PROFESSIONAL’S™

2022

BARE ACT

With Short Comments

PROFESSIONAL BOOK PUBLISHERS

The Atomic Energy Act, 1962 (33 of 1962) as amended by

The Atomic Energy (Amendment) Act, 2015 (5 of 2016) alongwith H The Atomic Energy (Arbitration Procedure) Rules, 1983 H The Atomic Energy (Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984 H The Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987 H The Atomic Energy (Radiation Protection) Rules, 2004 H The Atomic Energy (Radiation Processing of Food and Allied Products) Rules, 2012 & H The Civil Liability for Nuclear Damage Act, 2010 H The Civil Liability for Nuclear Damage Rules, 2011 H The Nuclear Liability Fund Rules, 2015 with

Short Comments

PROFESSIONAL BOOK PUBLISHERS DELHI

WITH THE BLESSINGS OF “MATA VAISHNO DEVI” Published by PROFESSIONAL BOOK PUBLISHERS 3520/2, Chotani Manzil, Nicholson Road, Mori Gate, Delhi - 110 006 Phone: 011-40195701, 09313881451, 09868914519 E-Mail: [email protected], [email protected] Website: http://www.bareactsonline.com, www.professionalbooks.in

© Reserved Typesetting at Professional Book Publishers (Computer Division), Delhi Printed at Shree Rameshwar Printers, New Delhi Although every care has been taken in the publication of this book, the authors, the publishers, the distributors and the printers shall not be responsible for any loss or damage caused to any person on account of errors or omissions which might have crept in. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with the original Government publication or notification, etc. No part of this book may be reproduced or copied in any form or any manner whatsoever without the prior written permission of the publishers. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within thirty days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.

THE ATOMIC ENERGY (AMENDMENT) ACT, 2015* (5 OF 2016) [31st December, 2015] An Act further to amend the Atomic Energy Act, 1962. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— Statement of Objects and Reasons.—The Atomic Energy Act, 1962 empowers the Central Government to produce, develop, use and dispose of atomic energy either by itself or through any authority or corporation established by it or by a Government company and carry out research in any matters connected therewith. 2. At present, only two Public Sector Undertakings (PSUs), namely, Nuclear Power Corporation of India Limited (NPCIL) and Bhartiya Nabhikiya Vidyut Nigam Limited (BHAVINI), which are under the administrative control of the Department of Atomic Energy, are operating nuclear power plants in the country. Formation of Joint Venture companies by NPCIL with other PSUs of India for civil nuclear power projects is under consideration to meet the additional funding requirements for expanding nuclear power programme and augmenting the nuclear power generation capacity of India. 3. The expression “Government company” has been defined in the Act to mean a company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government. The Act thus precludes a Government company from entering into Joint Ventures with other PSUs for the above said purposes for the reason that any Joint Venture company formed by two PSUs may not be subject to the control of the Central Government as a shareholder. 4. The Atomic Energy (Amendment) Bill, 2015 seeks to overcome this difficulty by amending the definition of “Government company” under clause (bb) of sub-section (1) of section 2 of the said Act with a view to expand its scope by including such Joint Venture companies as may be formed between NPCIL and other PSUs. This Bill also proposes to make a consequential amendment in section 14 of the said Act to enable the Central Government to issue licence to such Joint Venture companies to set up nuclear power plants, take measures for their safe operation and to ensure disposal of nuclear material. It further provides for cancellation of licence in case the licensee ceases to be a Government company. 5. The Bill seeks to achieve the above objects.

1. Short title and commencement.—(1) This Act may be called THE ATOMIC ENERGY (AMENDMENT) ACT, 2015. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2.—In section 2 of the Atomic Energy Act, 1962 (hereinafter referred to as the principal Act), in sub-section (1), for clause (bb), the following clause shall be substituted, namely:— ‘(bb) “Government company” means a company in which— (i) not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; or (ii) the whole of the paid-up share capital is held by one or more of the companies specified in sub-clause (i) and which, by its articles of association, *Received the assent of the President on 31-12-2015, published in the Gazette of India, Ext., Pt. II, S. 1, dated 1-1-2016.

(A-ii)

ATOMIC ENERGY (AMENDMENT) ACT, 2015

[S. 3

empowers the Central Government to constitute and reconstitute its Board of Directors;’. 3. Amendment of section 14.—In the principal Act, in section 14, after sub-section (1), the following sub-sections shall be inserted, namely:— “(1-A) No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be granted to a person other than a Department of the Central Government or any authority or an institution or a corporation established by the Central Government, or a Government company. (1-B) Any licence granted to a Government company under sub-section (1) shall stand cancelled in case the licensee ceases to be a Government company and, notwithstanding anything contained in any other law for the time being in force, all assets thereof shall vest in the Central Government free from any liability and the Central Government shall take such measures for safe operation of the plant and disposal of nuclear material so vested in it, as may be necessary in accordance with the provisions of section 3.”. —————

CONTENTS

THE ATOMIC ENERGY ACT, 1962 Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 11-A. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

Short title, extent and commencement Definitions and interpretation General powers of the Central Government Notification of discovery of uranium or thorium Control over mining or concentration of substances containing uranium Disposal of uranium Power to obtain information regarding materials, plant or processes Power of entry and inspection Power to do work for discovering minerals Compulsory acquisition of right to work minerals Compulsory acquisition of prescribed substances, minerals and plants Removal of doubts Compensation in case of compulsory acquisition of a mine Novation of certain contracts Control over production and use of atomic energy Requisitioning of any substance for extracting uranium or plutonium Control over radioactive substances Special provisions as to safety Restriction on disclosure of information Prevention of entry into prohibited areas Special provisions as to inventions Principles relating to payment of compensation Special provisions as to electricity Administration of Factories Act, 1948 Offences and penalties Offences by companies Cognizance of offences Delegation of powers Effect of other laws Protection of action taken in good faith Power to make rules Act binding on Government Repeal of Act 29 of 1948 —————

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THE ATOMIC ENERGY (ARBITRATION PROCEDURE) RULES, 1983 Rule 1. 2. 3. 4. 5. 6. 7. 8.

Short title, extent and commencement Definitions Procedure in arbitration for determining compensation Powers of the Arbitrator Time Limit for Arbitration Power to appoint new Arbitrator Cost of Arbitration and Award Appeal —————

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19 19 19 20 20 20 20 20

CONTENTS

(iv)

THE ATOMIC ENERGY (WORKING OF THE MINES, MINERALS AND HANDLING OF PRESCRIBED SUBSTANCES) RULES, 1984 Rule 1. Short title, extent and commencement 2. Definitions 3. Licence for mining, milling, processing and/or handling of prescribed substances 4. Conditions precedent to the issue of a licence 5. Inspection of site 6. Qualification of the staff 7. Duties and responsibilities of the licensee 8. Duties and responsibilities of the Radiological Safety Officer 9. Duties and responsibilities of the Safety Officer 10. Compensation 11. Restriction on disclosure of information 12. Suspension/Cancellation 13. Appeals FORMS —————

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THE ATOMIC ENERGY (SAFE DISPOSAL OF RADIOACTIVE WASTES) RULES, 1987 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

Short title, extent and commencement Definitions Restrictions on the disposal of radioactive waste Application for authorisation Issuance of authorisation Duties of the authorised person Maintenance of Records of Waste Disposal Installation for Disposal of Radioactive Waste to be considered as Radiation Installation Prevention of Entry into Restricted Areas Power to inspect installations Closure and Institutional Control Radiological Safety Officer Duties and Functions of the Radiological Safety Officer Accidental release of radioactive waste Special provisions for installations such as Hospitals and Tracer Research Laboratories Prior approval of modifications Power to suspend or cancel an authorisation Power of the competent authority in the case of cancellation of authorisation Authorisation for existing installations Powers to ask for records Appeal FORM I FORM II FORM III FORM IV FORM V SCHEDULE —————

CONTENTS

(v)

THE ATOMIC ENERGY (RADIATION PROTECTION) RULES, 2004 Rule

Page

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.

Short title, extent and commencement Definitions Licence Fees for licence Exemption Exclusion Conditions precedent to the issuance of a licence Issuance of licence Period of validity of licence Suspension, modification or withdrawal of a licence Modification of radiation installation or change in working condition Restrictions on use of sources Restriction on certain practices Radiation symbol or warning sign Dose limits and other regulatory constraints Safety Standards and Safety Codes Prohibition of employment of persons below certain age Classified worker Radiological safety officer Responsibilities of the employer Responsibilities of the licensee Responsibilities of the Radiological Safety Officer Responsibilities of worker Records of workers Health surveillance of workers Medical exposures Radiation surveillance requirements Directives in the cases of exposures in excess of regulatory constraints Power to appoint or recognize persons or agencies Inspection of premises, radiation installations and conveyances Power to investigate, seal or seize radiation installation or radioactive material and to give direction to the employer Directives in case of accidents Emergency preparedness Decommissioning of radiation installation Offences and penalties

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THE ATOMIC ENERGY (RADIATION PROCESSING OF FOOD AND ALLIED PRODUCTS) RULES, 2012 1. 2. 3. 4. 5. 6.

Short title, extent and commencement Definitions Condition for operating a facility Application for licence Licence Terms and conditions of licence

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69 69 69 69 70 70

(vi)

CONTENTS

Rule

Page 7. Inspection 8. Cancellation of licence FORM I—APPLICATION FORM FOR LICENCE/RENEWAL OF LICENCE FORM II—PRODUCT PROCESSING RECORD SCHEDULE I—CLASSES OF FOOD PRODUCTS AND DOSE LIMITS FOR RADIATION PROCESSING SCHEDULE II—DOSE LIMITS FOR RADIATION PROCESSING OF ALLIED PRODUCTS SCHEDULE III—PACKAGING MATERIAL FOR RADIATION PROCESSING OF FOOD AND ALLIED PRODUCTS SCHEDULE IV—DOSIMETRY FOR FOOD AND ALLIED PRODUCTS —————

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THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010 Section

1. 2.

3. 4. 5. 6. 7. 8.

9. 10. 11. 12.

13. 14. 15. 16. 17. 18.

19. 20.

CHAPTER I PRELIMINARY Short title, extent, application and commencement Definitions CHAPTER II LIABILITY FOR NUCLEAR DAMAGE Atomic Energy Regulatory Board to notify nuclear incident Liability of operator Operator not liable in certain circumstances Limits of liability Liability of Central Government Operator to maintain insurance or financial securities CHAPTER III CLAIMS COMMISSIONER Compensation for nuclear damage and its adjudication Qualifications for appointment as Claims Commissioner Salary, allowances and other terms and conditions of service of Claims Commissioner Adjudication procedure and powers of Claims Commissioner CHAPTER IV CLAIMS AND AWARDS Inviting application for claims by Claims Commissioner Person entitled to make application for nuclear damage Procedure for making application before Claims Commissioner Award by Claims Commissioner Operator’s right of recourse Extinction of right to claim CHAPTER V NUCLEAR DAMAGE CLAIMS COMMISSION Establishment of Nuclear Damage Claims Commission Composition of Commission

(vii)

CONTENTS Section 21. Term of office 22. Salary, allowances and other terms and conditions of service of Chairperson and Members 23. Filling up of vacancies 24. Resignation and removal 25. Chairperson or Member deemed to retire from service 26. Suspension of pension 27. Prohibition of acting as arbitrator 28. Prohibition of practice 29. Powers of Chairperson 30. Officers and other employees of Commission 31. Application for compensation before Commission 32. Adjudication procedure and powers of Commission 33. Transfer of pending cases to Commission 34. Proceedings before Claims Commissioner or Commission to be judicial proceedings 35. Exclusion of jurisdiction of civil Courts 36. Enforcement of awards 37. Annual report 38. Dissolution of Commission in certain circumstances CHAPTER VI OFFENCES AND PENALTIES 39. Offences and penalties 40. Offences by companies 41. Offences by Government Departments 42. Cognizance of offences CHAPTER VII MISCELLANEOUS 43. Power to give directions 44. Power to call for information 45. Exemption from application of this Act 46. Act to be in addition to any other law 47. Protection of action taken in good faith 48. Power to make rules 49. Power to remove difficulties —————

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THE CIVIL LIABILITY FOR NUCLEAR DAMAGE RULES, 2011 Rule

1. 2.

3.

4. 5.

CHAPTER I PRELIMINARY Short title and commencement Definitions CHAPTER II INSURANCE AND FINANCIAL SECURITY Insurance policy and financial security CHAPTER III REPORT OF NUCLEAR INCIDENT Report of nuclear incident Report of licensing authority

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CONTENTS

(viii) Rule 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

24.

25. 26. 27. 28. 29. 30.

CHAPTER IV ADJUDICATION OF CLAIMS Application for compensation Notice to opposite parties Supply of copies of documents Examination of applicant Appearance and examination of the parties Summary procedure by claims adjudication authority Power to direct for medical examination Framing of issues Determination of issues Expenses for attendance of witnesses Method of recording evidence Obtaining of supplementary information and documents Award of compensation Securing interest of claimants Persons associated with adjudication of claims Appearance of legal practitioner Adjournment of hearing Receipt of compensation CHAPTER V RIGHT OF RECOURSE Right of recourse CHAPTER VI MISCELLANEOUS Registers Custody and preservation of records Staff Conditions of service and salary and allowances of officers and other employees of claims adjudication authority Repatriation or transfer of officers and other employees on dissolution of Commission Annual report FORM A FORM B FORM C FORM D FORM E —————

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THE NUCLEAR LIABILITY FUND RULES, 2015 1. 2. 3. 4. 5.

Short title and commencement Definitions Establishment of Nuclear Liability Fund by Central Government Operation of Fund Payment of interest —————

List of Amending Acts 1. Repealing and Amending Act, 1974 (56 of 1974) 2. Delegated Legislation Provision (Amendment) Act, 1985 (4 of 1986) 3. Atomic Energy (Amendment) Act, 1986 (59 of 1986) 4. Atomic Energy (Amendment) Act, 1987 (29 of 1987) 5. Atomic Energy (Amendment) Act, 2015 (5 of 2016) —————

THE ATOMIC ENERGY ACT, 1962 (33 OF 1962) [15th September, 1962] An Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes and for matters connected therewith. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— Statement of Objects and Reasons.—At present control over the development of atomic energy and matters connected therewith is exercised under the Atomic Energy Act, 1948 (29 of 1948). Having regard to the developments in the field of atomic energy since the enactment of that legislation and with a view to the implementation of the future programme of expansion in the field, it has become necessary to revise that Act extensively. It is accordingly proposed to repeal the existing Act and to replace it by a comprehensive measure. The Notes on Clauses explain the important provision of the Bill. Amendment Act 59 of 1986—Statement of Objects and Reasons.—Clause 2 of the Bill seeks to amend section 6 of the Atomic Energy Act, 1962 retrospectively so as to provide that payment of compensation for compulsory acquisition of minerals, concentrates and other materials under that section should, instead of being a condition precedent to their acquisition, be a condition to be given effect to after such minerals, concentrates or other materials become the property of the Central Government, so as to repel any doubt that compulsory acquisition of such minerals, concentrates and other materials under that section will amount to sale. A new section 11-A is also proposed to be inserted retrospectively so as to make it clear beyond doubt that the compulsory acquisition under sections 6 and 11 shall not be deemed to be a sale for any purpose whatsoever. Amendment Act 29 of 1987—Statement of Objects and Reasons.—The Atomic Energy Act, 1962 inter alia empowers the Central Government to produce and supply electricity from atomic energy. It is felt that in order to achieve the envisaged target of nuclear power generation of 10,000 MW of installed generating capacity by the year 2000 AD, a nuclear power corporation or a Government company should be set up which would design, construct and operate nuclear power stations. This corporation or company would also be in a position to raise resources other than what is actually available from Government for this programme and also provide greater operational flexibility. To enable the Government to entrust its power to own, establish and operate nuclear power stations to a Corporation or Government Company and to enable such Corporation or Government Company to perform such other functions incidental to such powers, it is necessary to amend the Atomic Energy Act.

1. Short title, extent and commencement.—(1) This Act may be called THE ATOMIC ENERGY ACT, 1962. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,— (a) “atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes; (b) “fissile material” means uranium-233, uranium-235, plutonium or any material containing these substances or any other material that may be declared as such by notification by the Central Government; 1. Brought into force on 21-9-1962 vide G.S.R. 1254, dated 18-9-1962. The Act has been extended to Sikkim, see S.O. 6(E), Gazette of India, dated 6-1-1987 and brought into force on 1-4-1987, see S.O. 1028, Gazette of India, dated 18-4-1987.

2

ATOMIC ENERGY ACT, 1962

[S. 3

1

[(bb) “Government company” means a company in which— (i) not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; or (ii) the whole of the paid-up share capital is held by one or more of the companies specified in sub-clause (i) and which, by its articles of association, empowers the Central Government to constitute and reconstitute its Board of Directors;] (c) “minerals” include all substances obtained or obtainable from the soil (including alluvium or rocks) by underground or surface working; (d) “notification” means notification published in the Official Gazette; (e) “plant” includes machinery, equipment or appliance whether affixed to land or not; (f) “prescribed equipment” means any property which the Central Government may, by notification, prescribe, being a property which in its opinion is specially designed or adapted or which is used or intended to be used for the production or utilisation of any prescribed substance, or for the production or utilisation of atomic energy, radioactive substances, or radiation, but does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid; (g) “prescribed substance” means any substance including any mineral which the Central Government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances; (h) “radiation” means gamma rays, X-rays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and subatomic particles, but not sound or radiowaves, or visible, infra-red or ultraviolet light; (i) “radioactive substance” or “radioactive material” means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government. (2) Any reference in this Act to the working of minerals shall be construed as including a reference to the mining, getting, carrying away, transporting, sorting, extracting or otherwise treating of minerals. (3) Any reference in this Act to the production or use of atomic energy shall be construed as including a reference to the carrying out of any process, preparatory or ancillary to such production or use. 3. General powers of the Central Government.—Subject to the provisions of this Act, the Central Government shall have power— (a) to produce, develop, use and dispose of atomic energy 2[either by itself or through any authority or corporation established by it or a Government company] and carry out research into any matters connected therewith; 1. Substituted by Act 5 of 2016, S. 2, for Cl. (bb). Prior to its substitution, Cl. (bb) read as under:—“(bb) “Government company” means a company in which not less than fiftyone per cent of the paid up share capital is held by the Central Government;”. 2. Inserted by Act 29 of 1987, S. 3 (w.e.f. 8-9-1987).

ATOMIC ENERGY ACT, 1962

S. 3] 1

3

[(b) to manufacture or otherwise produce any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy or such research as aforesaid and to dispose of such prescribed or radioactive substance or any articles manufactured or otherwise produced; (bb)(i) to buy or otherwise acquire, store and transport any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy; and (ii) to dispose of such prescribed or radioactive substance or any articles bought or otherwise acquired by it, either by itself or through any authority or corporation established by it, or a Government company;] (c) to declare as “restricted information” any information not so far published or otherwise made public relating to— (i) the location, quality and quantity of prescribed substances and transactions for their acquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise; (ii) the processing of prescribed substances and the extraction or production of fissile materials from them; (iii) the theory, design, construction and operation of plants for the treatment and production of any of the prescribed substances and for the separation of isotopes; (iv) the theory, design, construction and operation of nuclear reactors; (v) research and technological work on materials and processes involved in or derived from items (i) to (iv); (d) to declare as “prohibited area” any area or premises where work including research, design or development is carried on in respect of the production, treatment, use, application or disposal of atomic energy or of any prescribed substance; (e) to provide for control over radioactive substances or radiation generating plant in order to— (i) prevent radiation hazards; (ii) secure public safety and safety of persons handling radioactive substances or radiation generating plant; and (iii) ensure safe disposal of radioactive wastes; (f) to provide for the production and supply of electricity from atomic energy and for taking measures conducive to such production and supply and for all matters incidental thereto 2[either by itself or through any authority or corporation established by it or a Government company]; and (g) to do all such things (including the erection of buildings and execution of works and the working of minerals) as the Central Government considers necessary or expedient for the exercise of the foregoing powers. 1. Substituted by Act 29 of 1987, S. 3, for sub-S. (b) (w.e.f. 8-9-1987). 2. Inserted by Act 29 of 1987, S. 3 (w.e.f. 8-9-1987).

4

ATOMIC ENERGY ACT, 1962

[S. 4

4. Notification of discovery of uranium or thorium.—(1) Every person who, whether before or after the commencement of this Act, has discovered or discovers that uranium or thorium occurs at any place in India shall, within three months after the date of commencement of this Act or after the discovery, whichever is later, report the discovery in writing to the Central Government or to any person or authority authorised by the Central Government in this behalf. (2) Every person who has reason to believe that uranium or thorium occurs at any place in India, shall without delay, send intimation of such belief and the reasons therefor to the Central Government or to any such person or authority as aforesaid. 5. Control over mining or concentration of substances containing uranium.—(1) If the Central Government is satisfied that any person is mining or is about to mine any substance from which, in the opinion of the Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, or is engaged or is about to be engaged in treating or concentrating by any physical, chemical or metallurgical process any substance from which, in the opinion of the Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, the Central Government may by notice in writing given to that person either— (a) require him in conducting the mining operations or in treating or concentrating the substance aforesaid to comply with such terms and conditions and adopt such processes as the Central Government may in the notice, or from time to time thereafter, think fit to specify, or (b) totally prohibit him from conducting the mining operations or treating or concentrating the substance aforesaid. (2) Where any terms and conditions are imposed on any person conducting any mining operations or treating or concentrating any substance under clause (a) of sub-section (1), the Central Government may, having regard to the nature of the terms and conditions, decide as to whether or not to pay any compensation to that person and the decision of the Central Government shall be final: Provided that where the Central Government decides not to pay any compensation, it shall record in writing a brief statement giving the reasons for such decision. (3) Where the Central Government decides to pay any compensation under sub-section (2), the amount thereof shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance referred to in sub-section (1). (4) Where any mining operation or any process of treatment or concentration of any substance is prohibited under clause (b) of sub-section (1), the Central Government shall pay compensation to the person conducting the mining operations or using the process of treatment or concentration and the amount of such compensation shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance.

S. 8]

ATOMIC ENERGY ACT, 1962

5

6. Disposal of uranium.—(1) No minerals, concentrates and other materials which contain uranium in its natural state in excess of such proportion as may be prescribed by notification by the Central Government shall be disposed of except with the previous permission in writing of the Central Government and in accordance with such terms and conditions as it may impose. (2) The Central Government may serve notice on any person who has produced any mineral, concentrate or other material referred to in subsection (1) that the Central Government 1[proposes to compulsorily acquire it and upon the service of the notice], the mineral, concentrate or other material shall become the property of the Central Government and shall be delivered to the Central Government or as it may direct: 2 [* * *] 3 [(3) Compensation in respect of acquisition under sub-section (2) shall be paid in accordance with section 21 and in determining such compensation regard shall be had to the cost of production of such mineral, concentrate or other material and such other factors as may be relevant, but no account shall be taken of the value of uranium in its natural state contained therein.] 7. Power to obtain information regarding materials, plant or processes.— The Central Government may, by notice in writing served on any person, require him to make such periodical and other returns, or statements at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice relating to— (a) any prescribed substance, specified in the notice, in his possession or under his control or present in or on any land or mine owned or occupied by him which in the opinion of the Central Government is or can be a source of any of the prescribed substances, including returns in respect of any such land or mine; (b) any plant in his possession or under his control designed for mining or processing of minerals so specified, or adapted for the production or use of atomic energy or research into matters connected therewith; (c) any contract entered into by him or any license granted by or to him relating to prospecting or mining of minerals so specified or the production or use of atomic energy or research into matters connected therewith; (d) any other information in his possession relating to any work carried out by him or on his behalf or under his directions, in connection with prospecting or mining of materials so specified or the production or use of atomic energy or research into matters connected therewith. 8. Power of entry and inspection.—(1) Any person authorised by the Central Government may, on producing, if so required, a duly authenticated document showing his authority, enter any mine, premises or land— (a) where he has reason to believe that work is being carried out for the purpose of or in connection with production and processing of any prescribed substances or substances from which a prescribed substance can be obtained or production, development or use of atomic energy or research into matters connected therewith, or 1. Substituted by Act 59 of 1986, S. 2, for “proposes to acquire it and upon the service of the notice and the payment of compensation in accordance with section 21 (w.e.f. 21-9-1986). 2. Proviso omitted by Act 59 of 1986, S. 2 (w.e.f. 21-9-1986). 3. Inserted by Act 59 of 1986, S. 2 (w.e.f. 21-9-1986).