Overview: THE ATOMIC ENERGY ACT, 1962

Profile of the Author: Bhawna Pawar, student of Dr. B. R. Ambedkar National Law University, Sonipat, pursuing B.A. LL.B (Hons.) 2nd year, having areas of interest in constitutional law, civil law and criminal law.

Nuclear power is undoubtedly a major source of controversy, yet it is important for India's future energy security. Given that India's annual energy demand is expected to rise to 800 GW by 2032, it is very important to look at all energy sources in the energy mix. The arguments for supporting nuclear power become even more intense when we look at the large thorium reserves India has. However, there are strong and legitimate fears about nuclear power that can be ignored. Pressure may be placed on the development of monitoring, safety measures and the disposal of new waste products, and reducing waste disposal. But the development of nuclear power cannot be stoned because of such problems.

The India Nuclear Program has its roots in the establishment of the Tata Institute of Fundamental Research in 1945 through the initiative of Dr. H. Bhabha. It conducts research in nuclear physics and cosmic radiation. In 1948 the Atomic Energy Commission was formed to work on the Indian Nuclear Program. The main area of ​​the commission was the prosperity of unused nuclear resources. India does not have enough Uranium funds for 1-2% of the world's reserves, but it has been given one of the largest Thorium reserves that make up about 30% of the world's reserves.

Thorium however is not fissile and cannot be used directly to initiate Nuclear Reaction. But it is 'fertile' and what makes Nuclear Fuel the fact that its isotope Thorium - 232 can be converted to 'fissile' uranium -233. This conversion process is called 'Transmutation'. With the help of Thorium reserves Dr Homi Jehangir Bhabha became pregnant with the 3 Stage Nuclear Program.

India has continued to explore the possibility of tapping nuclear power for the purpose of generating electricity. In this way, the three-dimensional nuclear system was developed by Homi Bhabha in the 1950s. There is no law called the ‘Atomic Energy Act, 2008’ made by the Government. However, the Atomic Energy Act, first enacted in 1948, was repealed in 1962 with the establishment of the Atomic Energy Act, 1962. Minor amendments to the Act were made in 1986 and 1987.The Atomic Energy Act, 1962 was drafted and implemented for the stated purpose of using two naturally occurring Uranium and Thorium compounds that have the potential to be used as nuclear fuel for Indian Nuclear Power Reactors. The estimated natural levels of Uranium are 70,000 tons and Thorium is about 3,60,000 tons in the country.

The definition of atomic energy is defined under section 2 (a) of Atomic Energy Act, 1962. “Atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes. The provisions of law in the Indian legal system regarding atomic energy are found at four different levels namely the (a) constitutional level (b) the statutory level (c) Regulations or Delegated Legislation and (d) Non-Mandatory Guidance instruments[1].

GENERAL POWERS OF THE CENTRAL GOVERNMENT [2]

• In terms of section 3 (a) and (b) of the Act, the Central Government is empowered to produce, manufacture, use and dispose of atomic energy and radioactive material. The Central Government or any related authority may conduct research on atomic energy and anything related to it. They can also produce any article and radioactive material that may be needed in the process of producing, developing, or using atomic energy.
• Section 3 (c) sets out what "prohibited information" is under the Act. Includes details such as location, use, quantity, method of purchase, disposal, etc. about items as recommended by the Act which were essential to the use and study of atomic energy; production and production of raw materials; the theory and structure of the operation of nuclear reactors, and so on.
• “Unauthorized area” in terms of Section 3 (d) includes suitable areas for research, design, and development of production, treatment, application and disposal of atomic energy and radioactive material.
• The Central Government under Section 3 (e) is authorized to control and control the emission of radioactive material and subsequent radioactive plant products, to protect public safety, to ensure the disposal of radioactive waste, and so on.
• Section 3 (f) sets out to provide for the production and supply of electricity from atomic energy and to take appropriate action for that product and supply for all matters connected therewith;
• Section 3 (g) sets out to perform all such functions (including building and processing of minerals and services) as the State may deem necessary or expedient for the exercise of the above powers.

OFFENCES AND PENALITIES

Section 24 of the Act sets out the information about offences and penalities one is subjected to for committing it. Section 24 (1) prescribes certain offenses punishable by imprisonment for up to 5 years with a fine, or both:

• Any person who contravenes Section 14 any condition under this section is licensed.
• In violation of the provisions of Section 17 any condition imposed by these rules.
• Prohibition of the exercise of power under Section 17 (4).
• Violation of Section 18 (2).

Section 24 (2) provides for offenses punishable by imprisonment for a term of up to one year, or a fine, or both:

• Anyone who is served by notice or given conditions under Section 5 of the Act and fails to comply with that.
• Any person who fails to comply with a notice given under Section 7 of the Act and makes false statements in respect of such notice.
• Anyone who obstructs or obstructs an authority in the exercise of power under Sections 8 and 9 of the Act.

When a company contravenes the Act and commits an offense, anyone at the time who was in charge of the business of the company would be liable for the offense and would be punished accordingly, unless such person could prove that the offense was beyond his or her control and had taken all necessary steps to prevent such an offense.

Offenses under Section 26 (1) of the Act are recognized under Criminal Procedure Act 1898, but no action may be taken until a written complaint by the competent authority to enter into an alleged violation under sections 8, 14 or 17 of any law or order under it, or by a person authorized by the Central Government in respect of any violation under the Act. Violations of Section 18 cannot be reported until the approval of the Attorney General of India has been obtained in terms of Section 26 (2).

ATOMIC ENERGY (AMENDMENT) BILL, 2015 [3]

The Atomic Energy (Amendment) Bill, 2015 was introduced in Lok Sabha on December 7, 2015. The Bill was introduced by the Minister of State in the Department of Atomic Energy, Mr. Jitendra Singh. The Bill proposes to amend the Atomic Energy Act, 1962. This Act gives central government the power to produce, develop, regulate and use atomic energy.

Under the Act, a state-owned company is one where at least 51% of payments are held by central government. The allotted amount is the principal amount received by the company from the issuance of shares. The Bill extends this definition to include companies where all paid dividends are held by one or more state-owned companies and its organizational articles that give central government the power to form a Board of Directors. This provision will allow for the creation of joint ventures between Nuclear Power Corporation of India Limited and other state-owned enterprises.

Under the Act, a license is required to acquire, manufacture, use, export and import any plant intended for the production and development of atomic energy or research. The Bill makes a series of amendments to say that such a license will only be granted to organizations such as a state-owned company or a central government department.

The Bill states that any license granted for such matters as: (i) generating atomic energy, and (ii) the acquisition and use of materials or minerals where atomic energy is obtained, will be revoked if the licensee ceases to be a state-owned company.

CONCLUSION

Over the years, the Indian energy industry has become an integral part of the Indian economy, driving the economy towards various forms of progress and society. The Atomic Energy Act of 1962, provided for the development of nuclear power in the Supreme Government, with the Atomic Energy Department establishing and regulating nuclear power plants. Electrification in rural areas is the Government's main goal of ensuring progress.

[1] Vishnu Konoorayar K. and Jaya V. S., “Atomic Energy Law in India: An Analysis” http://www.klri.re.kr:9090/bitstream/2017.oak/6422/1/Atomic%20Energy%20Law%20in%20India%3A%20An%20Analysis.pdf

[2] ATOMIC ENERGY ACT, 1962

[3] The Atomic Energy (Amendment) Bill, 2015, https://www.prsindia.org/billtrack/the-atomic-energy-amendment-bill-2015-4086

FREQUENTLY ASKED QUESTIONS (FAQs)

Q1: What is definition of atomic energy?

The definition of atomic energy is defined under section 2 (a) of Atomic Energy Act, 1962. “Atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes.

Q2: What does Atomic Energy Act, 1962 talk about?

The Act firstly discusses about various terms like atomic energy, fissile material, Government Company, and so on it further provides about radio and plant emissions control measures and measures to prevent radiation hazards, to maintain public safety, to ensure the careful disposal of radioactive waste, and so on. It also provides specialized provisions regarding the regulation of radioactive material, the authority to test, control, and maintain the production and use of atomic energy, and so on.

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