Regulatory Framework Under The Atomic Energy Act In India
The president of India then presented the Atomic Energy Act to the constitutional assembly in 1948, and the Indian nuclear strategy was officially kicked off. Firstly, the aim of this program was to regulate the states atomic resources and conduct unacknowledged testing and innovation. Subsequently, the Act brought in the establishment of a judicial framework, which comprised the Department of Scientific Research’s Atomic Energy Commission in 1948 (which was reorganized in 1958), the Atomic Energy Establishment and Department of Atomic Energy in 1954, and the Atomic Energy Regulatory Board (AERB Registration) in 1983. The Atomic Energy Act of 1962, the successor of the 1948 Act, marked its presence. The “people of India” was the main objective of its being.
This article is outlining the historical context of the Atomic Energy Act, the key elements of the Act, the goals of the Act, the key definitions that are mentioned in it, and the amendments that involved the Act.
What Is Atomic Energy?
The energy that is used during a radioactive decay process or a nuclear reaction is known as atomic energy. There are two types of nuclear reaction: fission which takes place in a nuclear reactor, emitting energy in the form of radiation and heat. Nuclear energy is the energy produced by an atom’s nucleus made of protons and neutrons. There are two ways to generate this energy source: fusion that happens when nuclei fuse or fission, whereby atoms split into smaller parts.
Historical Setting of The Atomic Energy Act of India
Initiatives to decrease or even stop the use of nuclear power have been made repeatedly because of doubts that as technology evolves it could unleash global disaster. Governments have developed legislation to define the area of the nuclear responsibility, offer ways for obtaining compensation for losses incurred by individuals as a result of the nuclear accidents, address fault and damages to third parties and establish limitations and safety measures for nuclear energy and electricity.
It was not until 1945 that the nuclear science research indeed got organized with the foundation of the Tata Institute of Fundamental Research in Bombay. Within only two years after gaining independence in 1948, the Atomic Energy Act was passed by the Parliament, declaring that India would manufacture and use any atomic energy only for peaceful purposes. Nevertheless, the Department of Atomic Energy was not established by the government till 1954 and was given the responsibility of controlling all nuclear operations within the nation.
Objectives Of The Indian Atomic Energy Act
Some of the key objectives of the Atomic Energy Act are mentioned here:
Protection And Security
The Atomic Energy Act creates the regulatory system to ensure the execution of power plants and related operations.
One of the major goals of the Atomic Energy Act is to safeguard the country from its undesirable effects.
In addition, it regulates policies and pertinent processes that strive to avoid disasters and protect the public and workers; furthermore, it guidelines also facilitate in minimizing the damages and resulting environmental consequences of the nuclear undertakings.
Non-Proliferation
The issue of non-proliferation constitutes one of the key objectives of the Atomic Energy Act. The Atomic Energy Acts are full of responsibilities to comply with global non-proliferation treaties and agreements.
Through the writing of these policies and agreements countries can try to curb spread of the nuclear weapons and the technologies associated with them.
Control And Licensing
The Atomic Energy Act provides the mechanism for submission of applications for licenses and permits for different nuclear activities.
Such a policy guarantees that the construction and operation of the nuclear power facilities, managing radioactive materials and the research of atomic energy be done only by capable and responsible individuals.
Encouragement Of Nonviolent Use
The Atomic Energy Act promotes the utilization of nuclear energy for non-defense purposes such as industrial production, electric power generation, and medical research.
Public Trust
The Atomic Energy Act brings the rules and regulations into existence, sets standards for safety measures, and provides procedures of liability to calm people down about the safety of nuclear operations and the responsibility of people regarding them.
Partnering On A Worldwide Scale
The Atomic energy act also helps in steering the country's cooperation with different countries and international organizations in a way that facilitates the international level collaboration.
Accountability And Compensation
The Act creates a legal framework for determining liability and paying damages in the case of a nuclear accident.
Safeguarding And Conserving Nature.
Generally, provisions covering activities related to nuclear and environment are included in the Atomic Energy Act.
To minimize long-term eco damage, it may be wise to impose strict rules for handling, storage and final destruction of the radioactive waste.
Crucial Clauses Of The Atomic Energy Act Of India.
The Atomic Energy Act has several important articles.
The Atomic Energy Law contains all the fundamental terms and their interpretations as per the Atomic Energy Act.
Atomic Energy Plant
Radioactive Substance Prescribed Equipment
Minerals Fissile Material
Radiation Prescribed Substance
Amendments Made In The Indian Atomic Energy Act
Amendments are changes to rules and regulations that occur in the process after the act has been introduced. Amendments can also require removal of provisions that have become a redundancy. undefined
The Atomic Energy (Amendment) Act, 2015.
The Atomic Energy (Amendment) Bill 2015 was tabled in the Lok Sabha on December 7, 2015. The bill is introduced by the Minister who is in charge of the Department of Atomic Energy. The purpose of the bill is to amend the Atomic Energy Act of 1962. The national government of India is empowered to make, alter, control and apply nuclear energy as stated in the Atomic Energy Act.
Ordering and using the minerals or material that can make the atomic energy.
In line with the Atomic Energy Act, a license is a requirement for the procurement, manufacture, use, exporting, or even importing of any plant intended for atomic energy development and production or research. The latter part of the bill states that only government central agencies or government corporations will be legally eligible for getting such a license.
According to this Act, an enterprise is considered as a government company to the extent that the central government owns at least fifty-one percent of its paid-up share capital. Paid-up share capital refers to the amount of capital that an entity receives when it issues shares. The law under discussion extends this definition to include enterprise whose articles of association let the central government to nominate each member of the board of directors and companies whose capital paid-in is more than one government owned enterprise. This provision permits the Nuclear Power Corporation of India Ltd. and other government-owned entities to collaborate in joint ventures.
Atomic Energy Regulatory Board (AERB)
The chief organization dealing with the assessment of all nuclear safety issues is the Atomic Energy Regulatory Board. The President of India created it on November 15, 1983 using the provision in Section 27 of the Atomic Energy Act of 1962. The Atomic Energy Act of 1962 and the Environment Protection Act of 1986 are the regulations and notices that have authorized AERB to regulate. The headquarters of AERB is located in Mumbai.
The primary objective of the board is to ascertain that there is no excessive risk to public health and environment from the use of nuclear power and ionizing radiation in India. The board currently has three part-time members: a full-time chairman, an ex-officio member, and a secretary.
The Advisory Committee on Nuclear Safety (ACNS) gives advices to AERB. The ACNS team is comprised of experts from AERB, DAE (Atomic Energy Department, established on August 3, 1954), plus other bodies outside DAE. The ACNS provides provisions on the safety rules, guidelines, and handbooks approved by the advisory sub-committees of these classes. These guides refer to sitting, design, building, operation, quality assurance, and decommissioning/ life extension of nuclear power plants, respectively.
Conclusion
In other words, the Atomic Energy Act is an important act which provides all the necessary details on the use, production, and prohibition of atomic energy and related things. All participants in atomic energy-related occupation must make sure that they follow all regulations of Atomic Energy Act.
This article is outlining the historical context of the Atomic Energy Act, the key elements of the Act, the goals of the Act, the key definitions that are mentioned in it, and the amendments that involved the Act.
What Is Atomic Energy?
The energy that is used during a radioactive decay process or a nuclear reaction is known as atomic energy. There are two types of nuclear reaction: fission which takes place in a nuclear reactor, emitting energy in the form of radiation and heat. Nuclear energy is the energy produced by an atom’s nucleus made of protons and neutrons. There are two ways to generate this energy source: fusion that happens when nuclei fuse or fission, whereby atoms split into smaller parts.
Historical Setting of The Atomic Energy Act of India
Initiatives to decrease or even stop the use of nuclear power have been made repeatedly because of doubts that as technology evolves it could unleash global disaster. Governments have developed legislation to define the area of the nuclear responsibility, offer ways for obtaining compensation for losses incurred by individuals as a result of the nuclear accidents, address fault and damages to third parties and establish limitations and safety measures for nuclear energy and electricity.
It was not until 1945 that the nuclear science research indeed got organized with the foundation of the Tata Institute of Fundamental Research in Bombay. Within only two years after gaining independence in 1948, the Atomic Energy Act was passed by the Parliament, declaring that India would manufacture and use any atomic energy only for peaceful purposes. Nevertheless, the Department of Atomic Energy was not established by the government till 1954 and was given the responsibility of controlling all nuclear operations within the nation.
Objectives Of The Indian Atomic Energy Act
Some of the key objectives of the Atomic Energy Act are mentioned here:
Protection And Security
The Atomic Energy Act creates the regulatory system to ensure the execution of power plants and related operations.
One of the major goals of the Atomic Energy Act is to safeguard the country from its undesirable effects.
In addition, it regulates policies and pertinent processes that strive to avoid disasters and protect the public and workers; furthermore, it guidelines also facilitate in minimizing the damages and resulting environmental consequences of the nuclear undertakings.
Non-Proliferation
The issue of non-proliferation constitutes one of the key objectives of the Atomic Energy Act. The Atomic Energy Acts are full of responsibilities to comply with global non-proliferation treaties and agreements.
Through the writing of these policies and agreements countries can try to curb spread of the nuclear weapons and the technologies associated with them.
Control And Licensing
The Atomic Energy Act provides the mechanism for submission of applications for licenses and permits for different nuclear activities.
Such a policy guarantees that the construction and operation of the nuclear power facilities, managing radioactive materials and the research of atomic energy be done only by capable and responsible individuals.
Encouragement Of Nonviolent Use
The Atomic Energy Act promotes the utilization of nuclear energy for non-defense purposes such as industrial production, electric power generation, and medical research.
Public Trust
The Atomic Energy Act brings the rules and regulations into existence, sets standards for safety measures, and provides procedures of liability to calm people down about the safety of nuclear operations and the responsibility of people regarding them.
Partnering On A Worldwide Scale
The Atomic energy act also helps in steering the country's cooperation with different countries and international organizations in a way that facilitates the international level collaboration.
Accountability And Compensation
The Act creates a legal framework for determining liability and paying damages in the case of a nuclear accident.
Safeguarding And Conserving Nature.
Generally, provisions covering activities related to nuclear and environment are included in the Atomic Energy Act.
To minimize long-term eco damage, it may be wise to impose strict rules for handling, storage and final destruction of the radioactive waste.
Crucial Clauses Of The Atomic Energy Act Of India.
The Atomic Energy Act has several important articles.
The Atomic Energy Law contains all the fundamental terms and their interpretations as per the Atomic Energy Act.
Atomic Energy Plant
Radioactive Substance Prescribed Equipment
Minerals Fissile Material
Radiation Prescribed Substance
- It also enumerates the comprehensive areas in which the Central Government is given legislative powers.
- Another part of the Atomic Energy Act that is worth mentioning is that the provisions related to the discovery of uranium or thorium are also included.
- Provisions on mining exploitation control. Concentration or mining of this substance has uranium using some processes. The course of action of the Central Government highlighted is below.
- It is this Act that features the termination of uranium disposal.
- The Act contains provisions for the Central Government to avail any information. The information may include information on processes, materials, or species.
- The Act also stipulates that the competent officers from the Central Government have the authority to examine and hence, inspect.
- Additionally, provision of compulsory taking of rights by the Central Government when minerals are detected with specified substances is also inserted.
- The Compulsory acquisition portion of prescribed plants, minerals and substances is also present in the Act.
- Clauses covering situations where property is acquired.
- The regulations on the use of atomic energy and its further disposal.
- Contract novation provisions.
- Radioactive substance control provisions.
- Safety provisions.
- The Act as well contains provisions on disclosure and limitations on it.
- State laws on electricity and patents.
- The Act provisions such as penalties and offences, respectively.
- Power centered under the Act.
Amendments Made In The Indian Atomic Energy Act
Amendments are changes to rules and regulations that occur in the process after the act has been introduced. Amendments can also require removal of provisions that have become a redundancy. undefined
The Atomic Energy (Amendment) Act, 2015.
The Atomic Energy (Amendment) Bill 2015 was tabled in the Lok Sabha on December 7, 2015. The bill is introduced by the Minister who is in charge of the Department of Atomic Energy. The purpose of the bill is to amend the Atomic Energy Act of 1962. The national government of India is empowered to make, alter, control and apply nuclear energy as stated in the Atomic Energy Act.
Ordering and using the minerals or material that can make the atomic energy.
In line with the Atomic Energy Act, a license is a requirement for the procurement, manufacture, use, exporting, or even importing of any plant intended for atomic energy development and production or research. The latter part of the bill states that only government central agencies or government corporations will be legally eligible for getting such a license.
According to this Act, an enterprise is considered as a government company to the extent that the central government owns at least fifty-one percent of its paid-up share capital. Paid-up share capital refers to the amount of capital that an entity receives when it issues shares. The law under discussion extends this definition to include enterprise whose articles of association let the central government to nominate each member of the board of directors and companies whose capital paid-in is more than one government owned enterprise. This provision permits the Nuclear Power Corporation of India Ltd. and other government-owned entities to collaborate in joint ventures.
Atomic Energy Regulatory Board (AERB)
The chief organization dealing with the assessment of all nuclear safety issues is the Atomic Energy Regulatory Board. The President of India created it on November 15, 1983 using the provision in Section 27 of the Atomic Energy Act of 1962. The Atomic Energy Act of 1962 and the Environment Protection Act of 1986 are the regulations and notices that have authorized AERB to regulate. The headquarters of AERB is located in Mumbai.
The primary objective of the board is to ascertain that there is no excessive risk to public health and environment from the use of nuclear power and ionizing radiation in India. The board currently has three part-time members: a full-time chairman, an ex-officio member, and a secretary.
The Advisory Committee on Nuclear Safety (ACNS) gives advices to AERB. The ACNS team is comprised of experts from AERB, DAE (Atomic Energy Department, established on August 3, 1954), plus other bodies outside DAE. The ACNS provides provisions on the safety rules, guidelines, and handbooks approved by the advisory sub-committees of these classes. These guides refer to sitting, design, building, operation, quality assurance, and decommissioning/ life extension of nuclear power plants, respectively.
Conclusion
In other words, the Atomic Energy Act is an important act which provides all the necessary details on the use, production, and prohibition of atomic energy and related things. All participants in atomic energy-related occupation must make sure that they follow all regulations of Atomic Energy Act.