The Atomic Energy Act, 1962
Administered Ministry: Department of Atomic Energy
Section
Section 20 Special Provisions as to inventions.
(1) As from the commencement of this Act, no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations.
(2) The prohibition under sub-section (1) shall also apply to any invention of the nature specified in that sub-section in respect of which an application for the grant of a patent has been made to the Controller of Patents and Designs appointed under the Indian Patents and Designs Act, 1911 (2 of 1911), before the commencement of this Act and is pending with him at such commencement.
(3) 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 relates to atomic energy, to issue directions to the Controller of Patents and Designs to refuse the application on that ground.
(4) Any person, who has made an invention which he has reason to believe relates to atomic energy, shall communicate to the Central Government the nature and description of the invention.
(5) Any person desiring to apply for a patent abroad for an invention relating to or which he has reason to believe relates to atomic energy shall obtain prior permission from the Central Government before making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for permission was made to the Central Government and no reply was received by him.
(6) The Controller of Patents and Designs shall have the power to refer any application to the Central Government for direction as to whether the invention is one relating to atomic energy and the direction given by the Central Government shall be final.
(7) Any invention in the field of atomic energy conceived whether in establishments controlled by the Central Government or under any contract, sub-contract, arrangement or other relationship with the Central Government shall be deemed to have been made or conceived by the Central Government, irrespective of whether such contract, sub-contract, arrangement or other relationship involves financial participation of or assistance from the Central Government.
(8) Notwithstanding anything contained in the Indian Patents and Designs Act, 1911 (2 of 1911), the decision of the Central Government on points connected with or arising out of this section shall be final.
(2) The prohibition under sub-section (1) shall also apply to any invention of the nature specified in that sub-section in respect of which an application for the grant of a patent has been made to the Controller of Patents and Designs appointed under the Indian Patents and Designs Act, 1911 (2 of 1911), before the commencement of this Act and is pending with him at such commencement.
(3) 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 relates to atomic energy, to issue directions to the Controller of Patents and Designs to refuse the application on that ground.
(4) Any person, who has made an invention which he has reason to believe relates to atomic energy, shall communicate to the Central Government the nature and description of the invention.
(5) Any person desiring to apply for a patent abroad for an invention relating to or which he has reason to believe relates to atomic energy shall obtain prior permission from the Central Government before making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for permission was made to the Central Government and no reply was received by him.
(6) The Controller of Patents and Designs shall have the power to refer any application to the Central Government for direction as to whether the invention is one relating to atomic energy and the direction given by the Central Government shall be final.
(7) Any invention in the field of atomic energy conceived whether in establishments controlled by the Central Government or under any contract, sub-contract, arrangement or other relationship with the Central Government shall be deemed to have been made or conceived by the Central Government, irrespective of whether such contract, sub-contract, arrangement or other relationship involves financial participation of or assistance from the Central Government.
(8) Notwithstanding anything contained in the Indian Patents and Designs Act, 1911 (2 of 1911), the decision of the Central Government on points connected with or arising out of this section shall be final.
Section 21 Principles relating to payment of compensation.
(1) Save as otherwise provided in this Act, where by reason of exercise of any powers under this Act, any compensation is payable, the amount of such compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say--
(a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement is reached, the Central Government shall appoint as arbitrator a person having expert knowledge as to the nature of the right affected who shall determine the amount of compensation payable.
(2) In making his award, the arbitrator appointed under sub-section (1) shall have regard--
(a) in the case of any compensation payable under section 9--
(i) to the nature of the work done;
(ii) the manner, extent and duration of the exercise of any powers under that section;
(iii) the diminution in the rent of the land and of the property situated thereon, which might reasonably be expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end; and
(iv) the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894), in so far as such provisions can be made applicable to the exercise of powers under section 9; and
(b) in the case of any compensation payable under section 11 or under section 12, to 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.
(3) An appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount claimed thereof does not exceed an amount prescribed in this behalf by the Central Government.
(4) The Central Government may make rules prescribing the procedure to be followed in arbitrations under this Act and the principles to be followed in the apportionment of the cost of proceedings before the arbitrator and on appeal.
(5) Save as provided in this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this Act.
(a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement is reached, the Central Government shall appoint as arbitrator a person having expert knowledge as to the nature of the right affected who shall determine the amount of compensation payable.
(2) In making his award, the arbitrator appointed under sub-section (1) shall have regard--
(a) in the case of any compensation payable under section 9--
(i) to the nature of the work done;
(ii) the manner, extent and duration of the exercise of any powers under that section;
(iii) the diminution in the rent of the land and of the property situated thereon, which might reasonably be expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end; and
(iv) the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894), in so far as such provisions can be made applicable to the exercise of powers under section 9; and
(b) in the case of any compensation payable under section 11 or under section 12, to 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.
(3) An appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount claimed thereof does not exceed an amount prescribed in this behalf by the Central Government.
(4) The Central Government may make rules prescribing the procedure to be followed in arbitrations under this Act and the principles to be followed in the apportionment of the cost of proceedings before the arbitrator and on appeal.
(5) Save as provided in this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this Act.
Section 22 Special provisions as to electricity.
(1) Notwithstanding anything contained in the Electricity (Supply) Act, 1948 (54 of 1948), the Central Government shall have authority--
(a) to develop a sound and adequate national policy in regard to atomic power, to co-ordinate such policy with the Central Electricity Authority and the State Electricity Boards constituted under sections 3 and 5 respectively of that Act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of such policy and to operate 1[,either by itself or through any authority or corporation established by it or a Government company,] atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter into agreement regarding the supply or electricity so produced;
(b) to fix rates for and regulate the supply of electricity from atomic power stations2[either by itself or through any authority or corporation established by it or a Government company, in consultation with] of the Central Electricity Authority;
(c) to enter into arrangements with the Electricity Board of the State in which an atomic power station is situated 1[either by itself or through any authority or corporation established by it or a Government company] for the transmission of electricity to any other State:
Provided that in case there is difference of opinion between the Central Government 1[or such authority or corporation or Government company, as the case may be,] and any State Electricity Board in regard to the construction of necessary transmission lines, the matter shall be referred to the Central Electricity Authority whose decision shall be binding on the parties concerned.
(2) No provision of the Indian Electricity Act, 1910 (9 of 1910), or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this Act.
(3) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, the Indian Electricity Act, 1910 (9 of 1910), and the Electricity (Supply) Act, 1948 (54 of 1948)
(a) to develop a sound and adequate national policy in regard to atomic power, to co-ordinate such policy with the Central Electricity Authority and the State Electricity Boards constituted under sections 3 and 5 respectively of that Act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of such policy and to operate 1[,either by itself or through any authority or corporation established by it or a Government company,] atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter into agreement regarding the supply or electricity so produced;
(b) to fix rates for and regulate the supply of electricity from atomic power stations2[either by itself or through any authority or corporation established by it or a Government company, in consultation with] of the Central Electricity Authority;
(c) to enter into arrangements with the Electricity Board of the State in which an atomic power station is situated 1[either by itself or through any authority or corporation established by it or a Government company] for the transmission of electricity to any other State:
Provided that in case there is difference of opinion between the Central Government 1[or such authority or corporation or Government company, as the case may be,] and any State Electricity Board in regard to the construction of necessary transmission lines, the matter shall be referred to the Central Electricity Authority whose decision shall be binding on the parties concerned.
(2) No provision of the Indian Electricity Act, 1910 (9 of 1910), or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this Act.
(3) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, the Indian Electricity Act, 1910 (9 of 1910), and the Electricity (Supply) Act, 1948 (54 of 1948)
1. Ins. by Act 29 of 1987, s. 4 (w.e.f. 8-9-1987).
2. Subs. by s. 4, ibid., for "with the concurrence of" (w.e.f. 8-9-1987).
2. Subs. by s. 4, ibid., for "with the concurrence of" (w.e.f. 8-9-1987).
Section 23 Administration of Factories Act, 1948.
Notwithstanding anything contained in the Factories Act, 1948 (63 of 1948), the authority to administer the said Act and to do all things for the enforcement of its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall vest in the Central Government in relation to any factory owned by the Central Government 1[or any authority or corporation established by it or a Government company] and engaged in carrying out the purposes of this Act.
1. Ins. by s. 5, ibid. (w.e.f. 8-9-1987).
Section 24 Offences and penalties.
(1) Whoever--
(a) contravenes any order made under section 14 or any condition subject to which a licence is granted under that section; or
(b) contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or
(c) obstructs any person authorised by the Central Government under sub-section (4) of section 17 in the exercise of powers under that sub-section; or
(d) contravenes sub-section (2) of section 18;
shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
(a) contravenes any order made under section 14 or any condition subject to which a licence is granted under that section; or
(b) contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or
(c) obstructs any person authorised by the Central Government under sub-section (4) of section 17 in the exercise of powers under that sub-section; or
(d) contravenes sub-section (2) of section 18;
shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
Section 25 Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was 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, 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 officer of the company, such director, manager, secretary, or other officer shall 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,--
(a) "company" means any body corporate and includes a firm and other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm
Provided that nothing contained in this sub-section shall render any such person 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.
(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 officer of the company, such director, manager, secretary, or other officer shall 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,--
(a) "company" means any body corporate and includes a firm and other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm
Section 26 Cognizance of offences.
(1) All offences under this Act shall be cognizable under the Code of Criminal Procedure, 1898 (5 of 1898), but no action shall be taken in respect of any person for any offence under this Act except on the basis of a written complaint made--
(a) in respect of contravention of section 8, 14 or 17 or any rule or order made thereunder, by the person authorised to exercise powers of entry and inspection;
(b) in respect of any other contravention, by a person duly authorised to make such complaints by the Central Government.
(2) Proceedings in respect of contravention of section 18 shall not be instituted except with the consent of the Attorney General of India.
(a) in respect of contravention of section 8, 14 or 17 or any rule or order made thereunder, by the person authorised to exercise powers of entry and inspection;
(b) in respect of any other contravention, by a person duly authorised to make such complaints by the Central Government.
(2) Proceedings in respect of contravention of section 18 shall not be instituted except with the consent of the Attorney General of India.
Section 27 Delegation of powers.
The Central Government may, by order, direct that any power conferred or any duty imposed on it by this Act shall, in such circumstances and subject to such conditions as may be specified in the direction, be exercised or discharged 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 as may be specified in the direction.
(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 as may be specified in the direction.
Section 28 Effect of other laws
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 effect by virtue of any enactment other than this Act.
Section 29 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Government or any person or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule of order made thereunder.
Section 30 Power to make rules.
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for--
(a) declaring any information not so far published or otherwise made public as restricted information and prescribing the measures to be taken to guard against unauthorised dissemination or use thereof;
(b) declaring any area or premises as prohibited area and prescribing the measures to be taken to provide against unauthorised entry into or departure from such prohibited area;
(c) reporting of information relating to the discovery of uranium, thorium and other prescribed substances and for payment of rewards for such discoveries;
(d) control over mining or concentration of substances containing uranium;
(e) regulating by licensing and encouraging by award of concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed substances;
(f) compulsory acquisition of prescribed substances, minerals and plants;
(g) regulating the production, import, export, transfer, refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the opinion of the Central Government may be used for, or may result as a consequence of, the production, use or application of atomic energy;
(h) regulating the use of prescribed equipment;
(i) regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of any radioactive substance;
(j) regulating the transport of such prescribed substances as are declared dangerous to health under sub-section (2) of section 17;
(k) developing, controlling, supervising and licensing the production, application and use of atomic energy;
(l) fees for issue of licences under this Act;
(m) the manner of serving notices under this Act;
(n) generally promoting co-operation among person, institutions and countries in the production, use, application of atomic energy and in research and investigations in that field.
(3) Rules made under this Act may provide that a contravention of the rules shall, save as otherwise expressly provided in this Act, be punishable with fine which may extend to five hundred rupees.
(4) Every rule 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 1[before the expiry of the session immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for--
(a) declaring any information not so far published or otherwise made public as restricted information and prescribing the measures to be taken to guard against unauthorised dissemination or use thereof;
(b) declaring any area or premises as prohibited area and prescribing the measures to be taken to provide against unauthorised entry into or departure from such prohibited area;
(c) reporting of information relating to the discovery of uranium, thorium and other prescribed substances and for payment of rewards for such discoveries;
(d) control over mining or concentration of substances containing uranium;
(e) regulating by licensing and encouraging by award of concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed substances;
(f) compulsory acquisition of prescribed substances, minerals and plants;
(g) regulating the production, import, export, transfer, refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the opinion of the Central Government may be used for, or may result as a consequence of, the production, use or application of atomic energy;
(h) regulating the use of prescribed equipment;
(i) regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of any radioactive substance;
(j) regulating the transport of such prescribed substances as are declared dangerous to health under sub-section (2) of section 17;
(k) developing, controlling, supervising and licensing the production, application and use of atomic energy;
(l) fees for issue of licences under this Act;
(m) the manner of serving notices under this Act;
(n) generally promoting co-operation among person, institutions and countries in the production, use, application of atomic energy and in research and investigations in that field.
(3) Rules made under this Act may provide that a contravention of the rules shall, save as otherwise expressly provided in this Act, be punishable with fine which may extend to five hundred rupees.
(4) Every rule 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 1[before the expiry of the session immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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
1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for "before the expiry of the session in which it is so laid" (w.e.f. 15-5-1986).
Section 31 Act binding on Government.
The provisions of this Act shall be binding on Government.
Section 32 Repealed.
[Repeal of Act 29 of 1948].--Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974).