Atomic Energy Act, 1962

Background and evolution

India's nuclear programme began under Homi J. Bhabha, with the Atomic Energy Commission set up in 1948 and the Department of Atomic Energy in 1954. The first Atomic Energy Act of 1948 was modelled on the British law and gave the government broad powers. As the programme expanded to include power reactors, research and fuel cycle facilities, Parliament passed a more detailed law in 1962.

The 1962 Act reflects the view of that time that atomic energy was strategic and should be under exclusive state control. It covers the mining of prescribed substances like uranium and thorium, manufacture of radioactive materials, production of nuclear power and controls over information. Atomic energy also falls under Entry 6 of the Union List.

Key features and provisions

• Central powers (Section 3): the Central Government may produce, develop, use and dispose of atomic energy and carry out research.
• Prescribed substances: the government may declare minerals and materials, such as uranium, thorium and beryllium, as prescribed substances and control their mining, possession and transfer.
• Restricted information (Section 18): the government may restrict disclosure of information about atomic plants.
• Licensing (Section 14): control over production, use, export and import of radioactive substances and equipment.
• Nuclear power (Section 3(a)): atomic energy may be produced by the Central Government, an authority or corporation set up by it, or a Government company.
• 2015 amendment: expanded the definition of "Government company" to include a company in which the whole of the paid-up share capital is held by one or more government companies, enabling joint ventures such as NPCIL–NTPC.
• Safety: Section 17 empowers the government to make rules on safety; the Atomic Energy Regulatory Board was created by an order under the Act in 1983.
• Offences: contravention of the Act is punishable with imprisonment and fines.