, environment, innovation in nuclear science and

•technology, for the welfare of the people of India, and for robust regulatory

•framework for its safe and secure utilisation and for matters connected therewith

•or incidental thereto.

•————

•(Dr. Jitendra Singh, MoS (I/C) of Science and Technology; MoS (I/C) of

•Earth Sciences; MoS in the Prime Minister’s Office; MoS in the Ministry of

•Personnel, Public Grievances and Pensions; MoS in the Department of

•Atomic Energy; and MoS in the Department of Space)

•LOK SABHA

•------

•CORRIGENDA

•to

•THE SUSTAINABLE HARNESSING AND ADVANCEMENT OF NUCLEAR ENERGY FOR

•TRANSFORMING INDIA BILL, 2025

•[To be / As introduced in Lok Sabha]

SECTION Section 347

Untitled Section

1.Page (i), In Arrangement of Clauses,

•against Clause 10,-

•for "authorization"

•read "authorisation"

SECTION Section 348

Untitled Section

2.Page 7, line 16,-

•insert after ‘activities’ "for the production, use and disposal of nuclear

•energy"

SECTION Section 349

Untitled Section

3.Page 19, line 37,-

•for "make"

•read "frame"

SECTION Section 35

Untitled Section

•CHAPTER V

•INSPECTION, INVESTIGATION, SEARCH AND SEIZURE

SECTION Section 350

Untitled Section

4.Page 19, line 38,-

•for "framing"

•read "issue"

SECTION Section 351

Untitled Section

5.Page 19, line 40,-

•for "reffered to in"

•read "to whom powers have been delegated under"

P.T.O.

•-2-

SECTION Section 352

Untitled Section

6.Page 23, line 6, omit “nuclear power”

SECTION Section 353

Untitled Section

7.Page 33, line 3,-

•for "Act any"

•read " Act or any"

SECTION Section 354

Untitled Section

8.Page 37, against line 15, insert marginal heading “46 of 2023”-

SECTION Section 355

Untitled Section

9.Page 37, line 44, omit “as may be”

SECTION Section 356

Untitled Section

10.Page 38, line 27,-

•for "Board"

•read "the Board"

SECTION Section 357

Untitled Section

11.Page 38, line 44,-

•for "by notificartion"

•read "and by notificartion"

SECTION Section 358

Untitled Section

12.Page 41, lines 7 and 8,-

•for "any other instrument having such effect"

•read " any instrument having effect"

SECTION Section 359

Untitled Section

13.Page 41, line 32,-

•for "rule"

•read "rules"

•NEW DELHI;

•December 14, 2025_________

•Agrahayana 23, 1947 (Saka)

SECTION Section 36

Untitled Section

28.Entry and inspection.

SECTION Section 37

Untitled Section

29.Conduct of investigation.

SECTION Section 38

Untitled Section

30.Search and seizure.

SECTION Section 39

Untitled Section

31.Action taken pursuant to investigation, search or seizure.

SECTION Section 4

Untitled Section

1.Short title and commencement.

SECTION Section 40

Untitled Section

•CHAPTER VI

•GENERAL POWERS AND FUNCTIONS OF CENTRAL GOVERNMENT

SECTION Section 41

Untitled Section

32.General powers and functions of Central Government.

SECTION Section 42

Untitled Section

33.Vesting of acquisition rights in certain cases.

SECTION Section 43

Untitled Section

34.Requisitioning of certain substances.

SECTION Section 44

Untitled Section

35.Novation of contracts.

SECTION Section 45

Untitled Section

36.Determination of compensation for acquisition, requisition, prohibition, etc.

SECTION Section 46

Untitled Section

37.Special provision as to electricity.

SECTION Section 47

Untitled Section

38.Special provisions as to inventions.

SECTION Section 48

Untitled Section

39.Restricted information.

SECTION Section 49

Untitled Section

40.Prohibited areas.

SECTION Section 5

Untitled Section

2.Definitions.

SECTION Section 50

Untitled Section

41.Power to obtain information regarding materials, facilities or processes.

SECTION Section 51

Untitled Section

42.Administration of Occupational Safety, Health and Working

•Conditions Code, 2020.

SECTION Section 52

Untitled Section

43.Delegation of powers.

SECTION Section 53

Untitled Section

44.Power of exemption.

SECTION Section 54

Untitled Section

45.Power to issue directions.

SECTION Section 55

Untitled Section

46.Emergency powers.

SECTION Section 56

Untitled Section

•CHAPTER VII

•REVIEW APPLICATIONS AND APPEALS

SECTION Section 57

Untitled Section

47.Establishment of Atomic Energy Redressal Advisory Council.

SECTION Section 58

Untitled Section

48.Redressal of disputes by Council.

SECTION Section 59

Untitled Section

49.Appellate Tribunal.

SECTION Section 6

Untitled Section

•CHAPTER II

•GRANT OF LICENCE AND SAFETY AUTHORISATION

SECTION Section 60

Untitled Section

50.Technical Members of Appellate Tribunal.

SECTION Section 61

Untitled Section

51.Appeals.

SECTION Section 62

Untitled Section

52.Appeals to Supreme Court.

•(iii)

SECTION Section 63

Untitled Section

•CHAPTER VIII

•COMPENSATION FOR NUCLEAR DAMAGE

SECTION Section 65

Untitled Section

53.Territorial jurisdiction for claims for nuclear damage.

SECTION Section 66

Untitled Section

54.Claims Commissioner.

SECTION Section 67

Untitled Section

55.Inviting application for claims.

SECTION Section 68

Untitled Section

56.Establishment of Nuclear Damage Claims Commission.

SECTION Section 69

Untitled Section

57.Composition of Claims Commission.

SECTION Section 7

Untitled Section

3.Licence and safety authorisation for production or use of nuclear

energy.

SECTION Section 70

Untitled Section

58.Powers of Chairperson of Claims Commission.

SECTION Section 71

Untitled Section

59.Terms and conditions of service of Chairperson and Members of

•Claims Commission .

SECTION Section 72

Untitled Section

60.Resignation and removal of Chairperson or Member of Claims

Commission.

SECTION Section 73

Untitled Section

61.Filling up vacancies of Claims Commission.

SECTION Section 74

Untitled Section

62.Officers and other employees of Claims Commission.

SECTION Section 75

Untitled Section

63.Application for compensation and transfer of pending cases to Claims

Commission.

SECTION Section 76

Untitled Section

64.Application for compensation in respect of nuclear damage.

SECTION Section 77

Untitled Section

65.Adjudication procedure for claims.

SECTION Section 78

Untitled Section

66.Award of compensation.

SECTION Section 79

Untitled Section

67.Extinction of right to claim.

SECTION Section 8

Untitled Section

4.Regulation of radioactive substance and radiation generating

equipment.

SECTION Section 80

Untitled Section

68.Enforcement of awards.

SECTION Section 81

Untitled Section

69.Dissolution of Claims Commission in certain circumstances.

SECTION Section 82

Untitled Section

•CHAPTER IX

•OFFENCES AND PENALTIES

SECTION Section 83

Untitled Section

70.Penalties.

SECTION Section 84

Untitled Section

71.Punishment for offences.

SECTION Section 85

Untitled Section

72.Offences by companies.

SECTION Section 86

Untitled Section

73.Offences by Government Departments.

SECTION Section 87

Untitled Section

74.Cognizance of offences.

SECTION Section 88

Untitled Section

75.Power to investigate offences.

SECTION Section 89

Untitled Section

76.Power to compound offences.

SECTION Section 9

Untitled Section

5.Mining and processing of certain source material.

SECTION Section 90

Untitled Section

•CHAPTER X

•MISCELLANEOUS

SECTION Section 91

Untitled Section

77.Grants by Central Government to Board.

SECTION Section 92

Untitled Section

78.Accounts and audit of Board.

SECTION Section 93

Untitled Section

79.Furnishing of returns and reports by Board.

SECTION Section 94

Untitled Section

80.Furnishing of annual report by Claims Commission.

SECTION Section 95

Untitled Section

81.Bar on jurisdiction of civil court.

SECTION Section 96

Untitled Section

82.Protection of action taken in good faith.

SECTION Section 97

Untitled Section

83.Power to amend First and Second Schedules.

SECTION Section 98

Untitled Section

84.Power to make rules.

•(iv)