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THE ATOMIC ENERGY ACT, 1962

The Atomic Energy Act, 1962 is the Central legislation enacted on September 15, 1962. The Act was formulated to advance, regulate and employ atomic energy for the benefit of the Indian citizens and also for harmonious objects and other issues related with the matter. The application of the Act extends to the Indian Territory as a whole. By virtue of the terms of the legislation, the Government of India is empowered directly to manufacture, build up and employ and sell off atomic energy. It can also do the same with the help of other authority as well as corporation constituted by the Central Government or a Company under the Government and conduct research with respect issues under atomic energy.

The Act further provides that the Central Government shall also have power for the purpose of production or creation of any set down materials or radioactive material and any substance that in its view to be necessitated with the manufacture, progression or utilization of atomic energy or as included under the Atomic Energy (Amendment) Act, 1987.It shall also have authority to purchase or get hold of, accumulate and transport any specified or radioactive material and any substance that needed in the view of the Central Government for the purpose of manufacture, advancement or utilization of atomic energy. The Central Government shall sell off the specified or radioactive material or any substance which is being purchased by the Central Government or can assign such power to any other authority or corporation constituted by the Central Government or Government Company.

As per the provisions of the Act, the Central Government shall affirm information which is not publicized or made known to the public as restricted information. Such information shall relate with the place, quality and amount of the specified materials and dealings for their acquisition. Such information shall deal with the purchase, sale etc. It shall also relate with the dealing out of articles and the mining or manufacture of fissile substances from them. It shall also connect with the theory, structure, formulation and function of the industry for the dealings and manufacture of specified materials as well as for division of isotopes. The information also dealt with the theory, structure, formulation and function of nuclear reactors along with the research works and technological advancements on the substances that are developed as provided under the provisions of the Act. By virtue of the Act, all the persons who have determined that thorium or uranium arises at any location in the territory of India within the specified period subsequent to the enforcement of the enactment or report the discovery to the Government of India or the authorized person as empowered by the Central Government. Such person shall also inform the existence of uranium or thorium and send basis to the Government of India immediately.

Moreover, where information is received by the Government of India that mining is carried out by any person for the extraction of uranium or is engaged in the concentration of such material by any scientific process of such matter the Government of India can give notice to such person necessitating him to carry out mining activities or concentrating the material after complying with the stipulations and assume such activities as the Government may direct in the notice and also afterwards. It shall completely forbid the mining activities and concentration of the matter as provided under the Act. The enactment provides provision for the disposal of uranium and also provides authority to get hold of information relating with such substances, industry or activities. The legislation entrusts power on the Central Government to inspect the premises and acquire materials where mining activities are conducted as specified under the enactment. The Central Government is empowered under the Act to formulate rules to implement the provisions of the Act effectively.

The Atomic Energy Act, 1962 repealed The Atomic Energy Act, 1948. Moreover, the Act was also amended by The Atomic Energy (Amendment) Act, 1986 and The Atomic Energy (Amendment) Act, 1987