No: 33 Dated: Sep, 05 1962

THE ATOMIC ENERGY ACT, 1962

ACT 33 OF 1962

    An Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes and for matters connected therewith.

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Atomic Energy Act, 1962.

(2) It extends to the whole of India.

(3) It shall come into force on such date 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;

[(ba) “Government company” means a company in which not less than fifty-one per cent. of the paid up share capital is held by the Central Government;]

(c) “minerals” include all substances obtained or obtainable from the soil (including alluvium or rocks) by underground or surface working;

(d) “notification” means notification published in the Official Gazette;

(e) “Plant” includes machinery, equipment or appliance, whether affixed to land or not;

(f) “prescribed equipment” means any property which the Central Government may, by notification, prescribe, being a property which in its opinion is specially designed or adapted or which is used or intended to be used for the production or utilisation of any prescribed substance, or for the production or utilisation of atomic energy, radioactive substances, or radiation, but does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid;

(g) “prescribed substance” means any substance including any mineral which the Central Government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances;

(h) “radiation” means gamma rays, X-rays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles; but not sound or radio waves, or visible, infrared or ultraviolet light;

(i) “radioactive substance” or “radioactive material” means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government.

  (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.

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